Diocese of Rochester August 2020 Examination Statement West Malling Abbey Diocese of Rochester Tonbridge and Malling Borough Council Examination in Public Matter 3 – The Metropolitan Green Belt savills.co.uk West Malling Abbey Tonbridge and Malling Borough Council EIP – Matter 3 Contents 1. Introduction 1 2. Response to Inspectors Questions 2 3. Conclusions 11 Appendix A: Regulation 18 Representation Appendix B: Regulation 19 Representation Appendix C: Fabrik Landscape Evidence Appendix D: Local Plan Post-Submission Representation Appendix E: Excerpt from Green Belt Study Part One Appendix F: Excerpt from Green Belt Study Part Two Appendix G: Excerpt from the Green Belt Exceptional Circumstances Topic Paper Diocese of Rochester August 2020 West Malling Abbey Tonbridge and Malling Borough Council EIP – Matter 3 1. Introduction 1.1. This Examination Statement is submitted by Savills on behalf of the Diocese of Rochester (“the Diocese”). 1.2. The Diocese covers North and West Kent, including the London Boroughs of Bromley and Bexley. It comprises 216 parishes, including approximately 239 churches and serves a population of 1.3 million. 1.3. This Statement relates specifically to the West Malling Abbey. Situated to the East of West Malling, the Abbey was established in the area by Gundulf Bishop of Rochester as the Abbey of the Virgin Mary for Benedictine nuns in circa. 1090 and has a historic association with the Town. As such, the Diocese has a long-standing interest in the area. 1.4. As custodian of this historic Abbey site, the Diocese’s priority is to ensure the long term viability and sustainability of the Abbey estate. The Abbey is already heavily-constrained in terms of its various planning designations, including: Historic Park and Garden; Scheduled Ancient Monument; and, a number of listed buildings. The imposition of a Green Belt designation across the Abbey site would introduce an unnecessary and restrictive planning burden for any future alterations required. 1.5. Previous representations have been made to Tonbridge and Malling Borough Council (TMBC) for the Regulation 18 (Appendix A), Regulation 19 Local Plan Consultation (Appendix B) and the Local Plan Post Submission Consultation (Appendix D). It is our opinion that, as it stands, the Local Plan should not be found sound as it is not justified and there is insufficient evidence to support it. 1.6. This hearing statement outlines how the proposed Local Plan is not compliant with the National Planning Policy Framework (NPPF), specifically where is relates to Green Belt Policy within the Borough. Diocese of Rochester August 2020 1 West Malling Abbey Tonbridge and Malling Borough Council EIP – Matter 3 2. Response to Inspectors Questions 2.1. Savills, on behalf of the Diocese, has informed the Programme Officer, of their intentions to participate at the hearing sessions relating to Matter 3. Matter 3 – The Metropolitan Green Belt (Policy LP3) Issue: Whether the Local Plan has been positively prepared and whether it is justified, effective and consistent with national planning policy in relation to the overall approach to the Green Belt. Q1. What is the basis of the Green Belt Review and how have the conclusions informed the Local Plan? What methodology has been applied and is it soundly based? 2.2. The Green Belt Review has not been founded on a sound basis and there are distinct flaws in the methodology used. As such, it is considered that the conclusions used to inform the Local Plan are not appropriate, reasonable or justified. 2.3. The Green Belt Review (Part One) sought to consider how the Urban Areas, Rural Service Areas and other settlements within or adjacent to the Green Belt achieve the purposes of the Green Belt (Appendix E). This methodology is justified when assessing the extent to which existing Green Belt land fulfils the five purposes of the Green Belt as set out in the NPPF. However, it is not appropriate when considering additional land to allocate within the Green Belt as it assesses the performance of each parcel against the Green Belt purposes. 2.4. As such, scoring well against the purposes of the Green Belt cannot be used to justify the inclusion of new land as part of the Green Belt. As such, Part One of the Green Belt Review cannot be used to establish whether non-Green Belt land warrants inclusion within the Green Belt. 2.5. Significantly, the Green Belt Review (Stage Two) does not provide further rational on the inclusion of additional Green Belt, or demonstrate exceptional circumstances for the extension of the Green Belt Designation. This review is therefore inadequate as it merely reiterates the findings of the Green Belt Review (Part One), where the area was assessed against the five purposes (Appendix F). Diocese of Rochester August 2020 2 West Malling Abbey Tonbridge and Malling Borough Council EIP – Matter 3 2.6. TMBC published the Green Belt Topic Paper in June 2019 to outlines the exceptional circumstances present that warrant the allocation of additional land within the Metropolitan Green Belt. This paper is divided into three chapters, of which Chapter 3 is pertinent to the West Malling Abbey site. As with the above, TMBC has been unable to provide a justification for the inclusion of the Abbey site. 2.7. Notably, Paragraph 83 of the NPPF 2012 pertains to the creation of new Green Belt land. Within this, it states that (emphasis added): 2.8. “Once established, Green Belt boundaries should only be altered in exceptional circumstances, through the preparation or review of the Local Plan. At that time, authorities should consider the Belt boundaries having regard to their intended permanence in the long term, so that they should be capable of enduring beyond the plan period.’ 2.9. TMBC has not demonstrated the exceptional circumstances required by Paragraph 82 of the NPPF. In relation to the Abbey site, the following should be noted: There have been no major changes that warrant the adoption of this exceptional measure. As outlined in the Green Belt Topic Paper, TMBC have decided to extend the Green Belt in this area to ‘create a legible boundary.’ This justification is insufficient and does not warrant the additional administrative burden it places on the Diocese and adjoining landowners; TMBC has not demonstrated the necessity for the Green Belt extension in West Malling. The Abbey is already heavily-constrained in terms of its various planning designations, including: Historic Park and Garden; Scheduled Ancient Monument; and, a number of listed buildings. As such, it is evident that normal planning and development management policies are sufficient to manage development on the Abbey site; 2.10. For the Plan to be found sound, TMBC should reconsider Green Belt allocations on a site by site basis, clearly demonstrating the exceptional circumstances that justify the Green Belt extension and omitting those areas that do not warrant a Green Belt designation. Diocese of Rochester August 2020 3 West Malling Abbey Tonbridge and Malling Borough Council EIP – Matter 3 Q2. Does it reflect the fundamental aim of Green Belts, being to prevent urban sprawl by keeping land permanently open? 2.11. No. 2.12. Paragraph 79 of the NPPF clearly states that the fundamental aim of the Green Belt is to prevent urban sprawl by keeping land permanently open. The TMBC Green Belt review does not reflect the fundamental aim of Green Belt, as the expansion of the Green Belt in West Malling is not required to prevent urban sprawl by keeping land permanently open. 2.13. In the previous representations to the Regulation 19 version of the Local Plan we set out why the Abbey site does not uphold the fundamental aims and essential characteristics of the Green Belt. Notably: The land is not open in nature and it is not necessary for it to be kept as such. The Abbey site has a much closer relationship with the urban settlement of West Malling, because of its historic association with the settlement and its more urban character (e.g. buildings, allotments, structures, boundary walls, etc.). The Abbey site has clearly defined boundaries that relate to nearby roads (Lavenders Road, Water Lane and Swan Street). The northern, southern and western boundaries abut the urban area of West Malling, giving the Abbey site a more urban context and character. There are a number of development management policies in place across this area to restrict and control development, including countryside policies, conservation area policies, designated heritage assets and open space designations. As such, there is no need for the Green Belt allocation to prevent urban sprawl in this location. 2.14. In accordance within the above, we consider that the inclusion of the Abbey site within the Green Belt extension will ultimately undermine the great importance attached to this designation. On these grounds, the Green Belt Review does not reflect the fundamental aims of the Green Belt and cannot be found sound. Diocese of Rochester August 2020 4 West Malling Abbey Tonbridge and Malling Borough Council EIP – Matter 3 Q3. Does it reflect the essential characteristics of Green Belts, being their openness and their permanence? 2.15. No. 2.16. As outlined above, the land is not open in nature and the inclusion of the Abbey site within the Green Belt will challenge the essential characteristics of it. 2.17. It is notable that, to the best of the knowledge of the Diocese, planning policy officers have not visited the Abbey site as part of their Local Plan preparation work to analyse it (e.g. assess the extent to which the site is open, etc.). 2.18. This demonstrates that the Green Belt study does not reflect the essential characteristics of the Green Belt and the designation of the Abbey site would fundamentally undermine the essential characteristics of it.