Decision details

Discussion:

The Senior Planner outlined the planning application and advised the Committee that this application had been considered by the Committee at its meeting on 29 June 2016 following which consideration had been deferred for clarity over highways land and ownership issues.

He referred to the additional information included on the supplementary agenda advice sheet which set out the outcome of investigations regarding the highway land. In addition, he drew attention to a map circulated at the meeting.

The Planning and Licensing Lawyer advised the Committee that the circulated plan showed the original highway. She confirmed that the erection of fence panels on this section of land did not affect the ownership of the land and the top surface was therefore available for highway.

The Senior Planner also drew attention to a further representation received which had been appended to the supplementary agenda advice sheet.

The Committee discussed the application in detail noting the clarification outlined in the supplementary agenda advice sheet as to the land ownership in Berengrave Lane.

Arising from discussions, it was suggested that if the Committee was minded to approve the application, a raised table be placed at the entrance/exit to the site so as to slow traffic.

Reference was also made to the proposed Section 106 contributions and in particular the proposed contribution to improvements at Beechings Way Playing Field. Whilst it was considered that this particular playing field was in close proximity to the application site, it was considered appropriate that the proposed contribution of £36,262.59 should be split 50/50 between Beechings Way Playing Field and another recreational site in Rainham e.g. Rainham Recreation Ground, in consultation with Ward Councillors.

In response to another Member’s question, the Principal Transport Planner confirmed that the plan displayed at the meeting showing the swept path analysis for entry into and exit from the application site did not encroach onto anyone’s land. He also confirmed that all sight lines from the junction were on highway land.

In response to a Member’s question, the Planning and Licensing Lawyer advised the Committee that the Council had responded to a letter from the Solicitor acting on behalf of adjoining land owners and she would ensure that a copy was supplied to Members of the Committee.

The Head of Planning advised the Committee that should it be minded to approve the application, it was possible for the Committee to include a condition requiring traffic calming measures to be put in place at the entrance to the site and for the proposed Section 106 contribution for playing field improvements to be split 50/50 on two different sites as discussed.

Decision:

Approved subject to:

A)           The applicant entering an agreement under Section 106 of the Town and Country Planning Act to secure:

1)    A contribution of £10,982.40 towards nursery school provision in the locality.

2)    A contribution of £26,956.80 towards primary school facilities in the locality.

3)    A contribution of £34,444.80 towards secondary school facilities in the locality.

4)    A contribution of £36,262.59 to be split 50/50 towards improvements at Beechings Way playing field and a playing field or recreation ground in Rainham, with the exact location being agreed by the Head of Planning in consultation with Ward Councillors.

5)    A contribution of £3,185 towards public realm improvements in Rainham Town Centre.

6)    A contribution of £1,624.35 towards repair of light fittings at Royal Naval War Memorial, Great Lines Heritage Park.

7)    A contribution of £2,906.54 towards bird mitigation measures

B)        Conditions 1 - 22 as set out in the report for the reasons stated in the report and an additional condition 23 as set out below:

23        Prior to first occupation of the development, a speed restraint measure at the entrance to the site, in the approximate position of that indicated on drawing number 1100 P03, shall be provided in accordance with details that have been submitted to and approved in writing by the Local Planning Authority and shall be retained thereafter.

Reason: In the interests of highway safety in accordance with Policy T2 of the Medway Local Plan 2003.