Agenda item

River

Outline application with some matters reserved (appearance, landscaping, layout and scale) for the redevelopment of the former Kitchener Barracks for residential purposes (Class C3) including the change of use of the partly retained Khartoum Building together with associated works.

Discussion:

The Planning Manager – Major Projects outlined the planning application in detail and advised the Committee that should it be minded to approve the application, it was proposed that recommendations A and B ii) be amended as set out in the supplementary agenda advice sheet. He also drew attention to a suggested amendment to proposed condition 4, two new conditions relating to ecology which would be numbered 38 and 39 which, if approved would then require proposed conditions 38 – 41 to be renumbered 40 – 43. Details of these amendments were also set out on the supplementary agenda advice sheet.

The Committee was advised that since despatch of the agenda, Historic England had submitted further comments upon information regarding tunnels that had been submitted by the applicant and a summary of the comments from Historic England were set out on the supplementary agenda advice sheet.

It was also reported that the word ‘comprise’ in the first sentence of the final paragraph on page 83 of the agenda papers required amendment to read ‘compromise’.

The Planning Manager – Major Projects referred in particular to that element of the proposed Section 106 agreement relating to provision of 15% affordable housing. He explained that in November 2014, the Government had introduced a change to the way in which affordable housing was to be calculated for vacant properties and he advised that using this new method of calculation there was a requirement for 15% affordable housing to be available within this proposed development.

Members expressed concern that they were being requested to determine a planning application whereby the required level of affordable housing had been based on a new method of calculation without Members having had a briefing or training on this matter. This was of particular concern as the outcome resulted in this proposed new development having a level of affordable housing provision which was below the agreed level in Medway of 25%. In response, the Head of Planning explained that following receipt of the information from the Communities for Local Government (CLG) in November, local planning authorities across the Country had sought clarification from the CLG and the information requested had only very recently been received. He confirmed that specific training on this issue would be incorporated within Member’s Planning Induction following the Local Elections.

Discussion ensued as to whether the application should be deferred to enable Officers to investigate whether it was possible to calculate the level of affordable housing based on the existing footprint of the application site, but on being put to the vote, a deferral of this planning application and those relating to MC/15/0081/ MC15/0094 and MC/15/0082  for the same site was not supported.

A Member requested should the application be approved, permitted development rights be removed.

Decision:

Approved subject to:

a)            Further survey work being undertaken if necessary, and then if deemed acceptable, delegated authority be granted to the Head of Planning to approve subject to conditions and the Section 106 agreement.

b)            The applicant/owner entering into an agreement under Section 106 of the Town and Country Planning Act to secure:

i)          Provision of 15% affordable housing on site

ii)         Contribution of £450,000 towards education and the provision of school places at St Mary’s Island School.

iii)        Contribution towards healthcare improvements to GP surgeries within 1 mile of the site of £191 per person.

iv)        Contribution towards Marlborough Road Community Centre of £55.80 per person.

v)         Contribution towards the Great Lines Heritage Park and specifically improving connectivity between Brompton and Fort Amherst (Spur Battery) of £102 per person.

vi)        Contribution towards Fort Amherst of £30,000

vii)       Contribution towards waste and recycling of £155.44 per dwelling.

viii)      Contribution towards the public realm improvements between the site and Chatham Town Centre, specifically in the area around the Brook Theatre of £100 per person.

c)            The imposition of conditions 1 – 3, 5 – 37 as set out in the report for the reasons stated in the report, new conditions 38 and 39 as set out below with existing proposed conditions 38 – 41 being approved but re-numbered 40 – 43 and a new condition 44 relating to removal of permitted development rights with delegated authority being granted to the Head of Planning to make minor amendments to the wording of the conditions if considered desirable before the issuing of the permission

4.         Approved Plans

The development hereby permitted shall be carried out in accordance with the following approved plans:

0061_GA_13 Rev B received on 12 January 2015; 0061_GA-42 Rev B received on 28 January 2015; 0061_GA_14 Rev D as received 11 March 2015.

Reason: For the avoidance of doubt and in the interests of proper planning.

38.       Any application for the approval of reserved matters pursuant to condition 2 of the development hereby approved shall include a detailed design of the foundation of all new buildings and a detailed design of any services to be installed within the site. The development shall be carried out in accordance with the approved plans and retained thereafter.

Reason: Required before commencement of development to avoid any irreversible detrimental impact on archaeological interest and in accordance with Policy BNE21 of the Medway Local Plan 2003.

39.       Prior to any works taking place to any of the tunnels on site a scheme of such works shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details and retained thereafter.

Reason: Required before commencement of development to avoid any irreversible detrimental impact on archaeological interest and in accordance with Policy BNE21 of the Medway Local Plan 2003.

44.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking and re-enacting that Order with or without modification) no development shall be carried out within Classes A - E and H of Part 1 and Classes A - C of Part 16 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto.

Reason:  To enable the Local Planning Authority to control such development in the interests of amenity, in accordance with Policies BNE1 and BNE2 of the Medway Local Plan 2003.

Note: In accordance with Rule 12.6 of Chapter 4 of the Council’s Constitution, Councillors Bowler, Griffiths, Hubbard, Gilry and Christine Godwin requested that it be noted that they abstained from voting on this planning application.