Agenda item

Hempstead and Wigmore

Outline application with some matters reserved (appearance, landscaping, layout and scale) for a residential development of up to 44 dwellings with associated garaging, access, landscaping and open space.

Discussion:

The Senior Planner outlined the planning application in detail and referring to the supplementary agenda advice sheet suggested that if the Committee was minded to approve the application, section 9 of the proposed Section 106 heads of agreement be amended, conditions 10 and 11 be amended and new conditions 17 – 20 be approved as set out below:

Section 106 head of agreement:

9.         A contribution of £28,000 towards the initial capital costs and £21,600 towards ongoing management cost necessary to mitigate the impact of the development on the Darland Banks Site of Nature Conservation Interest and Local Nature Reserve;

Conditions:

10.       The details submitted in pursuance of Condition 1 shall show land reserved for parking or garaging in accordance with the adopted County Parking Standards.  None of the buildings shall be occupied until this area has been provided, surfaced and drained in accordance with the approved details.  Thereafter no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking and re-enacting that Order) shall be carried out on the land so shown or in such a position as to preclude vehicular access to the reserved vehicle parking area.

11.       In accordance with the recommendations contained in British Standard 5837:2012 Trees in relation to design, demolition and construction - Recommendations or any revision thereof the plans and particulars submitted pursuant to Condition 1 above shall include:

a)         A tree constraints plan showing root protection areas and any other relevant constraints plotted around each of the category A, B and C trees overlaid onto the proposed site layout plan.

b)         Existing and proposed finished site levels and cross-sectional details on a scaled plan with retained trees and root protection areas overlaid.

c)         An arboricultural impact assessment that evaluates the direct and indirect effects of the proposed design, including during construction in terms of access, adequate working space and provision for storage of materials; and where necessary recommends mitigation.

d)         Arboricultural method statements for the implementation of any aspect of development that is within the root protection area, or has the potential to result in loss of or damage to a tree to be retained. Particular attention should be given to:

i.          Removal of existing structures and hard surfacing;

ii.         installation of temporary ground protection;

iii.        excavations and the requirement for specialized trenchless techniques;

iv.        specialist foundations or other engineering within root protection areas of retained trees, including details of installation techniques and effect on finished floor levels and overall height;

v.         retaining structures to facilitate changes in ground levels; and

vi.        preparatory works for new landscaping.

e)         A schedule of work to trees which is directly necessary to provide access for operations on site, including pruning to facilitate access.

The development shall be carried out in accordance with the approved details before any equipment, machinery or materials are brought on to the site and any mitigation measures shall be maintained until all equipment, machinery and surplus materials have been removed from the site.

Reason:  To avoid any irreversible damage to retained trees pursuant to section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality, in accordance with Policies BNE1 and BNE6 of the Medway Local Plan 2003.

17.       No development shall take place (including any ground works, site or vegetation clearance) until a method statement for ecological mitigation (including provision for reptiles, nesting birds, dormice and bats) has been submitted to and approved in writing by the local planning authority. The content of the method statement shall include the:

a) Purpose and objectives for the proposed works:

b) Detailed design(s) and/or working method(s) necessary to achieve stated objectives;

c) Extent and location of proposed works, including the location of the ecological buffer zone around the periphery of the site;

d) Timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction;

e) Persons responsible for implementing the works, including times during construction when specialist ecologists need to be present on site to undertake / oversee works;

f) Use of protective fences, exclusion barriers and warning signs;

g) Initial aftercare and long-term maintenance (where relevant);

The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.

18.       Before the commencement of development (including any ground works, site or vegetation clearance), a bat activity survey shall be carried out with full details of appropriate bat mitigation measures and shall be submitted to and approved in writing by the Local Planning Authority. The approved strategy shall be implemented in full accordance with the details so approved.

19.       No development shall take place until a “lighting design strategy for biodiversity” for the site boundaries has been submitted to and approved in writing by the local planning authority. The lighting strategy shall:

a) Identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory;

b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory.

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy.

20.       Prior to commencement of development hereby approved, details of how the development will enhance the quality and quantity of biodiversity as outlined in Section 4.3 of the submitted Extended Phase 1 Habitat Survey (Corylus Ecology, April 2016) has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with those approved details and thereafter retained.

In addition, he drew attention to representations received since despatch of the agenda from Kent County Council’s Biodiversity Officer, Kent Wildlife Trust and from the applicant and additional information on Section 106 matters details of which were set out on the supplementary agenda advice sheet.

With the agreement of the Committee, Councillor Rodney Chambers OBE spoke on this planning application as Ward Councillor and outlined concerns on behalf of local residents that this application should be refused to protect the local landscape and the adjoining nature reserve. He referred to the topography of the site and the access and egress to the proposed development from Pear Tree Lane. This road currently had a 50mph speed limit. He also referred to the existing roundabouts in Capstone Road and Ash Tree Lane and questioned their capacity to cope with the additional traffic that would be generated by the development.

The Committee discussed the application in detail noting the concerns of the local Ward Councillor.

A Member referred to the type of housing to be provided at this site and that element of the proposed Section 106 agreement to provide funding for affordable housing off site in lieu of providing affordable units within the development. He expressed the view that the level of funding being requested did not adequately reflect the true cost of acquiring land and building affordable housing and referred to the likely value of the houses which were proposed to be developed at the application site. He suggested that there was merit in investigating this further.

It was suggested that if the Committee was minded to defer consideration for a fuller investigation of the Section 106 funding for affordable housing, investigations could also be made as to the possibility of strengthening the landscape treatment to the east of the site and whether the Section 106 contributions should also include funding for highway works to mitigate the issue of the speed of traffic and the lack of footpaths along Pear Tree Lane.

Decision:

Consideration of this application be deferred to enable further discussions on the following:

a)            The level of Section 106 funding proposed for provision of affordable housing off site having regard to an independent assessment.

b)            The possibility of strengthening the landscape treatment to the east of the site.

c)            The possible inclusion of Section 106 funding for highway improvements having regard to the 50mph speed limit in Pear Tree Lane and the lack of footpaths.