Agenda item

Hybrid planning application seeking outline permission for the erection of up to 1,400 no. dwellings including a primary school and nursery (D1 use), up to 1,200sqm of commercial floorspace (A1/A2/A3/A4/B1/D1 and D2 uses) together with a pedestrian footbridge, parking, open space and landscaping. Full permission for phase 1, 2 and 3 of the development consisting of the erection of 489 no. dwellings (of the 1,400 no. total), the provision of a hotel (use Class C1), 885sqm of commercial floorspace (A1/A2/A3/A4/B1/D1 and D2 uses) along with site access/spine road, parking, open space and landscaping. 

Discussion:

 

The Planning Consultant outlined the planning application in detail and advised the Committee that as Medway Council was part owner of the site it was not possible for the Council to enter into a Section 106 Agreement with itself. However, there was a Development Agreement (DA) in place which provided that prior to the transfer of the Site to Countryside Properties (UK) Ltd & The Hyde Group, a satisfactory planning permission needed to have been granted. The Committee was advised of two possible solutions involving the completion of a Section 111 agreement under the Local Government Act 1972 and the use of a negatively worded (Grampian) condition requiring entry into a Section 106 Agreement binding the part of the site to be developed prior to commencement of the development on that part of the site. It was proposed that should the application be approved, both methods be used to ensure that a legal Section 106 Agreement could be attached to the permission.

 

During the presentation and, referring to the supplementary agenda advice sheet, it was also suggested that:

 

·         Two new heads of agreement numbered xiii) and xiv) be approved (xiv related to an amendment to existing vi)

·         The proposed Section 106 agreement also include provision of a Car Club

·         Conditions 20 – 22 be renumbered 19 – 21

·         Proposed condition 22 (now re-numbered 21) be amended

·         New conditions 22 and 23 be approved

·         Conditions 23 – 58 be renumbered 24 – 61

·         New conditions 24 and 25 be approved

·         Proposed condition 30 (now re-numbered 33) be approved

·         Proposed condition 39 (now re-numbered 42) be approved

·         Proposed condition 58 (now re-numbered 61) be approved

 

In addition, the Planning Consultant drew attention to changes to the planning appraisal section of the report relating to the following, details of which were set out on the supplementary agenda advice sheet:

 

·         Hotel

·         Affordable Housing

·         Transport

-       Trip Generation and Trip Distribution

-       Traffic Impact and Mitigation

-       Access

-       Parking

-       Travel Plan

 

In addition, he suggested that if the Committee was minded to approve the application, the Head of Planning be granted delegated authority to make minor amendments to the conditions as considered appropriate.

 

The Committee discussed the report in detail and the following issues were raised:

 

·         Disappointment that the proposed development does not include any consideration of use of the river as a connection for transport or leisure.

·         A suggestion that the £655,000 for local community facilities should be used for community facilities/assets in Rochester so as to be for the benefit of residents of the proposed development.

·         Concern as to the loss of the existing coach park and the requirement for alternative provision to be secured.

·         The proposed link from the development to the Esplanade.

·         Reference to the ‘Minor Illness Centre’ required amendment to ‘Healthy Living Centre’.

·         Provision of cycle storage facilities should be for individual bicycles as opposed to communal cycle storage.

·         Further consideration should be given to the location of the proposed school as the current location is considered to be too close to the railway line which could result in noise disturbance and pollution for children attending the school.

·         Hope there is room within the school site to allow for an extension for it to become a two form of entry school.

·         Concern that the presentation did not include reference to the proposed footbridge and therefore clarification was requested that a footbridge would be included as part of the development.

·         Concern that the proposed development only included provision for 91% parking which fell below the Council’s parking standards and that ideally this should be increased to 100%.

·         The possible continuation of an available river walkway.

·         Affordable housing should ideally be targeted for the elderly as the site is well connected and this could free up family homes elsewhere.

 

The Planning Manager advised the Committee that in the light of the concerns raised regarding the provision of a replacement coach park, it was possible for the Committee to agree an additional condition stating that the current coach park not be closed until alternative provision has been secured.

 

In addition, she drew attention to proposed condition 37 (as numbered within the printed committee report) which addressed the committee’s concern regarding the link from the proposed development to The Esplanade. In addition, it was confirmed that the proposed footbridge was included with the details of the planning application.

 

The Committee noted that this was a hybrid planning application and therefore many of the points raised throughout the discussion could be addressed before the later phases of the development were submitted for approval.

 

Decision: 

 

Approved subject to

 

a)    The applicant entering into a Section 111 agreement under the Local Government Act 1972 and a Section 106 agreement under the Town and Country Planning Act 1990 (as amended) in order to secure the following:

 

 i)  The provision of 25% affordable housing over the entire site (including  development already undertaken).

 

ii) A contribution of £4,500,000 towards future maintenance of the River  Wall.

 

iii) A contribution towards controlled parking zones of £55,486.

 

iv) A Primary and Nursery School to be constructed on site for use/occupation by 2021 (cost not to exceed £4,563,769).

 

v) A contribution towards Secondary Education of £2,076,256.

 

vi) A contribution towards sixth form Education of £709,461.

 

vii) A contribution towards improvements to off site open space of £2,020,133.

 

viii) A contribution towards improvements to local health facilities of £655,130.

 

ix) A contribution towards local communityfacilities of £655,000 with such expenditure to be within Rochester so as to be for the benefit of residents of the development.

 

x) A contribution towards improvements to waste services of £214,592.

 

xi) A contribution towards bird mitigation of £313,012.

 

xii) Applicant to provide employment opportunities for local residents and apprentices.

 

xiii) Contribution towards the identified highway network improvements and Controlled Parking Zone is to be determined.

 

xiv) The applicant be required to include provision of a Car Club.

 

b)       Conditions 1 – 18 as set out in the report for the reasons stated in the report and the remaining conditions amended, replaced and renumbered as set out on the supplementary agenda advice sheet as follows:

 

Conditions 20 – 22 subject to being re-numbered 19 – 21

 

Proposed condition 22 (now renumbered 21) amended to read as follows:

 

21. The noise mitigation measures relating to Phases 1 – 3 described in the Chapter 7 of Environmental Statement dated June 2017 shall be completed before any part of the development is occupied and shall thereafter be maintained in accordance with the approved details.

 

Reason To safeguard conditions of amenity in accordance with Policy BNE1 of the Medway Local Plan 2003.

 

New condition 22 as follows:

 

22.Prior to above ground works details of measures to manage pedestrian movements at the Gas House Lane/Corporation Street Junction shall be submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in accordance with the approved details prior to first occupation.

 

Reason: To provide a suitable means of pedestrian and cycle access in the interest of highway safety in accordance with Policies T3 and T4 of the Medway Local Plan 2003.

 

Newcondition 23 as follows:

 

23.Prior to above ground works details of a bus shelter for the north bound stop, opposite the railway station on Corporation Street Junction shall be submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in accordance with the approved details prior to first occupation.

 

Reason: To accord with Policy T14 of the Medway Local Plan 2003.      

            Proposed conditions 23 – 58 subject to being renumbered 26 – 61

 

            NewCondition 24 as follows:

 

24.No works permitted by this planning permission shall be carried out on any Phase of the Site as approved, as shown on approved Plan No. CPL-ROC_HTA-A_DR-XX-0009 (save for surveying, testing, sampling, soil tests, ground investigations, pegging out, tree protection, archaeological investigations, works of demolition, works of remediation and decontamination, site clearance, construction of temporary hoardings and boundary fences, construction of temporary haul roads, works to secure access to the Site and the existing Cory’s Road multi-storey car park, the provision of temporary services to the Site, drainage and sewerage works, laying of services and service diversions and the erection of contractors’ compounds) unless and until all parties with any legal or equitable interest (including but not limited to all freehold and leasehold owners and mortgagees and charges) in any part of that Phase have entered into an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in a form approved by the Council and consistent with the terms approved by the Council’s Planning Committee on 25 October 2017 with the effect that the land in that Phase is bound by the obligations contained in that agreement.

 

Reason: Paragraph 010 of the National Planning Policy Guidance advises that a negatively worded condition limiting the development that can take place until a planning obligation has been entered into can be used in exceptional circumstances.  The Council is satisfied that because it owns a substantial part of the application site and because there are legal difficulties that arise when a local planning authority seeks to enter into a Section 106 Agreement which purports to bind land which it owns it is reasonable and necessary to impose this condition.

 

Newcondition 25 as follows:

 

25.Prior to commencement of above ground works, a phasing plan shall be submitted and approved in writing by the Local Planning Authority.

 

The Phasing Plan shall:

 

a.    Define the extent of the area of each phase by reference to and in accordance with the phases shown on plan CPL-ROC_HTA-A_DR-XX-0009;

 

b.    Specify the order and timing of the proposed phases [which shall be sequentially starting with Phase 1].

 

c.    Include in relation to the phases for which reserved matters approval is being sought and phases where reserved matters have already been approved:

 

                                    i.        Details of the number and mix of residential units (including affordable housing and self-build plots) to be accommodated;

                                  ii.        Details of the order and timing of public realm, infrastructure works, highway works and pedestrian and cycle works; and

                                 iii.        Details of the quantum and type of open space and outdoor sports facilities to be provided in each phase and a timetable for its provision for use by the public.

 

The Phasing Plan shall also include indicative details for phases where reserved matters have not yet been approved.

 

An updated Phasing Plan shall be submitted to and approved in writing by the Local Planning Authority in advance of each reserved matters application.

 

The Development hereby permitted shall at all times be carried out in full accordance with the approved phasing plan [and prior to the approval of a phasing plan must be carried out sequentially by reference to and in accordance with the phases shown on plan CPL-ROC_HTA-A_DR-XX-0009  starting with Phase 1].

 

Reason: To ensure that the development is comprehensively designed and phased.

           

Proposed condition 30 (now renumbered 33) being amended as follows:

 

33.       No deliveries, refuse collection and/or any other commercial servicing activity shall be undertaken, except for the delivery of newspapers, between the hours of:

·         23:30 and 06:00 Monday to Saturday and 18:00 and 08:00 Sundays and Public Holidays for all other non-residential buildings; and

·         Prior to 06:00 on any day for any buildings.

 

Reason: To protect the amenity of nearby residential properties in accordance with Saved Policy BNE2 of the Medway Local Plan 2003.

Proposedcondition 39 (now renumbered 42) being amended as follows:

 

42.      Measures and initiatives to promote sustainable travel to future residents of the development, including the provision of a car club, shall be implemented and monitored in accordance with the details set out in the approved Travel Plan dated June 2017. Prior to the final occupation within each phase a Travel Plan Monitoring Report shall be submitted and approved in writing by the Local Planning Authority in consultation with the Highways Authority.

 

Reason: To accord with Policy T14 of the Medway Local Plan 2003.

 

Proposedcondition 58 (now renumbered 61) being amended as follows:

 

61.  Prior to above ground works in any phase or sub phase of the development hereby permitted an acoustic assessment shall be submitted to and approved in writing by the Local Planning Authority for that phase or sub phase, which assesses industrial, commercial and transport noise in accordance with BS4142:1997. Where specific noise levels L(A) eq, T is greater than 5dB(A) than the background level L(A)90, detail mitigation measures shall be submitted to and approved in writing by the Local Planning Authority to reduce the noise to below those levels. The development shall be carried out in accordance with the details and retained thereafter.

 

Reason: To safeguard conditions of amenity in accordance with Policy BNE3 of the Medway Local Plan 2003

 

c)    Additional conditions be approved to reflect the following points raised by the Committee during discussion on this planning application:

 

·         An additional condition stating that the current coach park not be closed until alternative provision has been secured.

·         Reference to the ‘Minor Illness Centre’  in the report being amended to ‘Healthy Living Centre’.

·         Provision of cycle storage facilities be by way of individual storage as opposed to communal cycle storage with such facilities to be agreed with the Local Planning Authority.

 

d)    Officers undertake further negotiations with the applicant on the location of the proposed school as the current proposed location is considered to be too close to the railway line which could result in noise disturbance and pollution for the school children attending the school.

e)    The applicant be advised that the Committee would prefer the proposed school to be a 2 form of entry as opposed to one form of entry.

f)     It be noted that a footbridge has been included as part of the development.

g)    Affordable housing should ideally be targeted for the elderly as the site is well connected and this could free up family homes elsewhere.

h)   The applicant be advised that the Committee would like to see provision of 100% parking provision within the development.

i)     The Head of Planning be granted delegated authority to make minor amendments to the proposed conditions to reflect the Committee’s wishes in consultation with the Chairman, Vice Chairman and Opposition Spokespersons.

j)      A copy of the full set of revised conditions be supplied to all Members of the Committee.