Agenda item

Lordswood and Capstone

Outline application with some matters reserved (appearance, landscaping, layout, scale) for construction of up to 450 market and affordable dwellings with associated access, estate roads and residential open space (Renewal of Planning Permission MC/14/2395).

Discussion:

The Head of Planning outlined the planning application in detail and reminded the Committee that an application for 450 dwellings at this site had been considered by the Planning Committee on 16 December 2015 and, at that time the Committee had determined that the application be refused. However, the applicant had appealed this decision and, following a Public Inquiry, the decision of the Committee had been overturned by the Secretary of State on 6 March 2017 following a recommendation by the Planning Inspector. Details of the reasons for the Secretary of State’s decision to allow the appeal and grant planning permission was set out within the report.

The Head of Planning informed the Committee that upon receipt of the appeal decision, Officers had met with Counsel to assess the potential of judicially reviewing the appeal decision but it had been decided that there were no grounds on which the decision could be challenged. The advice of a second Counsel had supported this view.

The Committee was advised that the current application related to means of access with details relating to appearance, landscape, layout and scale all being reserved for future consideration.

The Head of Planning therefore advised the Committee that in the light of the above, in his opinion, there were no planning grounds upon which the Committee could refuse this planning application. To refuse the current planning application would likely result in a further appeal and a public inquiry and should the Council lose again, it would be required to pay significant costs. In the meantime, the applicants could progress a reserved matters planning application based on the planning permission held under MC/14/2395.

With the agreement of the Committee, Councillors Jarrett and Wildey, who had submitted a further letter of objection, details of which were set out on the supplementary agenda advice sheet, spoke on this planning application as Ward Councillors and expressed the following concerns:

·         Should the application be approved, the proposed Section 106 funding for the Great Lines Heritage Park should be redirected to Capstone Farm Country Park.

·         The proposed development will cause harm to the vista from Hempstead to Lordswood and will destroy an area of locally valued landscape.

·         The development will be harmful to the health and well-being of residents living in the area.

·         There is no Section 106 contribution towards the highway network to take account of the impact that the development will have upon the highway network.

·         The buffer zone of 15m is inadequate taking into account that the buffer zone recommended at Lodge Hill had been 200m.

·         The applicant does not have access to the land.

·         The application is premature in advance of consideration of consultation on the Medway Local Plan.

·         Recent rainfall has adversely affected verges in Ham Lane which would be a road providing emergency access to and from the application site. In addition, this road frequently has abandoned vehicles in it and fallen trees across it and this would hamper emergency vehicles getting to and from the application site.

·         To develop fields will result in flooding.

·         Capstone valley is essential as a green space and for air quality.

The Committee discussed the planning application in detail noting the concerns expressed by Ward Councillors.

The Committee was mindful of its previous decision to refuse this planning application but that this decision had been overturned at appeal by both a Planning Inspector and the Secretary of State. Therefore, although the Committee remained unsupportive of development of this site, it considered that it had no alternative but to approve the application based on the fact that the principle had already been established through the appeal process.

The Head of Planning referred to the width of the proposed buffer zone and explained that at Lodge Hill, the 200m buffer zone had been recommended in recognition of the need to protect ground nesting birds from cats. However, this did not apply in the case of this particular application and therefore the Planning Inspector had set a 15m buffer zone.

In response to the request by Ward Councillors for the funding towards Great Lines Heritage Park to be re-directed towards Capstone Farm Country Park, the Head of Planning advised that if this was supported by the Committee as the applicants had already agreed this funding, he was of the opinion that they would not object to a change to the site which would benefit from the contribution.

Decision:

Approved subject to

a)         The applicants entering into agreement under Section 106 of the Town and Country Planning Act to ensure:

i.              a minimum of 25% affordable housing equating to 112 dwellings.

ii.         £411,840.00 towards Nursery provision

iii.        £1,010,880.00 towards primary education

iv.        £1,022,580.00 towards secondary education

v.         £269,100.00 towards Sixth Form

vi.        £73,514.08 toward waste and recycling

vii.       £305,760.04 towards Open space (sports, allotment and park improvement)

viii.      £56,227.5 towards the Capstone Farm Country Park (£51 per person – 2.45 persons per home on average)

ix.        £35,653.00 towards improvement and new wearing course for PROW R24, RC25 and RC29

x.         £212,133.32 towards public transport (measures to improve evening service, Sunday service and diversion).

xi.        £221,312.60 toward the improvement of local doctor surgeries.

xii.       £108,374.50 (£239.61 per dwelling plus £550 monitoring costs toward Habitats Regulations (mitigation against Wintering Birds)

xiii       £64,655.88 towards community facilities.

b)         Conditions1 -30 as set out in the report for the reasons stated in the report.