Agenda item

Planning application - MC/18/1796 - Land South of Lower Rainham Road, Rainham, Gillingham

Rainham North


Outline planning application (all matters reserved except access) for the development of up to 202 residential dwellings (Use Class C3), open space, landscaping (including Sustainable Urban Drainage), access, up to 455 car parking spaces and associated works.




The Head of Planning outlined the planning application and in drawing attention to the supplementary agenda advice sheet suggested that if the Committee was minded to approve the application, proposed condition 4 be amended to take account of a revised plan, and proposed condition 21 (air quality) be replaced, details of which were set out on the supplementary agenda advice sheet.


In addition, he drew attention to the representatives section of the report and informed the Committee that as this application had originally been submitted in 2018, it was possible that the Ward Councillors who had commented for Swale Borough Council in 2018 may no longer hold such positions.


He informed the Committee that Councillors Potter and Carr as Ward Councillors had submitted representations and, as they had been unable to attend this virtual meeting, the Head of Planning read out their comments summarised as follows:


  • The application is an overdevelopment of the area and will exacerbate existing highway congestion and will negatively impact the local community with the increased traffic congestion affecting air quality and the subsequent health of local residents.
  • Flooding and sewage capacity
  • The allocation of Section 106 contributions


In response to the Ward Councillors’ comments as to the impact that the development would have on air quality, the Head of Planning advised the Committee that subject to the implementation of an air quality management plan that would be secured by the proposed conditions, this application was considered acceptable.


In addition, he advised that the traffic volume generated by this application had already been taken into account when assessing other schemes in the vicinity of this particular application site. This was supported by the Principal Transport Planner who advised that when a transport modelling assessment had been undertaken, account had been taken of the potential impact of this proposed development.


The Committee discussed the planning application having regard to the concerns expressed by the Ward Councillors and the number of developments coming forward for this part of Medway prior to the approval of the new Local Plan.


In response, the Head of Planning reminded the Committee that the Council was currently working to produce a new Local Plan but in the meantime, the Government had provided the Council with a housing target requirement. He stressed that this application had been outstanding since 2018 and a consequence of continued deferral would be the potential loss of other more sensitive sites through appeal. He referred to other developments in the vicinity of the application site which had already been successful via the planning appeal process and advised that this section of land had limited landscape quality and, if refused, it was likely that it would go to appeal and the Council could lose with costs.


The Committee expressed concern as to the number of applications coming forward for development in Rainham but reluctantly noted that the success of planning appeals for other sites was required to be taken into account when determining planning applications.


In considering the application, the concerns of the Ward Councillors regarding the proposed Section 106 was noted and it was suggested that if approved, the allocation of some of the Section 106 funding be undertaken in consultation with the Ward Councillors.




Approved subject to:


a)    A Section 106 Agreement under the terms of the Town and Country Planning Act 1990 being entered into to secure the following developer’s contributions:


i)       25% Affordable Housing on-site: equating to 51 dwellings to comprise 31 units (60%) rented and (20 Units) 40% shared ownership.

ii)      To improve facilities and equipment at Rainham Library - £33,360.30.

iii)     Public Right of Way - improvement GB5 and B6 - £5,232.00.

iv)     Green Space; either to make a full contribution of £502,925.46 

or to provide a multi-use games area (MUGA) on-site and make a reduced contribution of £194,179.62.

v)      Youth provision in Rainham Area - £15,820.64.

vi)    Waste and recycling - £34,110.72.

vii)    Nursery One or more of: Riverside Primary, Thames View

Primary, or Mierscourt Primary - in all cases to expand to 3FE - £271,809.18.

viii)   Primary one or more of: Riverside Primary, Thames View

Primary or Mierscourt Primary - in all cases to expand to 3FE- £667,167.62.

ix)     Secondary One or more of: The Howard, Rainham Girls, Rainham Mark Grammar, or a new free school in the area- in all cases to provide additional classrooms and communal facilities. - £528,619.86.

 x)    To improve sustainable transport infrastructure - £82,640.44.

 xi)    NHS  Thames Ave Surgery - £124,644.10.

 xii)   Bird Disturbance Mitigation - £49,603.12.

xiii)   To provide off-site ecological improvements (at Berengrave Nature   Reserve park) - £192,337.66.


b)    The allocation of elements of the provisions of the proposed Section 106 agreement be the subject of consultation with Ward Councillors.


c)    Conditions 1- 3, 5 – 20 and 22 - 31 as set out in the report for the reasons stated in the report and conditions 4 and 21 replaced as follows:


4.              The development hereby permitted shall be carried out in accordance with the following approved plan:


PS13584-001 Rev H (site Plan), 140421-03, Access point and

sightlines, AC13584-02-22-2H, (Access)


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


21.           No development shall take place until an Air Quality Emissions Mitigation Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall be prepared in accordance with the Medway Air Quality Planning Guidance and shall specify the measures that will be implemented as part of the development to mitigate the air quality impacts identified in the approved Air Quality Assessment, reference REP-AQA-26042018-Lower Rainham Road Rainham-R2, dated 24 April 2018. The total monetary value of the mitigation to be provided shall be calculated in accordance with Medway Air Quality Guidance and shall be agreed with the Local Planning Authority prior to the commencement of development. The development shall be implemented, and thereafter maintained, entirely in accordance

with the measures set out in the approved Mitigation Statement.


Reason: To ensure that provision is made for the parking and charging of battery powered cars in compliance with Policy BNE24 of the Local Plan.

Supporting documents: