Agenda item

Cuxton And Halling

Change of use of site to sui generis use as a wildlife reserve/watersports and outdoor activity centre together with the construction of 20 waterside holiday accommodation units, 10 on-the-lake holiday pods, one on-the-lake residential a managers unit and one on-the-lake office/security unit (non-residential), a Water Sports Centre with associated 'hub' to provide for sailing, diving, fishing, rowing, paddle-boarding venue and incorporating a café and restaurant as well as multi-function space for use by members and visitors for training/education and related activities. In addition the provision of an outdoor activity centre, fishing lodge, two zip wires and tower,  Sand Martin hide, an artificial wreck, floating pontoon and infrastructure, provision of a Forest School, retrospective placement of temporary facilities comprising of temporary office/admin/education/sales facility; temporary toilets; temporary car parking, temporary café,  temporary storage/changing rooms and infrastructure with associated parking, access, engineering, landscaping, mooring infrastructure and ecological enhancement works throughout St. Andrews Lake.

Discussion:

The Head of Planning outlined the planning application and informed the Committee that should it be minded to approve the application, a further obligation would be added to the proposed Section 106 agreement, all references to Highways England be changed to National Highways in the proposed conditions, and a change be made to proposed condition 33. In addition, he advised of a further representation received from Natural England since despatch of the agenda and a change to wording of the Planning appraisal and principle sections of the report. Details of all these were set out on the supplementary agenda advice sheet.

The Committee was informed of those activities already taking place on the lake and the Head of Planning advised that a number of buildings were currently on site supporting these activities, for which retrospective planning permission was being sought. It was confirmed that if the application was approved, the temporary buildings/structures would be removed as soon as their permanent replacements were in place.

The Head of Planning advised that the lake, being a former quarry, was very deep and shelved quickly and was therefore considered dangerous. In the past, people had gained unlawful access to the site and should the planning application be approved, this would bring a use onto the site which would provide an improved level of security.

The Committee was informed of the history and sensitivity of the site and that following a two year process of consultation with both specialists from Kent County Council and Natural England, the resulting application took full account of the ecology of the site for the proposed location of the water sports activities and other various elements of the application.

The Head of Planning advised that should the Committee support the application, it would require referral to the Secretary of State for Levelling Up, Homes and Communitiesas involving development within a Green Belt.

The Committee discussed the application and the various proposed conditions. It was confirmed that the proposed conditions sought to address a number of concerns raised during discussion including:

• Lighting;
• Drainage;
• Limitations on the number of events in the first year of operation;
• Use of the zip line;
• Availability of car parking on site and the requirement to pre-book use of the facilities;
• Use of the on-lake holiday pods;
• Heating of the pods and any other relevant climate change conditions;

Overall, there was general support for the proposed development as it was considered that this would provide a good tourist attraction in Medway and would take away the need for Medway residents to travel outside of Medway to other similar facilities.

A Member referred to a tarmac vehicular access that ran along the back of gardens that met Vicarage Road. The Head of Planning agreed to investigate this further.

Concern was expressed as to the potential noise disturbance from use of the zip line up until 20.00 hours and the Head of Planning suggested that use of this facility could be restricted to 18.00 hours with a view to this being reviewed after 12 months of operation.

Decision:

Approved subject to:

a)        Referral to the Secretary of State.

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

1. Contribution of £3,600 to mitigate the impacts of the increased footfall that will occur on the RS201 and the adjacent footpaths as a result of the development

2. Contribution of £20,000 towards the improvement of the road junction at the circus at the junction of Quarry Grove with Limeburner Drive and Brooks Place due to increase of traffic movements at this junction

3. The securing of all holiday accommodation units for holiday use only and the manager’s dwelling house as temporary accommodation to be occupied only in relation to the approved holiday development.

4. The securing that at no time in the operation of the development approved shall a charge for parking be levied on the site.

5. To operate a single management company for the whole site.

c)         Conditions 1 – 22 and 25 – 28 and 30 – 32 and 34 - 39 as set out in the report for the reasons stated in the report and conditions 23, 24, 29 and 33 amended as follows:

23. Within six months of the date of this planning permission an 'Event Management Plan' (to include a Traffic Management Plan and detailing the types of operations, scale and features that would constitute an 'Event Day') shall be submitted to and approved in writing by the Local Planning Authority in consultation with National Highway. 'Events days' shall be carried out in accordance with the agreed 'Event Management Plan' unless that plan is subsequently revised under condition 24.

Reason: To ensure that events do not result in avoidable congestion on the M2 J2&3, M20 J4 and to ensure that the M2 J2&3, M20 J4 continues to be an effective part of the national system of routes for through traffic and to satisfy the reasonable requirements of road safety in accordance with section 10 of the Highways Act 1980 and Policies T1 of the Medway Local Plan 2003 and paragraphs 130 and 111 of the National Planning Policy Framework 2021.

24. For a period of 24 months following the first 'Event Day' (as defined by the approved Event Management Plan) held at the development hereby permitted, a post event evaluation (to include any necessary changes to the Event Management Plan) shall be submitted to and approved in writing by the Local Planning Authority in consultation with National Highway within 1 month of each 'Event Day'. Thereafter for a period of a further 36 months, all Events shall be monitored and evaluated at the end of each calendar year and the Event Management Plan shall be updated accordingly, submitted to and agreed in writing by the Local Planning Authority in consultation with National Highways.

Reason: To ensure that events do not result in avoidable congestion on the M2 J2&3, M20 J4 and to ensure that the M2 J2&3, M20 J4 continues to be an effective part of the national system of routes for through traffic and to satisfy the reasonable requirements of road safety in accordance with section 10 of the Highways Act 1980 and Policies T1 of the Medway Local Plan 2003 and paragraphs 130 and 111 of the National Planning Policy Framework 2021.

29. The zip lines hereby approved shall only operate between the hours of 09:00 and 18:00 hours but be reviewed after 12 months of operation.

Reason: To ensure that the development does not prejudice the amenities of neighbouring property and the ecological interests of the site in accordance with Policies BNE2 and BNE39 of the Medway Local Plan 2003 and the relevant parts of paragraphs 174 and 180 of the NPPF 2021.

33.  Prior to the first use of any of the parking provision shown on drawing EVA-1870101 rev G a Parking and Vehicle Movement Management Plan shall be submitted to and approved in writing by the Local Planning Authority detailing the arrangements for parking and vehicle movements to and from and within the site related to the full planning permission hereby approved.  The Parking and Vehicle Movement Management Plan shall be implemented in accordance with the approved detail thereafter. 

Reason: To ensure satisfactory on-site parking, the restriction of larger vehicles along the narrow Quarry Road and limited vehicle use around the site having to ensure the protection of the ecological interests of the site in accordance with Policies T1, T13 BNE39 of the Medway Local Plan 2003.

d)    An additional condition to reflect an appropriate heating system for the on the lake holiday pods (or necessary amendments to condition 35), with the Head of Planning be granted delegated authority to agree the wording with Planning Spokes outside of the meeting.

e)    It being noted that when the Ecological Mitigation Strategy referred to at condition 5 and the Ecological Management Plan referred to at condition 6 are received, these will be discussed with both the Kent Wildlife Trust and Buglife.