applicant: berkley homes (south east london) ltd …...special development control committee: 13...

Special Development Control Committee: 13 September 2007 West Kent Cold Store

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APPLICANT: Berkley Homes (South East London) Ltd PROPOSAL: A mixed use redevelopment comprising residential (up to 500

dwellings) and commercial uses (up to 4500sqm), a medical/community facility together with associated access roads, car parking, footpaths and cycle ways, landscaping and open space (as amended).

LOCATION: West Kent Cold Store WARD: Dunton Green & Riverhead

ITEM FOR DECISION This application is reported to Committee at the discretion of the Head of Development Services given the scale and nature of the development and the planning considerations that arise there from. RECOMMENDATION: Subject to: 1 Referral of the planning application to the Government Office for the South East as a departure from the development plan; and 2 The prior completion of a satisfactory legal agreement; The Head of Development Services be delegated to grant planning permission subject to a number of conditions. A separate schedule of conditions is attached for ease of reference.

Development Plan 1 South East Plan

RPG9 „South East‟ PPS1 „Delivering Sustainable Development‟ PPG2 „Green Belts‟ PPS3 „Housing‟ PPG4 „Industrial, commercial development and small firms‟ PPS9 Biodiversity and Geological Conservation PPG13 „Transport‟ PPG16 „Archaeology and planning‟ PPS23 „Planning and Pollution Control‟


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PPG24 „Planning and Noise‟ PPS25 „Development and Flood Risk‟

Kent & Medway Structure Plan 2006 (KMSP) – SP1, SS6, EN5, EN6, EN8, QL1, QL2, QL3, QL5, QL11, QL15, EP2, HP1, HP4, HP6, HP7, TP3, TP11, TP12, TP17, TP19, NR1, NR3, NR5, NR6, NR7, NR8, NR10

Sevenoaks District Local Plan (SDLP) – SD1, EN1, EN2, EN3, EN4, EN5, EN9, EN12B, EN16, EN18, EN19, EN21, EN22, EN23, EN25B, EN31, EN32A, EN32B, NR2, NR3, NR4, NR5, NR6, NR9, NR10, NR11, T1, VP1, VP4, H2A, H4, H5, H10A, EP4, EP7, EP9, PS2

Other Material Considerations Planning History 2 There is extensive planning history associated with the use of the site as a

cold store, none of which is considered directly relevant to the current application. However, more recently, the site has been subject to two planning applications that are relevant to the current proposals.

3 Under application SE/02/01065/OUT planning permission was sought for 12 live work units and 11 residential units with parking and access on the former Plasmarc site. This application was refused permission on 8th September 2003.

4 Planning application SE/02/0005/OUT related to the West Kent Cold Store site and comprised the erection of B1(a) office campus of 42,345sqm of gross floor space, a crèche, coffee shop, parking, access and off site works. This application was appealed on the grounds of non-determination although the Council subsequently resolved that had it determined the application it would have been refused. The appeal was withdrawn in advance of the Public Inquiry.

Consultations 5 Original Plans and Documents May 2006. Dunton Green Parish Council 6 The Parish Council accepts the need for the redevelopment of the site and

supports the general form of the proposal. However, objections are raised for the following reasons:

the density of development is not desirable or necessary and is 50% higher than PPG3 advice;


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the size of the development would generate an increase of over 1000 residents which would swamp the village. A reduction in density is required;

there is no identified need for the number of houses proposed;

there are concerns about the highway impact figures quoted in the Transport Assessment and the impact of the proposal on traffic in the area.

there are concerns about the likely impact of 70no proposed social rented housing units. The level of affordable housing provision exceeds the 20% requirement under the Local Plan.

7 Assurance is sought that the medical centre will be implemented and operated

as such. The Toucan crossing in Station Road is mentioned but is not shown on plan.

Otford Parish Council 8 Otford Parish Council support the views of Dunton Green Parish Council and if

the latter support the proposal then no opposition is raised. 9 There are however concerns that the proposal will generate additional traffic

using Rye Lane which is single lane in part. The number of units seems excessive even by PPG3 standards. A question over the maintenance of the proposed ponds is raised.

Riverhead Parish Council 10 With regard to the increased pressure on local services and facilities, it is

noted that the developers are proposing a financial contribution towards expanding the primary school and improving secondary school provisions in the area. The inclusion of a medical facility is also welcomed.

11 Concerns remain about the traffic implications for Riverhead. The findings of the Transport Assessment are not convincing and a number of concerns remain about congestion, capacity, parking and public transport matters. 12 It is noted that the area is officially one of the worst for air quality and more

traffic and congestion will make this worse. 13 It is suggested that funding via the Section 106 agreement is provided to deal

with the congestion and air quality concerns. 14 It is suggested that the pavements are re-paved with a material that has been

proven to reduce pollution; that an additional pedestrian crossing is provided across the London Road near the junction with Bullfinch Lane; and that appropriate tough road surfaces be laid on the approaches to all pedestrian crossings in Riverhead to warn drivers to slow down.

Chevening Parish Council


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15 It is commented that “In essence the Council do not object in principle” but are

concerned about the following matters:

the additional traffic movements through Riverhead and along the A25 which are likely to lead to gridlock;

the problem of the Rye Lane/London Road junction in Dunton Green;

the need for additional places in local schools.

West Kent Housing Association

16 With regard to the proposed mix and tenure split, WKHA suggest that the split is acceptable but this should be confirmed by the Council‟s Housing Department.

17 They would like some assurance about the phasing, number of tenure that is proposed although they note that the applicant intend for there to be a fair proportion of units spread across each phase.

18 They are keen to see that affordable homes are clustered and support this arrangement over a more dispersed pepper potting arrangements which could have adverse management implications. It is also commented that core areas and communal areas of blocks of flats should be kept separate as far as possible between tenure.

19 Queries are raised about play equipment areas and youth activities.

20 The Council‟s car parking standards should be applied to the scheme. South East Water 21 Due to the reliance on borehole water in this area of Sevenoaks it is

advocated that the developer take appropriate measures to ensure that the groundwater sources in this area are adequately protected from any pollution pathways that may occur from the redevelopment and future occupation of this brownfield site.

22 A Services Appraisal study has identified that there is sufficient capacity in the

existing localised mains to serve the development (valid until November 2006).

23 South East Water require barrier pipe material to be installed on site and for

the development to have individual metering to each house and/or flat. Natural England (formerly English Nature) 24 English Nature has “no comments to make regarding the impact of this

development on the designated site [The adjacent SSS1].”


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25 A number of observations are however made which include:

the mitigation measures outlined in the Environmental Statement should be strictly adhered to;

the layout, landscaping and planning is designed to reduce light spill on to the SSSI;

mitigation measures to control noise and vibration are agreed in writing with the Council prior to commencement of development;

secure fencing should be erected and maintained in perpetuity along the western boundary of the SSSI.

Thames Water

26 Increased flow from the development may lead to sewage flooding. Impact

studies of the existing infrastructure will be required in order to determine the magnitude of any new additional capacity required in the system and the suitable connection point. The developer will be required to fund this.

27 Surface water drainage will not be allowed to the foul sewer.

Environment Agency

28 In summary, no objections to the proposal are raised subject to the imposition

of conditions to deal with contamination, remediation and drainage for the site. Network Rail

29 Network Rail make the following comments;

an assessment is undertaken with regard to „bridge bashing‟ for the southern bridge (officer note – this is pedestrian/cyclist and emergency vehicle access only and is of low risk);

consideration be given to whether improvements to the station are required (KCC Highways have advised on this and the views reported in the report);

the need for plant and scaffolding to be erected such that it will not fall on to Network Rail land;

the need for structural information if excavations are to be formed within 10m of the boundary of the railway; the need for compliance with PPG24 (this has been addressed in the Environment Statement as reported in the report below);

the need to ensure drainage is not on to Network Rail land;

the need for a 1.8m acoustic fence along the boundary with the railway;


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the need for buildings to be set at least 2 metres from the railway(indicative plan suggests this can be achieved);

details of landscaping to be provided; and

compliance with the Party Wall Act (not a planning matter) KCC – Highways

30 County Highways consider that the transport implications of the development

have been sufficiently addressed by way of proposed improvements to public transport and to highway infrastructure, all of which would mitigate the effect of the development.

31 They recommend that any permission be subject to a section 106 legal

agreement for contributions to public transport and for the implementation of a Travel Plan. The contributions sought to bus and train improvements should be assigned to the Highways Authority.

KCC – Strategic Planning

32 Advise that the mixed use development, retaining a significant element of

employment provision, is a preferred approach to the re-development of the site and is consistent with policy QL6 of the Structure Plan with no objections raised in relation to housing land supply. In summary, the mixed use principles of the re-development are supported and no strategic objections raised although concern is expressed about some design principles and the phasing of the re-development.

KCC – Community Facilities

33 Mouchel Parkman, acting on behalf of the County Council, advised that

contributions were required in relation to primary education, libraries, adult education, youth and community and adult social services. These matters would need to be secured by way of a Section 106 legal agreement.

KCC – Rights of Way

34 It is noted that Public Rights of Way Footpaths SR103, SR104 and SU1 may

be affected by the application. The size of development would increase the traffic using the surrounding footpaths and it may be opportune to upgrade these routes with a suggested donation from the developer in order to create a “mixed use” paths along the above mentioned footpaths that would serve the development and make it more attractive. There would appear plenty of space to create a cycle track along side the existing path. This would provide a traffic free cycle route from Dunton Green Station to the new development; provide a traffic free route for a considerable distance from the new development to Bradbourne School; and accord with sustainable development policies.


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KCC – Archaeology

35 It is advised that field evaluation works focus on the undisturbed parts of the site. Conditions are recommended to secure field evaluation works and the recording of any archaeological remains.

Kent Wildlife Trust

36 Express concern about the risk of contamination to the storm/surface water

discharges off the site and record a holding objection pending further details and reassurances about the efficacy of the proposal site drainage systems. Further to discussions between Kent Wildlife Trust and the applicants, the holding objection was withdrawn subject to the imposition of a number of conditions to secure the submission and approval of certain matters. In summary, conditions are requested to deal with drainage; the use of native species in landscaping; construction management plans; ecological management plans; a landscape strategy; and cat proof fencing along the shared boundary with the Reserve. Kent Wildlife Trust request that they are consulted on all these details.

Woodland Trust

37 Advise that the woodland surrounding the site is part of a habitat network

connecting to a SSSI. Attention is required to ensure no hydrological changes harm the SSSI; light intrusion is minimised and there is no direct access to the woodland from residential curtilages. A strip of 15-30 metres is recommended between the development and the woodland.

SDC – Head of Policy & Environment 38 In summary, it is considered that the proposal constitutes a departure from the

Development Plan and that at the original submission provides insufficient evidence submitted with the application to justify why the application as an exception can be supported. It is recommended that an Employment Study and Housing Needs study are essential if the scheme is to be considered further.

SDC – Senior Engineer 39 Recommends a number of conditions to secure the submission and approval

of foul and surface water drainage works prior to the commencement of development.

Primary Care Trust (PCT)

40 Request that a contribution of £302,400 is provided, by way of a legal agreement, to secure monies for the provision of health care facilities for the new population resulting from the development. Confirmation is given that they can no longer support the provision of an on-site facility.


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SDC Head of Environmental Health

41 No objections are raised to the proposals.

42 Amended Plans and Documents dated March 2006 (Revised design parameters for the scheme and additional information in relation to employment and housing on site).

Riverhead Parish Council 43 In summary, they advise that their original objections remain with concern

expressed about the increase in traffic, air quality, the density of development proposed (overdevelopment of the site), the height and overbearing appearance of the development and the need for a section 106 legal agreement.

Chevening Parish Council 44 No further comments raised over and above those originally submitted. Dunton Green Parish Council 45 Whilst the revised design is preferable there is in essence no change in terms

of number of dwellings, means of access or infrastructure. The Parish Council‟s concerns therefore remain with regard to the impact of almost 500 units, the density of development and highway implications.

Otford Parish Council 46 Original objections to the scheme, detailed above, remain. Thames Water 47 Comment as detailed above. Kent Wildlife Trust 48 Welcome the amendments to the design parameters of the scheme but

concerns remain in relation to the drainage arrangements. Subject to conditions to deal with the matters detailed previously, no objections are raised.

Woodland Trust 49 Welcome the amendments to the scheme and the buffer strip along the

southern and eastern edge of the site. The level of buffering and extension to Prices wood should be clarified as it is not clear about the actual amount of woodland planting. A management plan is required to ensure future funds for the maintenance of the woodland area.


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Natural England 50 No further comments to those originally submitted in relation to impact on

SSSI. A condition is suggested with regard to the need for a mitigation strategy to protect bat roosts within the site.

Kent Police Architectural Liaison Officer 51 To enable maximum surveillance, trees should have a minimum canopy of 2

m and shrubs 1m should be 1m high. There does not appear to be natural surveillance to certain parking areas and in such circumstances close boarded fencing to a height of 1.5m with 600mm trellis on top should be used. Gates on to these parking areas should follow the same design and be lockable. Colum lighting should be used. Defensible space should be provide around dwellings. Measures should be imposed to prevent commuter parking.

KCC Strategic Planning 52 No strategic objections are raised. KCC Highways 53 No objections and original comments remain valid. SDC – Senior Engineer 54 Comments as previously submitted – no objections subject to conditions. SDC – Head of Policy & Environment 55 No objections raised to housing mix proposed. SDC – Environmental Health 56 No objections raised. The noise mitigation proposals are appropriate and the

design will afford acoustic protection. Environment Agency 57 Conditions are recommended with regard to surface water drainage,

contamination and remediation. Thames Water 58 Comments as originally submitted. Primary Care Trust 59 Original request for £302,400.00 towards the provision of health care remains.


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Representations 60 Prior to the formal submission of the planning application the developers,

together with its representatives Green Issues Communications, organised three public exhibitions to consult with the local community. The 1st round of exhibitions were held on 29th and 30th of July 2005 at Dunton Green Village Hall. Approximately 1000 residents were invited of which 264 attended. A total of 119 questionnaire forms were returned to the developers by residents following this exhibition.

61 The 2nd round of exhibitions took place on 11th, 12th and 13th of November

2005 at Dunton Green Primary School. Of the 1000 residents invited 203 residents attended with 78 feedback forms returned to the applicants.

62 A 3rd exhibition took place on 24th and 25th March 2006 at Dunton Green

Primary School. A total of 155 attended this exhibition. 63 Details of the exhibitions, the attendees and the feedback from residents can

be reviewed in more detail in the applicant‟s document titled „Statement of Community Involvement‟.

Third Party comments on original application details 64 A total of 73 letters of representations were received in response to the 1st

round of consultation. Not all objected to the principle of the re-development but rather the details. Notwithstanding this, the objections raised can be summarised as follows;

there are insufficient alternative cold storage facilities within the area and the proposals will result in creating unemployment as companies are unable to relocate;

the density of development is too high and would lead to an overdevelopment of the site;

the height of buildings is too great and would be out of character with and harmful to the quality of the local environment;

the development would be out of scale having regard to the scale of the existing village;

there is too much affordable housing;

the affordable housing would not meet true „local‟ needs;

there is insufficient affordable housing proposed;

additional office floor space is required;

the existing highway network can not accommodate the increase in traffic and is of inadequate standard in terms of road width and lighting;


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there will be an increase in traffic generation which will exacerbate congestion on local roads, prejudicing highway safety for all users;

the local infrastructure including doctors, schools, dentists, water supply and drainage can not cope with the additional pressures generated from the proposal;

improvements to the railway station are required;

the proposal would lead to an increase in noise and air pollution, harmful to existing residents;

the construction period for a development of this scale is too great and would harm the amenities of local residents;

the development would result in the potential increase in use of Pounsley Road;

the proposal is not sustainable development and is not „carbon neutral‟;

the development is on contaminated land and this has associated risks;

Insufficient parking is proposed on site;

Insufficient amenity space is proposed for the dwellings;

The proposal is contrary to the Human Rights of existing residents; and

An increase in crime and vandalism would result. Third Party comments on amended application 65 Following discussions and negotiations with the applicants a series of

amended parameter plans and supporting documents were submitted in March 2007. On receipt of these amendments a further period of consultation was undertaken. A total number of 11 letters of representations, including one from Pounsley Road Residents Ltd, were received all of which raised objections to the proposals. The objections can be summarised as follows;

Loss of local employment opportunities;

Overdevelopment of the site by reason of the density and layout of development proposed;

The inadequacy of local services and facilities, including health and education, to accommodate the increase in population;

Insufficient consideration to off site parking problems;


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Inadequate buffer to Prices Wood to the south of the site;

Impact on existing sewage facilities;

The resulting increase in noise and light pollution;

The increase in graffiti and crime in the local area;

The harmful impact on adjoining public rights of way by reason of the proximity of dwellings;

The lack of children‟s play space and crèche facilities;

Harm to the amenities of adjacent occupiers; Head of Development Services Appraisal Description of Site & Surroundings 66 The application site extends to approximately 7.7 hectares and lies to the east

of Dunton Green. It comprises a number of industrial buildings used in association with cold storage and food processing and includes utilitarian storage depots of differing styles and sizes together with disused buildings, areas of hardstanding, ramps, car parks, loading bays and circulation space. The built form varies and includes single storey and two storey flat roof structures, generally used for office purposes. There storage depots and refrigeration units are later in scale, of brick, concrete or corrugated material construction, with flat and pitched roofs. The ridge heights vary from approximately 3 metres to 12metres above existing ground levels. The buildings are dispersed across the site. A number of the existing buildings are no longer occupied, with many in a poor state of repair. There are no hours of operation restrictions for the industrial use of the site.

67 The site is currently accessed at two points from Rye Lane at the northern end of the site. A third access point is found at the south west corner of the site with Pounsley Road.

68 The grounds levels vary across the site with a drop over approximately 12 metres from the north west corner of the site to the eastern end. In addition to this notable change in levels, there is a significant slope across the site from the south west to the north east.

69 The site is positioned on the edge of the built up area of the District with the

land to the north, east and south designated as Metropolitan Green Belt and an Area of Local Landscape Importance. Sevenoaks Wildlife Reserve is a designated SSSI and Nature Reserve and lies adjacent to the eastern boundary of the site. Prices Wood, a privately owned woodland, lies to the south of the site. To the west lies the railway line which is set approximately 10m above the level of the site beyond which lie predominantly two storey residential dwellings. To the north lies Rye Wood which comprises an area of


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semi-natural ancient woodland. Dunton Green Railway station lies 500m to the north west of the site frontage.

70 At the eastern end edge of the site lies public right of way SR103 which forms part of the Darent Valley Path. This path runs between the site and the adjacent Reserve, with mature vegetation defining its boundary with the Reserve. Footpath SR104 runs adjacent to the southern boundary of the site and at its eastern end joins the Darent Valley Path (SR103).

71 Dunton Green lies to the west and is served by local school, employment generating uses, local services and facilities. It is linked to Sevenoaks and beyond by rail and bus links.

Description of Proposal.

72 The application is in outline form, with all matters except for access being reserved for consideration at a later stage. Notwithstanding the outline nature of the application, the applicants have produced Design Guidance and Framework Plans which would guide any future re-development of the site. This information is set out in the Design & Access Strategic Design Guidance – Version 5 document which forms part of the planning application.

73 The aforementioned document provides certainty about a number of principles for any future re-development proposals including matters of land use, densities of development across the site, maximum building heights, the position of the primary internal road, the position of the „acoustic‟ barrier block along the western boundary together with areas of open space. These principles are set out in Framework Plans which are supplemented by Strategic Design Guidance which provides greater detailed guidance on the design aspirations for the scheme such as building height, form, landscaping, character, parking and open space and how these would be translated at the reserved matters stage. This document forms part of the application submission and its contents are therefore material in assessing the acceptability of this outline scheme.

74 In summary, it is proposed to demolish all buildings on site and re-develop it to provide a mixed use scheme comprising up to 500 dwellings (mix of flats and houses with the indicative scheme based on 480 units) to include 30% affordable housing of which 5% of these units would take the form of discount market sales; 4500sqm of commercial office floor space; a medical centre or community centre of approximately 500sqm together with areas of open space. Alterations to the highway are proposed as part of the re-development.

Housing 75 Housing would take the form of flats, terraced, semi-detached, link detached

and detached dwellings, with building heights ranging from two storey to four storey depending on location and unit type. The housing mix of the general market housing would comprise the following;


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151 (31%) one bed flats

155 (32%) two bed flats

105 (22%) three bed houses

56 (12%) four bed houses

13 (3%) five bed houses

76 Of the housing units, 29% (137 units of the 480 units as shown on the illustrative layout plan) would comprise affordable housing, with the current mix proposed as;

30% one bedroom flats

50% two bedroom flats

10% two bedroom houses

10% three bedroom houses 77 The affordable housing is proposed to comprise 53% social rent, 47% shared

ownership. The suggested mix above is not finite and would be subject to further discussion.

78 The overall density of the development equates to 69 dwellings per hectare

(DPH), using the net developable area figure rather than the gross site area figure, as PPS3 advises. The density of housing would differ across the site, addressing the sensitivity of site boundaries and to reflect the urban design principles on which the scheme is based.

79 The area allocated for residential development covers the majority of the site with the exception of the north east and north west corners.

Commercial

80 The commercial development would comprise office space (B1 use class) and would extend to approximately 4500sqm. It would be provided in a series of buildings located at the north east and north west corners of the site. The commercial area to the north west would extend up to three storeys in height with the area to the north east being two storey in height. The buildings would be of a modern design. The commercial units would be served by the own car parking but would share the same access arrangements to the site as the proposed residential development.

Medical/Community Facility

81 A medical/community facility is proposed towards the north east corner of the site. The Primary Care Trust (PCT) have advised they are not in a position to support the provision of an on site medical facility at this time. However, in


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order to allow their position to be reviewed, an area of the site has been allocated to accommodate a potential medical facility (to accommodate up to 5 GP‟s). Should the PCT be unable to bring forward this option, there is scope for this area of the site to provide a community facility, should this be the preferred location following public consultation on this matter. The legal agreement has been drafted to enable maximum flexibility in this regard. The facility on this part of the site is shown to be up to 2 storeys in height.

Open Space

82 Over 7500sqm of informal open space and ecological areas are shown to be provided predominantly along the southern, eastern and northern boundaries of the site. In addition to this informal open space, approximately 600sqm of local play areas are proposed within the site.

Access

83 The development would be served by two vehicular access points to the north of the site, leading from Rye Lane. The existing vehicle access point at the south of the site, via Pounsley Road, would be closed to vehicles except in emergencies but would remain usable by pedestrian and cyclists.

84 Improvements are proposed off site along Station Road at the junction with London Road in the form of a roundabout. Additionally, improvements are proposed along Rye Lane and Pounsley Road.

85 An extension to the existing bus route is proposed to serve the development together with an improved service. Improvements are proposed, via contributions, to the railway station and the footpath at Pounsley Road.

86 Pedestrian and cycle links are shown to be provided throughout the site to provide permeability north to south.

Landscape

87 A landscape strategy has been proposed as part of the Design and Access Strategic Design Guidance document. This indicates the principles on which any future landscape scheme would be evolved and includes both soft and hard landscaped areas. Water features are shown to be provided with the site as part of the proposal.

Determining Issues

88 The main planning issues for consideration are:

Compliance with Environmental Impact Assessment Regulations;

The principle of re-development for mixed use of residential and commercial floor space;

Sustainability;


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Contamination;

Flood risk;

Drainage;

Air Quality;

Noise;

Nature Conservation;

The provision of affordable housing;

Impact on the Green Belt;

Highway implications;

Design Framework;

Impact on Surrounding area;

Impact on adjoining occupiers/future occupiers;

Section 106 matters.

Compliance with Environmental Impact Assessment Regulations

89 Environmental Impact Assessment (EIA) is a procedure that should be

followed for certain types of development before they can be granted planning permission, assuming all other factors are acceptable. The EIA procedure is set out in statute and requires the applicant to establish the likely significant environmental impacts of the proposed development, report this in an Environmental Statement (ES) together with any mitigation measures. The ES is an independent report, commissioned by the applicants, and prepared by WSP Environmental UK with input from other specialists.

90 Environmental Management Resources (ERM) were appointed by the Council to undertake an independent review of the ES. A number of concerns were raised about the methodology and findings of the first ES that was submitted in support of the application. ERM‟s findings, together with other consultee comments as appropriate, were reported to the applicant‟s and further work undertaken on the identified areas of weakness. An Addendum to the ES submitted with the revised plans and documents in March 2007.

91 The ES and its addendum identified areas where environmental impacts would or would not result from the proposal and identified mitigation measures accordingly. Full details of all the areas considered and conclusions reached can be reviewed within the body of the ES and its technical appendices.


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92 ERM have advised that the ES is an appropriate document which meets the

requirements of statute, and identifies appropriate mitigation, where necessary. It is not considered that the document is legally challengeable and that its findings are fair and acceptable. It is thus concluded that the ES satisfies the requirements of the Town & Country Planning (Assessment of Environmental Effects) Regulations 1988.

Principle of re-development 93 The site lies within a defined settlement area and in this regard there can be

no objection to the principle of re-developing it per se. The issues are therefore whether the loss of commercial/employment use is acceptable; whether the amount of employment use proposed as part of the mixed use is acceptable and whether the principle of a residential led scheme accords with national advice and development plan policy.

Loss of Employment Site 94 Policy EP2 of the Kent and Medway Structure Plan provides for the retention

of existing employment sites that are well located and otherwise well suited to employment use. Policy EP10 of the Local Plan establishes a presumption against the loss of business/employment sites unless it is considered that the site is inappropriately sited. This policy framework goes on to state that if significant investment is made in new infrastructure or extensive site redevelopment or building renovation costs are involved a mixed use scheme may be acceptable provided a significant Class B use is incorporated.

95 Paragraph 12.37 of the Local Plan deals specifically with the application site. It states that the “Council recognises the important employment function provided by the West Kent Cold Store at Rye Lane, Dunton Green. Retention of the use of this site for business purposes is important for the economic well being of the area. Accordingly, it is identified on the Proposals Map for business purposes.”

96 There is therefore a policy presumption in favour of retaining the site for business/employment purposes under the current Local Plan unless it can be demonstrated that it is inappropriately located and/or that any re-development provides a significant element of Class B use.

97 The first issue to address is whether the site is inappropriately located for either its current use or alternative employment uses.

98 An economic assessment, prepared by the applicants, contends that as result

of fundamental changes in the storage and distribution industry, the site does not have a future for cold store purposes, with users preferring larger distribution centres with good motorway connections. The applicant therefore argues that the site is inappropriately suited for its current cold storage and distribution purposes and that the users could be accommodated elsewhere within the region


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99 The applicant‟s have submitted further information with regard to the provision

of cold store facilities in Kent and across the south east region. This demonstrates that the loss of the WKCS facilities would result in a loss of 21% of all cold store facilities in Kent. However, it goes on to demonstrate that there is existing capacity at 3 major cold storage facilities in Kent to accommodate three quarters of the existing capacity of WKCS, with other smaller cold store facilities within Kent likely to be able to accommodate the remainder of the existing capacity of the site. This indicates that there is existing surplus capacity in the industry to accommodate the loss of facilities, as proposed. The applicant‟s report accordingly concludes that the “loss of cold storage facilities at the WKCS Site is therefore unlikely to significantly negatively affect cold storage provision in the wider region.” There is no evidence to dispute the conclusions that there is capacity within other facilities within Kent to accommodate the loss of cold store facilities proposed.

100 It is accepted that the current premises are coming to the end of their useful

life in their current form. The applicant‟s advise that re-development costs associated with cold storage, together with the declining business base at this location, prohibits its redevelopment for cold storage and distribution purposes. In addition to these factors, it is accepted that the use of the site for cold storage facilities has associated environmental implications particularly in relation to heavy goods vehicles using local roads. There is no evidence to dispute the conclusions with regard to the economic viability to re-develop the site for cold store/food processing uses. It is therefore, on balance, accepted that the site has limited life for its current employment use.

101 This therefore leaves the issue of whether the site should be retained for alternative employment purposes.

102 KCC Strategic and Policy Division note that the full redevelopment for employment uses orientated to B1 use in line with current market preferences would involve greater employment intensity in comparison with the current employment use. It is further noted by KCC that this;

“would be disproportionate to the scale of the Sevenoaks labour market and the prospects for local growth in the workforce and would stimulate in commuting and traffic movement to an out of centre employment location.”

103 Having regard to the size of the site and its location, it is concluded that the

site re-development for more intensive business use would be inappropriate and could result in environmental concerns. This suggests that a mixed use scheme may be acceptable subject to any scheme proving sufficient business floor space, a view that is supported by KCC Strategic Planning who comment;

“In this regard a mixed use development, retaining a significant element of employment provision, is a preferable approach in economic, transport and environmental terms.”


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Level of business use proposed 104 The ES contains an Economic Impact Assessment which deals with the

forecast levels of employment associated with the proposals. There is no dispute about the methodology used in this assessment although there are differences of professional opinion about the multiplier and displacement parameters used, as referenced below.

105 The proposals allow for 4500sqm of business floor space and the ES states this would generate approximately 240 direct equivalent Full Time Employment (FTE) opportunities on site. This figure is not disputed. In addition to this, it refers to the potential for any medical facility to generate approximately 8 FTE with the additional 500 residential units resulting in an additional 150 FTE opportunities by reason of the increase in population and therefore expenditure in the local economy. The total gross direct employment generation is therefore cited as 390 FTE jobs.

106 WKCS currently employs only 20 staff directly, with the remainder of the 432 employees being employed by tenants on the site. The ES notes that only a small proportion of these jobs are likely to be lost as tenants will lease space elsewhere and continue to employ their workers. The Socio-Economic Impact Assess assumes a displacement of 25% which would result in 162 FTE jobs displaced from the local economy in addition to the 20 employees at WKCS – the ES therefore concludes that 182 FTE jobs may be displaced as a result of the proposals. It is therefore stated that of the 390 gross jobs supported, after displacement it is anticipated that 208 FTE would represent the additional direct employment opportunities.

107 The ES notes that employment generation is likely to occur through indirect and induced means in relation to employment from supply-chain effects through contractors and support serviced and increased spending in the economy. Having regard to the multiplier suggested by English Partnerships (1.44) the overall net additional employment derived from direct, indirect and induced means is estimated to be 300FTE positions (208 x 1.44) with 92 FTE being supported through multiplier effects.

108 ERM who have independently assessed the ES advocate using a lower multiplier of 1.21 – 1.32 to calculate the multiplier effects of the proposals. If their lower figure of 1.21 is adopted, the total net additional employment of 252 FTE positions are created instead of 300. The difference in multipliers used is purely professional judgement. On balance, given that the ES has been prepared having regard to national advice in relation to multipliers, it is considered acceptable.

109 ERM also advise that displacement of existing employment opportunities on site is likely to be greater than 25%. If 50% displacement is allowed for and the lower multiplier used, the net additional employment generated would be 57 FTE positions.

110 Notwithstanding the difference in opinion about the parameters used in the assessment, the proposals would provide for additional employment


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opportunities over and above those existing, with the figures suggesting anywhere between 57 – 300 net additional FTE opportunities.

111 The level of employment created by virtue of the re-development is therefore considered appropriate and in accordance with development plan objectives.

112 Having regard to the residential nature of the scheme, as discussed below, it is considered that B1 uses would be more appropriate than industrial B2 or B8 Use Classes. There is no evidence to demonstrate there is a shortage of B2 or B8 uses in the District and accordingly, the loss of industrial floor space would not undermine any policy framework or lead to unmet demand in this sector. The principle of B1 uses on site is therefore accepted.

113 To conclude, the loss of the site from pure employment use would not conflict with development plan policies as it has been demonstrated the site does not have a long term future as a cold store facility and is not appropriately sited for more intensive employment uses. Whilst the level of floor space is modest in relation to the floor space devoted to non commercial uses, the direct, indirect and induced employment levels associated with the proposal would provide for similar, if not more, employment opportunities than currently exist. Further, there is evidence to support the assertion that the type of employment generated would be more suited to the employment base of the District. It is therefore considered that an appropriate level of Class B Uses is provided for, in accordance with Local Plan policy.

114 Overall, no objections are raised with regard to the loss of employment use or the level of employment floor space proposed as part of the re-development of the site.

Residential led re-development

115 Having established that the site is neither suitably located for re-development for the relatively low level employment generating use of cold storage and distribution nor alternative and more intensive employment uses, it is therefore necessary to establish whether a residential led scheme would accord with national advice and development plan policy.

116 PPS1 „Delivering Sustainable Development‟ seeks to create inclusive and sustainable development, including mixed use schemes. Similarly, PPS3 „Housing‟ promotes the principles of mixed use schemes to further the objectives of sustainable development and to create integrated and inclusive communities. Paragraph 41 of PPS3 establishes that a national annual target of at least 60% of new housing should be provided on previously developed land whilst paragraph 44 allows for consideration to be given to whether sites industrial or commercial use sites could be more appropriately utilised for housing development.

117 It has been established that the site is not appropriately located for re-development for employment purposes. Taking this in to account together with the advice of PPS1 and PPS3 it is considered that a mixed use scheme which is residential led is acceptable in principle.


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118 KCC advise that existing housing land supply is more than sufficient to meet

strategic policy requirements over the whole Structure Plan period (to 2016) whilst also meeting the current national policy requirement for a ten year housing supply. Current statistics show that there is a surplus of land for 375 dwellings. The proposal would increase the prospective supply over policy requirements to c875 dwellings i.e. more than 50%. However, it is noted that the majority of land supply (60%) is dependant on the estimated future contribution from windfall sites or urban capacity, excluding any allowance from the application site. It is commented that;

“the additional provision of housing at the WKCS site would ease the impact of restraint, especially with a strong element of affordable housing responsive to local needs, without detriment to other strategic policy concerns.”

119 On balance, it is therefore concluded that the proposal could ease the

pressure on the need to bring forward windfall sites to meet housing targets and that it would not prejudice other strategic policy objectives including those related to housing provision.

120 The applicants have provided details of housing mix, as detailed in the description of the development above. The mix is heavily biased towards smaller units, with 63% of the units comprising 1 and 2 bed flats although a range of units are proposed to include larger dwellings.

121 The Sevenoaks housing market is dominated by larger dwellings and the Housing Needs Survey highlights the need for smaller units within the District. On the basis that the proposals respond to identified general market housing needs in the District, in relation to dwelling size, it is considered that the proposals address the local housing needs of the District and would not offend development plan policy in this regard. No objections have been raised with regard to the principles of the general housing mix (bias towards smaller units) whilst the overall range of dwellings proposed would encourage a socially balanced, mixed and inclusive community.

122 Taking in to account all the material considerations, it is not considered that the proposed mixed use of the site would undermine the regional strategies for economic regeneration or prejudice housing supply policies. Accordingly, it is considered that the proposed residential led mixed use scheme accords with the advice of PPS1, PPS3 and the relevant policies within the development plan.

123 The acceptability of a residential led mixed use re-development on this site is

therefore dependant on compliance with other development plan policy and national advice in relation to its impact on the environment.


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Sustainability

124 PPS1 „Delivering Sustainable Development‟ sets out the Governments aims to encourage and foster sustainable forms of development. This includes the need to ensure that the impact of development on the social fabric of a community is taken into account; social inequalities are reduced; accessibility (in terms of location and physical) is addressed with regard to jobs, health, housing, education, shops, leisure and community facilities; the needs of a community are considered together with the creation of healthy and safe places to live are created. The Office for the Deputy Prime Minister (ODPM) prepared “Sustainable Communities: Building for the Future” which provides a further benchmark against which to assessed the development together with the Council‟s „Sustainability Checklist‟.

125 The applicants have prepared a Sustainability Statement (June 2007) to accompany the application. This details the manner in which the proposals have embodied and developed the principles of sustainable development, having regard to the above publications and advice.

126 Issues of sustainability span many planning concerns including access, built

form, housing needs, design, community facilities/integration, local infrastructure and many more. It is not therefore considered appropriate to deal with the issue of sustainability as an isolated matter and it will, where appropriate, be considered below in relation to specific matters.

127 However, to summarise, having regard to the sites location, the mixed uses proposed, the mitigation of environmental issues associated with the current use/land, the improvements to public transport, social inclusion and community integration it is considered that the proposed re-development of the site furthers the government‟s sustainability objectives. Furthermore, compliance with BREAM standards to achieve a „very good‟ rating and sustainable forms of drainage and construction all support the objectives of sustainability.

128 It is therefore concluded that the proposal accords with the objectives of PPS1, PPS3, PPG13, PPG22, PPG23 and development plan policies in this regard and would positively contribute to the delivery of sustainable development, for the benefit of the existing community and future residents.

Contamination 129 The Environmental Statement, as required to be submitted under the Town

and Country Planning (Environmental Impact Assessment) Regulations 1999, included a section that dealt specifically with land contamination, prepared by WSP. Paragraph 12 of PPS23 recognises that this form of submission is usually the most convenient way of ensuring the environmental impacts of a significant development are comprehensively considered.

130 The report in to land contamination deals with, amongst other things, the

historic activities on site, the existing activities and structures on site, the findings of previous investigative work and the methodology and conclusions


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of investigate work undertaken by WSP. The report concludes that there are a number of potentially significant risks associated with the redevelopment of the site which should be mitigated.

131 The report establishes as number of remediation works (which form part of the outline Remediation Strategy for the site) which include:

decommissioning of the above ground storage tanks and fuel lines;

pump and treat hydrocarbon contaminated waters;

removal of hydrocarbon contaminated soils;

provision of a clean layer of soils over future garden and soft landscaping areas, as well as capillary break layer;

control measures to be potential pathways such as services trenches to mitigate migration measures;

gas protection measures to be incorporated into all new structures on site; and

continued groundwater monitoring to ensure compliance with EA requirements

preparation and of a detailed remediation strategy in discussion with the Environment Agency.

132 The report goes on to identify a number of other measures that will be

required to remediate the land, not least the need for a Construction Environment Management Plan to be prepared to together with the preparation and implementation of a detailed remediation strategy in discussion with the EA.

133 The Council appointed Environmental Resource Management (ERM) to independently assess the ES. ERM concluded that notwithstanding their concerns about the tentative nature of the judgements about the amount and nature of material to be taken off site , this chapter of the ES is “conservative…and robust.

134 ERM‟s report recommends that “Standard land remediation and monitoring conditions (incorporating any required by the Environment Agency) should be imposed. An appropriate condition requiring controls on the removal and disposal of hazardous materials from the buildings and the site should be applied.” They go on to conclude that “We are satisfied that appropriately worded planning conditions can secure all of the necessary mitigation measures for remediation and demolition”


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135 The Council‟s advisors therefore raise no objection to the methodology of investigations in to contamination or the principles that underlie their suggested Outline Remediation Strategy. In this regard, it is concluded that, in principle, the land could be appropriately remediate to be „fit for purpose‟. This view is supported by the Council‟s Environmental Health department who raise no objections to the principle of re-developing the site subject to conditions securing appropriate remediation works and methods of construction.

136 The Environment Agency (EA), comment that their advice at present is that there should be no “hard” development on or immediately adjacent to a landfill site, which lies within the site, due to the risk from the ingress of landfill gas which can be generated by old tip material. They go on to states that “if building is to go ahead on a landfill site then certain stringent building designs may reduce the risk of landfill gas ingress” and these should be secured by condition if the Council is mindful to grant permission. The ES confirms that all buildings would be constructed with measure to prevent ingress gas.

137 The EA raise no objections to the principle of development on the land subject to further investigation in to contamination, the preparation of appropriate mitigation and remediation strategies and the work being undertaken in a controlled manner. The also request that details of any piling works are subject to approval, a matter than can be secured by condition.

138 On the basis of the above, the principle of re-developing the site for a mixed use scheme, to include residential, is not objected to on grounds of land contamination and the ES is acceptable in this regard. A number of conditions are recommended to secure the protection of the environment during demolition, site clearance and construction and both the EA and ERM are satisfied that appropriate protection can be secured in this way.

139 It should also be noted that the remediation of this contaminated site contributes towards the objectives of sustainability and the Governments drive to re-using brownfield sites for residential purposes.

Flood Risk 140 PPS25 „Development and Flood Risk‟ states that the impact of a development

proposal on the risk of flooding is a material consideration and that risk based „sequential testing‟ should be applied at all stages of planning with the aim of steering new development to areas with the lowest probability of flooding (zone 1). Policy NR10 of the KMSP deals with development and flood risk and states that development will not be permitted if it would be subject to unacceptable flood risk; prejudice the capacity of floodplains or hinder the ability of land to drain. Policy NR2 of the SDLP states that development which would increase the risk of flooding on a site or elsewhere will not be permitted unless flood risk is alleviated.

141 PPS25 „Development and Flood Risk‟ appendix D establishes a requirement

for any development greater than 1.0ha outside the flood plain (zone 1) to carry out a Flood Risk Assessment (FRA). The site is located within zone 1


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and exceeds the size threshold - accordingly the applicants have prepared a formal Flood Risk Assessment which also seeks to address the Drainage Strategy for the site. Annexe E of PPS25 provides advice on the requirements of such an investigation and the submitted report accords with this guidance and is deemed valid for risk assessment purposes.

142 The site is shown on Environment Agency Flood Maps to be in Flood Zone 1, which has an annual flood probability of less than 0.1% from the River Darent (little or no risk from flooding). With regard to the impact of the proposal on flood risk, the applicants state that the proposal would reduce (by approximately 40%) the extent of impervious ground on site which currently covers approximately 98% of it. As a consequence, it is accepted that the rate and volume of surface water run off is expected to reduce. The proposal would not therefore increase the risk of flooding in this regard. In addition to the above it is proposed construct the buildings with minimum floor levels above the existing on-site ground level, with all buildings over one metre above the current 1 in 100 year flood water level associated with the River Darent.

143 The Environment Agency “is satisfied that this development site is located outside the floodplain” and the “The flood level of 68.3m AOD was produced from a detailed modelling exercise of the River Darent and we note that the site level is sufficiently elevated above this height.” Accordingly, no objections are raised to the proposal on the grounds of flood risk within the site or an increase in flood risk elsewhere.

144 Having regard to the position of the site within Flood Zone 1 (little or no risk from flooding), there are no other sites located within the Borough with lower flood risk where this scheme could take place. The site is therefore meets the requirements of the sequential test, as detailed in PPS25.

145 The site is therefore appropriate for housing re-development, in accordance with the sequential test requirements of PPS25, and would not result in flood risk to the future occupiers or increase the risk of flooding beyond the confines of the site. The EA are satisfied with the principles of the re-development and it accords with development plan policy.

Drainage Surface Water Drainage 146 The Flood Risk Assessment seeks to provide a drainage strategy for the site.

It is noted that there are no surface water sewers in the vicinity and the existing surface water drainage system on site discharges via two pipes in to the adjacent lakes, passing through reed beds. It is proposed to continue using this method of surface water drainage with improvements to create more effective barriers to reduce the potential for contaminants to enter the adjacent SSSI and lakes. By reason of the contaminated nature of the site and the remediation required, the applicants do not consider that Sustainable Drainage systems (SUDS) are appropriate on site. The EA accept that the


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use of SUDS is restricted on this site and no objections are raised in this regard.

147 The applicants state that given the increased level of permeable surfaces proposed on site, the rate and volume of surface water run off is anticipated to be lower than currently exists. The Environment Agency accept that peak flows could decrease as a result of the development and welcome the introduction of drainage techniques to reduce the potential for pollutants to enter the adjacent SSSI (as suggested by the applicants). They do however recommend a condition for the submission and approval of details for surface water drainage.

148 Kent Wildlife Trust are concerned that full details of the drainage systems are not available at this stage and that there could be an increase in pollution to the SSSI. Whilst a level of comfort has been given to them by the developer (such that their initial holding objection has been withdrawn) they request conditions to secure appropriate drainage on site which should be subject to prior approval (with their involvement) before commencement of development on site.

149 The Council‟s Drainage Engineer accepts the drainage strategy in principle and also recommends a condition for the submission and approval of the proposal surface water drainage works prior to the commencement of development.

150 In view of the above, no objection is raised on the grounds of the surface water drainage on site subject to an appropriate condition, as referenced above. The proposal accords with the provisions of policy NR3 of the SDLP in this regard.

Foul Water

151 The developers have submitted a “Services Appraisal” as part of the planning application and this deals with, amongst other matters, with foul drainage. It states that the existing foul sewer is calculated to have capacity for approximately 350 new dwellings. Thames Water have verbally advised the applicants that approximately 200m of existing foul sewer will need to be upgraded in order to take the increased flows and that a network capacity study will be necessary to determine if any further off site reinforcement works are necessary.

152 In their consultation response, Thames Water recommend that impact studies are undertaken of the existing infrastructure to determine the magnitude of any additional new capacity required in the system and a suitable connection point. They further advise that the developers will be required to fund this and should liaise direct with Thames Water.

153 The Council‟s Drainage Engineer notes the above comments and recommends a condition is attached to any permission to secure the submission and approval of full details of the proposed on site foul drainage works. Such a condition would secure the position of Thames Water and


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enable details of any additional works to increase capacity (as required) to be considered.

154 Overall, no objections are raised subject to appropriate conditions securing the submission and approval of foul water drainage works.

Air Quality 155 The Government‟s policy on air quality within the UK is set out in the Air

Quality Strategy (AQS) published in January 2000 and updated in 2003. The AQS sets standards and objectives for 9 main air pollutants to protect health, vegetation and ecosystems which include Nitrogen Dioxide (NO2) and fine particulate matter (PM10).

156 The Council has, in accordance with the Environment Act 1995, reviewed local air quality within the District and identified thirteen areas within which the annual air quality objective for Nitrogen Dioxide is unlikely to be met and one area where the 24 hr/35 days objective for PM10 is likely to be exceeded, and in these areas the public is exposed to this pollution. Ten of these areas have been designated „Air Quality Management Areas‟ (AQMA). The remaining three are expected to be designated later this year. For each of these areas the Council is required to prepare an Air Quality Action Plan (AQAP) to secure improvements in air quality. An AQAP‟s has been prepared for the first five designated areas (M20, M25, M26, A20 (T), Jcn A25/A224).

157 PPS23 „Pollution‟ refers to air quality and recognises that it can be a material

consideration in assessing applications. It goes on to state that air quality will be particularly material if a proposal would compromise air quality targets, result in an area being designated as an AQMA, be sited within an existing AQMA or renders any action plan to address air quality unworkable. Annexe 1(G) 2 of PPS23 does however also state that development within or adjacent to an AQMA should not be refused in principle as this could sterilise future development in the area.

158 The policy NR7 of the KMSP states that development in or adjacent to AQMA should be controlled so as not to adversely affect the environment. More generic advice is provided in the SDLP.

159 None of the currently designated AQMA‟s are immediately adjacent to or

include the application site, with the closest being at the junction of the A25/A244 at Riverhead (600m from the site) and the M26 where it bisects the District (600m from the site). A further AQMA is expected to be designated later this year along London Road now that DEFRA approval has been given. The proposed designation will be considered by Cabinet and subject to public consultation. After designation, there is a period of 18months within which to prepare an AQAP must be prepared.

160 The issue is therefore whether the proposed re-development of the site would result in the site and surrounding area being designated as an AQMA or prejudice the aims and objectives of the AQAP‟s that are operational in nearby locations, or worsen air pollution. For the avoidance of doubt, the applicants


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have advised that in assessing the impact on air quality they have included the predicted traffic flows for “committed development” in the locality and this includes the proposed Tesco‟s extension which does not, at the time of preparing the report, benefit from permission.

Demolition & Construction Phase

161 The ES concludes that during demolition/construction, there would be a temporary and local increase in dust nuisance within 200m of the site which would have a minor adverse impact for that short term period only. During construction there would be a rise in particle matter (PM) concentrations but this would be negligible outside the confines of the site and would be temporary, local and not material.

162 The ES suggests that limits to dust levels should be agreed with the local authority and that appropriate measures can be implemented (such as sheeting over all vehicles carrying loose aggregate and use of dust suppressed tools).

163 With regard to the release of emissions (NO2) during construction, the ES states that a comparison has been made between the number of HGV‟s associated with the existing Cold Store and the construction traffic associated with the re-development. It concludes that there would be “an average reduction of approximately 13% in the number of HGV’s using the surrounding road network”. A reduction in HGV‟s would accordingly represent a reduction in emissions.

164 In addition to the above, the ES states that improvements to the local road network and bus services may reduce congestion and modify traffic behaviour which would also help reduce emissions.

165 Overall, during construction, the ES concludes that air quality effects are temporary, short-medium term, local and neutral.

Operational Phase (when occupied)

166 The ES has assessed the likely levels of NO2 emissions that would result from the proposed re-development. It has concluded that the proposed re-development would be likely to reduce the levels of NO2 and exceedences of the hourly mean of NO2 concentration objectives would be unlikely to occur.

167 With regard to particle matter (PM) the ES states that concentrations are likely

to exceed the objectives set out in the AQS due to certain receptors (measuring stations) being located where background levels are above the limit (and notwithstanding some receptors would showing a decrease in levels). However, the ES concludes that when assessing the “without re-development” and “with redevelopment” scenarios the redevelopment is unlikely to result in any new exceedences of the PM 10 objectives. This indicates that the proposed development would not have a negative impact on air quality in this regard.


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168 A number of mitigation measures are proposed to control dust and help reduce emissions when the site is re-developed and occupied.

169 ERM in assessing the ES considered the chapter on Local Air Quality and concluded that “Extensive air quality measurement and modelling have been undertaken and demonstrate, beyond reasonable doubt, that the application falls within AQMA targets.” It is also noted that the applicants have “correctly assessed the impacts of the development”.

170 The Council‟s Head of Environmental Services comments that construction dust can be adequately controlled by way of conditions and ensuring appropriate methods of demolition and construction are employed. It is further noted that the assessment of Operational air quality impacts is dependant on the traffic data from the traffic assessment” . The consultation response goes on to note that on the basis that KCC have accepted the traffic assessments, there “is no reason to dispute the air quality reports”. It should also be noted that ERM have also audited the Traffic Assessment and accept its methodology and conclusions.

171 It is noted that the predictions of existing levels of some pollutants are lower than some of the Council‟s predictions and measurements. However, it is recognised that this may be due to inherent uncertainties in the models and monitoring methods and that in any event which ever „base‟ is adopted the impact of additional traffic from the development is minimal and an objection could not be substantiated.

172 The Council‟s Head of Environmental Services has requested that if permission is granted, the proposal provides for an additional air quality monitoring station in the area. The applicants have made a commitment to make a contribution to enable the provision of an additional air quality monitoring station and its operational costs for the first year, via the legal agreement. Environmental Services support this provision and on this basis together with the conclusions of the ES state that no objections can be raised on sustained in respect of the impact of the proposal on air quality.

173 Having regard to the advice of PPS23 and policy NR7 of the KMSP and the evidence above, there is no evidence to demonstrate that the proposal;

would result in exceedance of the AQS objectives;

result in the designation of an additional AQMA; or

render an existing neighbouring AQMA unworkable. 174 The proposal would not offend the advice of PPS23 or development plan

policy with regard to air quality in the immediate locality of the site. No objections can therefore be raised or sustained in this regard.


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Noise Suitability for residential re-development 175 PPG24 „Planning and Noise‟ provides advice on how to establish the

suitability of land for residential development, particularly where land is affected by noise and transportation or industrial sources. It also provides advice on how the planning system can be used to minimise the negative effect of noise without placing unreasonable restrictions on development.

176 Policy NR6 of the KMSP states that;

“Development which would be sensitive to adverse levels of noise, air, light and other pollution will not be supported where such conditions exist, or are in prospect, and where mitigation measures would not afford satisfactory protection.”

177 Policy NR14 of the SDLP states that proposals for residential development

near a source of noise will only be permitted if they fall within an appropriate Noise Exposure Category (NEC) as set out in PPG24 and that noise sensitive development will not be permitted unless acceptable mitigation measures are proposed.

178 PPG24 recommends the use of four Noise Exposure Categories bands

(NEC‟s) which are designed to assist local planning authorities in assessing application for residential development in areas that may be exposed to noise. The bands are referred to as NEC A – D, with the table below detailing the advice of PPG24 about development potential within each of the bands.

NEC

Planning Advice

A Noise need not be considered as a determining factor in granting planning permission, although noise at the high end of the category should not be regarded as a desirable level.

B Noise should be taken into account when determining planning applications and, where appropriate, conditions imposed to ensure an adequate level of protection against noise.

C Planning permission should not normally be granted. Where it is considered that permission should be given, for example because there are no quieter sites available, conditions should be imposed to ensure a commensurate level of protections against noise.

D Planning permission should normally be refused.

179 Noise and Vibration forms a chapter of the ES and it is confirmed in paragraph

5.3.24 that “The assessment of existing and future levels of noise affecting the Proposed Redevelopment has been undertaken in accordance with the methodology contained within PPG24.”


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180 The original surveys conducted in relation to the ES were undertaken in 2005 and these concluded that of the four noise sensitive locations tested within the site (both during the day and night-time), all locations fall within NEC A or B during the day. However, one location (to the south of the site) was recorded as being classified as NEC C during night time surveys and this suggests that planning permission should not normally be granted for residential development in this area.

181 However, in explaining this finding the ES notes that the night time noise levels are only marginally lower than daytime levels at two locations despite there being relatively few train movements during the night time period. They go on to state “It is considered that this is primarily attributable to night-time HGV movements associated with existing industrial units on the site, which had a negative effect.”

182 Given that the site remains operational, it is accepted that this presents

difficulties in testing ambient noise levels and this could have reasonable affected the noise findings. On balance, and having regard to the noise levels likely to be associated with the operation of the plant and associated HGV movements, it is on balance accepted that the area defined as lying within NEC C could, subject to appropriate mitigation, secure appropriate noise levels to enable residential re-development.

183 In achieving appropriate noise levels, one of the Framework Plans that form part of the application includes details of the position of a „barrier block‟ along the western boundary of the site. This is accepted, in principle, as being an effective means of achieving acoustic mitigation to the scheme. The barrier block would be located a minimum of 30metres from the railway embankment and would be three storeys in height (as shown on a Framework Plan). Whilst dual facing, the ES has demonstrated that with appropriate glazing and alternative means of ventilation (e.g. mechanical) internal noise target values can be met within habitable rooms looking west towards the railway. It goes on to state that dwellings along the northern and southern perimeters are set further back from the railway than the barrier block and the provision of thermal double glazing and acoustic trickle ventilation should ensure noise targets are met. The private gardens for dwellings are located some distance from the railway, many of which are also enclosed within courtyards. Predicted day time noise levels are within the recognised target values.

184 The ES concludes that appropriate mitigation can be secured and further explored at the reserved matters stage to ensure compliance with PPG24.

185 ERM are satisfied that subject to appropriate conditions, the site is suitable for residential re-development and accords with the advice of PPG24. The Head of Environmental Health has not raised any objections to the proposal on the basis of unacceptable noise levels for future occupiers. They further advise that they consider “the proposals for mitigation measures are appropriate and that the design will afford adequate acoustic protection.”

186 It is therefore concluded that the site meets appropriate noise targets and appropriate mitigation can be secured by way of condition and detailed design


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at the reserved matters stage. There is no evidence to suggest that residential re-development of the site is unacceptable or unachievable in this regard.

Noise during construction

187 The noise predicted from construction traffic is negligible in relation to the existing noise levels associated with the existing operational requirements of the Cold Store. The ES concludes that no significant noise impact will therefore result from construction traffic. This conclusion is not disputed in terms of predicted traffic movements or noise associated therewith.

188 The ES details a number of suggested mitigation measures to reduce noise

emissions from construction works. These would be subject to a Construction Management Plan and could be secured by way of condition. Given the relationship between the site and neighbouring occupiers there is no evidence to suggest that noise from construction would cause unacceptable harm. Subject to conditions and having regard to Environmental Health legislation, it is considered adequate control over noise levels during the construction period can be achieved.

Nature Conservation

189 There are no statutory or non-statutory nature conservation designations within the site although it does lie adjacent to the western boundary of the Sevenoaks Gravel Pits SSSI which is managed as the Sevenoaks Wildlife Reserve by Kent Wildlife Trust. Rye Wood, which lies to the north of the site is classified as semi-natural ancient woodland with the eastern part of it covered by a Tree Preservation Order. The River Darent lies approximately 100m south of the site.

190 There are a number of modest habitat areas located along the boundaries of the site, in particular the scrub along the southern boundary and grassland to the west. Additionally, there are a number of buildings within the site which could provide habitat for protected and non protected species.

191 Planning Policy Statement 9 „Biodiversity and Geological Conservation‟

(PPS9) sets out the Government‟s vision and objectives for conserving and enhancing biological diversity. One of the key principles identified within this PPS states that planning decisions should aim to maintain, and enhance, restore or add to bio-diversity and geological conservation interests.

192 PPS9 goes on to recognise sites of biodiversity and geological importance including SSSI‟s, Local Nature Reserves, Ancient Woodland and other important habitats, networks of natural habitats and previously developed land. With regard to protected species, PPS9 states that “planning authorities should ensure that these species are protected from the adverse effects of development, where appropriate, by using planning conditions or obligations. Planning authorities should refuse permission where harm to the species or their habitats would result unless the need for, and benefits of, the development clearly outweigh that harm.”


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193 The general thrust of national advice is reflected in Policies EN5, EN6, EN7,

EN8 and EN9 of the KMSP and policy EN17C of the SDLP. 194 The issue for consideration is therefore whether the proposed re-

development, to include the creation of 2 new ponds, ecological areas, landscaped buffer areas and new habitats, would adversely affect nature conservation interests on and adjacent to the site and whether there are any appropriate mitigation measures that could counteract any negative impacts.

Impact on Protected Species Bats

195 Bats are a protected species within the UK under the Wildlife and Countryside

Act 1981 and there is a legal obligation to consider the impact of the proposed re-development on this species.

196 A Bat survey was undertaken by the applicants and this identified a number of potential bat access points in a number of buildings together with some evidence of bat presence in buildings. Furthermore, the woodland surrounding the site provides potential bar roost and foraging habitat.

197 The proposed re-development would result in the loss of a bat roost site and whilst no other roosts were found on site, the buildings could provide potential bat roosting areas. No trees are proposed to be felled within the site and existing foraging and commuting habitats along the site boundaries would be retained.

198 The suggested mitigation includes approximately 15 bat boxes, the installation of 10 bat roosts and the creation of a purpose built bat loft to be incorporated in to the design of a pavilion building. The bat loft would be designed to include a roof void of sufficient size to enable long-eared bats to fly in with a number of niches for crevice dwelling species. The replacement bat roosting habitat would occur prior to the demolition of the disused building containing the bat roost. Additionally, landscaping is proposed strategically around the site boundaries to mitigate any impact of increased light levels in their foraging or roosting areas outside the development area. The proposal also includes the formation of gardens, open space and ponds which create a foraging habitat that is of higher value than the existing industrial landscape.

199 In view of the mitigation proposed, it is considered that the proposal could result in a positive impact for local bat populations.

200 Natural England has advised that they support the recommendations contained within the ES in relation to bats and recommend a condition to secure the appropriate mitigation.

201 Having regard to the survey work and the proposed mitigation, it is concluded that the principle of re-developing the site, as proposed, would have a neutral to positive impact on the local bat population.


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Badgers 202 No badger activity or evidence thereof has been found within the site or 30m

of its boundaries. It is not considered that the proposal would harm the habitat or local population of this protected species.

Reptiles

203 The ES advises that the main areas of reptile habitat within the site are the railway embankment and scrub to the south east of the site and these would be retained. It does however recognise that habitat will be lost around the site margins. The proposed mitigation seeks to „trap‟ the reptiles and relocate them on to the retained and proposed habitat areas which would be predominantly along the southern and eastern boundaries of the site. The ES concludes that the formation of managed habitat areas would have a positive effect on local reptile populations.

204 Natural England raise no objections to the proposed mitigation and advise that it should be secured by way on an Ecological Management Plan, a matter that could be adequately dealt with by way of condition.

Great Crested Newts

205 The proposal could result in the loss of habitat area for Great Crested Newts although no survey work has been undertaken in this regard. Whilst disappointed that no survey work has been undertaken with regard to these species, Natural England are satisfied that survey work and appropriate mitigation could be secured through an Ecological Management Plan.

Water Voles and Otters

206 Water Voles and Otters populations can be found in the adjacent Reserve. The ES concludes that subject to the implementation of the proposed measures (in outline at this stage) to avoid impacts on water quality and sedimentation the proposal would not have a harmful impact on local populations.

207 Natural England are satisfied that subject to a condition regarding the need to prevent surface water and ground water pollution and sedimentation then the proposals would not harm water vole or otter populations. The need to secure appropriate drainage and pollution control measures is dealt with above and it is considered that an appropriate condition can be imposed.

Impact on Sevenoaks Wildlife Reserve SSSI

208 In assessing the impact of the proposals on nature conservation and ecological interests the applicants have had particular regard to the impact on the adjacent SSSI nature reserve which lies adjacent to the eastern boundary of the site.


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209 The applicants advise that the surface water run off from the existing industrial site is currently discharged through interceptors directly to the Reserve and indirectly from the Reserve to the River Darent. They conclude that the re-development would lead to a lower risk of pollution having regard to the change of use proposed, remediation works and the provision of a modern drainage system.

210 Kent Wildlife Trust, who are charged with the management of the Reserve, are keen to secure the provision of effective surface and storm water drainage arrangements, full details of which do not form part of the application. Subject to a condition to secure the submission and approval of appropriate drainage strategies, interceptors and measures to prevent groundwater contamination during construction, no objections are raised.

211 Natural England advise that subject to the mitigation measures outlined in the ES in relation to drainage and groundwater pollution prevention the changes to hydrology would not adversely effect the SSSI through changes to the hydrology.

212 It is considered that appropriate conditions can be imposed to ensure that the surface water and storm drainage arrangements do not harm the integrity of the SSSI.

213 Measures are also proposed to control dust and noise during demolition and whilst full details of mitigation would need to be secured by way of condition no objections are raised to the principles set out in the ES.

214 The proposal could lead to an increase in predatory animals in the SSSI, with cats being particularly problematic to ground nesting birds. Although there is existing protective fencing around most of the Reserve, the applicants propose to erect „cat proof‟ fencing along the eastern and western boundaries of the site, with this matter detailed both in the ES and provided for in the Design and Access Statement. It is also proposed to provide new residents with information about the need to reduce the risk of cat predation within the Reserve. KWT raise no objections to this subject to its final detail. Subject to securing appropriate fencing it is not considered that the proposal would result in material increase in predation by cats in the SSSI.

215 Light pollution and spill from any re-development could have a significant and harmful impact on the SSSI. In revising the scheme, the parameter plans provide a landscaped buffer along the southern and eastern boundaries, a design that is intended to provide a screen between the development and the SSSI. In addition to this, the applicants propose a number of further mitigation measures and consider that the proposed re-development could lead to a reduction in light levels in the SSSI when compared with the existing situation.

216 KWT “commend” the revisions made to the parameter plans including the formation of ecological/landscaped areas along the southern and eastern boundaries of the site as they would create additional habitats and effectively


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reduce light pollution to the adjoining SSSI. Natural England also supports the mitigation measures proposed in relation to light pollution.

217 Subject to conditions to secure details about drainage, fencing, a Construction Environment Management Plan, an ecological Management Strategy and Landscape Strategy all to include the appropriate mitigation measures outlined in the ES, KWT and Natural England are satisfied that the proposals would not harm the nature conservation interests of the adjacent Reserve. The proposals therefore accord with the advice of PPS9 and development plan policy in this regard.

General Biodiversity

218 The applicants have provided full survey information and details of the impact

on the scheme on the fauna and flora within the site as part of the Environmental Statement that accompanies the application. The conclusions of these surveys and conclusions are not contested.

219 Both KWT, KCC Ecology and Natural England support the proposed provision of 7500sqm of open space and ecological areas (to include ponds and landscaping and habitat areas. These represent an opportunity to positively contribute to nature conservation interests both within and beyond the site.

220 The ES concludes that during construction, subject to appropriate mitigation,

there would be no significant effect on nature conservation interests. On completion of the proposal, the applicants consider that there would be permanent positive effects on local populations of reptiles, birds, dormice, bats, Great Crested Newts and the Reserve.

221 ERM have advised that they consider the applicants to have prepared a comprehensive and well evaluated assessment of the proposal on nature conservation and accept that the proposed mitigation is appropriate.

222 In summary, it is accepted and concluded that the scheme affords potentially significant improvements to the ecological value and biodiversity of the natural environment. The proposals would not offend the objectives of PPS9 or development plan policy that seeks to preserve and enhance the nature conservation interests of the area.

Provision of Affordable housing

223 The Government is committed to the delivery of affordable housing, to meet local housing need (PPS1 and PPS3) and to contribute towards creating more inclusive communities and sustainable forms of development. No specific targets are provided at a national level with regard to affordable housing provision with LPA‟s directed towards establishing and meeting local need.

Level of Provision

224 The emerging South East Plan, which provides the policy framework for

development at a regional level. It seeks to achieve 35-40% affordable


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housing provision at a regional level. The draft plan has been out on consultation and been considered at Inquiry, with the Inspector‟s report awaited. Given its stage of preparation, the emerging South East Plan is a material consideration to be afforded the appropriate weight for decision making purposes.

225 Policy HP7 of the Kent and Medway Structure Plan deals with the provision of affordable housing. Paragraph 7.46 of the supporting text to this policy states that almost 30% of all new homes should be in the affordable sector.” It goes on to state that this is not a district level indicator but suggests the overall scale of the requirement for affordable homes in Kent. The Structure Plan provides the most up to date policy framework for the provision of affordable housing and its recent adoption (adopted July 2006) affords it considerable weight in decision making.

226 Policy H2A of the adopted Sevenoaks District Local Plan establishes the

thresholds at which development will be expected to provide affordable housing and the level of provision sought. Local Plan policy states that “the Local Planning Authority will expect an overall average provision of about 20% of the total number of units provided on sites which are above the relevant thresholds to be units of affordable housing.” The Local Plan is however not the most up to date document with regard to affordable housing and it is not proposed to „save‟ policy H2A for decision making purposes, with a report this effect currently with the Government Office for the South East for their consideration.

227 The advice of PPS3 and policy HP7 are therefore the most up to date basis on which to assess the proposals acceptability in respect of affordable housing provision.

228 The proposals provide 29% affordable housing, which generally reflects the

overall indicators established in the Structure Plan. The Council is currently failing to meet its affordable housing targets and the proposal would represent a 2 year supply. Having regard to these factors, the level of provision would make a significant and positive contribution towards increasing the supply of affordable housing in the District and meeting housing needs. The Head of Housing supports the level of provision and raises no objection in this regard.

Mix/Tenure

229 With reference to the applicant‟s Planning Statement, the proposed mix of affordable housing as follows;

30% one bed flats

50% two bed flats

10% two bed houses

10% three bed houses


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230 The Head of Housing has advised that whilst there is no overriding objection to the mix of units proposed, once the Housing Market and Needs Assessment (2007) has been analysed it may be necessary to adjust the mix from that detailed above. The legal agreement, discussed below, requires the submission of an Affordable Housing Scheme to detail such matters as phasing, numbers, location and mix. This provides an opportunity to adjust the mix to reflect the most up to date housing needs assessment. Accordingly, no objections are raised.

231 The affordable housing will be provided in a mix of tenures – with 53% being

social rented, 47% shared ownership. The social rented and shared equity homes to be managed by a registered social landlord or equivalent body. This split in tenure is considered acceptable and no objections are raised. The Section 106 agreement secure the provision of the affordable housing and discounted market housing and the tenure split.

232 The affordable housing units are proposed within each phase of the development and would be delivered alongside the open market dwellings. This is considered acceptable.

233 Overall, it is considered that the level of provision and manner in which it would be provided are acceptable and accord with the requirements of PPS1 and PPS3 and relevant development plan policies.

Impact on the Green Belt 234 Whilst the site does not lie within the Green Belt, the land to the east is

designated as such. Paragraph 3.15 of PPG2 „Green Belts‟ deals with the visual amenity of Green Belts and states:

“The visual amenities of the Green Belt should not be injured by proposals for development within or conspicuous from the Green Belt which, although they would not prejudice the purposes of including land in Green Belts, might be visually detrimental by reason of their siting, materials or design.”

235 Policy GB4 of the Sevenoaks District Local Plan reflects the national advice

identified above and establishes a requirement for development conspicuous from the Green Belt to be sited and designed to maintain the open character of the area, avoid detriment to visual amenity and minimise potential harm. It is therefore necessary to consider whether the proposal would be visually detrimental to the adjoining Green Belt.

236 The adjacent footpaths that run along the southern and eastern boundaries of the site provide the most sensitive public vantage points from which to appreciate the existing and proposed built form on site. At present, the built form varies in height and scale and does in places extend up to the boundary, with areas of hard standing and car parking also sited in close proximity to site boundaries. Whilst there is partial screening along these footpaths, views in to the site can be readily achieved.


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237 The Framework Plans provide for ecological areas adjacent to the southern and eastern boundaries and this would assist in providing a „green‟ transition between the built up area of the site and the adjacent Green Belt. Additionally, the Framework Plan limits the new dwelling heights to 2 – 2 ½ storeys along the eastern boundary. The scale of the built form, set back from the boundary, and the ability to achieve views through it would ensure that the views from the Green Belt were improved rather than harmed as a result of the proposal.

238 The Design and Access Statement indicated that high quality materials and finishes are proposed through the site and this would represent a further improvement to the visual amenities of the area.

239 The ES deals with Visual Impact and whilst not specific to the Green Belt, the conclusions contained therein in relation to the positive impact of the proposal from views to the south and east are supported.

240 It is therefore concluded that the visual amenities of the Green Belt would not be injured and the proposals would not conflict with the advice of PPG2.

Highway Implications

241 In support of the proposals, the applicants have submitted a Transport

Assessment Report (TAR) which was prepared by WSP Development. The scope of the TAR was agreed with KCC, as Highway Authority, and seeks to address the following;

the suitability of the development in the context of national and local transportation policies;

a transport strategy for the development;

the likely impact of the development on traffic on the surrounding road network.

242 In addition to the TAR, the ES also considers transportation matters.

243 KCC Highways have raised no objections to the methodology or competence

of the TAR. In addition to the audit of the TAR by KCC Highways, the Council instructed ERM to undertake an assessment of it. They concluded that “...in our view the TA has been prepared competently, in accordance with recognised professional methods, and is an accurate assessment of the likely transport impacts.” TAR and ES are therefore considered reliable and robust for the purposes of the assessing the transportation issues associated with the re-development proposals.

Sustainability

244 The need to encourage less dependence on private motor vehicles is a recurrent theme through national planning advice and development plan policy and forms a basis on which to consider whether the site is in a sustainable location and appropriate for a mixed use re-development.


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245 Paragraph 75 of PPG13 states that “…walking is the most important mode of

travel at the local level and offers the greatest potential to replace short car trips, particularly under 2km”. Within the walking catchment of the site (with walking times ranging from 0 – less than 25minutes) there are a number of employment opportunities, educational facilities, retail premises, leisure and healthcare facilities. In this regard, whilst the site is on the edge of Dunton Green, it is considered sustainable in relation to close proximity of services and facilities that are within defined walking distances. To further encourage walking as a mode of movement, the application includes proposals to re-surface existing footways on Station Road and Pounsley Road. A pedestrian link with improved lighting will connect the development to Pounsley Road where safety improvements would define a safer route under the rail bridge. Additionally, three local narrowing points to restrain traffic speeds along Station Road would also serve to provide safe crossing facilities. In addition to the above, a financial contribution of £30,000 has been secured towards improving footpaths and footways in the vicinity. This package of highway improvements and contributions would encourage walking as a means of transport, in line with sustainable development objectives.

246 The proposal would include cycle routes throughout the site, together with

cycle storage facilities for residential occupiers and businesses. In this regard the proposed re-development would encourage cycling as a means of transport. KCC Highways advise that “…the constraints of the local roads do not afford the opportunity for segregated lanes.”

247 Two commercial bus services provide regular and frequent services within 400m of the site. These services comprise the Tunbridge Wells to Bromley service and the Sevenoaks/Otford/Dunton Green circular route. In addition to these, there is a further bus service during „peak hours‟ between Sevenoaks station, Chipstead and Riverhead Tesco‟s. As part of the re-development, the applicants are proposing to contribute £469,780 towards improving bus services which would include the extension of an existing service along London Road and Station Road in order to serve the site. The enhancement of local bus connections would make a positive contribution towards sustainability objectives and encourage increased use of the service.

248 Dunton Green rail station lies 500m from the site and is situated on the Hastings to London (Charing Cross/Cannon Street) line. The trains operate on an hourly basis to Cannon Street and on a 2 hourly basis to Charing Cross. More frequent trains are available from Sevenoaks Station (2km) and these can be accessed by bus serves or trains from Dunton Green. The application secures a contribution of £60,000 by way of a legal agreement, towards improvements to the station. This facilitate improvements to the station to include help points, seating and lighting improvements. Improving the safety of users contributes to encouraging greater use of the rail station.

249 The TAR includes a framework Travel Plan for the site, the main objective of which is “To reduce car travel to and from the site by encouraging the use of alternative to driving to the site by car”. There are no objections to the principles set out in this Framework document and it is considered that an


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appropriate Travel Plan could be secured by way of condition and legal agreement.

250 Having regard to the existing services and facilities that are within close proximity to the site and the existing and proposed improvements to walking/cycling and public transport links, it is considered that the site is sustainable with the proposals including measures to reduce dependence on the private motor vehicle. The improvements to public transport links would not only benefit future residents/employees based on site but also the wider community.

Highway Proposals

251 There are three existing vehicular access points to the site from Rye Road and one from Pounsley Road. The application proposes to provide vehicular access to the site from Rye Lane only, with two of the existing priority „T‟ junctions accesses re-used and upgraded. The two new accesses would include footways on both sides of the road. The vehicular access from Pounsley Road would be closed and replaced with a pedestrian, cyclist and emergency vehicle only access.

252 As part of the proposed re-development, a number of „off site‟ highway works are proposed. These include improvements to the Pounsley Road which comprise widening the eastern end of the road and resurfacing of footways.

253 Environmental improvements are also proposed along Station Road including;

Carriageway narrowing to enable two cars to pass and provide a pedestrian crossing point at the junction between Station Road and the Station Approach;

Footway surfacing improvements on both sides of the road; and

Anti skid surfacing;

Formation of a new mini-roundabout at the junction between Station Road and London Road – this would replace the existing T junction which has substandard visibility in a southern direction and facilitate greater capacity at this junction.

254 The junction improvement would include pedestrian crossing facilities on the

eastern and northern arms including re-siting the existing zebra crossing at a “more appropriate distance from the junction” (as quoted from the TAR ).

255 The proposed mini-roundabout works would also include the provision of a „turning head‟ for no. 77 Station Road to ensure vehicles emerging from this driveway and the new junction can do so in a forward gear.

256 The TAR advises that “The junction arrangement has been subject to a stage 1 road safety audit that has been approved by KCC.”


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257 The highway works are required to be provided prior to the first occupation of dwellings on site.

258 The issue for consideration is therefore whether the proposed re-development of the site and associated highway works would prejudice highway safety or capacity.

Highway Capacity/Safety

259 In assessing traffic impact, the TAR is based on a scheme of 525 dwellings and 5000sqm of commercial floor space. This level of development exceeds that proposed and the consequential conclusions are therefore considered „worst case‟. In this regard, the basis of assessing traffic impact is considered robust.

260 With regard to the proposed vehicular access points in to the site from Rye Lane, ERM advise that the “highway visibility splays proposed are the best that can be achieved….the proposed visibilities are adequate.” KCC Highways do not raise any objections to the design of the proposed access points to serve the site. Accordingly, it is concluded that the design of the access points to serve the site would not prejudice highway safety and would accord with County requirements in this respect.

261 The TAR has adopted a number of parameters to investigate traffic impact

and is based on „opening year flows‟ which are derived from observed traffic flows (am and pm counts); traffic growth from 2004 to „year of opening‟ which is deemed as 2010; committed/potential developments in the area (including 34 units at Dunton Green Station, full occupation of BT building in Sevenoaks and the Tesco‟s store extension as currently proposed). It should also be noted that an allowance has been made for the removal of traffic generated by the existing West Kent Cold Storage facilities.

262 ERM have advised the Council that “the figures used in the traffic assessment

for calculations such as Vehicular Trip Rates are from 2001 Census date, and as such are realistic. A “parameters-based” approach has been adopted, which is an appropriate method to use.”

263 The TAR concludes that in the morning and evening peak hours the development would generate 211 and 102 additional traffic movements over and above the existing use of the site, of which 68% would be towards Riverhead (143 and 130 respectively). With regard to HGV‟s, there would be a significant reduction of movements in Station Road and London Road, with a reduction of 29 and 13 in peak hours (am and pm). KCC Highways do not dispute these figures.

264 Having regard to the above figures, KCC Highways advise that the new roundabout at Station Road/London Road junction would operate at about 77% of its capacity in the morning peak hour and 84% in the evening peak hour at which time it is anticipated that there would be a queue of 3 vehicles on Station Road on to the roundabout. The new roundabout therefore has


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the capacity to comfortably accommodate the increase in traffic and improve safety though achieving satisfactory sight lines.

265 The operation of the northern roundabout at Riverhead would increase from 79% of its capacity to 84% in the morning peak house. Its critical arms are Maidstone Road (A25 westbound) and London Road northbound but the development traffic would be mainly against the tidal flow in this period. In the evening peak hour the corresponding increase would be from 74% to 76% of capacity. KCC Highways consequently conclude that the roundabout would perform adequately and the proposed traffic generation could be accommodated.

266 The southern roundabout is considered critical, with the morning peak hour traffic increased by 1.9% and 2.5% in the evening. KCC Highways raise no objections to this on the grounds of insufficient capacity. ERM accept the basis of the analysis and modelling used to assess the impact of the proposal on this roundabout and note that “the net impact of the development will be a trivial increase in private cars and a small decrease in HGV’s in these critical flows.” They go on to conclude that “We agree with the TA’s conclusions that the development can be accommodated without improvements being necessary at either Riverhead North or Riverhead south junctions.”

267 „Rat running‟ is a local concern particularly with regard to Rye Lane which is not suitable for any significant increase in traffic. The TAR states that an analysis of survey data identifies that rat running of vehicles with an origin in the vicinity of the development site is predominantly „inbound‟ in the morning and „outbound‟ in the evening. They conclude that the rat running is therefore likely to relate to Dunton Green station and the existing employment use of the site, rather that existing dwellings along Station Road. The report goes on to conclude that the proposed employment element of the re-development would generate less traffic movements than the existing employment operation and the proposed mini-roundabout would improve both the capacity and operation of the junction making it more likely that residents would use this route rather than Rye Lane.

268 ERM advise the Council that “We agree with the TA’s conclusion that rat running is, if anything, likely to be decreased by the provision of an improved junction at Station Road/London Road.”

269 KCC Highways conclude that the report provides a “robust assessment” and that the impact of the development has been sufficiently addressed with regard to the capacity of the local highway network and safety of its users. This view is shared by ERM who have also independently assessed the TAR. Accordingly, there is no technical evidence to support an objection to the proposal on the ground of insufficient highway capacity and the mitigation measures proposed are considered entirely appropriate. The proposal accords with national advice and development plan policies in this regard.


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Car parking provision and management 270 Details of site layout and its design are „reserved matters‟ and do not form part

of the current outline application. However, the principles of car parking provision are referred in to the design parameters for the site (discussed in detail below) and the TAR advises that “car parking will be provided in accordance with the maximum standards set out in the Kent and Medway Structure Plan Supplementary Planning Guidance (September 2003)”. It concludes that the suggested parking provision would provide sufficient car parking spaces without resulting in overspill car parking on to adjacent roads or excessive level of parking that could encourage additional car ownership.

271 National advice and development plan policies actively seek to reduce car parking provision and given the accessibility of the site to alternative modes of transport (and the improvements being proposed) it is not considered that there is a basis on which to support „maximum‟ car parking provisions. However, given that parking provision and its layout does not part of the current application, it is considered that this matter could be adequately dealt with at the „reserved matters‟ stage where the need to reduce reliance on private car, and accordingly car parking, would be negotiated and assessed in detail.

272 Both KCC Highways and ERM are satisfied that the TAR submitted in support

of the re-development proposals is robust and that the parameters on which the traffic assessments have been based are acceptable. The Highway Authority “considers therefore that the developer has sufficiently addressed the scope of transport impact of this development and has proposed improvements to public transport and to highway infrastructure to mitigate the effect of this development.”

273 No objections are raised on the ground of impact on highway safety or

capacity and the proposal accords with national advice and development plan policy subject to appropriate conditions and the completion of a legal agreement to secure improvements and contributions, detailed above.

Design Framework 274 Considerable discussions and negotiations have taken place about the design

principles, framework plans and format of such information. As a result of these discussions, the original design framework and design guidance has changed significantly. With regard to the revised submissions, the Council‟s Urban Design Consultants, Tibbalds, comment “the proposals represent a very significant improvement over the initial submission, and this is welcomed.”

275 Whilst the scheme is outline, with only matters of access detailed at this stage,

the applicant has submitted a Design and Access Strategic Design Guidance document (dated June 2007). This document comprises the following;

Background analysis of the issues that have informed the submission;


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The Development Framework which establishes the overarching principles on which the proposal is based having regard to land use and density, access and movement, form, height and scale and matters of landscape and open space.

Strategic Design Guidance which sets out design principles and forms the basis of a design brief which would inform any future „reserved matters‟ applications for the site;

Detailed design guidance for „Parcel A‟ which comprises the barrier block along the western boundary; and

A Strategic Master Plan which draws together the aforementioned information and includes the Framework Plans which are based on the Development Framework cited above.

276 The Development Framework, Strategic Design Guidance and Framework

Plans provide certainty about a number of matters and enable an assessment of the proposals to be made in terms of design principles and, to a limited extent, site layout.

277 An illustrative layout plan was submitted as part of the above document and

this seeks to provide an example of how the design principles and frameworks can be interpretated. This layout plan is only illustrative and is not therefore binding in terms of design details or layout.

Land use

278 The principles of a mixed use development and the quantum‟s associated

therewith are referred to in earlier sections and are supported. The Framework plan provides for non-residential uses close to the entrance to the site. This is considered appropriate in terms of land use allocation as non residential users and visitors would be close to transport links thereby which would also discourage non residential traffic movements through the site. The remainder of the site is allocated for residential use, with associated landscaped areas. The land uses and their disposition across the site, shown on the framework plan, are considered acceptable and appropriate.

Density

279 PPS3 does not recommend any minimum or maximum density figures but encourages Local Planning Authorities to consider a range of densities across their area rather than one broad density range. Paragraph 50 of PPS3 states;

“Density is a measure of the number of dwellings which can be accommodated on a site or in an area. The density of an existing development should not dictate that of new housing by stifling change or requiring replication of existing style or form. If done well, imaginative design and layout of development can lead to more


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efficient use of land without compromising the quality of the local environment.”

280 Policy HP4 of the Kent and Medway Structure Plan deals with density of

development and states that in conjunction with the delivery of high quality design and to secure efficient use of land, residential developments should “achieve densities above 50 dwellings per hectare in central urban areas and in location with good public transport accessibility…”

281 The application includes a Framework Plan which refers to three distinct

residential density „zones‟ being provided within the site.

282 The „high density‟ residential development area is shown to be located to the north of the site, along the western boundary (to form the acoustic barrier) and in an area that would provide „pavilion blocks‟ along the eastern side of the proposed spine road that runs through the site. In these areas, development would range between 90-115 dwellings per hectare (DPH). This figure level of intensity is attributable to the flatted form of development proposed within these areas and the height (ranging between 3-4 storeys).

283 The „medium density‟ areas would provide 50 – 90 DPH and would be centrally located within the site. As above, these densities have been achieved by virtue of the form of development (flats and townhouses) of predominantly 3 storeys in height with 4 storey features at the „focal points‟ within the site.

284 The „low density‟ areas would provide 30-50 DPH and comprise predominantly two and two and half storey dwellings. The low density areas are shown to lie towards the southern and eastern boundaries of the site.

285 On the basis of the suggested no. 480 dwellings, the resulting net density of development equates to 69 DPH overall. It is however important to note that the precise density of development will be determined in part by the final design and mix of units proposed which are not currently „fixed‟ and would be further considered at any reserved matters stage.

286 Whilst not a city or town centre location, the site is well located in related to London and Sevenoaks bound rail services and local bus services. Additionally, the proposal includes measures to enhance provision for pedestrians, cyclists and public transport users with a extend bus route proposed and improvements to the railway station and footpath networks. Dunton Green has a primary school and is well located to local employment areas, shops, community and leisure facilities. Further, employment opportunities and a medical/community facility could be provided within the site itself. These factors all contribute to the site being in a sustainable location that could favour a high density development.

287 It is accepted that the overall density of development proposed is high and

exceeds that of the surrounding residential areas, a matter that is explored in more detail below. However, this is partially attributable to the form of development proposed, with over 60% being 1 or 2 bed flats. Having regard


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to the good public transport links, the improvements to these links and local walking and cycling routes, it is concluded that Policy HP4 of the KMSP supports a density of over 50DPH on this site.

288 Notwithstanding the above, the site is located at the edge of the built up confines of the District and adjacent to designated Metropolitan Green Belt land and for its landscape value. Whilst the impact on the Green Belt is considered above, these factors would suggest that a high density may not be appropriate where the site represents the transition between the built up and rural areas of the District.

289 The Framework Plan provides for a high density treatment to the western boundary of the site. This high density would be achieved by the formation of a continuous frontage building of three storeys in height, as required for acoustic reasons. Given the need for a built form of this length and height, the resulting density pattern is considered appropriate. The Plan shows a reduction in density of development towards the periphery of the site, with the central „medium density‟ area providing a transition to the low density areas that lie along the south and east boundaries. The siting of the low density areas is considered entirely appropriate and would secure a sensitive form of development on the edge of the built up area. .

290 The illustrative layout demonstrates that proposed densities could be achieved having regard to the Design Guidance (as discussed below) and without compromising the quality of the local environment.

291 In summary, provided the physical, social and economic implications of such a high density form of development are satisfactory, the densities proposed are not considered unsustainable or unacceptable in principle at this location. The disposition of the density zones within the site is considered appropriate and sensitive to the surrounding area. No objections are therefore raised in this regard.

Movement Networks

292 A Framework Plan has been submitted which provides certainty, inter alia, about key „movement networks‟ within the site and relates these to primary and secondary frontages of future built form. This plan therefore establishes the principles of street hierarchies within the site whilst addressing matters of permeability.

293 The plan details the two proposed accesses, as supported by KCC Highways,

and the formation of a primary road, referred to as the „loop‟ road, through the site. The „loop‟ road does not provide a north south vehicular link through the site, with only pedestrian, cyclist and emergency vehicle access proposed to Pounsley Road. The position of the „loop‟ road has been sited to take into account the changing grounds levels across the site and has regard to other „fixed‟ matters that form part of the application. It would provide access to residential and non residential uses and would be able to accommodate the proposed bus route, bus stops, HGV‟s and emergency vehicles. It would also provide access to „secondary‟ streets, two of which are also „fixed‟ as part of


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the submission. Having regard to the illustrative layout, it is considered that the position and function of the „loop‟ road would provide an appropriate access link into and around the site whilst enable the design objectives, as set out in the Design Guidance, to be achieved.

294 The Movement Network Framework Plan provides for a designated pedestrian and cycle route along the western side of the „loop‟ road. This would link Rye Lane to the north with Pounsley Road to the south thereby providing pedestrian and cyclist permeability through the site. The position of this cycle and pedestrian link is considered the most appropriate having regard to the proximity of the station to the north and the footpath to the south. Providing permeability through the site is important for integrating any new communities within the site with the existing area and in the interests of sustainability. The pedestrian and cycle links are therefore supported.

295 The Framework document provides clarity about the width and functions of the primary and secondary roads and confirms that they would be built to an adoptable standard and capable of allowing access to refuse collection and emergency vehicles.

296 It is considered that the position of the primary „loop‟ road, secondary roads and secondary frontages together with the pedestrian and cyclist links are appropriate and would secure appropriate permeability within and through the site. In addition to this, it is considered that the structure of the streets and the alignment of the „loop‟ road and secondary roads would create opportunities to a rich and varied townscape, with view and open spaces formed throughout.

297 Detailed Design Guidance has been prepared in relation to the character and

landscape strategies for each street type to include issues of road widths, widths between frontages, parking arrangements, matters of public realm and landscape for the „loop road‟, secondary streets, mews courtyards, private roads and parking. These matters are considered in greater detail below.

298 Overall, it is considered that the movement networks create appropriate street hierarchies, permeability and accessibility through the site, in accordance with PPS1, PPS3, PPG13 and development plan policies.

Open Space and Ecology

299 A Framework Plan for Open Space and Ecology identifies the following;

Water features;

Habitat areas;

Indication tree positions;

The proposed bat roost;

Play areas; and


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Green open space within new tree planting. 300 Green open space and habitat areas are shown to be sited predominantly

along the southern and eastern boundaries of the site, with an area of open space incorporating a water feature along the front boundary with Rye Lane. Having regard to the sensitivity of the southern and eastern boundaries and the need to create an attractive frontage along this part of Rye Lane it is considered that designated open areas are appropriately located and would secure an appropriate „soft‟ edges in any future reserved matter details.

301 It is considered that the position of the green open space and play areas are appropriately distributed throughout the site and would ensure that future occupants would have ease of access to these amenity areas. Indicative tree locations are shown throughout the site and provide an appropriate level of commitment to meaningful and abundant tree planting within the site.

302 The Landscape Strategy (as set out as part of the Development Framework) and the Open Space Character (as set out in the Design Guidance) provide for a series of formal open spaces, ecological open space and private spaces. The formal open space would comprise a series of „squares‟ along the loop road with the built frontage of the built form used to define them with landscaping introduced to provide visual and functional relief in the street scene.

303 Further green open space is proposed in the form of linear parks (adjacent to the SSSI to the east) and ecological areas to north and south, the latter of which would also provide a visual link with adjoining woodlands (Prices Wood to the south and Rye Wood to the north) The Design Guidance in relation to these areas establishes a number of principles associated with the function and landscaping of these areas which is considered to form a sound basis from which details could evolve at a later stage. Natural England and Kent Wildlife Trust raise no objections to the design guidance.

304 Overall, the design principles and siting of these areas is considered sensitive and appropriate and no objections are therefore raised.

Design Principles

305 In relation to site layout and building form, the Framework Plans include information pertaining to maximum building heights and key frontages. In addition to these matters, detailed Design Guidance has been prepared for the site which cross reference with the Framework Plans. In considering the principles of design and character, it is therefore necessary to consider the Framework details, Framework Plans and Design Guidance together.

Barrier Block

306 The western side of the site contains a „barrier block‟ and has been subject to considerable work and discussion. This area of any proposed re-development needs to fulfil a number of functions including;


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Providing a continuous barrier to noise from the railway line;

Forming a strong and attractive edge to the loop road thereby defining its character and providing an active frontage;

Ensuring that appropriate and secure parking can be achieved;

Ensuring appropriate amenity for future occupiers. 307 After considering a number of options, the treatment of this sensitive area now

comprises a highly modulated and articulated three storey range of buildings with varied roof forms, balconies and materials. The design guidance secures the creation of an active street frontage through the inclusion of 14 communal entrances along the frontage. Three accesses would be provided from the loop road to serve car parking areas which would be located to the rear of the built form, adjacent to the embankment of the railway line. The parking areas would be on reinforced grass bays with landscaping providing visual relief. Further landscaping would be introduced to the front and rear of the building, with the alignment and position of the rear façade „fixed‟ in a Framework Plan.

308 The design principles for this building and its associated car parking areas are robust and sensitive. The detailed design guidance demonstrates that a building of the form and height required could be achieved whilst providing an attractive, well articulated form of development that would make a positive contribution to the street scene, secure acoustic protection for the site and provide acceptable amenity for future occupants.

309 On the basis of the Framework Plans (detailing siting, height and relationship to loop road) together with the detailed design guidance that would form the basis for any future reserved matter submission it is concluded that the design principles for the treatment of this area are acceptable.

Other Built Form

310 Flat clusters are proposed within the high density areas of the site and are denoted on the Framework Plan as „focal points‟ within the development. These buildings would extend up to 4 storeys in height and would be located on prominent corner positions along the loop road, thereby defining the public open spaces, punctuating vistas along the street scene and introducing variation to the form and articulation of the development. The design guidance states that these buildings would be accessed from the main street and set back to incorporate soft landscaping around their perimeter. Amenity space would be provided through the proposed open green spaces (over 7,500sqm in total). These clusters would benefit from courtyard parking arrangements.

311 Pavilion apartments are proposed within the high density „zone‟ of the proposal and would be up to 4 storeys in height, with the 4th floor set back. They are intended to define the eastern side of the loop road, create a vista from one of the main entrances from Rye Lane. The design guidance goes on to note that the position of these buildings would also define vistas running


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west – east through the site. By virtue of their intended function to provide a transition between the residential and commercial areas, the design guidance states that they will create a “strong, contemporary feel that – at the same time – relates positively to the local area by incorporating Kentish materials.” It goes on to note that balconies would be integrated in to any design, with access from the main street. The set back of the 4th floor would enable a terrace to be created, with balconies and the open green space within the site providing additional amenity space. Car parking would be provided on the secondary roads and in small landscaped court yards.

312 Town houses are proposed between the flat clusters and therefore along the perimeter of the proposed development parcels. They be located within the medium density area with a height of up to 3 storeys. The Design Guidance states that each townhouse would front the road, with its rear overlooking a mews courtyard to the rear. The buildings would be set at least 1 m from the road with private gardens to the rear. Town houses along the loop road would have on street parking whilst those located on a secondary road would have in curtilage parking.

313 Detached and link detached dwellings are proposed in the „low density‟ zone

and would extend up to 2 ½ storeys in height (with accommodation in the roof). These dwellings would be located around the southern and eastern perimeter of the site and would front on to the private and secondary roads. They would be set back from the frontage of the highway and would be served by garages, on site parking and private rear gardens.

314 The non-residential uses located adjacent to the western boundary would extend up to 3 storeys in height, as required to provide acoustic protection to the remainder of the site. The remaining non-residential uses would be two storey in height. They would be accessed from the main loop road with the Design Statement noting that they “would be carefully designed to ensure the creation of a positive edge to the street” and that they would be “transparent” to create an active frontage. Areas would be provided for landscaping and parking with the latter screened where possible, subject to safety considerations.

315 The Framework Plans and Design Guidance require any development to become more permeable away from the main loop road, with greater setbacks, gaps between frontages and reduced heights achieved. The southern and eastern boundaries of the site would be more fluid and less formal, with the open spaces and gardens providing a visual link to the open land beyond these boundaries. This pattern or „grain‟ of development is considered entirely appropriate and represents a positive reaction to the constraints and opportunities of the site.

316 It is considered that the building forms and height would appropriately respond to the street hierarchy, with the more dominant built forms defining and characterising the main „loop‟ road through the site. Conversely, the building forms, height and density would respect and appropriately address the more sensitive southern and eastern boundaries of the site. The street hierarchy reflects the advice of the Kent Design Guide and could provide a well


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conceived, accessible and safe design solution for all users whilst effectively directing users through the site and creating vistas and views.

317 The parade of pavilion buildings would enable an effective transition between residential and non-residential uses and the contemporary design approach to these buildings is considered appropriate. It is also accepted that the scale and form of these buildings could secure an attractive entrance into the site and enable vistas to be created through it. The flat clusters would be located on prominent corners, defining public spaces and assisting in directing views through the site. They would visually be distinct by reason of height and it is considered that they could contribute towards creating a well articulated and varied street scene.

318 An appropriate level of open space would be provided within the site with the Framework Plan and design guidance demonstrating that it would be easily accessible to all residents. These areas would take a number of forms and these are supported in principle, contributing to the identity of any future development. Private amenity space is shown to take the form of balconies, terraces and garden areas with the variation offers scope to create a distinctive approach that would complement the open amenity areas.

319 A predominantly design led approach has been shown towards car parking provision and whilst further discussions are required in relation to car parking levels, the overall design approach to parking is supported. The Design Guidance introduces a variety of solutions from undercroft parking (taking advantage of the change in levels), on street, courtyard and private drives. The design guidance affords sufficient control over the detailing of these areas and suggests materials and landscaping solutions to ensure that they would not dominate the street scene or result in sterile environments. The design principles address the issues of safety and crime for these areas with appropriate levels of overlooking achievable.

320 The need to create „transparent‟ and „active‟ frontages for the non residential buildings is supported.

Other design issues

321 In addition to setting out the design principles and guidance for the form, height, density and character of the built form, the Design Guidance also refers to matters such as public realm, lighting and materials.

322 Whilst not definitive, a palette of materials is detailed for the various components of the scheme. Whilst these would be subject to careful consideration at any reserved matters stage, no objections are raised to the design concept on which they are based.

323 The design guidance for matters of public realm refers to street furniture including benches, seats, litterbins, bollards and signage. It notes that “Elements will be selected for their contemporary design and durability.” The overarching principles are supported and would ensure that these details integrated into the fabric of townscape, creating a high quality public realm.


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324 The Design Guidance recognises the need for appropriate lighting throughout

the site and the need to balance minimum lighting standards (for example on adopted roads and parking areas) with the need to minimise light spill and glare for both general pollution reasons and more specifically in relation to the SSSI and habitat areas surrounding the site. These general principles are supported and would be assessed in greater detail (having regard to siting and design) at a reserved matters stage.

325 The landscaping strategy for the site is supported, with the Design Guidance providing adequate comfort that a high quality landscape scheme would be achievable across the site. It further endorses the use of landscaping to create different characteristics to each street form or area of open space, as supported in the Kent Design Guide.

326 In summary, the Framework Plans and supporting Design Guidance are clearly thought through and provide clarity and assurance that the overall design principles for the scheme could secure a high quality development with its own identity and sense of place. Further, it is considered that they afford sufficient certainty about the density, height, form, movement patterns and open space within the site at this stage. The design principles accord with national advice, development plan policy and the Kent Design Guide. They are therefore supported, subject to appropriate conditions to ensure that the design guidance is translated and adhered to at the reserved matters state.

Impact on the surrounding area

327 Whilst it has been concluded that the overarching design principles on which the proposal is based are acceptable in their own right, it remains necessary to consider the impact of the proposal on the character and quality of the surrounding area. PPS3 states that design which is inappropriate in its context, or which fails to take the opportunity available for improving the character and quality of an area and the way it functions should not be accepted. The need for new development to respect its context it reflected in policy QL1 of the KMSP and policies EN1 and H5 of the SDLP.

328 The site lies on the edge of Dunton Green and is visually distinct from neighbouring residential areas by virtue of the railway line, woods to the north and south and the SSSI to the east. It is currently visible from public vantage points along Rye Lane, right of way SR103 that runs to the east of the site and footpath SR104 to the south. The current built form comprises utilitarian buildings of varying age, form and scale, ranging from approximately 3 – 12m in height, none of which are of any architectural merit or interest. The site is dominated by expanses of built form, hardstanding and car parking areas with minimal vegetation and landscaping within it.

329 The current built form on site does not make a positive contribution to the character of the area and offers no permeability through it for non commercial vehicles. It is considered that the site, as existing, is visually and functionally distinct from neighbouring residential areas which typically comprise two storey detached and semi-detached dwellings.


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330 The Framework Plans and Design Guidance suggest that any future

development at WKCS would represent a departure from the established pattern, form and character of the surrounding residential area. This does not however render the scheme unacceptable or harmful to the quality or character of the local environment per se. Indeed, having regard to the size of the site, its constraints and opportunities, it would not be appropriate to seek a re-development scheme that replicates the character or appearance of the surrounding residential areas as this would not achieve an efficient or innovative use of land, as advocated by PPS3 or required by development plan policy. Furthermore, the distinct physical and visual relationship with the neighbouring residential areas of Dunton Green provides an opportunity for any re-development to create its own identity whilst improving the quality of the area.

331 The urban design approach adopted, in terms of street hierarchies, building heights, form, character and landscaping are all supported, with the overall quality of the environment on site vastly improved as result of the proposals.

332 The height of the buildings proposed varies across the site, responding to urban design initiatives and topography. Several buildings would be higher than those existing on site, however, having regard to the setting in which they would be viewed and their disposition within the site, they would not appear alien or incongruous from wider views.

333 The proposals include access through the site, enabling it to become integrated into neighbouring residential areas. This represents a positive contribution to the way in which the area currently functions, providing safe and convenient walking and cycling links to local services and the railway station.

334 Whilst the development would be visible from public vantage points to the north, south, east and west, the proposed landscaped setting, set back positions of the built form from all boundaries and the topography of the site and surrounding area would ensure that the proposals would not appear unduly intrusive in view.

335 In summary, the existing site fails to make any positive contribution to the quality of the local environment and does in fact detract from the quality of the area. The proposed re-development has sought to create a high quality environment on site, with buildings of distinction and architectural merit. The proposed built form, together with the significant improvements to landscaping around the boundaries of the site and within it would represent a material improvement to the visual amenities of the area. The proposed permeability through the site would encourage integration with adjacent residential areas, thereby improving the character and function of the locality. Overall, it is considered that the innovative approach towards the re-development of the site would represent an opportunity to improve the quality and functionality of the area. There is no conflict with PPS1, PPS3 of development plan policy in this respect.


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Impact on adjoining occupiers and future occupants

336 Policy EN1 of the Sevenoaks District Plan that states that development should

not, amongst other matters, have an adverse impact on the privacy and amenities of a locality by reason of form, scale, height, outlook, noise or light intrusion or activity levels including vehicular or pedestrian movements.

Dwellings to the west

337 Kingswood Road lies to the west of the site with the rear gardens of the dwellings back on to the railway line. The railway embankment is positioned on higher ground levels that the application site. The „barrier block‟ of development along the western boundary of the site would be located between 14-30 metres from the railway embankment, with a minimum separation distance of over 60 metres between the proposed and existing dwellings.

338 Whilst the upper floor of the proposed barrier block could be visible from Kingswood Road, the separation distances together with existing and proposed landscaping would preclude any material loss of privacy or overlooking for these neighbouring occupiers. Similarly, the separation distances would ensure that the proposals would not have an overbearing visual impact or result in a loss of light.

Dwellings to the South

339 Pounsley Road lies to the south of the site, with Prices Woods proving an effective screening between the existing dwellings along this road and those proposed within the application site. Additional landscaping is shown to be provided along the southern boundary, with the „low density‟ 2-2 ½ storey dwellings being sited with their rear gardens facing south. Having regard to the screening, the scale and position of the proposed built form, it is not considered that dwellings in this area of the site would result in unacceptable levels of overlooking or appear visually intrusive or overbearing.

340 Any future reserved matters application would be carefully assessed in relation to the precise siting, design and landscaping for development in this locality in order to protect the amenities of neighbouring occupiers.

Dwellings to the East

341 An area of B1 use is proposed adjacent to the north east corner of the site, beyond which lie commercial premises and a dwelling. Under the terms of the Use Classes Order 1987, a B1 use is required, by definition, to be capable of being undertaken in a residential area without harm to amenity.

342 The existing use of the site falls within Use Class B2 and B8 neither of which is necessarily compatible in or adjacent to residential area. The proposed B1 uses are therefore more appropriate than those existing in relation to the dwelling to the east and would not cause harm by reason of noise, air or other


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pollution. The illustrative layout suggests car parking along the eastern boundary. Whilst this is not „fixed‟ it is in any event considered that this relationship would be satisfactory provided appropriate fencing and landscaping were secured, with the access road serving the dwelling providing a further separation between the car parking area.

343 The commercial premises to the north east of the site would be up to two storey in height and would not therefore appear visually dominant or intrusive.

344 It is considered that B1 uses would represent an improvement to the amenities of the neighbouring occupier over the existing situation and the built form would not, in principle, be overbearing.

345 There would be no harm to the amenities of the neighbouring commercial premises by reason of the proposed re-development proposals.

Traffic and activity impacts along Rye Lane

346 There are a number of properties along Rye Lane and Station Road that may appreciate the change in traffic patterns that would result from the proposed re-development. The ES that accompanies the application states that in the morning peak period there would be a 64% increase in vehicles using Station Road and a 74% decrease in HGV‟s whilst in the evening peak period there would be a 71% increase in vehicles and a 63% decrease in HGV‟s.

347 As discussed above, the ES has demonstrated that air quality will not be prejudiced by the proposal, a view supported by both the Council‟s Environmental Health Officers and ERM who independently assessed the document. The amenities of residential occupiers along Station Road and Rye Lane would not therefore be prejudiced by a material increase in air pollution as result of changed traffic patterns.

348 It is considered that the increase in traffic flows along Station Road and Rye Lane would be offset by the reduction of HGV movements and that no harm would result in terms of noise or disturbance. Additionally, the night time HGV movements would cease and this represents a material improvement to residential amenity.

349 Overall, whilst the change in travel patterns associated with any re-development may be perceptible to local residents, the net effect is considered neutral and a refusal of permission on this ground could not be sustained.

350 On the basis of the Framework Plans, Design Guidance and ES it is not considered that the proposed re-development would harm the amenities of any adjoining occupiers, with the ability to consider matters of detail in any subsequent reserved matters application.


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Future Occupants

351 Whilst outline in nature, the Design Guidance together with the Frameworks plans enable an assessment to be made about the likely amenity of future occupants at this stage and ahead of any reserved matter details. It is considered that the level of amenity space afforded to the dwellings, in the form of private garden areas, balconies, terraces, open space and children‟s play areas, is acceptable in principle. The position of the open space and children‟s play areas, as shown on the Framework Plan, would ensure easy access for all future occupants.

352 The Design Guidance indicates that appropriate separation distances could be achieved between the residential units and subject to consideration of details of siting and design at the reserved matters stage, it is not considered that the outline scheme would prejudice the ability to achieve appropriate levels of privacy.

353 There are no indicators that suggest, at this stage, that any of the dwellings would fail to achieve appropriate levels of day light and sunlight or that any unit would be unduly dominated by adjacent built form. These issues would of course be considered in greater detail as part of any reserved matters application.

354 It has been demonstrated within the ES, as detailed in preceding sections, that the residential units would not be adversely affected by unacceptable levels of noise or vibration.

355 Whilst B1 use is required to be capable of being undertaken in residential areas, the Design Guidance sets out the nature of the boundary treatment between the commercial and residential areas which would comprise of fencing and landscaping. This is considered acceptable in principle.

356 Overall, it is considered at this stage that adequate safeguards have been incorporated in the Design Guidance to ensure that appropriate levels of amenity could be achieved for future occupants, in accordance with development plan policy.

Section 106 Legal Agreement matters

357 In order for the re-development proposal to be considered acceptable, it is necessary to ensure that the local social, physical and economic infrastructure can support the increase in population, a matter this is supported by PPS1 and policy IMP1 of the KMSP and policy PS2 of the SDLP. If the existing infrastructure cannot sustain the increase in population it is appropriate to secure appropriate mitigation or improvements, as appropriate. It is therefore essential to consider whether the local infrastructure can accommodate the potential increase in population and if not whether appropriate mitigation measures/contributions, to be secured by way of a legal agreement can overcome these inadequacies.


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358 At the time of preparing this report, a draft section 106 has been prepared and submitted and it is on the basis of these agreed matters and contributions that the report is based. Should a satisfactory final legal agreement fail to be produced, agreed and engrossed, the Council would raise an objection in this regard. Notwithstanding the aforementioned, for the benefit of this report, the matters agreed in principle as part of a draft legal agreement will be assessed.

359 Kent County Council have produced a „Developers‟ Guide to Contributions for Community Facilities‟, last updated in January 2007, and this aims to provide and promote a consistent and transparent approach across Kent towards the requirements for and the calculation of development contributions for KCC provided services. This document has been used in determining levels of provision sought. A clause has been provided that enables a review of the levels of contributions sought should the current housing mix across the site change.

Education

360 On the basis of „applicable dwellings‟ (applicable meaning that the County Council do not seek contributions on 1 bed units of less than 56sqm), the County Council has advised that there sufficient capacity in local secondary schools to accommodate the forecasted increase in children that would result from the scheme. Similarly, they have formally advised that in relation to the capacity of primary school there is adequate capacity on the basis of the current proposed mix. In order to protect against any future increase in the number of „applicable‟ units on site, which would be determined as and when the final mix of units is considered at reserved matter stages the draft legal agreement provides a formula to enable a review of these contributions. This is considered an appropriate safeguard to ensure that education requirements can be re-assessed as the details of any scheme emerge.

Adult Social Services

361 KCC have advised that on the basis of 480 units, £649,324.80 is sought to meet adult social service requirements that would be created from the development. The applicants have agreed to provide financial contribution and it is accordingly included within the terms of the legal agreement. This contribution would be used to provide additional services within the District. As above, a formula has been included so that should the number of units be increased above 480 (up to the maximum of 500 as per the terms of the application), the level of contribution would increase proportionally.

Primary Care Trust

362 The West Kent Primary Care Trust (PCT) is the provider of medial facilities in the area. At the pre-application stage they indicated that they would support the provision of a medical community facility on site and was accordingly reflected in the outline application, with the legal agreement originally drafted so that the applicants would provide this building on a commercial basis. However, since the submission of the application the PCT has advised that


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due to their financial position they “are now unable to commit to the financial cost of a new medical facility as previously discussed and agreed.” They go on to advise that based on a recognised model, they calculate that the proposal would generate a financial requirement of £302,400.

363 In order to retain the ability to provide an on site medical facility, should the PCT find themselves able to fund and staff this within the immediate future, the draft legal agreement has been prepared to allow the facility to be provided on site. However, if after further consultation with the PCT this option remains undeliverable, the applicants have agreed to provide the requested monies to the PCT with a clause to ensure that it is spent within 5 miles of the development.

364 In view of the circumstance, it is therefore considered that the draft legal agreement has been prepared to ensure maximum flexibility in the manner in which medical services and facilities are provided to meet the needs of the proposed increased population. No objections can therefore be raised in this regard.

Community Facilities

365 Given the likely scale of any re-development of the Cold Store site and the

associated increase in population, there is a recognised need to provide additional community facilities. It is considered that the most appropriate mechanism to provide enhanced facilities would be to either improve existing facilities or provide a new one.

366 No decisions or commitments have been made with regard to the most appropriate mechanism through which to deliver the required community facility improvements. However, it is considered appropriate that the Council undertakes to do a comprehensive and inclusive consultation exercise to understand the need and determine the preferred mechanism to deliver the community facilities. The need for a public consultation exercise is drafted in to the terms of the legal agreement.

367 Notwithstanding this, in order to secure community facility improvements, the draft legal agreement allows for the following;

the construction of a new community building, at the developers cost, on site (only if the PCT remain unable to provide a medical facility on site AND if the consultation exercise determines the site to be the most suitable location) together with a contribution of £454,894.50.

If the consultation determines that a community facility would be most appropriately located off site, a sum of £1,234,894.50 (which allows £790,000 for the construction costs of the building).

368 For clarification, the community facility contribution has been based on the

following;


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£790,000 for a new building;

£92,000 for a youth worker for a 3 year period;

£103,680 towards library facilities (as advised by KCC)

£79,440 towards Adult Education (as advised by KCC)

£169,774.50 youth and community (as advised by KCC)

369 In order to secure the delivery of a community facility to meet community needs, it was deemed appropriate with combine the above contributions as requested by KCC to form the overall sum being requested as part of the legal agreement. However, the consultation exercise will determine how (and therefore by whom) the money will be spent. The legal agreement requires that all the monies come to the Council for distribution following the finalisation of plans for the community facilities. This would allow the Council‟s Community Development team, in conjunction with the planners, to undertake community improvement initiatives and employ a youth worker. It should also be noted that the Council are obliged to undertake the consultation exercise 18months from the date of any outline permission.

Highways/Accessibility

370 In compliance with PPS1, PPG13 and development plan policy, KCC Highways have requested a number of measures to accord with the principles of encouraging more sustainable patterns of travel. The applicants have accordingly agreed to prepare and submit a Travel Plan prior to first occupation of the commercial land/buildings. In addition to this, the draft legal agreement requires any commercial occupier to appoint a Travel Plan co-ordinator who will be responsible for implementing any agreed Travel Plan with monitoring undertaken on an annual basis. This aspect of the draft legal agreement accords with the requirements of KCC Highways.

371 KCC Highways have advised that following discussions with public transport providers and in the interests of sustainability (to further the objectives of PPS1, PPG13 and development plan policy) they would seek the following contributions to improve public transport services;

Up to £469,000 towards the provision of a new bus service for the site and improvements to the frequency of local bus services;

£63,000 towards improvements to Dunton Green Railway Station to include CCTV, lighting and a help point;

372 In addition to the above, in order to encourage alternative modes of travel

other than private vehicles, KCC Highways have requested a contribution of £30,000 to improve footpaths and pedestrian routes within 1 mile of the site and to include the re-surfacing of Pounsley Road Underbridge.


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373 The applicants have agreed the above and these obligations have accordingly been reflected in the terms of the draft section 106. In this regard, it is considered that the proposal would adequately encourage alternative modes of transport and contribute towards achieving a more sustainable form of development.

374 As part of the proposal, a number of off site highway works are proposed, as discussed previously in this report. The works include improvements to Station Road including a new roundabout junction with London Road and improvements to Pounsley Road (excluding the re-surfacing detailed above). The draft legal agreement secures the provision of the works prior to the first occupation of any dwelling on site. KCC raise no objection to the timing of these works.

375 The draft legal agreement contains standard clauses and provisions to ensure

that the monies are used for works directly related to the development, within a specified distance and within a specific timeframe.

376 Having regard to the direct implications of this significant scheme on local services and facilities, the overall package of contributions accords with Government advice and would ensure the development would not place undue strain on such services. The level of contributions and the manner in which they are allocated is justified and acceptable.

Other Matters

Affordable Housing

377 The level, tenure and mix of affordable housing is agreed in principle. The draft legal agreement has been prepared to reflect this level of provision and tenure, with a „cascade‟ mechanism included to enable a change in the tenure mix should funding not be received from the Housing Corporation for social rented units. This mechanism would allow, after an agreed period of time, the provision of shared ownership housing instead of social rented where funding has not been granted. This mechanism is frequently adopted and after negotiation is now considered to be in an acceptable form to secure the delivery of affordable housing on site with optimum timescales allowed to secure funding for social rented units. The legal agreement also requires the submission of an Affordable Housing Strategy with the phasing, location and mix of units to be agreed with the Council. The Head of Housing supports the submission of an Affordable Housing Strategy for the site.

378 It is therefore concluded that the draft legal agreement secures the delivery of the affordable housing element, in accordance with PPS3 and development plan policy. No objections are raised to the principles or details of this element of the agreement.

379 In summary, the terms of the legal agreement as detailed above have been agreed in principle with appropriate timings secured for the delivery of services and other requirements. Without these provisions, both financial and otherwise, the scheme may not be considered acceptable.


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Phasing 380 The Design and Access Strategic Design Guidance documents states that six

separate phases of development are proposed and that “The programme has been designed to ensure the safety of the residents of those homes completed early on in the development process and to provide adequate amenity. It will also provide for the early provision of non-residential uses as part of the demand-led and economically sustainable strategy. Demolition and remediation of the site will either be carried out as a whole or in a site sequential basis.”

381 The medical or community facility (dependant upon the PCT and the

community consultation exercise associated with the community facilities) would be delivered in tandem with the development with precise timescale for delivery dependant upon the community consultation exercises and the findings thereof.

382 Of the six phases, the commercial area to the north west of the site adjacent to Rye Lane would form phase two, with the remaining commercial area to the north east of the site forming the last phase. It is considered that the delivery of some commercial floor space in the early stages of the development shows an appropriate level of the commitment to the mixed use nature of the scheme and its sustainability objectives. The barrier block along the western boundary is would be provided as part of phase 1 and 3 and this is considered appropriate in order to secure the acoustic protection measures across the site.

383 Overall, subject to appropriate conditions to control the precise details of phasing, the suggested phasing is considered acceptable in principle.

Air Quality

384 Whilst the conclusions of the ES in relation to air quality (which shows at worst a neutral affect) are accepted, given the scale of demolition and development proposed, it is considered appropriate to undertake additional air quality monitoring in the area to ensure that the mechanisms suggested to reduce air pollution are working. Accordingly, the legal agreement makes provision for a contribution to provide and install an additional air quality monitoring station and the associated operational costs for its first year. The Council‟s Environmental Health Department welcome this inclusion and raise no objection to the terms of this contribution.

Conclusion 385 It has been demonstrated to that the existing facilities are nearing the end of

their useful life and that re-development for cold store facilities is not a viable option, with associated environmental concerns. KCC has advised that strategically the site is unsuitable for large scale employment use re-development with the preferred option being a mixed use development. The


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loss of the site from pure employment use does not offend development plan policy.

386 The mixed use scheme, comprising residential, commercial and

medical/community use, accords with national advice and development plan policy in principle. The proposal is considered to accord with sustainable development objectives, reflecting PPS1, PPS3 advice and development plan policy.

387 It has been demonstrated that the site can be appropriately remediated for its

proposed use, subject to appropriate conditions, and that there are no other environmental issues (air quality, noise, vibration, flood risk, nature conservation interests or other) that preclude the principles of the mixed use scheme proposed.

388 A full Transport Assessment Report, together with additional information

contained within the ES, was submitted as part of the application. KCC as Highway Authority and ERM, independent consultants who have reviewed this information on behalf of the Council, both advise that the conclusions drawn are acceptable and that subject to conditions and legal obligations, the proposals would not compromise highway safety for any users or capacity. The improvements to pedestrian, cycling and public transport links all are supported by PPG13 and contribute towards sustainable development objectives.

389 The proposals would secure the delivery of affordable housing and accords with the development plan in this regard. The suggested housing size and tenure mix are no objected to. The draft legal agreement secures the provision of the affordable housing.

390 The outline application is based on Framework Plans and Design Guidance. The principles of the density zones are supported, as is the disposition of land uses within the site. The Design Guidance demonstrates that the suggested density of development can be achieved whilst securing a high quality development based on robust and supported design principles. The overarching design principles are innovative and would secure an sustainable form of development with a strong sense of identity. Significant areas of open space and ecological areas are proposed, the principles and siting of which is supported. Details of siting, final design details, landscaping and appearance are all reserved matters.

391 The principles on which the design of any subsequent scheme would be based would improve the visual amenities and function of the site and wider area. It is not therefore considered that the development proposals would be harmful to the character or appearance of the locality.

392 The Framework Plans and Design Guidance demonstrate that the amenities of neighbouring occupiers would not be prejudiced.


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393 A draft Section 106 legal agreement has been prepared, the terms of which are supported and would ensure the appropriate infrastructure improvements were made to support the re-development of the site.

394 Overall, the proposal demonstrates compliance with all national advice (as contained within PPG‟s and PPS‟s) and development plan policy. There is no technical evidence to support the refusal of the outline scheme. On this basis, the outline application is recommended for approval, subject to conditions and the completion of a legal agreement.

Contact Officer: Karen Clark Extn 7313 Gilian Macinnes – Head of Development Services