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2014

Note: This plan is provided for purposes of siteidentification only.

DOV/14/00842

Land at Salvatori

North and South of Grove Road

Preston

TR24906152

Dover District Council Licence Number 100019780published

Dover District Council

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Dover District Council

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Dover District Council

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Dover District Council

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Dover District Council

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Dover District Council

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a) DOV/14/00842 - Outline application for the erection of 73 residential

dwellings and related infrastructure, together with the creation of meadow-land (existing buildings to be demolished) (all matters reserved) - Land at Salvatori, Grove Road, Preston

Reason for report: The number of third party contrary views and as the

proposal is a departure from the Development Plan. b) Summary of Recommendation Recommend approval. c) Planning Policy and Guidance Core Strategy (CS)

The Core Strategy sets out the overall ambitions and priorities for the district.

• Policy CP1 states that the location and scale of development in the district must comply with the Settlement Hierarchy. The Hierarchy sets out that Preston is a village; a tertiary focus for development in the rural area, suitable for a scale of development that would reinforce its role as a provider of services to essentially its home community.

• Policy CP2 states that land will be identified for 14,000 additional homes for the period 2006-2026.

• Policy CP3 states that land to be allocated to meet the housing

provisions of CP2 will include land for 1,200 homes in rural areas.

• Policy CP4 sets out that planning applications for ten or more dwellings should identify the purpose of the development in terms of creating, reinforcing or restoring the local housing market in which they are located and develop an appropriate housing mix and design. Density will be determined through the design process and should wherever possible exceed 40 dwellings net per hectare and will seldom be justified at less than 30 dwellings net per hectare.

• Policy CP5 states that new residential development should meet Code

Level 4.

• Policy CP6 states that development that generates a demand for infrastructure will only be permitted if necessary infrastructure to support it is in place or there is a mechanism for it to be provided.

• Policy CP7 states that the integrity of the existing network of green infrastructure will be protected and enhanced.

• Policy DM1 states that development will not be permitted on land

outside the rural settlement confines unless specifically justified by other development plan policies, it functionally requires such a location or is ancillary to existing uses.

• Policy DM2 states that permission for changes of use or redevelopment of land and buildings currently or last in use for employment purposes will only be granted if the land or buildings are no longer viable or appropriate for employment use.

• Policy DM5 seeks 30% affordable housing to be provided on-site. The

exact amount will be determined by economic viability, having regard to individual site and market conditions.

• Policy DM11 states that development that would increase travel

demand outside the settlement confines will not be permitted, unless justified by development plan policies.

• Policy DM15 states that development that would adversely affect the character or appearance of the countryside will only be permitted if it meets certain criteria.

Dover District Local Plan (DDLP)

• Saved Policy OS2 states that proposals for new family housing

comprising 15 or more dwellings will not be permitted unless children’s play space is provided its long-term maintenance secured.

• Saved Policy OS3 states that housing will only be granted where long-term arrangements are provided to meet open space.

Material Considerations

National Planning Policy Framework (NPPF) The NPPF states that at its heart is a presumption in favour of sustainable development, to be seen as a golden thread running through decision-taking. It sets out that there are three dimensions needed to achieve sustainable development: economic, social and environmental roles.

Kent Design Guide (KDG)

Sets out design principles for new development.

Manual for Streets (2007) and Manual for Streets 2 (2010) Provide guidance and case studies on residential street design, to encompass both urban and rural situations.

Building for Life (2012)

Provides advice to involve local communities in planning, to create attractive, functional and sustainable places.

Strategic Housing Market Assessment for the East Kent Sub-region (SHMA) final report and annexes (June 2009)

The SHMA examines the demography of the district, the existing housing stock, the market and the future housing market. It was used to set CS policy requirements.

Affordable Housing Supplementary Planning Document (SPD)

The purpose of this SPD is to alert developers to the scale and need for affordable housing and how it will be secured. Dover District Land Allocations Pre-Submission Local Plan incorporating the Addendum and Proposed Minor Changes (January 2014)

This sets out the proposed land allocations for the district and was considered by the Inspector at the Examination in January – February 2014.

Schedule of Main Modifications to the Dover District Land Allocations Local Plan (August 2014) This was compiled to reflect the Inspector’s comments following the Examination and has recently finished its consultation process.

Preston Parish Plan

Preston Parish Plan 2006 has been adopted and compiles parishioners’ views on subjects such as traffic, transport, crime and housing and provides an action plan. It recommended undertaking a Housing Needs Survey and investigating the production of a Village Design Statement.

Preston Village Design Statement The Design Statement sets out key principles for development.

Housing Needs Survey

A Housing Needs Survey was carried out by ‘Action with Communities in Rural Kent’ with the support of Preston Parish Council. It identified a maximum of thirteen affordable homes needed for local people and stated that a mix of 1, 2 and 3 bed properties would help meet existing and future housing needs of the parish. There was a 16% response rate.

Dover District Employment Update Report (September 2012)

This reviews the evidence base that underpins the Council’s employment policies and site allocations, in light of the changing economic circumstances and the national planning policy context.

d) Relevant Planning History The planning history of the Salvatori depots dates back to 1949 and includes

a variety of consents for packing sheds, fruit-loading and vegetable handling sheds, offices, cold stores, canteen, agricultural and horticultural buildings.

e) Consultee and Third Party Responses

Environmental Health: No objections, subject to conditions. Housing: Draws attention to the CS policy relating to affordable housing. If the Council’s policy of seeking 30% affordable is applied, would be looking for up to 22 affordable homes, ideally of a mix of affordable house types and tenure types. Further views are awaited in relation to the plot of land offered by the applicant to the Council, as a potential site for social housing to be built in the future.

. County Highways: No objections. When comparing the trip rates of the proposal compared to the existing Salvatori site, the proposal would generate less than a 5% increase on the highway network and is unlikely to have a severe impact. An acceptable scheme for pedestrian improvements in The Street will need to be agreed and would be subject to a separate assessment process under highways legislation and a report to the Dover Joint Transportation Board. Environment Agency: No objections, subject to conditions. Internal Drainage Board: No objection, subject to a condition to restrict the run-off from the greenfield site to be restricted to the existing greenfield rate, preferably by the use of open SUDS and for the brown-field sites returned to green-field, as proposed.

Public Rights of Way: No objections. Advises that the public footpaths will form a link to the site and can be used to access shops and facilities. Requests a financial contribution for the upgrading of public footpaths EE153 and EE142, to provide an all-weather route, which would benefit from surface improvements to accommodate the increased use. Natural England: No objection to the impact of the proposal on internationally and nationally designated sites. Provides advice. Southern Water: Additional off-site sewers or improvements to sewers will be required to provide sufficient capacity (under the Water Industry Act). Alternatively, the development can be designed to discharge foul flow no greater than existing levels. Rural Planning Ltd: The proposal includes the loss of 5ha of orchard and open arable land, which appears to be Grade 1 (excellent quality) agricultural land. The proposal would be likely to be a ‘significant’ development of agricultural land in terms of the NPPF. Kent Police: Provides advice in relation to incorporating measures to minimise the risk of crime. Community Safety: No comments received

Veolia Water: No comments received. EDF Energy: No comments received. Scotia Gas Networks: No comments received. Transco: No comments received.

Preston Parish Council: Objects on the following grounds:

• The site is outside the village confines; • The Village Design Statement states that development should be

small-scale, not large housing estates; • The overwhelming view of parishioners (84%) was that 73 houses is

too high a price for removing the commercial use of the Grove Road site;

• The operation of the Grove Road site has been an issue for the village for a long time, mainly due to the large fleet of heavy haulage vehicles that negotiate the narrow lanes and main street of the village;

• Whilst there is some appetite within the community to consider some development to ensure the removal of the transport operation, the current application represents too high a price to pay;

• Concerns about the remediation proposal. It was understood that the operation would relocate, all buildings would be demolished and the site remediated before the construction of any housing and that the commercial site would become grazing land;

• A development of this scale would bring issues with greater car movements, which would require passive traffic control measures to restrict traffic speeds, particularly through the village. There are concerns with the lack of continuous footways and crossing points through the village;

• Drainage of the site is proposed to run down through the former refuse disposal site and discharge into a watercourse and there are concerns about the potential to contaminate the watercourse;

• Concerns about the existing problems with foul drainage in Preston and that the existing system would not be able to cope;

• The proposal does not reflect the social mix of the village, being for substantial 4-5 bedroom houses. No provision is made for smaller units or first-time buyers. No provision is made for affordable housing for local families;

• A copy of the questionnaire sent to the parishioners has been submitted together with a full set of the results of the respondents;

• A further letter has been submitted by the Parish Council, in response to the applicant’s ‘Review and Critique’ of the Parish Council survey. The letter maintains that the survey was conducted to a high standard and is a valid representation of the views of parishioners.

Wingham Parish Council: Objects, due to the direct impact that the proposal would have on Wingham and its residents. The significant increase in the number of dwellings in a neighbouring village would have an impact on the community. No plan for the mitigation of traffic problems is put forward. In particular, there are concerns about the impact that 73 new dwellings would have at the junction of Preston Hill and the High Street. Any proposal should pay careful consideration to mitigation of traffic problems.

Public representations: 352 letters of public representation have been

submitted; 228 letters in support of the scheme and 123 objecting to the scheme. A petition against the development has been submitted by PROUD, with 231 signatures.

225 letters of support have been received, setting out the following planning considerations:

Relocation of Salvatori

• The business has outgrown the site; • The depot is in a bad location and has caused complaints from residents; • Preston would become safer and more desirable; • Removal of noise, dust, pollution and broken sleep; • Preston village has tried for years to curtail the lorry movements; • Future local employment numbers will depend on this application; • Salvatori cannot grow in its current location; • Concern about employment stability in the current location; • The roads are difficult for Salvatori trucks; • The site is miles from main route; • It is the type of business that drives the economy; • It would remove concerns about HGV traffic, which impacts Chandler &

Dunn sites at Perry Farm and Goldstone Farm. Wants to see Salvatori remain successful, as it provides a valuable service to the farming business;

• The Company Transport Manager has dealt with local residents over the years and the company has generated a negative impact within the village. This application provides a possible solution to years of local opposition, with many members of the Parish Council, local residents and MPs having previously suggested a housing scheme to enable the business to relocate;

• If this application is rejected, another opportunity may not come forward for many years;

Provision of housing • There is a great need for housing; • Preston would benefit from more young families in the community; • It will benefit the village shop, butcher, pub and the village school; • The area needs a low-density, high quality scheme; • It would be easier to install traffic calming measures for cars than lorries;

Financial contributions • There will be significant benefits for the Parish Council and community

through the funding of the village hall refurbishment; • It will bring life into a rural area that will otherwise decline; • The design has been well considered; • The money towards highways is welcomed;

Other: • Benefits outweigh any dis-benefits; • Preston Primary School states that, as the principal provider of education

in Preston and Wingham, there is extremely limited capacity in Preston School, without major capital expenditure and green-field build. Capacity at Wingham is also limited and it is understood that other local schools are in similar circumstances. Significant growth of the child population

would require travel outside the immediate area to obtain education facilities;

• Locate in Kent supports the proposal, as it will increase the housing supply and will provide a much more suitable and neighbourly use for the site than logistics. It will lead to the refurbishment of the village hall and will help to secure the future of the village school, pub, shops and nursery. The construction phase will increase to about 125 jobs. The sale of the site will enable Salvatori to relocate to Aylesham. The site is an established commercial location where vehicles can access main vehicular routes without passing through villages. It would retain the 100 existing jobs and in the future could lead to the expansion of the business, which is not possible at the existing site. There are much more appropriate sites in the area. The sale of the site for housing would make it possible for Salvatori to relocate to Aylesham, which is an established commercial location where vehicles can access main vehicular routes without passing through villages and allowing the company to secure their future, retain existing jobs and possibly in the future expand the business, which is not possible at the existing site. The construction of the dwellings would also create about 125 direct jobs and 42 indirect jobs. The retention of a large business that employs 100 people in the district is of paramount importance to the current and future economic prosperity of Dover and Kent;

• Minters Removals and Storage supports the relocation Salvatori and it would benefit the residents;

• Kent Channel Chamber of Commerce states that the relocation of Salvatori will enhance the company’s opportunity to expand in the future and to safeguard existing jobs. The residential development will increase housing, provide a more suitable and community friendly use of the land and secure the future of the village facilities;

• Discovery Park states that the provision of good quality housing will offer its tenants a further choice of accommodation. The general shortage of such housing has been cited by some as a barrier to them locating their business at Discovery Park;

• Viking Recruitment Ltd states that the proposal would benefit the area and the provision of a wide range of good quality housing would strengthen the area’s economy;

A local MP supports the scheme, stating that it would be significantly beneficial to the village through the provision of housing and the removal of the heavy goods vehicle traffic generated by Salvatori Ltd. Preston would benefit from young families in the community and the development would draw families with disposable income for the village services. There would be significant benefits for the Parish Council and community through contributions to the funding of the refurbishment of the village hall. It is important that any consent would be dependent upon the removal of the site currently used for industrial use and the return of the majority of the land to green-field status. A Councillor also strongly supports the scheme, as there have been numerous complaints by many local residents about the problems caused by the heavy lorry traffic to and from the Salvatori site, which would be resolved. Preston would benefit from the rural housing development and provision of facilities and Aylesham would benefit from the relocation of Salvatori, which would involve much needed local job creation for Aylesham village and the development of a currently vacant site.

122 letters of objection have been received, setting out the following planning considerations: Scale, location and type of housing

• The development is too large for the village; • Too many houses outside the village confines; • The layout of the block structured housing estate is contrary to

the traditional linear development in the village; • The number of houses is too great for one development; • Preston needs a modest development of mixed housing; • There is no demand for this type of dwelling in Preston; • No provision for first-time buyers; • No affordable housing; • Contrary to the Preston Village Design Statement; • Nothing would be added to the local economy; • Concerns about an increase in crime; • Housing should be on brownfield land, not agricultural land; • The site at Court Lane may also go forward; • Adverse impact on Preston Conservation Area; • It would affect the culture of the town; • Preston has been identified in the Land Allocation Pre-

Submission Plan as not suitable for large-scale development; • Sub-urban style planting is inappropriate;

Traffic- related

• Unacceptable volume of extra traffic along Grove Road and

through the village; • Replacing the HGVs with cars would not overcome the

problems along Preston Hill; • Impact on noise levels and road safety; • The nearest stations are in Adisham and Bekesbourne; • There are no bus services to suit shift workers; • The street is used as a cut through between the A28 and the

A257 by cars and lorries; • Cars would be likely to go a lot faster than the lorries; • In considering future expansion of the Salvatori site, the Traffic

Commissioner raised concerns in relation to environmental damage to Grove Road and safety concerns, which make the site potentially unsuitable for any future expansion;

• No continuous footway through the village; • Limited bus service – long wait times and journeys to

Sandwich require two buses each way; • The traffic survey is insufficient; • The number of traffic movements has been under-estimated; • Dover Council and County Highways should restrict

movements of the HGV vehicles and force Salvatori to relocate;

• The only justification is the removal of the lorries. Salvatori could relocate the HGV fleet to Aylesham and retain their small fruit handling business at Preston;

Infrastructure

• Lack of infrastructure, including sufficient sewerage capacity. The sewage pumping station in Court Lane and Elmstone are not able to cope with current demand;

• Local health services are over-capacity; • It is spurious to say that Preston primary school is in danger of

closing when the birth rate is rising and the school is almost full • Brown water would drain into the Preston/ Deerson stream,

through the landfill site and would contaminate the main stream and marsh;

Other

• The scheme is driven solely by profit margins; • No public consultation has been undertaken, only notification.

Working parties involving Preston Parish Council, Quinn and Salvatori were not open to residents and there were no village representatives on the working party;

• Whether or not Salvatori intend to move is irrelevant – the residential development should not be seen as a way to fund the move. Salvatori should have planned this when they decided to become an international haulier;

• It would make running Hatcher’s Farm difficult; • Unclear whether it guarantees no future business use; • Light and noise pollution from residential development.

• PROUD (Preston Residents Opposing Unwanted Development) states

that:

• The village community would rather live (uncomfortably) with the Salvatori Group Haulage operation than with an unsuitable housing development;

• Questions the economic assumptions that the development would allow the company to relocate;

• Loss of grade 1 agricultural land; • No justification has been made in respect of CS policy DM2; • Preston is not suitable for more than very limited uplift in

housing stock, due to limited suitable road network, limited public transport and limited pedestrian walkways, with the village school close to capacity and with little opportunity to extend;

• The lack of affordable housing is bound to the arguments to justify remediation and fund a business move;

• The 4 or 5 bedroom houses would not provide a sustainable community development for a village that has strong agricultural/ land use connections;

• The Core Strategy states that there should be only 10% of four-bedroom dwellings;

• There have been 13 new homes over 17 years, not one; • The level of proposed vehicle movements sounds low; • Need for a proper village survey of traffic movements; • Negative impact on the landscape of Preston; • The removal of the business provides more loss than benefit;

• No recognisable consultation or community input; • Concerns about drainage through a refuse dump and into

Deerson Stream; • Assessment needed for significant archaeological artefacts; • A request for a site visit by Members.

The CPRE states that:

• The number of houses is contrary to the Village Design

Statement; • The site is on grade 1 agricultural land; • The site is outside the settlement confines; • It would be out of character with the village; • There is no affordable housing provision; • The bus service is very infrequent; • Access into the site is off a narrow, bendy road; • The application is to enable financial gain to the business; • Traffic movements are likely to be higher than 4 a day per

house. Preston and Elmstone Village Society states:

• There are a total of 274 dwellings in the parish, with 200 in

Preston village. The proposal seeks a 36% increase of housing in the village, on farmland, with no uninterrupted footpath access between the development and the village centre or school;

• No provision for social, affordable or low-cost housing; • It does not meet the needs of the local community.

A petition was submitted from PROUD, which has 231 signatures, opposing the building of 73 houses in Grove Road.

f) 1. The Site and the Proposal The site 1.1 The application site relates to three parcels of land owned by

Salvatori, located in Grove Road, Preston, two of which are used by Salvatori for industrial purposes. Salvatori has grown over the years and this has been reflected in the way that the sites operate. Salvatori has three elements to its business operating from its Preston sites. The transport/ logistics element of the business involves Salvatori working primarily within the construction and packaging industries. Deliveries come from Europe (France, Spain and Eastern Europe mainly) and are then stored at Preston, before being distributed within the UK by Salvatori. The cold stores are used by Salvatori to store fruit and vegetables at ambient temperatures for local farms, which are then delivered by Salvatori to supermarkets and other parties, as and when they are needed, so that non-seasonal goods can be purchased. Salvatori also uses the workshop on-site to service and maintain trucks and equipment for local farmers and businesses.

1.2 Preston is situated in the north of the district and has been designated as a village in the Core Strategy. The village has a number of amenities, including a general store, a farm shop, a butcher, a garden nursery, a primary school and a recreation ground. There are some 200 dwellings in the village; encompassing a mix of ages, styles and sizes, evidencing the growth of the settlement over many years. The spatial character of the village is however overwhelmingly of linear, road-fronting development. The settlement confines in Preston reflect this linear pattern, by wrapping around development along Longmete Road, The Street, The Forstal, Park Lane and Grove Road. Preston Conservation Area incorporates part of The Street (from the village store to the Half Moon Public House).

1.3 The application site incorporates three plots of land, all owned by

Salvatori and two of which are used by the business as depots. The two depots are located off Grove Road and have been used by Salvatori since 1983. Before then, it is understood that the site was used for gravel crushing. The planning history relating to the two sites indicates that a number of agricultural buildings, packing sheds, offices and cold stores have been given consent on the land since 1949 and the aerial photographs dating back to 1940 indicate that both sites have been used and have expanded since this time.

1.4 Grove Road is a narrow, winding country road and the access into the

two Salvatori depot sites (around 5 ha in total) is close to a tight bend. The northern depot site comprises a number of large storage buildings, with hard-surfacing for vehicle parking and lorries and is enclosed by hedgerows along all its boundaries, which afford some screening from the wider area. The site is set down from the road and a bank runs along the rear, northern boundary. The Preston and Deerson Stream runs along the western boundary of the site. The rectangular-shaped plot of land to the south of Grove Road is hard-surfaced and is used for lorry and crate storage.

1.5 The remaining plot of land that forms part of this planning application

relates to an area of Grade I, high quality farmland (just under 5 ha), located close to the depot site and separated by a row of dwellings. The land fronts Stourmouth Road and Grove Road. Part of the land has been used as an apple orchard and the rest of the land has been used for strawberry crops and is currently under arable cultivation. The fields have established windbreak hedges along the boundaries.

The proposal 1.6 The Salvatori Group has, it is understood, been exploring the

possibility of relocating from its current site on the edge of Preston and has considered a number of sites in the district and surrounding areas. The Salvatori Group decided that 4 Covert Road on the Aylesham Industrial Estate would provide the most suitable location and the infrastructure to make relocation an attractive venture. A planning application has been submitted for the site at 4 Covert Road, Aylesham, to change the use of the site to B8 (storage) and for the erection of four warehouses and is currently going through the advertisement and consultation period (planning reference DOV/14/1084).

1.7 The planning application subject of this report seeks outline planning

consent for the erection of seventy dwellings on the agricultural land, with three dwellings erected on the existing Salvatori depot. The proposal sets out that Salvatori would vacate Grove Road and the two Salvatori depot sites would be cleared, with all the buildings demolished and the land remediated and decontaminated, to enable the two depots to be converted into publically accessible meadowland. The intention is for the relocation, phasing, landscaping and on-going management to be controlled under a Section 106 legal agreement.

1.8 The application puts forward a case that the provision of residential

development on this site is crucial in enabling the Salvatori business to move to another site. A Viability and Enabling Report was submitted, to set out the breakdown of the costs involved in relocating the business and the revenue that would be generated by the proposed residential development. The Viability and Enabling Report concludes that even with the residential development, there would be a significant funding gap, which would have to be filled by Salvatori, but that the business would be unable to relocate if the residential development is unable to go ahead.

1.9 The application seeks outline consent and all matters are reserved –

this includes the layout, access, design and landscaping of the scheme. This application seeks consent for the principal of development only.

1.10 As the application has progressed, amendments have taken place and

additional information has been submitted. In particular, the layout and design of the residential development were removed from the outline scheme and are now to be considered as reserved matters. The housing mix would normally be a matter of detail – however, in this case, the housing mix proposed is integral to the viability case put forward by the applicant. The housing mix has been altered, to incorporate ten three-bed dwellings, 28 four-bed dwellings and 32 five-bed dwellings on the main residential site and three 4 or 5 bed houses on the depot site.

1.11 A parameters plan has been submitted to identify the areas to be

designated for residential development and the two areas to be converted into meadowland. The plan shows that a pedestrian link would be provided to connect the meadowland to the residential sites and also indicates potential locations for access. The plan indicates that a play space would be incorporated into the residential development.

1.12 A draft Heads of Terms was submitted as part of the planning

application. During the course of the application and following consultation advice, the terms have been amended. In summary, the draft Heads of Terms would offer financial contributions towards primary and secondary education, libraries, sport-pitch provision, footpath upgrading and a proportion of the cost for the re-building of the Preston village hall. The draft Heads of Terms includes suggested mechanisms and phasing for the removal and relocation of the

Salvatori business, the conversion of the existing Salvatori depots to publically accessible, remediated meadowland.

1.13 The applicant has also offered the Council one acre of land adjacent to

the proposed residential site, should the Council wish to consider developing the site for affordable housing in the future.

1.14 The parameters plan will be on display.

2. Main Issues

2.1 The planning issues for consideration are:

• Principle of development; • Relocation of Salvatori; • Whether the proposal represents sustainable development;

Economic role; Social role; Environmental role;

• Section 106 Agreement. 3. Assessment PRINCIPLE OF DEVELOPMENT DEVELOPMENT PLAN CONTEXT 3.1 Planning legislation requires that decisions must be taken in

accordance with the Development Plan, unless there are material considerations that indicate otherwise. In this case, the proposal for residential development is on a site outside the settlement confines, which would not comply with Core Strategy policies.

3.2 The proposal is therefore a departure from policy and should only be

permitted if justified by material considerations. MATERIAL CONSIDERATIONS 3.3 The principle material considerations are the NPPF, the Land

Allocations Local Plan and the Preston Village Design Statement. 3.4 The NPPF states that housing should be considered in the context of

the presumption in favour of sustainable development. It sets out that sustainable development will comprise three mutually dependent dimensions: economic, social and environmental roles and states that Development Plan policies relating to housing provision should be considered ‘out of date’ when the Council does not have a five-year housing land supply.

3.5 The Land Allocation Local Plan is not yet adopted, so is currently a

material consideration, rather than part of the Development Plan. The Council underwent a site allocation process, which has involved allocating sites across the district to meet the housing needs set out in the Core Strategy. The Pre-Submissions Local Plan was examined by

an Inspector in January 2014, the Schedule of Main Modifications to the Plan has gone through a consultation period and the Council is now waiting for the Inspector’s report. It is likely that the Land Allocations Local Plan will be adopted shortly. The site put forward under this planning application was not put forward at any time during the site selection consultations that were carried out during the land allocation process.

3.6 A site was originally allocated for residential development at Court

Lane, Preston in the Pre-Submissions Local Plan, with an estimated capacity of 25 dwellings; however, the Inspector proposed a modification to delete the site following the Examination. Whilst the final report has not yet been issued by the Planning Inspectorate, the indication is that the site is unlikely to remain in the plan. Any updates on the progress of the Land Allocations Local Plan will be relayed at Planning Committee. As it stands, there are unlikely to be any identified housing sites in Preston in the Land Allocations Local Plan.

3.7 The Council’s housing allocations fall short of meeting the Core

Strategy target in the rural area - there is an unidentified requirement for 95 dwellings in the rural area, which would not be provided within the designated site allocations within the Land Allocations Local Plan (once adopted). The Plan anticipates that this shortfall will be met through windfall permissions. The application, if permitted, would therefore make a significant contribution to meeting the windfall allowance.

ENABLING DEVELOPMENT

3.8 The case put forward by the applicant is that the proposed residential

development would provide a type of ‘enabling development’, in that it would generate a return that would secure the relocation of the Salvatori business, which would be a significant planning benefit. Moreover, the proposal would enable the business to relocate to a site that it currently has an option agreement on, in Covert Road, Aylesham. Importantly, the proposal would also ensure that there would be no future employment use of the two existing depot sites. The sites would be remediated and landscaped to allow their conversion into publically accessible meadowland. These benefits, amongst other things, would be secured through a Section 106 Agreement.

3.9 The applicant has provided evidence in a Viability and Enabling

Report to demonstrate that relocation of Salvatori would be dependent upon the returns generated by the residential development. The Council employed an independent Viability Assessor to examine the viability case put forward by the applicant.

3.10 The independent assessment agrees with the viability case put

forward by the applicant; that the scheme for relocating Salvatori would be unviable if any affordable housing or standard CS-based housing mix was incorporated into the scheme.

FIVE YEAR HOUSING LAND SUPPLY

3.11 The NPPF seeks to significantly boost the supply of housing and it

requires Local Planning Authorities to identify a housing requirement and to provide deliverable sites that will provide five years’ worth of this identified housing requirement.

3.12 The Council’s 2014 Monitoring Report shows that even with the

forthcoming adoption of the Land Allocations Local Plan, there is still a lack of a five year supply of housing land.

3.13 The NPPF states that all policies that relate to the supply of housing

development should not be considered up-to-date if a five year supply of deliverable housing sites cannot be demonstrated (para. 49). The implication of this is that whilst the policies in the Development Plan remain the starting point for assessing applications, weight must be given to the policies in the NPPF as a more up-to-date material consideration. The NPPF states that planning permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF (para. 14).

RELOCATION OF SALVATORI

3.14 The NPPF sets out that the planning system should do everything it can to support sustainable economic growth (para. 19). The Core Strategy supports this objective through its site-specific employment policies, a criteria-based policy for new commercial development and through CS Policy DM2, which seeks to protect existing employment land, stating that permission for the change of use of employment land will only be granted if the land is no longer viable or appropriate for employment use.

3.15 This application puts forward a case that the current site is not

appropriate for its industrial use and that the proposal would enable Salvatori to operate from a more sustainable location in the district.

THE EXISTING SITE

3.16 Preston village is located along the length of the C231, a classified

road that acts as a distributor route to the primary and strategic road networks. It is not unusual for large lorries to use such routes in connection with farming activity within the countryside where no reasonable alternative routes are available.

3.17 The Salvatori Group moved to the site in 1983 and has expanded over

the years and diversified into logistics as well as fruit storage, which has resulted in an increase in the number of HGV movements in the area. It is understood that various self-imposed restrictions have been introduced by Salvatori to seek to limit disruption, which apply to its own vehicles only. Salvatori regularly monitors the trackers of its drivers’ vehicles and the lorries travel to a 20mph restriction through the 30mph limit of the village and they do not leave in convoy. Drivers are not allowed to stop at the shop whilst in a truck. Salvatori instructs its large vehicle drivers not to turn left out of Grove Road towards Stourmouth, where the C231 becomes more circuitous and difficult for

lorries to navigate. However, large lorries (over 18t gvw) cannot turn right out of the site due a weight restriction on the bridge and so they have no alternative other than to be routed through Preston village.

3.18 All haulage companies need a licence approved by VOSA, which

dictates how many vehicles can be registered at a particular site. There are additional time restrictions imposed under Salvatori’s operator’s licence, applicable for vehicles specified on the operator’s licence for the site. This prevents lorry movements between 11pm and 3am Mondays to Fridays, between 6pm and 6am on Saturdays, between 3pm and 8am on Sundays and between 4pm and 8am on Bank Holidays.

3.19 Licences do not limit how many vehicles travel to the site from the

Salvatori Medway depot or lorries from abroad that deliver/ collect goods and the potential number of lorry movements is not controllable under planning or VOSA and could increase.

NATURE OF THE PROBLEMS

3.20 Kent Highways has advised that the site is one of the most

complained about sites in the Dover district. Concerns have been submitted to Kent Highways about damage to the roads and verges, lorries being too big for the road network, the number of vehicle movements and the impact the quality of life of local residents. Most complaints have related to locations in Grove Road and The Street in Preston, but some have referred to problems in Wingham as well.

3.21 Large numbers of complaints and a petition were also submitted in

response to Salvatori’s request for a VOSA licence in 2012 and 1013. Concerns covered the impact of the HGV traffic on the quality of life of residents, environmental impacts, safety concerns associated with the traffic and the unsuitability of the rural lanes for the type of heavy traffic. Following a public enquiry, the licence was granted, but nevertheless the process indicates the level of discontent towards the operation of the site. Moreover, the Traffic Commissioner stated in his decision that there was environmental damage to Grove Road and that his view was that the safety problems caused by an operating centre straddling the public highway make the centre a ‘potentially unsuitable place for any future expansion in the number of vehicles and trailers based there’ (para. 21 of the Licence decision).

3.22 The Environmental Health Department has also received a number of

objections over the years relating to noise, burning and smoke. 3.23 It is evident that the scale and nature of the business has generated

an increasing amount of friction between Salvatori and Preston village, resulting in a steady stream of complaints to VOSA, Salvatori, KCC Highways, DDC and local MPs. Indeed, the Preston Parish Plan identified the problems in 2006, setting out that heavy goods vehicles are seen as a problem in most parts of the village and that the narrow roads mean that none of the routes (from Pluck’s Gutter from the north, Grove Ferry from the west or Wingham from the south) to the depot are ideal. The Parish Plan states that the ideal solution would be for the operation to relocate to a more accessible site.

CONCLUSION

3.24 The site is currently viable for employment use, as Salvatori is a

successful business operating from the site and could continue to operate there. However, the business has grown over the years and is now operating at a larger scale under limited planning and licencing controls and is clearly having a negative impact on local residents. It is in quite a remote location, adjacent to a village and does not visually enhance the surrounding countryside. Moreover, the heavy flows of traffic along narrow, winding and unlit rural lanes and through the village have a harmful impact on the quality of the life of residents.

3.25 The traffic issues detailed above indicate that the site is not a

sustainable location for this business and any future growth of the business is likely to exacerbate the existing problems. Certainly, if the Council was looking to allocate sites for business of that scale, this location would not be considered positively.

3.26 In this sense, the site is not considered to be appropriate for

employment use and as such, it is not considered that there is a case for protecting it for employment use under CS Policy DM2. The relocation of businesses from an inappropriate location is supported under the NPPF, which states that the planning system should do everything it can to support sustainable economic growth and that it should ensure that sufficient land of the right type is available in the right places and at the right time to support growth and innovation (para. 7). It is considered that there is therefore a strong planning case for enabling Salvatori to relocate away from Preston to a more sustainable location where it can operate more effectively.

3.27 The planning application provides benefits beyond just enabling the

relocation of Salvatori from Preston. It will also provide a level of comfort that Salvatori would relocate to a site in Aylesham, which would retain employment in the district. Moreover, the intention to secure the future use of the site as meadowland and therefore to remove any potential for another business to move to the site in the future, would improve the quality of life for local residents.

3.28 The case for supporting the relocation of Salvatori from the Grove

Road site is strong. The remainder of the assessment examines the proposal as a whole – which incorporates a large residential development. The lack of a five-year housing land supply depresses the weight of the Development Plan polices that relate to housing provision and instead means that the NPPF principles for sustainable development weigh heavily in assessing the application. The NPPF identifies economic, social and environmental roles as being the three dimensions to sustainable development and it is under these three headings that the remainder of the report is focussed.

ECONOMIC ROLE

SUPPORTING ECONOMIC GROWTH

3.29 The NPPF emphasises the importance of building a competitive economy and states that planning should proactively drive and support sustainable economic development.

3.30 Salvatori is a well-established, successful company and this proposal

would enable the business to relocate from a site that would not be conducive to its future expansion. Furthermore, the planning application would provide a rare opportunity to provide some level of certainty that the company would remain in the district. The applicant has already submitted a planning application for a site in Covert Road, Aylesham and has advised that the approval of this scheme would trigger a contract agreement for Salvatori to purchase the Aylesham site for the relocation of the business.

3.31 The application does provide a degree of comfort that Salvatori would

remain in the district. Moreover, looking at the situation holistically, it is reasonable to assume that a local established firm would not risk severing its local links and connections by moving out of the district.

3.32 There would also be direct and indirect economic benefits in the

construction and occupation of 73 dwellings. The applicant’s Economic Benefit Statement indicates that the construction of 73 dwellings would generate around 125 jobs per month over a two-year construction phase. The residential development would be likely to accommodate around 81 economically active residents and generate a GVA of £2.8m per annum. Further economic benefits (such as commercial expenditure) are also referred to in the Statement.

SOCIAL ROLE

3.33 The NPPF states that development should have a social role in

supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of the present and future generations. It states that a social role will also involve creating a high-quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being.

SCALE OF DEVELOPMENT

3.34 This is a large-scale development when considered in the context of

the size of Preston village. CS Policy CP1 states that villages are suitable for a scale of development that would reinforce the role of the village as a provider of services to essentially its home community. This proposal, by virtue of its scale, would clearly go beyond that role as it would inevitably draw in a number of residents from outside the parish. Whilst the NPPF indicates that CS Policy CP1 is ‘out of date’, the principles of CP1 are intended to ensure that development is well suited to the infrastructure of settlements and to direct distribution across the district in accordance with the key objectives of the Core Strategy.

3.35 The CS does not set a required level of housing within each

settlement or parish, but rather takes a district-wide approach to the

provision of housing and sets out housing targets for urban and rural areas. There have not been any major residential developments in Preston, but planning records indicate that there have been some 40 dwellings built in Preston (new build and conversions) since 1991.

3.36 The Parish Council had identified the need for housing in its Parish

Plan 2006 and Village Design Statement 2008, identifying a need for a mix of affordable and market housing, but not specifying how many. In particular, one aim of the Village Design Statement is ‘to facilitate a proportionate provision of affordable housing and of new homes for families to respond to perceived need, provided they are in such locations, numbers and design as not to detract from the rural character of the parish’. It states that the village community does not favour major large-scale developments, either of executive home estates or of large standardised estates of social housing, but has recorded its support for modest growth to provide some affordable homes for young families, some larger family homes and retirement homes (p. 27).

3.37 The Parish Council’s questionnaire does also reflect a level of

opposition within Preston for a development of this scale. 3.38 However, in light of the lack of a five-year housing land supply, the

starting point is in fulfilling the objectives of the NPPF and the provision of a significant number of houses does have a significant social benefit for the district.

3.39 Also, the application, if permitted, would therefore make a significant

contribution to meeting the rural windfall allowance of 95 dwellings identified in the Local Plan.

INFRASTRUCTURE

3.40 The increased population growth resulting from this proposal would

create the potential to support local services and shops in Preston.

3.41 This proposal would provide a play space within the development, a public open space within the meadowland and would provide financial contributions for sports pitch provision, which would provide leisure facilities for the increased population.

3.42 The proposed residential development would put more pressure on

local schools and facilities. However, the applicant has agreed to the relevant financial contributions requested by infrastructure providers, which would ensure that all identified additional infrastructure resulting from the additional demand is provided.

3.43 The applicant has also offered a financial contribution towards the

rebuilding of the village hall, which would help improve facilities for existing and future residents of Preston.

HOUSING MIX

3.44 The NPPF seeks to deliver a wide choice of high quality homes and

this objective is reflected in CS Policy CP4, which states that

proposals should reinforce the local housing market and develop an appropriate housing mix and design.

3.45 The district’s population displays a stronger than average trend of

ageing, which is resulting in an increase in people over 65 and a reduction of children and people of working age. The evidence that directed the Core Strategy objectives showed that the district’s housing stock does not offer sufficient choice to meet current needs in terms of affordability, type, size and quality. Moreover, the evidence suggests that there is not enough housing at the high end of the market that appeals to working age people moving into the area (CS, p.16). This imbalance had fundamental implications for shaping the overall strategy and importantly, it led to choosing a high growth target of 14,000 homes across the district in a drive to attract a working population into the district and this necessitated the need to skew the type of housing towards the working population.

3.46 Although the layout and design is indicative, the application states that

the intention is to provide large, four-five bed executive houses. The viability of the scheme provides little flexibility on the housing mix and whilst a higher proportion of two/three bed dwellings would have been preferable, the incorporation of ten three-bed dwellings is an improvement on the originally proposed mix of only four and five bed dwellings.

3.47 The proposal does not reflect the broad split for housing types set out

in Policy CP4. It is however expected that any development would need to adjust these proportions, taking into account the current market information of housing needs and site considerations.

3.48 The policy is intended to provide the overall housing mix across the

district and it is expected that urban locations would incorporate a higher percentage of one and two bed homes, whereas more rural locations would generally be better suited for larger, family homes with three, four or more bedrooms.

3.49 The proposal would provide houses of a type and location that would

appeal to working-class families and would help to attract a workforce into the district, reduce the amount of in-commuting and provide homes that would attract working age people and families into the district, all of which are key features of the Core Strategy. The site is also well located to support the Discovery Park Enterprise Zone.

AFFORDABLE HOUSING PROVISION

3.50 The Council seeks to incorporate 30% affordable housing into

residential developments of fifteen or more dwellings (CS Policy DM5). It states that the exact amount of affordable housing or financial contribution to be delivered from any specific scheme will be determined by economic viability, having regard to individual site and market conditions. The Council’s Delivering Affordable Housing SPD states that the Council will have regard to the particular costs associated with development and whether the provision of affordable housing would prejudice other planning objectives that need to be given priority.

3.51 There does appear to be a local need for some affordable housing –

identified in the Preston Parish Plan, the Preston Village Design Statement and the Housing Needs Assessment.

3.52 The financial implication of providing affordable housing within the

scheme would make an already large funding gap increase to a level that would make the entire scheme unviable. The Viability Assessor on behalf of the Council has concluded that the scheme cannot support the provision of on-site affordable housing.

3.53 The developer has however agreed to incorporate a ‘claw-back’ clause

into a legal agreement, which would ensure that a proportion of any financial gain that has not been foreseen would be re-invested into infrastructure or affordable housing provision, as decided by the Council.

3.54 In addition, the applicant has offered a 1 acre plot of land adjacent to

the residential development to the Council at nominal cost, should the Council wish to consider developing the site for affordable housing in the future. (Any such scheme would be subject to a separate planning application). This would provide very welcome potential for affordable housing as a separate scheme, which could go quite a way in providing affordable housing that would have been expected from the development.

CONNECTIVITY

3.55 One of the main objectives behind defining settlement confines around

settlements in the Core Strategy is to ensure that housing is located in areas that will enable good access to services and amenities. The NPPF also states that sustainable development should have accessible local services that reflect the community’s needs and support its health, social and cultural well-being (para. 7).

3.56 The scale of residential development being proposed under this

planning application is such that it needs to be well connected to the main village, for the future residents to have a safe route to the services and facilities within the village, such as the school, shops and bus stops.

FOOTWAYS

3.57 Currently, although there is a pedestrian footway opposite the site (in

front of the existing dwellings in Grove Road), there are sections along The Street where pedestrians have to walk in the carriageway because of the lack of footways. The scheme is likely to generate additional pedestrian movements between the site and the village and without any improvements to the pedestrian route; the scheme would increase the risk of conflict between pedestrians and vehicles.

3.58 Kent Highways has therefore advised that a pedestrian improvement

scheme needs to be undertaken. A concept design has already been submitted by the applicant, to indicate the types of changes that may be put forward. It is likely to include:

• Provision of a footway/ build-outs (involving narrowing the

carriageway to single-way working) along parts of The Street; • Widened virtual footways; • Street signage and furniture; • Sections of kerbed and paved footway; • Additional signage; • Street furniture; • Road markings and street lighting; • Possible loss of some existing on-street parking.

3.59 The scheme would be subject to a separate assessment process

under highways legislation, known as a Section 278 Agreement, which includes public consultation and a report to the Dover Joint Transportation Board.

3.60 The provision of an acceptable pedestrian improvement scheme

under a Section 278 Agreement would be required by way of condition, to ensure that it is carried out prior to the occupation of the residential development and to ensure that the design is acceptable and that the works would have minimal impact on the conservation area. The scheme would provide an acceptable pedestrian link from the residential site to the village.

3.61 The parameters plan also shows that a pedestrian footpath would be

provided to link the meadowland to the north of Grove Road to the proposed residential development.

PUBLIC RIGHTS OF WAY

3.62 There is an existing footpath that runs parallel to The Street, accessed

off The Street by the Mill Lane junction and opening out onto Grove Road. The proposal would incorporate a financial contribution, which would provide improved surfacing of this public footpath, as requested by Kent County Council Public Footpaths. This would enable all-weather use of the Public Rights of Way and would provide an improved alternative footpath connection to the village centre.

PUBLIC TRANSPORT

3.63 The nearest bus stops to the proposed development are adjacent to

and opposite the Half Moon & Seven Stars PH, just south of the junction with Grove Road, which would be accessible from the site. The stops (and all the stops through Preston) are served by route 11, which runs – infrequently - to link Preston with Canterbury and Monkton, Minster, Manston and Westwood Cross.

3.64 The Section 278 Agreement would incorporate improvements to both

bus stops, which is likely to include raised kerbs, hard-standings, bus stop poles and bus stop clearway markings.

3.65 It is considered that the proposal would achieve the connectivity and

access to services and amenities within the village and would therefore be sufficiently connected to the village.

GREEN SPACE

3.66 The proposal would provide a large area of publically accessible meadowland, which would provide existing and future residents an area that they can use for dog walking and recreation. It provides a social role in improving the Green Infrastructure network in the northern part of the district and would be provided and maintained in accordance with a management strategy that would be controlled by way of a legal agreement.

LOSS OF SALVATORI

3.67 The relocation of Salvatori would provide social benefits for local residents, especially by removing the safety concerns of frequent lorry movements along the narrow rural lanes and in Preston village.

IMPACT ON FUTURE AND SURROUNDING OCCUPANTS

3.68 It is considered that the proposal can be achieved without resulting in

harm to any future and surrounding occupants.

ENVIRONMENTAL ROLE

3.69 The NPPF states that development should protect and enhance the natural, built and historic environment, help improve biodiversity and minimise waste and pollution (para. 7).

VISUAL IMPACT OF DEVELOPMENT

SPATIAL IMPACT

3.70 Preston is essentially a linear village, with development fronting the

main roads through the village. The unifying element to its character is that the buildings are generally detached, fronting the highway and located in substantial grounds, giving a loose grain to the area, as would be expected in a rural location.

3.71 In the event that this outline application is granted, it would be

important to ensure that the development integrates with the existing village and does not propose an insular extension, turning its back on the village. In order to achieve this, it would be essential that the development continues the fundamental grain of the village, with development fronting the highway network and with dwellings set in substantial grounds, of varying widths and depths. Dwellings should front both Grove Road and Stourmouth Road. The proposal would need to ensure permeability through the site and not be designed as a large cul-de-sac.

IMPACT ON HERITAGE ASSETS

3.72 The village contains a number of listed buildings, generally focused

around the centre and part of it is designated as a conservation area,

which stretches from the Half Moon and Seven Stars PH at the northern end to the village stores to the south. Due to the distance between the site and the conservation area and listed buildings to the south, it is considered that the proposed development would have no impact on heritage assets.

IMPACT ON THE COUNTRYSIDE

3.73 The demolition of the Salvatori buildings and cessation of the use of

the site would be beneficial to the local landscape character and would remove the adverse impact, particularly when seen from Grove Road along to ‘Blue Bridge’.

3.74 CS Policy DM15 relates to development that would result in the loss

of, or adversely affect, the countryside. The residential development would result in loss of countryside, but this would effectively be balanced out by the provision of newly formed meadowland on the existing industrial site.

3.75 The residential development would be located in close proximity to

existing development and in principle is not considered to harm the surrounding countryside.

HIGHWAYS IMPLICATIONS

3.76 One of the key benefits of the proposal would be to enable the

significant reduction in HGV movements in and around Preston and beyond, which have generated problems for local residents for a number of years.

3.77 Kent Highways raises no objection to the level of vehicle movements

that would be generated by the residential development, when considered against the level of vehicle movements at the existing site.

3.78 Whilst the number of actual vehicle movements would not be that

different to the existing site, the types of movements would be restricted almost solely to cars, with the exception of delivery lorries, removal lorries and refuse and emergency vehicles, so the environmental benefits would be significant.

3.79 Due to the increased number of pedestrian movements, the

pedestrian route through Preston would need to be improved (discussed in more detail above).

3.80 The applicant has confirmed that the offices and lorry park would be

demolished and the traffic movements at Salvatori reduced by 80% before the pouring of the first residential floor slab. This would reduce conflict on the highway between construction vehicles and Salvatori lorries almost completely. Kent Highways raises no objection to this phasing and it would be controlled through the legal agreement.

CREATION OF MEADOWLAND

3.81 The proposal would enable the Salvatori depot sites to be converted to meadowland, providing a proper function for the land with a mechanism to ensuring its management in perpetuity.

3.82 The applicant has demonstrated that the remediation measures would

be at a standard that would enable publicly accessible, functional meadowland. Environmental Health is satisfied that the Salvatori depots can be satisfactorily remediated to enable the provision of meadowland.

3.83 The meadowland would be accessible for the public and would

incorporate facilities to encourage the recreational use of the site by local residents and dog walkers, including footpaths, benches and dog waste bins, with information boards to inform people about the ecological features within the site. The provision of meadowland would be a significant improvement to the environment, biodiversity and green infrastructure and would enable the complete removal of a contaminated previously-developed site.

LOSS OF AGRICULTURAL LAND

3.84 The NPPF encourages the re-use of previously developed land, or where significant development of agricultural land is demonstrated to be necessary, areas of poorer quality land should be sought in preference to that of a higher quality (para. 112).

3.85 In this case, the residential development would be located on high

quality Grade I agricultural land. The site is however much better located for residential as it would be spatially connected to the village, whereas the Salvatori site would be isolated, within a flood zone area and unsuitable for residential development, so there are benefits in locating the residential development on this site. Moreover, the benefits of this scheme are that a previously developed site would be turned to meadowland. Whilst the provision of meadowland would not be Grade I quality, it would nevertheless be a rare opportunity for clearing, remediating, decontaminating and landscaping a previously developed site in the countryside to a standard that would enable public access, provide biodiversity value and contribute to the green infrastructure network Nevertheless, there is an identified dis-benefit in the loss of Grade I agricultural land.

WILDLIFE AND DIVERSITY

3.86 It is not considered that the extra housing in Preston would have any

likely significant effect on the Stodmarsh European Site, particularly given the creation of publicly accessible meadows, which would provide for general quiet recreation.

3.87 The Thanet Coast and Sandwich Bay SPA and Ramsar sites,

although at some distance away (9 Km), are in an easily accessible coastal location. The Council has developed a mitigation strategy for proposed housing in the district, The Thanet Coast and Sandwich Bay SPA Mitigation Strategy, which the applicant has agreed to sign up to through a legal agreement.

3.88 It is proposed by the applicant that a European Protected Species

Mitigation Licence is sought in order to enable the demolition of one the buildings on the Salvatori depot that supports a small roost of Brown Long-eared bats. Such licensing is subject to three ‘tests’ within the Conservation of Habitats and Species Regulations, 2010 (as amended), which officers consider have been adequately met. Subject to a condition requiring the submission of a method statement for the acquisition of a European Protected Species Mitigation Licence, there is no objection on grounds of disturbance to bats.

FLOOD RISK

3.89 The residential development would be located outside the flood risk

area, in flood zone 1. The development raises no flood risk concerns and the Environment Agency raises no objections, subject to conditions.

SURFACE WATER DRAINAGE

3.90 The proposal would involve discharging surface water from the two

separate sites into the Preston & Deerson main Stream, which is managed by the River Stour Internal Drainage Board (IDB).

3.91 Due to the removal of the depot and creation of meadow-land, there

would be a reduction in run-off from this site. The proposal therefore has the potential to reduce the local flood risk and rectify the negative impacts of previous development, which is welcomed by the IDB.

3.92 The IDB has requested that the residential site is designed so that the

rates of run-off do not increase above the current, green-field run-off rates and that an open SuDS system is incorporated. As the layout and design are now reserved matters, the detailed surface water drainage scheme would be submitted under the Reserved Matters application.

3.93 Concerns have been raised over the potential for contaminated

surface-water to drain into the Preston and Deerson Stream, as there is a landfill site that clips the north side of the application site. The Environment Agency and Environmental Health have been consulted specifically on this matter and have advised that their suggested conditions would cater for this.

FOUL SEWAGE

3.94 The applicant has advised that they have undertaken their own

capacity checks for foul sewage and states that there is sufficient capacity for the proposed development. Further clarification from Southern Water is awaited at the time of writing the report and any updates will be relayed at Planning Committee.

3.95 Either way, Southern Water has not raised objection to the scheme

and the matter can be resolved by way of condition. If there is insufficient capacity within the current public foul sewer network, the

applicant has confirmed that they would limit peak foul flows to current levels by providing on-site attenuation and a flow control.

CONTAMINATION

3.96 The depot sites, due to their commercial/ industrial uses, are

potentially contaminated and the site lies adjacent to an historic landfill. The Environment Agency and Environmental Health are content that the recommended conditions would ensure that the site would be remediated effectively.

SUSTAINABLE CONSTRUCTION

3.97 The residential development would achieve Code Level 3. Whilst CS

Policy CP5 requires developments to attain Code Level 4, the application only proposes Code Level 3. This is due to viability reasons, which have been validated by the Council’s independent reviewer and is a deficit in the scheme.

SECTION 106 AGREEMENT

FINANCIAL CONTRIBUTIONS

3.98 The contents of the Section 106 Agreement will include financial contributions. The financial contributions (with approximate value) are:

Improvements to the PROW £27,500; SPA mitigation strategy £6,000; Primary and secondary education £344,615; Sport pitch provision £31,000; Libraries £4,355; Contribution to a new Parish village hall, up to

£250,000. 3.99 The applicant would also provide pedestrian improvements to Preston

High Street through a separate Section 278 Agreement. 3.100 The financial contributions have been fully considered in accordance

with the Community Infrastructure Regulations 2010, which stipule that an obligation can only be a reason for granting planning permission for the development if the obligation is:

a) Necessary to make the development acceptable in planning

terms; b) Directly related to the development; and c) Fairly and reasonably related in scale and kind to the

development". 3.101 Officers are of the view that these contributions meet the tests of the

CIL Regulations and should be provided in order to provide the infrastructure necessary to cater for this development.

3.102 Kent County Council also requested contributions for adult social

services and community learning, but these requests were not

considered to be compliant with the CIL regulations and have not therefore been sought.

PHASING AND TRIGGERS 3.103 The legal agreement would also provide a mechanism for the phasing

of the development. The details of the agreement would be likely to include phasing requirements for (in summary):

• The demolition of buildings at Salvatori; • Reduction in Salvatori traffic movements; • Relocation of Salvatori to Aylesham/ within the Dover district; • Remediation of the Salvatori sites; • Creation and long-term management of the publicly accessible

meadowland; • Provision of an overage clause; • Obligation for transfer of land to the Council for it to consider

development for affordable housing; • Provision of an area for on-site play; • Establishment of a management company for maintenance and

management of open space and landscaped areas. 3.104 These provisions would be set to specific triggers and would be

required to be carried out in accordance with the relevant documents provided by the applicant and agreed by officers.

CONCLUSION 3.105 When considered against the policies in the Development Plan, the

residential element of the proposed development does not accord with Core Strategy policies. In particular, the proposal would not be located within the settlement confines (policy DM1) and the dwellings would not meet Code Level 4 (policy CP5). The proposal is therefore a departure from the Development Plan.

3.106 Paragraph 14 of the NPPF states that where the five-year housing

land supply is not being met, the relevant Development Plan policies for the supply of housing are considered out of date and applications should be assessed in accordance with the NPPF objectives. The Council does not have a five-year housing land supply and as such, the proposal would need to meet the three roles set out to attain sustainable development in the NPPF: economic, social and environmental roles. The benefits of the proposal are not re-iterated in this conclusion, but any deficits identified in the report are considered below, in light of the NPPF objectives for sustainable development.

3.107 Economic role: The proposal addresses the economic role set out in

the NPPF and would provide a number of benefits. 3.108 Social role: A purpose of CS policy DM1, which requires development

to be within the settlement confines, is to ensure that developments are well integrated with the settlement physically and visually and have good access to local services and amenities. The report

indicates that the scheme would meet all of these objectives and therefore, in conclusion, whilst it does not meet the CS policy DM1 (which is considered ‘out of date’), it does nevertheless provide the corresponding social role set out in the NPPF. There is no deficit when considered in light of the NPPF on this matter.

3.109 Environmental role: The proposal would fail to meet Code Level 4

construction standards for the residential dwellings and would therefore fall short in supporting the NPPF objective of supporting a transition to a low carbon future in this area. Whilst there is a deficit here, the applicant has demonstrated that Code Level 4 could not be provided for viability reasons, which has been substantiated.

3.110 There is also a deficit under the environmental role in respect of the

loss of agricultural land. This is balanced out to a certain degree by the incorporation of a large area of industrial land being converted to meadowland. However, the loss of Grade I agricultural land is a deficit within the scheme.

3.111 Importantly, the NPPF states that planning permission should be

granted unless any adverse impacts would significantly and demonstrably outweigh the benefits (para. 14).

3.112 The assessment indicates that the proposal is considered to meet the

vast majority of attributes set out in the NPPF. The adverse impacts identified above (paras 3.108 to 3.110) are not of great significance when considering the proposal as a whole and the benefits the proposal would offer would significantly outweigh these deficits. The deficits are certainly not considered to be adverse impacts that would demonstrably outweigh the benefits. The proposal is considered to meet the threshold standard of the NPPF (set out in paragraph 14) that needs to be achieved for sustainable development.

3.113 There would be strong economic, social and environmental benefits

provided within the scheme, particularly in removing the employment use from the site, remediating the land and providing a meadowland, which would offer biodiversity enhancements and a publically accessible facility and would have a wide-range of positive impacts on the surrounding area and improving the quality of life for local residents.

3.114 This is a somewhat unusual application, enabling the relocation of an

industrial site through an ‘enabling’ residential development. It is recognised that the residential development is not in an ideal location and has raised a lot of issues, especially concerning its scale. However, the assessment has verified that the scale of the development cannot be reduced and when considered against the NPPF, is acceptable. The full costs of relocation cannot be met by Salvatori and the residential element is needed to close the funding gap.

3.115 The report demonstrates that, in light of the Council’s lack of a five-

year housing land supply and when considered against the NPPF’s presumption in favour of sustainable development, the benefits of the

scheme outweigh the dis-benefits. The proposal is considered to meet the NPPF objectives for sustainable development.

3.116 The comments raised by all third parties have been carefully

considered. However, subject to the completion of a Section 106 Agreement and the imposition of conditions, in this case, it is considered that the benefits of the scheme weigh in favour of recommending approval and that the proposal would provide economic, social and environmental benefits in line with the definition of sustainable development set out in the NPPF.

g) Recommendation I Subject to the completion of a Section 106 Agreement, PERMISSION BE

GRANTED, subject to conditions to include: (1) Time limit conditions - reserved matters; (2) Reserved Matters details to include layout, scale, appearance and access; (3) Approved plans and details; (4) Maximum number of 73 dwellings; (5) If phased, submission of a detailed phasing programme and timetable: (to

ensure timely and comprehensive provision of development); (6) Submission of samples of materials (visual amenity); (7) Conditions for the full details of positions, design, materials and type of all

walls and boundary treatments (visual amenity); (8) Cross-sections and plans of all hard landscape works, including retaining

walls, roads, footpaths, cycle-ways, car-parking layouts, street furniture, street-lighting and a timetable for implementation (Visual amenity);

(9) Details of existing and proposed finished ground levels and sections (To ensure development is carried out at suitable levels);

(10) Provision of approved housing mix, unless otherwise agreed by the LPA (To ensure an appropriate mix of housing);

(11) Details for recyclable and non-recyclable waste for the residential dwellings (Sustainability and visual amenity);

(12) Final finished surfacing to roads (To ensure suitable highway arrangements and visual and residential amenity);

(13) Details of on and off-site measures (as appropriate ) for the means of disposal for foul sewage approved by the LPA, in consultation with Southern Water. Details to include measures taken to protect the existing public sewers and a timetable of implementation for the means of disposal, either as a phased or full implementation (To ensure adequate measures are made for disposal of foul drainage and sewage);

(14) Details of temporary lighting (visual and residential amenity); (15) Waste Management Plan (sustainability, visual and residential amenity); (16) Dwellings to achieve Code Level 3; (Interests of sustainable construction); (17) Details of the children’s play space, to include location and type of play

equipment, timing of provision, management responsibilities and maintenance schedules (To ensure a satisfactory standard of children’s play-space);

(18) Cross-sections of excavation works and/or earth works and grading (To ensure development is carried out at suitable levels;

(19) A Demolition Statement, prior to any demolition at the Salvatori sites, to include details of the timing and removal;

(20) No means of enclosure within the meadowland, unless agreed by the LPA (To ensure meadowland is publically accessible and visual amenity);

(21) No machinery, materials or plant stored on the meadowland after the cessation of the Salvatori business (Visual amenity);

(22) Conditions for contamination; for intrusive ground investigation a remediation scheme, verification report and to notify the LPA of any unidentified contamination, if found, in consultation with the EA and Environmental Health (As the site overlies a secondary aquifer and an adjacent surface water stream and to ensure that risks from land contamination are minimised);

(23) No asbestos associated with demolition to remain on site (Public safety and contamination);

(24) Conditions for the submission of a surface water drainage scheme, based on sustainable drainage principles to attenuate and restrict the rate and volume of surface water leaving the site, to include details of management and a maintenance plan and arrangements for adoption, to be approved prior to commencement, in consultation with the IDB and the EA (To prevent flooding on the site and adjacent land);

(25) Submission of a method statement for the acquisition of a European Protection Species Mitigation Licence (To ensure protection of protected species);

(26) Submission of method for dealing with Rosa Rugosa removal/ disposal (a plant);

(27) Conditions for soft landscape details of residential sites, to include open spaces, front garden areas, green spaces, landscape buffers, any retention ponds and playable spaces, schedule of plants, earth-works, tree-planting details and a planting time-table (To create an attractive transition between the rural and urban areas);

(28) Retention of trees and shrubs; (29) Conditions to require the provision of meadowland to be carried out in

accordance with details and long-term management regime in the Habitat Creation and Landscape Management Plan (To ensure provision and retention of publically accessible meadowland);

(30) Highways conditions for: - Measures to prevent surface water discharge onto the highway, - Use of bound surfacing at each access-point; - Details of vehicle parking spaces; - Provision of cycle parking facilities; - Proposed roads, foot-ways, verges, junctions, street-lighting, sewers, drains, retaining walls, services routes, surface water outfall, vehicle overhang margins, embankments, visibility splays and envelopes, accesses, carriageway gradients, driveway gradients, car parking and street furniture; - Completion of footways/ paths and carriageways; - Construction Management Plan, to include (a) Routing of construction and delivery vehicles to/from the site; (b) Parking and turning areas for construction and delivery vehicles and site personnel; (c) Number of peak hour and daily vehicle movements associated with construction and delivery vehicles and site personnel; (d) Wheel washing facilities; (e) Details of site access point(s) for construction; (f) Timing and management of deliveries in relation to existing Salvatori HGV movements; (g) Temporary traffic management/signage; - Completion of pedestrian movements between the site and Mill Lane prior to first occupation in approved details (as a Section 278 Agreement); - Provision of visibility splays; - Details of closure of existing accesses; (In the interest of highway safety).

II Powers be delegated to the Head of Regeneration and Development

to settle the section 106 agreement and any necessary planning conditions in line with the issues set out in the recommendation and as resolved by the Planning Committee.

III Any necessary informatives. Case Officer Sarah Platts