REPORT SUMMARY REFERENCE NO - 16/503755/FULL · 1.07 To the rear are the residential properties of Whitefield Road which are 2.5 storey, semi-detached, Victorian villas with two storey

Planning Committee Report

REPORT SUMMARY

REFERENCE NO - 16/503755/FULL

APPLICATION PROPOSAL

Erection of 48 Assisted Living apartments for older persons (C2 use) with associated communal

facilities, parking and landscaping

ADDRESS 87A & 87B St Johns Road Royal Tunbridge Wells Kent TN4 9TY

RECOMMENDATION - GRANT subject to Conditions (see section 11 of report for full

recommendation)

SUMMARY OF REASONS FOR RECOMMENDATION

- There is no objection in principle to the proposed development as the site is within the

Limits to Built Development and is allocated for residential purposes in the Site

Allocations Local Plan. The development will provide 48 dwellings that will contribute

towards meeting the Borough’s five year housing supply.

- The number of units and density is considered satisfactory, given the proposed use for

Extra Care Living and would make efficient use of this brownfield site.

- The scale, layout and design are similar to that previously approved and would respect

the context of the site and preserve the visual amenities of the locality.

- The site is cleared, the demolition of the former Chapel façade (non-designated heritage

asset) having been considered under the previously approved scheme on this site.

- The development would not be significantly harmful to the residential amenities of

nearby dwellings by reason of loss of privacy, overshadowing, dominance or noise.

The overall scale of the building would be similar to that previously approved.

- The development would generate less traffic than the previously approved scheme and

servicing generated by the development can be accommodated without detriment to

highway safety.

- Adequate parking provision can be made on site for residents and servicing vehicles.

Contributions requested on the previous application have been paid, which contribute

towards off site parking restrictions in the vicinity of the site, implementation of a

residents parking scheme and provision of a car club for residents and the local

community.

- Renewable energy measures have been satisfactorily incorporated into the proposals.

- Other environmental impacts have been assessed and there are none that are

considered potentially significant and which cannot be addressed through conditions.

INFORMATION ABOUT FINANCIAL BENEFITS OF PROPOSAL


The following are considered to be material to the application:

Contributions (to be secured through Section 106 legal agreement/unilateral

undertaking): See Report

Net increase in numbers of jobs: Full-time 10 Part-time 7

Estimated average annual workplace salary spend in Borough through net increase in

numbers of jobs: £181,782.90

The following are not considered to be material to the application:

Estimated annual council tax benefit for Borough: £163.61 per unit assumed without

any discounts = £7,853,28

Estimated annual council tax benefit total:£78,532.80

Annual New Homes Bonus (for first 6 years):£48,000

REASON FOR REFERRAL TO COMMITTEE

The application has been referred by the Director of Planning & Development as a result of the

controversial nature of the previous application on this site and the previous decision by

Planning Committee.

WARD St Johns PARISH/TOWN COUNCIL

N/A

APPLICANT Yourlife

Management Services Limited

AGENT The Planning Bureau

Ltd

DECISION DUE DATE

15/09/16

PUBLICITY EXPIRY DATE

22/07/16

OFFICER SITE VISIT DATE

29/06/2016

RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining

sites):

App No Proposal Decision Date

15/507556/FULL Demolition of existing buildings, erection

of 58 residential apartments and

associated works, including

semi-basement car park and new access

Approved subject

to conditions and

Section 106

agreement

08.01.16

MAIN REPORT 1.0 DESCRIPTION OF SITE 1.01 The application site is situated on the western side of St John’s Road (A26), opposite

Skinners School. It lies within the St Johns’ neighbourhood centre, where there is a mix of commercial, community and residential property. It is also quite close to Tunbridge Wells town centre, being about 0.5Km from the roundabout at the junction of Grosvenor Road and Mount Ephraim. The A26 is a main through route carrying large volumes of traffic and is well served by buses.

1.02 The site is approximately 0.365 hectares. The buildings previously on the site were,

a milk and goods delivery depot with associated storage and office space occupying a range of buildings, including a large gable fronted building, which was originally built as a Mission Hall, then shortly afterwards was used as a Methodist Chapel.


The first floor of the front of the former chapel building was in use as a martial arts gymnasium. The site has now been vacated and the buildings demolished.

1.03 The previous buildings were set back from the road by about 9m to 12m. The

former chapel building was the tallest structure on the site. Its façade had a Dutch gable feature and the warehouse structure behind it had a long rooflight stretching back into the site, which was an alteration to the original roof structure. The other buildings were warehouse type structures, a number of which adjoin the rear boundary of the site.

1.04 The site slopes gently up from north to south by about 1.5m. 1.05 Immediately to the north of the site is a Tesco Express supermarket, which was

converted from the former Kelsey Arms Public House, with 3 flats above. This building is set back from the road with parking in front. The application site sits approximately 0.8 metres higher than the Tesco land and there is a retaining wall along this boundary. Further north is a parade of shops and hot food takeaways ending at the Beltring Road junction, then beyond this the character changes to being predominantly residential, with three storey Victorian terraced houses / flats.

1.06 To the south, there is a tyre and exhaust depot located directly on the boundary

behind a 3.4m high boundary wall. Beyond this are more shops and restaurants / takeaways, together with the St Johns public car park, where frontage infill development of 3 shop units with flats above has recently been completed.

1.07 To the rear are the residential properties of Whitefield Road which are 2.5 storey,

semi-detached, Victorian villas with two storey outriggers. These houses have short rear gardens (approximately 5m to 9m long). The existing depot building of the application site abuts directly onto the boundary of these residential properties. A brick wall over 3m high runs along part of the rear boundary and the remainder is fenced.

1.08 Directly opposite the site is Skinners School, a large three storey Victorian building

with a varied roofscape, set back behind a tree-lined garden. 1.09 The site is within the Limits to Built Development. As well as being within the St

Johns Neighbourhood Centre, the Local Plan Proposals Map shows that it is within the Tunbridge Wells Central Access Zone (Residential) for the town centre where reduced car parking standards are applicable.

1.10 The site is allocated for residential redevelopment in the Site Allocations Local Plan

under Policy AL/RTW18. The policy states: This site, as shown on the Royal Tunbridge Wells & Southborough Proposals Map, is allocated for residential development (C3) providing approximately 31 dwellings. Development proposals shall be accompanied by an Air Quality Assessment and appropriate mitigation measures.

1.11 The Site Allocations Local Plan (SALP) was approved by Cabinet on 22 June and

by Full Council on 20th July. The SALP has been adopted as part of the Development Plan and sets out the spatial response to the Core Strategy. A statutory challenge to the SALP has been received and relates to a lack of C2 housing allocations within the SALP.


Housing need is addressed in the report below along with the policy background to addressing the Full Objectively Assessed Need (FOAN). The Core Strategy and the SALP have been found to be out of date in that they do not address the FOAN. The work undertaken in the preparation of the new Local Plan will address these matters in due course.

2.0 PROPOSAL 2.01 The application seeks full planning permission to provide 48 new “Assisted Living

(Extra Care) retirement housing, to be delivered as 24 x 1 bed apartments and 24 x 2 bed apartments and would include communal facilities, parking provision and landscaped gardens. The scale of the development would be 4-5 storeys to the street frontage stepping down to the rear.

2.02 The proposal comprises two linked blocks, fronting onto St John’s Road. A flat

roofed link, set 4.6m in height, above the proposed access, would link the two blocks. The northern block would provide 4 storeys of accommodation, and would include plant room, bin storage, kitchens, communal dining room and lounge at ground floor level.. The southern block would provide apartments only but would rise to 5 storeys. Residents of the southern block would access the communal facilities via the first floor link.

2.03 Communal gardens are proposed to the south west, along with 24 car parking

spaces with turning. The northern block would be set in from the northern boundary with Tesco by some 4m at the closest point to the north east corner of the site, to some 10.8m separation to the north west corner, with sub-station intervening.

2.04 At first floor level, the separation distances on the northern boundary would remain

the same as the ground floor, however, on the western boundary with Whitefield Road, the rear elevation of the northern block would be set in from approx. 4.5m at ground level, the separation would increase at first floor level to approx. 10.6 m. at the closest point to the western boundary. The dining room area would have a flat roof over. At first floor level, there would be only two windows on the western boundary of the northern block, that would serve the hallway and a kitchen, that are proposed to be of opaque glass. Balconies are proposed to the south side of the northern block.

2.05 The second floor comprises residential accommodation, along with a staff room over

the link. Again, balconies would be located on the south side of the northern block. 2.06 At third floor level, the separation distance to neighbours to the west would increase

further, to approximately 17.4m and one hall window would face west. 2.07 A fourth floor would be provided on the southern block only and would be set in 7.6m

from the southern boundary at that level. 2.08 The separation distance between the southern block and neighbours to the west on

Whitefield Road would be some 35m back to back, (29.4 to the boundary) with car parking spaces located between the proposed building and these neighbours.

2. 09 The applicant is willing to enter into a Section 106 agreement that would provide the

following developer contributions;

Cycleway improvements - £20,000

St James Recreation Ground Fountain restoration - £10,000

Air quality mitigation - £5,000


Tunbridge Wells Cultural Hub - £14,086.60 (in addition to the library contribution of £2,784.92 that has already been paid) Total £49,086.60

2.10 It should be noted that a number of contributions have already been paid on

commencement of development of the previous permission 15/507556 (as demolition of the buildings constituted a commencement of the development) as follows:

Reynolds Lane LWS - £4,176

Residents parking zone - £25,000

Double yellow lines - £2,500

Car club - £14,798

Libraries £2,784.92

50% of the Youth and Adult Recreation contribution - £54,284.50 2.11 The Section 106 agreement would also secure the transfer of a strip of land across

the site frontage to Kent County Council for incorporation into the highway to facilitate road / cycleway widening should this be needed at any time in the future.

2.12 In addition, the Section 106 agreement would restrict the occupancy of the building to

those aged 70 or over and in need of care.

3.0 SUMMARY INFORMATION

As previously proposed As proposed

Site Area (ha) 0.365 hectares (0.901 acres) 0.365 hectares

Width of site 63m widening to 70m at rear 63m widening to 70m at

rear

Depth of site 50m at northern boundary

widening to 58m at southern

boundary

50m at northern boundary

widening to 58m at

southern boundary

Main block no. of

storeys

1 to 5 1 to 5

Small block no of

storeys

1 to 3 Small block to rear

removed from this

scheme.

Height to ridge of

roof lantern on 5

storey block

Approximately 17.5m

(compared to approximately

13.2m for height of ridge of roof

lantern on former Dairy Crest

building)

Approximately 17.5m

(compared to

approximately 13.2m for

height of ridge of roof

lantern on former Dairy

Crest building)

Height of front

corner of building,

adjacent to Tesco

Approximately 14.4m Approximately 12.2m


boundary

Separation

distance from the

adjacent Tesco’s

boundary

Approximately 1.5m (at the

closest point – set back from the

road frontage)

Approximately 4m.

Height of front

corner of building

adjacent to tyre

depot

Approximately 12m Approximately 12m

Set back from St

John’s Road

(building line)

Varies from approximately 6m to

10m

(compared to approximately 9m

to 12m for former Dairy Crest

buildings)

Varies from approximately

6.6m to 11m alongside

the tyre depot.

Total no. of

Residential Units

58 (23 one bedroom and 35 two

bedroom)

48 (24 x 1 bedroom and

24 x 2 bedroom)

No. of Affordable

(low cost /

discounted sale)

units

10

None as applicant

considers the proposed to

be C2 use

% of affordable

(low cost /

discounted sale)

units

17% None as applicant

considers the proposed to

be C2 use

Density 157 units per hectare 132 units per hectare

Parking Spaces 62 in total of which 4 are visitor

spaces and 58 are allocated

(one per apartment).

24 in total

4.0 PLANNING CONSTRAINTS

Within Limits to Built Development Within St John’s Neighbourhood Centre Within Tunbridge Wells Central Access Zone (Residential) Within Air Quality Management Area Public Access Land Local Wildlife Sites - Broomhill and Reynolds Lane Pastures

5.0 POLICY AND OTHER CONSIDERATIONS

The National Planning Policy Framework (NPPF) National Planning Practice Guidance (NPPG) Development Plan: Tunbridge Wells Borough Core Strategy 2010


- Core Policy 1: Delivery of Development - Core Policy 3: Transport Infrastructure - Core Policy 4: Environment - Core Policy 5: Sustainable Design and Construction - Core Policy 6: Housing Provision - Core Policy 9: Development in Royal Tunbridge Wells

Site Allocations Local Plan 2016 Policy AL/RTW18 – Land at Unigate Dairy, St Johns Road - allocated for residential development (C3) providing approximately 31 dwellings.

Tunbridge Wells Borough Local Plan 2006

- Policy EN1 – Development Control criteria - Policy EN15 – Nature conservation sites - Policy H5 – Residential development within the Limits to Built Development. - Policy TP4 – Access to the road network. - Policy TP6 – Vehicle Parking Standards – Tunbridge Wells Central Access Zone

(Residential).

Supplementary Planning Documents:

- Renewable Energy SPD - Affordable Housing SPD

6.0 LOCAL REPRESENTATIONS 6.01 The applicants undertook pre-application consultation with the public prior to

submitting the scheme. A public exhibition was held on Thursday 31 March 2016 at the Tunbridge Wells Masonic Centre, St John’s Road. One to one meetings with third party and key stakeholders to view the proposals were held Thursday 17 March 2016. Residents and stakeholders were given the opportunity to provide their feedback at all stages of the public consultation and, where possible, these comments would have been addressed in the proposals submitted. Details of this process are provided in the Statement of Community involvement accompanying the application.

6.02 Following receipt of the planning application neighbour notification letters have been

sent to surrounding properties and site notices were posted on St Johns Road and Whitefield Road on 29/06/2016. The responses can be summarised as set out below.

6.03 23 Letters/emails of support

Good for local business , new customers

Useful development for the location area

Looks good and in keeping with the town.

Attractive development that would enhance the area, better design

In favour of the development

Scheme will reduce car use along the A26 which is already too heavily congested

Scheme will not put pressure on overstretched schools,

Scheme location provides level access in a hilly town.

More accommodation is needed for the elderly generally.

Elderly housing will free up housing elsewhere in the town.

Good that there is no underground parking


Application seems appropriate for the size of site and the area.

Pleased the milk depot façade carried over

There is enough parking, entertainment and services

Better for parking

Going well so far, might as well knock it all down and re-create the facade

Demolition process has been quiet and non intrusive thus far

Proposed development better than previous plans regarding schools and traffic

McCarthy & Stone are a quality product,

The site needs tidying up

Glad to see a slight reduction in size and car parking provision

Excellent proposal, much needed development

A public car park is needed – common idea from local residents

Proposal would give people the opportunity to downsize

3 Letters/emails of support with some concern regarding parking 1 Letter received neither supporting or objecting

Scheme would be more in harmony with its setting and surrounding neighbourhood

Removal of rear block and underground parking is wise

Ashill plan should never have been approved, more apartments approved since

Less impact on traffic and chronic parking problems in the area would be welcome

Unfortunate that the approved plan has dictated much of the details in the latest plan.

Building still too high and would lead to a loss of light.

If the landscape design is accurately used the increased open space and greenery is

a positive feature.

1 Letter/email of objection on the following grounds;

Better scheme but far from perfect

There are windows that would now overlook gardens, invading peoples privacy

McCarthy & Stone have not given replies they promised a few weeks ago

Concern regarding loss of light

Building would be unsightly compared to other buildings in the area in terms of

design and height.

Parking problems will not go away

6.04 The consented scheme on this site generated 119 objections to the previous scheme, concerns included; height, over development, too far forward in the street scene, design and appearance out of character, inadequate parking, would add to existing congestion, impact on neighbours, impact on school places and infrastructure and harmful impact on nearby business.

6.05 The consultation responses in relation to this application can be considered to be

generally positive, with concerns remaining regarding parking. It is generally felt by the public that the revised scheme would be more in keeping with the character of the site and surrounding area and generally a better design.

7.0 CONSULTATIONS Environment Agency


7.01 7/7/2016 No objection to the proposed development, provided that conditions are applied, that include; remediation strategy to deal with the risks associated with contamination of the site, no occupation of any part of the permitted development shall take placed until a verification report demonstrating completion of works set out in the approved remediation strategy and the need to identify a strategy to deal with previously unidentified contamination where found to be present, along with informatives in relation to drainage and waste.

7.02 17/08/16 Revised comments; The information has been reviewed, and we find that

we have no objection provided a condition in relation to contamination not previously identified is applied. Comment is also made that contaminated soil that is, or must be disposed of, is waste and its handing, transport, treatment and disposal is subject to waste management legislation. Developers should ensure that all contaminated materials are adequately characterised. The developer should be aware of the following;

7.03 Contamination

Land contamination conditions were discharged for planning permission 15/507556/FULL at this site, and therefore we do not require such conditions to be attached to any permission of application 16/503755/FULL. However, unforeseen contamination could still be encountered during construction of the proposed development, and therefore we request that this condition remains, as seen above. Drainage We understand that both foul and surface water drainage will discharge to a combined sewer, and therefore there will be no discharge of foul effluent or infiltration of surface water to ground at this site. We must be re-consulted if there is a change to these proposals.

Natural England 7.04 28/06/2016 No comments to make on this application. The application is unlikely to

result in significant impacts on statutory designated nature conservation sites or landscapes. It is for the local planning authority to determine whether or not this application is consistent with national and local planning policies on the natural environment.

UK Power Networks 7.05 20/06/16 No objection to the proposed works. Southern Gas Networks 7.06 No comments received Kent County Council – Lead Local Flood Authority 7.07 11/07/16 No objection raised. Comment is made that the proposal will result in a

reduction of impermeable area from its current development form. Ground conditions are anticipated to not be conducive to infiltration and it is assumed a connection to the public sewer will be necessary. The communications reference a 50% reduction in surface water flows but not an exact and agreed flow. It is recommended that the rate of discharge from the site to the public sewer is “proven” or demonstrated, clearly calculated and confirmed with Southern Water.

7.08 Sustainable drainage measures have been included within the strategy. Whilst no

calculations have been submitted to support the proposed sizing of these measures, detailed design will address these issues. It should be noted that any features within the individual site must be maintained by the property owners. Conditions regarding


the submission of a sustainable surface water drainage scheme for the site and its on-going maintenance and management, are recommended.

7.09 12/08/16 Further to correspondence from the applicant, KCC comment that as the

submitted information responds to the information needed to demonstrate that surface water has been appropriately managed on-site- as requested. The information includes an additional response from Southern Water May 2016 which states there is sufficient capacity for this connection and which appears to update the Southern Water report as included within the Technical Appraisal report as prepared by RSK (January 2016).

7.10 A request has been made as to whether KCC would relax this requirement given the

submitted information. Based on the information provided, we would proffer that the intent of our condition has been met but would recommend that the LPA review any other information that may have been submitted by Southern Water. The objective is to ensure that any flows to the combined sewer are acceptable.

Upper Medway Internal Drainage Board 7.11 12/07/16 Site is outside the IDB district and the proposal is unlikely to affect its

interests, particularly as surface water runoff is to be reduced by 50% from existing. To help reduce local and downstream flood risk, runoff from redeveloped Brownfield sites should be returned to that of the Greenfield site as much as is practicable.

Southern Water 7.12 20/07/2016 Southern Water can provide foul sewage disposal to service the

proposed development and would require a formal application for a connection to the public sewers.

7.13 Results of an initial desk top study indicates that Southern Water currently cannot

accommodate the needs of this application without additional infrastructure. The proposed development would increase flows into the surface water system and as a result increase the risk of flooding in and around the area. Alternatively, the developer can discharge surface water flow no greater than existing levels if proven to be connected and it is ensured that there is no overall increase in flow into the surface water system. Request condition regarding foul and surface water disposal and informative, in consultation with Southern Water. A topographical site survey and/or CCTV survey will be required, and calculations confirming the proposed surface water flow will be no greater than existing contributory flows.

7.14 18/08/16 Revised comments; Our initial investigations indicate that Southern Water

can provide foul and surface water disposal to serve the proposed development. Southern Water requires a formal application for a connection to the public sewer. An informative is requested in relation to the formal connection. Surface water may be discharged to the existing combined sewer, provided the rate of discharge is limited to no greater than existing, excess flows should be attenuated. The drainage arrangement should also be such that there will be no net increase in the flows currently received by the sewer. Condition requested for details of the proposed means of foul and surface water sewerage disposal.

7.15 26/08/2016 Revised comments; The applicant is proposing to discharge surface

water run off to the combined sewer. Surface water flows can be accommodated in the combined sewer on the provision that the existing storm drains to this sewer and the flows from the development will be attenuated resulting in a reduced site run-off that will not exceed the existing discharge rates. The applicant is required to provide an application to connect to the public sewer. It is the responsibility of the developer


to make provision for the disposal of surface water and Part H3 of the Building Regulations applies. Discharge to the sewer should only occur where necessary and adequate capacity exists.

Kent County Council – Highways & Transportation 7.16 21/07/16 The principle of residential use on this site was established with the recent

approval for 58 units and this current scheme for 48 assisted living apartments is likely to result in reduced resident car trips, although further details are requested regarding staffing and servicing levels and revisions are required to the proposed access.

7.17 The Transport Assessment (TA) refers to use of the previously approved access to

serve the current proposals. Concern is raised that there is a discrepancy in the road widths referred to, 4.8m would be required on a main arterial route. Concern is also raised regarding the likely numbers/frequency/sizes of deliveries and further information should be requested. It is also unclear where deliveries will access the building. KCC also seek typical staff numbers including at staff change over time to assist in the calculation of appropriate parking levels. It would appear that within the TA the KCC parking standards have been incorrectly calculated. Any development should be designed to avoid any drop off of residents or goods directly from the A26, and provide for adequate pick up/delivery and possible ambulance bay.

7.18 Confirmation of the headroom under the access bridge is also required; this was

previously approved at 4.6m. The approved scheme accommodated an 11.2m refuse cart and this should also be tracked throughout the scheme.

7.19 S106 contributions should be carried over. The submitted S278 refers to the former

consented scheme. 7.20 09/09/2016 Additional comments: The access into the site has been widened to

provide a minimum carriageway width of 4.8m as in the approved scheme. 7.21 In respect of the parking provision, a balanced judgement is required as the

development falls between the more traditional housing types of SPG4. In a sheltered scheme we would expect of the order of 1 space/2 units plus provision for the warden whilst in a residential nursing home a higher provision for staff would be expected. The site’s sustainable location is acknowledged and the developer has confirmed that the proposed level of provision is in keeping with their other comparable developments. Lack of staff parking raises some concern, particularly for the late shift workers and additional information is awaited regarding typical staffing patters and typical levels of car ownership to give a better understanding of need.

7.22 Adequate headroom can be achieved and the site does include a turning area

however the lack of a dedicated servicing bay has raised concern, the developer has tabled a number of options . Earlier comments regarding servicing and tracking apply.

7.23 Any large planting on the frontage to ensure compatibility with the highway lighting,

recommend a condition so that details of any trees should be submitted for approval, following discussion with KCC Street Lighting team.

7.24 A strip of land across the frontage of the site is to be dedicated as highway and this

will provide improved opportunities for the emerging cycle strategy. It is suggested that a plan is prepared with the area annotated, and dimensioned that can be part of


the S.278 agreement, and a plan setting out the highway works is requested as part of this application.

7.25 Sustainable Transport Measures which include some of the measures discussed above should be included in the development, and could include internet connection and electric charge points, that may be dealt with by condition. Condition recommended regarding the creation of the access and dropped kerbs and installation of the bus boarding kerbs. Parking and turning space to be conditioned along with a CMP (Construction Management Plan). Any gates to be erected a minimum of 12m from the back of the highway and should open on approach. Access to the substation should be used for the purposes of statutory undertakers only. Informatives are also recommended.

Kent County Council - Regeneration Projects 7.26 30/06/2016 KCC requirements for this development are now:

£16, 871.52 towards the Tunbridge Wells Cultural Hub/library

Request a condition to be included for the provision of Superfast Fibre Optic Broadband

Kent Police – Crime Prevention Design Advisor 7.27 20/06/16 The applicant/agent has met with Kent police and consulted with them, they

have also committed to putting security as a key issue and in due course will be submitting a Secured By Design application form. If planning is approved, it is expected that an SBD application would be submitted.

Kent Wildlife Trust 7.28 No comments received TWBC Parking 7.29 No comments received TWBC Landscape & Biodiversity 7.30 Proposals appear to be acceptable. Some missing detail in terms of hard materials,

which is not considered to be significant but could be covered by conditions relating to the submission of samples. Details of the planting within the hard landscape would also been to be submitted along with detail relating to the railings and wall to the front of the site.

TWBC Conservation Officer 7.31 29/06/16 this application proposes a very similar scheme to that which was recently

approved. This proposes a lower number of units for a residential scheme, but for a particular client (assisted living). Most of the documents relating to conditions that the conservation officer would have been concerned with have been submitted. The design is very similar to the existing permission. The planning statement is thorough in demonstrating need. The conservation officer’s original comments therefore still apply, but given that we still need to consider the harm caused by the loss of the historic buildings, the benefits of this amended scheme (in particular need for this type of housing) will need to be weighed up, in accordance with NPPF para 135, by the planning officer against this harm. Summary conclusions on the previous scheme are as follows;


7.32 “Whilst the Conservation Officer still disagrees with some of the conclusions reached in the heritage statement, the addenda now submitted demonstrate in accordance with NPPF paragraph 135 that the benefits of total redevelopment of the site outweigh the harm caused by the loss of the non-designated heritage asset. Whilst it is very regrettable that this site could not meet the aims of sustainable development in terms of embodied carbon savings, reinforcing a sense of place, and enhanced place-making, it has been demonstrated that other aims of sustainable development will be met and that the reuse of the building is not practical for this particular site. The Conservation Officer therefore supports this application.

7.33 The appearance and scale of the proposed replacement buildings are acceptable. Materials will be a crucial part of the success of the scheme and should be subject to a condition for approval. In addition, as the bricks and detailing of the brickwork will also be key to its success, given the amount of brick proposed in the elevation, and it is recommended that a brick sample panel is constructed on site, of no less than 1metre x 1metre square, showing joint size, mortar finish and colour, and type of brick.”

TWBC Environmental Health 7.34 20/7/2016 Noise: This site is within a town centre urban area and traffic noise is a

potential problem for this site. A Grant Acoustics Noise assessment has been submitted and concludes although commercial sites in the vicinity will have a noise impact on future residents, road traffic is the dominant noise source. Enhanced glazing and mechanical ventilation has been recommended where necessary and mitigation should be secured through a condition to any permission granted.

7.35 Air Quality: It is noted that the site is within the Tunbridge Wells Air Quality

Management Area and the proposed residential use would introduce a vulnerable group into an area of poor air quality. An Ashill Land Ltd AQ Assessment report has been submitted, that concludes that the long term NO2 and PM10 concentrations, at all the assessed receptors and for meteorological years, would not exceed the relevant air quality objectives. Several mitigation measures, including mechanical ventilation and low NOx boilers are already proposed as part of the Noise and Sustainability assessments for the proposed development. Further additional mitigation measures have been proposed as part of the Energy Statement and Transport Statement. These measures are expected to reduce the exposure of future residents to air pollutants and reduce the overall air quality impact of the proposed development. The installation of publically accessible Electric vehicle charging points would be a useful promotion of a sustainable travel option.

7.36 External Lighting: The details regarding external lighting in the external lighting

strategy appear satisfactory and unlikely to cause light nuisance. 7.37 Contamination: The site is currently a brownfield site previously used for

commercial depot purposes, the historical use would mean it would be prudent to attach a contaminated land condition to any permission granted.

7.38 The EHO also comments that the buildings to be demolished should be checked for

the presence of asbestos - however, it should be noted that the site has now been cleared and the buildings demolished.

7.39 Environmental Health recommend no objection be raised to the application, subject

to conditions and informative regarding hours of working, plant and ducting systems, Noise mitigation EV charging, Travel plan submission, details of land contamination


remediation to be submitted, a Code of Construction Practice to be submitted and storage of oils, fuels and chemicals.

TWBC Housing 7.40 10/08/2016 Queries whether the proposal is C2. The care needs/hours of care

required for the residents can be an indicator, along with the age restriction. The age restriction given in this instance is 70 years for the leaseholder and 60 for the partner or spouse. Sheltered housing is normally 55 plus so this could be an indicator for C2. The original application was for general needs accommodation which may be more appropriate in this area.

16/09/2016 Confirmation that: the agreements submitted demonstrate a ‘care provider’ is secured, in this case ‘Your Life Management Services’, residents must be a ‘qualifying person’ who must undergo pre-assessment. The S106’s secure the dwellings as C2. Residents must be capable of living independently. Residents need to receive 2 hours care per week, could include daily contact, food preparation, bathing, washing, dressing, taking of meals. There could be a range of differing care needs. The Operation Management Plan sets out services, but emphasises living independently. The development appears to be different from the Cranbrook scheme which was defined as sheltered and does not have a kitchen serving meals. The scheme is not nursing care though and as such falls between both use classes. Consideration should be given to requesting an affordable housing contribution.

TWBC Client Services 7.41 14/07/16 Waste would not be collected from this development as it does not fall

under domestic household collection but commercial. Refuse and recycling would have to be arranged privately and at a frequency that the management of the scheme require.

Royal Tunbridge Wells Civic Society 7.42 The Society strongly objected to the previous application for the site for 58 flats,

which seemed like over-development, incompatible with the surroundings especially at the rear and damaging to the local environment and the unnecessary demolition of the valuable Mission Hall façade. One of the least satisfactory aspects of the scheme was the proximity of the main five-storey block to St Johns Road, one of the most heavily congested and polluted routes in Tunbridge Wells.

7.43 It was claimed that the profile of the main block simulated the gable of the Mission

Hall but it was more than five metres higher, wider and nearer to the road. The present scheme eliminates the smaller block at the rear, and thereby reduces the impact on the some residents, but while proposing reduced floor space the developer has otherwise deliberately retained the previous layout, when a more sympathetic lay-out would have been possible. He specifically refused to reconsider this and to retain the gable of the Mission Hall as part of this design, and has demolished it is advance of planning permission. In the current circumstances, we can only reiterate our objection to the current application.

8.0 APPLICANT’S SUPPORTING COMMENTS (SUMMARY) 8.01 McCarthy & Stone are Britain’s leading retirement housebuilder and are proposing

self-contained, purpose built extra care accommodation with associated communal facilities (C2 Class).

8.02 The development would be run by Your Life Management Services in conjunction

with Somerset Care, an experienced and not-for-profit care operator.


8.03 The Assisted Living apartments have been specifically designed for the end user. To that end it has been necessary to re-design the internal layouts of the consented scheme in order to meet the Assisted Living requirements. These include larger flats, accessible bath/showers and all kitchens with windows.

8.04 Additionally, the layouts include a restaurant, homeowners lounge, function room,

wellness suite, guest suite, laundry, mobility scooter stores, as well as staff/management support facilities. The new proposals reflect the above requirements; however, the key principles of the current approval are retained.

8.05 The appearance would be as consented, with a predominantly brick frontage with

interpretation of original chapel building fitting into the local context. The bridge link is retained.

8.06 It is not the intention to re-visit the analysis of the previous Design and Access

Statement but to establish if the new proposals affect or alter the design approach. 8.07 The key proposed changes to the approved scheme can be summarised as follows;

Reduce the number of proposed flats from 58 apartments to 48 assisted living apartments (Use Class C2) designed specifically for the elderly.

Remove the separate 3-4 storey block on the south-west corner of the site as this would isolate elderly residents from the communal facilities in the main block.

Remove the under-croft/basement car park; this will remove the need for excavation works.

By removing the basement parking the block on the northern boundary will be lowered in height.

The communal garden and water feature is to be retained, but at a lower level, reducing any overlooking.

Push the building further away from the northern boundary, increasing the gap between the new developments and the adjacent Tesco store.

Retain the existing sub-station in its current location in order to avoid the construction works and disruption associated with its relocation.

8.08 It is seen that the above alterations should be seen as a positive step and will result

in a scheme that improves upon the current consent. 9.0 BACKGROUND PAPERS AND PLANS

Design and Access Statement (Lewis & Hickey) June 2016 Design and Access Statement (Landscape Chapter – Outer space) 01.06.2016 Planning Statement (The Planning Bureau Ltd April 2016) Building Record (East Elevation Former Mission Hall 11 April 2016 CgMs Consulting) Noise Assessment (Grant Acoustics 10/09/2015) Landscape Management Plan Rev A April 2016 (by Outer space including the following Plans ;–

- L 200 D– Hard Landscape Plan - L 400 D – External Lighting Strategy - L 600 B– Hardscape details – Paving - L 601 B– Soft Landscaping Details - L 700 D– Soft Landscape Plan

Ecology Appraisal (ACD Ecology) September 2015 Habitat Management and Biodiversity Strategy (Innovation Group Environmental Services) 5 April 2016 Technical Appraisal Report (Jan 2016 RSK)


Foul and Surface Water Drainage Strategy (April 2016 WSP) Transport Statement (June 2016 Paul Basham Associates). Statement of Community Involvement April 2016. Sustainability Statement (Issue 4 dated 20th April 2016 Three Dragons and Celandine Strategic Housing April 2016 – Evidence of Housing demand. Construction and Demolition Method Statement (March 2016). Air Quality Assessment (RSK) (Including addendum for McCarthy & Stone dated 31 March 2016). Daylight and Sunlight Assessment (BVP May 2016)

The following drawings/plans: SE-2317-02-AC-001P REV 01 Site location Plan 3129 2 P Location Plan

3129 3 P Site Plan SE-2317-02-AC-201 Existing Floor Plan SE-2317-02-AC-202 Existing Photographic record SE-2317-02-AC-203 Existing Sections

PP/3129/Tunbridge Wells P4 Existing ground Floor Plan PP/3129/Tunbridge Wells P5 Existing Elevations PP/3129/Tunbridge Wells P6 Elevations 3 & 4 PP/3129/Tunbridge Wells P7 Historical Façade SE-2317-02-AC-002 REV 02 Proposed Site Plan SE-2317-02-AC-101 REV 08 Proposed Ground Floor Plan SE-2317-02-AC-102 REV 06 Proposed First Floor Plan SE-2317-02-AC-103 REV 06 Proposed Second Floor Plan SE-2317-02-AC-104 REV 06 Proposed Third Floor Plan SE-2317-02-AC-105 REV 06 Proposed Fourth Floor Plan SE-2317-02-AC-106 REV 05 Proposed Roof Plan SE-2317-02-AC-301 REV 04 Proposed Sections SE-2317-02-AC-302 REV 04 Proposed Sections SK44 SE-2317-02/AC-101 Ground floor plan – Sound Insulation Spec. Amended plans

L 201H – Boundary Treatment SE-2317-02-AC-401 REV 07 Proposed Elevations SE-2317-02-AC-402 REV 07 Proposed Elevations Additional Information/Plans SE-2317 – 04 AC 25 REV Ground Floor Services (Bridge Detail) SE-2317 – 04 AC 50 REV Elevations (Bridge Detail) SE-2317 – 04 AC 51 REV Elevations (Bridge Detail) SE-2317 – 02 AC 70 REV 00 Detail section 1 (Details) SE-2317 – 02 AC 71 REV 00 Detail section 2 (Details) SE-2317 – 02 AC 72 REV 00 Detail section 3 & 4 (Details) SE-2317 – 02 AC 73 REV 00 Detailed Bridge (Details) SE-2317 – 02 AC 74 REV 00 Detail Set Backs Section (Details) SE-2317 – 02 AC 78 REV 00 East Elevation (Details) SE-2317 – 02 AC 79 REV 00 Pre-cast Stone detail (Details)


SE-2317 – 02 AC 79 REV 00 Parapet and Balcony details (Details)

SE-2317-02-AC-403 REV00 Proposed and Approved Elevations SE-2317-02-AC-404 REV 00 Proposed and Approved Elevations

10.0 APPRAISAL

The key issues are:

- Principle of residential redevelopment;

- Housing need (& Affordable Housing Contributions)

- Number of dwellings and dwelling mix

- Layout, scale, massing, design and landscaping

- Impact on residential amenity;

- Highway impact and parking;

- Air quality;

- Other matters; and

- Section 106 agreement and developer contributions

Principle of development 10.01 The application site is a brownfield site that is allocated for residential

re-development within the Site Allocations Local Plan (SALP). This document has now been formally adopted, although a High Court Judicial Review challenge to its status has been received.

10.02 Government policy as set out in the NPPF requires Local Planning Authorities to

significantly boost the supply of housing (paragraph 47). Recent government statements and appeal decisions, including the decisions at Highgate Hill Hawkhurst (13/02828 and 14/503346) and Land at Common Road Sissinghurst (14/502645/OUT) have reinforced the importance of housing delivery.

10.03 The following are key considerations with regard to housing supply that are important

to the principle of residential development of this site; - The NPPF requirement to demonstrate a five year housing supply, and - The NPPF requirement for the housing supply set out within Local Plans to meet the

full Objectively Assessed Need (OAN). - The NPPG sets out that Local Planning Authorities should have a clear

understanding of the housing needs in their area, including those for people with specific housing needs.

10.04 The NPPF states that Councils should be able to demonstrate a five year supply of

deliverable sites sufficient to provide five years worth of housing against their housing requirements. The Inspector at the Sissinghurst appeal concluded that the Borough’s housing requirement in the Core Strategy cannot be considered up-to-date in terms of the Framework and that there is a significant shortfall. The need for market and affordable housing carried significant weight in terms of the social element of sustainability. The SHMA figure of 648 additional homes per year is considered to be an appropriate benchmark by which to assess whether housing needs are currently being met, when considered by previous Inspectors.

10.05 In such circumstances, the NPPF requires that applications should be considered in

the context of the presumption in favour of sustainable development (para14.) The Council should therefore be seeking to boost housing delivery on sites where


development is sustainable, especially urban previously developed sites. The acute housing shortage makes it particularly important to make the most efficient use of brownfield sites, subject to not conflicting with other policy objectives or site planning considerations.

10.06 In this instance, the site is identified within an adopted SALP and has an extant

permission for 58 flats. The site is located within a sustainable urban area and accords with Objective 2 of the Core Strategy that seeks to maximise the use of previously developed land and accords with the Spatial Strategy that seeks to focus new development within Royal Tunbridge Wells and Southborough. However, the proposed end user of the site (Assisted Living) and the reduction of the number of units should be given consideration in this case.

Housing need (& Affordable Housing Contributions)

10.07 The SHMA for the Borough was published in 2015 and sets out a different approach to certain types of accommodation for the elderly. When calculating the full objectively assessed housing needs (FOAN) for 2013-2033, specialist housing (that includes sheltered and extra care housing) formed part of the FOAN. Extra care housing is defined in this document as “designed with the needs of frailer older people in mind and with varying levels of care and support available on site”. Conversely, nursing homes were not included in the overall FOAN calculation.

10.08 A key consideration is whether the proposal is for a C2 use (ie providing residential

accommodation and care to people in need of care) or a C3 use (residential) or whether it may not fall within either class and constitute sui generis development. The result would impact on affordable housing and housing delivery considerations.

10.09 As previously set out, the site is allocated for general housing, C3 use. This

application seeks to provide ‘Assisted Living’ which is a type of Extra Care housing for the elderly. The scheme proposes indicators that the use could be C2 and also C3. These are summarised below:-

Indicators that the scheme is C2:-

- Communal kitchen, dining room and homeowners lounge - Occupiers are assessed to ensure they are ‘in need of care’ and are required to sign

up to a minimum care package (which can increase over time if care needs increase) - Qualified care and support workers provide care 24 hours a day 365 days a year - Provision of a guest room - Administration office - Mobility buggy store - Laundry facilities

Key indicator that the scheme is C3:-

Each apartment has its own kitchen and bathroom facilities and is capable of being occupied as a self contained unit of accommodation

Indicators that are neutral in the consideration of use class:-

- The age restriction to over 70 - Lifts are provided in both blocks - Reduced level of car parking

10.10 After consideration of the above factors it is considered that the use proposed would

fall within either a C2 use class or would be sui-generis (of its own kind). Either way, it is considered that the scheme does not provide dwellings that would fall within Use


Class C3 and therefore would not be liable for a contribution towards affordable housing as required under Core Policy 6.

10.11 With regard to housing delivery considerations and the need for housing for the

elderly, the SHMA identifies that the number of persons over the age of 65 is expected to grow substantially by 61% in Tunbridge Wells to 2033, with particularly strong growth expected in those over 75, driven by improving life expectancy and comment is made in the document that there is ’clear evidence of need for properties which are capable of accommodating peoples changing needs. Specialist housing includes sheltered and extra care housing’.

10.12 The need for specialist housing, such as the ‘assisted living’ housing proposed by

this scheme, forms part of the overall housing need identified and equates to an annual need of 70 dwellings and 1,391 over 2013-33. As the identified FOAN includes the need for specialist housing of this nature (but excludes residential institutions such as nursing homes) the proposed apartments on the site would count towards meeting the identified FOAN and the Borough’s five year housing supply.

10.13 Both the NPPF and the SHMA recognise that there are varying levels of need of

support for the elderly and the applicant states that the proposal is a concept (Assisted Living (Extra Care)) that enables the frail and elderly to buy care packages to suit their needs as they change over time.

10.14 In terms of the age upon entry, this is set at a minimum of 70 years of age, allowing

for a younger spouse/partner where necessary. A person must meet the Qualifying Person Criteria set out in the lease and agree to sign up to a residency agreement. McCarthy & Stone are prepared enter into a S106 and/or conditions to set the qualifying age.

10.15 There is an identified need for housing that provides for the changing needs of older

people. The application would address this and would provide specialist housing that would meet a specific need. This would accord with the approach taken on other such similar sites such as 11/01268 Crofton Lodge, Culverden Park Road and 13/03828/KCC Bowles Lodge. The development would contribute to meeting the FOAN and contribute to the choice of high quality homes, in accordance with the NPPF. These are all significant benefits that weigh in favour of the proposal.

10.16 It is noted that an application (13/02502) was approved for 26 “later living apartments

(Category II type sheltered) with communal facilities” at the Cranbrook Council Offices site, and this included affordable housing contributions. The scheme was restricted by condition to the age of 60 years or more, 55 years or more where two people share and one occupant is over the age of 60. The application was considered as 26 dwellings and not stated to include an element of care. The proposal at the Cranbrook Council offices site did not include communal dining, kitchen and laundry facilities. The site did provide an office, residents lounge and mobility buggy store, but generally appeared more as a residential scheme with limited communal facilities and no care package. It is considered that the schemes provide for different needs and there are significant and distinct differences between the schemes that enable a different conclusion to be reached in this case.

10.17 In conclusion, the proposal would contribute towards a specific housing need and

towards the FOAN and five year housing supply, in accordance with the NPPF. It is considered that the proposal would make a contribution towards specialist older person housing for persons in need of care, which does not fall within a C3 housing use, and therefore an affordable element has not been sought.


Number of units and dwelling mix

10.18 The previous approval on this site was for 23 one bed and 35 two bed apartments, that was considered an appropriate mix, that also allowed the best use of the site to be made. This application would represent an overall reduction of 10 apartments and would comprise an equal split of 24 one bed and 24 two bed apartments. It is of note that the numbers of units has been lowered due the nature of the development proposed, which no longer includes basement parking. The SALP policy does not specify an appropriate dwelling mix, and in view of the previous approval, the proposed mix is considered suitable and comparable.

10.19 The SALP allocation seeks approximately 31 dwellings. Whilst this application

would represent a reduction of the number of units from the consented scheme, the number proposed would still exceed the guide set out within the policy and therefore is considered to be an efficient use of land. Whilst the density was considered under the previously approved application, the density itself is not the key consideration but the scale and external appearance of how the building is perceived in the street scene, how it relates to adjacent properties and the effects on the highway. This application seeks to largely retain the overall scale, siting, design and appearance. The third block to the rear of the site was removed to make way for surface level parking (as no basement parking is provided). In view of housing need and the need to consider whether the proposal represents sustainable development, the proposed number of units is considered acceptable and to accord with the NPPF and Core Policies 1 and 9.

Layout, scale, massing, design and landscaping

10.20 The NPPF highlights the importance of good design. Paragraph 56 recognises that good design is a key aspect of sustainable development and should contribute positively to making places better for people. Paragraph 59 advises that design policies should avoid unnecessary prescription or detail and should concentrate on guiding the overall scale, density, massing, height, landscape, layout, materials and access of new development in relation to neighbouring buildings and the local area more generally. Paragraph 65 states:

‘Local planning authorities should not refuse planning permission for buildings or infrastructure which promote high levels of sustainability because of concerns about incompatibility with an existing townscape, if those concerns have been mitigated by good design (unless the concern relates to a designated heritage asset and the impact would cause material harm to the asset or its setting which is not outweighed by the proposal’s economic, social and environmental benefits’.

10.21 With the exception of the former chapel gable, the majority of the buildings on the site

were unsightly and detracted from the character and quality of the street scene. The redevelopment of the site provides an opportunity to improve the visual amenity of the area. The applicant has sought to reduce the impact of the proposal on the north east corner, adjacent to Tesco’s. In addition to the reduction in height on the northern boundary, adjacent to Tescos’, there would be an increase in the width of the building on the western elevation on the northern block from 14.3m (as approved) to 18m and the southern block as approved would be a maximum depth of 17.5m and is now proposed at approximately 22.2m. The rear block previously approved would be removed from the scheme. This scheme largely draws on the previously approved scheme, in terms of design, appearance and bulk and scale. The proposed east elevation would follow the appearance of the approved scheme in the wider street scene, in terms of overall height, scale and appearance and these


alterations would not be detrimental to the overall design and massing of the scheme.

10.22 The scheme has been designed to respond to the townscape context and to

reinforce local distinctiveness. Whilst the Civic Society maintain their previous objections, many of the local residents acknowledge the potential improvement to the visual appearance of the area. There has been significantly less objection to the scheme now proposed in regard to the bulk and scale of the development.

10.23 The principle of the bulk, height and scale has previously been accepted through the

extant permission. The applicant does not seek to revisit the analysis set out in the Design and Access Statement, other than to establish if the new proposals affect or alter the design approach.

Scale and massing 10.24 Although the frontage building is large, the apparent bulk of the building was

previously considered acceptable and the impact reduced by the asymmetrical design, the setting back of certain elements, including the bridge link, the use of contrasting lighter materials for the uppermost floor, and the extensive feature windows. The design to the front of the site is similar to that previously approved and these conclusions remain relevant. Despite the reduced scale of the northern block, when viewed from St John’s Road, the southern block will remain dominant, which is considered to be an appropriate architectural approach and reflects the previous gabled elevation of the chapel, providing some visual continuity and reference to the existing former chapel gable.

10.25 The design of the buildings now proposed step down towards the west, to a greater

extent than previously proposed. The stepping down of heights was an approach previously accepted on this site. The applicant has submitted drawings comparing the heights of the previous scheme and that now proposed. There would be a slight reduction in heights to the rear of the site (west).

10.26 The scale, heights and massing have been previously accepted on the site and the

proposal now seeks to reduce the heights and massing across the site, to the benefit of neighbouring occupiers, as addressed in other sections of this report, but in a way that would not compromise the overall design of the buildings.

10.27 The reduction in the built form and removal of the rear block would result in a more

spacious development with the setting of the development enhanced from the consented scheme.

Materials, detailing and landscaping

10.28 As reported, the design draws on the previously approved scheme that was considered to be of a modern, contemporary style, of a suitable red stock brick with stone details on the main frontage block and was considered to complement the Skinners School opposite and the nearby Victorian and Edwardian terraced houses. The proposal demonstrated architectural detail of interest, including string band course. The bridge link would remain a recessive element of the building and would be sensitively detailed.

10.29 The Urban Design Officer has confirmed (verbally) that he is generally supportive of

the proposals, although has asked that various important detailed matters are further considered through the imposition of conditions.


10.30 The provision of on-site renewable energy in the form of photovoltaic panels and the sustainable design features are acceptable and would be in a similar position to the approved scheme.

Conclusions 10.31 The proposed design makes a positive contribution to the townscape, and to local

character and distinctiveness as it reflects the architectural presence of the existing former chapel building. Its siting, scale, massing, height, design details and landscaping would not result in a significantly altered appearance from that previously approved. Accordingly the proposals comply with Core Policy 4 of the Core Strategy and Policy EN1 of the Local Plan. Impact on residential amenity; Overshadowing/loss of daylight

10.32 The scheme now submitted represents a reduction on the scale and massing of the

approved scheme, particularly on the northern elevation part of the site. A Sunlight and Daylight Report, dated May 2016, has been prepared. The report concludes that the impact in terms of daylight, the impact on 105a (above flat above Tesco’s) would be maintained in accordance with BRE guidelines. To the south, the tyre centre is commercial and has not therefore been considered further.

10.33 The impact on the properties to the west along Whitefield Road has been analysed

and the results confirm that there would be no adverse effect. 10.34 In terms of sunlight, one location would not automatically meet BRE’s guidance, 105a

St Johns Road (above Tesco’s). Two additional windows serving the same habitable room would remain above BRE’s requirements and therefore the overall effect is not considered to be adverse.

10.35 In view of the above, and that the proposed building would be lower and set further

from the boundary with 105a St Johns Road, than the approved scheme, and in view of the details submitted, it is considered that the impact on light to neighbouring properties would be acceptable. Privacy

10.36 In terms of privacy, the proposals demonstrate careful attention to the location of windows and balconies. With regard to the impact on the flat above Tesco’s store to the north, whilst the separation to this neighbour has been increased at this point from approximately 7m to approximately 10m, the applicant is nevertheless considering amendments to reduce potential overlooking arising from the position of kitchen and living room windows at the first, second and third floors that would face this neighbour. If necessary, this matter can be dealt with by way of a planning condition.

10.37 In terms of neighbours to the west on Whitefield Road, there would be some 35m

separation from these neighbours and the southern block, that rises to five storeys. This separation distance, with intervening car parking and landscaping, is considered sufficient to prevent a loss of privacy. The balconies proposed would not project beyond the rear elevation of this section of the building and are considered acceptable. The west elevation of the northern block is indicated to have frosted windows at first and second level, these would serve kitchen and hall windows, and with a 17.5m separation, it is not considered that the western windows on the northern block would result in a loss of privacy. Balconies proposed on the south side of the northern part of the site, would have horizontal louvres to the side, along


with the separation distance, this relationship is considered acceptable. The depth of the northern block would be slightly in increased from that approved, to 18m wide that would not impact on neighbouring properties. The proposal is considered to accord with policy EN1 in this respect.

Outlook/dominating impact

10.38 The fact that the northernmost building is further away from the flat above Tesco’s by 3m will be an improvement over the extant scheme.

10.39 To the west, the previously proposed rear block has been removed from the scheme.

The scheme has been designed with a single storey element closest to the western neighbours. The third floor of the northern block would be stepped in from western neighbours boundary by some 17.4m, an increase in overall separation due to the removal of the third block, and an increased set in from the boundary in the current scheme. The previous application would have resulted in development closer to the western boundary. The higher parts of the building are set away from existing properties to ensure the mass and bulk of the development would not be overbearing or oppressive. The rear of the site would be open, with car parking and landscaping, pulling development off the western boundary. The relationship to the western neighbours would not be significantly altered from the previously approved scheme.

10.40 It is anticipated that the Freeway Tyre & Exhaust site to the south may come forward

at some stage in the future and therefore it is important that these proposals do not compromise this. Therefore the building on the southern elevation has been designed without principle windows facing this site. Any windows proposed would be obscure glazed.

10.41 Based on the above considerations, it is concluded that the proposed development

would not result in any significant problems of overlooking, loss of daylight, overshadowing or result in an overbearing impact and would not therefore conflict with Policy EN1.

Highway impact and parking; Impact on highway network and highway safety and parking

10.42 Policy TP4 of the Local Plan seeks to ensure that there is sufficient capacity within

the road network to accommodate the development and that any additional traffic does not adversely affect the safe and free flow of traffic for other road users.

10.43 KCC Highways have been consulted and comment that the principle of residential

use on this site was established with the recent approval for 58 units and this current scheme for 48 assisted living apartments is likely to result in reduced resident car trips, although further details were requested regarding staffing and servicing levels as well as minor revisions to the proposed access. Final confirmation of staffing levels and servicing has been sought. A verbal update will be provided at Committee.

10.44 The access would in the same position as previously approved. KCC Highway’s

confirm that the minimum carriageway width can be achieved although this would encroach upon the footway. Whilst KCC Highways have not objected to this, final plans showing works to the highway and the tracking details for service vehicles are awaited. A verbal update will be provided at Committee. Confirmation of the headroom under the access bridge was sought and has now been shown to meet the 4.6m headroom required.


10.45 Regarding servicing arrangements, the applicant has confirmed that typically on a scheme of this size, there would be seven deliveries during the week, with a maximum on any one day being 3 deliveries and therefore some days no deliveries would take place. It is expected that the scheme would be managed on site, in terms of delivery times and arrangements, and that a full time chef would take and organise food deliveries. Whilst KCC Highways have questioned where the deliveries will access the building and where delivery vehicles will stand, it is considered that due to the surface car park and turning area being located to the rear of the site, servicing can be achieved clear of the highway. Nevertheless these details are important to the efficient functioning of the site and it is therefore recommended that a condition is imposed which requires the approval of the servicing arrangements.

10.46 Regarding parking, 1 parking space is reserved for the site manager and the other 23

spaces would be for residents and visitors. The site is located within the Tunbridge Wells Central Access Zone, where the maximum parking standard is one space per dwelling. It should be noted that this is a highly sustainable site and that this is a maximum standard. KCC Highways refer to a slightly different standard, for a sheltered scheme of 1 space per 2 dwellings plus provision for a warden, and raise concern at the lack of staff parking. Whilst the developer is to provide more information regarding typical staffing patterns and typical levels of car ownership, the applicant has confirmed that the proposed level of parking is comparable with their other developments. Given the nature of the site, its location and proposed use, the level of parking, along with the measures previously agreed such as transport infrastructure and parking restriction contributions, the level of parking, on balance, is considered to be close to the sheltered housing standard. In view of the site’s location, it is not considered that the application could be refused on levels of parking. In addition, it is recommended that a condition is imposed requiring the submission of a parking plan showing the allocation of spaces. Conditions also seek to assist in encouraging the use of public transport.

10.47 Section 106 contributions relating to highways and parking agreed with the extant

permission will be carried over to this scheme. In conclusion the impact on the highway and the parking arrangements are considered to be acceptable. Air quality

10.48 The site lies within an Air Quality Management Area where nitrogen dioxide pollutant levels are exceeding the air quality objective level. The A26 is heavily trafficked and traffic regularly queues outside the proposed development site. Core Strategy Policy CP5 requires all new development to manage and seek to reduce levels of air pollution. In accordance with SALP Policy AL/RTW18 the applicant has submitted an Air Quality Assessment, which includes mitigation measures, including the provision of mechanical ventilation and low nitrogen oxide boilers. The applicant has also agreed to make a S106 contribution towards the implementation of the Borough’s Air Quality Action Plan.

10.49 Environmental Services have raised no objections. It is noted that the proposed use

would introduce a vulnerable group into an area of poor air quality. The use of mechanical ventilation, enhanced glazing and low NOx boilers were previously accepted on this site. The Air Quality Action Plan seeks to improve local air quality by focussing attention on promoting sustainable travel, reducing emissions from traffic and supporting future developments that incorporate low emission strategies. Environmental Services recommend that conditions are imposed requiring details of the mechanical ventilation and maintenance thereof; electric vehicle “fast charge” point; and provision of a residents welcome pack relating to sustainable travel


options. These are included in the recommendation. However, the agent has confirmed that electric car charging points are not normally provided in McCarthy & Stone developments as the final users of the scheme either move in to the development without a car or of they do have a car at this time would not generally replace it for a newer model, which electric cars often are, considering the change in circumstances that necessitate their move. However, due to the presence of staff and visitors to the development, the applicant is willing to provide one car charging point, to be secured through condition, which is considered to be reasonable.

10.50 The proposals are therefore considered to comply with Core Strategy Policy CP5.

Other matters Noise

10.51 Local Plan EN1 seeks to ensure that proposed dwellings have an acceptable level of amenity. A Noise Assessment has been submitted that has assessed the noise from the A26 and, to a lesser extent, noise from the adjacent Tesco Express. As with the previous application for residential on this site, enhanced glazing and mechanical ventilation are recommended. Conditions relating to these matters are included in the recommendation. Conditions will be imposed to ensure that noise from any ventilation and other plant is controlled.

10.52 Whilst the site has now been cleared, noise is likely during construction and this

would be addressed through the condition requiring the submission of a Construction Management Plan. Whilst a CEMP has been submitted, it has not been currently agreed and it is therefore recommended to re-apply this condition. Contamination

10.53 Environmental Services have recommended the standard conditions relating to ground contamination are imposed and these have been included in the recommendation. However, submission of details to discharge conditions on the extant permission have been submitted but not formally agreed at the time of preparation of this committee report. In addition, the Site Investigation report submitted with the conditions discharge application have not been submitted with this application and therefore, it is recommended to re-apply the land contamination condition. However the applicant will seek to provide the necessary details prior to committee to prevent the need to re-apply this condition.

Drainage 10.54 The Surface Water Drainage Statement has been reviewed by Kent County Council,

who are the Lead Local Flood Authority and the Environment Agency. The report concludes that the re-development will continue to discharge surface water to the combined sewer located towards the east in St.Johns Road.

10.55 The statement also outlines the proposed SuDS features at the site which will

cumulatively attenuate up to and including the 1 in 100 year storm event plus a 20% allowance for climate change and an assessment up to 40% climate change event. The proposed drainage strategy follows the principles outlined in the previous drainage strategy for the consented scheme.

10.56 Southern Water have confirmed that surface water flows can be accommodated in

the combined sewer on the provision that the existing storm drains in this sewer and the flows will be attenuated result in a reduced site runoff that will not exceed discharge rates. The applicant would need to connect to the public sewer under Section 106 of the Water Industry Act in respect of surface water discharge.


Southern Water also confirm that they can provide foul as well as surface water disposal to service the proposed development.

Ecology

10.57 An extended Phase 1 Habitat Survey has identified that the site has minor potential to support breeding birds through small areas of scrub but is not considered to have the potential to support any other protected species within the site. In order to improve the site’s biodiversity value, sparrow terraces and bat tubes are proposed and the requirement for biodiversity enhancement is included within the recommended planning conditions. A financial contribution has already been made towards the management of the Broomhill and Reynolds Lane Pastures Local Wildlife Site in order to mitigate the increased recreation pressures on this site, in connection with the implementation of the previous permission, so this need not be requested in connection with this application. The proposals are therefore considered to be in accordance with Core Policy CP4 and Local Plan Policies EN1 and EN15, the amended proposals would not alter the approach taken on this site is regards to ecology. Heritage considerations

10.58 The buildings on the site have been demolished and the site cleared. This proposal does not affect any designated or non- designated heritage assets.

10.59 The former chapel, due to its façade, was considered to be a non-designated

heritage asset and therefore the application was considered against paras 135 of the NPPF and 39 and 41 of the NPPG. The significant harm resulting from the total loss of this non-designated heritage asset was considered to be outweighed against the specific public benefits of the previous scheme. Although the number of units has reduced by 10, the current proposals offer public benefits through the contribution made to the FOAN and five year housing supply.

10.60 Whilst the Civic Society have previously sought the retention of the façade, and maintain their objections on the current application, the principle of the loss of the façade has been previously agreed. However, recording of the former chapel façade has been undertaken in accordance with a condition on the extant permission.

10.61 The principle of the loss of the façade, a non-designated heritage asset, has been

previously agreed through the extant permission on the site. There are no heritage related issues to consider through the revised application.

Section 106 agreement, including the payment of developer contributions

10. 62 The National Planning Policy Framework states that planning obligations (such as Section 106 agreements) should only be sought where they meet all of the following tests:

necessary to make the development acceptable in planning terms,

directly related to the development and

fairly and reasonably related in scale and kind to the development. 10.63 The applicant is willing to enter into a Section 106 Agreement, which would secure

the matters set out below and, as summarised in the Proposals section of this report.

Water in the Wells / St James Recreation Ground Fountain restoration:


St James Recreation Ground Fountain restoration - £10,000 This contribution would be towards the restoration of the fountain at the nearby St James Recreation Ground, in accordance with Core Strategy Policy CP4.

Cycleway improvements Cycleway improvements - £20,000. This contribution is in accordance with Local Plan Policy TP4 and policies CP1, CP3 and CP5 of the Core Strategy and are as follows;

Air quality mitigation: Air quality mitigation - £5,000 towards the implementation of the Air Quality Management Area Action Plan in accordance with Policy CP5 of the Core Strategy.

Tunbridge Wells Cultural Hub Tunbridge Wells Cultural Hub (incorporating a new library) - £14,086.60 ( i.e. £16, 871.52 less the library contribution already paid of £2,784.92), in accordance with policy Core Policy 9 and SALP policy AL/RTW/2A.

10.64 The provision of affordable housing and the payment of the remainder of the youth

and adult recreation contribution are no longer considered to be necessary given the age and health condition of the future occupiers of the site.

Conclusion

10.65 This is a brownfield site that lies in a highly accessible location within the St Johns neighbourhood centre and close to Tunbridge Wells Town Centre.

10.66 The site is allocated for residential development in the recently adopted SALP. The

proposed residential use would count towards the Full Objectively Assessed Need (FOAN) and the five year housing supply and is therefore acceptable in principle. Whilst the proposals would not achieve the same number of units on the site as previously approved, it does exceed the 31 units anticipated within the SA DPD, and would be of an appropriate density given the proposed use and level of community facilities required for such a use. The site is within a sustainable location, would contribute both in housing numbers and range of housing. Such a use of the site would fully accord with sustainable development principles set out in national planning policy and the Council’s Core Strategy.

10.67 The site has now been cleared and the existing buildings, apart from the façade of

the former chapel, were considered unattractive. The proposal would improve the appearance of the site and the principle of large scale buildings has been previously accepted on this site. The scale and appearance of the buildings would not appear out of place.

10.68 The proposals do not raise any highway safety issues and adequate on site parking

has been provided. Contributions have been made through the implementation of the extant permission towards measures to address the visitor parking demands on nearby streets.

10.69 The impact on the scheme in terms of residential amenity is considered to be

acceptable and, with the taller elements of the development being located to the front of the site, it is not considered that the proposal would have any significantly adverse impact on the amenities of neighbouring occupiers.

10.70 For the reasons set out above, the application is recommended for approval subject

to the details set out below.


11.0 RECOMMENDATION

A. GRANT Subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991, in a form to be agreed by the legal services manager by 9th November 2016 (unless a later date be agreed by the head of Planning Services ) to secure the following;

(i) Developer Contributions towards:

Fountain restoration at St Johns Recreation ground - £10,000 Cycle way improvements - £20,000 Air quality mitigation - £5,000 Tunbridge Wells Cultural Hub - £14,086.60

(ii) Securing the transfer of the ownership of a narrow strip of land across the site

frontage to Kent County Council for incorporation into the highway to facilitate future potential road/cycleway widening.

(iii) Payment of the Council’s reasonable legal fees for the negotiation and satisfactory completion of the legal agreement.

(iv) Securing the development to ensure occupation only by those aged 70 and over and in need of care.

(v) Securing the use of the contributions already paid in respect of the Section 106 Agreement attached to permission 15/507556 (and similarly justified in connection with this proposal) as mitigation for the impact of this development.

and subject to CONDITIONS to include;

1) The works hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2) The development hereby permitted shall be carried out in accordance with the following approved plans:

SE-2317-02-AC-002 REV 02 Proposed Site Plan

SE-2317-02-AC-101 REV 08 Proposed Ground Floor Plan SE-2317-02-AC-102 REV 06 Proposed First Floor Plan SE-2317-02-AC-103 REV 06 Proposed Second Floor Plan SE-2317-02-AC-104 REV 06 Proposed Third Floor Plan SE-2317-02-AC-105 REV 06 Proposed Fourth Floor Plan SE-2317-02-AC-106 REV 05 Proposed Roof Plan SE-2317-02-AC-301 REV 04 Proposed Sections SE-2317-02-AC-302 REV 04 Proposed Sections SE-2317-02-AC-401 REV 07 Proposed Elevations SE-2317-02-AC-402 REV 07 Proposed Elevations SK44 SE-2317-02/AC-101 Ground floor plan – Sound Insulation Spec.

Reason: For the avoidance of doubt and in accordance with the requirements of the Town and Country Planning (General Permitted Development Procedure) (Amendment No.3) (England) Order 2009


3) Prior to the commencement of the construction works a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The construction of the development shall then be carried out in accordance with the approved Code of Construction Practice and BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) unless previously agreed in writing by the Local Planning Authority.

The plan shall include: - An indicative programme for carrying out the works - Measures to minimise the production of dust on the site - Measures to minimise the noise (including vibration) generated by the construction process - Details of areas for materials storage - Details of the site access and parking during construction, - Management of traffic visiting the site including parking provision for site operatives including an undertaking that HGVs must not reverse into or out of the site unless under the supervision of a banksman. - Measures to prevent the transfer of mud and extraneous material onto the public highway.

Reason: To protect the amenity of local residents and in the interests of highway safety.

4) During the demolition and construction phases, no works of demolition or construction shall take place other than within the hours Monday to Friday 08.00 to 18.00 hours, Saturday 08.00 to 13.00 hours and not at all Sundays or Bank Holidays.

Reason: To prevent disturbance to nearby residential properties

5) No development shall commence until the following components of a scheme to deal with the risks associated with contamination of the site shall have been submitted to and approved, in writing, by the local planning authority:

(1) A preliminary risk assessment which has identified: - all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site. (2) A site investigation, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. (3) A remediation method statement (RMS) based on the site investigation results and the detailed risk assessment (2). This should give full details of the remediation measures required and how they are to be undertaken. The RMS should also include a verification plan to detail the data that will be collected in order to demonstrate that the works set out in the RMS are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. (4) A Closure Report is submitted upon completion of the works. The closure report shall include full verification details as set out in 3. This should include details of any post remediation sampling and analysis, together with documentation certifying quantities and source/destination of any material brought onto or taken from the site. Any material brought onto the site shall be certified clean;


Any changes to these components require the express consent of the local planning authority. The scheme shall thereafter be implemented as approved.

Reason: The reason these details are required prior to commencement are to prevent harm to the environment and protect the health and safety of construction workers and future occupiers.

6) If during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason: To prevent pollution of controlled waters and comply with the NPPF.

7) Prior to the commencement of above ground construction works details of the mechanical ventilation system to serve the dwellings hereby approved and its arrangements for its maintenance shall be submitted to and approved in writing by the Local Planning Authority. The system shall be installed in accordance with the approved details and thereafter maintained in accordance with the approved details.

Reason: The reason these details are required prior to commencement are in order to protect the occupiers of the dwellings from adverse air quality conditions.

8) Prior to the first use of the premises, details of any plant (including ventilation, refrigeration and air conditioning) or ducting system to be used in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed Noise Rating Curve NR35 (in areas of low background sound levels a target of NR30 shall be achieved) as defined by BS8233: 2014 Guidance on sound insulation and noise reduction for buildings and the Chartered Institute of Building Engineers (CIBSE) Environmental Design Guide 2006. The equipment shall be maintained in a condition so that it does not exceed NR35 as described above, whenever it’s operating. After installation of the approved plant, no new plant or ducting system shall be used without the prior written consent of the Local Planning Authority

Reason: In order to protect the occupiers of the dwellings from adverse air quality conditions.

9) Prior to the occupation of the buildings, a scheme to demonstrate that the internal noise levels within the residential units will conform to the levels given in Table 4 design range for rooms as specified times identified by BS 8233 2014, Guidance for Sound Insulation and Noise Reduction for Buildings - Code of Practice, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall demonstrate that the recommendations within the Grant Acoustics Noise assessment REF GA-2015-0012 R1 Rev 5 (dated September 2015) can be met in all respects. The work specified in the approved scheme shall then be carried out in accordance with the approved details prior to occupation of the premises and be retained thereafter.


Reason: In order to protect the occupiers of the dwellings from undue disturbance by noise.

Prior to the commencement of above ground construction works, details of the finished ground floor levels, shown in relation to the existing and proposed site levels as well as eaves and ridge heights of neighbouring buildings, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details.

Reason: To ensure a satisfactory appearance on completion of the development.

10) Prior to the commencement of above ground construction works shall not commence until a detailed sustainable surface water drainage scheme for the site has been submitted to (and approved in writing by) the local planning authority. The detailed drainage scheme shall be based on the Technical Appraisal Report prepared by RSK (January 2016) and shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100yr storm) can be accommodated on-site and disposed of to the receiving public sewer network at a rate to be agreed with Southern Water.

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions.

11) No building hereby permitted shall be occupied until details of the implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include:

i) a timetable for its implementation, and ii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage system throughout its lifetime.

Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions.

13) Prior to the commencement of above ground construction works details shall be submitted for the installation of fixed telecommunication infrastructure and High Speed Fibre Optic (minimal internal speed of 100mb) connections to multi point destinations within the site. This shall provide sufficient capacity, including duct sizing to cater for all future phases of the development with sufficient flexibility to meet the needs of existing and future residents. The infrastructure shall be laid out in accordance with the approved details and at the same time as other services during the construction process.

Reason: In the interests of sustainable development

14) Notwithstanding the details submitted, above ground construction works shall not take place until details of the proposed hard and soft landscaping; including boundary treatments; together with a programme for their implementation, have been submitted to and approved in writing by the local planning authority. The submitted scheme shall include details of hard landscape works, including hard surfacing


materials; and details of soft landscape works, including planting plans and soil depths within the podium amenity area, tree pit details, written specifications (including cultivation and other operations associated with the management of the pleached trees on the site frontage and plant and grass establishment) and schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate, a programme of implementation and a 5 year management plan.

Reason: To ensure a satisfactory setting and external appearance to the development.

15) The approved details for landscaping and boundary treatments shall be carried out in accordance with the agreed details and programme. All soft landscaping shall be carried out in the first planting and seeding season following occupation of the buildings or the completion of the development, (whichever is the earlier) or in accordance with a programme agreed with the Local Planning Authority.

All hard and soft landscape works shall be carried out in accordance with the appropriate British Standards or other recognised Codes of Good Practice. All new planting shall be adequately staked and tied and shall be maintained for a period of 5 years. Any trees or plants which, within this period, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or diseased shall be replaced in the next planting season with others of the same species, size and number as previously approved, unless the Local Planning Authority gives written consent to any variation.

Reason: In order to protect and enhance the amenity of the area.

16) Prior to the occupation of the development, details of the proposed water features, including a timescale for their provision and arrangements for their maintenance shall be submitted to, and approved in writing by, the Local Planning Authority. The water features shall be provided in accordance with the approved details and in accordance with the agreed timescale and thereafter retained and maintained in accordance with the approved details.

Reason: To safeguard the characteristics of the locality.

17) Prior to the commencement of above ground construction works a scheme for the enhancement of biodiversity has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall take account any protected species that have been identified on the site, and in addition shall have regard to the enhancement of biodiversity generally. It shall be include a programme of implementation and monitoring. The scheme shall be implemented in accordance with the approved details and programme, and shall be permanently maintained.

Reason: To protect and enhance existing species and habitat on the site in the future.

18) Prior to the occupation of the development hereby approved, details of external lighting shall be submitted to, and approved in writing by the Local Planning Authority. These shall include a layout plan with beam characteristics and a schedule of light equipment proposed. The approved scheme shall be installed, maintained and operated in accordance with the approved details unless the Local Planning Authority gives its written consent to any variation.


Reason: To protect the appearance of the area and neighbouring residents from light pollution.

19) Prior to the commencement of above ground construction works written details and samples of any materials to be used externally, above foundation level, shall be submitted to the Local Planning Authority and a sample brick panel shall be constructed on site measuring at least 1m x 1m showing joint size, mortar finish, and colour and type of brick, and the approved panel shall remain on site until the work on these buildings has been completed. The development shall be carried out in accordance with the approved materials details unless otherwise agreed in writing by the Local Planning Authority.


20) Prior to the occupation of the development, details and drawings of fenestration profiles and colour, balconies and rainwater goods shall be submitted to, and approved by, the Local Planning Authority in writing, and the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.


21) Prior to the commencement of above ground construction works details of the size, materials and profile of the cornice of the frontage apartment building shall be submitted to, and approved by, the Local Planning Authority in writing, and the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.


22) Prior to the commencement of above ground construction works details of the external appearance and siting of utility meter boxes, flues and vents shall be submitted to, and approved by, the Local Planning Authority in writing, and the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.


23) Prior to the commencement of above ground construction works, written and illustrative details for renewable energy technologies to be used shall be submitted to, and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations.

24) Prior to the commencement of above ground construction works, details of water conservation measures within that phase of the development, shall be submitted to, and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: In the interests of water conservation.

24) Prior to the commencement of above ground construction works, written and illustrative details for energy conservation within that phase of the development shall


be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development, which meets the needs of current and future generations.

26) Prior to commencement of above ground construction works details of the off site works including creation of the access and dropped crossing points, reinstatement of the footway at the existing access points, installation of bus boarding kerbs at two bus stops and any accommodating works shall be submitted to the Council for approval following consultation with the highway authority. The approved works shall be carried out prior to first occupation of the development hereby permitted.

Reason: In the interests of highway safety and in order to maintain facilities for bus users.

27) Prior to commencement of above ground construction works details of the proposed provision and allocation of parking spaces within the site (including allocated, non-allocated and visitor spaces) and the subsequent management thereof shall be submitted to the Council for approval. The parking spaces shall be provided in accordance with the approved details prior to first occupation of the development hereby permitted and shall thereafter be managed in accordance with the approved management arrangements.

Reason: In the interests of highway safety and in order to not inconvenience other road users.

28) The area shown on the approved site layout plan as vehicle parking and turning shall be provided, surfaced and drained in accordance with details submitted to and approved in writing by the Local Planning Authority before the buildings they serve are occupied, and shall be retained for the use of the occupiers of, and visitors to, the development in accordance with the details approved in the preceding planning condition, and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 (or any Order revoking and re-enacting that Order), shall be carried out on that area of land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Reason: Development without provision of adequate accommodation for the parking and turning of vehicles is likely to lead to parking inconvenient to other road users.

29) A Residents Welcome Pack shall be made available to all new residents online and as a booklet, containing information and incentives to encourage the use of sustainable transport modes from new occupiers, including:

1. Maps showing the site in relation to walking, local buses, cycle routes, cycle stands, the nearest bus stops, and rail stations 2. Approximate time it takes to walk or cycle to various local facilities 3. Site specific public transport information including up to date public transport timetables 4. Links to relevant local websites with travel information such as public transport operator information, cycling organisations and the Council 5. Information on public transport season tickets and offers


6. Information on the health, financial and environmental benefits of sustainable travel

Reason:To promote the use of sustainable transport and reduce reliance on the private car.

30) Prior to the occupation of any of the units on the site the proposed bicycle storage facilities to serve that unit shall be provided and made available for use. The bicycle storage facilities shall thereafter be retained unless agreed otherwise in writing by the Local Planning Authority.

Reason: To ensure the provision and retention of adequate off-street parking facilities for bicycles in the interests encouraging alternative modes of transport.

31) Prior to the occupation of any of the units on the site the proposed refuse storage facilities to serve that unit shall be provided and made available for use. The refuse storage facilities shall thereafter be retained unless agreed otherwise in writing by the Local Planning Authority.

Reason: To facilitate the collection of refuse, preserve visual amenity, reduce the occurrence of pests and in the interests of highway safety.

32) No gates or barriers shall be erected across the access within 12 metres from the back of the carriageway used by vehicular traffic. Reason: In the interests of highway safety.

. 33) Before the development is occupied or brought into use a vehicle servicing area, shall be provided in accordance with details submitted to and approved in writing by the Local Planning Authority and the area shall be permanently retained available for this purpose.

Reason: In the interests of highway safety.

34) Prior to the occupation of any of the units hereby approved, details of the provision of at least 1 'fast charge' electric vehicle-charging point, including a timescale for its provision, shall be submitted to, and approved in writing by, the Local Planning Authority. The charging point shall be provided in accordance with the approved details and in accordance with an agreed timescale and retained thereafter.

Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations.

35) The access to the substation to the north of the site should be used solely by the statutory undertakers to gain access to the substation and no other purposes in connection with the development hereby approved.

Reason: In the interest of highway safety

36) All windows shown as “frosted” on the drawings hereby approved shall be fitted with obscured glass (privacy level/grade 3 or higher) and shall be non opening up to a height of 1.7m, the obscure glazing shall thereafter be retained.


Reason: To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties

37) The development hereby permitted shall incorporate measures to minimise the risk of crime. Construction works shall not commence until details of such measures, according to the principles and physical security requirements of Crime Prevention through Environmental Design (CPTED) have been submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented before the development is occupied and thereafter retained.

Reason for the condition: In the interest of Security, Crime Prevention and Community Safety and in accordance with Policies of the Borough/District Council's Core Strategy Plan (dated, page, section) and the guidance within The Kent Design Initiative (KDI) and protocol dated April 2013.

38) Before first occupation, the lower sections of the living room windows on the north elevation (serving flats 17, 30 and 43), facing the boundary with Tesco’s, shall be fitted with obscured glass (privacy level/grade 3 or higher) and shall be non opening up to a height of 1.7m the obscure glazing shall thereafter be retained.

Reason: To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties

39) Any facilities used for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume of the tanks. Reason: To prevent pollution of the water environment.

40) The development hereby approved shall be used and managed only as a scheme of leasehold accommodation with integrated services and facilities for older people. No unit of accommodation shall be occupied at any time other than by a person aged 70+ together with their spouse, partner or companion as appropriate, except that where a person aged at least 60 years is predeceased having resided within the development as a spouse, partner or companion, that person may continue to reside within the development. The operator of the development shall at all times, following occupation of the development, provide a range of well being services and facilities as described in the Planning Statement (April 2016), submitted in support of the planning application including procuring an agency registered for the provision of on site personal care to provide services to residents.

Reason: To ensure the retention of the approved use of the site.

INFORMATIVES 1/ Your attention is drawn to the Mid Kent Environmental Code of Development Practice, the terms of which should be met in carrying out the development.

2/ You are advised of the need to enter into an Agreement under S278and/or S38 of the Highways Act 1980 with Kent County Council for the approval of works to the highway before commencement of any works on the land. The Agreements Team can be contacted on 03000 41 81 81.

3/ It is the responsibility of the applicant to ensure , before the development hereby approved is commenced, that all necessary highway approvals and consents where


required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority.

4/ Regarding broadband connections the BT GPON system is currently being rolled out in Kent by BDUK. This is a laid fibre optical network offering a single optical fibre to multi point destinations i.e. fibre direct to premises.

5/ This development is the subject of an Obligation under Section 106 of the Town and Country Planning Act 1990.

6/ A formal application for connection to the public sewerage system is required in order to service this development, please contact Southern Water, Sparrowgrove House Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk

Case Officer: Marie Bolton NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website. The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.

http://www.southernwater.co.uk/