application proposal address recommendation …...with pinewood gardens. 1.04 the surrounding area...

Planning Committee Report 20 September 2017

REPORT SUMMARY

REFERENCE NO - 17/01191/FULL

APPLICATION PROPOSAL

Erection of 42 retirement living apartments with associated communal facilities, access, parking

and landscaping

ADDRESS Pinewood Court Pinewood Gardens Southborough Royal Tunbridge Wells Kent

RECOMMENDATION – Approve, subject to no new issues being raised by the

consultation, and the imposition of conditions and a Planning Obligation

SUMMARY OF REASONS FOR RECOMMENDATION

In the absence of a five year supply of housing, the housing supply policies of the Local Plan are considered to be ‘out of date’. Paragraph 14 of the National Planning Policy Framework (NPPF) requires that where relevant policies are out of date permission for sustainable development should be granted unless specific policies in the NPPF indicate that development should be There is no objection to the principle of the proposed development as the site is within the Limits to Built Development and is considered to be a sustainable form of development.

The number of units, density and mix of unit sizes is satisfactory and makes an efficient use of this site.

The proposal includes a commuted sum towards the provision of affordable housing off site.

The scale, layout and design of the development would respect the context of the site and preserve the visual amenities of the locality.

The development would not be significant harmful to the residential amenities of nearby dwellings by reason of loss of privacy, overshadowing, overbearing impact or noise.

The traffic movements generated by the development can be accommodated without detriment to highway safety.

Adequate on site parking is available for residents, staff and visitors.

Renewable energy measures have been satisfactorily incorporated within the proposals.

Other environmental effects have been addressed and there are not any which are potentially significant and cannot be controlled 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): £300,00 towards the provision of affordable housing off site

Net increase in numbers of jobs: 1

Estimated average annual workplace salary spend in Borough through net increase in numbers of jobs: £13,465


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

Estimated annual council tax benefit for Borough: £7,080.78

Estimated annual council tax benefit total: £70,807.80

Annual New Homes Bonus (for first 4 years): £42,000

Estimated annual business rates benefits for Borough: n/a

REASON FOR REFERRAL TO COMMITTEE

Major residential development recommended for approval

WARD Southborough

North

PARISH/TOWN COUNCIL

Southborough Town Council

APPLICANT McCarthy And

Stone Retirement Lifestyles Ltd

AGENT The Planning Bureau

Ltd

DECISION DUE DATE

12/07/17

PUBLICITY EXPIRY DATE

15/09/17

OFFICER SITE VISIT DATE

27/04/17

RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining

sites):

17/01787/DEMREQ Prior Notification for

demolition of

buildings

Prior approval not

required

12/07/17

SW/3/67/30A Construction of old

person’s Warden

Unit

Approved 02.07.1968

SW/3/67/30 The erection of

dwellings (Outline)

Approved 26.03.1968

MAIN REPORT 1.0 DESCRIPTION OF SITE

1.01 The site is located within the urban area of Southborough, just to the north of the

main shopping area of Southborough and to the south of the Neighbourhood Centre at Southborough Common. It is located to the east side of London Road (A26) immediately to the north of the junction with Pinewood Gardens. Vehicle access to the site is from Pinewood Gardens. There are 2 no. two storey blocks of 39 flats on the site, linked with a flat roofed single storey entrance area. One block is in an L-shape aligned with the frontage of the site with London Road and Pinewood Gardens. The second block is situated close to the northern and eastern boundaries of the site. The buildings date from the 1960/1970s and have shallow pitched roofs on the two storey elements. The access drive leads to an area of parking (8 formal spaces) with a small storage building and bin store. The communal grounds are mainly laid to grass with surfaced footways and some landscape planting including a number of trees.


1.02 The building was last in use as 39 self contained retirement flats (over 60s), with non-

resident management staff and some communal facilities. It is understood that they are now vacant. The original permission for the site was for dwellings, with no restriction on their occupation.

1.03 The site slopes up gently from London Road so that the building itself is set at a slightly higher land level when viewed from London Road (approximately 0.5 metre). The grounds are separated from London Road by a low brick wall. The site is level with Pinewood Gardens.

1.04 The surrounding area is predominantly residential with a mixed character. Pinewood Gardens is characterised by two storey detached and semi detached dwellings. St Andrews Court to the south of the site is a small cul de sac comprising flats and a medical centre. To the north of the site is Garlinge Road, a residential cul de sac with a mix of properties, including Victorian villas, a care home at Garland House and purpose built flats. Opposite the site on the west side of London Road is a mixture of dwellings and purpose built flats (4 storeys overall with a basement and rooms partially within the roof) and a restaurant at The Weavers (Grade II Listed).

1.05 The site is crossed by a public surface water and foul sewer pipe, which runs alongside London Road. The existing site contains separate foul and surface water drainage systems, both of which connect into the public foul and surface water networks respectively.

2.0 PROPOSAL 2.01 The application involves the demolition of the existing buildings on the site and the

erection of a new building providing 42 apartments over three storeys. The second floor would be partly contained within the roof space. The building would be on a similar but larger footprint to the existing L shaped block, with a car park for 34 cars and a drop off point to the rear and side of the building. The details state that the grounds would be landscaped to provide communal gardens. It is proposed to retain the existing planting to the front of the building, and contain the site behind a small brick wall and railings along the road frontages, with a hedge behind.

2.02 The scheme would provide 12 no. one bedroom apartments and 30 no. two bedroom

apartments. It is proposed that the apartments would be for occupation by persons over 60 years of age. Where there is a second occupant in a unit the minimum age would be 55 years. The proposal would include communal facilities (club lounge, guest suite, office, reception, mobility and cycle store and grounds). The architect and agent have confirmed that the ground level of the building would be set approximately 0.5 metres above the road level on London Road. This means that as the land levels rise slightly towards the east the building would be set slightly below the existing land levels towards the eastern end of the site.

2.03 The design of the buildings is generally traditional, drawing from local architectural

styles. The roofs are pitched, with some gable features and dormer windows. The external materials would include reconstituted stone, white painted render, red brickwork, tile hanging and plain tiling to the roof.

2.04 Since the application was originally submitted it has been amended. This has

resulted in a reduction in the height of parts of the roof and eaves level, and on the rear sides of the building has resulted in an altered roof form, with a flat roof with


parapet replacing an area of pitched roof resulting in an increase in the height of the eaves and an additional window at second floor level.

3.0 SUMMARY INFORMATION

Existing

Proposed Change (+/-)

Site Area 0.45 ha 0.45 ha

Floor area 2,074 sq m 3,969 sq m + 1,895 sq m

Number of jobs Not known 1

Car parking spaces (inc. disabled) 8 34 + 26

No. of storeys 2 3 + 1

Max height Approx. 7

metres

10.4 metres + 3.4

Max eaves height Approx. 5

metres

7.8 metres + 2.8

No. of residential units

1 bed units:

2 bed units

39

38

1

42

12

30

+ 3

- 12

+ 29

No. of affordable units 0 0 n/a

4.0 PLANNING CONSTRAINTS Inside Limits to Built Development The Weavers – Grade II listed building on west side of London Road approximately

30 metres from the building to the nearest corner of the application site (statutory duty to preserve or enhance the significance of heritage assets under the Planning (Listed Buildings & Conservation Areas) Act 1990)

Air Quality Management Area 5.0 POLICY AND OTHER CONSIDERATIONS

The National Planning Policy Framework (NPPF)

National Planning Practice Guidance (NPPG) Site Allocations Local Plan 2016

- Policy AL/STR1 Limits to Built Development 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 10 – Development in Southborough

Tunbridge Wells Borough Local Plan 2006 - Policy EN1 – Development Control Criteria


- Policy EN8 – Outdoor Lighting - Policy EN13 – Tree and Woodland Protection - Policy EN16 – Protection of Groundwater - Policy EN18 – Flood risk - Policy H5 – Residential development within the Limits to Built Development - Policy R2 – Recreation open space in development of more than 15 bedspaces - Policy CS4 – Development contributions to school provision - Policy TP3 – Multi modal access for large scale residential developments - Policy TP9 – Cycle parking

Supplementary Planning Documents: Affordable Housing 2007 Kent Design Guide Contaminated Land Noise and Vibration 2014 Landscape and Nature Conservation 2002 Recreation Open Space 2006 Renewable Energy 2007 (and update 2016) KCC Interim Guidance Note 3 – Residential Parking 2008 Other Relevant Documents TWBC Cycle Strategy Adopted March 2016 KCC Drainage and Planning Policy Statement June 2017 6.0 LOCAL REPRESENTATIONS 6.01 A total of 4 site notices were displayed at the site on 27/04/17 and a notice was

printed in a local newspaper on 05/05/17. Two of the site notices were displayed on the London Road frontage, one on Pinewood Gardens by the access to the side and one on Garlinge Road. Additional consultation is being carried out at present on the amended plans. Any further representations will be reported verbally to the Planning Committee.

6.02 As a result of the public consultation process, representations have been received

from 24 respondents. Three of these were in support of the proposal, and one of them stated that earlier concerns had been addressed by the applicant. Some of the respondents have written more than once. The objections that have been raised are summarised as follows:

Regret loss of sheltered housing and concerned that there is little evidence of need for private retirement flats in the Borough.

The replacement building is too tall in relation to surrounding buildings, particularly those on Pinewood Gardens. Should reflect scale of Pinewood Gardens (2 storey). Three storeys are too many.

The building is too close to the boundaries, especially the front boundary, and therefore appears cramped and overdeveloped.

Pinewood Gardens has a special architectural character which should be respected.

Concerns over retention of boundary treatments and treatment of boundaries, in terms of privacy and security.

The height and scale of the building will result in loss of sunlight and privacy to neighbouring dwellings.

Balconies will allow overlooking of neighbouring dwellings.


There is insufficient parking on site. Query the applicant’s information with regard to likely car ownership, which seems to be underestimated. Will cause increased pressure on on-street parking in the area, already used by visitors to dentists, doctors’ surgery, Tesco Express etc.

Additional traffic generated by the proposal will cause problems at junction with Pinewood Gardens.

Construction traffic and parking will need to be carefully manged and controlled through a planning condition.

Queries over date of consultation and availability of plans on the website. 7.0 CONSULTATIONS Southborough Town Council 7.01 06/06/17 and 06/09/17 – Initial comments suggested that the developer should revert

to the original plan of a two storey development at both ends, covering Garlinge Road and No. 1 Pinewood Gardens (the first house) due to its being out of keeping with the street scene and detrimental to residential amenities. The latest comments recommend that permission should be granted.

Environment Agency 7.02 27/04/17 – No comments to make as this proposal falls outside remit as a statutory

planning consultee. Southern Water 7.03 18/08/17 and 18/05/17 – There is a public surface water and foul sewer within the

site. The exact position of the public sewers must be determined on site by the applicant before the layout of the proposed development is finalised. No development or new tree planting should be located within 3.5 metres either side of the centreline of the public surface water sewer and no development or new tree planting should be located within 3 metres either side of the centreline of the public sewer. All existing infrastructure should be protected during the course of construction works. No new soakaways should be located within 5 metres of a public sewer. Reference is made to the use of SUDS. The applicant will need to ensure that arrangements existing for the long term maintenance of the SUDS facilities. Drainage details to be submitted and include responsibility for the implementation of the SUDS, a timetable of implementation, and a management and maintenance plan for the lifetime of the development. This should include arrangements for adoption. Recommend condition requiring details of foul and surface water drainage. Note that there is insufficient capacity at present at the Southern Water’s Bidborough Wastewater Treatment Works. Officer Note: Southern Water has provided comments direct to the applicant that there is sufficient capacity in the existing system for the additional foul sewerage. The responsibility for any upgrading works that may be required to wastewater treatment facilities rests with Southern Water, not the developer.

UK Power Networks 7.04 04/08/17 – No objection. KCC Regeneration Projects 7.05 24/04/17 and 11/09/17 – Initially requested a contribution towards the library element

of Southborough Hub to provide additional space and books. However, as the existing building provided 39 flats and the net increase is therefore only 3, there is no requirement for a financial contribution. Requests informative in relation to the provision of superfast broadband.


KCC Flood and Water Management 7.06 15/05/17 and 17/08/17 – No objection to the proposed drainage strategy and

recommends a condition. Due to the increase in impermeable area as a result of the redevelopment, recommend that the feasibility of using infiltration for the permeable paving areas is assessed prior to any detailed design work to promote controls on the total run off volume being disposed off-site.

KCC Highways 7.07 09/06/17 and 04/08/17 – The existing sheltered accommodation which comprises 39

units with 8 parking spaces will be replaced with 42 retirement living apartments with 35 parking spaces to be accessed via an alternative access point from Pinewood Gardens. It is acknowledged that there is a significant increase in parking provision at the site, and that this is a relatively sustainable location. Additional information has been provided regarding the levels of parking provision at other similar developments and the levels of parking proposed in this case is typical. No objection subject to an appropriately worded condition or agreement to ensure that the housing remains for older people. Conditions are also required in relation to the use of the access door onto the A26 being for residents/pedestrians only, provision of the parking and turning spaces, provision of pedestrian visibility at the vehicular access and works to the highway should include the reinstatement of the footway at the existing access point. Also requests two informatives.

KCC Archaeology 7.08 11/09/17 - The CgMs report is a reasonable report providing baseline assessment of

heritage issues. It is however a bit dismissive of the post medieval use of this site. Consider that remains associated with the post medieval use of this site may survive and it would be of local heritage interest to record such remains. Recommend archaeological watching brief condition.

Mid Kent Environmental Health Shared Service 7.09 15/05/17 and 09/08/17 – No objection subject to conditions. In relation to noise, the

report submitted concludes that the uprated glazing and whole house ventilation will be required in the area identified as zone A. The details submitted in relation to noise control measures during construction and demolition do need to be more extensive but this can be covered by condition.

In terms of land contamination, the site investigation includes a recommendation for a cover system to be installed. However the extent of the site investigation is limited to only 5 boreholes across the site, this is likely to be due to restricted access and further investigation should be completed following demolition.

The air quality assessment is satisfactory and concludes that the site will not impact

on the AQMA or be affected by air quality issues. However, due to the scale of the development a condition is requested to ensure mitigation of the overall emissions associated with the scheme.

TWBC Client Services 7.10 27/04/17 and 14/08/17 – May need to enlarge the existing bin area to accommodate

recycling. Notes discussion of turning area and access for 11.2/11.4 vehicle for waste collections from KCC. Query whether TWBC would be making the collection or whether alternative collection arrangements may be required by the owners/managers of the proposed development.


TWBC Conservation Officer 7.11 17/08/17 – The impact of the proposal on the setting of the nearby Listed Building

‘Weavers’ will be very limited if any. The existing building on the site is relatively low key and set back from the road. Its simple construction gives it a domestic scale frontage, simulating a terraced form. The proposed building is substantially taller and not of a domestic scale, appearing institutional. Its impact on the street scene will be substantially greater than the self-effacing domestic scale of the current building.

TWBC Economic Development 7.12 07/07/17 – Require contribution towards cycling improvements in the TWBC Cycle

Strategy of £20,000. Officer note: As explained in the Appraisal section below, such a contribution is not justified as there is a net increase of only 3 dwellings.

TWBC Parking Services 7.13 07/08/17 – No comment to make with regard to parking issues. TWBC Landscape and Biodiversity Officer 7.14 08/09/17 – Agrees that the building has moderate potential to support bats. The

submitted bat Extended Phase 1 Habitat Survey states that further surveys are needed in the form of two emergence/re-entry surveys between May and September. Both long eared and pipistrelle bat species can be encountered in buildings of this age and style in urban areas around Tunbridge Wells and Southborough. The low pitched roofs make use by long eared bats less likely but still possible as both day roosts and a maternity roost. Roof voids, cladding, hanging tiles and soffits are used by a number of crevice dwelling species, which most commonly in these locations are common and soprano pipistrelles. All three are common species. Use as a hibernation site is unlikely. It is necessary to ensure that the building is not demolished until a survey has been carried out and the necessary detailed scheme of mitigation has been provided and approved. If the application is approved without the further surveys conditions requiring surveys, mitigation and enhancements are required, prior to any works or demolition. The proposed building may require some minor alterations to accommodate particular species or roost type provisions and this should be reflected in the conditions. Provided the issue is approached in this way it is likely that any bats found can be properly catered for.

As this building is proposed to be demolished any bats present would be affected and

the scheme would then require a licence as any roost present would be destroyed. Such a situation would require the Council to consider the derogation tests under the Habitats Directive and the likely outcome of the scheme obtaining a licence. Officer Note: Prior approval has already been granted for the demolition of the building under reference 17/01787/DEMREQ.

TWBC Housing 7.15 11/09/17 – No objection subject to an off site commuted sum. It would be difficult to

provide affordable housing on site as the development is in one block. The commuted sum will need to be negotiated.

8.0 APPLICANT’S SUPPORTING COMMENTS (SUMMARISED) 8.01 Older Persons housing has significant economic benefits as residents rely on local

shops and services for their every day needs. A report produced by ORB identifies that a scheme of 55 residents generates a spend in local shops of £610,000 per annum, and when compared to a conventional housing development some £2.3 million more in local spending over the lifetime of the scheme.


8.02 The scheme itself would provide between 1 and 2 full time equivalent posts in the long term, whilst the redevelopment of the site is likely to see local jobs generated through the construction of the scheme. On average McCarthy & Stone employ circa 60 local companies connected with the construction professions in building their proposed schemes, with anticipation that this would create local work for in the region of 120 people.

8.03 Older Persons housing has significant social benefits for residents in terms of health

and well being which reduces pressures on local health care facilities, and for many can provide companionship in later life. It also has a positive effect on the recycling of local housing stock, freeing up under occupied family housing.

9.0 BACKGROUND PAPERS AND PLANS Drawing numbers: PP/3163/PINEWOOD/F1 Topographical Survey SE-2420-03-AC-100 Site Location Plan SE-2420-03-AC-204 Artists Impression

SE-2420-03-AC-101A Site Layout Plan SE-2420-03-AC-102 Proposed ground floor plan SE-2420-03-AC-103 Proposed first floor plan SE-2420-03-AC-104 Proposed second floor plan SE-2420-03-AC-200A Proposed elevation A SE-2420-03-AC-201A Proposed elevation B SE-2420-03-AC-202A Proposed elevations C and D SE-2420-03-AC-203A Proposed elevations E, F and G SE-2420-03-AC-205B Proposed street scene to London Road and Pinewood Gardens SE-2420-03-AC-106 Proposed levels PP/3163/PINEWOOD/F2 Existing elevations PP/3163/PINEWOOD/F3 Existing floor plans SE-2420-03-AC-105 Site plan indicating adjacent properties Pinewood Verified Views numbered 1-4 (August 2017)

Construction Method Statement 14/02/17 Demolition Method Statement 14/02/17 Landscape Design (Outerspace) 30/03/17 Noise Impact Assessment (24 Acoustics) reference R6830-01 Rev 0 24/03/17 Planning Statement (Planning Bureau Ltd) March 2017 Design and Access Statement (BDB Design) April 2017 Extended Phase 1 Habitat Survey (Innovation Group) Ref E-13480 19/12/16 Sustainability Statement (Focus) 31/03/17 Air Quality Assessment (PBA) Ref 40673/3001 April 2017 Archaeological Desk Based Assessment (CGMS Consulting) December 2016 Flood Risk Assessment/Outline foul and surface water drainage strategy (WSP) ref

70006032 March 2017 Site Investigation Report (Crossfield Consulting) ref CCL02912.CC83 January 2017 Statement of Community Involvement (Remarkable Engagement) 27/03/17 Transport Statement (Odyssey) Ref 16-414 March 2017

10.0 APPRAISAL 10.01 The site is within the Limits to Built Development (LBD) of Southborough and the

proposal is for the redevelopment of 39 flats with 42 retirement (age restricted) flats with some communal facilities. The proposal results in a net increase of 3 flats. The key issues are considered to be as follows:


The principle of the development

No. of units and mix of unit sizes.

Affordable housing and developer contributions

The impact on the character and appearance of the area including design and scale.

The impact on residential amenity of neighbouring occupiers

Traffic and parking

Drainage

Other issues: contaminated land, ecology, air quality, archaeology, refuse, renewable energy

Background Information 10.02 The last use of the building has been described in some of the supporting information

as a care home. However, there is no evidence that this was the case. The original planning permission was for dwellings on the site, granted in 1968, and there has been no permission since then for the use of the building as a care home. TWBC Housing Services have (verbally) confirmed that the property was run by Town and Country Housing Group as sheltered flatted accommodation for the elderly. While there was an element of communal facilities, the flats were self contained.

Principle of Development 10.03 Para 47 of the NPPF requires the Council to meet the full, objectively assessed

needs (OAN) for market and affordable housing in the Borough and to identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional 5% buffer. The Council currently cannot demonstrate a five year housing supply compliant with the OAN figure (albeit untested). In such situations the NPPF advises that:

“housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites”’ (Para 49).

10.04 Paragraph 14 of the NPPF states that where such policies are out-of-date a

presumption in favour of sustainable development applies and local planning authorities should grant permission:

“unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this framework taken as a whole; or

specific policies in this Framework indicate development should be restricted”.

10.05 The issue of sustainability is multi-faceted, incorporating economic, social and environmental considerations. The location and accessibility of the site is sustainable in its proximity to services/facilities. The site is located within the LBD of Southborough, where adopted (but now out of date) Policy H5 of the Local Plan indicates that infill development can be acceptable. The Core Strategy states that dwellings will be delivered on sites to be allocated and released in accordance with Core Policy 1, which in turn states priority will be given to the release of previously developed land (PDL) within the LBD. The provision of three additional dwellings


would contribute to the Borough’s housing need, which would have social and economic benefits. The existing building has been vacant for a while and is understood to be in need of repair and not suitable for conversion. The proposal would therefore have environmental and social benefits in terms of bringing a site into use to meet some of the Borough’s housing need.

10.06 This site is located within a predominantly residential area in Southborough. It is has

good accessibility to local services and facilities and is on a bus route, with connections to Tonbridge and Tunbridge Wells. The site is not classified as Previously Developed Land (PDL) as it constitutes private residential garden which is specifically excluded from the definition of PDL in the NPPF. The provision of flats will help to support local businesses as the occupiers are likely to shop in and visit the local area, bringing an economic benefit.

10.07 Overall, the proposal would appear to be in compliance with (now out of date) Policy

H5 of the Local Plan and would result in the redevelopment of PDL that would comprise sustainable development. Having regard to the presumption in favour of sustainable development and the requirements of paragraph 14 of the NPPF, planning permission should therefore be granted unless any other material considerations indicate otherwise. The following sections of the report assess whether the proposal accords with other elements of policy in the NPPF and the Development Plan. Overall, the proposal is considered to comprise sustainable development and there is no objection in principle to the proposal.

Number of units and mix of unit sizes 10.08 The proposal would result in a net increase of three flats on the site. Paragraph 58

bullet points 3 and 4 of the NPPF advices that planning decisions should aim to ensure that developments optimise the potential of the site to accommodate development, whilst also responding to local character and history, and reflect the identity of local surroundings and materials. While the proposal would not significantly increase the number of dwellings on the site, it is considered to be of an appropriate density for this area.

10.09 The proposed development would provide high quality retirement flats, with a mix of 1

and 2 bedroom units. It would provide a greater number of 2 bedroom properties than the existing building but this is considered to be appropriate. This would help to meet the requirement for housing for older persons within the area and the Borough. Overall there is no objection to the number and mix of units.

Affordable housing and developer contributions 10.10 Under development plan policies as well as the NPPF and NPPG, there is a

requirement for new developments to meet some of the needs generated by future occupiers. Such requirements are normally sought on proposal that result in a net increase of 10 more dwellings. As there is a net gain of three dwellings, there is no requirement for financial contributions towards the provisions of services and facilities to meet the needs of the additional dwellings, as the threshold for requiring contributions is a net gain of 10 dwellings. Requests from service providers for financial contributions have been made in relation to this application, on the basis that the existing use of the building was as a care home. There is therefore no requirement for contributions towards the provision of cycle route or library improvements.


10.11 In terms of the requirement for affordable housing, Core Policy 6 sets out that affordable housing will be sought on sites capable of delivering 10 dwellings or more, as a proportion of the total number of dwellings (35%). The applicant has submitted a viability assessment which indicates that the proposal would generate a ‘surplus’ that would be put forward to meet the affordable housing requirements off-site. This has been subject to an independent review. This has concluded that the approach to assessing the viability of the scheme has been appropriate, and that a significant number of the assumptions used have also been found suitable. The review raised a small number of points for checking, which has been carried out. The ‘surplus’ that is available to meet affordable housing requirements is £300,000.

10.12 The applicant states that due to the unique nature of the specialist retirement

development proposed, an off-site contribution is sought. TWBC Housing has commented that an off site contribution is appropriate as it would be difficult to provide affordable housing on site unless it was in a separate block. The payment of £300,000 towards the provision of affordable housing off-site is considered to be acceptable in this instance, due to the specialist nature of the development and the difficulty of providing affordable units within a large block. It is considered that the contribution is appropriate, in the light of adopted development plan policies and the outcome of the viability appraisal process.

Impact on the Character and Appearance of the Area 10.13 Paragraph 60 of the NPPF states that ‘planning policies and decisions should not

attempt to impose architectural styles or particular tastes, and they should not stifle innovation, originality or initiative through unsubstantiated requirements to confirm to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness’. Policy EN1 of the Local Plan sets out criteria that new development should meet. In particular, Criterion 3 seeks to ensure that the design of the proposal should respect the context of the site, in particular in terms of its scale, site coverage, external appearance, roofscape, materials and landscaping. With this in mind, it is necessary to consider the impact of the proposed development on the site and surrounding area.

10.14 The proposal is within a predominantly residential area, with a mixture of family

houses and purpose built flats in the vicinity of the site, as well as some other uses such as the dental surgery and medical centre. There is a variety of styles in the immediate area, with forms being generally traditional with pitched roofs. The building would have the appearance of a purpose built block of flats, with the extra storey height distinguishing it from the clearly domestic scale of the existing building currently on the site. However, it is important to view the proposal within its context. It would clearly be taller than the two storey scale of the dwellings in the surrounding area, including Pinewood Garden and London Road. However, taller buildings have been permitted in recent years opposite the site on London Road and to the north. Furthermore, the taller elements are within the central portions of the proposed building, with the height stepping down towards the northern end adjacent to Garland House, and to the east adjacent to the access to the site, where the building is seen more within the context of Pinewood Gardens. This variation in height creates some visual interest and avoids a building of this size appearing monolithic. Overall, while it is acknowledged that the proposed building would be taller than its immediate neighbours, it is not considered that this would appear so out of keeping as to be harmful to the street scene or the character of the area, and that in view of the size of the site the variations in height and roof form are acceptable.


10.15 The building would be set further away from Garland House to the north than the existing flats, and it would be separated by the vehicular access from houses to the east on Pinewood Gardens, giving a good amount of spacing to either side and to the rear of the building. It would be set back a similar distance from London Road to the existing building. It is acknowledged that the building would be set closer to the southern road frontage with Pinewood Gardens than the existing building. However, it is considered that there would still be sufficient space to the front of the building to allow some landscape planting and to avoid the building appearing cramped or overly prominent in the street scene. Due the land level rising slightly towards the east, the building would be set slightly below the existing land levels at its eastern end. This would reduce its prominence when viewed in the context of the two storey dwellings on Pinewood Gardens. This would mean that the building would be set below the level of the vehicular access to the site by approximately 0.6 metres, with a retaining wall on the end of parking bays 1-8 to the east end of the building. Overall, the scale and height of the building, its footprint and siting are considered to be acceptable.

10.16 The Conservation Officer is satisfied that there would be very little impact on the

setting of the Weavers (Grade II listed), opposite the site to the north west. 10.17 As underground services run along the London Road frontage, it is understood that

the intention is to retain the landscaping here as well as the slightly higher land levels relative to the level of London Road. The existing open boundary to the road frontages would be replaced with a low wall and railing, with hedge behind. Subject to details of this being provided, this is considered to be an appropriate boundary treatment, similar to others in the area.

10.18 The materials would be traditional, reflecting those found on buildings within the

vicinity of the site. They have been selected to help to break up the bulk of this building and provide visual interest to the elevations, whilst still achieving a clear identity for the building. Subject to details being approved by condition, it is considered that the range of materials is acceptable.

Residential Amenity 10.19 The nearest properties which could be affected by the proposal are Nos. 2-8 Garlinge

Road to the north side of the site, properties to the east and south on Pinewood Gardens, and neighbouring properties on London Road. Policy EN1 of the Local Plan sets out that new development should not cause significant harm to the residential amenities of neighbouring properties in terms of daylight, sunlight and privacy, and should provide adequate residential amenities for future occupiers of the development.

10.20 The proposed building would be just over 10 metres from the rear elevation of

Garland House at No. 2 Garlinge Road, which is in use as a care home. This compares with the existing situation where the building is approximately 7 metres from the rear elevation of Garland House. It is considered that at this distance, the increased height of the building would not cause significant loss of daylight or sunlight to Garland House. The windows in the north elevation closest to Garland House would serve ensuite bathrooms and a condition is suggested to ensure that these are obscure glazed. On this basis it is not considered that a harmful degree of overlooking of Garland House would occur.

10.21 The nearest part of the proposed building would be at approximately 16 metres from

the rear elevation of No. 4a Garlinge Road, and at this distance it is not considered this would adversely affect the outlook from that property. Windows in the


northernmost elevation of this proposed building would be obscure glazed. Some overlooking could occur from the windows serving principal habitable rooms on the east facing elevation towards 4a, 4 and 6 Garlinge Road but the angle of potential overlooking would be oblique towards 4a. In terms of overlooking from other windows, on the elevations on the rear sides of the building towards properties on Garlinge Road, it is considered that due to a combination of the distance and angles involved a harmful degree of overlooking would not occur. In terms of overshadowing of properties on Garlinge Road, it is considered that the separation distances are sufficient to avoid any significant impacts. The existing block that is very close to the rear boundaries on Garlinge Road in relation to Nos 4, 6 and 8 Garlinge Road would be removed, with the new building being a minimum of 4 metres further away from this boundary. This would improve the situation for these neighbouring properties in terms of overshadowing and overlooking.

10.22 To the east of the site the adjacent properties are Nos 1 and 2 Pinewood Gardens.

Again, the removal of the existing block would be beneficial in terms of overlooking and overshadowing of the rear garden of No. 1 in particular. The new block would be set more in line with No. 1 rather than to the rear, and therefore there is less potential for overlooking of its garden. It would also be set significantly further away, and it is considered that, despite the increase in height, the proposal would not be harmful to the residential amenity of these properties.

10.23 The properties on the south side of Pinewood Gardens, facing the site, would clearly

have a different view from their front facing rooms. However, due to the distances involved it is not considered that the new building would appear overbearing. While there would be overlooking from south facing habitable rooms, towards existing houses, these elevations are already publicly visible the relationship between the proposed development and these houses is typical for a suburban area such as this.

10.24 In terms of the residential amenity of the proposed new flats, the building has been

designed so that the main habitable rooms have adequate daylight, sunlight and privacy. Overall, the proposal is considered acceptable in terms of residential amenity.

10.25 Concerns have been raised by neighbours in terms of boundary treatments and

fences. A condition is recommended to ensure that boundary treatments are adequately controlled in the interests of visual and residential amenity.

10.26 Some residents have also expressed concern at noise and disturbance during

construction, as well as parking of construction vehicles and staff cars. A construction method statement has been submitted with the application, and it is considered that a condition requiring the method statement to be implemented in accordance with the submitted document is justified, due to the location of the site in a relatively tight knit residential area and the A26.

Traffic and Parking 10.27 Kent Highways has commented on the proposal and has not raised any objections on

the grounds of traffic generation from the site. The access onto Pinewood Gardens would provide a safe access to the site, and while more traffic would be using Pinewood Gardens as a result of the proposal, the access onto the A26 London Road is adequate. The site is in a relatively sustainable location, where there is easy pedestrian access to most every day services, facilities and shops, as well as good accessibility to the bus route.


10.28 At the request of Kent Highways, additional information has been provided in relation to the typical parking requirements of this type of development. Kent Highways are now satisfied that adequate parking is provided, noting that it is a significant increase in parking relative to the existing 8 spaces to serve 39 flats which currently exist. Subject to the age of the occupiers being restricted, there is no objection on parking grounds.

Drainage 10.29 A drainage strategy has been provided with the application. The existing site drains

into the foul sewer and the surface water sewer and it is understood that these are separate systems. It is proposed that the proposed development will also drain into the existing foul sewer. In terms of surface water, a SUDS is proposed which would reduce the rate of run off into the public surface water sewer, resulting in a betterment of 57% compared to the existing scenario. Details of the design of the SUDS, its maintenance and management can be required by condition, as requested by the Kent Flood and Water Management Team.

10.30 The applicant states that Southern Water has confirmed that the existing foul water

sewer can accommodate the small increase in foul water from the proposed development, resulting from the three additional flats that would be created, and a copy of the correspondence with Southern Water was provided with the application. Southern Water has commented that there is currently insufficient capacity at the Bidborough Wastewater Treatment works, but have not raised any objection to the proposal. However, the responsibility for any upgrading works that may be required to wastewater treatment facilities rests with Southern Water, not the developer. A condition is requested for details of foul and surface water drainage.

Other Matters Contaminated Land 10.31 A site investigation has been submitted with the application. Environmental Health

consider that additional boreholes are required, but these are dependent on the demolition of the building. A condition is recommended to ensure that this work is carried out and the results submitted prior to any further work on the site. On this basis no objection is raised on land contamination grounds.

Biodiversity 10.32 A Phase 1 Habitat Survey has been submitted with the application. It identifies that

there is little ecological interest on the site and makes some recommendations for mitigation and enhancement. It also identifies that the building has moderate potential for bat roosts and recommends two emergence/re-entry surveys for bats to be undertaken between May and September. It would have been preferable for the bat surveys to have already been carried out. However, it is noted that prior approval has already been granted for the demolition of the building, which therefore does not form part of this proposal. The surveys cannot therefore be required under this application. Bats are a protected species under legislation and the developer will need to ensure that they comply with legislation, seeking a licence from Natural England if necessary.

10.33 A condition is recommended seeking details of habitat enhancements to be

submitted for reptiles, bats and birds. Details of landscaping are also required, with particular reference to supporting biodiversity enhancements.


Air Quality 10.34 The site is within the northern extremity of the Air Quality Management Area (AQMA)

on the A26. The Environmental Health Team has requested details of measures to contribute to improving air quality. However, as this proposal results in a net increase of only three dwellings it is not considered that requiring such measures would be justified.

Archaeology 10.35 An archaeological report has been provided with the application. It finds that, due to

the developed status of the site, the site has low archaeological potential. Comments have been received from KCC Archaeology, who consider that the potential for post-medieval has been treated dismissively, and that there is some potential for such remains to have survived. In the light of this, an archaeological watching brief is recommended and this can be secured through a condition.

Refuse storage 10.36 Provision is made for refuse storage within building, with access from the car park for

collection vehicles. No objection has been raised by Kent Highways in relation to the provision of space for refuse vehicle to turn on site, and these arrangements are considered to be acceptable. It is noted that TWBC Client Services has raised some queries about the bin store. It is understood from discussions with the applicant’s agent that refuse collection for similar developments would normally be carried out by the local authority, as has previously occurred at this site. The refuse collection vehicle would either collect from Pinewood Gardens or could use the site access for turning if necessary. No objection is raised on these grounds.

Renewable Energy

10.37 The Council’s Renewable Energy SPD and update of 2016 requires that renewable technology be incorporated into new developments in order to reduce predicted CO2

emissions by 10% for all residential developments greater than 10 dwellings. The 2016 update specifies that the 10% requirement can be negotiated if a developer is able to prove that they will achieve energy standards significantly beyond Building Regulations requirements.

10.38 The proposal includes energy efficiency measures which significantly exceed

Building Regulations requirements for thermal insulation. In terms of renewable energy, solar photovoltaic panels are proposed for the roof, which would result in a 10% reduction in CO2 emissions. An indicative layout is shown for the panels and further details can be required through a condition. In the event that the details submitted indicate that the solar panels would require planning permission in their own right a planning application will need to be made for this. The applicant has also incorporated water conservation measures and these will be secured through a condition.

CONCLUSION 10.39 The site is within the urban area of Southborough, and the proposal is considered to

be a sustainable form of development which makes a financial contribution towards the provision of affordable housing off-site. The impact on the character and appearance of the area would be acceptable. The proposal would not be significantly harmful to the residential amenity of neighbouring occupiers. All other matters have been considered and found to be acceptable, subject to conditions and a Planning Obligation.


11.0 RECOMMENDATION – A Delegated powers to GRANT subject to THE COMPLETION OF A PLANNING

OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) IN A FORM TO BE AGREED BY THE HEAD OF THE LEGAL PARTNERSHIP MID KENTLEGAL SERVICES BY 30TH SEPTEMBER 2017 OR SUCH EXTENDED TIME AGREED BY THE HEAD OF PLANNING SERVICES TO SECURE THE FOLLOWING:

A contribution of £300,000 towards the provision of affordable housing off-site within the Borough of Tunbridge Wells.

Payment to cover the Council’s legal costs. CONDITIONS Standard Time Limit (1) The development hereby permitted shall be begun before the expiration of 3 years

from the date of this decision.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. Approved Plans

(2) The development hereby permitted shall be carried out in accordance with the following approved plans: SE-2420-03-AC-101A Site Layout Plan SE-2420-03-AC-102 Proposed ground floor plan SE-2420-03-AC-103 Proposed first floor plan SE-2420-03-AC-104 Proposed second floor plan SE-2420-03-AC-200A Proposed elevation A SE-2420-03-AC-201A Proposed elevation B SE-2420-03-AC-202A Proposed elevations C and D SE-2420-03-AC-203A Proposed elevations E, F and G SE-2420-03-AC-205B Proposed street scene to London Road and Pinewood Gardens

Construction Method Statement 14/02/17 Demolition Method Statement 14/02/17 Archaeological Desk Based Assessment (CGMS Consulting) December 2016

External Materials (3) Written details including source/ manufacturer, of bricks, tiles and cladding materials to

be used externally shall be submitted to and approved in writing by the Local Planning Authority before any above ground works are commenced and the development shall be carried out using the approved external materials.

Reason: In the interests of visual amenity

Obscure Glazing (4) Before the first occupation of the building hereby permitted the windows serving

bathrooms shall be fitted with glass that has been obscured in the manufacturing process to Pilkington level 3 or higher (or equivalent) and shall be non-opening up to a maximum height of 1.7m above internal floor level. Both the obscured glazing and the non-opening design shall be an integral part of the manufacturing process and not a


modification or addition made at a later time. The windows shall thereafter be retained as such.

Reason: In the interests of protecting the residential amenities of adjacent dwellings

Occupation of the Building (5) No unit of accommodation shall be occupied at any time other than by a person aged

60 or older together with their spouse, partner or companion as appropriate, except that where a person aged at least 55 years is predeceased having resided within the development as a spouse, partner or companion, that person may continue to reside within the development.

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

New vehicle access

(6) The access and vehicle crossover, including pedestrian visibility splays (2m x 2m with no obstruction over 0.6m), shall be provided as shown on the approved drawings prior to the first occupation of the dwellings hereby approved.

Reason: In the interests of highway safety. Vehicle parking and turning (7) The area shown on the approved plan as vehicle parking space and turning shall be

provided, prior to the first occupation of the dwellings hereby approved, and shall be retained for the use of the occupiers of, and visitors to, the development, and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (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 of

vehicles is likely to lead to parking inconvenient to other road users. Existing vehicle access (8) Prior to the first occupation of the building hereby approved, the existing vehicular

access to Pinewood Gardens shall be permanently closed and the vehicular crossover shall be reinstated to footway.

Reason: In the interests of the visual amenity of the site and highway safety. Landscape details (9) No above ground works shall take place until a landscape scheme designed in

accordance with the principles of the Council's landscape character guidance has been submitted to and approved in writing by the local planning authority. The scheme shall show all existing trees, hedges and blocks of landscaping on, and immediately adjacent to, the site and indicate whether they are to be retained or removed. It shall include a planting specification, a programme of implementation and a 5 year management plan. The landscape scheme shall specifically address the need to include biodiversity enhancements.

Reason: In the interests of visual amenity and biodiversity. Landscape Implementation (10) All such landscaping shall be carried out during the planting season (October to


February). Any seeding or turfing which fails to establish or any trees or plants which, within five years from the first occupation of a property, commencement of use or adoption of land, die or become so seriously damaged or diseased that their long term amenity value has been adversely affected shall be replaced in the next planting season with plants of the same species and size as detailed in the approved landscape scheme unless the local planning authority gives written consent to any variation.

Reason: To safeguard the amenity and nature conservation value of the trees that

have failed and to maintain, enhance the character and appearance of the local area and to ensure that the amenities of neighbouring properties continue to be protected.

Biodiversity mitigation and enhancement (11) Prior to the commencement of any above ground works, a scheme for the mitigation of

any impacts on and enhancement of biodiversity (reptiles, birds and bats) on the site shall have been submitted to and approved in writing by the Local Planning Authority. This shall include bat boxes/tubes/lifted tiles integrated into the fabric of the building sufficient that identified roosting opportunities for bats and birds are sustained on site and details of habitat manipulation and improvements for reptiles and amphibians. The approved scheme shall have regard to the enhancement of biodiversity generally. It shall be implemented in accordance with the approved proposals within it and shall be carried out in perpetuity.

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

Levels (12) The building hereby approved shall be constructed at the level shown on drawing

number SE-2420-03-AC-106. Reason: In the interests of the amenities of the area. Archaeology (13) No ground works shall take place until the applicant, or their agents or successors in

title, has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification which has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved watching brief.

Reason: To ensure that features of archaeological interest are properly examined and

recorded. Surface water drainage details (14) Development shall not begin 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 upon the proposals of the Flood Risk Assessment / Outline Foul & Surface Water Drainage Strategy by WSP ref, 70006032, March 2017 and demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of without increase to flood risk on or off-site. The drainage scheme shall also demonstrate that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to receiving waters. The approved scheme shall be fully implemented.


Reason: To ensure that the principles of sustainable drainage are incorporated into

this proposal and to ensure ongoing efficacy of the drainage provisions. These details are required prior to the commencement of the work to ensure that a suitable drainage scheme can be implemented.

Surface water drainage implementation (15) 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.

Foul drainage (16) None of the dwellings hereby approved shall be occupied until works for the disposal

of sewage have been provided on the site to serve the development hereby permitted, in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

Reason: To avoid pollution of the surrounding area. Land contamination (17) The development hereby permitted shall not be commenced 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: These details are required prior to the commencement of the development to ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

Construction Environmental Management Plan (18) Prior to the commencement of the construction works a Construction Environmental

Management Plan shall be submitted to and approval 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: (i) An indicative programme for carrying out the works (ii) Measures to minimise the production of dust on the site(s) (iii) Measures to minimise the noise (including vibration) generated by the construction process to include the careful selection of plant and machinery and use of noise mitigation barrier(s) (iv) Maximum noise levels expected 1 metre from the affected façade of any residential unit adjacent to the site(s) (v) Design and provision of site hoardings (vi) Management of traffic visiting the site(s) including temporary parking or holding areas (vii) Provision of off road parking for all site operatives (viii) Measures to prevent the transfer of mud and extraneous material onto the public highway (ix) Measures to manage the production of waste and to maximise the re-use of materials (x) Measures to minimise the potential for pollution of groundwater and surface water (xi) The location and design of site office(s) and storage compounds (xii) The location of temporary vehicle access points to the site(s) during the construction works (xiii) The arrangements for public consultation and liaison during the construction works Reason: This information is required prior to the commencement of construction works in order to protect the amenity of local residents and in the interests of highway safety.

External Lighting (19) 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.

Renewable Technologies (20) Prior to the erection of the building hereby approved, written and illustrative details for

renewable energy technologies within the development, including the position of PV panels, 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 order to ensure a satisfactory standard of development which meets the needs of current and future generations. Such details are fundamental to the application and are therefore required prior to its commencement.

Water Conservation (21) Prior to the erection of the building hereby approved, written and illustrative details for

water conservation within 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 order to ensure a satisfactory standard of development which meets the needs of current and future generations. Such details are fundamental to the application and are therefore required prior to its commencement.

Boundary treatments (22) Prior to the commencement of construction, details of boundary treatments details

(including walls, fences and railings) shall be submitted to and approved in writing by the Local Planning Authority. These details shall include a plan indicating the positions, design, materials and type of boundary treatment to be erected. The approved boundary treatments shall be completed in accordance with a timetable previously agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details and shall be permanently maintained. Reason: To ensure a satisfactory appearance for the development in the interests of visual amenity and to safeguard the privacy and amenities of the occupiers of the existing neighbouring dwellings area and future occupiers. Hard Landscape Details

(23) Prior to the commencement of above ground works, details of hard landscape works shall be submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure including retaining features; car parking surfacing; other vehicle and pedestrian access and circulation areas; hard surfacing materials.

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

Noise (24) The recommendation of acoustic report R6830 shall be implemented prior to

occupation of the premises and be retained thereafter. Reason: In the interests of the residential amenity of future occupiers. Informatives: (1) Kent County Council recommends that all developers work with a telecommunication partner or subcontractor in the early stages of planning for any new development to make sure that Next Generation Access Broadband is a fundamental part of the project. Access to superfast broadband should be thought of as an essential utility for all new homes and businesses and given the same importance as water or power in any development design. Please liaise with a telecom provider to decide the appropriate solution for this development and the availability of the nearest connection point to high speed broadband. We understand that major telecommunication providers are now offering Next Generation Access


Broadband connections free of charge to the developer. For advice on how to proceed with providing access to superfast broadband please contact [email protected] (2) 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. Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called ‘highway land’. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have ‘highway rights’ over the topsoil. Information about how to clarify the highway boundary can be found at http://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land. The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.) (3) This permission is subject to a Planning Obligation. (4) The applicant’s attention is drawn to the provision of Wildlife and Countryside Act 1981.

B IF THE APPLICANTS FAIL TO ENTER INTO SUCH OBLIGATION BY 30TH

SEPTEMBER 2017, THE HEAD OF PLANNING SERVICES SHALL BE AUTHORISED TO REFUSE PERMISSION FOR THE FOLLOWING REASON (UNLESS A LATER DATE BE AGREED BY THE HEAD OF PLANNING SERVICES):

1. The proposal fails to make adequate provision for affordable housing, contrary to

the National Planning Policy Framework 2012, the National Planning Practice Guidance, Core Policy 6 of the Tunbridge Wells Core Strategy 2010 and Policy H6 of the Tunbridge Wells Local Plan 2006.

Case Officer: Kevin Hope 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.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land

http://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land