DEVELOPMENT CONTROL BOARD 4 December 2008 Reference: 05/00308/OUT Officer: Mrs Sonia Bunn Location: Northfleet West Sub Station

Southfleet Road Swanscombe Kent

Proposal: Redevelopment of site comprising a mixed use of up to 1500 dwellings & up

to 22,000 sq m of non-residential floorspace for: business & employment; shopping, food & drink & professional services; hotel use; community, health, education & cultural uses; assembly & leisure facilities & associated works to provide the development

Applicant: National Grid Property

Agent: C B Richard Ellis/N Dixit

Target Date: 26/05/2005 Parish / Ward: Swanscombe & Greenhithe T.C. / Greenhithe RECOMMENDATION: That planning permission be granted subject to the following: i. referral to the First Secretary of State ii. the conditions as set out in Appendix E (with delegated authority being given to officers to make minor changes to the

wording in order to ensure that these are complementary to the s106 agreement) iii. the completion of the section 106 agreement in order to deliver the requirements set

out in the report. iv. the completion of the following strategies to the satisfaction of the Local Planning

Authority in order to ensure that they deliver the requirements set out in the report:

Transport Strategy, Design, Landscape, Open Space and Public Realm Strategy Sustainable Development Strategy, Community Participation Strategy, January 2008

SITE SPECIFIC POLICY Structure of Report to DC Board 1. Summary and Recommendation 2. The Site

3. Development Proposals Application Detail Form of development envisaged 4. Planning History 5. Procedural Issues Environmental Statement Additional Information Consultation Referral to First Secretary of State 6. Policy Context Background Relevant Policy Guidance 7. Eastern Quarry Overview / Relationship of NWSS to EQ2 8. Councils approach to dealing with application 9. Section 106 Agreement and Strategies 10. Key Issues 11. Conclusion 12. Appendices A. Full description of development B. Bibliography of application documents C. Submissions and responses to consultations D. Section.106 heads of terms E Conditions 1 SUMMARY 1.1 The purpose of this report is to enable Members to determine the application for mixed-use development comprising residential, business, education, community and social facilities, and supporting retail and commercial facilities and associated works to provide the development. 2 THE SITE 2.1 The site which is the subject of this application is approximately 36 hectares in area and lies to the south-east of Eastern Quarry. The site is currently occupied by 3 electrical sub-stations but the remainder of the site is in agricultural use. 2.2 The site is bounded to the south by the A2 and to the east by Southfleet Road and the Ebbsfleet development and Ebbsfleet International Station is just 500 m to the north east. The western and northern boundaries of the site are bounded by the DS20 Public Right of Way and beyond this the Eastern Quarry 2 (EQ2) development site. The topography on these boundaries is distinct, as the land falls away to the quarried area. The only level ground between the two sites is therefore approximately 200m westwards from Southfleet Road.

2.3 The site lies approximately 1.6 km (1 mile) to the south of Swanscombe and about 9.6 km (6 miles) to the east of Dartford. Gravesend is about 3.2km (2 miles) to the east. 2.4 Power is generated at Littlebrook power station and transmitted through power lines to the Northfleet West Sub Station where it is transformed down. However, with the upgrading of Northfleet East Sub Station (in Gravesham) two of the substations on the Northfleet West Sub Station site are due to be decommissioned and the third sub-station will be rationalised and reduced in size. 2.5 A power line runs across the eastern part of the site and continues northwards towards Northfleet. Vehicular access to the substations is currently gained via a small access road off the southernmost roundabout on Southfleet Road. There are no other accesses into the site, either pedestrian or vehicular. 2.6 The Ebbsfleet development, lies east of the site, across the other side of Southfleet Road. 3 DEVELOPMENT PROPOSALS Application Detail 3.1 In March 2005 an outline planning application was submitted, by the applicant, for land at Northfleet West Sub Station, Southfleet Road. The application, referred to as NWSS, comprises built development for a mixed-use development of residential, business use, retail, and community uses, open spaces and associated uses and infrastructure. The full description of the development proposals is included at Appendix A to this report. 3.2 The applicants proposed land use distribution for this site can be summarised as: - Up to 1,500 dwellings - Up to 10,000 sq m gross floorspace for Use Class B1(a), offices, Class B1(b) (studios and laboratories) and Class B1 (c) (light industrial) use - Up to 2,500 sq m gross floorspace for Class A uses (retail, food and drink and professional services) - Up to 4000 sqm gross floorspace for Class D1 ( Community, health, education and cultural uses) - Up to 500 sq m of gross floorspace for Class D2 (assembly and leisure) uses - Up to 5,000 sq m for hotel uses (Class C1) - No less than 33% of the site shall be open space. 3.3 Following discussions with officers the form of development assessed in the 2003 Environmental Statement has been refined. A revised submission was most recently made in September 2008. In addition the applicants are preparing Strategies which will provide more detail on the development to be progressed, and commitments to provision of infrastructure which support the requirements of the section 106 agreement. 3.4 The application submission now comprises the following documents: Planning Statement; Environmental Statement Non-technical summary; Environment Statement; Regeneration Statement; Illustrative master plan report; consultation assessment report; solid waste management strategy; drainage strategy; bio-diversity strategy; supplementary archaeological assessment; update on transport issues; means of access plan; existing levels; site plan; parameter plans;illustrative masterplans; open space plans. Strategies have also been submitted as follows: Design, Landscape, Open Space and Public Realm Strategy Transport Strategy Sustainable Development Strategy All of which require revision and are subject to on-going discussion with officers. A Community Participation Strategy has also been submitted which is now considered acceptable

Form of development envisaged 3.5 The development is in outline and therefore the detailed design is a matter for later consideration. The application includes parameters plans which set out the limits of the key proposals which the application has been assessed against in the Environment Statement. The parameters plans show the broad disposition of land use also. Parameters plans have been drawn up showing a development of 1000 dwellings and also 1500 dwellings. 3.6 The reason for preparing two sets of parameter plans is to demonstrate how both the minima and maxima amount of development can be provided on site. Until such time as the archaeological investigation is completed it is impossible to predict the amount of land available for development. This is explained further in paragraph X below. Therefore the application is actually seeking permission for development somewhere between 1000 and 1500 dwellings 3.7 The form of development envisaged for the site is essentially the creation of local centre to the north of the site which will be an area of mixed use, with land for the primary school and community uses directly to the south of this . A hotel site is proposed in the south east corner of the site with the remainder of the development being residential. In the 1000 dwellings option this forms a C-shape around the site with the central and eastern part largely remaining as open space. The 1500 dwelling option indicates a circular route with residential clustered around it and the provision of a central local park. 3.8 The variations in levels and the A2 trunk road to the south, limit access into the site; the only vehicular accesses will be from the eastern boundary via the existing roundabout to the south and directly off the single carriageway Southfleet Road to the north. There will also be a footpath/cycleway through to Eastern Quarry 2 to the north, as well as pedestrian accesses to the public right of way and a footpath/cycleway to the southern boundary 4 PLANNING HISTORY 4.1 In January 2003 an outline planning application was submitted for the redevelopment of Eastern Quarry, including the Northfleet West Sub-Station site, a total area of approximately 310 hectares. This application was amended in September 2003. The proposal is for 7,250 dwellings and up to 267,250 square metres for business premises, education, commercial and social facilities, hotels, theatre, and supporting retail and leisure facilities plus associated works. The application is still under consideration, although the application for the development of that part of the site, known as EQ2, which is the quarry itself has been approved. 5 PROCEDURAL ISSUES Environmental Statement 5.1 The key environmental impacts examined in the Environmental Statement (ES) submitted in March 2005 include: - Socio-economic effects - Transportation - Air Quality and Climate change - Water Resources - Ground conditions and contamination - Noise - Archaeological - Ecology - Landscape and Visual Impact - Design 5.2 The ES is supplemented with the following technical appendices: - Transport Assessment - Traffic data and analysis

- Noise Survey results 5.3 Subsequently the following additional information has been submitted: - a Drainage Strategy; - Flood Risk Assessment ; - supplementary Archaeological Assessment; - Bio-diversity Strategy; - Supplementary transport information; - Supplementary noise assessment - Waste Management Strategy 5.4 The environmental effects caused by the construction and operation of the new settlement have been summarised in the ES Non Technical Summary. The assessment in the ES took into account a range of mitigation measures, aimed at ameliorating negative environmental impacts of the development. These mitigation measures will be secured through Section 106 obligations, conditions and through the Strategies being produced and action plans to be approved in due course. 5.5 It is for the local planning authority (or the Secretary of State) to decide whether the information provided about the site, design, size or scale of a proposed development gives a sufficient description of that development so that an informed assessment can be made of its likely effects upon the environment. I would advise Members that the information provided in the ES satisfies this test and is sufficient for the purposes of the Environmental Impact Assessment Regulations. Officers have considered the proposal in detail with advice from technical bodies and I am of the opinion that the ES presents a proper and reasonable assessment of the likely significant environmental impacts of the proposed development. Consultation 5.6 This application has been under consideration for some 3 and half years now and as additional information has been submitted and amendments made there have now been 3 consultation periods. As the application is complex and many of the issues have remained the same at each consultation stage, consultees have been advised that previous representations will be taken into account and therefore they only need to reply if they wish to or if they feel they need to make further comments. All the consultations undertaken in connection with the Northfleet West Sub Station site application have been summarised in Appendix D. 5.7 The applicants also undertook a programme of public consultation prior to submission of the application and submitted a report with the planning application summarising this. This consisted of meetings with local representatives, a public exhibition, focus group, project website and information line. 5.8 The Borough Council initially consulted on the application in June 2005. Following the revision to the application in 2007 the proposal was consulted upon again in the July 2007, letters being sent out to all the same consultees as previously and letters sent to any further people who had made representations. This process was repeated again in September 2008 when amended plans were submitted. 5.9 All the consultee responses received are summarised fully within Appendix C. But broadly responses were received from 2 neighbouring occupiers in connection with this application whilst several more were received from technical consultees and service providers. Referral to First Secretary of State 5.10 Under the Town and Country Planning (Development Plans and Consultations) (Departures) Directions 1999, an application which is a departure from the development plan and over a certain size must be referred to the Secretary of State if the authority is minded not to refuse it. The adopted development plan for the area comprises the Kent and Medway

Structure Plan 2006 and the adopted Dartford Local Plan 1995. The former excludes the site from the Green Belt and allocates it for a mixed use development, although the adopted Local Plan 1995 still designates the site as Green Belt. However, as the Structure Plan is the most current adopted plan this takes precedence and it is not considered that the application is a departure under the Directions. 5.11 However, under the Town and Country Planning (Residential Development on Greenfield Land) (England) Direction 2000, as the site lies partly on greenfield land, is over 5 hectares and proposes more than 150 houses, the application must be referred to the Secretary of State for consideration before permission is granted. 6 POLICY CONTEXT Background 6.1 The Thames Gateway area was first earmarked as the 'main opportunity for growth' in the South East with the government's guidance document Regional Planning Guidance for the South East (RPG9). Within the Thames Gateway, Kent Thameside was identified as one of two major growth points. This strategy was reconfirmed in the updated RPG9, published in 2001, and elevated from a regional to national priority. The development potential of Eastern Quarry was first formally acknowledged in RPG9a: The Thames Gateway Planning Framework (1995). The Government's vision for Eastern Quarry was subsequently reinforced in the Kent Structure Plan (1996) and in the latest adopted Kent and Medway Structure Plan 2006 in which the site is allocated for 'a series of linked and integrated communities with an emphasis on housing provision with social and community facilities and business development to be developed in accordance with a Master Plan and integrated with a new and improved public transport network (Fastrack)¿. The Secretary of State has recently published Proposed Changes to the draft Regional Spatial Strategy for the South East of England (the South East Plan) and consultation on these have been completed. Policy KTG1 sets out the Core Strategy to be co-ordinated through local and central Government policies. This seeks to make full use of previously developed land and locate major development in order to exploit the potential of the regional hub at Ebbsleet. Paragraph 19.6 states -concentrations of new dwellings, employment and services at major regeneration locations: at Thameside, notably at the strategic sites of Eastern Quarry'.' The Local Plan Review Amended Second Deposit Draft April 2004 defines the precise boundaries of the Eastern Quarry site, which includes the Northfleet West Sub-Station land, and sets out in more detail the principles that should guide the redevelopment of Eastern Quarry. A planning brief was prepared in order to take forward the broad policy for the site and provide a basis for consideration of planning applications. The Eastern Quarry Planning Brief was adopted in July 2002. Relevant Policy Guidance 6.2 In considering the planning application the following statutory and non statutory planning guidance are considered relevant: National Policy Guidance: - PPS1: Delivering Sustainable Development 2005 - PPS1 supplement: Planning and Climate Change 2007 - PPS3: Housing, November 2006 - PPS6: Planning for Town centres 2005 - PPS9: Biodiversity and Geological Conservation August 2005 - PPG13: Transport, March 2001 - PPG16: Archaeology and Planning, November 1990 - PPG17: Planning for Open Space, Sport and Recreation, July 2002 - PPS22: Renewable Energy, August 2004 - PPS23: Planning and Pollution Control 2004

- PPG24: Planning and Noise, September 1994 - PPS25: Development and Flood Risk, December 2006 Regional and Sub-Regional Planning Guidance: - RPG9: Regional Planning Guidance for the South East - RPG9a: Thames Gateway Planning Framework - the South East Plan: The Secretary of State¿s Proposed Changes to the draft Regional Spatial Strategy for the South East of England July 2008 - Thames Gateway Interim Plan November 2006 Development Plan Policy: 6.3 The Planning and Compulsory Purchase Act 2004 has recently replaced the former development plan system of Structure and Local Plans with Regional Spatial Strategies and Local Development Frameworks. However, the adopted Kent and Medway Structure Plan 2006 remains as a material consideration and will do so until is replaced by the South East Plan. The Council is in the process of preparing the Dartford Core Srtrategy which seeks to provide a spatial vision for Dartford and include strategic policies and proposals. At this stage the LDF process is not far enough advanced to replace the adopted Local Plan. The Dartford Local Plan 1995 is the adopted plan for the Borough but a Local Plan Review reached Amended Second Deposit Draft in 2004, this review process has now been abandoned in favour to the Local Development Framework. However, the Local Plan Review Amended Second Deposit Draft is still considered alongside the adopted Local Plan as a material consideration for development control purposes Kent and Medway Structure Plan 2006 policy - - SP1: Conserving and enhancing Kent's environment and ensuring a sustainable pattern of development. - SS1: Spatial priorities for development and investment in Kent and the role of the settlement hierarchy. - SS2: Extent of the Metropolitan Green Belt in Kent. - SS4: Priority for previously developed land and a sequential approach to the location of development. - SS6: Enhancing existing communities. - DG1: Dartford and Gravesham - EN1: Protecting Kent's countryside. - EN3: Protecting and enhancing countryside character. - EN8: Protection, conservation and enhancement of biodiversity. - EN9: Trees, woodland and hedgerows. - EN11: Planning and managing the urban fringe. - EN13: Environmental enhancement of primary routes. - QL1: Quality of development and design. - QL2: Priorities for the public realm. - QL3: Movement and accessibility in the public realm. - QL4: Maintaining the separation and identity of settlements. - QL5: Mix of uses on site. - QL7: Archaeological sites. - QL11: Protecting and enhancing existing community services. - QL12: Provision for new community services and infrastructure. - QL13: Cultural development and the Arts. - QL15: Formal and informal recreation/sports facilities. - QL17: Green-space networks and rights of way. - EP1; Land, workforce, education and skills. - EP2: Employment Land provision. - EP3: Location of new or replacement employment land. - EP6: Premises for small firms. - HP1: Housing provision and distribution 2001 - 2016. - HP2: Housing provision: phasing, assessment and sequential approach to location.

- HP3: Contribution of previously developed land and previously used buildings to housing provision: 2001 - 2016. - HP4: Housing: quality and density of development. - HP6: Range and mix of housing provision. - HP7: Affordable housing provision. - TP1: Integrated transport strategy. - TP2: Assessment criteria for transport proposals. - TP3: Transport and the location of development. - TP9: Supporting public transport. - TP11: Facilities for pedestrians and cyclists. - TP12: Development and access to the primary/secondary road network. - TP15: Development traffic & heavy goods vehicles. - TP16: Local transport strategies. - TP17: Traffic and management of minor roads. - TP19: Vehicle parking standards. - NR1: Development and the prudent use of natural resources. - NR2: Energy generation. - NR3: Renewable and sustainable energy production. - NR4: Combined heat and power generation. - NR5: Pollution impacts. - NR6: Development sensitive to pollution. - NR7: Air quality management areas. - NR8: Water quality. - NR9: Water supply and wastewater treatment. - NR10: development and flood risk. - WM7: Construction related spoil. - IM1: Meeting the costs of community and other infrastructure needs generated by new development Dartford Borough Local Plan: - Policies GB1 & 2 Green Belt Dartford Local Plan Review Second Deposit Draft policy: - MDS5: Redevelopment of Eastern Quarry This sets out criteria against which the development should be considered which are broadly: -The creation of a mixed use, public transport operated development in the form of a compact urban village -The creation of a landform which will provide a suitable environment for a new compact urban village -A minimum of two thirds of the total gross developed floorspace to be residential use -A substantial area of public open space, water-bodies and landscaping comprising a minimum of 33% of the site area, to be incorporated in the Kent Thameside Green Grid -The provision of pedestrian and cycle network links into adjoining sites -One or more segregated east-west public transport routes as part of the Fastrack network between Ebbsfleet and Bluewater and Bean Road. -A concentration of the highest densities in locations best served by public transport -Integration of new development with the adjoining uses at Bluewater and proposed at Ebbsfleet, and with the communities of Swanscombe and Knockhall. -Provision of east-west routes integrated with the built form -The provision of local retail facilities that will not affect the viability or vitality of Dartford town centre or other centres. -The preservation and enhancement of any areas found to be of ecological or archaeological significance. - GB1: Definition of the Green Belt - DD1 - 7, 11-14: Design and Development - H1: Housing provision - H16: Affordable Housing

- E1: Employment Land provision - E9: Accommodation for Small Sized Firms - T1: Fastrack - T4: cycle routes - T7, T8 & T9: transport infrastructure - T11, 13, & 14: Parking - T15: cycle parking - T16: on site design - T17: Travel plans - T18: Transport assessments - CF3: community facilities - LRT5, 6, 7, 12: Sports and Recreation, open spaces - LRT15: Public Rights of Way - LRT16: Footpaths, cycleways, bridleways - BE11: Archaeological sites - BE17: Overhead Power Lines - NR1: sewerage and drainage - NR4: Surface and Groundwater Protection - NR5: Water Resources - NR8: Surface Water - NR10 &11: Air Quality - NR13-16: Noise - NR20: Contaminated land - NR22 &23: Renewable energy and energy efficiency The Planning Brief 6.4 The Eastern Quarry Planning Brief was adopted by Dartford Borough Council, as Supplementary Planning Guidance, in July 2002. It provides the framework within which planning applications relating to the site will be considered. The Brief is centred on the criteria set out within Policy MDS5 of the Local Plan Review Second Deposit Draft. 6.5 The Brief sets out the requirements for the development and details the information that will be expected to be submitted within any planning application for the site. Site Preparation Strategy(although this relates to EQ2 due to the quarrying activity) Parking Strategy Travel Plans Community Development and Infrastructure Strategy Air Quality Impact assessment Ecological and Archaeological surveys 6.6 The NWSS planning application under consideration here satisfies the Brief requirements in terms of submitting the following information: -Planning Statement and parameters plans - Environmental Statement submitted in March 2005. - Biodiversity Strategy submitted June 2007 - Community Participation Strategy submitted January 2008 In addition a Transport Strategy, Design, Landscape, Open Space and Public Realm strategy and a Sustainable Development Strategy are still under discussion but are to be submitted to an acceptable standard before planning permission is granted. 6.7 Other Guidance considered relevant includes KCC Guide to Developer Contribution March 2007 (updated 2008) Kent Design Guide 2006 Kent Bio-diversity Action Plan (1997), KCC 7 EASTERN QUARRY OVERVIEW / RELATIONSHIP OF NWSS TO EQ2 7.1 The allocation of Eastern Quarry as a Major Development Site within both the Kent and Medway Structure Plan and the Local Plan Review relates to the quarried area and the

Northfleet West Sub Station site. The Planning Brief also relates to this area. However, the current application relates to only part of the site which is that part occupied by the Sub-stations and the surrounding land in the ownership of National Grid Property. 7.2 The Local Plan and the Planning Brief make no assumptions as to how planning applications will come forward for the site. The Brief seeks to provide guidance for considering the application and seeks to create a framework for development. It is important in strategic planning terms that development on one site does not stifle development on the other. Part of the original rationale for removing the Eastern Quarry site from the green belt was to secure a comprehensive and sustainable development and to improve the appearance/image of the area. The vision for the whole site has been developed by the local planning authority and KCC as a major service provider, together with the applicants for both developments and is reflected in the Section 106 Agreement, conditions and strategies agreed for the EQ2 site and in the heads of terms and conditions suggested for the NWSS application, currently under consideration. These will guide the detailed master planning of the site, which will be a matter that is considered fully following the issue of outline permission. 7.3 Dealing with separate applications for the site creates a challenge when planning for shared community facilities and other infrastructure. Each development needs to demonstrate how infrastructure requirements would be met whether within their boundary or on the adjacent site. The two sites offer economies of scale and the scope to share facilities. While both sites are large enough to independently support some local community facilities (e.g. primary schools, community halls and local parks/play facilities), higher order facilities such as, the secondary school campus, major parks and Fastrack will need to be shared. Although there might be advantages to bringing the two sites forward together, the quarrying activities have left a substantial grade difference between their respective levels, which creates an unavoidable distinction between the two areas and topographical separation. 7.4 In considering the development of Eastern Quarry, as a whole, the local planning authority and consultees on the applications have considered the need to create a single sustainable community on the site, which is not planned arbitrarily along ownership lines. A central focus is therefore required for the development which provides community and commercial facilities. This will enable an area of critical mass to be formed, which will create activity and discourage people from travelling outside of the development. This area will take the form of a market centre comprising retail, commercial and community facilities, as well as an education campus. This is to be provided within the approved EQ2 site. 7.5 However, there is also a need to provide community facilities which have a more local draw in order to create a sense of community, particularly as the proposed development at NWSS has sufficient critical mass to support its own community facilities. Indeed it is important that the core local facilities are provided within walking distance of the residential properties proposed here as the topographical differences and the major roads around the site will create barriers for movement. Essentially the EQ2 development proposes a central market centre including residential accommodation which forms a core with separate 'villages' either side which are predominantly residential based with some local facilities. In essence the NWSS will form an additional ¿village¿ with its own local facilities but being subservient to the core within EQ2. 7.6 Permeability between and through each site is therefore critical so that residents can readily access facilities in the other areas. This will particularly be the case for higher order/shared facilities but also for more local facilities as people exercise choice in their use of the facilities provided. A pedestrian, cycle, public transport and provision for a vehicular link has therefore been sought across the common boundary of both sites. 7.7 It is considered that all of the community and infrastructure requirements unique to NWSS can be satisfactorily addressed via the Section 106 Agreement. In addition, some contributions are required which can be used to towards infrastructure within the EQ2 site to ensure that facilities, such as the school, are of an adequate size to cater for the NWSS community.

7.8 In seeking contributions from a developer, Circular 05/2005 advises that one of the considerations is that such contributions should be relevant to planning and directly related to the proposed development, as well as being necessary to make a proposal acceptable in planning terms. In negotiating the planning conditions and obligations proper regard has been given to this advice and these are not inconsistent with the policy approach advocated in the Circular and other relevant policy guidance. 7.9 It should be noted that care has been taken throughout the discussions to make sure that the approach adopted for the application does not, so far as I am aware, materially prejudice the development of the adjacent EQ2 site. The proposed layout, access, community facilities and approach to contributions are consistent with the future development of that land. 7.10 The development brief anticipates that Eastern Quarry as a whole will include around 7250 houses. EQ2 comprises 6250 dwellings. As noted above, the sub-station site application proposes between 1000 and 1500 dwellings. The combined total may at the most be 500 dwellings higher than was originally anticipated in the development brief. The key consideration with regard to this increase in numbers is whether the additional dwellings over and above that estimated in the Brief can be accommodated on the site without any detrimental impact. 8 THE COUNCIL'S APPROACH TO DEALING WITH THE APPLICATION 8.1 For an application of this size, it is vital that the Borough Council works with the applicant, other local authorities and service providers to ensure that the proposed development is of high quality and is supported by the necessary community, social and transport infrastructure. Officers of the Borough Council have worked alongside officers of Kent County Council, representatives and agents of the developers, and other service providers and amenity groups in order to ensure that any consent granted will deliver a sustainable, successful and attractive community. 8.2 Regular meetings have been held between Council officers and representatives of the applicants to discuss a range of aspects and issues arising in connection with the application. Meetings have also been held with the County Council and the other service providers to ensure that infrastructure and facilities will be provided in an appropriate and timely manner. 8.3 In addition, the Borough Council and County Council jointly instructed solicitors to advise and represent the Councils and to negotiate on behalf of the Councils with the applicants and other agencies. Solicitors were jointly instructed by the Borough Council and County Council because the interests of the two Councils are closely aligned and in order to ensure that advice is obtained efficiently and economically. 8.4 The Council and its solicitors have considered the Environmental Statement and accompanying information submitted with the application and are satisfied that it meets the legal requirements of the Environmental Impact Assessment Regulations 1999. 9 SECTION 106 AGREEMENT AND STRATEGIES 9.1 Following discussions with the Council's legal advisors, it is proposed that the development will be controlled by a combination of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) and planning conditions. The package of controls will ensure that the necessary community and leisure facilities are delivered at the appropriate time. 9.2 The Section 106 Agreement and conditions will provide the legal mechanism to ensure that certain facilities and infrastructure are delivered by restricting the occupation of market dwellings until the required infrastructure is provided. The draft agreement is now at an advanced stage of negotiation and drafting and, subject to agreement on points of detail, will shortly be ready for completion. The agreed principles are, however, as summarised in the Heads of Terms set out at Appendix D.

9.3 Due to the time period for the build out of the proposed development, its relationship to the adjacent EQ2 site and the need to retain flexibility in the way certain facilities are provided, it has been agreed with the applicant that while the mechanisms to deliver the necessary infrastructure and community facilities will be set out in the Section 106 Agreement and in conditions, a series of strategies should be drawn up setting out how the infrastructure and open spaces will be delivered and providing more of the detail. The strategies to be submitted as part of the application are set out earlier in this report. 9.4 It is intended that the strategies will be agreed and approved by the Council prior to the grant of planning consent and will be capable of being reviewed over time. There will be legal obligations to ensure that the development is built out in accordance with the strategies which will result in a flexible framework to enable the infrastructure package to adapt to changing circumstances and needs. It is important that the strategies are in an acceptable form, and set clear benchmarks and objectives, before planning permission is granted since they are one of the primary tools that will allow the quality of the development to be controlled over the development period. 9.5 The Section 106 heads of terms and the suggested conditions appended to this report are the result of lengthy discussion and negotiation between the officers of the Councils and the applicants, together with other service providers and consultees, where appropriate. 9.6 The draft planning agreement contains a number of "boiler plate" provisions designed to protect the interests of the Council. The boiler plate is that part of the agreement that covers the whole document and the whole development; they are therefore non-site specific issues. Provisions include: - a mechanism for dealing with Community Infrastructure Levy; - an approach that addresses the possibility that separate consents may be issued in relation to elements of the site, making sure that any dwellings built on the site count towards the various thresholds for the provision of public facilities; - a basis for enforcing the agreement. As normal, planning agreements tend to be enforced by injunction. This is not a cost effective remedy for dealing with minor breaches and some alternative provisions have been included. 10. KEY ISSUES 10.1 The principle of development on this site has been established by the planning policy as outlined above and its relationship to EQ2 and the approach to Eastern Quarry as a whole has also been explained. The main considerations therefore in this case are whether the site can be satisfactorily built out in its own right; whether the level of residential dwellings proposed can be accommodated without adverse affect; the amenity of the future residents; whether adequate facilities can be accommodated to provide for the residential dwellings proposed; and also of course the impact of the development itself on the surrounding area. Archaeology 10.2 A desk based archaeological assessment was provided as part of the Environmental Statement. A further supplementary Desk Based Assessment was submitted in March 2008. The application site has high potential for significant archaeological remains and it is therefore a critical consideration with regard to the development of the site. 10.3 Internationally important Palaeolithic remains have been found to the north of the site at the Swanscombe Skull National Nature Reserve and significant archaeological remains from almost every period in history, including seven Scheduled Ancient monuments, have been found in the Ebbsfleet Valley on the eastern side of Southfleet Road. Recent archaeological work adjacent to and beneath the former course of Southfleet Road in connection with CTRL has also revealed internationally important Palaeolithic archaeology. This sequence appears to continue into the application site. Extensive archaeological remains of a later date, including the Roman religious focus at Springhead, have also been found in the area to the east of the application site and it is possible that similar remains will be present on the site.

10.4 PPG16: (Archaeology and Planning) states that there should be a presumption in favour of the physical preservation of internationally and nationally important remains and preservation in situ should be the preferred course of action for remains of lesser importance. Given the importance of the remains anticipated to lay within part of the application site it would be preferable for field evaluation of all the unquarried areas to take place before determination of the application. However, due to difficulties in accessing some of the land, because of agricultural leases and the substation use, the applicant advises that this cannot be achieved. Although this is not ideal, the issue has been considered carefully in conjunction with KCC¿s Archaeological officer and it is considered that, as this is an outline application, it can be determined provided that sufficient flexibility is built into the proposals to allow for the preservation in situ of the potentially extensive archaeological remains if necessary. Such preservation can result in constraints in type and depth of landscaping; depth of foundations; and in some cases require no disturbance at all. It is important therefore that the Master Plan takes this into account at the outset. 10.5 In order to understand better the potential for Palaeolithic remains on the site a supplementary assessment has been provided by the applicant with regard to the Palaeolithic potential of the site. This provides a plan which divides the site into 6 areas of Palaeolithic potential. From this it has been possible to understand where the areas of highest potential might be and how much of the site potentially may not be suitable for construction of buildings or indeed any below ground excavation. This effectively could prevent development on over one third of the site, some of this is shown to be open space on the parameters plan but following assessment it is considered that in a worse case scenario only 1000 dwellings could be accommodated at an acceptable density on the remainder of the site. The eastern part of the main distributer road may also not be feasible. 10.6 As a result the applicants have submitted two sets of parameter plans, one showing the scenario where only 1000 dwellings can be built and the other demonstrating the development of 1500 dwellings. As the number of dwellings affects the masterplanning of the site and the provision of community facilities, affordable housing and contributions under the s.106, it is considered that the archaeological investigation should be required via the s.106 before the masterplan is prepared. The s106 proposes that once the investigation and the results of this are complete they should be submitted to the Borough Council for approval together with a notice confirming the Development Size. This will then provide clarity on the number of dwellings to be provided on the site allowing other requirements in the s106 to be fixed. 10.7 I have also suggested that a condition be imposed requiring a Historic Environment Framework to be approved and implemented as appropriate prior to approval of any Master Plan. This will enable the field evaluation to be carried out and the results to be incorporated into the final masterplanning and detailed design of the development as it comes forward. This is in line with a similar requirement on the EQ2 planning permission 10.8 The applicant has also undertaken to make a contribution towards the interpretation of the heritage of the site by KCC, which could be on-site or within the immediate locality. KCC advise that any such scheme for interpretation should be developed and agreed within the framework for heritage interpretation being developed for Kent Thameside as a whole. 10.9 In conclusion I consider that the proposed approach, although unusual will meet the requirements of government guidance in relation to archaeology and the strategic and local plan policies and should allow for the preservation in situ of any important remains that may be found. Access and Circulation 10.10 The Planning Brief sets out requirements for access and circulation of the Eastern Quarry site as a whole as follows:

- One or more segregated public transport routes east-west across site as part of Fastrack network - Other bus services complementing Fastrack - East-west vehicular route through site - New access points - Parking Strategy - Travel Plans - Safe, convenient and attractive pedestrian and cycle routes 10.11 Some of these requirements are reliant on the EQ2 planning permission, as the provision of Fastrack is solely provided within the EQ2 site, due to the level differences between the sites and also the need to link to Ebbsfleet. The east-west vehicular route can also only be provided within EQ2 as the NWSS site does not have any potential for access to the west due to the cliff. The approach to transport 10.12 The development of Eastern Quarry as a whole proposes a comprehensive and innovative approach to transport planning which deals not simply with the road network and how any impact can be mitigated but instead seeks to change travel habits by taking a comprehensive approach to creating a sustainable development where the need to use the car is reduced. This includes the provision of community facilities within the area in order to reduce trips; a network of public transport services based around a Fastrack spine which will provide an efficient alternative to the car; an internal road network which will discourage (but not prevent) through traffic and the use of the car for short trips; a system of checks and controls on the amount of vehicular traffic which crosses the boundary to the site. A number plate recognition monitoring system will record traffic levels and where necessary measures to reduce traffic will be applied in order to bring traffic levels down. Transport analysis and assessment 10.13 A Transport Assessment has been carried out and submitted as part of the ES. Kent Highways advise that they consider this to be a robust analysis as it makes no allowance for any significant reduction of car trips due to the transfer of trips to public transport, in particular Fastrack. 10.14 As a background, in assessing the transport analysis, the traffic flows along links (length of road between two junctions) on the local road system are not the critical issue within Kent Thameside, although they perform a useful measure particularly for Trunk Roads. Generally it is the junctions at the end of the links that are important. However, with limited exceptions very few junctions can be improved by making them physically bigger, although their operation may be improved by the introduction of signals or other measures. If the developer can prove that the junctions can work satisfactorily, then it is accepted by the Highways Authority that the links will also perform acceptably. The proposed mitigation of the highway network which forms part of the application, therefore largely concentrates on the key junctions within the area. 10.15 The transport analysis concludes that there needs to be improvements carried out to the junctions on Southfleet Road and suggests the installation of traffic signals. However, the improvement of these junctions is also required due to the EQ2 development and the Ebbsfleet development. Therefore the landowner of these sites also needs to be involved, as well as the Highways Agency who seek to carry out improvements to the junction with the A2 which includes the southern roundabout on Southfleet Road. In order to bring the developers/landowners together Council officers and Kent Highways have instigated the need for a Southfleet Road study to be carried out by independent consultants which will look at the options for junction improvements so that a comprehensive solution can be delivered. Members will see that the heads of terms include provision for the applicants to partly fund this study, currently estimated to be in the region of £125,000 and to contribute to a proportion of the cost of the final scheme which is initially estimated at £10m excluding any land acquisition.

10.16 The transport analysis, therefore, shows that although the development will result in growth in travel, with suitable highway improvements and the provision of an attractive public transport system, the impact of general traffic growth in the long term can be managed, so that its effect on the roads surrounding the development can be minimised. A package of measures within the s106 and the Transport Strategy have been proposed which will seek to achieve this aim. Kent Thameside Strategic Transport Tariff 10.17 Further to the resolution of the General Assembly of the Council on 28 January 2008 a policy relating to the Kent Thameside Strategic Transport Tariff has been adopted as a material consideration for development control. This requires a contribution of £5000 per dwelling for all new residential development of more than 2 dwellings, £5,000 per 100sqm of B1 floorspace and £450 per bedroom of a hotel. The tariff will be used to fund the Kent Thameside Strategic Transport Programme. A contribution has been sought from other developments in the area in order to try and mitigate the impact of such incremental developments on a Kent Thameside wide basis. The applicant has agreed to the payment of the tariff and the draft section 106 agreement provides for the staged payment of this contribution as development progresses. 10.18 The Highways Agency raises concern about the impact of the development on the southern roundabout at Southfleet Road as this forms part of the A2 junction managed by them. However this is a scheme that is included within the Kent Thameside Transport Programme and therefore improvements will be paid for out of the Kent Thameside Strategic Transport Fund. However, because of the direct relationship of the application to this junction they are seeking restrictions on the timing of development. Since the applicants are paying a contribution into this fund it is, in my opinion, for the highways authority to ensure that the works are bought forward at the correct time. However, the Access and Management Plan, which the applicants will be required to submit under the s106 prior to any access works, could address this issue to ensure that the junction is not overloaded by development traffic prior to its improvement. Local Transport Planning 10.19 As a result of the analysis of traffic impact, the developer is required through the section 106 agreement to provide mitigation as described in the following sections: Accesses to the site 10.20 The application includes the improvement of an existing vehicular access into the site and also the creation of a new access further to the north. The timing of the provision of the accesses is to be set out within the s106 as indicated in the heads of terms. Fastrack and bus services 10.21 The Fastrack route is to be provided through EQ2, however, the NWSS benefits from this in that it enables the development to be a sustainable public transport orientated development in accordance with the requirements of the Planning Brief and therefore a contribution towards the physical provision of the Fastrack route is required through the s106 agreement. 10.22 In order to encourage public transport use before the operation of the Fastrack service a local bus services is also be supported by this development, to provide public transport linkages for the new development to existing facilities, such as Swanscombe High Street and Station and a local supermarket as well as Ebbsfleet domestic station. This service is to be subsidised for 10 years or until such time as the Fastrack Service is in operation. In order to ensure the necessary level of service delivery, a Public Transport Plan is to be prepared which sets out the details that need to be provided at the Master Plan stage and subsequently updated annually in order to ensure the provision of suitable public transport services, this includes frequency of the services, routing, etc. The framework for this document is to be set out within the Transport Strategy. Pedestrian and cycle links

10.23 Pedestrian and cycle links will be provided throughout the development linking to the Public Right of Way to the west and the cycleway to the south and connecting to the existing road network to the east. However, a key route is the access to EQ2 in the north. The s106 agreement attached to the EQ2 planning permission required the provision of a pedestrian/cycle route to the boundary of the NWSS which is to be located within walking distance of a Fastrack stop. The intention being that a similar route would be provided within the NWSS site enabling integration between the sites at a point where the topography readily allows for this. This is to be required by the s.106 Agreement. The parameters plans also show other routes to the northern boundary which could link onto the Public Right of Way and would also enable linkages to Swanscombe via the ¿way¿ that is also to be provided at EQ2 linking DS20. Other routes within the site will be expected to be shown on a pedestrian and cycle hierarchy plan to be produced as part of the Master Planning process. It is intended that the Master Plan will also set out the specific timing for the opening of these routes. 10.24 Due to the isolation of this application site from the remainder of the Ebbsfleet Valley development, as a result of the topography and the major roads, it is important that footpath and cycleway provision is along critical desire lines. There is limited opportunity for connections to the surrounding developments, being limited to the vehicular accesses onto Southfleet Road and the route to EQ2 to the north. However, at present there is no footpath along Southfleet Road to Swanscombe and no potential to provide this due to the narrow width of the highway. This will only come forward when the road improvements are delivered in connection with the Ebbsfleet and EQ2 development due to the need for landtake within these developments. So access to community facilities in the early years of development may be difficult on foot or by cycle. 10.25 In addition, there is some doubt that the footway and cycleway can be provided at the southern junction due to land ownership constraints. This is still under consideration at the moment as part of the discussions with Union railways and the extent of the adopted Southfleet Road. However, in considering this planning permission, it is important to consider the fact that this may not come forward, at least initially. Any pedestrian or cycle activity at the southern junction is the opinion of KHS and myself likely to be limited as it is not a desire line to community facilities or transport connections and will probably be mostly leisure trips. The leisure connections can be provided elsewhere on the southern boundary of the site. However, connections off site to access buses or coaches will be restricted. I have suggested therefore conditions requiring the implementation of a coach stop within the development and the provision of a bus stop within walking distance of the hotel so that this remains a sustainable location for such a use in line with the planning policy requirements. In addition I have suggested a condition requiring the creation of a north-south direct route for pedestrians and cyclists to the northern junction to ensure that any alternative access is direct and does not meander along the internal distributor road. Transport Strategy 10.26 A transport strategy has been submitted by the applicants in order to guide the development however I do not consider that this is acceptable in its current form and would seek Members delegated authority to agree a revised version before planning permission is granted. The strategy is intended to set out the strategic transport objectives for the site, the details of delivery and provides guideline for detailed submissions to be considered against. One of the objectives for the transport strategy is to ensure that the development does not exceed the predicted traffic generation figures for the site and that car usage is controlled. 10.27 The Strategy will form a framework for the consideration of transport issues with regard to the development and also will be required to incorporate a Traffic Management Plan, a Site Wide Framework Travel Plan, a Parking Standards and Management Plan and a Public Transport Plan, the provisions within each being obligated by the section 106 agreement. The parking strategy required by the Planning Brief will therefore be provided for as part of the Transport Strategy. 10.28 As a part of the Transport Strategy and the draft s106 the applicants are committing to monitoring traffic levels at the boundary to the site and should traffic levels at the boundary exceed those predicted they have committed to make payments into a Transport Review

Group account which will provide funding for the implementation of measures to control traffic generation from the site, encourage the use of Fastrack and other public transport options with the objective of reducing traffic movements onto the surrounding highway network. The implementation of the toolkit will be only become necessary should the monitoring show it exceeds traffic generation figures set out in the approved Transport Strategy. The fund will be administered by a Transport Review Group, which will be set up with representatives from DBC, the highways authority and the landowner which follows the model at EQ2. It will be this group that chooses which measure is the most appropriate to be applied or indeed whether it is necessary to apply any measures dependant on the analysis of the monitoring of traffic generated by the development. The toolkit measures might include work place car park charging, discounted fares, improved bus priority measures, increased bus frequencies and improved bus timetabling. It is intended that the toolkit and the success of any measures will be reviewed and monitored on a regular basis by the Transport Review Group. Whilst this provides for flexibility over the lifetime of the development, I consider that it also provides a robust framework for control of traffic generation by the Borough Council and the highways authority. 10.29 In addition, the transport infrastructure required to be provided as the development progresses, such as junction improvements and bus services will be appended to the Transport Strategy. The section 106 agreement will require implementation of this infrastructure at the appropriate trigger points. The infrastructure which is considered necessary to provide for the needs of the development and mitigate any adverse impacts is set out within Schedule to the Section 106 Agreement Heads of Terms listed at Appendix D. Summary 10.30 In conclusion, access and circulation for the development has been provided for within the application, the Transport Strategy and the details of the section 106 agreement. I am satisfied that the approach adopted does not materially prejudice other development in the area. 10.31 I have some concerns that the development of this site might be car orientated due to its location adjacent to the A2 and the limited pedestrian connections. However, I am satisfied that as many alternatives to the car as possible are being provided within the site, including bus services and local community facilities. In addition, vehicle monitoring at the boundary of the site will ensure that should car trips increase, further action will be taken to reduce these. On balance therefore I am satisfied that the development meets the requirements of the Planning Brief and together with the adjoining EQ2 and Ebbsfleet developments will result in a sustainable community. 10.32 In addition the off-site infrastructure requirements are to be dealt with on a Kent Thameside basis and the Borough Council will have some governance over programming of these projects with funding being achieved through contributions. The transport analysis for the development and the checks made on this are considered to be robust and it is believed that the growth in travel generated by the development can be managed, so that its effect on the surrounding area is minimised. Officers of both the Borough Council and Kent County Council have worked with the developer to create a transport approach that will enable checks and balances to be implemented which will seek to ensure the predicted traffic generation targets are not exceeded. Kent Highways Services have had extensive discussions with the applicant and confirm that the scheme is acceptable. 10.33 I consider therefore that the transport impacts of the development are acceptable on the basis that the Transport Strategy is approved as part of any planning permission and that this should be granted subject to the section 106 agreement obligations (as summarised at Appendix D) and on the basis that a contribution is made by the applicant towards Kent Thameside Strategic Transport Fund which will be used to bring forward a strategic transport programme. Water management

10.34 As the site is greater than 1 hectare in area a flood risk assessment is required to be prepared under PPS25. This was submitted by the applicant in December 2007. This also has to deal with the potential of the development to increase flood risk elsewhere and as such has to consider the surface water disposal on the site. 10.35 The site is on high ground and so has a low potential for flooding, itself, but, there are a number of issues to be considered in managing the surface water runoff. 10.36 Groundwater quality in the area is very good and most of the site is within a Groundwater Source Protection Zone 1 as it provides a public water supply. In order to maintain the purity of this water the discharge of surface water to the ground has to be limited and only clean water from roofs and permeable paving is allowed to discharge to the ground. No surface water from roads or parking areas is allowed to discharge to the ground. There are also limits on the depth of soakaways that can be used, being a maximum depth of 1m which in order to provide storage capacity for a single house would result in the need for a soakaway some 8.4m in area, which I do not consider is realistic for most of the development given the high density nature of the proposal and would render any open land/garden space able to sustain only limited landscaping. In addition, the archaeological constraints on the site may also restrict this level of ground excavation for soakaways. 10.37 The surface water run off has therefore been modelled excluding the use of soakaways. Due to the levels on the site it is not possible to connect to the public drainage system without the use of expensive pumping systems, except in the south east corner of the site close to the southern access where the levels make this feasible. The hotel site could therefore potentially be connected to the public drainage system. 10.38 The application proposes instead therefore that stormwater attenuation will be dealt with through the use of a Sustainable Urban Drainage System (SUDs). They suggest the use of rainwater storage tanks for individual dwellings for use for irrigation and washing cars but as they point out this is only possible on low rise residential which given the constraints on site I consider will be limited. This is not therefore an option that can be used across the site. The other suggestion is the use of an above ground attenuation pond utilising an existing depression in the land. Swales will be used to carry storm water to a storage area and as well as slowing water run-off they will also improve water quality as it passes through the vegetation. The storage area will be formed by the construction of a bund which will form a dam. A pit sump outlet will be then be used to discharge the water in the basin after a storm event through an existing culvert under Southfleet Road. This culvert discharges onto land outside of the ownership of the applicants and it is likely that they will need the agreement of the land owner to discharge water here. It in fact, discharges into the area known as Station Quarter South in Ebbsfleet which has planning permission for development and therefore any additional discharge through the culvert will need to be accommodated within the development design. Since there is uncertainty about whether water can discharge to this area I have suggested a Grampian condition is imposed requiring full details of the surface water drainage to be submitted and agreed by the Local Planning Authority before the Master Plan can be submitted, as the design of the drainage could potentially affect the master plan. I have sought legal advice as to whether this is an acceptable condition given that the adjacent land is in different ownership and I am advised that it is. 10.39 The SUDs system proposed also suggests the use of underground water tanks in certain parts of the site for additional storage in a storm event. However, the use of such tanks would be very much dependant on the outcome of the archaeological investigation. 10.40 No clarity has been provided within the application for the disposal of highway drainage from the roads on site and again I suggest this is addressed through condition. 10.41 With regard to foul water drainage the applicants have advised that discussions with Southern Water confirmed that improvements could be made to the network at the cost of the developer. The more cost effective option for improvement is however, dependant upon the EQ2 development. No firm details have been provided at the present time.

10.42 Given the lack of clarity with regard to water management, both surface and foul water as well as water supply, I have suggested a condition requiring the submission and approval of a Water Management Strategy before the Master Plan is submitted. This Strategy should also seek to ensure that the groundwater quality is not affected by construction and the completed development through appropriate mitigation. 10.43 Finally, given the sensitivity of the groundwater I have also suggested a condition requiring details of all excavations and piling to be submitted for approval so that the quality of the groundwater can be maintained. The consideration of such details is also required with regard to archaeology. Open Space/Sport/Recreation 10.44 The Dartford Borough Local Plan Review sets out standard requirements for open space, play space and sport provision and these requirements were reproduced within the Planning Brief. In terms of recreational facilities, the Brief requires for the whole of the Eastern Quarry allocation: - 5 x Sports and Leisure Centres; - General provision for Community Woodland and 33% of the site to be open space which is to form part of the Green Grid - 1 x Major Urban Park (incorporating neighbourhood and local play spaces); - 7 x Local Parks (incorporating neighbourhood and local play space); - 15 x Neighbourhood play space (incorporating local play space); - 36 x Local play spaces; - 17 Playing fields; and - 9 Allotment areas of 16 plots each 10.45 The Brief sets out the requirements for the whole of the Eastern Quarry area, i.e. including the sub-station site. It acknowledges that these requirements are based on a purely mathematical calculation for 7,250 units and therefore the requirements indicate the scale of needs, not the eventual form of delivery. It advises that some of the smaller spaces will be capable of "nesting" within the larger spaces and that the numbers of facilities are not fixed and should not preclude innovative approaches to the design and delivery of provision. 10.46 In considering the planning applications at EQ1 and then EQ2 it became clear that these requirements were more relevant to smaller developments and the aim of the policies was to ensure a minimum level of provision, possibly through contributions to off-site facilities and also where there was little opportunity to aggregate facilities across a wider area. In the case of Eastern Quarry, there is the opportunity to create a greater range of open spaces and leisure opportunities. Extensive background work was carried out by officers from both the Borough and County Councils together with Sport England into the specific formal and informal recreation needs of the future community based on the existing situation in the surrounding areas and the central government objective to increase participation in sports and outdoor activity in the future. This background work and discussion has refined the requirements for open space and formal recreation provision in order to meet the needs of the whole Eastern Quarry development. This has then been accommodated within each separate site in line with the scale of development but to ensure a balanced whole and to ensure facilities within appropriate walking distance. 10.47 The refined requirements which are reflected in the Eastern Quarry planning permission are: 1 Major Urban Park: wholly located in EQ2 4 Local parks: 3 in EQ2 , 1 in NWSS 5 Neighbourhood Play Spaces: 4 in EQ2, 1 in NWSS 15 Local Play Spaces: 12 in EQ2, 3 in NWSS 4 grass and 2 artificial playing pitches: 3 grass and 1 artificial EQ2, 1 grass and 1 artificial NWSS 5 dual use playing pitches: wholly in EQ2 Sports hall dual use with school: wholly in EQ2

Tennis/netball courts(groups of 3): 2 in EQ2, 1 in NWSS 3 MUGAs: 2 in EQ2, 1 in NWSS 2 Allotments of 0.25ha: 1 in EQ2, 1 in NWSS 10.48 The applicants have agreed to the requirements within NWSS and the provision and timing of these facilities have been incorporated in the draft s106 as set out in the heads of terms attached. 10.49 Policy MDS 5 and the Planning Brief require 33% of the application site to be allocated for open space uses, including public open space, water features, and landscaping. The open space plan submitted with the application advises that 39% of the site when developed for 1500 dwellings is maintained as open space. This rises to 52% of the site being open space for the 1000 dwelling option due to the archaeological constraints. However the parameters submitted with the application do not confirm that the open space will be for public use and therefore clarification on this has been sought through the section 106 agreement and the Strategies. The broad disposition of open space proposed by the application includes: a central local park, a southern area including playing pitches, allotments and informal recreation and also green edges to the development providing a green corridor adjacent to the public right of way and allowing retention of existing trees on the site. 10.50 The proposed development can accommodate, within the site boundary, the necessary range of open spaces appropriate for a new community of this size which also enhance and compliment the open spaces available in the surrounding area. The open spaces will provide another link in integrating communities, providing an asset for existing residents as well as new. 10.51 The Planning Brief based on normal Local Plan requirements seeks nine allotment areas of 16 plots each, whereas the applicant proposes one area of 16 plots, in addition to those provided at EQ2. The Brief requirements are based on a purely mathematical calculation for 7,250 units, but 9 allotments sites would significantly reduce land available for other open space activities which would be open to all. I consider that current provision is therefore adequate. 10.52 The provision of formal play spaces has also been discussed and agreed with the applicant and set down within the Section 106 heads of terms. This is based on the Local Plan requirements for such spaces but takes into account the scale of this development which allows for a better more sensible provision of such spaces than would normally be achievable on smaller development sites. The scale of the development allows the location of the parks and play spaces to be planned across the site so that walking distances for residents are minimised allowing ease of access for all to play space. It is intended that the play spaces in the parks will be supplemented by smaller play spaces for under 8s, which should be designed as part of the street scene. I consider that this is an appropriate way forward and will meet the requirements of the development and the objectives of the planning policy. 10.53 The open spaces are to provide for both formal and informal recreation, allowing for green routes through the development for both pedestrians and cyclists and providing links to the south in addition to the existing public right of way. The aim is that these will connect with existing routes outside of the site, where linkages are poor the heads of terms include requirements to provide connections for pedestrians and cyclists in order to make sure these routes are connected. It will therefore contribute another key element of the Green Grid objectives for Kent Thameside. 10.54 The objective of Green Grid is to raise environmental quality, provide an attractive setting for new and existing development, accommodate leisure and recreational needs, provide movement corridors - especially for cycling and walking - and provide an ecological resource. Eastern Quarry including NWSS is one of the key elements of the Green Grid network and therefore it is important the Green Grid provision is fundamental to the design of the development. A substantial part of the development will be accessible open space, and therefore the development provides an important resource for the accommodation of open

space. The management of this space will be ensured through the strategies and required within the section 106 agreement. 10.55 The package proposed within the application accords with the requirements identified by officers of both this Council and the County Council, as well as Sport England. This sets outs the minimum provision required to meet the needs of the NWSS development. The applicants have agreed to the provision of open space and recreation facilities set out within the Section 106 heads of terms as attached at Appendix D. 10.56 The management of all open spaces and sports facilities, both formal and informal, is required by the section 106 agreement in order to ensure that such spaces continue to be managed to an appropriate standard. The section 106 agreement also includes an option for such facilities to be transferred which could be either a private management company or a public body. Landscape 10.57 The applicants are preparing a Design, Landscape, Open Space and Public Realm Strategy as part of the application submission, which will set out the character areas of the landscape within the development, the strategy for delivery of this open space, advance landscaping and temporary landscapes, access within the open space and Green Grid, biodiversity and the management of open space. 10.58 The management of the open areas and the public realm in general is also a key consideration in ensuring that they fulfil their roles and also the success of the scheme. This requirement has been built into the section 106 agreement in order to ensure long term management of landscaped open space. I have also suggested that conditions are imposed requiring the submission of a public realm and a public art strategy in order to ensure that the landscape is of a high quality, both when it is within informal open space and also within the built environment. Public Art 10.59 I consider public art to be an important element in creating a sense of place and making the development recognisable and easy to navigate for those using it. As such the draft s106 includes a requirement for a minimum contribution for public art on the site. The strategy to be submitted post permission, together with the Master Plan, will set out design principles and indicate how it can be used to create local identity, and to create focal points, gateways, both within the public realm and on buildings. The details of public art provision, its specification and management will come forward at Master Plan and reserved matters stage. I am satisfied that this will ensure a good level of provision of high quality public art within the development which will contribute to the sense of place. Affordable Housing 10.60 There is a clear policy requirement for the provision of affordable housing in the Thames Gateway Planning Framework, the Structure Plan, the Local Plan Review and the Eastern Quarry Planning Brief. The latter two documents establish a requirement that 30% of dwellings be provided as affordable units. These policies predated PPS3 which Members should take into account in considering the proposals. 10.61 The applicants have confirmed that they will provide an overall contribution equivalent to 30% of all residential units being affordable housing. 10.62 Affordable housing is made up of social rented housing, shared ownership, and discount market housing. 10% of the total housing on the site is to be social rented, and 20 % is to be intermediate housing, such as shared ownership. 10.63 There is some concern from the Housing Policy Manager that discount market housing has not been able to deliver affordable housing under the market conditions of the past

couple of years. Even discount market units were being sold at a price which was too high for those in housing need to afford and with no buyers the units were being returned to the open market at full value. As a result officers now seek to reduce or remove this element from affordable housing provision on new developments. 10.64 However, the NWSS application and the delivery of affordable housing has been negotiated for some time and, in line with the EQ2 provisions, this has included provision for discount market housing. The decision to seek to remove this type of tenure from affordable housing agreements in the Borough has only been taken relatively recently. I have considered the matter carefully and consider that it would be unreasonable for the Council to now change its approach to affordable housing on this site. In order to ensure that not all the intermediate housing becomes discount market housing the applicant has agreed to a limit on the percentage of discount market housing. The draft s106 therefore limits the amount of discount market housing to 25% of the intermediate housing provision (20% of the total houses built). I am satisfied that this will limit the numbers of affordable housing that may be discount market and therefore ensures that the full affordable housing provision should be delivered on site whilst providing a variety of tenures. In addition, the discount market housing will need to be affordable for "qualifying buyers". The s106 will set out the household income levels of qualifying buyers to ensure that discount market housing is accessible to those in housing need. 10.65 The provision of affordable housing is to be obligated through the section 106 agreement. This sets out a process whereby the applicants will be required to provide affordable housing alongside the market housing within the development, and will be prevented from allowing the occupation of market housing until agreed levels of affordable housing have been provided. 10.66 In relation to each tranche of affordable housing, the applicant will be able to decide whether to provide the affordable housing itself or to put that tranche out to tender, inviting bids from registered social landlords and other affordable housing providers to provide that housing. The initial presumption is that affordable housing will be provided in accordance with the "optimum" mix of tenures as set out above. If no registered social landlord or other provider is willing to offer an agreed minimum price for that optimum mix, a cascade mechanism will operate to seek to provide the best possible level and mix of affordable housing for that tranche whilst meeting that agreed minimum price. However, this cascade mechanism is subject to a minimum provision of 10% social rented housing and 10% "intermediate" housing. The Borough Council will have the ability to insist that the applicant provides this minimum level of housing regardless of whether the agreed minimum price is met. 10.67 The Section 106 Agreement will provide the flexibility for occupiers of shared ownership units (and other such intermediate tenures) to "staircase" their ownership until they own 100% of their property. Whilst this results in a gradual reduction in the long term stock of affordable housing, this is in full accordance with the aims of central government policy that intermediate tenures should be used as a means of enabling people to access the open housing market through affordable housing mechanisms. 10.68 The Section 106 Agreement will also set a cap on the service and estate management charges payable by occupants of the social rented housing units. This is seen as an important factor in ensuring that the social rented units remain "affordable" to those on the lowest incomes Summary 10.69 I consider that the package of affordable housing measures secured in the Section 106 Agreement (and summarised in Appendix D) is acceptable. The provision of a significant proportion of affordable housing on-site, brought forward alongside market housing, will help to ensure a balanced community and I am satisfied that the mix of affordable housing will provide a range of accommodation available to those on low incomes and unable to purchase a property on the open market. In summary, I consider that the affordable housing package

secured to the Section 106 Agreement is acceptable and meets the advice given within PPS3. Education 10.70 The Planning Brief requirements for the whole of Eastern Quarry (both EQ2 and NWSS) are: 6 x 2FE and 1 x 1FE Primary Schools and a 1 x 6FE Secondary Schools. It should be noted that these requirements are for the whole of Eastern Quarry both EQ2 and the substation site. 10.71 Both the Kent Structure Plan and the Local Plan require new residential development to meet the needs of its residents in terms of education provision. The Planning Brief sets out specific requirements for Eastern Quarry based on standard calculations, current at the time of the Brief, that were used for all developments within Kent, both large and small in order to assess developer contributions. These have since been reviewed by KCC and Members will recall at EQ2 that three 2-form entry primary schools and a secondary school are provided for within the s.106 agreement. Each village plus the market centre within EQ2 having its own primary school which will provide a focus for the community. 10.72 Similarly on the NWSS it is anticipated that the development will require the provision of one 2-form entry primary school on site. I support this requirement as it reflects the pattern of development within EQ2 providing a consistent approach to education and also enabling a key facility to provide a focus for the new community at NWSS. However, given uncertainty over the timing of development on the NWSS and adjacent EQ2 and numbers of children that are generated, KCC may decide that an on-site school is not appropriate. Alternatively, the statutory process through which a new school is formed could result in approval of a school on the NWSS not being given in either case KCC will utilise contributions from the developer to provide primary education off-site. 10.73 Each primary school will need to be provided with: -Primary school for 3 key stages and playgrounds/playing fields; - Early Years provision for pre-school age children; and - Multi-Agency Facility 10.74 A multi-agency space of 120sqm is to be provided at the primary school site. The purpose of this is to provide a high quality facility on one site that is easily accessible to parents and will be used by a range of different services that are complimentary to the primary school setting. Services include family liaison, drop-ins for families with assessed needs; parenting support and skills work; supervised contact and parenting forums for example. 10.75 In addition, a contribution is sought through the draft legal agreement to the secondary school at EQ2 in order to ensure that this school can be built to a size which will also accommodate NWSS pupils. 10.76 Agreement has been reached on the mechanism for the delivery of the educational facilities. There are statutory processes that must be completed before a new school can be formed, and the outcome of these processes (and the time taken to reach a conclusion) is never certain. It is not possible or practicable, therefore, to fix firm dates for completion of the school buildings at this stage. This will depend on the need for a new primary school and the numbers of pupils generated by the development. This will be monitored by the Education Review Group, a body made up of equal representation from both parties, and set up through the s.106 agreement to oversee delivery of education facilities at the right time. 10.77 I consider that the proposed provision of a primary school or contributions towards off-site provision and contributions to the secondary school provides a sensible way forward for the integrated development of Eastern Quarry as a whole. Community Facilities

10.78 The Planning Brief requirements for the whole of Eastern Quarry are: 5 x Community Halls Temporary community hall 2 x places of worship 2 x health centres 1 x library Social services facilities Adult Education Facilities Youth and Community Facilities 10.79 However, the final requirements have been derived by having regard to: forecasting estimates; adopted standards for service delivery; the nature of the development; and the scope to share and integrate facilities. It has been influenced by the opportunity to provide innovative forms of community facilities that will help to give the development a sense of place, while offering convenience and value to local residents. The requirements have therefore been refined and have moved away from the very basic requirements set out within the Planning Brief. 10.80 In order to create a sustainable community new development needs to provide facilities that support and meet the needs of all sections of the community. The development therefore also needs to be supported by an appropriate range of community facilities, conveniently located to the population they are intended to serve. Without this the impacts of the development could not be satisfactorily addressed. In addition the facilities need to be clustered and located as centrally as possible in order to maximise access from the surrounding areas but also to ensure that they can be well served by public transport. 10.81 The focus of the whole Eastern Quarry development is the market centre within EQ2 and the facilities requiring greater critical mass are to be located there and will be available to the communities of both sites as well as existing residents. This includes the provision of the life long learning centre which will provide for adult education, youth services, social services and other community services delivered on behalf of KCC. The NWSS development does not have sufficient critical mass to support such a facility on site, so instead KCC are seeking contributions in line with the KCC Development Contribution Guide which will allow additional facilities to be provided on and off-site, most likely at EQ2. 10.82 A "hub and spoke" principle was adopted at EQ2, with the central hub facility in the market centre being supported by smaller spoke facilities in the "village" centres. The key requirements are set out and discussed below. 10.83 The "spoke" facilities are essentially community halls to be located in the local centres. It is therefore proposed that the NWSS site will also provide a community hall which will comprise of a multi functional space to include main hall; flexible smaller activity space; meeting space; reception area; kitchen; toilets and storage. It is intended that the community centres will be at the heart of the area and will form a focal point for community life. They should provide for informal recreation, community and cultural activities. Community halls are intended to provide flexible accommodation for small and larger gatherings of people of all ages for a range of activities including adult learning, the elderly and youth facilities. KCC have requested that the toilet facilities in the community halls will be fitted out to meet the needs of severely disabled users, so that they are accessible to all sections of the new community. 10.84 In addition to the contribution in accordance with the developers guide, KCC are also seeking land on which they can build respite flats which is a complementary adult social service to the facilities in EQ2. 10.85 With regard to the provision for a Place of Worship, land is allocated for this within the EQ2 development. Given the scale of the development at NWSS and the other community facilities, including a community hall which will allow church use, I do not consider it would be reasonable to request further provision on this site.

Health facilities 10.86 Discussions with the Primary Care Trust with regard to the EQ1 and the EQ2 planning applications revolved around the provision of a health and social care centre within the market centre which would be co-located with other community facilities. However, there was uncertainty within the PCT about how this should be provided and as a result a condition was put on the planning permission for EQ2 restricting occupation of properties at different stages of the development dependant upon the completion of a health impact assessment and the provision of a health centre of an appropriate size 10.87 From early discussions with the PCT with regard to the NWSS site it was considered that this site would not have sufficient critical mass to support its own doctors surgery but that a contribution might be appropriate towards the provision of additional facilities off-site. The PCT have not responded to consultations on this site and have not clarified their position. After several requests by officers they now advise that they would seek contributions based on the HUDU model which calculates the cost implications to the health sector of the new development and arrives at a sum for both a capital and revenue contribution. They have provided me with a copy of the HUDU model for the site which seeks a capital contribution of £429,118 and a revenue contribution of £1,880,028. They also advise that their approach to health care provision has changed and instead of a single large health facility, it may be more appropriate to have a smaller central health centre with smaller satellite facilities, including one at the NWSS site. They also therefore seeking land to be set aside for this use. 10.88 These requests have come at a very late stage and have not yet been provided in writing and so I have not yet had the opportunity to discuss these with the applicant. 10.89 Although I consider it important to ensure that adequate health care facilities are provided to serve new developments, such contributions can only be sought through a section 106 agreement where they are necessary to meet the needs of the development. No evidence has yet been submitted by the PCT to demonstrate the need for additional facilities on or off the site. In addition, I am also concerned about whether it is appropriate to request revenue contributions for the provision of healthcare. Circular 05/205 advises that: 'as a general rule, however, where an asset is intended for wider public use, the costs of subsequent maintenance and other recurrent expenditure should normally be borne by the body or authority in which the asset is vested'. This is the approach that KCC take as they only seek contributions towards capital expenditure. However, the circular also advises that 'Where contributions to the initial support ('pump priming') of new facilities are necessary, these should reflect the time lag between the provision of the new facility and its inclusion in public sector funding streams'. The PCT are arguing that as they have a 3 year funding lag from occupation by residents then there is a need to pump-prime facilities. 10.90 I am still considering the appropriateness of applying the HUDU model, the need for contributions and the revenue funding request and also need to discuss these requests with the applicants. I am also concerned about the level of contribution sought in addition to the provision of land for what could be a limited development and consider that this request needs to be balance in the light of the other s106 contributions already committed to by the developer. I would therefore seek delegated authority to negotiate with regard to health care provision and ensure that adequate health care facilities are provided to meet the needs of the residents of the new development. Police 10.91 Kent Police have responded to the application seeking a contribution towards the capital costs of providing additional policing services for the development, which include additional office accommodation, custody facilities, start up costs for new officer and miscellaneous capital costs. Their request for a contribution is based on a formula which Kent Police have developed (along with other police authorities) and they advise has an evidential base; they seek a capital contribution of £493.760 (or £329 per unit based on 1500 dwellings 10.92 The Police advise in their response that the money will be pooled with other contributions received in the local area and used to provide additional facilities to provide for

the additional police services required to meet the needs of the new development. They have advised that in the case of NWSS the money will be used towards the fit out and expansion of the new Police head quarters recently completed at Northfleet. 10.93 Policy QL12 of the Kent and Medway Structure Plan seeks provision to be made for additional community facilities which are needed as a result of the new development and growth in the community. The Policy advises that development will not be permitted until the basis for funding the community services has been agreed. Community Services are defined within the policy as including police and emergency services. 10.94 A contribution of £56 per dwelling has been agreed with the applicant which is a pro-rata amount of that achieved at EQ2. Although not the full amount requested by the police it is important that such contributions are balanced against the whole s106 package. I consider therefore that this amount is acceptable as it is line with the contribution achieved at Eastern Quarry. Summary 10.95 Overall, I consider that the proposal will meet the needs of the development and also comply with the planning policies which guide such provision. The section 106 agreement allows for the management of such facilities to be either through the landowner, private management company or public body. Any such bodies therefore having the ability to negotiate their own terms with the landowner in taking on the cost of such a building. The important planning principle is that appropriate facilities are provided in a timely manner for the benefit of the proposed residents and I am satisfied that the proposed arrangements achieve this. Retail 10.96 The Planning Brief sets out the requirements for retail provision within the Eastern Quarry site as follows: - 7 x Local Shopping Facilities - 2 x District Shopping Centres 10.97 Again this is based on a purely mathematical calculation for the whole quarry and takes no account of the need to create critical mass or centres of character. It is also based on an early assumption that the development would take the form of 2 distinct areas. 10.98 At EQ2 a central market centre is proposed, flanked by 2 villages which are intended to have more local facilities at their centre. The market centre will be the retail core of the development, containing a number of shops, service uses and cafes and restaurants. The local centres will be much smaller containing smaller shops which provide convenient facilities for the surrounding houses. In the interests of creating critical mass and a place of character this was considered preferable to the number of centres proposed by the Brief which it was considered may have resulted in dilution of the retail and services offer which could eventually lead to the failure of such areas and therefore no community focus for the residential development. 10.99 The market centre at EQ2, as proposed, is also likely to serve as a draw for the development of the Northfleet West Sub Station site and therefore the needs of the NWSS development were taken into account in considering whether the level of floorspace proposed in the market centre was appropriate. As a result it is also therefore important that care is taken to ensure the NWSS site does not include an oversupply of retail which would prejudice the retail hierarchy of the new development at Eastern Quarry and Ebbsfleet and even possibly impact on surrounding retail centres. After discussions with officers, the applicants have therefore reduced the level of retail proposed at NWSS to 2500sqm. I consider this is an appropriate level for a local centre. 10.100 The retail provision within the local centre is to provide for more immediate community needs. It is considered that such small-scale provision is particularly important in creating a sustainable community and reducing travel and therefore minimum levels of provision of

convenience and comparison floorspace for each of the villages are suggested through the legal agreement and sought for retention by condition. Employment 10.101 The application proposes up to 10,000 square metres of Use Class B1 floorspace as part of the development. The parameters plan shows this to be located within the high density mixed use centre. 10.102 Although separate applications, the developments at Ebbsfleet and Eastern Quarry, including NWSS, are undeniably linked. The residential and employment uses between the two sites are intended to complement each other. Eastern Quarry is seen to be, by central government and strategic and local authorities, as providing a development which will complement the commercial development anticipated at Ebbsfleet as a result of the opening of the International Station and domestic high-speed services. The proposal at Eastern Quarry and NWSS is predominantly residential and it is intended that it will provide a sustainable community for the workforce required at Ebbsfleet. 10.103 However, another important consideration in achieving a balanced community is to provide for a wide spread of employment accommodation needs, which serve the community and the local area. Employment provision should not therefore be limited to large scale office provision but should also allow for a range of smaller commercial units, flexible employment spaces which contribute to the vitality and viability of the village centres and this application allows for this. The NWSS site is ideally placed, in my opinion, to offer this. 10.104 A key issue for the Council and the economic development strategies for Kent Thameside is also to ensure that local labour is used both at construction stage and also for ongoing maintenance contracts, e.g. landscaping. A Local Employment Initiative has been produced and is included in the draft s.106 which will allow for the review of such issues and provide a strategy for encouraging local employment. It should also provide a strategy for ensuring contractors are signed up to providing information on job opportunities, a scheme such as this was first implemented as part of the construction process at Bluewater and is on-going at the Bridge. There is also a need to ensure that the local population can access the new employment opportunities, for example through training. Noise 10.105 Noise surveys were carried out as part of the Environmental Assessment and an additional noise survey was carried out post submission of the application in order to test the original surveys and ensure that an up-to-date accurate survey. In particular the surveys looked at the impact of noise on the site from the A2 directly south of the site and also the Channel Tunnel Rail Link to the east. 10.106 PPG 24 contains the relevant criteria for assessment of noise affecting a proposed site for residential development and sets out 4 noise exposure categories determined by noise readings. Each category gives advice on the suitability of the site for development. NEC A: Noise need not be considered as a determining factor in granting planning permission NEC B: Noise should be taken into account when determining planning applications and, where appropriate, conditions should be imposed to ensure an adequate level of protection against noise. NEC C: Planning permission should not normally be granted. Where it is considered that permission should be given, for example because there are no alternative quieter sites available, conditions should be imposed to ensure a commensurate level of protection against noise. NEC D: Planning permission should be refused. 10.107 According to the noise surveys a small part of the south east corner of the site would be in NEC D. This area is allocated for a non-residential use and measures to control noise will be incorporated into the building design. The southern part of the site falls within NEC C. I consider that given that this is an undeveloped site of significant scale there is no

justification to allow development in an area where noise levels are high and are defined as NEC C. The applicants have therefore amended the parameters plan to ensure that there are no proposed dwellings in this area. The remainder of the site falls within NEC B and as such I have suggested a condition which requires mitigation for noise where necessary. 10.108 Consideration has also been given to the noise that may be generated from the proposed new sub station which is to be located in the southern part of the site. Environmental Health have discussed the noise generated by the sub station with the applicants consultants and are satisfied that it will not result in any detrimental impact on proposed dwellings that may be close by. However, I have suggested a condition requiring a boundary fence to be implemented around the sub station site and if necessary this could be of a solid design in order to further mitigate noise. Air Quality 10.109 The impacts of the construction and operation of the development on air quality have been assessed qualitatively within the Environmental Statement (ES). With regard to construction issues it is considered that any potential impacts can be mitigated through a Code of Construction Practice which will seek to ensure best practice is used to reduce dust emissions. The requirement for the approval of a Code of Construction Practice is therefore included within the suggested conditions. 10.110 In general the development itself is predicted within the ES to have little effect on air quality and concentrations are within acceptable levels. The main emission source related to the development is road traffic, however, the assessment takes into account the well established trend for decreasing pollutants as a result of tighter emission controls and reduction of older more polluting vehicles. The assessment concludes that no additional declaration of an Air Quality Management Area is required should the development proceed. However, if air quality were to decrease in the future due to increased pollutants the presence of housing on the site would require the Council to declare an AQMA. To avoid any additional cost to the Council as a result of the development, the applicants have agreed to cover the cost of air quality monitoring equipment and the Council's costs to fund the designation of AQMA (capped at £30,000), should the need arise, as this will only be required due to the presence of dwellings brought forward by the development. This also includes agreement to assist funding the implementation of an Air Quality action plan seeking to improve the air quality in the AQMA. 10.111 It is considered therefore that the air quality issues will not be detrimental either to the occupants of the quarry or the surrounding area Ecology 10. 112 In order to inform the Environmental Statement submitted with the application a number of ecological surveys were carried out. Although the site is of fairly limited ecological value there are pockets where the ecological value can be maintained. Kent Wildlife Trust and Natural England have provided advice to the Council and a request for further information led to a Biodiversity Strategy being submitted as part of the application. The purpose of the Strategy is not simply to describe the proposed ecological mitigation, but also to detail positive action for the important wildlife features of the site and work towards UK and Kent BAP targets. Due to their international and national importance, the following species have been targeted in the Strategy, and specific conservation objectives and management principles are set out for them: - Reptiles - Birds - Bats - Amphibians 10.113 The role of the Strategy is therefore to determine what should be done to maintain or enhance the ecological features of the NWSS site. It sets out a template for future

management of the site with regard to safeguarding and enhancing bio-diversity. It sets out objectives and a mitigation strategy for the key species and habitats. 10.114 In order to ensure the satisfactory implementation of the Strategy a condition is proposed requiring a scheme of implementation and monitoring to be approved. In addition in line with EQ2 an Ecological Clerk of Works is required to be employed under the s106 to oversee the implementation of the Strategy. 10.115 It is considered that the Ecological Strategy and the conditions requiring its implementation ensure adequate mitigation of the impacts of the development, meet the requirements of planning policy and go along way to meeting the concerns raised by the consultees. Design Guidance 10.116 The development brief flags up the need to provide a comprehensive design vision and framework to accompany any Master plan for the site. I consider that this is important in order to achieve design of a high standard and that design should be assessed not just from a visual viewpoint but also in terms of creating a sustainable community together with EQ2 and Ebbsfleet; making the most of sustainable resources; and providing a quality environment for higher density living that has perhaps not been achieved on such a large scale outside of cities. However, the timescale of the development will mean that design will be subject to change in style and improving technologies. 10.117 In order to ensure that good design is achieved on the site a sequence of submissions will need to be developed, the requirements for which are incorporated into the strategies and conditions, as attached at Appendices D and E. In summary, these require the submission and approval of a Design Strategy, a Masterplan, Design Codes and Sustainable Construction Design Code. Each of these is to be reviewed as necessary. I am satisfied that this will provide adequate guidance to achieve a continuous high standard of development across the site whilst allowing for flexibility and change to reflect best practice and changing markets. 10. 118 The design strategy is to be submitted for approval as part of the planning application. The intention is that this will provide an urban design analysis summary of the site and set out design principles against which all future submissions can be considered against, one of the core underlying principles being that a public transport orientated development should be created. The last submission of the design strategy by the applicants is not however of an acceptable standard and so I would seek Members agreement to grant delegated authority for officers to approve an acceptable document. Sustainability 10. 119 Issues of sustainability and design are embedded in national, regional and local planning policies. The development of Eastern Quarry together with NWSS provides an opportunity for a sustainable pattern and form of development, major growth and regeneration, reducing the need to travel and promoting the efficient use of energy and other scarce resources in order to meet these policies. 10.120 The proposal seeks to create a sustainable development: through the relationship being created between the mix, quantum and disposition of land uses and the density of development proposed; by seeking to create a public transport orientated development; by providing safe and desirable forms of travel and connectivity between on and off-site facilities; and by providing connections to the full provision of facilities at EQ2 and also local catchment facilities on site which meet the needs of the community thus reducing the need for longer trips and to drive off-site. Strategies to be submitted with the application and form part of any planning permission provide detail on bio-diversity, transport, landscaping and open space. 10.121 As Members will be aware, the Council has made a resolution to seek major development sites to go beyond mandatory requirements with regard to sustainable

development, which is largely set out within the Code for Sustainable Homes. In addition policy with the South East Plan seeks at least 10% renewable energy to be provided on new developments. The emerging Core Strategy also advises that major development sites should act as exemplars for sustainable energy. Sustainability objectives for this site can be ensured through the mechanism of the Section 106, strategies and conditions as proposed in this report. The standards relating to sustainable building are to be set out within a sustainable development strategy which has been submitted for approval and which will set the framework for dealing with sustainable development during the life of the development and provide guidance for the detailed submissions to be considered against. However, the draft Sustainable Development Strategy submitted with the current application requires amendment and more detail and so I would seek Members agreement for delegated authority so that officers may approve the details once this is finalised. 10. 122 In addition, I have required further detail to be provided through the suggested conditions which require the delivery of various Action Plans and more detailed design codes. Action Plans are to be provided with regard to water management, water conservation, waste management, a sustainable construction code all to be produced prior to the submission of any reserved matters and this should set standards which the detailed development has to meet. In addition strategies and a bio-diversity strategy have been submitted which provide further commitment to sustainability issues. The section 106 agreement also requires the landowner to appoint a sustainable development co-ordinator, which is also committed to in the Sustainable Development Strategy, whose responsibility will be to co-ordinate delivery of sustainability across the site, providing advice and an overview of the Action Plans and monitoring their effectiveness. 10. 123 The development will be predominantly on previously used land and has been designed as far as possible as a public transport orientated development where car use is discouraged. Detailed sustainable design issues will have to be considered as the detailed proposals come forward and will need to be considered against the Sustainability Strategy and the Sustainable Construction Design Code. 10.124 I have some concerns about the barriers to movement around the edges of the site which could result in the site being isolated from facilities and car-orientated. However, I consider that the overall application, strategies, s106 and conditions will produce a package of measures which will seek to ensure that the site is connected to the surrounding developments and existing communities at the right time and will provide a range of alternatives to use of the car. 10.125 On balance, therefore, I am satisfied that the provisions within the section 106 agreement, the Strategies, Action Plans and the conditions will ensure that sustainability principles are incorporated into the design of this development but that flexibility is built in which will also ensure best practice across the lifetime of the development. Integration with surrounding areas 10.126 In ensuring the long-term success of the development it is essential that NWSS integrates with the surrounding area. As discussed previously, physical opportunities for integration are limited due to the topography of the site and major roads. However, wherever possible access routes and connections have been sought to the adjacent sites and existing routes. Integration is also achieved by having facilities that are accessible to both new and existing communities. It is likely in the early stages of development that some of the existing facilities in the surrounding communities will be used by new residents. As the development progress and the community facilities are opened it may be that existing communities can make use of the facilities within the development. 10.127 Eastern Quarry as a whole will be a new community in its own right and is not considered as an extension to the existing towns in the area. However, it is important that it is integrated with the existing communities and that NWSS integrates with the adjacent new communities also so that boundaries are not marked, access is seamless and there is opportunity to share facilities. Officers have spent considerable time in seeking to achieve

integration and I consider that this has now been achieved through the parameters plan, the proposed Strategies and the requirements of the section 106 agreement and the conditions. Swanscombe Master Plan 10.128 The Swanscombe Master Plan published in 2005 sets out the vision for Swanscombe itself but as a part of this takes on board the potential opportunities for Swanscombe arising from the new development at Eastern Quarry. This document is not statutory planning guidance but it has been taken into account in considering the application. The document sets out objectives, which it seeks to achieve through developments in order to regenerate Swanscombe. Although all the requirements in the conditions and the section 106 agreement provide for the needs of development they will also be available for use by existing residents, e.g. open spaces, community facilities and services. Number of dwellings 10.129 With regard to the overall number of dwellings to be built on the site, this will be dependant upon the submission of further detailed information, in particular an archaeological investigation. It is not possible to conclude at the moment therefore what level of dwellings numbers is acceptable. However, it is important to consider whether the principle of the maximum number of dwellings is acceptable or not. The number of dwellings for Eastern Quarry in the brief is a guideline and has to considered together with the floor space for other uses. The Planning Brief advises the site is suitable for 7250 houses and up to 189,000 sqm of employment floorspace. EQ2 has planning permission for 120,000sqm of Class B1 office floorspace and NWSS is seeking permission for 10,000 sqm of Class B1 floorspace. This leaves 59,000 sqm of employment floorspace anticipated but not provided, I consider that this lower provision of employment floorspace in Eastern Quarry is acceptable. The Ebbsfleet development is envisaged by planning policy to provide the focus for employment floorspace in the area which will clustered around the station in order to create critical mass, too much employment floorspace in Eastern Quarry could dilute this offer. I am satisfied therefore that the employment floorspace in NWSS is less and as a result the additional dwellings will not increase the landtake on the site or increase any adverse impacts. The Environmental Statement and the additional information subsequently submitted has confirmed that in principle 1500 dwellings could be acceptable subject to detailed archaeological site investigation and detailed design. 11 CONCLUSIONS 11.1 I am satisfied that the impact of the development can be mitigated satisfactorily and that it will not result in an adverse impact on the surrounding area or existing community. In addition, the provision of facilities on site and the requirements for high design standards should ensure a high quality amenity for future residents which I consider is very important on high density developments. I have considered the application carefully and am also satisfied that the minimum and maximum number of dwellings proposed can be accommodated satisfactorily on site. 11.2 This application has been the subject of extensive discussion between the developer and the local authorities and considerable time has gone into agreeing with the applicants the necessary planning requirements to meet the needs of the development. These mechanisms will be contained in a combination of the Section 106 agreement, conditions and strategies. The proposal is considered to accord with Central Government guidance, the adopted Kent and Medway Structure Plan, the emerging development plan, Local Plan Review Policy MDS5 and the Planning Brief. 11.3 Given the time likely to be taken to complete this development, it is essential that any permission and associated agreement has a degree of flexibility and my view is that this is necessary to secure a high quality development. I consider that this has been achieved through the use of mechanisms for periodic review both of the strategies and submissions by condition.

RECOMMENDATION: That planning permission be granted subject to the following: i. referral to the First Secretary of State ii. the conditions as set out in Appendix E (with delegated authority being given to officers to make minor changes to the

wording in order to ensure that these are complementary to the s106 agreement) iii. the completion of the section 106 agreement in order to deliver the requirements set

out in the report. iv. the completion of the following strategies to the satisfaction of the Local Planning

Authority in order to ensure that they deliver the requirements set out in the report:

Transport Strategy, Design, Landscape and Open Space, Sustainable Development Strategy, Community Participation Strategy, January 2008

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Reproduced from the Ordnance Survey map with the permission of the controller of Her Majesty’s Stationary Office © Crown Copyright. 2007Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Dartford Borough Council 100025870 2007

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Application No:: 05/00308/OUT

Address : Northfleet West Sub Station Southfleet Road Swanscombe Kent

Date: 24 November 2008 Scale: 1:5000