Subject: STRODE FARM, LOWER HERNE ROAD, HERNE PLANNING APPLICATION CA/15/01317/OUT. Simon Thomas. This report is open to the public.

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1 Subject: STRODE FARM, LOWER HERNE ROAD, HERNE PLANNING APPLICATION CA/15/01317/OUT Director/Head of Service: Decision Issues: Simon Thomas These matters are within the authority of the Committee Classification: CCC Ward(s): This report is open to the public. Herne and Broomfield Summary: This report concerns the appeal against nondetermination of the planning application CA/15/01317/OUT which will now proceed to a public inquiry before an Inspector appointed by the Secretary of State with delegated powers to determine whether to grant planning permission. The purpose of this report is to establish the position of the Local Planning Authority at the public inquiry. To Recommend/ Resolve/Consider: That the Planning Committee adopt the position set out in the accompanying report so that it may be presented to the Planning Inspector at the appeal. SUPPORTING INFORMATION 1. Introduction In June 2015 a hybrid planning application was received seeking part full and part outline planning permission for a mixed use development of up to 800 dwellings, a local neighbourhood centre, road infrastructure and associated works and uses of land within the application site boundary at Strode Farm, on land north of the Thanet Way and on land along Bullockstone Road, Herne Bay. The statutory requirement for Local Planning Authorities is to decide applications of this scale within 16 weeks of the valid date. Where this timescale is not met the applicant has the right of appeal to the Secretary of State. In this case the applicant has appealed against the non-determination of the planning application and as such the Council does not now have jurisdiction to decide the application; the decision now falls to the Planning Inspectorate. The appeal will be dealt with by way of Public Inquiry. The Local Planning Authority will have the opportunity to be represented at the Inquiry, as will objectors to the application. The purpose of this report is to ascertain the position of the Local Planning Authority, so that this may be presented to the Planning Inspector in this appeal. The Public Inquiry is likely to take place towards the end of 2016 and the Council s Statement of

2 Case must be submitted to the Planning Inspectorate by 10th March Options available with reasons for suitability A) That Councillors resolve that had the Council been able to determine the application it would be minded to refuse it for the reasons set out in the attached report. B) That Councillors resolve that had the Council been able to determine the application it would be minded to refuse it for other reasons. Whether option A or B are agreed, it is also proposed that delegated authority be given to Officers to negotiate and where possible reach agreement with the applicant on matters relating to reasons for refusal. 3. Reasons for supporting option recommended, with risk assessment It is recommended that option A above is supported. The reasons for supporting the option recommended are set out in the attached report. 4. Implications (a) Financial Implications The Council will incur costs in instructing a barrister to represent the Council at the Inquiry. Also, as with any appeal, the Council must ensure that it acts reasonably at each stage so as to avoid the potential for an award of costs to be made against the Council. The Planning Committee is not bound to follow the advice of Officers. However, should Councillors decide not to accept the advice of Officers, it should be mindful of the potential cost implications in doing so. The advice from Government in the Department for Communities and Local Government Circular 03/2009 Costs awards in appeals and other planning proceedings sets out the circumstances in which costs may be awarded against either party in planning appeals. The Circular advice is that if officers professional or technical advice is not followed, authorities will need to show reasonable planning grounds for taking a contrary decision and produce relevant evidence on appeal to support the decision in all respects. If they fail to do so, costs may be awarded against the authority. Planning Authorities are expected to give thorough consideration to relevant advice or representations from statutory consultees before determining a planning application. The advice states that while it is the primary responsibility of planning authorities to either accept or reject that advice, they should clearly understand the basis for doing so and should provide, where necessary, a clear and rational explanation of the position taken. What matters in any subsequent costs application is whether or not the authority can show good reason for accepting, or rejecting, the consultee s advice.

3 (b) Legal Implications The input of the Council s legal team will be required in the preparation of the Councils case for the appeal. 5. Conclusions It is the responsibility of the Planning Committee to determine the stance to be adopted by Council at the forthcoming public inquiry. The appeal will be determined by the Planning Inspectorate. It is recommended that that Councillors resolve that had the Council been able to determine the application it would be minded to refuse it for the reasons set out in the report and that authority be given to the Assistant Director of Planning and Regeneration to revise the grounds for refusal during the appeal process to accord with changes to local plan policy as a result of the progress of the emerging Local Plan. Contact Officer: Steve Musk Job Title: Principal Planning Officer Telephone:

4 PLANNING COMMITTEE APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//15/01317/OUT Strode Farm, Lower Herne Road, Herne, CT6 7NH Hybrid application for the development of Strode Farm. The full element comprises the demolition of existing dwelling house in Conservation Area, and two other dwellings, change of use of lagoon to allotments, ecological habitat and footpath link and improvements along Bullockstone Road. The outline element comprises the development of a new mixed use neighbourhood with up to 800 dwellings, commercial and community development within a local centre, spine road, estate roads, other means of access, pedestrian and cycle links, improvements to existing footpath, sustainable urban design drainage measures, landscaped noise bund/earthworks and boundary treatments, public open space, highway-related and utilities infrastructure with all matters reserved apart from means of access from Canterbury Road and Bullockstone Road. OUTLINE APPLICATION DATE REGISTERED: 16 June 2015 TARGET DATE: 06 October 2015 LISTED BUILDING: CONSERVATION AREA: WARD: APPLICANT: AGENT: CASE OFFICER: WEB LINK: RECOMMENDATION: Not listed HERNE - AMENDED Herne and Broomfield Hollamby Estates (2005) Ltd VLH Associates Mr Steve Musk ations/applicationdetails.do?activetab=externaldoc uments&keyval=_cante_dcapr_98791 Refuse SITE LOCATION AND DESCRIPTION 1. The application site comprises three distinct parcels of land of approximately 45

5 hectares in total which are located to the north-west of Herne village. The A299 Thanet Way transects the two main parcels of land, whilst the application site also includes a large section of the Bullockstone Road as it extends south from the main body of the site towards he junction with the A291 Canterbury Road. 2. The main body of the site comprises land which is in agricultural use as part of Strode Farm. The applicant has set out that the site is no longer actively farmed. The main body of the application site is generally flat, with levels raising to the north-eastern corner towards the Thanet Way and Canterbury Road junction. This area of the application site has until recently contained a number of agricultural buildings which have recently been demolished under the prior notification process. There are also three dwellings along Lower Herne Road which are located within the application site. Of these three dwellings, 1 and 2 Strode Farm Cottages are a semi-detached pair, whilst Strode Farm Bungalow is a detached bungalow. 3. A Public Right of Way (CH23) extends from Lower Herne Road to the south-east of the main body of the site to the north of the site where it passes under the A299 and links to the northern parcel of the site before continuing into the former Herne Bay Golf Course site to the north. 4. The majority of the main body of the site is located within Flood Zone 1 but a section towards the east of the main body of the site is located within Flood Zones 2 and 3 where a tributary of the Plenty Brook passes through the site from the south-east to north-west. 5. The main body of the site is located to the north-west of the village of Herne and as such there is residential development in the vicinity of the site. A number of dwellings on Lower Herne Road to the south-east of this area of the site, as well as to the A291 Canterbury Road to the east back onto the site. These dwellings are commonly set approximately metres from the site boundary, although some have a greater distance of separation. To the south of Lower Herne Road is primarily open farmland. 6. With regard to heritage, the Herne Conservation Area extends adjacent to the main body of the site to the south and east. This conservation area then extends to large areas of Herne to the south and east of the site. The dwelling which is proposed to be demolished at Strode Farm Bungalow is located within the Herne Conservation Area. There is also a Grade II Listed building at 'Downtops'l' which is located approximately 20 metres to the west of this part of the site across Bullockstone Road. The boundary of this dwelling with Bullockstone Road is screened by a tall trees and hedges. 7. A separate parcel of land within the application site boundary is located to the north of the A299 (the lagoon area). This parcel of land comprises a purpose built flood retention lagoon area of approximately 6.6 hectares. The lagoon is enclosed on all sides by engineered earth bunds and acts as an attenuation area for the Plenty Brook. This area of the application site is connected to the main body of the site via Public Right of Way CH23 which passes under the A299. To the north of this area of the site is the former Herne Bay Golf Course. Planning permission has recently been granted for a residential-led mixed-use development of the former golf course site. 8. The area of the application site extending along Bullockstone Road runs in a southerly direction from the Strode Farm site boundary and generally follows the path of the highway, with some areas of adjacent land falling within the application boundary. This area of the site rises upwards from the main body of the site towards the junction with the A291 Canterbury Road. A section of the A291 is also included within the application

6 site boundary. 9. Along the initial (northern) stretch of this part of the road closest to Strode Farm there are a number of residential properties located to the west of Bullockstone Road which are set back from the highway. Towards the southern stretch of the Bullockstone Road area of the site there are a number of residential properties which are primarily located to the western and southern side of Bullockstone Road. One of the dwellings in this area, Four Oaks, contains four oak trees within its front garden which are protected by Tree Preservation Orders. On the opposite side of Bullockstone Road in this area is Grove Farm House, a Grade II Listed building which abuts the public highway. The Herne Conservation Area includes the southern area of the site boundary at the junction of Bullockstone Road and the A291 and extends to the north and east of the site. 10. There are a number of environmental designations in the vicinity of the overall site. The southern element of the site extending along Bullockstone Road is located adjacent to the Blean Woods Special Landscape Area (SLA), also designated as an Area of High Landscape Value in the emerging Local Plan. The Bullockstone Road element of the site is also located adjacent to a section of Ancient Woodland. 11. Further afield, the application site is located approximately 960m north-east of West Blean and Thornden Woods Site of Special Scientific Interest (SSSI), 1.3km south-east of the Blean Complex Special Area for Conservation (SAC), approximately 2.2km to the north-west of the Thanet Coast and Sandwich Bay Special Protection Area (SPA) and Ramsar site and approximately 3.4km to the north-west of the Tankerton Slopes SAC. RELEVANT PLANNING HISTORY 12. There are a number of recent applications relating to the site which are of relevance to this application. These are as follows: CA/14/01170/EIA - EIA scoping opinion request in relation to up to 800 dwellings, extra care housing (C2), up to 7,100 sq. m gross floorspace of retail, service, employment and community uses and associated parking, the creation of a relief road for Herne and improvements to Bullockstone Road, new accesses, landscaping, open space, drainage and associated infrastructure. CA/15/01067/DEM - Demolition of former agricultural buildings. Prior notification - approved. CA/15/01531/DEM - Demolition of buildings located at Strode Farm. Prior notification - additional details required. CA/15/02466/DEM - Demolition of buildings located at Strode Farm. Prior notification - additional details approved. CA/15/02782/OUT - Hybrid application for the development of Strode Farm - revised application. Application pending. 13. Applications for the development of nearby sites which are of some relevance to this application are as follows: CA/14/00648/OUT - Hybrid application for the redevelopment of the former Herne Bay Golf Club. Application refused, appeal pending. CA/15/00844/OUT - Hybrid application for the redevelopment of the former Herne Bay Golf Course. Granted. PROPOSED DEVELOPMENT 14. The application is a hybrid application seeking part full and part outline planning

7 permission for a mixed use development of up to 800 dwellings, a local neighbourhood centre, road infrastructure and associated works and uses of land within the application site boundary at Strode Farm, on land north of the Thanet Way and on land along Bullockstone Road, Herne Bay. 15. The element of the scheme for which full planning permission is sought relates to the following: Change of use of part of the land north of Thanet Way from a lagoon to recreational and leisure use including allotments, ecological habitat and the creation of a new footpath link. The demolition of an existing dwelling within the Conservation Area and two other dwellings within the site. Highway improvement works along Bullockstone Road. 16. The element of the scheme for which outline planning permission is sought relates to the following: The erection of up to 800 dwellings A local neighbourhood centre comprising up to 3,400 sq m gross floor space of development falling within Use Classes A1, A4 and B1(a) and up to 600 sq m gross floor space of development falling within Class D1 The means of access to the Strode Farm Site - one access from the north eastern site boundary of Strode Farm at the Thanet Way/Canterbury Road junction and one access at the south western site boundary where a spine road joins Bullockstone Road. Areas of public open space, play areas, amenity space, recreational space and landscaping Associated facilities and service infrastructure including strategic water attenuation and other sustainable drainage measures (SUDs) Utilities related infrastructure, Landscaped noise bund and boundary treatments and other earth works Improvements to and extension of existing public rights of way 17. With regard to the outline element of the proposal, all matters are reserved with the exception of the means of access for which determination is sought at this stage. Full planning proposal 18. Full planning permission is sought for three main elements of the scheme. Firstly, the scheme proposes highway improvement works to Bullockstone Road, extending from the main body of the site to the junction of Bullockstone Road and the A291 Canterbury Road. The highway works proposed to Bullockstone Road can be summarised as follows: Widening and realigning Bullockstone Road Provision of a minimum carriageway width of 6 metres, with some narrowings below 6m Additional widening on bends to allow two-way large goods vehicle traffic Reduction of the speed limit from 60mph to 40mph Realignment of Bullockstone Road, just north of its junction with Lower Herne Road, into the proposed spine road connecting to the current A291/A299 Thanet Way interchange The stopping up of Lower Herne Road as it joins Bullockstone Road.

8 19. Secondly, the dry area of the lagoon land will be used as allotments and will be made available to the public. The allotments will be served by an existing gated entrance and access from Bullockstone Road. In addition, perimeter fencing for security and a small parking and turning area is proposed. A wetland habitat is proposed to be provided on the lagoon area itself. The proposal also seeks to provide a footpath for public use with a view to creating a link to the existing undercroft PROW extending underneath the Thanet Way between the main body of the application site and the former Herne Bay Golf Course. Finally, the scheme proposes the demolition of three dwellings, one of which is located in the Herne Conservation Area (Strode Farm Bungalow). Outline planning proposal 20. Outline planning permission is sought for the erection of up to 800 dwellings on the main body of the site. The applicant has set out that they are currently proposing a scheme for the erection of 731 units in total, a net increase of 728 dwellings on the site. The applicant has set out that the development would be constructed over six phases, as set out below: Phases Total 2 Bed Flats Bed Terrace Bed Houses Bed Houses Bed Houses Total The residential areas would be designed to provide a number of different character areas to ensure there will be a variety of architectural styles across the development. These have been categorised by the developer and include the 'local centre' which provides a range of services and facilities for both new residents and existing Herne community. The main square is a multi-purpose space that can be used for events and social activities as well as a market place. There would be higher density housing, a residential home, a public house and commercial units in this area. The 'village extension' contains a green space fronted by houses, with a Local Equipped Area of Play (LEAP), a Neighbourhood Equipped Area of Play (NEAP), an improved PROW extending across the site and residential development. Towards the centre of the site, 'The Oaks' is proposed to comprise more regular urban blocks of a lower density separated by substantial green corridors. 22. The 'Barnside' character area is primarily characterised by barn-style terraces which is intended to reflect the agricultural character of the site. This area is intended to separate the more urban development to the east of the site with the more rural character to the west. The Herne Conservation Area extends into the southern edge of this area, with a number of trees, hedges and the existing access into the site being retained. The 'Lower Herne Road' character area extends to the south of the site and contains houses fronting Lower Herne Road which would have more generous front gardens in response to the open character of the surrounding area and the conservation area designation. Finally, 'Woodside' comprises a lower-density development, with landscape features dominating this character zone and dense woodland surrounding the entire boundary. 23. With regard to the proposed densities of development, the average density of the development would vary across the site. The higher density development is proposed to

9 the north-eastern area which would be at dwellings per hectare (DPH). Generally, the densities would fall away across the site towards the west and to the southern boundary, with higher densities of DPH in the centre of the site, primarily densities of DPH to the west and the lowest density extending along the majority of the southern boundary of up to 25 DPH. 24. There would be a variety of building heights across the site ranging from 1.5-storey residential properties with an overall height of up to 8 metres which would be infill plots along the A291 to the eastern boundary of the site, to 3-storey residential properties with an overall height of up to 14 metres which are generally located through the centre of the site. The majority of the residential development is proposed to be of a height of up to 12 metres. The area of mixed-use development to the north-east of the site is proposed to have building heights of up to 15 metres. 25. The application proposes a high level of green infrastructure throughout the site. This includes strategic landscaping, open space, Sustainable Urban Drainage Systems (SUDS), allotments and play space (LEAPs and NEAPs). 26. Also included in the outline element of the proposal is the local neighbourhood centre. This would include a mixed use development of up to 3,400 sq m gross floor space falling within Use Classes A1/A2/A3/A4/A5 and B1(a), as well as up to 600 sq m gross floor space of development falling within Class D1. As set out above, this element of the scheme would be located towards the north-east of the site and would have higher building heights than the rest of the site of up to 15 metres. 27. A number of other matters are also included within the outline element of the proposal, including strategic water attenuation and other sustainable drainage measures (SUDs), a landscaped noise bund along the boundary with the A299, boundary treatments and improvements to and extension of an existing PROW which extends across the site. 28. The applicant has provided an indicative phasing and plan for the development which sets out that the scheme would be developed in six phases over a period of 8 years as follows: Phase A - Thanet Way junction upgrade, deliver phase 1 of the spine road and provide public open space (all to the north-east of the site). Provision of 111 dwellings indicated. Phase B - Provide new junction at Bullockstone Road, deliver phase 2 of spine road and close the western section of Lower Herne Road and its access onto Bullockstone Road (all to the west of the site). Provision of 74 dwellings indicated. Phase C - Deliver phase 1 of the noise bund and housing (to the west of the site). Provision of 82 dwellings indicated. Phase D - Deliver phase 3 of spine road and housing along Lower Herne Road. Provision of 150 dwellings indicated. Phase E - Deliver phase 2 of the noise bund and housing to the centre of the site. Provision of 174 dwellings indicated. Phase F - Completion of the spine road and the housing development. Provision of 140 dwellings indicated. CONSULTATIONS CCC Archaeology: 29. Raises no objection, subject to the addition of a suitable condition.

10 CCC Strategic Regeneration Manager/Housing Enabling Officer: 30. Raised concern that the applicant suggests that the level of affordable housing to be provided as part of the scheme will fall below the 30% level set outline in Policy HD2 of the Draft Local Plan. It is highlighted that CDLP 11.5 Further Economic Viability and Whole Plan Assessment (Adam's Integra, 2014) states that based on residual valuations, the strategic sites (including Strode Farm) are viable and can deliver 30% affordable housing alongside the major infrastructure required to enable the schemes to proceed. On the basis that the Council's Whole Plan Viability Assessment is contrary to that submitted as part of this application it is considered the absence of any proportional figure of affordable housing to be unacceptable. It is also recommended that the applicant should seek a partnership with a suitable housing association/s at the earliest opportunity, which can offer appropriate advice on the various space and design standards as required by the HCA. In order to inform this matter and without seeking to pre-determine a suitable level of affordable housing for this scheme, rigorous testing of this proposal via a viability assessment is recommended. 31. There may also be supplementary measures which could also help to increase the supply of affordable homes linked to this proposal, such as alteration to the housing mix proposed. Also, though the overwhelming preference would be for an overall higher level of affordable housing to be integrated into the current scheme, consideration would also be given to the idea of a supplementary off-site provision of affordable housing units where this could be accommodated elsewhere at Herne Bay. Observations also made regarding the proposed market housing mix, most notably the emphasis on very large homes. CCC Environmental Health: Contamination 32. No objection raised regarding the conclusions and recommendations of the reports that have been submitted with the application. It is recommended that a watching brief be carried out during the construction phase of the development. Noise 33. No objection raised after consideration of additional information provided by the applicant. Air Quality 34. After consideration of additional information provided by the applicant, as well as other consultation responses, concern is raised regarding the potential impact of the development on air quality in the area. Whilst no objection is raised regarding the methodology of the assessment of air quality impacts, the objection from KCC Highways regarding vehicular trip rates and distributions is noted and this may have an impact on the inputs for the assessment of air quality impacts. Additional assessment of the air quality impact is recommended if the vehicular trip rates and distributions in the Transport Assessment are re-assessed. 35. A condition requiring a Construction Environmental Management Plan (CEMP) to be submitted for approval prior to any works commencing should be placed on any permission. CCC Business & Regeneration: 36. Concern raised that the level of provision of employment land falls significantly below the

11 expected level of employment provision identified for Site 5 under Policy SP3 of the emerging Local Plan which requires the provision of 15,000 m² of employment floorspace within classes B1/B2 and B8. The token gesture of 1,000 m² of office accommodation is also non-committal. 37. The B-use class floorspace requirements for have been appropriately identified, robustly assessed and justified. The overall level of floorspace need is identified in the Canterbury Development Requirements Study 2012 Nathaniel Lichfield & Partners (NLP) and the Employment Land Review (ELR). This work provides a robust objective basis from which to formulate an accurate position regarding the overall need for employment floorspace supply for the district. 38. It is considered that the identification of 15,000m² of employment floorspace at Strode Farm is justified to ensure a sustainable economic strategy for the next twenty years of the plan period to help meet future demand and provide a range of different site options for businesses and investors along the coastal corridor of the district. CCC Refuse & Recycling 39. No objection raised CCC Transportation 40. Raised concerns regarding the proposed development. There is a lack of clarity between some of the documents on the status of some of the pedestrian and cycling routes proposed. Improvements are sought to the cycle network in the vicinity. 41. A 400m isochrone is shown around the site to demonstrate that bus stops are within 400m of the site. However, the 400m is measured from the perimeter of the site and in reality there will be large areas of the site that are a considerable distance from the bus stops on Canterbury Road. The TA states that the development proposals do not rely on the bus service extending through the site but it is considered that it is critical to the acceptance of the scheme that buses can enter the site and use its spine road as a through route onto an improved Bullockstone Road. Bus stops with shelters, raised kerbs and timetables will be required to make bus travel attractive. Undertaking from the developer sought ti improve the underpass under the A Concerns raised regarding the framework travel plan provided by the applicant. CCC Environment 43. The proposed open space provision meets policy requirements and the spread and area of play (LEAPs and NEAPs) is acceptable. No provision of sports facilities within the site so an off-site contribution of 20,000 should be sought for improvements to sports provision at the nearby Cherry Orchard Recreation Ground. This site is the closest open space to the Lower Herne Village proposed development. The sum of 20k is detailed in the Infrastructure Delivery Plan. KCC Economic Development Primary Education 44. The proposed development is forecast to produce an additional 223 primary pupils. There is no forecast surplus capacity within the education system to accommodate these pupils. KCC is required to increase the amount of provision through the

12 construction of a new primary school. The cost of constructing the new school is 6m, KCC therefore requests proportionate contributions towards the construction cost of the school. The school will provide 420 pupils, the per pupil cost is therefore 14,286; the contribution requested based on all dwellings within the proposed development being houses is 3,185,778. KCC requests that 50% of contributions for a phase are paid before first occupation of the phase with the remaining 50% for that phase paid at 50% of occupations for the phase. Primary School Land 45. KCC considers the off-site land offered by the applicant for the construction of a school is able to accommodate a school. The transfer of 1.68ha of land to KCC and payment of 1,602,057 towards construction of the school would be considered to be acceptable and necessary mitigation for the proposed development. Secondary Education 46. There is not the required capacity within the education system to accommodate the additional secondary school pupils generated by this development. This proposal gives rise to 159 additional secondary school pupils during occupation of this development. This need can only be met through the expansion of appropriate secondary schools within the district. KCC will commission additional pupil places required to mitigate the forecast impact by expansion of Herne Bay High School. 47. The County Council requires a financial contribution towards extension of secondary school provision at 11,799 per pupil for the 159 additional pupils from this development. The request therefore totals 1,887,840. KCC requests that 50% of contributions for a phase are paid before 1st occupation of the phase with the remaining 50% for that phase paid at 50% of occupations for the phase. 48. Other obligations requested to mitigate the impact of the development relating to community learning & libraries, youth services and adult social care. A request is also made to provide Superfast fibre optic broadband to all buildings of adequate capacity. KCC PROW (Public Rights of Way): 49. Public Footpath CH23 would be directly affected by the development. Public Footpaths CH25 and 26 and Public Bridleway CH29 would expect increased use following any development. 50. PROW CH23 will need improving in terms of width, surfacing and legal status and provides a valuable and direct connection to Herne Bay, secondary schools and train station. The path must therefore be dedicated as a Public Bridleway in order to legalise the required cycle use. This is required to be an inclusion in any forthcoming Section 106 agreement, details of the improvements can be dealt with as reserved matters. Unless the applicant can secure the upgrade of path CH23 for its continuation to Greenhill prior to development then this application would be deemed as unsustainable. 51. With regard to PROWs CH25/CH27/CH29, the proposed development will increase the use of these routes located in close proximity to the site. It is expected that Public Bridleway CH29 is likely to be the most affected as this provides a direct connection to Blean Woods and marked on the access perimeter plan for pedestrian and cycling access. This route will therefore require off-site Section 106 contributions in the region of 70,000 to make sufficient improvements to surfacing for the expected increase in use.

13 KCC Lead Local Flood Authority: KCC LLFA initially raised a holding objection to the proposal as a result of a lack of information being submitted, primarily relating to the lagoon area to the north of the A299. KCC LLFA removed their holding objection after discussion with the LPA, with confirmation given that their concerns regarding the impact on flood storage capacity of the lagoon area could be addressed by condition of any grant of permission. KCC Ecological Advice Service: Lagoon area 52. The applicant provided additional information detailing that because the area will be managed to benefit biodiversity of the site they are satisfied that there is no requirement for specific species survey to be carried out at this stage of the application process. This position is accepted. A detailed mitigation strategy (informed by detailed surveys) must be submitted as a condition. Bullockstone Road improvements 53. It is accepted that it will be appropriate for a precautionary mitigation approach to be used to clear the vegetation. Additional maps have been provided to demonstrate how the ecologists are proposing to clear the site. Only a small area of habitat will be impacted by the proposed road and the proposed site clearance method is considered to be an acceptable approach to minimise impact on protected/notable species (if present). 54. With regard to bats, the surveys have confirmed that one tree has been used by roosting bat and stated a need for emergence surveys. The ecologists know it has been used as a bat roost, the evidence suggest it is only used intermittently, the impact can be mitigated for and the works will not commence for a number of years. As such,the bat survey information is sufficient to determine the planning application, although there will be a need for a bat survey to be carried out to inform the detailed mitigation strategy. 55. With regard to doormice, the Ecological Appraisal states there is some potential for small numbers of doormice to use these habitat features on occasion. As such, a map must be provided clearly displaying which hedges suitable for dormice will be lost as a result of the proposed development. Southern site 56. The demolition of the buildings within the main body of the site is part of a separate application. With regard to foraging/commuting bats, surveys have been carried out and established there are low numbers of bats foraging within the site. The results of the foraging/commuting surveys shall inform the lighting design for the proposed development, if planning permission is granted. 57. A reptile survey has been carried out and low numbers of reptiles have been recorded. Additional information has been provided confirming that the area where the reptiles were recorded will not be impacted by the creation of the SuDS and it will be retained and enhanced as part of the development. The protection of this area must be included within a Construction Management Plan if planning permission is granted. 58. With regard to ground nesting birds, additional information has been submitted and the reasoning is accepted. A site wide management plan is required if planning permission is granted to demonstrate that the sites management will benefit breeding birds.

14 Designated sites 59. It is recommend that the proposed development contributes to both the strategic access management and monitoring plans (SAMMP) for the Thanet Coast and Sandwich Bay SPA, Ramsar and SSSI and the Swale and SPA, Ramsar and SSSI as a result of their proximity to the development. Mitigation and Management Plans 60. If planning permission is granted, detailed mitigation strategies and management plans shall to be submitted as part of the reserve matters applications. If necessary/required the mitigation strategies and management plans must be informed by updated species surveys. KCC Highways and Transportation: Herne Relief Road 61. KCC are firmly of the view that the provision of the Herne Relief Road is essential to support these development proposals. The provision of a fit for purpose link road relief road will ensure that the site can be served by a robust, regular and sustainable public transport service. 62. The A291 through Herne Village is subject to areas of restricted highway capacity in terms of tight bends, sections of narrow road, parked cars and a mini-roundabout that connects the A291 to the road to the neighbouring village of Broomfield (via School Lane). There are sections of highway where traffic congestion is already experienced. The addition of development at Strode Farm coupled with the likely traffic flows from committed developments will materially increase traffic flows through the village which will be exacerbated further by the prospective strategic allocations within the emerging Local Plan to a point where capacity of the road will be significantly exceeded (in line with DMRB TA 79/99). It is therefore considered that there is a robust case for the provision of the Herne Relief Road to ensure that highway capacity and subsequently safety are maintained on the local highway network. Additional queuing within the village could also have a negative impact on Air Quality. 63. An appropriate design standard for the Bullockstone Road works is essential to ensure that highway safety and amenity is not compromised. The stage 1 safety audit that has been submitted by the applicant in support of the geometrical changes to Bullockstone Road, this has raised a number of fundamental safety concerns with the proposed geometry. These have not been satisfactorily addressed within the designers response. KCC will not support a scheme that does not meet safety standards. It is extremely important that the Road Safety Audit is considered with the appropriate weight and any material safety concerns addressed. 64. The TA indicates that the A291 Canterbury Road/Bullockstone Road priority junction is currently operating with spare theoretical capacity; however with the addition of development flows this capacity will be exceeded. KCC considers this represents a significant increase in delay at this junction which could lead to traffic taking unnecessary risks when gap seeking. The development should deliver/contribute towards an appropriate form of junction at this location. Trip rates 65. Residential trip rates used within the TA have adopted those identified within the 2008 Herne Bay Transport Study (January 2008). This is an ageing document and more survey sites have been added to TRICS since the study was commissioned. A revised interrogation of the TRICS database should be undertaken to encompass the most up to

15 date survey data to inform the assessment. As a result, the baseline trips associated with the residential units appear to be an underestimated. Traffic distribution 66. The model used for distribution of development traffic onto the local highway network is not considered to be an appropriate model for residential trip distribution in Canterbury as it does not make account of the Canterbury City Centre draw as a hub for employment and education. A sensitivity test should be applied to the development flows, this may identify/instigate a revised set of mitigation requirements. Furthermore, since the TA was produced, the development proposal at Herne Bay Golf Club has been granted planning permission. This committed development should now be considered. Proposed Signal Junction at A No swept path drawings or a stage 1 road safety audit has been produced for this proposed junction scheme. A more detailed drawing of this junction should be provided with swept path drawings to demonstrate HGV movements through all turning movements. A Road Safety Audit should also be undertaken to ensure that the scheme is deliverable without overbearing safety issues being raised. The junction design should provide sufficient facilities to allow cyclists to travel through the development to the existing off slip at the A299/A2990 roundabout to tie in with proposals for a new cycleway leading into the Golf Club Development. Local junction mitigation 68. None of the proposed forms of mitigation outlined in Section of the TA have been subject to stage 1 safety audit. Any material change to the highway should be subject to this process to ensure that the changes are deliverable without overbearing safety issues being raised. Concerns are raised regarding the impact of the development on the following junctions in the vicinity of the site: 69. Signal Junction - Former Herne Bay Golf Club (A2990) A291/A2990 roundabout A2990/Greenhill Road/Bullockstone Road roundabout Sea Street/Greenhill Bridge Road Signal junction Canterbury Road/Bullockstone Road Priority junction On Site Layout Whilst the detailed layout of the internal spine road could be dealt with by appropriately worded condition(s), there are some high level requirements for this route that should be identified at this stage. A 7.3 metre width of the spine road would be far more appropriate for the frequency, type and nature of traffic that would travel along it. This is consistent with the recommendations contained within the Bullockstone Road safety audit. 70. Allowances should be made for parking laybys along the spine road to ensure that the free flow of traffic is not impeded by parked vehicles. Given the nature of the road, a 3 metre cycleway/footway should be provided on at least one side of the road (preferably both) to encourage sustainable means of travel and maintain the safety of future highway users. 71. Priority junctions should be sufficient to serve the side roads leading into the residential roads within the development, however given the likely nature of the road, it is recommended that the number of junctions is kept to a minimum and appropriate right turn facilities provided to ensure that the free flow of traffic is not impeded.

16 72. Timescale for delivery of the spine road needs to be agreed to tie-in with the Bullockstone Road improvements. This to be dealt with by appropriately worded condition if necessary. Walking/Cycling 73. Whilst the site is reasonably located to Herne Bay High School and within walking distance of Briary School, opportunities to access from the western extent of the site are hindered by the lack of footways on Bullockstone Road. There remains the opportunity for the site to link with the Golf Club via the existing route below the A299 and this route should be promoted and upgraded to a footway/cycleway. 74. The western extent of the site remains poorly related to the existing pedestrian links to the north. The provision of a footpath on Bullockstone Road should be examined in more detail, as there would appear to be enough space within the application boundary to at least link to the Public Rights of Way Network to the north. Environment Agency: 75. As the majority of this site lies in Flood Zone 1, no objection raised to the principle of development at this location provided the site itself is sequentially tested and all more vulnerable development remains outside Flood Zone 2 and With regard to the change of use of the lagoon area, confirmed that the EA have no objection to the proposed allotment land and consider this a use compatible with the flood risk category. Recommended that land that falling within Flood Zone 3 (below 12.5m contour) is kept free of permanent structures that could impeded flood flows. A condition is recommended to restrict the construction of permanent buildings or significant storage in this area. 77. The exact position and level of the realigned tributary to the Plenty Brook and associated ground re-profiling will need to be determined and Flood Defence Consent from the Environment Agency will be required. A detailed flood risk assessment will need to demonstrate that no development takes place within the floodplain of the realigned watercourse and that no works create or exacerbate flood risk on or off-site. Southern Water: 78. Sewer locations are identified throughout the site, diversions may be required at the developer's expense. Southern Water confirm that there is currently inadequate capacity in the foul sewerage network to serve the proposed development. Additional sewers or improvements to existing sewers will be required to be provided at the developer's expense. A condition is recommended requiring full details of the foul and surface water scheme to be submitted and approved prior to the commencement of works. Natural England: European protected sites 79. The application site is in close proximity to European designated sites and therefore has the potential to affect their interest features. European sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the Habitats Regulations). 80. In considering the European site interest, Natural England advises that as a competent authority under the provisions of the Habitats Regulations, CCC should have regard for

17 any potential impacts that a plan or project may have. This project is not necessary for the management of European sites and that subject to appropriate financial contributions being made to strategic mitigation, the proposal is unlikely to have a significant effect on these sites and can therefore be screened out from any requirement for further assessment. The strategic mitigation will need to be in place before the dwellings are occupied. Natural England is also satisfied that the proposals are not likely to have a significant effect on the Tankerton Slopes and Swalecliffe SAC or the Blean Complex SAC. Sites of Special Scientific Interest 81. Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which the SSSIs named above have been notified. These SSSIs do not represent a constraint in determining this application. Kent Police: 82. If this planning application is given approval, it is requested that a condition or informative be included as part of the planning approval to ensure that Crime Prevention is addressed effectively. National Planning Casework Unit: 83. No response received. Stagecoach 84. Stagecoach consider that a development of this size would generate a significant demand for travel which will help to mitigate the greater levels of traffic generated by this development and other proposed developments nearby. They would expect to run a bus service at regular intervals through the development along the proposed spine road and on to Canterbury. This will require start-up funding from the developer during the early phases of the development until the service achieves full commercial viability. The spine road through the development and associated improvements to other roads would need to be in place before the service starts. 85. This development is an opportunity to provide excellent public transport access, with high quality roadside infrastructure. At least three pairs of bus stops, all equipped with shelters, would be expected to be strategically located along the spine road to minimise walking distances to the bus stops. In this regard, the design standard of houses being placed no more than 400 metres from a bus stop should be seen as a minimum standard rather than a target. 86. Concerns raised regarding the proposed alterations to the existing Eddington interchange, which envisage the removal of the southern roundabout. The proposed layout suggests that traffic wishing to access the London-bound carriageway of the A299 will have to make a right turn across the proposed spine road, which in turn will become the main through route for Canterbury-bound traffic. The conflicting movements could be expected to cause traffic delays, to the detriment of the smooth running of the bus service. REPRESENTATIONS 87. The application was publicised in the local press, five site notices were posted around

18 the site and 230 local residents were directly consulted regarding the application. Sixty four Letters of objection were received which primarily relate to the following: 88. Impact of development on the character of Herne & Bullockstone 89. The potential amalgamation of Herne with Herne Bay Impact on Herne Conservation Area Impact on listed buildings Impact on surrounding landscape and loss of green space Loss of agricultural land Highways concerns, including: - Junctions of Canterbury Road/Bullockstone Road and Braggs Lane - Suitability of Bullockstone Road for HGV use - Lack of a pedestrian footpath along Bullockstone Road - Works to Bullockstone Road not to the required standard - Concerns regarding the proposed spine road - Construction access to site would be unsafe - Visibility, especially along Bullockstone Road Infrastructure provision, especially GPs and schools Increased demand for services Overdevelopment of the site Scale of the residential development out of keeping with surrounding development Lack of play areas provided within the site The need for affordable housing not being met by the development Drainage concerns, including: - Impact on neighbouring dwellings - Impact on highway - On-site attenuation needed - Proposed allotments Lack of sewerage capacity Impact of development on neighbouring dwellings Impact of noise from Home Farm on proposed dwellings within the site Land ownership concerns along Bullockstone Road Loss of trees, including TPO trees Impact on Ancient Woodland No need for additional housing Additional air and noise pollution Impact on ecology PROW improvements needed Application premature to Local Plan Increase in crime resulting from proposed development Lack of employment provision Loss of green belt land (the site is not green belt land) Devaluation of property (not a material planning consideration) Loss of a view (not a material planning consideration) The Herne Parish Council have also objected to the application. Their objection primarily relates to the following: Lack of clarity regarding the proposed highway works 90. Lack of information regarding outline element of the development Concerns regarding the proposed highway works, including: - Inadequate response to the safety audit - Suitability of proposed traffic lights to A291 - Bullockstone Road works, including impact on character of highway, lack of