AT MOONS YARD, GROVE ROAD, SELLING, FAVERSHAM PLANNING STATEMENT DHA REF: JAC/MG/9967

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1 DEMOLITION OF EXISTING COMMERCIAL BUILDINGS, REMOVAL OF THE EXISTING HARD SURFACE AREAS AND THE ERECTION OF 5 No DWELLINGS WITH AMENITY SPACE, PADDOCKS, PARKING, ACCESS AND LANDSCAPING AT MOONS YARD, GROVE ROAD, SELLING, FAVERSHAM PLANNING STATEMENT DHA REF: JAC/MG/9967 JANUARY 2015

2 CONTENTS 1 INTRODUCTION Purpose of Statement Pre-Application Advice and Informal Consultation Site Location and Description Planning History DEVELOPMENT PROPOSAL PLANNING POLICY FRAMEWORK Statutory Development Plan Swale Borough Local Plan National Planning Policy Framework Document March POLICY CONSIDERATIONS PLANNING MERITS OF THE PROPOSAL Previously Developed Land Amenity of Local Residents and the Lawful Use Impact on the Character and Appearance of the Countryside Transport Ecology Contamination Landscaping Planning Merits Conclusion HIGHWAY CONSIDERATIONS Parking Access CONCLUSION Planning Statement January 2015 Page 2

3 1 INTRODUCTION 1.1 Purpose of Statement This Statement is prepared to accompany a detailed planning application for the redevelopment of the existing commercial buildings and land and the erection of 5 No dwellings with access and parking facilities at Moons Yard, Grove Road, Selling This Statement provides supporting information to the application and has been prepared in the context of the Development Plan and relevant government advice. The Development Plan comprises the South East Plan and policies of the Swale Local Plan A separate Design and Access Statement has been prepared to accompany the application in accordance with the requirements of DCLG Circular 01/ Pre-Application Advice and Informal Consultation A pre-application meeting was held with the Council on 15 April 2014 and discussed two possible options for the site. The first included a redevelopment of the site with the stationing of a property on the road frontage. The second option was for a redevelopment of the site only The Council advised that a property on the road frontage would not be welcomed, however, a redevelopment of the site that would lead to an improvement in the locality visually and also lead to an improvement to the local road network It was acknowledged by the Council that the current lawful use of the site, whilst currently not fully operational, could lead to a large amount of commercial vehicles accessing the site via the local highway network. This network constitutes a series of country lanes which are not suited to accommodating large vehicles. Therefore, the removal of this traffic from the local road network would be welcomed The Council also confirmed that any proposed residential units would need to be of a high quality design. The design of the properties is outlined further within the Design and Access Statement, however, it is held that the proposals are of a high quality, utilising high quality materials and sustainable build techniques that will contribute positively to the locality Furthermore, a meeting was held with local residents to discuss the proposed redevelopment of the site. During this meeting questions from local residents were answered in relation to the proposed redevelopment. Suggestions and recommendations were taken on board and amendments made to the proposal subsequent to this meeting. Planning Statement January 2015 Page 3

4 1.3 Site Location and Description The site is well screened along the northern boundary towards Grove Road and very well screened in the wider locality. There is a good screen to the north west boundary, and land contours ensure that while visible, the site is not prominent in the landscape The site covers an area of approximately 2.4 hectares and includes a number of commercial buildings together with a mobile home, large hard surfaced yard, open storage area and parking area. The existing buildings provide approximately 1486 square metres of floor space. The site is generally flat and is not located within an area at risk of flooding The site has been used for commercial purposes for a mixed use as set out in the LDC decision (ref: SW/12/0673). This use is described thus: (1) Lawful Development Certificate for use of land and buildings as an agricultural contractors deport involving parking, storage and maintenance of vehicles and plant, open storage for materials, use of buildings A, B and C for vending machine business, paint storage and carpentry respectively, all with related parking of vehicles, with siting of mobile home use residentially for security staff It should be noted that in addition to the 1486sq.m of floorsapce covered by the submitted topographical survey, the Certificate covers a residential mobile home. In accordance with the relevant legislation this structure could lawfully comprose a double unit mobile home of up to 1200sq.ft. 1.4 Planning History There are a number of planning applications that have been submitted in localities close to the application site. However, there have been a number of applications at the site that are relevant to this application, they are as follows: (1) SW/12/ Lawful Development Certificate for Existing Use as Offices, Workshops, Storage Transport Depot & Plant Depot. Refused on 14 March 2012; and (2) SW/12/0673 Lawful Development Certificate for use of land and buildings as an agricultural contractors deport involving parking, storage and maintenance of vehicles and plant, open storage for materials, use of buildings A, B and C for vending machine business, paint storage and carpentry respectively, all with related parking of vehicles, with siting of mobile home use residentially for security staff. Approved 27 June Planning Statement January 2015 Page 4

5 2 Development Proposal The proposal is for the demolition of the existing commercial buildings, hardstanding and the erection of 5no. dwellings with amenity space, paddocks, parking, access and landscaping on land at the former Moons Yard, Selling The proposed development is arranged in a courtyard style layout centred on a gated, landscaped and permeable hard surface gravel drive as can be seen on drawing OV/DB/JC/ The proposed dwellings are of a traditional rural Kentish design taken from rural locations throughout Kent. The designs of the buildings are set across both one and two storeys. The principle elevations present a mixture of scales with one and two storeys evident. The design of the buildings utilises traditional materials with timber, brick, tile hanging and weatherboarding. The design rationale is that within a short period of time the development will weather, which in combination with growth of the landscape setting will provide a low key rural appearance, typical of the location Details of the dwellings are shown on drawings OV/DB/JC/01, 02, 03, 04 and The dwellings will provide the following amount of development/floor space (all measurements are approximate): (1) Plot sq.m (garage 67.9sq.m); (2) Plot sq.m (garage 42.4 sq.m); (3) Plot sq.m (garage 42.8 sq.m); (4) Plot sq.m (garage 42.4 sq.m); and (5) Plot sq.m (garage 68.7 sq.m) Parking and turning to serve the dwellings is shown on the layout plan drawing number OV/DB/JC/06. Each of the units would have a minimum of 2 No. parking/garage spaces This application has been prepared as an alternative to the continued use of the site for lawful commercial/business use. The detail of this are set out in the planning history section above. Planning Statement January 2015 Page 5

6 3 PLANNING POLICY FRAMEWORK 3.1 Statutory Development Plan Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan in this case comprises the Swale Borough Local Plan The relevant policies of the Development Plan that should be taken into account in determining this application are considered below In addition the National Planning Policy Framework March 2012 is a significant material consideration. 3.2 Swale Borough Local Plan The Proposals Map of the Swale Borough Local Plan identifies the site as being outside of the urban confines and within open countryside and the Kent Downs AONB. The following policies of the Local Plan are particularly relevant to the application E6 and E Policy SH1 states that outside the urban confines and within countryside locations, housing development will be considered in line with Policy E Policy E3 states that on sites known, or suspected to be contaminated planning permission will only be granted if the developer agrees to undertake effective investigation and remediation work to overcome any identified hazard. A detailed contamination report has been submitted in support of the application which demonstrates that subject to the measures identified being carried out the site is suitable for the end user Policy E6 seeks to restrict development in the countryside subject to the categories set out in the policy Policy E9 seeks to protect local landscape character and requires that proposals for development should enhance elements that contribute to the distinctiveness of the locality and remove features which detract from the character of the landscape. The policy especially seeks to protect the character and natural beauty of the Kent Downs AONB Policy E19 seeks to achieve a high quality design for both urban and rural settings. In terms of rural areas proposals are required to respond positively to the character of the area In this case the proposal will result in the removal of a number of commercial buildings and hard surface areas and their replacement by small scale Kentish vernacular buildings to provide residential units that will make a positive contribution to the Planning Statement January 2015 Page 6

7 character of this locality. In addition the proposed comprehensive landscaping and tree planting proposals will significantly enhance the rural character of the area and is compliant with Policy E9 and E Policy E21 requires proposals to encourage resource conservation and incorporate sustainable design and build measures and advocates meeting the BREEAM standard of good as a minimum. In the context of this proposal which include live/work space the standards set out in the Code for Sustainable Homes and BREEAM where relevant have been considered and is set out below in Section Policy H2 states that outside the urban confines, housing development will be considered in accordance with Policy E6 and RC Policy RC3 states that housing in rural areas will be permitted, exceptionally, where it meets the needs of the local community. The policy outlines a number of criteria that housing applications should meet Policy RC7 states that rural lanes within the borough will be protected, and any development that would lead to significant harm to these routes will be refused. 3.3 National Planning Policy Framework Document March The NPPF was brought in with immediate effect in March 2012 and replaces all of the PPG s and PPS s and sets out the Government s Planning Policies for England and how these are expected to be applied. It states that the NPPF must be taken into account in the preparation of Local and Neighbourhood Plans, and is a material consideration in planning decisions Paragraph 6 states that the purpose of the planning system is to contribute to the achievement of sustainable development and sets this out at paragraphs 18 to 219, which are to be taken as a whole, what constitutes the Government s view of sustainable development There are three dimensions to sustainable development being an economic, social and environment role and it is stated that these should not be taken in isolation because they are mutually dependent Paragraph 9 states that pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people s quality of life. This includes (but is not limited to): Making it easier for jobs to be created in Cities, Towns and Villages; Moving from a net loss of bio-diversity to achieving net gains for nature; Replacing poor design with better design; Improving the conditions in which people live, work, travel and take leisure; and Widening the choice of high quality homes. Planning Statement January 2015 Page 7

8 3.3.5 At the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan making and decision taking Para 14 explains that with decision taking this means: - Approving development proposals that accord with the Development Plan without delay; and; Where the Development Plan is absent, silent or relevant policies are out of date, granting permission unless: Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or Specific policies in the Framework indicate development should be restricted Within the core planning principles set out at paragraph 17 it is stated that planning should proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet housing, business and other development needs of an area, and respond positively to wider opportunities for growth It is also stated that planning should encourage the effective use of land by reusing land which has been previously developed (brownfield land) provided that it is not of high environmental value ; and actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable Paragraph 17 also states that planning should :- Not simply be about scrutiny, but instead be a creative exercise in finding ways to enhance and improve the places in which people live their lives; Always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; Promotes mixed use developments, and encourage multiple benefits from the use of land in urban and rural areas Paragraph 49 of the NPPF states that applications for housing development should be considered in the context of the presumption in favour of sustainable development Although paragraph 55 of the NPPF outlines some exceptions where new housing within rural areas is acceptable, it is held that this is not an exhaustive list and that other circumstances could be considered special. Planning Statement January 2015 Page 8

9 Under section 11 conserving and Enhancing the Natural Environment it is stated the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, geological conservation interests and soils, recognising the wider benefits of eco system services and minimising impacts on biodiversity and providing net gains in biodiversity where possible The development proposes the retention of all of the existing trees and also includes extensive new landscaping and substantial tree planting and ecological enhancements in the form of Hibernacula and log piles and therefore will make a positive contribution to the ecology of the area Paragraph 121 states that decisions should prevent both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability and remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate Continuing with the theme of protection of amenity, the NPPF states that planning policies and decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development. The redevelopment of the site to provide a mixed use development of live/work units will result in a very significant improvement to the amenity of the neighbouring residential properties when compared to the continued use of the site for industrial/commercial use and will have significant benefits for landscape character and ecological interests Under the heading decision taking, paragraph 187 states that local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area. The proposal will introduce new sustainable economic development which will help the rural economy and the overall wellbeing of the local community and will also bring about significant environmental enhancement to the locality The NPPF makes clear that there is a presumption to grant permission were a plan is absent, silent, indeterminate or where relevant policies are out of date. Local Plans should be prepared on the basis of meeting protectively assessed development needs, with sufficient flexibility to respond to rapid shifts in demand or other economic changes. Planning Statement January 2015 Page 9

10 4 POLICY CONSIDERATIONS Planning Merits of the Proposal The following planning policy considerations are assessed in this section in relation to the proposal: Previously Developed Land; Residential Amenity and the Lawful Use; Impact on the Character and Appearance of the Countryside and AONB; Transport; Ecology; Contamination; Landscaping; and Planning Merits - Conclusion 4.2 Previously Developed Land The NPPF at paragraph 17 sets out the core planning principles which includes strong support for the effective use of previously developed land providing that it is not of high environmental value. In this case the site has been used for commercial use for a number of years and has been professionally assessed by the appointed consultants to to be of low environmental value. The Council granted a Certificate of Lawfulness for the site in 2012 and it should be noted that this does not limit the number of HGV or other trips to or from the site, or its hours of operation Indeed it is noted that the site is rather unattractive and that permission exists for the site to be used for industrial/commercial operations, the nature of which will lead to visual and functional intrusions. It is the case, therefore, that before the site recommences operation the Applicant seeks an alternative use, which will be a good neighbour to existing properties in the area. As a consequence there is considered to be support from the NPPF for redevelopment of the site. 4.3 Amenity of Local Residents and the Lawful Use The amenities of neighbouring properties will not be harmed by the proposal. Indeed the visual and functional amenity of the neighbouring residential properties along Planning Statement January 2015 Page 10

11 Grove Lane will be visually and functionally enhanced as a result of this proposal through the extinguishment of the existing commercial and storage uses The existing use includes substantial outside storage with the only restrictions being by virtue of the Environmental Protection Act The impact of the proposed development must be weighed against that of the lawful use for continued commercial/industrial use. Not only would operations on site have the potential to cause noise and visual intrusion in the locality, but the types of traffic accessing the site along protected rural lanes (Policy RC7) is likely to have a detrimental impact on these routes. 4.4 Impact on the Character and Appearance of the Countryside Detailed consideration of the design of the proposal is set out in the accompanying Design and Access Statement. The proposed demolition of the existing commercial buildings and the erection of 5 No. high quality buildings in a Kentish rural vernacular style will make a positive contribution to the character of the site and will significantly enhance the rural character of the area The site is enclosed and is generally well screened from local views outside of the site. It is screened along the boundary of the site with Grove Road by a dense hedgerow and existing residential development along the lane. The site is enclosed along the western boundary by a hedgerow with a Public Footpath beyond. It is the case, however, that while views are limited to glimpses through existing vegetation the site can be seen. The southern boundary of the site is also partly enclosed by a tree belt and hedgerow The existing trees and boundary hedgerows will be retained and reinforced with new tree and hedge planting. The dwellings will be located in the area currently occupied by the hardstanding and existing buildings. To the south and east of the site the land will be given over to paddocks attached to some of the properties The proposed replacement buildings are relatively small in scale due to the one and a half storey design. The use of brick and weatherboarding to the elevations and a clay tiled roof over, with simple fenestration and detailing to create a rural vernacular style will help the proposal assimilate well with the rural surroundings The development is well designed and will make a positive contribution to the setting and character of the site and will integrate well with its surroundings and no harm will be caused to the character of the countryside or the AONB and accords with the advice set out in paragraph 58 of the NPPF. 4.5 Transport A trip generation report is submitted with this application that outlines the potential vehicle movements in relation to the lawful operations from the site versus the proposed redevelopment for 5no. residential properties. Planning Statement January 2015 Page 11

12 4.5.2 The report concludes that the removal of the commercial use of the site and redevelopment of the site for residential properties could lead to the reduction of up to approximately 56no. trips per day. This removal in the amount of trips to and from the site will also accord with planning policy RC7 which seeks to protect rural lanes. It is reiterated that a proportion of these removed movements will be HGV s and commercial vehicles and plant. 4.6 Ecology An Extended Phase 1 Habitat, Bat Buidling Assessment and Reptile Survey Report dated November 2014 has been prepared by Corylus Ecology and is submitted in support of the application. The report concludes that there are no rare and/or protected plants or habitats within the survey area As the proposed development does not extend to within 15m of the adjacent ancient woodland, no further action is needed with regard to protection of the ancient woodland area Potential reptile habitat was identified during the Extended Phase 1 Habitat Survey and therefore reptile presence/likely absence surveys were carried out in order to assess whether mitigation for reptiles would be required as part of the development proposals. This highlighted that only one slow worm was recorded on two occasions, which does not qualify the Site as a Key Reptile Site. Although a translocation effort is not necessary, recommendations for habitat improvement has been put forward and is likely to support reptiles. In addition, enhancements are recommended after the development work is finished Three of the buildings on site contained either evidence of breeding birds or potential to support nesting birds. Recommendations for the appropriate timing of demolition works has therefore been provided in order to protect any birds nesting in the buildings The site was considered to have low potential for singleton bats only and no further surveys are recommended for bats The report concludes that ecology matters are not prohibitive to planning permission on the site. Indeed, it is submitted that the proposal offers a significant opportunity to enhance habitat that will not otherwise occur. 4.7 Contamination A contamination report has been undertaken by Lustre Consulting in December This report outlines the potential risks associated with the site and its history along with recommendations for survey work to confirm initial research The report concludes that although the history of the site results in a low to moderate risk of contaminants being present these can be adequately dealt with by condition and is not prohibitive to securing planning permission for the redevelopment of the site. Planning Statement January 2015 Page 12

13 4.8 Landscaping Existing vegetation and buildings largely screens the site from Grove Road, with only glimpsed views of the site available from the western boundary. The site is enclosed along the eastern and southern boundaries by a tree belt and hedgerow. Existing woodland and vegetation on the site will be retained and reinforced with new tree planting and it is proposed that these will be a positive enhancement of the biodiversity and the ecology of the area. 4.9 Planning Merits Conclusion It is submitted that the proposed development to provide 5no. dwellings is supported by planning policy and that the proposal will ensure that the countryside and AONB are protected and enhanced. The scheme has been carefully conceived to ensure that the character and appearance of the countryside is preserved and enhanced The scale of the proposed development is appropriate in the context of the edge of village location of the site and will cause no harm to residential amenity. The proposed replacement of the existing large utilitarian commercial buildings and hard surface area and extinguishment of the extant planning permissions as well as the erection of traditional Kentish vernacular style rural buildings will result in a significant enhancement to the character of the site and the character of the area, such that the development will make a positive contribution to the area The buildings will be constructed to a high standard and it is envisaged that a least a Code 4 of Sustainable Homes will be achieved. The development will include energy saving devices to reduce energy consumption and carbon emissions. The removal of poorly insulated buildings, substantial areas of new planting, the presentation of highly energy efficient buildings and removal of large numbers of HGV s from the local road network will increase the relative sustainability of the site The scheme includes the retention of the existing boundary trees and hedges. The scheme also includes new tree and hedgerow planting to further add to the character and enhancement of the locality These measures will help reinforce the rural character of the site and provide for the enhancement of the biodiversity of the locality The proposal is considered fully compliant with policy and guidance as set out in the NPPF and the Council are asked to support this sustainable redevelopment of this brownfield site. Planning Statement January 2015 Page 13

14 5 HIGHWAY CONSIDERATIONS Because of the small scale nature of the proposal a Transport Statement has not been prepared. The site/buildings have previously been used for many years for commercial purposes and without doubt would have and could still generate a significant number of vehicle movements including vans, plant and HGV s on a daily basis. While the site is not in use at present, the owners have a contracting business, plant hire business and other linked businesses that would operate from the site if the application is unsuccessful. Parts of the site would then be let to other commercial operators who feel within the lawful use of the site The proposed dwellings are expected to generate between approximately 22 and 26, on average, trips on a daily basis with perhaps up to a maximum of 40 per day. This would result in a very significant reduction in potential trips compared to the lawful use of the site for commercial/industrial and storage purposes. There would also be a very marked reduction in light HGV and HGV movements on the local highway network Based on experience with other similar sites it can be expected that between 2 and 6 HGV trips would be required a day for the importation of materials and exportation of finished product as well as numerous flat bed van movements and car movements from staff and visitors as and when the commercial/industrial use resumed. Based on experience with similar sites it could be expected that were the permitted use to recommence it could be expected to generate approximately movements per day with perhaps 10-20% being HGV s and 40% LGV s as well as plant and equipment. 5.2 Parking Car parking/garage spaces are provided to serve the proposed dwelling which satisfies the relevant parking standards. Adequate space is available to provide cycle parking as part of the development which will contribute and help reduce the number of local car trips. 5.3 Access Access to site will be via the existing access to Grove Lane. Planning Statement January 2015 Page 14

15 6 Conclusion The proposed redevelopment of this previously developed site to provide 5 No dwellings is supported by the up-to-date advice set out in the NPPF which provides strong support for the reuse of previously developed land and visual enhancement of rural areas The provision of dwellings in this location will provide a viable future for the site with a use that would provide an improved level of amenity for existing residents The replacement of the unattractive utilitarian buildings with buildings of a Kentish rural vernacular form will significantly enhance the character and appearance of the site and will make a positive contribution to the countryside. Importantly the proposal will be a significant betterment and will enhance the amenity of nearby residential properties through the cessation of the current lawful and unrestricted use of the site for the purposes as described above It has also been set out that the amount, scale and layout of the development is acceptable in the context of the amount of the existing built development and indeed will result in an overall reduction in footprint and hardstanding areas on site at the same time as an increase in landscaped areas and significant landscape enhancement. This is especially true as a number of properties in the locality are substantial in scale, and the proposal sits comfortably with this. The proposed additional landscaping will enhance the character and the appearance of the site and it s setting within the countryside such that it will make a positive contribution to the area It has been outlined above that the overall traffic generation from the proposed redevelopment will result in a significant reduction in movements, particularly HGV movements compared to the traffic generated by the lawful commercial use. Access to the site will be via the existing access and will not result in any danger to the safe and free flow of traffic on the highway It is concluded that the proposed re-development of the site to provide 5no. residential units accords with National Planning Policy and it is requested that the Local Planning Authority support the proposal and grants planning permission. Planning Statement January 2015 Page 15