Canterbury City Council Military Road Canterbury Kent CT1 1YW. Title: CA//16/00986/FUL. Author: Canterbury City Council.

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1 O Title: CA//16/00986/FUL Author: Canterbury City Council Scale 1:1,500 Map Dated: 01/09/2016 Canterbury City Council Military Road Canterbury Kent CT1 1YW

2 AGENDA ITEM NO 9 PLANNING COMMITTEE APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//16/00986/FUL 5-5A Rhodaus Town, Canterbury, CT1 2RJ Proposed erection of a purpose built student accommodation building comprising 153 bedrooms, ancillary gymnasium, cinema room, laundry room, administration/welfare facilities, refuse and recycling facilities, cycle parking, car parking and landscaped open space. FULL APPLICATION DATE REGISTERED: 29 April 2016 TARGET DATE: 24 June 2016 LISTED BUILDING: CONSERVATION AREA: WARD: APPLICANT: AGENT: CASE OFFICER: WEB LINK: NOT LISTED CANTERBURY CITY No.1 - AMENDED Barton Canterbury Student Living Ltd. Guy Hollaway Architects Miss Ceri Williams aldocuments&keyval=_cante_dcapr_ RECOMMENDATION: Grant, Section 101 Delegation. That the Head of Planning and Regeneration be and is hereby authorised, pursuant to Section 101 of the Local Government Act 1972, to grant planning permission for the development subject to completion of the unilateral undertaking. SITE LOCATION AND DESCRIPTION 1. The application site is approximately 0.3ha and is a parcel of previously developed land. To the north-east of the application site is Canterbury Christ Church University library with

3 student accommodation in various states of construction being located to the north-west, west, south-west and south of the application site. The site fronts onto Rhodaus Town and is located on the edge of Canterbury City Centre. To the north of the application site is Pin Hill A28 beyond which is the Canterbury City Wall and Dane John Garden. 2. Currently the site comprises of a number of warehouses which are used as the art and design studios for Canterbury Christ Church University. The site is located within a Regeneration Zone and in the Area of Archaeological Importance (AAI). RELEVANT PLANNING HISTORY 3. The site at Rhodaus Town has a long planning history; specific to the site subject to this application is application number CA/15/01734/FUL. This application proposed the continued change of use from general industrial to education, including the retention of existing temporary buildings. This application sought temporary change of use until 31/08/2017. This application was granted subject to conditions. Also relevant to this application are the applications that have been granted at the adjoining sites, which are currently being built out. 4. Planning permission was granted by Planning Committee at the site south of the application site, which is known as Petros Court under reference number CA/12/02140/FUL. The application proposed the construction of student accommodation comprising of 432 bedrooms. A minor amendment for this scheme in relation to the external appearance was subsequently approved under reference number CA/13/02045/MIN. In addition to this numerous submission of details applications have been submitted relating to the conditions imposed upon the 2012 scheme that were subsequently approved by the local planning authority. 5. North of the site is the former Peugeot garage site, prior approval was allowed subject to the submission of further information in 2014 under reference number CA/14/01782/DEM for the demolition of the buildings on site. The details required were later submitted and approved by the local planning authority under reference number CA/14/02162/SOD. 6. In 2015 an application was submitted under reference number CA/15/00602/FUL for the erection of a student accommodation building comprising 539 bedrooms, ancillary gymnasium, administration/catering/welfare facilities, refuse and recycling facilities, cycle parking, car parking and landscaped open space. This application was granted planning permission by Planning Committee. Following this permission being granted numerous submission of details application have been submitted relating to the conditions imposed upon this permission. PROPOSED DEVELOPMENT 7. Planning permission is sought for the erection of a six storey building as purpose built student accommodation comprising of 153 bedrooms, ancillary gymnasium, cinema room, laundry room, administration and welfare facilities, refuse and recycling facilities, cycle parking, car parking and landscaped open space. 8. The application proposes 153 self-contained studio apartments that will be located to the rear of student accommodation that is currently under construction at Rhodaus Town. The

4 building is of modern design and will be finished in a combination of block work with brick and ragstone and will be accessed off Rhodaus Town itself. CONSULTATIONS CCC Heritage: - The 6th storey is not ideal and adds little to the proposal; however, no objections were raised in relation to the proposal subject to conditions. CCC Archaeology: - No objections subject to conditions CCC Business and Regeneration: - No comments to make on this occasion CCC Environmental Health: - No objection subject to conditions CCC Transportation: - No objections to the proposal subject to a contribution of 200,000 towards public realm improvements at the Clock Tower. Environment Agency: - No objection subject to conditions KCC Lead Flood Authority: - No objection, it is recommended that consultation takes place with Southern Water to confirm capacity of the receiving sewer. Southern Water: - Initial investigations indicate that Southern Water cannot accommodate the needs of this application without providing additional infrastructure should planning permission be granted a condition should be imposed requiring the submission of a drainage strategy detailing the proposed means of foul and surface water disposal and an implementation timetable. Southern water have indicated that initial investigations show that they can accommodate surface water disposal to the proposed development, however, a formal application to Southern Water will be required. Biodiversity Officer: - No objections to the application subject to conditions Natural England: - No comments to make on this occasion KCC Highways: - On balance it would be difficult to evidence that the residual highway impacts from the redevelopment of this site for student accommodation would be severe therefore no objections have been raised in relation to this application subject to conditions. Kent Police: - No objections to the application subject to conditions REPRESENTATIONS Seven letters of representation have been received in relation to this application. Three letters of support have been received, comments were made as follows: - There is a shortage of housing in Canterbury as increasing numbers of students are having an impact upon the level of reasonably priced housing for local people. Students require purpose built accommodation, this application will help free up housing for local people with purpose built student accommodation.

5 The development will incorporate facilities for students such as a gymnasium, cinema and recreational space. The level of purpose built student accommodation is not keeping up with the number of students coming to Canterbury. The site is a brown field site that has good access to local amenities. In addition to this a 220 resident petition in support of the application of this development has been received. In addition to this one letter of objection has been received, comments were received in relation to the following matters: - Personnel safety in relation to the in combination impact of all three developments upon the access when coupled with high volumes of pedestrians and vehicular movements on certain days. There will be conflicting vehicular drop offs/ pickups with adjoining developments at certain times of the year. There will be insufficient parking for drop offs/ and pickups. There is limited street lighting along Rhodaus Town. Refuse should be picked up from within the site. Concerns were raised in relation to the sufficiency of heating, hot water production, ventilation and energy reduction. Objections were raised by the Oaten Hill District Society who had concerns in relation to the following matters: - Excessive height The adjoining buildings are over scaled and should be viewed as a mistake and not precedent Impact upon air quality due to another high building in this location The 6th storey will impinge upon long distance views across the city and World Heritage Site. Also objections were also received from the South Canterbury District Residents Association in relation to the following matters: - Impact upon traffic Over intensive development in combination with other development and lack of management. The 6th storey will be visible from the city wall and the Dane John, this has not been considered acceptable in relation to other schemes. The Canterbury Heritage Design Forum also objected to this application and raised concerns in relation to the following: - The massing of the building The elevations appear to be dated Unconvinced by the pallet of materials The development should also be viewed from the rear of the site

6 DEVELOPMENT PLAN POLICIES Canterbury District Local Plan First Review 2006 H1 - Residential development on allocated & non-allocated sites. TC14 - A regeneration zone encompassing the site; appropriate uses specified. BE1 - High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard: cross-refers to SPGs. BE3 - Design statements/development briefs to be with applications. BE7 - Conservation Areas and their settings to be preserved or enhanced: specific criteria for consideration. BE8 - Demolition of buildings in Conservation Areas. BE15 - Archaeological evaluation of sites of archaeological interest. BE16 - Appropriate archaeological recording works. NE1 Site surveys where protected species known or suspected. C Canterbury District Transport Action Plan principles to be considered. C9 - KCC Vehicle & Cycle Parking Standards with local variations. C31 - Development within areas at risk of flooding or surface water run-off to be subject to a Drainage Impact Assessment, including a flood risk assessment. C40 - Mitigation of pollution from new developments, Including noise pollution. IMP2 - Section 106 Agreements; contributions to be sought from developers for social, recreational or community facilities. Canterbury District Local Plan Publication Draft 2014 SP1 - Presumption in favour of sustainable development unless material considerations indicate otherwise. SP4 - Urban areas of Canterbury, Herne Bay and Whitstable to be principal focus for new development. HD7 - Criteria based policy for assessing new student accommodation. Future increases in academic floorspace resulting in increased student numbers only acceptable where matched by corresponding increase in purpose built student accommodation. TCL10 - Mixed use development on allocated sites, including the Peugeot Garage site. T1 - Location of new developments to be considered against Canterbury Draft Transport Strategy. T9 - Parking and cycle provision to be applied in accordance with KCC standards. T17 - Transport Assessment and Travel Plans required for developments which would have significant transport implications. CC2 - Development to include measures to reduce carbon dioxide emissions from energy use. CC11 - Sustainable Drainage Systems to be utilised where practical and greenfield run-off rates to be achieved where possible. DBE1 - All development to incorporate sustainable design and construction measures. DBE3 - Development proposals to be of high quality, to be assessed against specific amenity, visual, landscape, accessibility and highways criteria. DBE4 - Proposals for modern design to be of high quality. DBE5 - Design and Access statements to be submitted where development is visually significant or significant to its neighbours. DBE11 - Development proposals expected to achieve high quality design of the public realm. DBE12 - Visually successful public open space to be created as part of new development. DBE13 - Outdoor lighting only acceptable where light pollution/spillage is minimised and it would not adversely impact on amenity, nature conservation, heritage assets, protected landscapes and long distance views.

7 HE1 - Proposals which protect, conserve and/or enhance the historic environment will be supported. HE2 - Proposals to protect and enhance the character, integrity and quality of the value of World Heritage Site. HE3 - Development should protect significant views of the City and the setting of the World Heritage Site. HE6 - Conservation areas and their settings to be preserved and enhanced. HE7 - Highway works to encourage protection of the character and setting of historic buildings, ancient monuments and conservation areas. HE11 - Scheduled Ancient Monuments and other important archaeological sites to be protected and archaeological evaluation required where potential for impact to archaeology. HE12 - Archaeological evaluation required for sites within the Canterbury Area of Archaeological Importance and other sites of archaeological potential. LB9 - All development to avoid a net loss of biodiversity and pursue opportunities to achieve a net gain. OS11 - New housing development to make provision for outdoor space. QL11 Development resulting in worsening air quality to be appropriately mitigated. QL12 - Mitigation of pollution from new development. Supplementary Planning Guidance/Guidance Rhodaus Town, Peugeot Garage Site Development Brief (November 2011). ASSESSMENT 9. The application is brought to Planning Committee as four objections to the proposal have been received that are contrary to the Officer recommendation. The application has also been called into Planning Committee by a councillor. Principle 10. The application proposes the construction of purpose built accommodation comprising of 153 bedrooms with ancillary facilities. The site is walking distance from Canterbury City Centre and is also well served by public transport links including Canterbury East railway station and bus links. The application site is therefore in its own right considered to be a sustainable location. 11. Policy H1 of the adopted Local Plan supports new housing development on previously developed land within the urban areas of the district. This is reflected within policies SP1 and SP4 of the draft Local Plan that seek to ensure that new residential development is situated in sustainable locations within the urban areas of Canterbury, Whitstable and Herne Bay being the primary focus of development. The application site is located within the urban area of Canterbury as specified within the proposal maps of the CDLP and relates to a plot of land that is previously developed. The application is considered to accord with these policies. 12. Policy TC14 of the Canterbury District Local Plan 2006 designates a Regeneration Zone for the redevelopment of the St Georges to Canterbury East area. Development appropriate to this area is identified as including offices, retail, leisure, hotels, cultural facilities, education and housing. A Development Brief entitled "Rhodaus Town" was adopted in 2011 and includes the application site. This sets out that development proposals should be sustainable and high quality, having particular consideration to the

8 need to provide quality, well designed modern buildings that reflect and enhance the values of the adjacent conservation area and city wall, identifying and preserving any archaeological remains, make the most efficient use of the brown field site, provide high quality and soft landscaping, provide satisfactory solutions to transport issues, including parking and access and minimise the impact on air quality. 13. The Brief goes on to state that uses considered suitable include offices, retail, leisure, hotels, conference facilities, cultural facilities, education and housing. It states that a marriage of the identified land uses into a well-designed mixed-use development may prove the most appropriate and realistic manner in which to bring the site forward. Policy TCL10 of the Canterbury District Local Plan Publication Draft June 2014 sets out that the development of this site is allocated for mixed use and indicates that it would be suitable for student housing, office/commercial use, leisure and education. 14. The Brief recognises that Augustine House has helped to establish the character of the regeneration areas as an important site for higher education and that an opportunity exists to expand on this use through further education linked development in order to create a 'higher education hub'. Teaching facilities, workshops and student accommodation would have a minimal requirement for car parking and would help reinforce such a hub. Other uses that do not generate significant traffic movements during peak times, such as a hotel, may also be appropriate. 15. In relation to policy HD7 of the draft Local Plan, this policy requires proposals for purpose built managed student accommodation to meet the following criteria: - a) It is the acceptable redevelopment of a non-residential site, where there is no longer a proven need for the existing use; b) The site is not already allocated for general housing; c) The proposal would not lead to a concentration of students in an otherwise residential area and therefore conflict with the HMO policy HD6; d) The site is well served by pedestrian and cycle routes and public transport and if applicable will have adequate transport links to the establishment's existing educational facilities; e) Parking requirements on site are kept to the operational minimum, and must include servicing and drop-off facilities; f) The proposal would not lead to an unacceptable level of car parking on the surrounding street g) The development is to be a car free development; h) The proposal respects the character of the surrounding area and satisfies the criteria in policies DBE3 and DBE4; i) Provision is made for cycle storage 16. This report sets out that the universities in Canterbury have a total of 30,570 full time students but only provide accommodation for 7,377 students which represents 24.1% of the full time student population. There is currently one purpose built student accommodation scheme in Canterbury with 336 bedrooms which accounts for 1.4% of the full time student population, illustrating a structural undersupply. The total of 85 private sector and university studio beds in Canterbury accounts for just 0.27% of the full time student Higher Education population. The number of beds provided by a combination of the university accommodation and the private sector totals This represents 25.23%

9 of the total student population and leaves 22,851 (74.74%) of the students unable to access university or private sector accommodation. 17. Even when the current consented pipeline (where planning permission has been granted or currently being built out) of development comprising 620 bed spaces is to be completed (Rhodaus Town and Kingsmead Depo), there will still be an undersupply with 22,231 (72.72%) of students still unable to access university or private sector purpose-built accommodation. As a result 30.9% of Canterbury students (across the three institutions) seek accommodation within the private housing market. The report considers that there is currently an undersupply of accommodation for students within Canterbury with it being demonstrated that there is a clear desire to draw students away from private sector housing accommodation in light of the Article 4 Direction in place across Canterbury and more towards purpose built student accommodation in line with policy HD7 of the draft Local Plan. 18. Given the above it is considered that in principle, the use of the site for student accommodation can be accepted and that there are no specific policies in the National Planning Policy Framework that would undermine this principle. Whilst there are is no specific institution identified which would manage the accommodation, this is not a legitimate reason for a policy objection as the management of the site can be effectively controlled. Whilst the application site is outside of the City centre itself, it is located within the Canterbury urban area and as such it is an appropriate location for this form of residential accommodation as a result of its highly sustainable location where there are a variety of transport modes accessible in close proximity. 19. The development would be consistent with Policy TC14 and whilst it does not provide a mixture of uses on the site, this is not considered to be sufficient grounds for refusal of the application. Whilst the Development Brief and draft policy TCL10 states that mixed use may be an appropriate way of developing the site this should not preclude other forms of development that may be otherwise suitable from coming forward, particularly where student housing is identified as an appropriate use in the Brief. Furthermore, for the reasons set out the proposal is considered to be consistent with Policy HD The development would form part of the higher education hub referred to in the Brief as it would complement the use of Augustine House and the student accommodation at the front and rear of the site. Notwithstanding this, this policy is only at the emerging stage and whilst it has been submitted to the Planning Inspectorate it can only be afforded limited weight at this stage. 21. Overall, the principle of it being developed for student housing is considered to be acceptable as part of the higher education hub envisaged by the adopted Development Brief and would constitute sustainable development as defined within the NPPF. The report submitted with the application supports the Council's view that there is a need for additional purpose built student accommodation across the District in order to release existing student HMO's back into the family housing market. 22. The site is in a sustainable location within the urban area and the City and the universities would be able to be accessed by a range of transport modes. It is considered that the principle of the development can therefore be accepted and that it would comply with Policy H1, TC14 and C21 of the Canterbury District Local Plan 2006 and Policies SP1, SP4, TCL10 and HD7 of the Canterbury District Local Plan Publication Draft 2014, subject

10 to the consideration of the impact of the student development on the character and appearance of the area as required by these policies. Character and appearance of the development 23. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that when considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 72(1) of the same act requires that in relation to conservation areas, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the area. 24. In respect of conservation areas paragraphs 128, 129, 131, 132, 133, 134 and 137 of the NPPF provide guidance on heritage assets, in this case the following assets need to be considered: - Scheduled Ancient Monuments Canterbury City Walls Dane John Mound and Roman and Medieval Remains in the Dane John Garden Canterbury Castle Listed Buildings Canterbury Castle, a Grade l Listed Building Dane John Mound Pinnacle, Grade ll Listed Conservation Areas Oaten Hill and Old Dover Road Conservation Area Canterbury City Conservation Area Nunnery Fields Conservation Area 25. Policy BE7 of the adopted Local Plan seeks to preserve or enhance conservation areas, and draft Local Plan policy HE1 seeks to conserve, and where appropriate enhance the significance of heritage assets or their setting. In terms of the setting of Listed Building policy BE5 within the adopted Local Plan includes provisions on the setting of the Listed Buildings, this is reflected in policy HE4 of the draft Local Plan that requires development affecting the setting of Listed Buildings to preserve and enhance their character and appearance. Policy BE10 of the adopted Local Plan relates to historic gardens and requires their preservation and enhancement of their historic character (including their setting) with policy BE14 of the adopted Local Plan relating to the setting of Scheduled Ancient Monuments. These policy requirements are reflected in policy HE1 of the draft Local Plan. 26. The National Planning Policy Framework states that planning decisions should aim to ensure that developments will function well and add to the overall quality of the area; establish a strong sense of place; respond to local character and history; reflect the identity of local surroundings and materials; are visually attractive as a result of good

11 architecture and appropriate landscaping (paragraph 58). Policy BE1 of the Canterbury District Local Plan states that all development is expected to demonstrate a high standard of design, and should be considered against a range of factors including its visual impact and impact on the local town scape character, and the form of the development. These requirements are carried forward in policy DBE3 of the draft Local Plan. Policy BE2 of the adopted Local Plan seeks to ensure the development of functional and visually strong public realm space subject to certain criteria being met. In addition to the above policy DBE4 of the draft Local Plan relates to modern design being considered acceptable subject to certain criteria being met. 27. The site itself is an infill plot along Rhodaus Town between Petros Court and the former Peugeot Garage site with Augustine House opposite. The former Peugeot Garage site has permission for a five storey building, Petros Court is located to the south of the application site and contains building of a variety of building heights with the maximum being 6 storey and Augustine House is four storey. 28. The building proposed is of modern design and will be six storey. South of the application site is the Canterbury City Conservation area, which is enclosed by the scheduled city wall. The Dane John Mound and Registered Garden are located south of the application site. The Oaten Hill and Dover Road Conservation Area is located north-west of the application site and the Nunnery Fields Conservation Area is located to the north. There are numerous Listed Buildings contained within each Conservation Area. The impact of the proposals upon each of the heritage assets is assessed as follows: - Canterbury City Walls 29. The setting of this section of wall is characterised by a four lane road and various forms of modern architecture of varying architectural quality. The proposed building will be largely screened from the city walls by the intervening Peugeot Garage development that is currently being built out. There will be some views of the proposed building from the walls looking down Rhodaus Town, however, given the context of the site between three existing modern buildings, the close knit form of development and change in levels to the rear of the site any impact of the 6th storey will not overly dominate the surrounding area and respond to the scale and massing of the adjacent development. There may be glimpse views of the top of the proposed building but Officers are satisfied that this will be read in the context of other existing and implemented development. In light of the above, Officers are satisfied that the proposal preserves the setting of the Canterbury City Walls. Dane John Gardens and Dane John Mound 30. The proposed development is unlikely to be visible from within the Dane John Gardens as it will be screened by the Rhodaus Town former Peugeot Garage scheme that is currently being built out. There may be some views of the proposed building from Dane John Mound but these would be seen within the wider context of modern development surrounding the application site including Augustine House, Rhodaus Town former Peugeot Garage scheme and Petros Court. Officers consider that in light of the above the proposal preserves the setting of the Dane John Gardens and the Dane John Mound.

12 The Castle 31. The castle is screened from the application site by existing development, Officers are satisfied that the proposal preserves the setting of the designated Schedule Ancient Monument and the Grade ll Listed Building. Canterbury City Conservation Area 32. The setting of the Canterbury City Conservation Area (outside of the city walls) is characterised by the ring road and post war development. The setting from within the Conservation Area is mainly screened by the city walls. Views of the building within the Conservation Area will be limited as the streets are closely knit and generally do not orientate towards the application site. The identified impacts upon the city walls and the Dane John Mound are also applicable within the Conservation area, however, these impacts have been considered acceptable for the reasons set out therefore the proposal is considered to preserve the setting of the Canterbury City Conservation Area. Oaten Hill and Old Dover Road Conservation Area 33. Due to the orientation of Old Dover Road, the proposed development will be largely screened from the Conservation Area by Augustine House and Petros Court. Officers consider that the proposal will preserve the setting of the Oaten Hill and Old Dover Road Conservation Area. Nunnery Fields Conservation Area 34. The proposed development will be largely screened by Petros Court therefore the proposal is considered to preserve the setting of the Nunnery Fields Conservation Area. Other Heritage Matters 35. The proposed building will be visible from the rear of the site along parts of Rhodaus Close; however, the building will be read in conjunction the adjoining development and will not appear unduly prominent within the local area. 36. In relation to the elevational treatment of the building, the application proposes a building of modern design that will sit comfortably within its context by virtue of its high quality design and pallet of materials. Furthermore, the bulk and mass to the 6th storey will be reduced through the incorporation glass to minimise the impact. No objections have been raised by CCC Heritage Officers in relation to the design concept and the proposed pallet of materials, samples of materials will be required by condition to ensure a high quality finish. 37. In terms of the height and massing of the building in light of the building heights of existing buildings coupled with a change in levels the impact of the sixth storey is considered to be acceptable for the reasons set out above and will not be unduly prominent in the immediate locality or in the wider context of the site as an infill plot between Petros Court and the Peugeot site. 38. Taking the above into account the submitted application is considered to have an acceptable impact upon the character and appearance of the locality and the heritage

13 Archaeology assets and is considered to preserve the setting of the Scheduled Ancient Monument Listed Buildings and Conservation Areas. Officers are satisfied that the proposal will accord with paragraphs 128, 129, 131, 132, 133, 134 and 137 of the NPPF, policies BE2, BE5, BE7, BE10, BE14 of the adopted Local Plan and policies HE1, HE4, DBE3 and DBE4 of the draft Local Plan. 39. An archaeological desk-based assessment has been submitted as part of the application, the application site is located within the Area of Archaeological Importance. It is clear from other phases of work that archaeological remains are present within the site. 40. Standard practice for sites falling within areas of demonstrable archaeological potential requires the completion of an archaeological evaluation in advance of development in order to establish the presence of archaeological remains, and details of depth, nature and significance. However, in this case, CCC's Archaeological Officer considers that an evaluation in advance of development to be unnecessary as assessment and development on neighbouring sites have clearly demonstrated that significant remains extend into the development plot. 41. In light of this it has been requested that conditions be imposed requiring the implementation of an archaeological watching during demolition and any site investigation work, including geotechnical boreholing or contamination testing. A further condition should be included to require the completion of a full archaeological excavation of the site prior to commencement of construction. Subject to imposing these conditions Officers are satisfied that the proposal accord with policy BE16 of the adopted Local Plan and HE11 of the draft Local Plan. Ecology 42. A Preliminary Ecological Appraisal has been submitted with this application, it has been confirmed by the Biodiversity Officer that no further ecological work is required. The impact of the proposal is therefore considered to be acceptable subject to a condition to ensure details of ecological enhancements are incorporated within the scheme in accordance with paragraph 118 of the NPPF and policy LB9 of the draft Local Plan. Transport and Highways 43. The site is well located in terms of general transport sustainability, with easy access to the city centre and range of local amenities, part-time employment opportunities and public transport links. Therefore a car free development is achievable and represents a good use of the site by minimising car born trips. KCC Highways have recommended that this carfree principle is reinforced through the use of specific tenancy agreements/controls, the site is located within a controlled parking zone, which should in itself be sufficient to discourage residents from bringing a vehicle into the city. It is considered prudent to ensure that letting restrictions are put in place to ensure any tenancy agreement permitting occupation of the development shall prohibit students, other occupiers or visitors from bringing cars to the development except where they are loading or unloading at the start or end of term, where brought on to the site by registered disabled student occupiers and to commercial vehicles using the service area. This restriction will be secured through a Section 106 Agreement.

14 44. Whilst concerns have been raised in relation to the provision of a large number of students on a car free basis increasing pedestrian activity on the highways surrounding site, this is not considered to be materially harmful when considering the existing use of the site and surrounding uses. 45. It is recognised that the site is not ideal in terms of cycle links to destinations within the city. Whilst the Transport Assessment submitted to accompany the application makes reference to cyclists walking to and from appropriate points within the highway network, this is not an ideal solution with which to encourage this mode of transport. It would be beneficial for there to be a direct cycle linkage between the site and Upper Bridge Street/Old Dover Road, however there are existing geometrical constraints that would make this difficult to achieve in practice. It would be possible to cycle along to Lansdown Road, which subsequently provides access in an easterly perspective, however this does not represent the most direct route. 46. In terms of environmental and pedestrian improvements, CCC Transportation have requested 200,000 towards the public realm improvements at Clock Tower Square along St George Street. Officers consider that a contribution towards this project does not meet the legal tests set out in the CIL Regulations given the distance from the site and as the proposed works to the clock tower are not required to make the development acceptable in planning terms. 47. On this basis it is considered that there is no evidence that the residual highway impacts from the redevelopment of the site for student accommodation will be severe. Given this, it is considered that on balance the development would not have an unacceptable impact upon highway and pedestrian safety and it is relevant that KCC Highways raise no objection to the proposals. The proposal therefore complies with Policies BE1, C1 and C9 of the Canterbury District Local Plan 2006 and Policies DBE3, T1, T9 and T17 of the Canterbury District Local Plan Publication Draft June Living conditions 48. Policy BE1 of the adopted Local Plan states in part (i) that the Council will have regard to the privacy and amenity of the existing environment. Part (f) of Policy DBE3 of the Draft Local Plan states that the Council will consider the privacy and amenity of neighbouring buildings and future occupiers (including overshadowing, outlook and sunlight). 49. The site is an infill plot on the Rhodaus Town development; the proposed building will be set off the boundary with the Rhodaus Town Peugeot Garage site being approximately 10m off the northern boundary of the building proposed. Petros Court located to the south is located some 20m from the proposed building. Due to the close knit form of development coupled with the heights proposed a sunlight and daylight assessment has been undertaken, it demonstrates that by virtue of the distances of separation, orientation and design of the buildings the proposed development will have no significant adverse impact upon the adjoining properties at Petros Court, the Rhodaus Town development or dwellings to the rear in terms of loss of light and overshadowing. 50. With regard to the windows located within the northern elevation of the building proposed these windows will serve a stair core with high level windows to serve the bedroom. In light of this coupled with the distances of separation any impact of these windows upon

15 Petros Court are considered to be acceptable in terms of loss of privacy. The northern elevation will have communal space located at ground floor; these windows will be screened from the adjoining windows by the proposed landscaping and boundary treatment. Other rooms along this elevation will be bedrooms with no windows located within the side elevation; their outlook will be to the rear of the site. With the exception of the bedrooms fronting Rhodaus Town itself which will have a corner window, however, in light of the angles involved and the distance of separation any impact upon the privacy of the neighbouring properties is considered to be acceptable. 51. A noise survey has been carried to accompany this application; no objections have been raised to the survey by CCC Environmental Health subject to conditions. Officers are therefore satisfied that proposal will offer an acceptable level of amenity for future occupiers of the building. 52. As part of the application a detailed Management Strategy has been submitted. The Transport Assessment does provide some information stating that a student management company will be responsible for managing the site. This will include distribution of information packs to all students that include details of the site, surrounds and how it is run. Also, student arrival and departures would be managed by allocated time-slots. 53. Taking the above into account the submitted application is considered to have an acceptable impact upon the living conditions of adjoining dwellings. Officers are satisfied that the application accords with policy BE1 of the adopted Local Plan and policy DBE3 of the draft Local Plan. Flooding, drainage and surface water 54. The application site is located within Flood Zone 1, the zone at least risk of flooding. The principle of residential development in this location is therefore considered to be acceptable. 55. The site consists of an area of previously developed land; the applicant is proposing to dispose of surface water to the public sewer. Southern Water have been consulted in relation to this application and have confirmed that initial investigations show that Southern Water have the capacity to dispose of surface water for the proposed development. In terms of the foul water disposal, initial investigations show that additional infrastructure is required in order to serve the development. Subject to the conditions suggested by Southern Water and the Environment Agency any impact is considered to be acceptable. 56. Taking the above into account the impact of the proposal upon flooding and drainage is considered to be acceptable subject to the suggested conditions. Refuse/recycling 57. Refuse collection will be co-ordinated between the three schemes in order to minimise disturbance. The refuse store is located along the north westerly side of the application site and will be accessed by students within the scheme or by the Rhodaus Town entrance with the collections being made from Rhodaus Town itself. The refuse will be collected by a private contractor.

16 Land contamination 58. The application site is located on contaminated land, the applicant has provided a Contaminated Land Desk Top Study. CCC Environmental Health and the Environment Agency have been consulted as part of this application and have raised no objections to the proposal subject to conditions, which should be imposed upon the application if planning permission was to be forthcoming. Community infrastructure 59. The application site has 364 square metres of communal outdoor amenity space to the rear of the site for the use of residents. This equates to 2.37 square metres per bed space, which is higher than the 1.61 square metres allowed per bed space for the adjoining Rhodaus Town Peugeot garage site, which also included a financial open space contribution. In addition to this CCC s Environmental Officer has advised that parks and gardens, amenity open space and semi-natural play be provided. Contributions towards the following projects are sought, which can be secured through a S106 agreement: - Parks and Gardens 24, Dane John Gardens Refurbishment of railings Amenity O/S 51, Dane John Gardens Pathway resurfacing Semi Natural 28, Riverside Walk 60. Subject to securing the contributions set out above, the open space provision is considered to be sufficient; this has been agreed by the applicant. Air Quality 61. In terms of air quality the application site is set back from the main road and the boundary of the Air Quality Management Area (AQMA). CCC Environmental Health considers that additional traffic movements as a result of the proposal are unlikely as the scheme will be car free with the exception of the beginning and end of terms. Consequently, it is considered that there is unlikely to be any impact upon the AQMA and no further assessment work is required. It has, however, been requested that the submission of a Construction Environmental Management Plan be conditioned by virtue of this application if planning permission was to be forthcoming. Concerns have been raised by public consultation in relation to air quality, however, for the reasons set out any impact is considered to be acceptable. 62. It has been advised by Environmental Health Officers that due to the style and age of the buildings, the applicant should have an appropriate asbestos survey and should be removed by suitably qualified person. It has been requested that this be dealt with by condition, however, Officers consider that this is not a planning matter and can be dealt with under separate legislation. Other issues 63. Concerns have also been raised in relation to a lack of management, however, a Student Management Plan has been submitted and Officers are satisfied with its content and it is consistent with the approach of adjoining developments.

17 64. Comments were also made in relation to the buildings adjoining the site being viewed as a precedent, each application submitted to the Local Planning Authority is considered on their own planning merits. Conclusion 65. Taking the above into account the submitted application is considered to be acceptable and accord with the policy framework set out above. It is recommended that planning permission for the proposal be granted subject to the conditions set out in the report and the completion of the s106 agreement.

18 DRAFT CONDITIONS/REASONS FOR DECISION NOTICE Application No: CA/16/00986/FUL Proposal: Proposed erection of a purpose built student accommodation building comprising 153 bedrooms, ancillary gymnasium, cinema room, laundry room, administration/welfare facilities, refuse and recycling facilities, cycle parking, car parking and landscaped open space. Location: 5-5A Rhodaus Town, Canterbury, CT1 2RJ CONDITIONS/REASONS: 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act The development hereby approved shall be carried out in accordance with the submitted drawings: 05 received 29/04/ received 29/04/ received 29/04/ received 29/04/ received 29/04/ received 29/04/ received 29/04/ received 29/04/ received 29/04/ received 29/04/ received 29/04/ Rev P1 received 28/07/ received 29/04/ received 29/04/ RH0/LLP01 received 29/04/2016 REASON: To secure the proper development of the area. 3 Prior to the commencement of the development hereby approved, the applicant, or their agents or successors in title, shall secure the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification, which has been submitted to and approved in writing by the Local Planning Authority. REASON: To ensure that features of archaeological interest are properly examined and recorded in accordance with policy BE16 of the Canterbury District Local Plan 2006 and

19 policy HE11 of the Canterbury District Local Plan Publication Draft 2014 and the National Planning Policy Framework. 4 No development, other than demolition, shall take place until the applicant, or their agents or successors in title, has secured the implementation of: archaeological excavation works in accordance with a specification and written timetable, which shall include the following: which has first been submitted to and approved in writing by the Local Planning Authority; and following on from the excavation, any safeguarding measures to ensure preservation in situ of important archaeological remains and/or further archaeological investigation, post-excavation assessment, analysis, publication or conservation in accordance with a specification and timetable which has been submitted to and approved in writing by the Local Planning Authority. REASON: To ensure that features of archaeological interest are properly examined and recorded in accordance with policy BE16 of the Canterbury District Local Plan 2006, policy HE11 of the Canterbury District Local Plan Publication Draft 2014 and the National Planning Policy Framework. 5 TO BE AMENDED No development shall commence until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1. A preliminary risk assessment which has identified: all previous uses potential contaminants associated with those uses a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

20 REASON: To ensure that the proposed site investigation, remediation and development will not cause harm to human health or pollution of the environment, in accordance with the advice contained within the National Planning Policy Framework. 6 In the event that contamination is found that was not previously identified at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall be undertaken at that time in accordance with a site characterisation report that shall be submitted to and approved in writing by the Local Planning Authority and where remediation is necessary a remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. Prior to the first use of the approved development and following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. REASON: To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with the advice contained within the National Planning Policy Framework. 7 Piling or any other foundation designs/ investigation bore holes using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given to those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the local planning authority. REASON: To prevent harm to human health and pollution of the environment, in accordance with the advice contained within the National Planning Policy Framework. 8 Prior to the commencement of development a drainage strategy detailing the proposed means of foul and surface water disposal and a implementation timetable shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approval given unless otherwise agreed in writing by the local planning authority. REASON: To prevent pollution, in accordance with policy C37 of the Canterbury District Local Plan 2006 and the advice contained within the National Planning Policy Framework. 9 Prior to the commencement of construction works details of the proposed means of foul and surface water sewerage disposal shall be submitted to and approved in writing by the local planning authority. The development shall be undertaken in accordance with the approval given unless otherwise agreed in writing. REASON: To prevent pollution, in accordance with policy C37 of the Canterbury District Local Plan 2006 and the advice contained within the National Planning Policy Framework.