3. Spatial portrait

PC/1

Paragraph 3.5

Amend “two” local nature reserves to “three” local nature reserves

To factually update the Plan.

4. Spatial Strategy

PC/2

Policy SS1 Maidstone Borough spatial strategy, Table4.4

Amend paragraph 4.8 and Table 4.4 as follows;

4.8 Part of the office, industry and warehousing floorspace provision have been can be met through the occupation of vacant buildings and land, redevelopment and planning permissions granted since 2011-14.

Table 4.4 Net floorspace requirement for offices, industry and warehousing

To correct a drafting error.

PC/3

Policy SS1 Maidstone Borough spatial strategy

Amend Policy SS1 criterion 11 to read “Supporting infrastructure will be brought forward in a timely way to Infrastructure schemes that provide for the needs arising from development will be supported.  New residential and commercial development will be supported if sufficient infrastructure capacity is either available or can be provided in time to serve it.” 

Amend paragraph 4.14 to read “Rural service centres have constraints to development.  All the rural service centres sit within landscape which is in good condition and has high landscape sensitivity with the exception of the Harrietsham to Lenham Vale.  The location of Lenham and Harrietsham within the setting of the Kent Downs Area of Outstanding Natural Beauty makes this an area sensitive to change.  Headcorn is surrounded on three sides by the functional floodplain of the River Beult and its tributaries and additional capacity will be required in the sewer network and may be required at the wastewater treatment works in the period to 2031. has limitations in respect of sewer and sewerage treatment capacity.”

To ensure the policy and supporting text makes clear that the planning authority cannot bring forward infrastructure alone, and to ensure that the text is factually correct.

5. Spatial policies

PC/4

Policy SP1 Maidstone urban area

Additional criterion at (3) to read: “Improvements to health infrastructure including extensions and/or improvements at Barming Medical Practice, Blackthorn Medical Centre, Aylesford Medical Centre and Allington Park or Allington Clinic”

To reflect updated IDP requirements

PC/5

Policy SP1 Maidstone urban area

Amend urban boundary in Sutton Street area to define a more logical urban boundary as shown in the plan at the end of this document.

For clarity and to define a logical urban boundary.

PC/6

Policy SP2 Maidstone urban area: north west strategic development location

Additional criterion at (3) (v) to read: “Improvements to health infrastructure including extensions and/or improvements at Brewer Street Surgery, Bower Mount Medical Centre, The Vine Medical Centre, New Grove Green Medical Centre, Bearsted Medical Practice  and Boughton Lane Surgery”

To reflect updated IDP requirements

PC/7

Policy SP3 Maidstone urban area: south east strategic development location

Additional criterion at (3) to read: “Improvements to health infrastructure including extensions and/or improvements at The Mote Medical Practice, Orchard Medical Centre, Wallis Avenue Surgery and Grove Park Surgery”

To reflect updated IDP requirements

PC/8

Policy SP3 Maidstone urban area: south east strategic development location

Amend criterion (3) (ii) to read: “New two form entry primary schools on sites H1 (5) and H1 (10) and the expansion of Greenfields Community Primary School.”

To reflect updated IDP requirements

PC/9

Policy SP5 Rural service centres, Paragraph 5.47

Amend para 5.47 , first sentence, to read: “The Water Cycle Study indicates that a number of the rural service centre catchment areas have at least some known problems with surface water which have a subsequent impact on the sewerage network and sewer flooding . It is therefore important that surface water run-off from…”

To add clarity and accuracy to the Plan.

PC/10

Policy SP5 Rural service centres

Amend criterion 1 (i) to read: “An allocated site or broad location in the local plan”.

To add clarity and accuracy to the Plan.

PC/11

Policy SP6 Harrietsham Rural Service Centre

Additional criterion at (3) to read: “Improvements to health infrastructure including extension and/or improvements at Glebe Medical Centre.”

To reflect updated IDP requirements

PC/12

Policy SP7 Headcorn Rural Service Centre

Additional criterion at (4) to read: “Improvements to health infrastructure including extension and/or improvements at Headcorn Surgery.”

To reflect updated IDP requirements

PC/13

Policy SP8 Lenham Rural Service Centre

Additional criterion at (4) to read: “Improvements to health infrastructure including extension and/or improvements at The Len Valley Practice.”

To reflect updated IDP requirements

PC/14

Policy SP9 Marden Rural Service Centre

Additional criterion at (4) to read: “Improvements to health infrastructure including extension and/or improvements at Marden Medical Centre.”

To reflect updated IDP requirements

PC/15

Policy SP9 Marden Rural Service Centre

Amend site allocation plan to show: Existing economic development area in the NE of Marden extended to the east and a small square to the north west of the site. The Marden Settlement boundary is also  changed to encompass the expansion as shown in the plan at the end of this document.

To correct a drafting error.

PC/16

Policy SP10 Staplehurst Rural Service Centre

Additional criterion at (4) to read: “Improvements to health infrastructure including extension and/or improvements at Staplehurst Medical Centre.”

To reflect updated IDP requirements

PC/17

Policy SP13 Coxheath Larger Village

Additional criterion at (3) to read: “Improvements to health infrastructure including extension and/or improvements at Orchard Medical Centre and Stockett Lane Surgery.”

To reflect updated IDP requirements

PC/18

Policies SP7, SP8, SP9, SP10 and SP13

Amend the key for the settlement maps for Headcorn (SP7), Lenham (SP8), Marden (SP9), Staplehurst (SP10) and Coxheath (SP13) as follows: Local District Retail Centre

To correct a drafting error.

PC/19

Policy SP15 Sutton Valence Larger Village

Additional criterion (3) to read: “Key infrastructure requirements for Sutton Valence include: (i) Improvements to health infrastructure including extension and/or improvements at Sutton Valence Surgery and Cobtree Medical Practice.”

To reflect updated IDP requirements

PC/20

Policy SP16 Yalding Larger Village

Combine criteria 2 and 3, as per other SP policies and include health infrastructure criterion so that the policy reads as below: “Key infrastructure requirements for Yalding include:

(i)                  Improvements to highway and transportation infrastructure will be made in accordance with individual site criteria set out in policies H1 (67) and RMX1 (4). Key schemes include junction improvements, a variety of measures to improve sustainable transport infrastructure, and improvements to pedestrian access.

(ii)                Improvements to health infrastructure including extension and/or improvements at Yalding GP Practice.

(iii)               A minimum of 4.4 hectares of publically accessible open space will be provided.”

To reflect updated IDP requirements and provide a consistent format across the SP policies.

PC/21

Policy SP16 Yalding Larger Village

Key to SP16 Yalding Map – add “Local Retail Centre” to legend

To correct a drafting error.

6. Housing site allocations

PC/22

Policy H1 Housing site allocations

Insert a new clause in criterion 1 to read: “iii. Development proposals will be required to provide a connection to the local sewage system at the nearest point of adequate capacity to the development site in collaboration with the service provider.”  

Re-number remaining criteria accordingly

To reflect the service providers requirements.

7. Detailed site allocations policies for housing

PC/23

Policy H1(2) East of Hermitage Lane, Maidstone

Delete Policy H1(2) criterion 14

“14. Maintenance of the open character between Allington in Maidstone Borough and the Medway Gap settlements in Tonbridge and Malling Borough.”

The criterion purports to control land outside of the application site and Borough boundary. This criterion has no bearing on securing appropriate development on the site itself.

PC/24

Policy H1(4) Oakapple Lane, Barming

Delete Policy H1(4) criterion 6

“6. Creation of habitat corridor will be required along the northern boundary of the field (of which this allocation occupies the south eastern portion), between Fullingpits Wood and Oaken Wood.”

The criterion seeks to provide a habitat corridor on land outside of the site and Borough boundary. Criterion 3 would secure the equivalent within the site and Borough boundary.

PC/25

Policy H1(8) West of Church Road, Otham

Additional Policy H1(8) criterion to read: “Community infrastructure - Contributions will be provided towards the expansion of Greenfields Community Primary School to mitigate the impact of the development on primary school infrastructure.”

To reflect updated IDP requirements

PC/26

Policy H1(23) North Street, Barming

Delete Policy H1(23) criterion 5

“5. Provision of approximately 0.77ha of open space within the site, together with additional on/off-site provision and/or contributions towards off-site provision/improvements as required in accordance with policy DM22.”

This amount of open space cannot be provided within the site and an off-site contribution  would be appropriate in this case, which would be covered by policy DM22.

PC/27

Policy H1(29) New Line Learning, Boughton Lane, Maidstone

Amend Policy H1(29) criterion 3 to read: ‘Access will be taken from Boughton Lane from the western/north western boundary of the site only.’

Amend ‘Access’ criterion to include additional criterion to read, ‘Emergency access only shall be taken from Boughton Lane on the south boundary of the site.’’

Amend ‘Access’ criterion to include additional criterion to read: ‘Provision of a dedicated pedestrian and cycle route along the south and west sides of the site connecting with the existing footway at the southern school exit to the north.’

Amend criterion 5 to read: ‘Provision of a safe pedestrian/cycle  access will be made to footpath KM98 on the southern boundary of the site crossing point on the southern boundary of the site to link to public footpath KM98 and/or to link to site H1(53)Boughton Lane, Boughton Monchelsea and Loose to the south to provide access to public footpath KM98.

These changes will reduce the potential for pedestrian/cycle conflicts with vehicles, along the section of Boughton Lane which  an appeal Inspector and the Secretary of State considered  to bedangerous in its present state (see APP/U2235/A/14/2227839). This will provide a crossing point at a suitable location to provide a safe crossing to link to public footpath KM98, considered a pedestrian desire line for future occupants by the appeal Inspector.

PC/28

Policy H1(29) New Line Learning, Boughton Lane, Maidstone

Amend Policy H1(29) ‘Strategic highways and transportation’ criterion to include additional criterion to read: ‘Improvements to capacity at the A229/A274 Wheatsheaf junction.”

These changes will ensure improvement to  the identified junction to mitigate the impact of the development.

PC/29

Policy H1(29) New Line Learning, Boughton Lane, Maidstone

Amend Policy H1(29) introduction text amended to read: ‘New Line Learning, as shown on the policies map, is allocated for development of approximately 180 220 dwellings at an average density of 28.5 35 dwellings per hectare. In addition to the requirements of policy H1, planning permission will be granted if the following criteria are met.’

Amend criterion 1 to read: ‘The character of this development will be Development proposals will be of a high standard providing a spacious development complementary to its semi-rural location at the edge of the urban area.’

Following the Inspector’s comments regarding the anonymity and overall design and spaciousness of the development a reduced yield and revised criterion will ensure a more spacious layout and enable the provision of a higher quality design to overcome the reason for dismissal.

PC/30

Policy H1(30) West of Eclipse, Maidstone

On the allocations plan (P33 of Appendix F) it is clear that the site cannot physically be accessed from Bearsted Road, and that it is Sittingbourne Road that is the only viable access.  Amend criterion 4 to read “Access 4. Access will be taken from Sittingbourne Road only”.

Amend site address in policy: ‘Old Sittingbourne Road’, to ‘Sittingbourne Road’.

Access is not achievable from Bearsted Road and to  correct a drafting error

PC/31

Policy H1(37) Ulcombe Rd & Millbank, Headcorn

Amend Policy H1(37) criterion 3 to read: ‘Primary access will be taken from Ulcombe Road either Kings Road or Mill Bank.’

Primary access is not achievable from Kings Rd or Mill Bank and an application for planning permission has been approved with access from Ulcombe Rd with no highway objections raised.

PC/32

Policy H1(37) Ulcombe Rd & Millbank, Headcorn

Amend Policy H1(37) to add additional criterion under ‘Access’ to read: ‘Emergency/pedestrian and cycle access will be taken from Kings Road.’

Amend site plan at the end of this document to include emergency/pedestrian and cycle access to be taken from Kings Road.

To provide more sustainable links to the settlement and reflect the approved planning application.

PC/33

Policy H1(37) Ulcombe Rd & Millbank, Headcorn

Amend Policy H1(37) to add additional criterion under ‘Community Infrastructure’ heading to read: ‘Sufficient land shall be provided to allow expansion of Headcorn Primary School and transferred to the Local Education Authority (Kent County Council) for primary education use, the details of which will be agreed with the local education authority.’

To provide sufficient land to allow the primary school to expand to meet the primary education needs of development sites and to reflect the approved planning application.

PC/34

Policy H1(53) Boughton Lane, Boughton Monchelsea and Loose

Amend Policy H1(53) ‘Access’ criterion to include additional criterion to read: ‘Provision of a pedestrian and cycle route within the open space area to provide a link from site H1(54) Boughton Mount, Boughton Lane, Boughton Monchelsea to the east, to link with a pedestrian crossing point to site to H1(29) New Line Learning, Boughton Lane, Maidstone to the north, and to provide access to public footpath KM98.’

To ensure a safe route through the site and link with neighbouring developments to prevent pedestrian and vehicle movements on Boughton Lane.

PC/35

Policy H1(53) Boughton Lane, Boughton Monchelsea and Loose

Amend Policy H1(53) ‘Strategic highways and transportation’ criterion to include additional criterion to read: “Improvements to capacity at the A229/A274 Wheatsheaf junction.”

To ensure improvement to  the identified junction to mitigate the impact of the development.

PC/36

Policy H1(54) Boughton Mount, Boughton Lane, Boughton Monchelsea

Amend Policy H1(54) ‘Strategic highways and transportation’ criterion to include additional criterion to read, “Improvements to capacity at the A229/A274 Wheatsheaf junction.”

To ensure improvement to  the identified junction to mitigate the impact of the development.

PC/37

Policy H1(65) Adjacent to The Windmill PH, Eyhorne Street, Hollingbourne

Amend site area to exclude  third party land as shown in the plan at the end of this document.

To correct a drafting error and exclude third party land which is not known to be available for development.

10. Detailed policies for broad locations for housing growth

PC/38

Policy H2(2) Invicta Park Barracks

Amend criterion 3 of Policy H2(2) to read “Ensuring requisite community facilities, which may include neighbourhood shopping and health and education facilities, and the provision of land for a primary school, are delivered where proven necessary and in conjunction with housing; “

To reflect updated IDP requirements

PC/39

Policy H2(3) Lenham

Amend criterion 5 of Policy H2(3) to read “ provision of land for a primary school and provision of, or contributions towards, other community infrastructure (e.g. medical facilities, youth facilities) where proven necessary, to be delivered in conjunction with housing ”

To reflect updated IPD requirements

14. Detailed site allocation policies for retail and mixed use

PC/40

Policy RMX1(1) Newnham Park, Bearsted Road, Maidstone

Amend criterion 3 to read: “creation of a parkland woodland nature reserve of approximately 3 hectares on land to the south east of the site as shown on the policies map and through a legal agreement transferred to a Trust secured through a legal agreement.”

To be consistent with the terms of the s106 legal agreement for the Maidstone Medical Campus.

PC/41

Policy RMX1(1) Newnham Park, Bearsted Road, Maidstone

Amend criterion 5(i) to read “the provision of new structural and internal landscaping to be phased in advance of development to accord with an approved Landscape and Ecological Management Plan for the site.”

To align policy with the terms in the S106 agreement executed for the Maidstone Medical Campus planning consent (MA/13/1163).

PC/42

Policy RMX1(1) Newnham Park, Bearsted Road, Maidstone

Amend criterion 8 to read “… no significant adverse impact on town, district  and local centres including those in adjoining boroughs”

To add clarity and accuracy to the Plan.

PC/43

Policy RMX1(1) Newnham Park, Bearsted Road, Maidstone

Amend criterion 11 to read “submission of a full landscape assessment which includes assessment of the impact of the development on views to and from the Kent Downs AONB”

To add clarity and accuracy to the Plan.

PC/44

Policy RMX1(1) Newnham Park, Bearsted Road, Maidstone

Amend criterion 12 to read “Vehicular access to the site from the New Cut roundabout with bus and emergency access from the A249 Sittingbourne Road if required”

To add clarity and accuracy to the Plan.

PC/45

Policy RMX1(1) Newnham Park, Bearsted Road, Maidstone

Amend the site plan for Policy RMX1(1) to show extent of the Woodland Nature Reserve as shown in the plan at the end of this document.

To add clarity and accuracy to the Plan.

16. Detailed site allocations for employment

PC/46

Policy EMP1(5) Woodcut Farm, Ashford Road, Bearsted

Amend the site plan for Policy EMP1(5) to exclude the farm buildings from the landscape area as shown in the plan at the end of this document.

To add clarity and accuracy to the Plan.

17. Development management policies for Maidstone Borough

PC/47

Policy DM1 Principles of good design

Amend criterion iv to read: “Respect the amenities of occupiers of neighbouring properties and uses and provide adequate residential amenities for future occupiers of the development by ensuring that development does not result in, or is exposed to, excessive noise, vibration, odour, air pollution, activity or vehicular movement, overlooking or visual intrusion, and the built form would not result in unacceptable loss of privacy or light enjoyed by the occupiers of nearby properties”.

To add clarity and accuracy to the Plan.

PC/48

Policy DM3 Historic and Natural environment

Amend Policy DM3 criterion 1(ii) to read: “Avoid damage to and inappropriate development considered likely to have significant direct or indirect adverse effects on:”

To add clarity and accuracy to the Plan.

PC/49

Policy DM3 Historic and Natural environment

Amend Policy DM3 criterion 5 to read: “Development proposals will not be permitted where they lead to adverse impacts on natural and heritage assets for which mitigation measures or, as a last resort, compensation appropriate to the scale and nature of the impact cannot be achieved.

When significant harm cannot be avoided through consideration of alternative sites or adequate mitigation provided on-site or within the immediate locality, compensatory measures will be achieved within the relevant Biodiversity Opportunity Area, or other location as agreed by the Local Planning Authority.

Add criterion 6 to read:

Development proposals will give weight to the protection of the following designated sites for biodiversity, as shown on the Policies Map, which will be equal to the significance of their biodiversity/geological status, their contribution to wider ecological networks and the protection/recovery of priority species as follows:

i)                    For internationally designated sites (including candidate sites), the highest level of protection will apply. The council  will ensure that plans and projects proceed only when in accordance with relevant Directives, Conventions and Regulations. When the proposed development will have an adverse effect on the integrity of a European site, planning permission will only be granted in exceptional circumstances, where there are no less ecologically damaging alternatives, there are imperative reasons of overriding public interest and damage can be fully compensated.

ii)                   For nationally designated sites (including candidate sites), development will only be permitted where it is not likely to have an adverse effect on the designated site or its interests (either individually or in combination with other developments) unless the benefits of the development at this site clearly outweigh both the impacts that it is likely to have on the features of the designated site that make it of national importance and any broader impacts on the national network of Sites of Special Scientific Interest. Where damage to a nationally designated site cannot be avoided or mitigated, compensatory measures will be sought. Development will also accord with and support the conservation objectives of any biodiversity site management plans;

iii)                 For locally designated sites (including draft published sites), development likely to have an adverse effect will be permitted only where the damage can be avoided or adequately mitigated or when its need outweighs the biodiversity interest of the site. Compensation will be sought for loss or damage to locally designated sites.”

To reflect objection from Natural England requiring policy to be refined and to take account of NPPF Paragraph 113.

PC/50

Policy DM7 External Lighting

Amend Policy DM7 criterion 2 to read: “Lighting proposals that are within, neighbour or are near enough to significantly affect areas of nature conservation importance, e.g. Sites of Special Scientific Interest, National Nature Reserves and Country Wildlife Sites will only be permitted in exceptional circumstances.”

To improve the accuracy of the Plan add clarity and accuracy to the and to reflect Kent Downs AONB guidance.

PC/51

Policy DM16 Gypsy, Traveller and Travelling Showpeople  accommodation

Amend criterion 2 to read: “….would not result in inappropriate harm to the landscape and rural character….”

To correct a drafting error.

PC/52

Policy DM23 Community Facilities

Amend Policy DM23 criterion 1 to read: “Residential development which would generate a need for new community facilities, or for which spare capacity in such facilities does not exist, will not be permitted unless the provision of new, extended or improved facilities (or a contribution towards such provision) is secured as appropriate by planning conditions, or through legal agreement or through the Community Infrastructure Levy. unless the specific facilities are identified for delivery through the Community Infrastructure Levy”.

To add clarity and accuracy to the Plan.

PC/53

Policy DM24 Sustainable transport, paragraph 17.126

Amend paragraph 17.126 to read: “….at the first review of the local plan (which will commence in by 2022).”

To factually update the Plan

PC/54

Policy DM24 Sustainable transport

Amend criteria 1 to read:

“1. Working in partnership with Kent County Council (the local highway authority), Highways England, infrastructure providers and public transport operators, the Borough Council will support schemes for mitigating the impact of development where appropriate on the local and Strategic Road Network and facilitate the delivery of transport improvements to support the growth proposed by the local plan. An Integrated Transport Strategy, prepared by the council and its partners, will have the aim of facilitating economic prosperity and improving accessibility across the borough and to Maidstone town centre, in order to promote the town as a regionally important transport hub.”

To add clarity and accuracy to the Plan.

PC/55

Policy DM28 Renewable and low carbon schemes

Amend criterion 2 to read: “The landscape and visual impact of development, with particular regard to any impact on, or the setting of  the Kent Downs AONB or its setting or the setting of the High Weald AONB.”

To correct a drafting error.

20. Delivery Framework

PC/56

Policy ID1 Infrastructure Delivery

Amend Policy ID1 (2) third sentence to read: “Dedicated Planning Agreements (S.106 of the Town and Country Planning Act, 1990) will be used to provide the a range of site specific facilities mitigation, in accordance with the S106 tests, which will normally be provided on-site but may where appropriate be provided in an off-site location or via an in-lieu financial contribution.

To clarify that section 106 planning obligations will only be used where requirements meet the strict legal tests.

PC/57

Policy ID1 Infrastructure Delivery

Delete Policy ID1 (4) and accompanying text at para 20.7

“20.7 Where there are competing demands for contributions towards the delivery of infrastructure, secured through section 106 legal agreements, the council will prioritise these demands in the manner listed below:

Infrastructure priorities for residential development:

1.       Affordable housing

2.       Transport

3.       Open Space

4.       Public realm

5.       Health

6.       Education

7.       Social services

8.       Utilities

9.       Libraries

10.   Emergency services

11.   Flood defence

Infrastructure priorities for business and retail development:

1.       Transport

2.       Public realm

3.       Open space

4.       Education

5.       Utilities

6.       Flood defences”

“4. Where there are competing demands for contributions towards the delivery of infrastructure, secured through section 106 legal agreements, the council will prioritise these demands in the manner listed below:

Infrastructure priorities for residential development:

12.   Affordable housing

13.   Transport

14.   Open Space

15.   Public realm

16.   Health

17.   Education

18.   Social services

19.   Utilities

20.   Libraries

21.   Emergency services

22.   Flood defence

Infrastructure priorities for business and retail development:

7.       Transport

8.       Public realm

9.       Open space

10.   Education

11.   Utilities

12.   Flood defences”

No evidence has been provided to justify the policy.

PC/58

Policy ID1 Infrastructure Delivery

Additional criterion to read: “Infrastructure schemes that are brought forward by service providers will be encouraged and supported, where they are in accordance with other policies in the local plan. New residential and commercial development will be supported if sufficient infrastructure capacity is either available or can be provided in time to serve it. Development proposals will be required to provide a connection to the local sewage system at the nearest point of adequate capacity to the development site in collaboration with the service provider”

To ensure that the policy proactively supports the delivery of infrastructure schemes by service providers, and to avoid inappropriate connections to the sewerage network as a result of new development.  

21. Monitoring and Review

PC/59

Paragraph 21.30

Amend paragraph 21.30 to read: “…in a timely manner and a review of the Local Plan will commence in by 2022.”

To factually update the plan.