Agenda item

New two storey Special Educational Needs School with associated car parking and landscaping at land south of Kerromoor, Higham Lane, Tonbridge.

For the benefit of the many local residents in attendance it was reported that the proposal was a planning application made by Kent County Council and, in accordance with regulations, would be decided by the County Council itself. Tonbridge and Malling Borough Council was a consultee only.

The report of the Director of Planning, Housing and Environmental Health concluded that in considering applications in the Green Belt, and particularly in larger scale proposals, Kent County Council must address three key factors; whether inappropriate development was involved; whether there were very special circumstances to be taken into account; and whether these very special circumstances were of sufficient weight to overcome the harm arising from the proposal.

After careful consideration, it was

RESOLVED:  That Kent County Council be advised that Tonbridge and Malling Borough Council raised objections on the following grounds:

(1)   Whilst Tonbridge and Malling BC recognised that the replacement and reinforcement of the beneficial educational facilities at the existing school merited support, the Borough Council did not consider that the proposed development of this site accorded with the requirements of the National Planning Policy Framework (2012).  The proposal constituted inappropriate development within the Metropolitan Green Belt where there is a strong presumption against permitting such development unless very special circumstances exist sufficient to outweigh the degree of harm to the Green Belt. In this instance, the Borough Council did not consider that the applicant had clearly demonstrated that very special circumstances exist which outweighed the degree of harm that would be caused to the open nature and function of the Metropolitan Green Belt that would arise as a result of developing this site in the manner proposed. Furthermore, the proposed development would result in harmful urban encroachment into the open countryside which is characteristically rural in nature, contrary to policy CP14 of the Tonbridge and Malling Borough Core Strategy 2007.  The proposed development would also result in the loss of Grade 2 agricultural land and is therefore contrary to paragraph 112 of the National Planning Policy Framework (2012) and policy CP9 of the Tonbridge and Malling Borough Core Strategy 2007. 

(2)   Given TMBC’s objection to the proposed development of this site, Kent County Council must be satisfied that there is a strategic need for the proposed development in this location and on this particular site (as opposed to other sites considered in the alternative sites study submitted by the applicant or other sites considered by KCC as planning authority) if the application is to be approved, and that any resulting impacts by way of traffic generation and potential environmental issues are adequately assessed where necessary. TMBC is concerned that these assessments have not been satisfactorily executed to demonstrate that the local road network, in terms of its poor visibility, junction capacity, road widths, lack of footpaths and vulnerability to frequent flooding, is adequate to deal with the amounts of traffic that would be generated by the proposed school. In the absence of demonstration that the development can be carried-out without severe adverse traffic impacts the proposal must be considered to be contrary to paragraph 32 of NPPF and policy SQ8 of the Managing Development DPD.

(3)   In the event that Kent County Council reach the view that very special circumstances do exist that outweigh the degree of harm caused to the Metropolitan Green Belt and to local amenity in this locality and on this site and if the scheme is found to be acceptable in all other respects, KCC should:

-        Be satisfied that traffic impacts on the local highway network would not be assessed as severe and thus are able to meet the tests set out in the National Planning Policy Framework (2012);-

-        Have due regard to any representations received from Natural England and Kent Wildlife Trust. Appropriate measures should be taken to ensure the recommendations set out in the submitted Ecological Appraisal are fully integrated into any detailed landscaping scheme and that local biodiversity is afforded suitable protection as part of an ongoing scheme of management.

-        Seek the retention of the important hedgerows (as far as this is possible) and trees on the site frontage and include adequate provision to protect the trees, including their roots, during and after construction;  

-        Have consideration for the control of external lighting operation hours to minimise impact on the Green Belt and residential amenity;

-        Require full details of how the school would be managed during school events (both during school times and out of hours) and how the school is intended to be used by community groups, including a scheme for managing such use in the interests of residential amenity;

-        Require full details of the proposed acoustic fencing, including details of its precise location, extent, height and design in the interests of residential and visual amenity.

-        Require a full assessment of foul and surface water disposal.

(4)   TMBC would also take the opportunity to remind KCC of the requirement to refer the planning application to the Secretary of State for Communities and Local Government in accordance with the Town and Country Planning (Consultation) (England) Direction 2009 in the event the County Council resolves to approve the scheme.

(Councillor Ms Atkinson informed the Committee that she had abstained from voting and participating in the debate as her grandson was a pupil at the school. )