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i Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A STRUCK THROUGH LINE. AS MORE OF THE LDF REPLACES THE 2000 LOCAL PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL CONTEXT OF THE POLICIES CAN STILL BE SEEN. FOREWORD This Local Plan has been prepared under the guidance of a small group of Councillors representing all political parties on the Council. It has now been adopted by the Council as a whole and sets out planning policies and proposals for protecting the environment and new development in the Borough of Maidstone until 2006. Its adoption follows a lengthy period of consultations and we would like to thank all those (Parish Councils, individual residents, local interest groups, landowners, developers and others) who have contributed through their representations during the consultation process. In preparing the Local Plan the Council has tried to strike a balance between protecting and improving the environment, whilst making provision for necessary development and encouraging a healthy economy. Whilst the Plan will not satisfy everyone, as different people have different interests, it sets the framework for development in the ‘public interest’. The Plan provides a statutory basis for planning decisions and the Council must determine planning applications in accordance with its provisions unless material factors indicate otherwise. The recent publication of Government advice that greenfield sites should be developed only if there is insufficient previously developed land to meet housing requirements, is a factor that the Council will need to take into account. Although the Plan has been prepared in accordance with this general principle, there is a need to reconsider in detail the ability of existing built-up areas to accommodate additional housing, particularly in the light of Government’s encouragement of higher housing densities. Consequently, the Borough Council is arranging for an urban capacity study to be carried out as a matter of urgency in order to review the housing allocations in the Plan. This study will also contribute towards a full review of the Local Plan allocations, rolling proposals forward as far as 2016. Cllr M Robertson Cllr Mrs P A Stockell Chairman and Liberal Democrats Group Spokesperson Immediate Past Conservative Group Spokesperson Cllr J Morrison Cllr Mrs P E Marshall Labour Group Spokesperson Independent Group Spokesperson

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Page 1: FOREWORD - Borough of Maidstone...H35 Temporary Accommodation for Agricultural Workers 84 H36 Accommodation for Gypsies 85 H37 Provision of Open Playing Space 86 Chapter 5. Economic

i Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved

PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A STRUCK THROUGH LINE. AS MORE OF THE LDF REPLACES THE 2000 LOCAL PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL CONTEXT OF THE POLICIES CAN STILL BE SEEN.

FOREWORD This Local Plan has been prepared under the guidance of a small group of Councillors representing all political parties on the Council. It has now been adopted by the Council as a whole and sets out planning policies and proposals for protecting the environment and new development in the Borough of Maidstone until 2006. Its adoption follows a lengthy period of consultations and we would like to thank all those (Parish Councils, individual residents, local interest groups, landowners, developers and others) who have contributed through their representations during the consultation process. In preparing the Local Plan the Council has tried to strike a balance between protecting and improving the environment, whilst making provision for necessary development and encouraging a healthy economy. Whilst the Plan will not satisfy everyone, as different people have different interests, it sets the framework for development in the ‘public interest’. The Plan provides a statutory basis for planning decisions and the Council must determine planning applications in accordance with its provisions unless material factors indicate otherwise. The recent publication of Government advice that greenfield sites should be developed only if there is insufficient previously developed land to meet housing requirements, is a factor that the Council will need to take into account. Although the Plan has been prepared in accordance with this general principle, there is a need to reconsider in detail the ability of existing built-up areas to accommodate additional housing, particularly in the light of Government’s encouragement of higher housing densities. Consequently, the Borough Council is arranging for an urban capacity study to be carried out as a matter of urgency in order to review the housing allocations in the Plan. This study will also contribute towards a full review of the Local Plan allocations, rolling proposals forward as far as 2016.

Cllr M Robertson Cllr Mrs P A Stockell Chairman and Liberal Democrats Group Spokesperson

Immediate Past Conservative Group Spokesperson

Cllr J Morrison Cllr Mrs P E Marshall Labour Group Spokesperson Independent Group Spokesperson

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Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved iii

PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A STRUCK THROUGH LINE. AS MORE OF THE LDF REPLACES THE 2000 LOCAL PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL CONTEXT OF THE POLICIES CAN STILL BE SEEN. THE SCHEDULE OF POLICIES HAS BEEN AMENDED IN THIS MANNER TO SHOW WHICH POLICIES HAVE BEEN DELETED.

CONTENTS

Chapter Topic Page

1. Introduction 1

2. Strategic Objectives 5

3. Environment 9

4. Housing 47

5. Economic Development and Tourism 89

6. Transportation 119

7. Retailing 143

8. Community Facilities 167

9. Maidstone Town Centre 179

Appendix Topic

1. Conservation Areas 189

2. Scheduled Ancient Monuments 191

3. Parks and Gardens of Historic Interest 193

4. Sites of Special Scientific Interest 195

5. Sites of Nature Conservation Interest 197

6. Roadside Verges of Nature Conservation Interest 199

7. Glossary of Retailing Terms 201

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iv Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved

SCHEDULE OF POLICIES

Chapter 3. Environment

Number Title Page

ENV1 Pollution (Air, Land and Water) 12

ENV2 Achieving Quality in New Development 12

ENV3 Planning Out Crime 13

ENV4 Noise 13

ENV5 Protection of Trees 14

ENV6 Landscaping, Surfacing and Boundary Treatment 15

ENV7 Riverside Zone of Special Townscape Importance 15

ENV8 Advertising and Retail Frontage 16

ENV9 Alterations and Extensions to Listed Buildings 17

ENV10 Demolition of Listed Buildings 17

ENV11 Changing the Use of Listed Buildings 17

ENV12 Setting of Listed Buildings 18

ENV13 Development in Conservation Areas 18

ENV14 Demolition of Unlisted Buildings in Conservation Areas 19

ENV15 Maintenance of the Appearance of Conservation Areas 19

ENV16 Archaeological Remains of National Importance 19

ENV17 Important Archaeological Sites 20

ENV18 Land with Archaeological Potential 20

ENV19 Parks and Gardens of Special Historic Interest 21

ENV20 Important Historic Parks and Gardens 21

ENV21 Strategic Transportation Corridors 21

ENV22 Urban Open Space 22

ENV23 Loss of Open Space and Recreation Facilities 23

ENV24 Site Specific Public Open Space Allocations 24

ENV25 Allotments 25

ENV26 Development Affecting Public Footpaths and Public Rights of Way 25

ENV27 New Footpath, Cycleway and Bridleway Proposals 25

ENV28 Development in the Countryside 27

ENV29 Best and Most Versatile Agricultural Land 28

ENV30 Metropolitan Green Belt 28

ENV31 Strategic Gap 29

ENV32 Southern Anti-Coalescence Belt 29

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ENV33 Kent Downs Area of Outstanding Natural Beauty 29

ENV34 Special Landscape Areas 30

ENV35 Areas of Local Landscape Importance 32

ENV36 Rural Lanes 33

ENV37 River Corridors 33

ENV38 Sites of Special Scientific Interest 34

ENV39 Sites of Nature Conservation Interest and Local Nature Reserves 34

ENV40 Nature Conservation 34

ENV41 Ponds, Wetlands and Marshlands 35

ENV42 Roadside Verges 36

ENV43 Agricultural Buildings 36

ENV44 Conversion of Rural Buildings for Commercial, Industrial,

Recreation and Tourism Purposes

37

ENV45 Conversion of Rural Buildings for Residential Purposes 38

ENV46 Equestrian Development 40

ENV47 Golf Courses 41

ENV48 Telecommunications 41

ENV49 External Lighting 42

ENV50 Protection of the Flood Plain 43

ENV51 Surface Water Run-Off 43

ENV52 Contaminated Land 44

Chapter 4. Housing

Number Title Page

H1 Housing Land Allocations 52

H2 Kent Garden Centre, London Road, Allington 54

H3 North of Sutton Road, Maidstone/Otham 55

H4 Furfield Quarry, Brishing Lane, Boughton Monchelsea 57

H5 Pested Bars Road, Boughton Monchelsea 58

H6 Oakwood Hospital, Queens Road, Maidstone 59

H7 North of Marden Road, Staplehurst 60

H8 Langley Park Farm West, Boughton Monchelsea/Langley 62

H9 Beaconsfield Road/Eccleston Road/Wharf Road, Tovil 63

H10 Hart Street, Lockmeadow, Maidstone 64

H11 Hook Lane, Harrietsham 65

H12 East of Hermitage Lane, Maidstone 67

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H13 Bridge Nursery, Maidstone 69

H14 Hayle Place, Tovil 69

H15 West of Royal Engineers’ Road, Maidstone 70

H16 Oliver Road, Staplehurst 71

H17 Changes of Use from Housing 71

H18 Extensions to Residential Properties 72

H19 Backland or Tandem Development 72

H20 Housing in Built Up Areas 73

H21 Self-Contained Flats 74

H22 Houses in Multiple Occupation 74

H23 Conversions to Residential 75

H24 Affordable Housing 76

H25 Sheltered Accommodation 77

H26 Nursing and Residential Care Homes 77

H27 Rural Settlements (Minor Development) 78

H28 Rural Settlements (Allocations) 79

H29 Housing Outside of Built-Up Areas 80

H30 Local Needs Housing in Rural Areas 81

H31 Change of Use from Agriculture to Domestic Garden 82

H32 Replacement Dwellings in the Countryside 82

H33 Extensions to Dwellings in the Countryside 82

H34 Agricultural Dwellings 83

H35 Temporary Accommodation for Agricultural Workers 84

H36 Accommodation for Gypsies 85

H37 Provision of Open Playing Space 86

Chapter 5. Economic Development and Tourism

Number Title Page

ED1 Allocations of Employment Land 94

ED2 Retention of Employment Sites 95

ED3 Economic Development Outside of Designated Areas 96

ED4 Land Adjoining the Hilton Hotel, Sittingbourne Road 97

ED5 St. Michael’s Close, near Aylesford 98

ED6 West of Pattenden Lane, Marden 98

ED7 Lockmeadow 100

ED8 Maidstone East Railway Station 101

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ED9 Storage and Distribution Uses 101

ED10 Businesses in Residential Areas 102

ED11 Zeneca Works, Yalding 103

ED12 Detling Airfield Industrial Estate 104

ED13 Brake Bros, Rose Lane, Lenham Heath 105

ED14 Lenham Storage, Ham Lane, Lenham 105

ED15 Marley Works, Lenham 106

ED16 Open Storage of Private Caravans 107

ED17 Serviced and Self-Catering Tourist Accommodation 108

ED18 Town Centre Hotel Sites 109

ED19 Loss of Tourist Accommodation 109

ED20 Holiday Caravan and Camping Sites 110

ED21 Conference or Exhibition Centre 111

ED22 Tourist Attractions 112

ED23 Museum of Kent Life, Cobtree 113

ED24 New or Extended Tourist Attractions 113

ED25 Mooring Facilities 114

ED26 Detling Showground 116

Chapter 6. Transportation

Number Title Page

T1 Integrated Transport Strategy 122

T2 Public Transport Preference Measures 123

T3 Public Transport for Substantial Developments 124

T4 Railways 124

T5 Light Rail: Medway Metro 125

T6 Channel Tunnel Rail Link 126

T7 Safeguarding Railway Lines 126

T8 Provision for Cyclists 127

T9 Provision for Pedestrians 128

T10 Pedestrianisation of Earl Street 128

T11 Traffic Calming in New Development 129

T12 Traffic Regulation Orders 130

T13 Parking Standards 131

T14 Car Parking Strategy for Urban Maidstone 132

T15 Non-Residential Parking in the Town Centre 132

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viii Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved

T16 Residents’ Preference Parking 133

T17 Park-and-Ride 134

T18 Highways Construction, Widening and Junction Improvements 136

T19 Boat Yards 137

T20 Headcorn Airfield 137

T21 Accessibility of New Developments 138

T22 Access onto Primary and Secondary Roads 139

T23 Need for Highway/Public Transport Improvements 140

T24 Provision for People with Disabilities 140

Chapter 7. Retailing

Number Title Page

R1 Maintaining and Enhancing Existing Retail Facilities 146

R2 Major Retail Proposals Exceeding 500m2 147

R3 Maidstone Town Centre 149

R4 Fremlin Centre 150

R5 Former Gasworks Site, St. Peter Street 151

R6 Maidstone East Railway Station 152

R7 Core Shopping Area in the Town Centre 153

R8 Secondary Shopping Areas in the Town Centre 153

R9 Tertiary Town Centre Areas 154

R10 Local Centres 155

R11 Local Convenience Shops, Post Offices & Pharmacies 157

R12 Retail Proposals Outside Defined Built-Up Areas 157

R13 Bulky Goods Proposals Outside Allocated Sites 159

R14 Warehouse Clubs 160

R15 Supermarket Proposals Exceeding 1,000m2 160

R16 Amusement Arcades 161

R17 Takeaways, Restaurants, Cafes, Bars and Pubs 162

R18 Car Showrooms 163

R19 Living Over the Shop 165

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Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved ix

Chapter 8. Community Facilities

Number Title Page

CF1 Seeking New Community Facilities 169

CF2 Re-Using Public Land and Community Facilities 170

CF3 Loss of Community Facilities 170

CF4 New Post Office Facilities 170

CF5 Medical Services 171

CF6 Medical Service Provision on Allocated Housing Sites 171

CF7 Playschool and Child-Minding Facilities 171

CF8 Primary Schools 172

CF9 Dual Use of School Facilities 173

CF10 Temporary and Mobile Classrooms 173

CF11 Tertiary Education 173

CF12 Community Halls 174

CF13 Arts and Cultural Facilities 174

CF14 Nightclubs, Sports, Leisure and Entertainment Uses 175

CF15 Burial Grounds 176

CF16 Off-Site Sewers 177

CF17 Integration of New Sewers 177

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Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved 1

PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A

STRUCK THROUGH LINE. AS MORE OF THE LDF REPLACES THE 2000 LOCAL PLAN,

MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS IMPORTANT TO

ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL CONTEXT OF THE

POLICIES CAN STILL BE SEEN.

INTRODUCTION

Reasons for Preparing a New Local Plan 1.1. The purpose of this Local Plan is to set out new and amended planning proposals and policies for

the whole of the Maidstone Borough Council area for the period to 2006. 1.2. Previously the Borough Council area was covered by two formally adopted Local Plans both of

which dealt with the period to 2001. The Maidstone Borough Local Plan, adopted in 1993, covered nearly all of the Borough Council area. The only part not included was a small area to the north of the M2 which is dealt with by the Medway Towns Local Plan which was adopted in 1992.

1.3. These Plans needed revision for a number of reasons:

(i) the Government requires that every District and Borough Council must prepare a Local Plan covering its entire area. As such this Local Plan incorporates the area north of the M2, previously excluded by the now superseded Maidstone Borough Local Plan, in addition to the rest of the Borough; and

(ii) there has been a change to the strategic planning background. The Local Plan has to

conform with the Kent Structure Plan produced by the Kent County Council. The Structure Plan, which was adopted in December 1996, sets Maidstone development targets to meet by the year 2011. Also new environmental policies needed to be dealt with in this Local Plan. There are in addition Local Plans prepared by the County Council dealing with specialist topics. The Kent Minerals Local Plan: Construction Aggregates was adopted in December 1993; and the Chalk and Clay, and Oil and Gas sections of the Minerals Local Plan were adopted in December 1997. Finally, the Kent Waste Local Plan was adopted in March 1998. Accordingly it has been necessary to roll forward Local Plan proposals beyond 2001. The Borough Council has decided that this Local Plan should cover a period of ten years - 1996 to 2006; and

(iii) the now superseded Maidstone Borough Local Plan also needed to be changed to take

account of new Central Government policy. There have been significant alterations to Government thinking in a number of important areas, particularly housing, transportation strategy, retailing and sustainability. These changes needed to be reflected in this Local Plan; and finally

(iv) the Borough Council had itself developed additional policies and proposals, responding to

local issues, which needed to be examined through the Local Plan process, in order to give them given statutory weight.

Form and Content 1.4. The Local Plan consists of a written statement and a separate atlas containing the Proposals

Map. These two documents should be used together. The written statement sets out and justifies the Plan's policies and proposals. Policies are statements of how the Borough Council will normally act in order to achieve its objectives for the area. They can apply to small parts of the Borough, for example Conservation Areas, or they can be generally applicable across the Borough. In addition, the written text includes proposals for the allocation of land for particular purposes including housing, economic development and retailing.

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INTRODUCTION

2 Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved

1.5. Each of the chapters contains policies and proposals which follow a consistent format. The

chapters move from the general to the specific on a topic-by-topic basis, and are prefaced by sections setting out the relevant Central Government policies and guidance, the policies of the Structure Plan, the existing situation in the Borough and the Council’s overall aims and objectives on the relevant topic.

1.6. At the end of each chapter there is a section outlining the measures that the Borough Council will

use to evaluate whether the Plan is meeting its objectives. These monitoring measures are directly related to the policies in the chapter, and are designed to be cost effective and easy to collate.

1.7. Also at the end of each chapter there is a section which sets out the results of the Council’s

environmental assessments of the policies and proposals in the Plan. This is in accordance with the guidance contained in paragraphs 4.16-4.22 of the Department of the Environment, Transport and the Regions (DETR) Planning Policy Guidance Note (PPG)12 - “Development Plans”. This assessment enables the Council to identify which of its policies and proposals will aid global sustainability and which will improve the local environment.

1.8. The Proposals Map shows the sites and areas to which the policies and proposals apply. Most of

the Borough is covered by maps at 1:10,000 scale. However, in view of the substantial number of proposals for the town centre that require to be illustrated, a large map at a scale of 1:2,500 is included for that area and this is placed in the back pocket of the Proposals Map document.

Maidstone Town Centre 1.9. Policies relating to Town Centre issues such as car parking, transportation, retailing and so on are

set out in the individual chapters dealing with these topics. However this Plan includes a separate chapter setting out how these various policies and proposals combine to provide a coherent strategy for the town centre. This will help to guide and inform the work of the Town Centre Management Initiative which is a joint partnership of the Borough Council, County Council and private sector sponsors, working to improve Maidstone Town Centre.

Public Consultations 1.10. This Local Plan has been prepared in accordance with statutory requirements. All the stages of

the preparation process are set out below:

Stage Date Purpose

Project Report April 1994 Set out issues that needed to be considered in the Maidstone Borough-Wide Local Plan. Public consultation was undertaken on this document.

Consultation Document March 1996 Introduced some of the issues which would be considered in the Maidstone Borough-Wide Local Plan, including new developments, following consideration of representations made on the Project Report. Public consultation was undertaken on this document.

Deposit Plan May 1997 Formalised the Borough Council’s Plan proposals, following extensive consideration of the representations received on the prior documents (see above). This document was placed on deposit to provide the opportunity for public comment.

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INTRODUCTION

Maidstone Borough-Wide Local Plan 2000 : Saved / Unsaved 3

Stage Date Purpose

Schedule of Proposed Changes

December 1997 First set of changes to the Deposit Plan, following consideration of the representations received during the public consultation exercise, as well as the inclusion of updated information. This first set of changes was made available for public consultation.

Schedule of Proposed Further Changes

March 1998 Second set of changes to the Deposit Plan, following consideration of the representations received during the public consultation exercise for the Schedule of Proposed Changes (December 1997) (see above). Both sets of changes were presented to the Local Plan Inquiry Inspector.

Public Local Inquiry May 1998 – June 1999 Parties with unresolved objections to the Plan were able to present their case in more detail to the appointed Local Plan Inspector.

Inspector’s Report November 1999 Presentation of the Inspector’s conclusions and recommendations on all unresolved objections to the Local Plan and how the Plan should be modified.

Post-Inquiry Modifications June 2000 The Council’s response to the Inspector’s recommendations and conclusions in his Report, including a set of post-Inquiry changes to the Deposit Plan. The Response and Modifications documents were made available for public comment.

Further Minor Changes November 2000 A final set of minor changes to the Plan - following consideration of the representations received during the public consultation exercise for the Post-Inquiry Modifications (June 2000) (see above) - which essentially updated, clarified and corrected the text and policies.

Adoption 18 December 2000 Formal adoption of The Maidstone Borough-Wide Local Plan. The Maidstone Borough Local Plan (Adopted October 1993) and the Medway Towns Local Plan (Adopted May 1992) are superseded as the Local Plan for the Borough of Maidstone.

Implementation 1.11. The policies and proposals set out in this Plan provide both a framework for the control of

development and also allocate areas for future development in accordance with the strategy outlined in the Kent Structure Plan. Their implementation is the responsibility of a variety of agencies including the Borough Council, the County Council and the private sector. Many policies can be implemented through the normal day-to-day operation of the development control system. These policies include the safeguarding of residential areas, the containment of economic development areas and the protection of rural areas. Other policies and proposals in this Plan, such as housing allocations, new retail development or car parking provision, require financial resources. Having regard to available resources and the competing needs within the Borough, it is anticipated that the policies and proposals which have been formulated can realistically be implemented during the Plan period.

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PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A

STRUCK THROUGH LINE. AS MORE OF THE LDF REPLACES THE 2000 LOCAL PLAN,

MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS IMPORTANT TO

ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL CONTEXT OF THE

POLICIES CAN STILL BE SEEN.

STRATEGIC OBJECTIVES 2.1. Maidstone Borough is strategically located on the major motorway and railway communication

links between London and the rest of the United Kingdom on one hand, and the Channel Ports and Europe on the other. The Borough is situated just outside the outer edge of the Metropolitan Green Belt, but has a countryside environment of the highest quality which is deserving of strong protection.

2.2. Maidstone Borough is therefore attractive both as a place to locate business, and as a place in

which to live. There is therefore considerable development pressure. This creates conflict with the acknowledged importance of defending the character of the area and avoiding unacceptable damage to the countryside.

2.3. Accordingly, the task for the planning system is to reconcile the economic and development

contribution Maidstone is asked to make, with the need to protect Areas of Outstanding Natural Beauty, Special Landscape Areas, high quality agricultural land and areas of importance for nature conservation, which characterise the Borough.

2.4. Whilst the sensitivity of the environment around Maidstone is recognised in the County Structure

Plan, nevertheless the Borough is also asked to continue to sustain levels of development which historically have been high. For the present, these development levels have been set by the Kent Structure Plan which was adopted in December 1996. Throughout the process of preparing the adopted Kent Structure Plan, the Borough Council argued for a reduction in the development burden placed on the Maidstone Borough. Although initially successful in persuading the County Council to modify the requirements, these improvements were reversed by the Secretary of State following the Examination in Public of the Structure Plan. Accordingly, the requirements for housing development set out in this Plan are greater than either the Borough, or the County Council, wished to propose. Nevertheless these figures are set out in the Structure Plan and must be accommodated. The Local Plan is the vehicle for providing the necessary development allocations.

2.5. Since the preparation of the now superseded Maidstone Borough Local Plan, adopted in 1993,

and the Medway Towns Local Plan of 1992, a much greater emphasis has been placed on the issue of „sustainability‟ in Government Policy. The concept of „sustainability‟ recognises that the actions of today's generation have repercussions for the future and that actions and proposals should be tested to establish whether or not they will place a burden of problems and difficulties on future generations, for example by damaging the environment or the natural systems which support life. Government guidance set out in “Sustainable Development: The UK Strategy”, and in Planning Policy Guidance Note 1, states that a sustainable planning framework should:

(i) provide for the nation‟s needs for commercial and industrial development, food production,

minerals extraction, new homes and other buildings, while respecting environmental objectives;

(ii) use already developed areas in the most efficient way, while making them more attractive

places in which to live and work; (iii) conserve both the cultural heritage and natural resources (including wildlife, landscape,

water, soil and air quality) taking particular care to safeguard designations of national and international importance; and

(iv) shape new development patterns in a way which minimises the need to travel.

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STRATEGIC OBJECTIVES

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2.6. Accordingly the test of sustainability has been applied to all aspects of this Local Plan.

Environmental assessment of every proposal has been carried out to establish whether or not it is beneficial or damaging. In this way, a more informed judgement about the acceptability or otherwise of particular proposals can be made.

2.7. The Strategic Objectives which are set out below seek to provide a broad context for the policies

of this Plan which are concerned with implementing proposals. The Strategic Objectives provide a guide to understanding and interpreting the Council's general intentions, and should be read together with the Local Plan as a whole.

The Strategic Objectives

Objective 1

To ensure that all development proposals, land use policies, and transportation schemes, are consistent with the need to ensure a sustainable future, and that the stewardship of the environment undertaken by today's administrators, developers, residents, businesses and visitors, does not create unavoidable problems for their successors.

Objective 2

To recognise the importance of Maidstone's rich and diverse environmental resources; to protect and where possible enhance the variety and distinctiveness of the Borough's urban and rural environment; and to ensure that the quality of Maidstone's distinctive identity is protected for current and future generations.

Objective 3

To protect the countryside for its own sake and to restrict the development of green field sites to the minimum necessary to conform with Structure Plan development requirements; to identify and implement policies to protect areas of countryside and open space having special qualities, or achieving particular functions (such as separating urban areas).

Objective 4

To maximise the contribution to development needs that can be brought forward on brown land, or through acceptable redevelopment within urban areas, provided that such development is not damaging to the particular character and functioning of the urban area, and that urban open space and areas of characterful low density developments are not prejudiced.

Objective 5

To provide sufficient housing to substantially meet the requirements of the local population having regard to Structure Plan guidelines, and to ensure that housing development is well related to public transport infrastructure, schools, shops, and working opportunities, in order to minimise the necessity for vehicular journeys.

Objective 6

To ensure that within the total provision of housing a range of house types compatible with the needs of the population of the Borough is provided, including affordable housing.

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Objective 7

To provide sufficient land for economic development, of a quality and in locations, that recognise the economic requirements of business investors.

Objective 8

To provide within the overall economic development proposals opportunities for the attraction of high value-added manufacturing activities which will provide growth potential and secure jobs; to provide a positive approach to the needs of established business where practicable, in order to secure and develop the existing employment base; and to positively promote employment in tourism.

Objective 9

To capitalise on Maidstone's status as the County Town of Kent and to encourage service orientated business, including tourism, focused on the town centre; to recognise the key role of the town centre as a multi-use, 24 hour, secure facility for use by the whole community; and to establish and maintain its distinctive identity.

Objective 10

To maintain and enhance the hierarchy of shopping facilities in the Borough in order to ensure adequate access to local retail facilities for all residents of the Borough.

Objective 11

To secure the vital retail function of Maidstone town centre; to maintain its status as a principal shopping centre in Kent; to compete effectively with new retail developments elsewhere in Kent; to enable and promote the provision of new retail development in Maidstone town centre, particularly to upgrade the quality and range of shop types available; to achieve the provision of additional car parking for customers associated with retail development; to provide a programme of public and private sector investment in environmental improvements; and to ensure that necessary retail development which cannot be accommodated in the town centre, is provided for at the edge of the town centre, and not in out of town locations, in order to further support the retail function of the town centre.

Objective 12

To implement a co-ordinated transportation strategy to ensure that accessibility to all parts of the Borough is enhanced to the maximum degree practicable, and to provide an array of transportation modes, including public transport, cycling and walking, in addition to the private car, such that residents and visitors to the Borough are able to choose practical options for sustainable transportation.

Objective 13

To protect the individual character of villages and rural settlements in the Borough, and their countryside settings, and specifically to resist proposals for the unacceptable expansion of either Maidstone town, or the Medway Towns, or particular villages, which would contribute to the coalescence of such settlements to the detriment of their individual identities or countryside setting.

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Objective 14

To promote a high standard of environment and formal and informal recreational facilities for the benefit of residents; to attract and retain visitors to the Borough; to adopt a positive approach to proposals to promote tourism; and to provide for the accommodation needs of tourists.

Objective 15

To co-ordinate and provide certainty in respect of the investment and capital works programmes of infrastructure providers, utility providers and local authorities.

Objective 16

To ensure that the needs of rural communities for access to local employment, services, housing and retail facilities are provided for.

2.8. The chapters set out hereafter give detailed guidance on the mechanisms by which the Borough

Council expects that the broad objectives set out above will be achieved.

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PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A STRUCK THROUGH LINE E.G. ENV1. AS MORE OF THE LDF REPLACES THE 2000 LOCAL PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL CONTEXT OF THE POLICIES CAN STILL BE SEEN.

ENVIRONMENT

Introduction 3.1 This chapter of the Local Plan encompasses all issues relating to the protection and

enhancement of the built and natural environment throughout the Borough. It encompasses such issues as Listed Buildings, Conservation Areas, archaeological sites, Tree Preservation Orders, landscape areas, wildlife and habitat areas and also anti-coalescence policies. Other issues include equestrian development, converting rural buildings, golf courses, telecommunications, lighting, noise, ponds, allotments and hedgerows.

3.2. Many of the policies in this chapter are established policies brought forward from the existing Maidstone Borough and Medway Towns Local Plans. In some instances it has been necessary to update or revise existing policies in the light of new Government advice, or changes introduced by the 1996 Kent Structure Plan. Some existing policies have been amended as a result of experience in implementation through the development control system.

3.3. In the urban area and village settlements the Borough Council remains committed to the protection and enhancement of the built environment. The quality of the built environment is increasingly recognised as having a direct effect on people's perception of the area and on the local economy and quality of life.

3.4. In the countryside, the Borough Council will continue to pursue strict policies to resist inappropriate development. The Council's objectives are to conserve the character of the countryside including its landscape, wildlife, agricultural, recreational, cultural/historic and natural resource value whilst meeting the economic and social needs of the rural community.

National and Strategic Context

3.5. Since the adoption of the two Local Plans covering the Borough there have been significant changes to national and strategic planning policy guidance. The introduction of an environmentally led approach to land use planning which promotes sustainable forms of development is now firmly established.

3.6. In line with the Government's biodiversity and sustainability action plans, the concept of sustainable development has been placed at the heart of strategic planning in the UK. The most common definition of sustainable development is that which was made by the Brundtland Commission in 1987 as '…development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs…'. This commitment is reflected in the Government's Planning Policy Guidance Notes (PPGs).

3.7. In PPG1 - "General Policy and Principles", the Government makes clear its intention to work towards ensuring that development and growth are sustainable. It states that the planning system, and the preparation of development plans in particular, can contribute to these objectives, and that the sum total of decisions in the planning field should not deny future generations the best of today's environment. This theme is echoed throughout Government guidance and forms a clear national framework upon which planning policies should be developed.

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3.8. There are other Planning Policy Guidance Notes which are relevant to this Chapter. In PPG2 - "Green Belts", the Government reaffirms the specific objective of Green Belt policy as an essential element in preventing urban sprawl and keeping land permanently open. Green Belts help to protect the countryside and assist in moving towards a more sustainable pattern of urban development.

3.9. PPG7(revised) - “The Countryside, Environmental Quality and Social and Economic Development” restates the Government‟s commitment to ensuring both prosperity and the protection and enhancement of the character of the countryside. The countryside should be safeguarded for its own sake and development should be managed in such a way that the economic and social needs of rural communities are met without compromising the rural environment.

3.10. PPG9 - "Nature Conservation", gives guidance on how the Government's policies for the conservation of Britain's natural heritage are to be reflected in land use planning, and embodies the Government's commitment to sustainable development and to conserving the diversity of the nation's wildlife.

3.11. PPG15 - "Planning and the Historic Environment" provides a full statement of Government policies for the identification and protection of historic buildings, conservation areas and other elements of the historic environment. Local authorities are encouraged to maintain and strengthen their commitment to stewardship of the historic environment through planning policies.

3.12. In PPG16 - "Archaeology and Planning", the need to reconcile demands for development with the interests of conservation including archaeology is emphasised. The Government states that development plans should include policies for the protection, enhancement and preservation of sites of archaeological interest and of their settings.

3.13. The Government's intentions to protect the nation's built and natural environment are made clear through PPGs including those which deal with specific types of development. In PPG8 - "Telecommunications", the Government seeks to facilitate the growth of telecommunications but only where the environment is safeguarded. In PPG17 - "Sport and Recreation", the guidance note describes the role of the planning system in assessing opportunities and needs for sport and recreation provision and safeguarding open spaces.

3.14. PPG23 - "Planning and Pollution Control" sets out guidance on protecting the quality of air, water and land, and emphasises the importance of considering these resources when dealing with development proposals. PPG24 - "Noise" requires the impact of noise to be considered in local plans and when dealing with planning applications.

3.15. Current regional guidance for the South East is embodied in RPG9 (March 1994). One of the principal objectives of this guidance is to ensure that an enhanced quality of life is available to residents of the South East by seeking to create and conserve an ecologically sound, aesthetically pleasing and pollution free environment in both town and country; to improve the quality and preserve the integrity of the region's residential neighbourhoods and communities; and to make sure that all can share in the attractions, quality and wealth of the region.

3.16. National and Regional Guidance is reflected in the Kent Structure Plan 1996. The Structure Plan places a high priority on balancing the development needs of the county with its environment and the quality of life of its residents. The Structure Plan emphasises the need to maintain the county's natural resources such as water, minerals, and oil and gas, and to ensure that adequate natural resources are sustained for future generations. The Plan is a key strategic document which takes a relatively long-term view and lays the foundation for achieving sustainable development.

3.17. The policies contained in this chapter of the Local Plan have been founded upon national, regional and county level objectives. They incorporate the Borough Council's own objectives to secure the protection and enhancement of the built and natural environment in a way which

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ensures that the needs of the present generation do not deny the ability of future generations to meet their own needs.

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Local Context

3.18. The character of the environment in this Local Plan area varies considerably. Maidstone is the County Town of Kent and is a major administrative and commercial centre. The urban area has grown considerably in recent years with much modern residential, industrial and commercial development. However, it retains a legacy of fine buildings of which over 600 are listed as being of Special Architectural or Historic Interest. In addition there are six Conservation Areas within or adjoining the town centre.

3.19. Outside the defined urban boundaries there are many villages, varying considerably in size and all with their own individual character and charm. The high quality of the environment is demonstrated by the existence of many village Conservation Areas. The character of the rural area, both within the villages and in the open countryside, is also enhanced by the large number of attractive individual buildings of which over 1,600 are listed.

3.20. The open countryside in the Borough is of high landscape quality. It incorporates many elements that are quintessentially typical of Kent. In the north lie the North Downs, the escarpment face of which sweeps down to the valleys of the Rivers Medway and Len before rising again to the prominent Greensand Ridge, which in turn overlooks the Low Weald with its characteristic landscape of small fields, finally giving way, in the south of the Borough, to the High Weald.

3.21. This topography produces a countryside of fine visual character recognised in a variety of important national, strategic and local designations. It also produces high quality agricultural conditions that fully justify the „Garden of England‟ description, and a variety of habitats recognised as being of importance to flora and fauna.

3.22. The stock of environmental resources in the Borough is under constant pressure for change, whether that be through development pressures or through changes in social or economic circumstances.

3.23. Increasingly, there is a need to address ways in which demand for development can be modified rather than simply accommodated. With a greater emphasis on environmental concerns there is also a need to accommodate necessary development in a way which pays more regard to the environment, for example the careful location of new development to avoid damage to valued landscapes, important habitats or historical resources.

3.24. In Maidstone Borough, important environmental constraints severely restrict opportunities for significant additional development. The policies set out in this chapter aim to ensure that where necessary development does take place, damage to the environment is kept to an absolute minimum.

Aims and Objectives

3.25. The principal objective of policies in the Environment Chapter is to achieve the proper protection

of Maidstone‟s rich and diverse environmental resources. In pursuit of this, the following policies cover all aspects of protection of the Borough‟s natural and man-made environment, and, in addition, seek to ensure that changes brought about by new development are properly managed and integrated into the existing environment.

Pollution (Air, Land and Water)

3.26. Pollution can arise from a variety of sources and can affect air, water or land, or any combination of them. The quality of these natural resources is important for the overall environment of the Borough.

3.27. Government advice on pollution is contained in PPG23 which explains the relationship between controls over development under planning law, and controls which operate under other pollution

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legislation. It advises that the planning system complements pollution control powers by regulating the location of development and the control of operations in respect of the use of land in order to avoid or minimise adverse impacts on the environment. PPG23 states clearly that the planning system should not be operated so as to duplicate controls which are the statutory responsibility of other bodies.

3.28. In assessing planning applications which are likely to have pollution implications, the Borough Council will consult and liaise with the relevant authorities to establish potential impacts including effects on health, the natural environment and general amenity. POLICY ENV1 PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH, ITSELF OR CUMULATIVELY, WOULD HARM THE QUALITY OF AIR, LAND AND WATER UNLESS SATISFACTORY MITIGATION MEASURES ARE PROVIDED. DEVELOPMENT ADJOINING POLLUTING USES WILL NOT BE PERMITTED UNLESS ADEQUATE MEASURES ARE UNDERTAKEN TO ELIMINATE ANY IDENTIFIED POLLUTION RISK.

Achieving Quality in New Developments

3.29. The quality of the built environment is a key factor in determining people's perception of an area. It is particularly important to local people who wish to live, work, shop and spend leisure time in pleasant surroundings. An attractive environment is also influential in encouraging tourism and investment, thereby creating employment opportunities and increasing general prosperity.

3.30. The Government has expressed its commitment to good design in PPG1 which states that the appearance of proposed development along with its relationship to its surroundings are a material consideration in reaching planning decisions.

3.31. In pursuit of achieving the highest quality built environment throughout the Borough, all development (including new buildings and alterations or extensions to existing buildings) will be required to respect and enhance its surroundings. POLICY ENV2 PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT IN THE DEFINED URBAN AREA AND VILLAGE SETTLEMENTS UNLESS: (1) PROPOSALS RELATE SYMPATHETICALLY TO THE CONTEXT PROVIDED BY THEIR

SETTING AND BY ADJOINING BUILDINGS WITH REGARD TO SCALE, HEIGHT, PROPORTION, DETAILING AND MATERIALS, STREET AND PLOT PATTERNS, BUILDING FRONTAGES, TOPOGRAPHY, PUBLIC VIEWS, LANDMARK BUILDINGS, EXISTING LANDSCAPE FEATURES, HIGHWAYS AND CAR PARKING; AND

(2) DUE REGARD IS GIVEN TO THE REASONABLE ENJOYMENT OF THEIR

PROPERTIES BY NEIGHBOURING OCCUPIERS.

3.32. In accordance with Government advice in PPG12 the Borough Council will continue to publish Supplementary Planning Guidance, where necessary, giving detailed advice on achieving high quality new development. Some major developments may have particular and significant implications on the surrounding environment and these will need to be guided by development briefs which may be prepared by the Council or the developer.

Planning Out Crime

3.33. The causes of crime and vandalism are complex but it is widely accepted that environmental factors can play a part. Government advice contained in circular 5/94 emphasises the potential

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for reducing crime and improving community safety through the design of the physical environment. Desolate and featureless surroundings can engender feelings of hostility and alienation. Used sensitively the planning system can be instrumental in providing attractive and well managed environments that help to discourage anti-social behaviour. POLICY ENV3 WHEN CONSIDERING PROPOSALS FOR NEW DEVELOPMENT THE BOROUGH COUNCIL WILL HAVE REGARD TO THE ISSUE OF CRIME PREVENTION.

Noise

3.34. Noise can have a significant impact on the environment and on the quality of life enjoyed by individuals and communities. Government guidance in PPG24 requires the impact of noise to be considered in Local Plans and when dealing with planning applications. The Government advises that Local Plan policies should ensure, as far as possible, that noise-sensitive developments are located away from existing sources of noise (or programmed developments such as roads) and that potentially noisy developments are located in areas away from noise-sensitive uses.

3.35. As well as residential uses, certain other forms of development can be noise-sensitive, particularly schools, hospitals and offices. However, these uses often require ancillary functions such as storage which do not require protection from noise. In such circumstances, site layout and building design may provide adequate mitigation. Where it is particularly difficult to separate noise-sensitive development from noisy activities, it may be possible to mitigate the impact of noise by introducing alternative measures such as noise barriers.

3.36. PPG24 provides guidance on determining planning applications for residential development to ensure that noise levels are acceptable. It identifies noise exposure categories (NECs) for different types of noise source: road, rail and mixed sources (which includes industrial noise). The Borough Council has adopted its own noise standards which accord with the guidance set out in PPG24. The Council's adopted standards for transportation noise fall within the tolerance range of the advice in PPG24. In dealing with planning applications for new development the Borough Council will operate its noise standards which have been adopted as Supplementary Planning Guidance. POLICY ENV4 NOISE GENERATING DEVELOPMENT WILL NOT BE PERMITTED IF IT WOULD BE LIABLE TO INCREASE ADVERSELY THE NOISE EXPERIENCED BY THE USERS OF EXISTING OR PROPOSED NOISE-SENSITIVE DEVELOPMENT NEARBY. NOISE-SENSITIVE DEVELOPMENT WILL NOT BE PERMITTED IF ITS USERS WOULD BE AFFECTED ADVERSELY BY NOISE FROM EXISTING OR PROPOSED NOISE-GENERATING USES.

Trees, Landscaping and Ancient Woodland

3.37. Trees, hedges and shrubs make a valuable contribution to the quality of the built environment and the countryside. They soften the regular lines of buildings and help to integrate new developments with their surroundings more rapidly. The existence of planting along highway verges can play a valuable role in reducing the impact of the road from the area through which it passes, and in improving the visual environment generally. However, there may be circumstances where for instance there is unimproved grassland, or on wetland or heathy areas, where planting would conflict with the conservation of the habitat type, and under such circumstances tree planting may not always be appropriate.

3.38. The Borough Council attaches great importance to the role of landscaping in contributing to and improving the quality of the built environment. Where it is expedient to do so, the Council will continue to make Preservation Orders on trees which are under threat and which make a positive

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contribution to their surroundings. It will also require development proposals to retain existing landscape features as far as possible and to make adequate provision for new planting. The Borough Council will produce Supplementary Planning Guidance incorporating a list of indigenous species to be used in landscaping schemes as part of new development.

3.39. The County of Kent has the smallest stock of woodland of any county in the South East.

However, the county does possess more Ancient Woodland than any other county in the UK: around 10% of the national total.

3.40. Ancient woodland represents the outcome of centuries of interaction between humans and trees, and as such, they are a living record of the biological effects of traditional woodland practices. The existing, unplanted vegetation of Ancient Woods, the associated animal life, the undisturbed soil and drainage patterns, historical features and characteristic landscapes, comprise an irreplaceable asset of great importance to nature conservation which, once destroyed, can never be recreated. It is essential that as much as possible of the remaining Ancient Woodland area is protected and sympathetically managed.

3.41. In recognition of the importance of this resource the Borough Council will protect Ancient Woodlands from harmful new development and will direct potentially damaging activities to less sensitive plantation sites. POLICY ENV5 DEVELOPMENT WILL NOT BE PERMITTED IF IT WOULD RESULT IN THE DESTRUCTION OF, OR DAMAGE TO, ONE OR MORE TREES WHICH ARE EITHER: (1) PROTECTED BY A TREE PRESERVATION ORDER; OR

(2) SITUATED IN A CONSERVATION AREA; OR

(3) IDENTIFIED AS ANCIENT WOODLAND; OR

(4) WHICH MAKE A SIGNIFICANT CONTRIBUTION TO THE AMENITIES OF A LOCALITY,

THE CHARACTER OR QUALITY OF THE LANDSCAPE, OR TO HABITAT QUALITY OR BIODIVERSITY;

UNLESS THE COUNCIL IS SATISFIED THAT:

(A) THE NEED FOR THE DEVELOPMENT OUTWEIGHS THE AMENITY, LANDSCAPE OR

HABITAT AND BIODIVERSITY VALUE OF THE TREE(S) OR WOODLAND AFFECTED; OR

(B) THE REMOVAL OF THE TREE(S) OR WOODLAND IS IN THE INTERESTS OF GOOD

ARBORICULTURAL OR WOODLAND MANAGEMENT PRACTICE, OR IN THE INTERESTS OF HABITAT PROTECTION OR BIODIVERSITY; PROVIDED THAT:

(C) THE DEVELOPMENT WILL NOT RESULT IN OVERALL LOSS OF, OR DETRIMENT

TO, THE BOROUGH'S RESOURCE OF ANCIENT WOODLAND; AND (D) THE DEVELOPMENT WILL NOT RESULT IN THE SUBSEQUENT REMOVAL OF, OR

DAMAGE TO, OTHER EXISTING TREES OR WOODLAND ON OR NEAR THE SITE, OR THE CREATION OF PRESSURES FOR FURTHER FELLING OR TREE SURGERY; AND

(E) ADEQUATE PROVISION IS MADE, EITHER ON OR NEAR THE SITE, FOR THE

PLANTING AND FUTURE GROWTH OF AN EQUIVALENT NUMBER OF TREES, OR AREA OF WOODLAND, TO THAT WHICH IS REMOVED, EXCEPT WHERE THIS WOULD CONFLICT WITH OTHER POLICIES IN THIS PLAN.

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POLICY ENV6 IN APPROPRIATE CASES, THE BOROUGH COUNCIL WILL REQUIRE A LANDSCAPE SCHEME, INCLUDING SURFACING AND BOUNDARY TREATMENTS, TO BE CARRIED OUT AS PART OF DEVELOPMENT PROPOSALS. WHERE REQUIRED, SUCH SCHEMES SHOULD: (1) INCORPORATE THE RETENTION OF EXISTING TREES, WOODLANDS,

HEDGEROWS, NATURAL AND MAN-MADE FEATURES WHICH CONTRIBUTE TO THE LANDSCAPE CHARACTER OR QUALITY OF THE AREA; AND

(2) PROVIDE A SCHEME OF NEW PLANTING OF TREES, HEDGEROWS OR SHRUBS AS

APPROPRIATE, USING NATIVE OR NEAR NATIVE TREE SPECIES, AND WHEREVER POSSIBLE NATIVE OR NEAR NATIVE SHRUB SPECIES.

Riverside Zone of Special Townscape Importance

3.42. The River Medway represents an important element in Maidstone's town centre. Over the years the character of the river and its immediate surroundings have changed extensively with the relocation of traditional industries and new road construction. The result of these changes has been to open up the river both to public view and access and to increase considerably its visual contribution to the urban environment.

3.43. This Plan identifies several major developments within the Plan period which will transform the appearance of the riverside. These include Lockmeadow, Medway Street, the Fremlin Shopping Development, Maidstone East Station, and the former Barracks site. The development of these sites presents an exciting opportunity to enhance the quality of the riverside environment, but this can only be achieved if these new developments are of a particularly high standard and recognise the visual links which each site has with the river and with each other. The criteria set out in Policy ENV7 focus attention on those aspects of detailed design which the Council considers to be important in achieving a high quality riverside environment. In particular, there is a need for surface car parking to be hidden away from the riverside so that the river itself is not seen against a backdrop of car parking, and to enable pedestrian activity and landscaping to be accommodated within the immediate confines of the river corridor. The wider visual impact of car parking should also be considered in the context of views from higher ground in the Medway Valley. Also, with the aim of elevating the presence of the river in the town centre, ENV7 encourages the provision of short-term non-residential moorings. The Proposals Map identifies a Riverside Zone of Special Townscape Importance in the town centre where developments will be expected to meet these special design requirements. Applications for development within the Riverside Zone of Special Townscape Importance will be expected to include a design impact statement setting out the design principles adopted and how these relate to the wider townscape context as well as immediately adjoining buildings.

POLICY ENV7 WITHIN THE RIVERSIDE ZONE OF SPECIAL TOWNSCAPE IMPORTANCE DEVELOPMENT WILL NOT BE PERMITTED UNLESS: (1) PROPOSALS WILL ENHANCE THE QUALITY OF THE RIVERSIDE AND PAY

PARTICULAR REGARD TO THEIR RELATIONSHIP WITH THE RIVER AND OTHER RIVERSIDE DEVELOPMENTS; AND

(2) A HIGH STANDARD OF DESIGN AND MATERIALS IS ACHIEVED; AND (3) SURFACE PARKING AREAS ARE KEPT AWAY OR HIDDEN FROM THE RIVERSIDE;

AND (4) DUE ACCOUNT IS TAKEN OF VIEWS TO AND FROM AREAS OR BUILDINGS OF

INTEREST AND THE REMOVAL OR SCREENING OF EYESORES; AND

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(5) DUE REGARD IS GIVEN TO THE IMPACT OF DEVELOPMENT FROM BOTH WITHIN THE RIVER CORRIDOR AND FROM THE SURROUNDING HIGHER GROUND ON THE RIVER VALLEY SIDES; AND

(6) THE FOOTPATH LAYOUT IS OF INTEREST AND ANY SEPARATION BETWEEN

PUBLIC AND PRIVATE AREAS TO PROVIDE SITE SECURITY IS KEPT TO A MINIMUM; AND

(7) DUE REGARD IS GIVEN TO PLANTING, LIGHTING, PAVING, EDGE TRIM, STREET

FURNITURE, ETC.; AND (8) WHERE POSSIBLE, BUILDINGS ARE SITED TO EMPHASISE THE IMPORTANCE OF

THEIR RELATIONSHIP WITH THE RIVERSIDE; AND (9) NEW LANDSCAPED SPACES AND RIVERSIDE WALKS PROVIDE ENHANCED

PUBLIC ACCESS TO AND ALONG ITS BANKS; AND (10) DUE REGARD IS GIVEN TO THE POSSIBILITY OF PROVIDING ADDITIONAL SHORT-

TERM NON-RESIDENTIAL MOORINGS AND MOORING FACILITIES.

Advertising and Retail Frontages

3.44. Shop fronts and signs, by their very nature, tend to be dominant features in the street scene and can add to the vitality and attractiveness of shopping areas. However, the needs of modern retailing and competition between traders means that shopping frontages are subject to constant changes while there is a tendency for advertising material to increase and duplicate creating a general impression of visual clutter. In addition, many of the premises used as shops are historic buildings, the character of which has been damaged by unsympathetic shop windows, fascias and signs. The Borough Council wishes to strike a balance between commercial interests and the quality of the environment. POLICY ENV8 EXISTING COMMERCIAL OR RETAIL FRONTAGES OF ATTRACTIVE TRADITIONAL DESIGN AND MATERIALS WILL BE RETAINED. APPLICATIONS FOR NEW SIGNAGE AND FOR COMMERCIAL OR RETAIL FRONTAGES WILL BE PERMITTED PROVIDED THAT THE FOLLOWING CRITERIA ARE MET: (1) THE SIZE, DESIGN, POSITIONING, MATERIALS, COLOUR AND METHOD OF

ILLUMINATION OF SIGNAGE IS NOT DETRIMENTAL TO THE CHARACTER AND APPEARANCE OF THE BUILDING OR THE SURROUNDING AREA; AND

(2) THE DESIGN OF FRONTAGES TAKES INTO ACCOUNT BOTH THE BUILDING(S) OF

WHICH THEY FORM PART AND THE NEIGHBOURING PROPERTIES; AND (3) THE FRONTAGE IS DESIGNED WITHIN THE EXISTING FRAMEWORK OF

ARCHITECTURAL DETAILS AND SUCH DETAILS ARE PRESERVED; AND (4) FASCIAS ARE NOT UNDULY LARGE OR PROMINENT WITHIN THE STREET SCENE;

AND (5) IN CONSERVATION AREAS THE PROPOSALS MEET A HIGH STANDARD OF

TRADITIONAL DESIGN APPROPRIATE FOR THE AREA. SUCH DEVELOPMENT WILL BE GUIDED BY SUPPLEMENTARY PLANNING GUIDANCE WHICH HAS BEEN APPROVED BY THE BOROUGH COUNCIL.

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Listed Buildings

3.45. Listed Buildings are important because they represent the best of our historic and architectural built heritage. The Government's PPG15 describes them as a 'finite resource and an irreplaceable asset'. It establishes two particularly important principles relating to their conservation: firstly, a general presumption in favour of the preservation of Listed Buildings, and secondly, an emphasis on active use, usually an economically viable use, as the best way of securing their upkeep. Maidstone retains a rich legacy of fine buildings, many of which are listed as Buildings of Special Architectural or Historic Interest, including some of national importance.

3.46. Once a building has been listed, it is an offence to demolish or alter or extend it in any manner which would affect its Special Architectural or Historic Interest without a Listed Building Consent obtained from the Secretary of State for Environment, Transport and the Regions, or the Borough Council. This control also extends to any object or structure fixed to a building and to most buildings or other structures within the curtilage of a Listed Building. In addition, special care needs to be taken over the design of proposals which affect the setting of a Listed Building.

3.47. The Council regards the stock of Listed Buildings in its area as a finite resource which is increasing in importance as time goes on. In cases where it is deemed appropriate the Borough Council may require an archaeological survey of the building to be carried out before determining applications for alterations or extensions in order that the full implications of the proposal may be understood. POLICY ENV9 DEVELOPMENT INVOLVING PROPOSALS TO EXTEND OR ALTER A LISTED BUILDING, OR ANY FEATURES OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST WHICH CONTRIBUTE TO THE REASONS FOR ITS LISTING WILL NOT BE PERMITTED UNLESS IT WOULD PRESERVE THE BUILDING, ITS SETTING AND ANY FEATURES OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST THE BUILDING POSSESES. POLICY ENV10 CONSENT WILL ONLY BE GRANTED FOR THE DEMOLITION OF A LISTED BUILDING IN EXCEPTIONAL CIRCUMSTANCES. IN CONSIDERING PROPOSALS WHICH INVOLVE THE DEMOLITION OF LISTED BUILDINGS THE COUNCIL WILL HAVE REGARD TO: (1) EFFORTS MADE TO CONTINUE THE PRESENT USE, OR TO FIND A SUITABLE

ALTERNATIVE USE; AND (2) THE CONDITION OF THE BUILDING, THE COST OF REPAIRING AND MAINTAINING

IT IN RELATION TO ITS IMPORTANCE AND VALUE DERIVED FROM ITS CONTINUED USE; AND

(3) THE MERITS OF ALTERNATIVE PROPOSALS FOR THE SITE. IF EXCEPTIONALLY, PERMISSION IS GIVEN TO DEMOLISH A LISTED BUILDING SO THAT REDEVELOPMENT OF THE SITE MAY TAKE PLACE, PERMISSION WILL BE SUBJECT TO A CONDITION THAT DEMOLITION IS NOT CARRIED OUT UNTIL PLANNING PERMISSION HAS BEEN GRANTED AND A CONTRACT LET TO CARRY OUT THE REDEVELOPMENT SCHEME. POLICY ENV11 A CHANGE OF USE OF PART, OR THE WHOLE OF A LISTED BUILDING WILL BE GRANTED PERMISSION IF ITS CHARACTER AND FEATURES OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST WOULD BE PRESERVED OR ENHANCED. PROPOSALS FOR A CHANGE OF USE SHOULD INCORPORATE DETAILS OF ALL THE INTENDED ALTERATIONS TO THE BUILDING AND ITS CURTILAGE, TO DEMONSTRATE

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THEIR EFFECT ON ITS APPEARANCE, CHARACTER AND SETTING WHICH SHOULD BE EITHER PRESERVED OR ENHANCED.

3.48. The setting of a Listed Building is often an essential feature of its character. Accordingly, such areas will require particularly careful treatment to ensure that development protects and enhances that character. POLICY ENV12 PROPOSALS FOR DEVELOPMENT WILL NOT BE PERMITTED IF THEY WOULD HARM THE SETTING OF A LISTED BUILDING.

Conservation Areas

3.49. As well as protecting individual buildings, the Borough Council has powers of protection with regard to whole areas of special interest, through the designation of Conservation Areas. These are defined as Areas of Special Architectural or Historic Interest, the character or appearance of which it is desirable to preserve or enhance.

3.50. Government policy towards Conservation Areas is set out in PPG15. This advice makes it clear that conservation (whether by preservation or enhancement) of character or appearance must be a major consideration in Conservation Areas and that, although this cannot mean preventing all new development, the emphasis will need to be on controlled and positive management of change.

3.51. Within Conservation Areas similar powers to those for Listed Buildings govern demolition works, and additional powers also exist to protect trees. There are over 40 Conservation Areas within the Borough and these are shown on the Proposals Map. (A list of Conservation Areas in the Borough is set out in Appendix 1.) The Borough Council is committed to undertaking a review of Conservation Areas and may designate new Conservation Areas or amend boundaries of existing Conservation Areas. Any such proposals will be subject to full public consultation prior to any designation taking place. Policies ENV13, ENV14 and ENV15 shall apply to existing and any future Conservation Area designations. POLICY ENV13 NEW DEVELOPMENT AFFECTING A CONSERVATION AREA WILL ONLY BE PERMITTED IF ALL THE FOLLOWING CRITERIA ARE MET: (1) THE SITING AND ALIGNMENT OF NEW BUILDINGS SHALL ENHANCE THE

APPEARANCE OF CONSERVATION AREAS AND SHALL PAY SPECIAL RESPECT TO THE HISTORIC STREET PATTERN AND URBAN AND VILLAGE SPACES; AND

(2) BUILDING MATERIALS SHALL BE CHARACTERISTIC OF THE LOCALITY AND

SYMPATHETIC TO THOSE OF NEARBY BUILDINGS. WALLS, FENCES AND GATES SHALL BE OF A KIND TRADITIONALLY USED IN THE LOCALITY; AND

(3) THE MASS, DESIGN AND HEIGHT OF BUILDINGS SHALL BE IN SCALE AND

HARMONY WITH THE ARCHITECTURE OF ADJOINING BUILDINGS, AND THE DENSITY AND MIX OF USES SHALL BE IN CHARACTER WITH THE AREA AS A WHOLE.

3.52. In order to help protect the existing character and appearance of Conservation Areas and to secure worthwhile improvements, it is important that existing buildings are not demolished without a new building scheme being ready for early construction. This will reduce the risk of sites being cleared of buildings and then lying vacant for long periods.

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POLICY ENV14 IN CONSIDERING PROPOSALS FOR THE DEMOLITION OF AN UNLISTED BUILDING IN A CONSERVATION AREA THE BOROUGH COUNCIL WILL NOT GRANT CONSENT WHERE THE BUILDING MAKES A POSITIVE CONTRIBUTION TO THE CHARACTER AND APPEARANCE OF THE AREA, UNLESS IT CAN BE DEMONSTRATED THAT THE BUILDING IS WHOLLY BEYOND REPAIR, IS INCAPABLE OF REASONABLE BENEFICIAL USE, IS INAPPROPRIATE IN TERMS OF STRUCTURE OR DESIGN OR WHERE ITS REMOVAL OR REPLACEMENT WILL BENEFIT THE CHARACTER OF THE AREA. THE COUNCIL WILL SEEK TO ENSURE THAT DEMOLITION WILL BE IMMEDIATELY FOLLOWED BY REDEVELOPMENT.

3.53. Both public and private sectors have a profound influence on the character of Conservation

Areas but often the operations of public authorities and utility companies are not subject to planning consent. In visually sensitive areas, the Borough Council will take particular care to ensure that parking areas, street works and public utility works do not harm the appearance or character of the surroundings. Work which is of a routine nature, or intended to supply a functional need of the town, can often alter the appearance of streets - for example, by re-surfacing, the erection of signs, overhead cables, street lights or the installation of gas flues on buildings. The Borough Council will be vigilant in protecting Conservation Areas from undesirable changes and will publish proposals for detailed enhancement schemes.

3.54. The Borough Council, in partnership with the Civic Trust Regeneration Unit, is in the process of preparing a streetscape Manual for the town centre. The Manual will provide a strategic framework to co-ordinate the design and details of works within the public realm associated with future development opportunities, enhancement projects, pedestrianisation schemes and lighting proposals.

POLICY ENV15 CONSERVATION AREAS WILL BE PRESERVED OR ENHANCED THROUGH THE DESIGN OF STREET SURFACES, STREET FURNITURE, PARKING AREAS AND ANY WORKS UNDERTAKEN BY THE UTILITY COMPANIES.

Ancient Monuments of National Importance

3.55. Archaeological remains are irreplaceable and are a vital part of our cultural heritage and sense of national identity. Many sites are already recognised for their importance and are designated as Scheduled Ancient Monuments. Sites currently scheduled are shown on the Proposals Map. (A list of Scheduled Ancient Monuments in the Borough is set out in Appendix 2.)

3.56. Government policy on archaeology and planning matters is set out in PPG16 - “Archaeology and Planning”. For nationally and internationally important sites both scheduled and unscheduled, the Government establishes a presumption against damaging development and in favour of preservation. The key requirement is that policies should aim, as far as possible, to prevent development which would adversely affect either the archaeological deposits, or remains on or under the site, or its character or setting, and should preferably seek to ensure preservation in situ.

3.57. Where development proposals affect a Scheduled Ancient Monument, consent must be obtained from the Secretary of State for National Heritage. The Government also advises that authorities should bear in mind that not all nationally important sites will be scheduled. The following policy is intended to give effect to this Government advice.

POLICY ENV16 PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD FAIL TO PRESERVE THE ARCHAEOLOGICAL VALUE AND INTEREST OF NATIONALLY IMPORTANT ARCHAEOLOGICAL REMAINS OR THEIR SETTINGS,

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WHETHER SCHEDULED OR NOT, INCLUDING THOSE DEFINED ON THE PROPOSALS MAP.

Other Archaeological Sites

3.58. Details of other archaeological sites in the Local Plan area are contained in the Archaeological

Sites and Monuments Record in the County Planning Department. On the basis of the information contained in the Record a number of areas of archaeological potential will be marked on the Borough's constraints map. Within these areas further consideration will be given to the possible archaeological implications if development were to take place. It is certain that further archaeological sites remain to be discovered, either through research or evaluation prior to making planning decisions.

3.59. Prospective developers should consult the Borough Council at an early stage, preferably prior to submitting a formal planning application, in order to establish the possible archaeological implications of any proposals. In certain cases developers may be expected to furnish information, prior to the determination of an application, on the nature and quality of any archaeological remains on the site. In order to obtain the requisite information, archaeological evaluation may be necessary to a specification and standard approved by the Borough Council. An archaeological statement/evaluation may also be required in respect of any large-scale development proposals affecting land outside areas of archaeological potential.

3.60. The Borough Council will seek to avoid damage to important archaeological sites, through sympathetic design which avoids archaeological disturbance and preserves the site in situ, which is the preferred solution. Where this is not feasible the Council will ensure that appropriate archaeological investigation takes place in advance of any development.

3.61. Archaeological assessment and field evaluation should generally establish the presence or

absence of archaeological remains, but in the event of development revealing an archaeological site, the Borough Council will encourage development work to stop, pending consultation with the local authority to determine if any rescue archaeological investigations should be undertaken. POLICY ENV17 PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT WHICH WOULD HAVE A DETRIMENTAL EFFECT ON REMAINS OF LOCAL ARCHAEOLOGICAL VALUE IF THE IMPORTANCE OF THE DEVELOPMENT OUTWEIGHTS THE LOCAL VALUE OF THE REMAINS. IF PLANNING PERMISSION IS GIVEN FOR DEVELOPMENT WHICH WOULD AFFECT REMAINS OF LOCAL ARCHAEOLOGICAL VALUE, CONDITIONS WILL BE IMPOSED TO ENSURE THAT THE REMAINS ARE PROPERLY RECORDED AND EVALUATED AND, WHERE PRACTICABLE, PRESERVED. POLICY ENV18 IF PLANNING PERMISSION IS GRANTED TO DEVELOP ANY SITE WHERE THERE ARE ARCHAEOLOGICAL REMAINS OR THERE IS GOOD REASON TO BELIEVE THAT SUCH REMAINS EXIST, CONDITIONS WILL BE IMPOSED TO SECURE THE EXCAVATION AND RECORDING OF THE ARCHAEOLOGICAL REMAINS AND THEIR REMOVAL OR PRESERVATION IN WHOLE OR IN PART, IF JUSTIFIED, BEFORE DEVELOPMENT BEGINS.

Parks and Gardens of Special Historic Interest

3.62. The English Heritage Register of Parks and Gardens of Special Historic Interest in England identifies six such sites within the Borough. These are Chilston Park, Hush Heath Manor, Leeds Castle, Linton Park, Boughton Monchelsea Place, and Mote Park.

3.63. Referring to the English Heritage Register, the Government's PPG15 encourages local planning authorities to protect registered parks and gardens through Local Plan policies. The effect of

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proposed development on a registered park or garden or its setting is a material consideration in the determination of planning applications.

POLICY ENV19 PARKS AND GARDENS OF SPECIAL HISTORIC INTEREST, AS DEFINED ON THE PROPOSALS MAP, WILL BE PROTECTED FROM DEVELOPMENT WHICH WOULD HAVE AN ADVERSE EFFECT UPON THEIR SITES OR SETTINGS.

3.64. In addition to the National Register, the Kent Gardens Compendium identifies a number of sites within Maidstone Borough which are of historic value and which are of county level importance. Policy ENV18 of the Kent Structure Plan provides a framework for the protection of these historic parks and gardens. Accordingly, the Borough Council will ensure that development protects and enhances these sites. (A list of Parks and Gardens of Historic Interest in the Borough is set out in Appendix 3.) POLICY ENV20 THE PARKS AND GARDENS OF HISTORIC INTEREST AS IDENTIFIED IN THE KENT GARDENS COMPENDIUM AND AS DEFINED ON THE PROPOSALS MAP, WILL BE PROTECTED FROM DEVELOPMENT WHICH WOULD HAVE AN ADVERSE EFFECT UPON THEIR SITES OR SETTINGS.

Strategic Transportation Corridors

3.65. The character, appearance and functioning of the strategic transportation routes within the Borough are important in terms of their influence on the perceptions of visitors and potential investors.

3.66. The railway or road journey to an unfamiliar destination evokes initial impressions about a place and often determines the attitude of a visitor. The Borough Council considers that in order to influence the perceptions of tourists and potential investors, particular attention should be paid to the treatment of new development within strategic transportation corridors. The Council will seek positive enhancement from new developments and will work alongside other agencies to investigate opportunities to undertake environmental improvement schemes along strategic transportation routes within the Borough. The Council's definition of strategic routes includes: motorways, 'A' class roads, rail links and footpaths of national and county significance. POLICY ENV21 DEVELOPMENT WILL NOT BE PERMITTED WHICH WOULD HARM THE CHARACTER, APPEARANCE AND FUNCTIONING OF STRATEGIC ROUTES WITHIN THE BOROUGH.

Urban Open Space

3.67. The urban areas of the Borough and the surrounding villages include many open areas. Some of these open areas are parks, playing fields and allotments managed for public recreational purposes. Others such as school playing fields, hospital grounds and private sports fields have restricted access.

3.68. Whether public or private, these open spaces make a significant contribution to the overall quality of the environment. Firstly, they provide relief from continuous built development and in some instances provide a setting which is of considerable landscape quality or tranquillity. Secondly, environmental quality is a key component in attracting inward investment and visitors to the Borough. Environmental quality comes in part from the presence of nearby open land which, as well as providing attractive surroundings, also generates little noise or traffic in comparison to other uses. In some locations, particularly in densely developed parts of the town, an open area provides a strong contrast to the normal street scene. The protection of open areas for visual

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and townscape reasons is secured by Policy ENV22. The importance of open areas for recreational reasons is covered by Policy ENV23.

3.69. Although it may be important to keep an open space for visual, recreational, or environmental

reasons it may also be appropriate to consider alternative means of achieving this. Three main options are available. The Borough Council or a local group could develop the land as a public open space; the owner could agree to do the same; or the most important parts could be kept and the rest developed with buildings. The Borough Council will follow whichever of these options is most appropriate. POLICY ENV22 IN DEALING WITH APPLICATIONS TO DEVELOP EXISTING OPEN AREAS WITHIN THE URBAN AREAS AND VILLAGE SETTLEMENTS, THE BOROUGH COUNCIL WILL HAVE REGARD TO: (1) THE VISUAL CONTRIBUTION WHICH THE EXISTING SITE AND THE PROPOSED

DEVELOPMENT WILL MAKE TO THE URBAN OR VILLAGE LANDSCAPE; AND (2) THE NEED TO UPHOLD AND IMPROVE THE APPEARANCE OF THE LOCALITY,

WITH PARTICULAR EMPHASIS IN MORE DENSELY DEVELOPED AREAS; AND (3) THE NEED TO CONSERVE WILDLIFE HABITATS.

Open Space and Recreation

3.70. Sport and recreation play a valuable role in society and it is therefore an important function of this Local Plan to ensure that adequate land is made available for organised sport, informal recreation and children's play space.

3.71. National policy advice contained in PPG17 recognises that such uses have major land use implications and that it is for local planning authorities to identify deficiencies in public open space and recreation provision, and to justify the amount and location of new provision against other competing interests.

3.72. Open space and recreation facilities can be separated into categories depending on their function. Firstly, there are areas which are laid out to provide formal sporting facilities, these include such facilities as football pitches, tennis courts or bowling greens. Secondly, there are areas which provide informal play space provision where for example children's play equipment is provided. This category itself can be further broken down depending on the equipment provided and the location of the area in relation to the population that it serves. Thirdly, there is public open space which may not provide any specific function other than as a place to enjoy the open air. These public open spaces are often not formally laid out and could include such elements as public footpaths on the urban fringe, open land with public access or parks and gardens. Such informal open areas are often also of value both as wildlife habitats and as places where people can appreciate wildlife without having to travel long distances. In many cases the existing parks and open spaces within the Borough fulfil a combination of these functions.

3.73. The existing situation within Maidstone Borough is that there is a hierarchy of open spaces, all of which serve different functions depending on their size, location and the facilities that are provided.

3.74. In the town some 182 hectares of open space are concentrated at Mote Park, and just outside Maidstone a further 112 hectares are located at Cobtree Manor Park. These two parks are an asset to the town‟s community but they do not necessarily contribute to the everyday recreational needs of all residents particularly those who live on the opposite side of the town.

3.75. Thus there is a need to consider the distribution of open space relative to areas of population. In addition to the two major parks described above, there are other areas of open space including

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20 local parks ranging from two to eight hectares in size, such as Clare Park, South Park and Penenden Heath, plus a number of smaller recreation grounds and play areas. In the town centre there are a number of formal areas including Brenchley Gardens, Old Palace Gardens and College Gardens and there are opportunities to enhance this provision related to the Rivers Medway and Len.

3.76. However when older residential areas close to the town centre were constructed little attention was given to the provision of open space. Such areas include Lower and Upper Fant and the area north of the prison. This is difficult to rectify due to the built up nature of these locations and the absence of sites available for conversion to provide open space. Opportunities do arise through dedication of surplus institutional land such as school playing fields, or by their joint use by the public.

3.77. Inadequate open space facilities may also be a problem for rural villages, notwithstanding the surrounding countryside which is usually only accessible by public footpath. In order to maintain and where necessary enhance the Borough's recreation and open space provision, it is the objective of the policies in this Local Plan to: (i) protect the existing open spaces and recreation facilities within the Borough; and

(ii) identify and where necessary rectify deficiencies in the quantity and quality of recreation

facilities and open spaces; and

(iii) develop standards for the provision of new recreation facilities and open space where new development generates the need for such additional facilities (see Housing Chapter - Policy H37).

Loss of Open Space and Recreation Facilities

3.78. Within the urban area and villages, land becomes available from time to time for redevelopment, in particular the release of surplus educational or health authority land which has provided valuable open space. Such authorities are charged with a duty to maximise the revenue from disposal of such assets, but in some circumstances these sites can be retained as open space.

3.79. In terms of visual amenity, the issue of development on existing open spaces within the built up areas of Maidstone and the villages is dealt with under policy ENV22 in this chapter. Generally such open spaces whether public or private, give structure to the urban area and their loss would make many parts of the built environment less attractive.

3.80. In cases where the open space makes a contribution to the overall provision in the locality the loss of open space, sports facilities and children's play space will be firmly resisted. If there is a proven overriding need for the redevelopment, the Borough Council will require alternative provision to be made which is of an equivalent community benefit. POLICY ENV23 PROPOSALS FOR NEW DEVELOPMENT WHICH WOULD RESULT IN THE NET LOSS OF OPEN SPACE OR SPORT AND RECREATION FACILITIES, WILL NOT BE PERMITTED UNLESS THERE IS A PROVEN OVERRIDING NEED FOR THE DEVELOPMENT AND THERE IS NO DEFICIENCY OF OPEN SPACE OR RECREATION FACILITIES IN THE LOCALITY AND ALTERNATIVE PROVISION OF AN EQUIVALENT COMMUNITY BENEFIT CAN BE PROVIDED TO REPLACE THE LOSS.

Site Specific Public Open Space Allocations

3.81. In addition to open playing space required at new development sites under policy H37, the following site specific proposals are listed in Policy ENV24. These specific proposals will be

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implemented either by the Council or by the private sector as part of developments allocated in this Plan.

(i) Land at New Cut Road, Vinters Park is allocated as an extension to the existing Vinters

Valley Park Local Nature Reserve; (ii) Grove Green - major public open space provided by developers in conjunction with a

substantial housing site. Layout to include playing fields for formal sport;

(iii) Sandling Road Allotments - small play area for local children in established residential area;

(iv) Walnut Tree Farm, Tovil - playing fields on waste disposal tip reclaimed by Kent County

Council to be dedicated to the Borough Council;

(v) River Len – under-utilised land exists beside the River Len between Wat Tyler Way and Square Hill Road. It is a long term intention of the Borough Council to create a linear park along the river bank, ultimately connecting the town centre to Mote Park;

(vi) Land adjoining the River Medway, Maidstone Barracks - open space between the Barracks

and the river will be retained for public use, layout to include site for rowing club;

(vii) Weavering Street - public open space to be provided by developers in conjunction with a substantial housing site;

(viii) Glebe Field, Harrietsham - public open space to be provided in conjunction with residential

development;

(ix) Land allocated for public open space in conjunction with new housing development at Hockers Farm, Detling;

(x) Land to be dedicated to the community as a landscaped countryside area in conjunction

with the mixed use development allocation at the adjoining Langley Park Farm West (see Policy H8);

(xi) Bridge Nursery, Allington - public open space to be provided in conjunction with residential

development (see Policy H13);

(xii) Hayle Place, Tovil - land to be set out as a country park for informal recreation use, in conjunction with new housing development, to be maintained through a management plan. (see Policy H14); and

(xiii) Land allocated for a woodland park in conjunction with new housing development on land

East of Hermitage Lane, Maidstone (see Policy H12). POLICY ENV24 LAND IS ALLOCATED FOR PUBLIC OPEN SPACE AT THE FOLLOWING LOCATIONS: (i) VINTERS PARK; (ii) GROVE GREEN; (iii) SANDLING ROAD ALLOTMENTS; (iv) WALNUT TREE FARM, TOVIL; (v) RIVER LEN - WEST OF SQUARE HILL ROAD;

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(vi) LAND ADJOINING THE RIVER MEDWAY, MAIDSTONE BARRACKS; (vii) WEAVERING STREET; (viii) GLEBE FIELD, HARRIETSHAM; (ix) HOCKERS FARM, DETLING; (x) LAND ADJOINING LANGLEY PARK FARM WEST; (xi) BRIDGE NURSERY, ALLINGTON; (xii) HAYLE PLACE, TOVIL; AND (xiii) LAND EAST OF HERMITAGE LANE, MAIDSTONE.

Allotments

3.82. There are allotment sites at a variety of locations across the Plan area. In general, supply somewhat exceeds demand, and there is no identified need to provide further facilities at the present time. The Council will review the situation from time to time, and may require developers to make provision for allotments at major new housing areas, if demand and the distribution of existing sites justifies it.

3.83. In general the Council will seek to retain the existing level of occupied allotments. In certain circumstances it might be appropriate to relocate allotments in order to permit an alternative beneficial use of land. If this eventuality arises, the Borough Council will require to be satisfied that alternative provision is made near at hand, and that ground conditions are fully appropriate. POLICY ENV25 DEVELOPMENT OF ALLOTMENTS FOR OTHER USES WILL NOT BE PERMITTED UNLESS ALTERNATIVE PROVISION IS MADE NEAR AT HAND, AND GROUND CONDITIONS ARE FULLY APPROPRIATE.

Public Footpaths

3.84. The Borough Council wishes to encourage the provision of a fully accessible, well maintained and well publicised public path network throughout the countryside. In particular it considers that rights of way which provide access to local countryside from urban areas offer great opportunities for informal recreation. Paths which link with public transport also offer scope to those who would otherwise have limited opportunities to visit the countryside. POLICY ENV26 PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT AFFECTING ANY PUBLIC RIGHT OF WAY UNLESS THE PROPOSALS INCLUDE EITHER THE MAINTENANCE OR THE DIVERSION OF THE PUBLIC RIGHT OF WAY AS A ROUTE NO LESS ATTRACTIVE, SAFE AND CONVENIENT FOR PUBLIC USE. POLICY ENV27 PROPOSALS TO IMPROVE AND EXTEND THE FOOTPATH, CYCLEWAY AND BRIDLEWAY NETWORK WILL BE PERMITTED PROVIDED THEY: (1) ARE INTEGRATED WITH EXISTING ROUTES; AND (2) DO NOT HARM RESIDENTIAL AMENITIES; AND (3) DO NOT HARM NATURE CONSERVATION INTERESTS; AND

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(4) TAKE INTO ACCOUNT THE NEEDS OF AGRICULTURE; AND (5) ARE LOCATED AND DESIGNED TO REDUCE OPPORTUNITIES FOR CRIMINAL

BEHAVIOUR; AND (6) HAVE REGARD TO THE NEEDS OF DISABLED PERSONS; AND (7) HAVE REGARD TO THE NEEDS OF OTHER USERS OF THE ROUTE AND

VEHICULAR TRAFFIC.

Other Sports Facilities

3.85. In accordance with Government advice set out in PPG17, the Borough Council will encourage the provision of additional sporting and recreation facilities where appropriate. Provision of such facilities by developers might be considered as an alternative to general public open space where a particular need is identified, and where the overall level of public open space would not be compromised.

3.86. In considering proposals for any new sporting or leisure facilities, the Borough Council will require to be satisfied that other policies in this Local Plan for the provision of public open space and the protection of the environment, especially the countryside, are not prejudiced.

Countryside

3.87. The urban and village development boundaries shown on the Proposals Map identify the built-up extent of urban Maidstone and the larger villages in the Borough. The countryside is defined as all those parts of the Plan area that are not within the development boundaries. The countryside is an important part of our national heritage, not least for the distinctiveness of its landscape and buildings, its intrinsic beauty, and the diversity of its wildlife. These finite assets have come under increasing pressure from the spread of towns and villages, roads and some aspects of farming.

3.88. Government advice in PPG7 deals with the “Countryside - Environmental Quality and Economic

Development”. In line with other Planning Guidance recently issued by Government, PPG7 emphasises the importance of sustainable development by integrating the following objectives:

(i) meeting the economic and social needs of people who live and work in rural areas,

promoting the efficiency and competitiveness of rural businesses;

(ii) conserving the character of the countryside - its landscape, wildlife, agricultural, recreational, cultural/historic and natural resource value - for the benefit of present and future generations;

(iii) accommodating necessary change while maintaining and enhancing the quality of the

environment for local people and visitors;

(iv) improving the viability of existing villages and market towns by promoting opportunities for both housing and employment on a suitable scale, and reducing the need for increased commuting by car to urban centres; and

(v) recognising the interdependence of urban and rural policies - encouraging urban

regeneration and promoting attractive urban areas helps to reduce unacceptable pressures on the countryside.

3.89. The Structure Plan recognises the need to protect the countryside for its own sake and to ensure

that the varying demands made on it are complementary and respect its importance as an entity.

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3.90. The policies contained within the now superseded Local Plans have been successful in

restraining harmful development in the countryside whilst encouraging diversification to sustain the rural economy.

3.91. The following policies in this section of the Plan, together with other policies in this Plan such as

policies ENV5 and ENV6 which deal with landscaping, and Policy T23 in the Transportation Chapter, seek to build upon the Borough Council's existing commitments, by protecting and enhancing the character and local distinctiveness of the Borough's rural environment, and ensuring that any development necessary to sustain the rural economy is accommodated in such a way as not to harm the countryside. POLICY ENV28 THE COUNTRYSIDE IS DEFINED AS ALL THOSE PARTS OF THE PLAN AREA NOT WITHIN THE DEVELOPMENT BOUNDARIES SHOWN ON THE PROPOSALS MAP. IN THE COUNTRYSIDE PLANNING PERMISSION WILL NOT BE GIVEN FOR DEVELOPMENT WHICH HARMS THE CHARACTER AND APPEARANCE OF THE AREA OR THE AMENITIES OF SURROUNDING OCCUPIERS, AND DEVELOPMENT WILL BE CONFINED TO: (1) THAT WHICH IS REASONABLY NECESSARY FOR THE PURPOSES OF

AGRICULTURE AND FORESTRY; OR (2) THE WINNING OF MINERALS; OR (3) OPEN AIR RECREATION AND ANCILLARY BUILDINGS PROVIDING OPERATIONAL

USES ONLY; OR (4) THE PROVISION OF PUBLIC OR INSTITUTIONAL USES FOR WHICH A RURAL

LOCATION IS JUSTIFIED; OR (5) SUCH OTHER EXCEPTIONS AS INDICATED BY POLICIES ELSEWHERE IN THIS

PLAN. PROPOSALS SHOULD INCLUDE MEASURES FOR HABITAT RESTORATION AND CREATION TO ENSURE THAT THERE IS NO NET LOSS OF WILDLIFE RESOURCES.

Environmental Impact Assessments

3.92. Department of the Environment Circular 15/88 identifies development projects which will require an environmental assessment if they are „likely to have significant effects on the environment‟ by virtue of factors such as their nature, size or location. The three main types of case identified are: (i) major projects which are of more than local importance; (ii) projects on a smaller scale (occasionally) which are proposed for particularly sensitive or

vulnerable locations; and (iii) projects with unusually complex and potentially adverse environmental effects (small

number), where expert and detailed analysis of those effects would be desirable and would be relevant to the issue of the principle of whether or not the development should be permitted.

3.93. The Circular emphasises that the basic test of the need for environmental assessment in a

particular case is the likelihood of „significant‟ environmental effects.

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Best and Most Versatile Agricultural Land

3.94. Following the deletion of Areas of Special Significance for Agriculture from the Kent Structure Plan Third Review there is a need to protect high quality agricultural land in the Borough.

3.95. Advice from Central Government in PPG7 restates the national policy to protect the best and most versatile agricultural land (MAFF Grades 1, 2 and 3a) from irreversible development. The Kent Structure Plan advocates that whilst the strongest protection should be given to the best and most versatile agricultural land, the long term potential of other agricultural land should also be protected for reasons of sustainability.

3.96. The following policy confirms the Borough Council's intention to protect agricultural land in accordance with Government advice and strategic policies except where there is a proven overriding need identified in the Development Plan. POLICY ENV29 THE COUNCIL WILL NOT PERMIT DEVELOPMENT WHICH RESULTS IN THE IRREVERSIBLE LOSS OF THE BEST AND MOST VERSATILE AGRICULTURAL LAND (MAFF GRADES 1, 2 AND 3A) EXCEPT WHERE THIS LOCAL PLAN HAS ALLOCATED LAND FOR DEVELOPMENT BECAUSE OF AN OVERRIDING NEED.

Anti-Coalescence Policies

3.97. Metropolitan Green Belt: A small area on the western edge of the Borough is included within the Metropolitan Green Belt. The designation extends up to the Borough boundary between Teston and Wateringbury and there is also an area to the south-west of Wateringbury and west of the River Medway, which includes the settlements of Nettlestead and Nettlestead Green.

3.98. Green belts are a long-standing strategic planning tool designed primarily to control the spread of inappropriate development and the coalescence of towns. Among other acknowledged achievements Green Belts afford protection to the countryside around most of England's major urban areas. The 1995 revision of the Government's PPG2 reaffirms the traditional purposes of defining Green Belts, and emphasises that their fundamental aim is to control inappropriate development.

3.99. Kent Structure Plan Policy MGB3 adopts a strong presumption against permitting inappropriate development within the Green Belt, unless it conforms with the open recreation functions of the Green Belt or is directly related to agriculture or other uses appropriate in a rural area. This Local Plan defines the boundaries of the Green Belt, within which Kent Structure Plan policy MGB3 will apply. POLICY ENV30 THE AREA AND BOUNDARIES OF THE METROPOLITAN GREEN BELT ARE SHOWN ON THE PROPOSALS MAP.

3.100. Protection of a Strategic Gap: Policy MK5 of the Kent Structure Plan requires the separation of Maidstone and the Medway Gap urban areas from the Medway Towns, and from each other, and the separation of existing settlements on the east and west sides of the River Medway to be retained.

3.101. In accordance with this Structure Plan Policy, the Borough Council believes that the open countryside to the north and north west of the town should be afforded protection against significant additional development which would prejudice the character and independence of Maidstone as a settlement. In association with adjoining Authorities, the Borough Council has

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identified a strategic gap, the boundaries of which will secure the continued separation of urban Maidstone from neighbouring settlements.

POLICY ENV31 DEVELOPMENT WHICH SIGNIFICANTLY EXTENDS THE DEFINED URBAN AREAS OR THE BUILT UP EXTENT OF ANY SETTLEMENT OR DEVELOPMENT, WITHIN THE STRATEGIC GAP AS DEFINED ON THE PROPOSALS MAP WILL NOT BE PERMITTED.

3.102. Protection of the Southern Anti-Coalescence Belt: The Borough Council wishes to protect

the rural settlements surrounding Maidstone from coalescing with the urban area and with each other.

3.103. The rural settlements and intervening countryside to the north and west are afforded protection

under the Strategic Gap which ensures the continued separation of Maidstone from Medway Towns and Malling urban areas. Settlements to the south of Maidstone have equally strong individual characters and in many cases are more vulnerable because they are closer to each other and to the urban area.

3.104. The Council believes that the area to the south of Maidstone, broadly extending from Coxheath to

Langley, is an area which requires added protection beyond the general countryside restraint afforded by policy ENV28. There are acute development pressures in this area which, when coupled with the proximity of settlements to each other and to Maidstone's urban area, renders these settlements vulnerable to coalescence. Also within this area, there are many small parcels of land, which due to their limited size and the effect of development on their character and appearance may be difficult to protect under normal countryside restraint policies. The development of such sites would lead to both coalescence and consolidation of the scattered settlements in the area, much to its detriment. Consequently the Borough Council will operate the following policy.

POLICY ENV32 WITHIN THE SOUTHERN ANTI-COALESCENCE BELT AS DEFINED ON THE PROPOSALS MAP, DEVELOPMENT WHICH SIGNIFICANTLY EXTENDS THE DEFINED URBAN AREA OR THE BUILT UP EXTENT OF ANY SETTLEMENT, OR WHICH, AS A RESULT OF INFILLING, CONSOLIDATES EXISTING AREAS OF DEVELOPMENT, WILL NOT BE PERMITTED.

Important Landscapes

3.105. The Kent Downs Area of Outstanding Natural Beauty: Substantial parts of the English countryside have been designated as being of national importance, either as National Parks, Areas of Outstanding Natural Beauty or Heritage Coast.

3.106. Areas of Outstanding Natural Beauty in England are designated by statute for the purpose of conserving and enhancing natural beauty. Government policy for such areas is set out in PPG7. This states that in these areas, conservation of natural beauty should be given significant weight in planning policies. There should be special consideration of the environmental effects of proposals, while at the same time having due regard to the social and economic well being of these areas.

3.107. The Borough includes part of the Kent Downs Area of Outstanding Natural Beauty within which the Borough Council will protect the national importance of the area and the particular character and qualities of the designation, and will seek to ensure that all development is sympathetic with the natural beauty of the area as far as possible.

POLICY ENV33 WITHIN THE KENT DOWNS AREA OF OUTSTANDING NATURAL BEAUTY AS DEFINED ON THE PROPOSALS MAP, THE CONSERVATION OF THE NATURAL

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BEAUTY OF THE LANDSCAPE WILL BE GIVEN PRIORITY OVER OTHER PLANNING CONSIDERATIONS. WITHIN THIS AREA: (1) ANY DEVELOPMENT WHICH WOULD ADVERSELY AFFECT THE NATURAL BEAUTY

OF THE LANDSCAPE WILL BE STRONGLY RESISTED; AND (2) SMALL SCALE DEVELOPMENT REQUIRED TO MEET THE SOCIAL AND ECONOMIC

NEEDS OF RURAL COMMUNITIES WILL BE PERMITTED PROVIDED THAT SUCH DEVELOPMENT IS CONSISTENT WITH THE PROTECTION OF THE NATURAL BEAUTY OF THE LANDSCAPE; AND

(3) MAJOR INDUSTRIAL OR COMMERCIAL DEVELOPMENT WILL BE STRONGLY

RESISTED UNLESS THEY ARE PROVEN TO BE IN THE NATIONAL INTEREST INCAPABLE OF BEING LOCATED OUTSIDE THE AONB; AND

(4) WHERE DEVELOPMENT IS PERMITTED THE DESIGN, SITING AND MATERIALS OF

NEW BUILDINGS SHOULD REFLECT THE TRATITIONAL CHARACTER OF BUILDINGS IN THE AREA, AND SHOULD CONSERVE THE NATURAL BEAUTY OF THE LANDSCAPE; AND

(5) ALL PROPOSALS WILL BE SUBJECT TO A VIGOROUS EXAMINATION OF THEIR

ENVIRONMENTAL IMPLICATIONS. ALL PROPOSALS FOR LARGE SCALE DEVELOPMENTS LIKELY TO HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT WITHIN THE AONB SHOULD BE ACCOMPANIED BY AN ENVIRONMENTAL IMPACT STATEMENT.

3.108. Special Landscape Areas: At county level the Kent Structure Plan identifies Special Landscape Areas which represent distinctive landscapes throughout Kent. County level landscapes are non-statutory, but the need for them has now been firmly established through successive Structure Plan reviews.

3.109. Kent has one of the most diverse landscapes in lowland Britain. It is widely known as the 'Garden of England', and also as Britain's main gateway to Continental Europe. Its landscape character is also subtly different from other English counties containing the greatest concentration of orchards, hops and market gardening.

3.110. The three existing Special Landscape Areas falling within Maidstone Borough, the North Downs, the High Weald and the Greensand Ridge are confirmed in the Kent Structure Plan, and in addition a new Special Landscape Area on the eastern part of the Low Weald is proposed.

3.111. The Low Weald has been recognised as a landscape of county level importance due to its distinctive character which is most consistently represented within the eastern part of the area. This part of the Low Weald contains a wealth of visual interest with a consistent presence of characteristic features such as small, intimate pastures, contained by strong hedgerows, mature trees, shaws and woodlands, meandering streams, farm ponds and winding country lanes, and a particular concentration of fine domestic architecture and attractive, small villages and farmsteads.

3.112. The Borough Council will protect the Special Landscape Areas by giving priority to the landscape over other planning considerations when dealing with applications for development within these designated areas. POLICY ENV34 IN THE NORTH DOWNS, GREENSAND RIDGE, LOW WEALD AND HIGH WEALD SPECIAL LANDSCAPE AREAS, AS DEFINED ON THE PROPOSALS MAP, PARTICULAR ATTENTION WILL BE GIVEN TO THE PROTECTION AND CONSERVATION OF THE SCENIC QUALITY AND DISTINCTIVE CHARACTER OF THE AREA AND PRIORITY WILL BE GIVEN TO THE LANDSCAPE OVER OTHER PLANNING CONSIDERATIONS.

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3.113. Areas of Local Landscape Importance: These designated areas perform a vital local function by demarcating particular distinctive features which are important to Maidstone specifically. Areas such as the valley of the River Medway to the south west of Maidstone, the Loose Valley to the south, and other areas around the periphery of Maidstone town provide local distinctiveness which is unique to Maidstone's identity.

3.114. A number of Areas of Local Landscape Importance were identified in the now superseded Maidstone Borough Local Plan and Medway Towns Local Plan and these areas have been carried forward into this Plan.

3.115. The Areas of Local Landscape Importance perform a variety of functions as follows: (i) The Medway Valley, from the south-west of Tovil to North Lodge, Hunt Street - An area of

attractive countryside stretching from Bow bridge deep into the urban area of Tovil; (ii) The Medway Valley, from Mill Meadow northwards to Allington Marina - An area of

attractive countryside centred around the River Medway extending from the boundary of the Borough into the centre of the town;

(iii) The Loose Valley - A narrow and steep sided valley centred on the Loose stream and

ponds which forms a pleasant and secluded rural area stretching from Boughton Quarries into the urban area at Tovil;

(iv) Banky Meadow - An attractive undeveloped valley, separating the built-up areas of

Weavering Street and Bearsted, extending north-eastwards from Mote Park; (v) Vinters Park - A broad swathe of historic parkland which separates the housing areas of

Grove Green and Vinters Park stretching from Mote Park in the south to the northern boundary of the built-up area;

(vi) Turkey Mill - A former mill with Listed Buildings and associated pond in an attractive

landscaped setting, providing an important visual link from Mote Park in the south to Vinters Park in the north. The area offers potential for a further extension of public access along the Len Valley into the centre of the town;

(vii) Land between Woolley Road and Church Road, Otham - A woodland shaw providing a

valuable screen between the built-up area of the town and the open countryside to the east;

(viii) Yalding Lees to Beltring Halt - An area of attractive valley landscape centred on the River

Medway between Yalding Lees and Beltring; (ix) Church Landway, Bearsted - an important area of open land to the west of the Lilk Valley

providing a landscape setting for the village of Bearsted and the Holy Cross Church Conservation Area;

(x) North of the M2 - the area between the M2 motorway and the proposed Medway Towns

Southern Peripheral Road is an attractive wooded landscape which both defines and conceals development at Walderslade;

(xi) Beechen Bank - a prominent area of wooded landscape set on a steep sided slope which

provides a setting for the built up areas of Walderslade and Lordswood; (xii) Tunbury Valley - an important wooded valley which provides a landscape setting for the

residential areas at Tunbury Avenue and Impton Lane; and (xiii) Capstone, Darland, Lidsing - this area provides a substantial tract of undeveloped land

extending from the North Downs into the heart of the Medway Towns. It forms a

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particularly attractive and important landscape feature and the rolling farmland and woods in the Lidsing area provide an important view from the M2 motorway.

POLICY ENV35 THE FOLLOWING AREAS ARE DEFINED ON THE PROPOSALS MAP AS AREAS OF LOCAL LANDSCAPE IMPORTANCE: (i) THE MEDWAY VALLEY, FROM SOUTH-WEST OF TOVIL TO NORTH LODGE; (ii) THE MEDWAY VALLEY, FROM MILL MEADOW NORTHWARDS TO ALLINGTON

MARINA; (iii) THE LOOSE VALLEY, FROM TOVIL TO THE QUARRIES, BOUGHTON

MONCHELSEA; (iv) BANKY MEADOW, BETWEEN THE RAILWAY LINE AND THE BUILT UP AREA OF

BEARSTED; (v) VINTERS PARK, FROM ASHFORD ROAD TO BEARSTED ROAD; (vi) TURKEY MILL, ASHFORD ROAD, MAIDSTONE; (vii) LAND BETWEEN WOOLLEY ROAD AND CHURCH ROAD, OTHAM; (viii) YALDING LEES TO BELTRING HALT; (ix) CHURCH LANDWAY, BEARSTED; (x) NORTH OF THE M2, BETWEEN THE MOTORWAY AND THE SOUTHERN

PERIPHERAL ROAD; (xi) BEECHEN BANK, BETWEEN WALDERSLADE AND LORDSWOOD; (xii) TUNBURY VALLEY, BETWEEN TUNBURY AVENUE AND IMPTON LANE; AND (xiii) CAPSTONE, DARLAND AND LIDSING, BETWEEN THE NORTH DOWNS AND THE

MEDWAY TOWNS. IN THESE AREAS PARTICULAR ATTENTION WILL BE GIVEN TO THE MAINTENANCE OF OPEN SPACE AND THE CHARACTER OF THE LANDSCAPE AND ENCOURAGEMENT WILL BE GIVEN TO IMPROVEMENTS IN PUBLIC ACCESS.

Rural Lanes

3.116. Most of the rural lanes within the Borough have remained unchanged for many years. They form an essential part of the rural transport system, an integral part of the rural landscape and are a valuable nature conservation, historic, archaeological and recreational resource. Policy ENV13 of the Kent Structure Plan seeks to protect such rural lanes from changes which would damage their character, and where possible, encourages the enhancement of rural lanes.

3.117. The following policy seeks to protect rural lanes from adverse physical changes, and to promote the enhancement of their nature conservation, landscape and recreational functions. Where alterations to rural lanes are proposed the Borough Council will expect the use of traditional materials, construction methods and landscaping such as grass verges, stone setts and hedgerow planting. The use of modern urban features and materials such as raised concrete kerb stones, fencing and walls should be avoided.

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POLICY ENV36 IN CONSIDERING PROPOSALS FOR DEVELOPMENT IN THE VICINITY OF, OR BEING SERVED BY, RURAL LANES THE BOROUGH COUNCIL WILL ENSURE THAT THE PHYSICAL CHARACTER AND APPEARANCE OF RURAL LANES ARE MAINTAINED AND WILL SEEK THE ENHANCEMENT OF THEIR LANDSCAPE, NATURE CONSERVATION, HISTORIC, ARCHAEOLOGICAL OR RECREATIONAL FUNCTION. SUCH CONSIDERATIONS WILL ALSO BE APPLIED TO PROPOSALS FOR HIGHWAY MAINTENANCE OR IMPROVEMENT.

River Corridors and Catchments

3.118. Rivers and river valleys have distinctive landscapes, are highly valued for recreation, and are often of great wildlife interest including a range of water-dependent habitats. They are also associated with rich assemblages of historical and cultural features and archaeological remains, particularly of an organic nature, which may survive where moisture levels in soils are high. They can, however, be a focus of conflict, for example with continuing development in the floodplain necessitating flood alleviation works which are out of sympathy with the river's natural character.

3.119. As a result, watercourses and their corridors (i.e. areas of land physically and visually linked to a river) need protection to minimise conflict between conservation and development and to manage and enhance their valuable linear character. When considering development proposals, the Council will seek the retention and enhancement of watercourses together with their natural banks. Where loss of channel through culverting, canalisation or infilling is unavoidable, the Council will seek compensation measures in the form of creation of new wetland areas. POLICY ENV37 DEVELOPMENT WHICH WOULD HARM THE CHARACTER, NATURE CONSERVATION, ARCHAEOLOGICAL AND RECREATIONAL IMPORTANCE OF WATERCOURSES AND THEIR CORRIDORS WILL NOT BE PERMITTED.

Nature Conservation

3.120. PPG9 - "Nature Conservation", states that the Government's objectives for nature conservation are to ensure that its policies contribute to the conservation of the abundance and diversity of British wildlife and its habitats, or to minimise the adverse effects on wildlife where conflicts of interest are unavoidable, and to meet its international responsibilities and obligations.

3.121. In addition to sites which have been formally recognised for their nature conservation value, many areas contain rich wildlife habitats. These include all types of unimproved and semi-improved grassland such as chalk downland or neutral grassland, wetlands, coastal habitats, lowland heath, as well as features such as reservoirs, road verges, and areas of wasteland. These habitats have nature conservation value both in their own right and as corridors, links or stepping stones joining one habitat to another.

3.122. The Borough Council has subscribed to the Kent Wildlife Habitat Survey which provides information on the county's nature conservation and landscape resources, and provides a base for decision making and countryside management measures. The “Countywide Habitat Survey” to the English Nature Phase 1 standard is a key resource in providing information to secure the conservation of the county's ecological heritage. It makes a positive contribution to planning by allowing development to be directed away from sensitive areas of nature conservation interest, and can be used to identify sites which could become Local Nature Reserves.

3.123. The policies contained in this section of the Plan aim to contribute towards the objectives of the

Kent Biodiversity Action Plan (BAP), which takes forward the Government's commitment to the Convention of Biological Diversity signed at the Earth Summit in 1992. The aim of the Kent BAP is to ensure the conservation and enhancement of biodiversity in Kent, and so contribute to the maintenance of national and global biodiversity. In pursuit of this aim, the Borough Council,

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when dealing with proposals for development, will actively seek the retention, enhancement and creation of wildlife interests in both urban and rural areas.

3.124. Sites of Special Scientific Interest (SSSIs): These sites are notified under the Wildlife and Countryside Act 1981 (as amended in 1985), and are the most important sites in England for wildlife and earth science conservation. All SSSIs need to be firmly protected from development that would have an adverse effect on their special interest. These effects may be direct or indirect and it needs to be recognised that development outside the boundary of an SSSI can have serious repercussions within the area (for example alterations to water tables some distance away).

3.125. There are a number of SSSIs within the Borough and these are shown on the Proposals Map. (A list of SSSIs in the Borough is set out in Appendix 4.) Definitive boundary maps of SSSIs are available from English Nature.

3.126. Whilst no sites of international nature conservation importance have yet been identified in the Borough, should such sites be designated within the Plan period, the Borough Council will follow the special procedures set out in PPG9 for considering proposals affecting these sites. POLICY ENV38 DEVELOPMENT WHICH WOULD HARM DIRECTLY OR INDIRECTLY A SITE OF SPECIAL SCIENTIFIC INTEREST, AS DEFINED ON THE PROPOSALS MAP, OR SUBSEQUENTLY NOTIFIED BY ENGLISH NATURE, WILL NOT BE PERMITTED UNLESS THE REASONS FOR THE DEVELOPMENT CLEARLY OUTWEIGH THE NATURE CONSERVATION VALUE OF THE SITE ITSELF AND THE NATIONAL POLICY TO SAFEGUARD THE NATIONAL NETWORK OF SUCH SITES. WHERE DEVELOPMENT IS PERMITTED THE BOROUGH COUNCIL WILL CONSIDER THE USE OF CONDITIONS OR PLANNING OBLIGATIONS TO ENSURE THE PROTECTION AND ENHANCEMENT OF THE SITE'S NATURE CONSERVATION INTEREST.

3.127. Sites of Nature Conservation Interest (SNCIs): Kent contains a rich variety of important wildlife habitats and geological or physiographical features. Sites of strategic importance to Kent include Sites of Nature Conservation Interest (SNCIs) which are designated by the Kent Wildlife Trust. These sites play an important role by providing a network of habitats throughout the county and it is important that they are afforded adequate policy protection. In dealing with development proposals, the Borough Council will have regard to the extent of disturbance and change, and the availability of alternative sites for the development. (A list of SNCIs in the Borough is set out in Appendix 5.)

3.128. Local Nature Reserves: The importance of local wildlife is recognised through the designation

of Local Nature Reserves. Local authorities designate these sites and the Borough Council will consult with English Nature and The Kent Wildlife Trust with regard to establishing Local Nature Reserves if suitable opportunities arise. POLICY ENV39 NEW DEVELOPMENT WHICH WOULD HARM SITES OF NATURE CONSERVATION INTEREST OR LOCAL NATURE RESERVES, AS DEFINED ON THE PROPOSALS MAP OR SUBSEQUENTLY DESIGNATED, WILL NOT BE PERMITTED UNLESS THERE IS A NEED WHICH OUTWEIGHS THE LOCAL WILDLIFE OR HABITAT INTEREST. WHERE DEVELOPMENT IS PERMITTED THE BOROUGH COUNCIL WILL CONSIDER THE USE OF PLANNING CONDITIONS OR PLANNING OBLIGATIONS TO ENSURE THE PROTECTION AND ENHANCEMENT OF THE SITE'S NATURE CONSERVATION INTEREST. POLICY ENV40 IF FEATURES OF NATURE CONSERVATION INTEREST ARE DISCOVERED, PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT UNLESS EITHER:

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(1) THE DEVELOPMENT WOULD NOT HARM THE FEATURES; OR (2) THE FEATURES WILL BE PROTECTED FROM HARM EITHER IN SITU OR BY

TRANSFER TO ANOTHER HABITAT; OR (3) THE IMPORTANCE OF THE DEVELOPMENT OUTWEIGHS THE VALUE OF THE

FEATURES.

Protection of Hedgerows

3.129. There are 1,158 kilometres of hedgerows within the Borough many of which provide a valuable wildlife habitat. Hedgerows also perform an important landscape function throughout the Borough from the North Downs where hedgerows enclose sunken rural lanes, to the Low Weald where hedgerows define a network of small fields and pastures.

3.130. Section 97 of the Environment Act 1995 gives statutory protection to hedgerows, the regulations

giving effect to this legislation were issued in June 1997. They enable local authorities to protect hedgerows which are of historic importance, are valuable to the landscape character, or are of wildlife interest. The Borough Council will seek to protect existing hedgerows by issuing Hedgerow Retention Orders where necessary. In considering proposals for development the planting of new hedgerows will be sought where appropriate.

Ponds, Marshlands and other Forms of Wetlands

3.131. Ponds, wetlands and marshland play a vital role in the environment. They provide essential habitats for wetland wildlife and enrich the landscape particularly in the smaller river valleys around Maidstone and also in the flat low lying Wealden countryside. Urban ponds and wetlands can be one of the best ways of bringing wildlife and the countryside into the town.

3.132. The Kent Wildlife Habitat Survey identifies 189 ponds, 36.6 hectares of marshland, 6.6 hectares

of swamp, 143 hectares of standing water, 0.2 hectares of intertidal shingle/cobbles, 27.3 kilometres (length) of standing water as well as marginal vegetation and running water in the Borough.

3.133. Ponds, wetlands and marshland are often overlooked, and many have been damaged or have

simply disappeared because of pollution, development, neglect and land drainage. There is no statutory protection for these important landscape and habitat types beyond that given to SSSIs and those scheduled as Ancient Monuments, but the Borough Council will seek to conserve their visual and wildlife function when considering development proposals. POLICY ENV41 DEVELOPMENT WILL NOT BE PERMITTED WHICH WOULD LEAD TO THE LOSS OF PONDS, WETLANDS AND MARSHLAND, OR WHICH WOULD HARM THEIR VISUAL AND WILDLIFE FUNCTIONS. WHERE THE LOSS OF A POND OR AREA OF WETLAND OR MARSHLAND CANNOT BE AVOIDED, A CONDITION WILL BE IMPOSED TO ENSURE THAT A REPLACEMENT IS CREATED.

Roadside Verges

3.134. Roadside verges are important and distinctive features in the landscape, particularly in the Low

Weald and on the North Downs. They comprise four basic types of habitat, these being woodland, hedgerows, grassland and ditches/streams. The Kent Wildlife Trust has identified roadside verges, which are important in terms of their plant and wildlife communities. Although careful management of these verges is essential and this is the role of the County Council as Highway Authority, the Borough Council has an important role to play through its planning

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function, by protecting verges from harmful development. (A list of Roadside Verges of Nature Conservation Interest in the Borough is set out in Appendix 6.) POLICY ENV42 DEVELOPMENT WILL NOT BE PERMITTED WHICH WOULD HARM THE ROADSIDE VERGES DEFINED ON THE PROPOSALS MAP.

Agricultural Buildings

3.135. Certain agricultural and forestry developments do not require planning permission provided that

the development falls within one of the categories set out in the Town and Country Planning (General Permitted Development) Order 1995. However, most of these permitted developments need to be submitted to the Council for their prior approval of siting, design and external appearance. Developments that are not covered by this Order require planning permission in the usual way.

3.136. It is vital for the functioning of the countryside that an efficient and flexible agricultural industry is maintained. However, it is important to ensure that development associated with agriculture and forestry does not conflict with wider environmental objectives. Accordingly, the Borough Council will apply the following policy when dealing with applications for agricultural development. POLICY ENV43 PROPOSALS FOR NEW AGRICULTURAL BUILDINGS ON LAND IN USE FOR AGRICULTURAL TRADE OR BUSINESS WILL BE PERMITTED PROVIDED THAT THE FOLLOWING CRITERIA ARE MET: (1) THE PROPOSALS ARE REASONABLY NECESSARY FOR THE PURPOSES OF

AGRICULTURE; AND (2) THE BUILDING IS LOCATED WITHIN OR ADJACENT TO AN EXISTING GROUP OF

BUILDINGS, UNLESS IT CAN BE DEMONSTRATED THAT A MORE ISOLATED LOCATION IS ESSENTIAL TO MEET THE NEEDS OF THE HOLDING. WHERE AN ISOLATED LOCATION IS ESSENTIAL THE SITE SHOULD BE CHOSEN TO MINIMISE THE IMPACT OF THE BUILDING ON THE CHARACTER AND APPEARANCE OF THE COUNTRYSIDE; AND

(3) THE PROPOSAL IS ACCOMPANIED BY AN INTEGRAL LANDSCAPING SCHEME,

REFLECTING THE LANDSCAPE CHARACTER OF THE AREA; AND (4) THE BUILDING IS OF A DESIGN WHICH IS SYMPATHETIC TO ITS SURROUNDINGS

IN TERMS OF SCALE, MATERIALS, COLOUR AND DETAIL; AND (5) THE PROPOSAL WILL NOT HAVE AN ADVERSE IMPACT ON THE CHARACTER OR

SETTING OF LOCAL SETTLEMENTS OR THE AMENITY OF EXISTING RESIDENTS; AND

(6) THE PROPOSAL IS COMPATIBLE WITH THE LANDSCAPE POLICIES OF THE PLAN;

AND (7) THE PROPOSAL WILL NOT HAVE AN ADVERSE IMPACT ON THE LOCAL HIGHWAY

NETWORK. Conversion of Rural Buildings for Commercial, Industrial, Sport, Recreation and Tourism Purposes

3.137. The favourable climate and growing conditions in Kent have resulted in particularly intensive

forms of agricultural production and many buildings and structures have been developed to support the agricultural industry. Some of these buildings (for example oasts, and timber framed

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barns) typify the historical development of agriculture in Kent and indeed many are listed for their architectural or historic interest. However, as the pattern of agriculture changes and land ownership becomes less fragmented, many of these buildings have become redundant for agricultural purposes. Although there is a general presumption against development in the countryside, appropriate diversification can assist the rural economy. Government advice in PPG7 states that the re-use and adaptation of existing rural buildings has an important role to play in meeting the needs of rural areas for commercial and industrial development, as well as for tourism, sport and recreation uses. Converting existing buildings can reduce demands for new building in the countryside, can encourage new enterprises and avoids leaving existing buildings vacant and prone to vandalism and dereliction.

3.138. In order to be considered for re-use a building must be of permanent and substantial

construction. The conversion must not lead to the dispersal of activity on such a scale as to prejudice town and village viability. The form, bulk and general design are in keeping with their surroundings, and if the buildings are in the open countryside, they are capable of conversion without major or complete reconstruction.

3.139. In accordance with Government advice in PPG7, the Borough Council's primary objective when

considering the conversion of buildings in the countryside is to sustain the rural economy by promoting the conversion of rural buildings for commercial, industrial, sport, recreational and tourism uses. However, because of the number and varying quality of rural buildings in the Borough, the Council has to approach re-use very carefully to ensure that the overall objective of safeguarding the countryside for its own sake is not prejudiced.

3.140. The re-use of buildings for commercial, industrial, sport, recreation and tourism purposes often

requires little in the way of physical works and the resulting impact in the countryside can therefore be minimal. Because of this, there is a greater range of buildings which are capable of accommodating industrial, commercial, sport, recreation and tourism uses without causing harm to the countryside.

POLICY ENV44 PROPOSALS FOR THE REUSE AND ADAPTATION OF EXISTING RURAL BUILDINGS FOR COMMERCIAL, INDUSTRIAL, SPORT, RECREATION OR TOURISM USES WILL BE PERMITTED WHERE: (1) THE BUILDING IS OF A FORM, BULK AND GENERAL DESIGN WHICH IS IN KEEPING

WITH ITS RURAL SURROUNDINGS; AND (2) THE BUILDING IS OF PERMANENT, SUBSTANTIAL AND SOUND CONSTRUCTION

AND IS CAPABLE OF CONVERSION WITHOUT MAJOR OR COMPLETE RECONSTRUCTION; AND

(3) ANY ALTERATIONS PROPOSED AS PART OF THE CONVERSION ARE IN KEEPING

WITH THE RURAL CHARACTER OF THE BUILDING IN TERMS OF DETAILED DESIGN AND MATERIALS; AND

(4) THE PROPOSED USE WILL NOT LEAD TO DISPERSAL OF ACTIVITY ON SUCH A

SCALE AS TO PREJUDICE TOWN AND VILLAGE VITALITY; AND (5) THE TRAFFIC GENERATED BY THE NEW USE CAN BE SAFELY ACCOMMODATED

BY THE SITE ACCESS AND LOCAL ROAD SYSTEM, WILL HAVE NO ADVERSE AFFECT ON THE AMENITIES OF LOCAL RESIDENTS, WILL NOT RESULT IN THE EROSION OF ROADSIDE VERGES, AND IS NOT DETRIMENTAL TO THE CHARACTER OF THE COUNTRYSIDE; AND

(6) THE PROPOSED USE WILL NOT HARM THE LOCAL ENVIRONMENT OR THE

AMENITIES OF LOCAL RESIDENTS THROUGH THE CREATION OF NOISE, DUST, SMOKE, FUMES, GRIT, VIBRATION OR ANY FORM OF WATER, SOIL OR AIR POLLUTION; AND

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(7) THERE IS SUFFICIENT ROOM IN THE CURTILAGE OF THE BUILDING TO PARK THE VEHICLES OF THOSE WHO WILL WORK OR VISIT THERE AND ALSO TO SERVE ITS USE, ALL WITHOUT DETRIMENT TO THE VISUAL AMENITY OF THE COUNTRYSIDE; AND

(8) NO COMMERCIAL, INDUSTRIAL, SPORT OR RECREATIONAL ACTIVITY OR

STORAGE OF RAW MATERIALS OR FINISHED GOODS IS TO TAKE PLACE OUTSIDE THE BUILDING; AND

(9) NO NEW FENCES, WALLS OR OTHER STRUCTURES ASSOCIATED WITH THE USE

OF THE BUILDING OR THE DEFINITION OF ITS CURTILAGE OR ANY SUB-DIVISION OF IT WILL BE ERECTED IF THEY WOULD HARM THE VISUAL AMENITY OF THE COUNTRYSIDE; AND

IN ADDITION, IN THE CASE OF A TOURIST USE: (10) THE AMENITY OF FUTURE OCCUPANTS WOULD NOT BE HARMED BY THE

PROXIMITY OF FARM USES OR BUILDINGS. IN THE CASE OF SELF-CATERING ACCOMMODATION A HOLIDAY OCCUPANCY CONDITION WILL BE ATTACHED, PREVENTING THEIR USE AS A SOLE OR MAIN RESIDENCE. THE CONDITION WILL LIMIT OCCUPATION TO A SPECIFIED TEN MONTH PERIOD IN ANY CALENDER YEAR.

3.141. Where planing permission is granted for the re-use of a rural building, any subsequent expansion or extensions to the building, or development within its curtilage will be considered against policy ENV28.

Conversion of Rural Buildings for Residential Purposes

3.142. The conversion of rural buildings to dwellings requires particular consideration. Such conversions have minimal positive impact on the rural economy and potentially have greater adverse impact on both the character of the building and the surrounding countryside. Residential conversions can be detrimental to the fabric and character of historic buildings, although, in some cases, it may not be possible to find a suitable re-use for a listed building or other rural building.

3.143. Once again, because of the number and varying quality of rural buildings in Maidstone Borough,

the Council must be careful that re-use for residential purposes does not conflict with the general restraint on housing in the countryside and indeed the protection of the countryside for its own sake. Accordingly, re-use of buildings for residential purposes will not be allowed unless it can be demonstrated that every effort has been made to secure business re-use, and that residential conversion is the only means of retaining buildings that are worthy of retention for their contribution to the character and appearance of the Kent countryside. POLICY ENV45 PROPOSALS FOR THE RE-USE AND ADAPTATION OF RURAL BULDINGS FOR RESIDENTIAL PURPOSES WILL NOT BE PERMITTED UNLESS: (A) EVERY REASONABLE ATTEMPT HAS BEEN MADE TO SECURE A SUITABLE

BUSINESS RE-USE FOR THE BUILDING; AND (B) RESIDENTIAL CONVERSION IS THE ONLY MEANS OF PROVIDING A SUITABLE RE-

USE FOR A LISTED BUILDING, AN UNLISTED BUILDING OF QUALITY AND TRADITIONAL CONSTRUCTION WHICH IS GROUPED WITH ONE OR MORE LISTED BUILDINGS IN SUCH A WAY AS TO CONTRIBUTE TOWARDS THE SETTING OF THE LISTED BUILDING(S) OR, OTHER BUILDINGS WHICH CONTRIBUTE TOWARDS THE

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CHARACTER OF THE COUNTRYSIDE OR WHICH EXEMPLIFY THE HISTORICAL DEVELOPMENT OF THE KENTISH COUNTRYSIDE;

AND ALL THE FOLLOWING CRITERIA ARE MET: (1) THE BUILDING IS OF PERMANENT, SUBSTANTIAL AND SOUND CONSTRUCTION,

AND ITS RE-USE CAN BE ACHIEVED WITHOUT MAJOR OR COMPLETE RECONSTRUCTION; AND

(2) THE FORM, BULK AND GENERAL DESIGN OF THE BUILDING IS IN KEEPING WITH

ITS SURROUNDINGS; AND (3) ANY CONVERSION WORK RESPECTS LOCAL BUILDING STYLES AND MATERIALS;

AND (4) THE TRAFFIC TO BE GENERATED BY THE NEW USE CAN BE SAFELY

ACCOMMODATED BY THE SITE ACCESS AND THE LOCAL ROAD SYSTEM; AND (5) THERE IS SUFFICIENT LAND AROUND THE BUILDING TO PROVIDE A

REASONABLE LEVEL OF OUTDOOR SPACE FOR THE OCCUPANTS, AND THE OUTDOOR SPACE PROVIDED IS IN HARMONY WITH THE CHARACTER OF ITS SETTING; AND

(6) THERE IS SUFFICIENT ROOM IN THE CURTILAGE OF THE BUILDING TO PARK THE

VEHICLES OF THOSE WHO WILL LIVE THERE WITHOUT DETRIMENT TO THE VISUAL AMENITY OF THE COUNTRYSIDE; AND

(7) NO FENCES, WALLS OR OTHER STRUCTURES ASSOCIATED WITH THE USE OF

THE BUILDING OR THE DEFINITION OF ITS CURTILAGE OR ANY SUB-DIVISION OF IT WILL BE ERECTED WHICH WOULD HARM THE VISUAL AMENITY OF THE COUNTRYSIDE.

3.144. Where planing permission is granted for the re-use of a rural building, any subsequent expansion or extensions to the building, or development within its curtilage will be considered against policy ENV28.

Equestrian Development

3.145. Horse riding is a popular leisure activity in the Borough and in recent years an increasing number

of horse related developments have taken place.

3.146. Whether planning permission is needed for the use of land and buildings for horses and equestrian activities depends on whether the horses are used for agricultural, recreational or commercial purposes. The use of land for grazing (which is part of the definition of agriculture in Section 336 of the Town and Country Planning Act 1990) is widely taken to include the grazing of horses and so does not require planning permission. The need for planning permission arises when horses are kept on the land. Horses are considered to be „kept‟ when their food is supplemented over and above any grazing that takes place or shelter is provided for them. This can be in the form of stables or field shelters. If these circumstances exist the land is no longer used for agricultural purposes but is used for the keeping of horses. Planning permission is necessary for this change of use.

3.147. In order to control the impact of new equestrian development in the countryside, the use of existing buildings is preferred over the erection of new structures to accommodate horses and associated equipment. Where this is not possible, the scale, siting, design, materials and landscaping of the proposed buildings and boundary treatments will be required to be in keeping with the countryside setting.

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3.148. Consideration must also be given to the provisions made for the security and safety of the

animals being kept on the land. In dealing with planning applications for equestrian development, the Council will only grant consent where the owners of the horses live near to to the site on an adjoining parcel of land where security for the animals can be provided. The existence of stables needing supervision cannot be used to justify the erection of a dwelling in an area where this would not normally be permitted.

POLICY ENV46 APPLICATIONS FOR DOMESTIC OR COMMERCIAL STABLES, OR ASSOCIATED EQUESTRIAN DEVELOPMENT WILL BE CONSIDERED AGAINST THE FOLLOWING CRITERIA:- (1) THE CONVERSION OF EXISTING BUILDINGS SHOULD BE USED IN PREFERENCE

TO NEW BUILT DEVELOPMENT; AND (2) NEW STABLES AND ASSOCIATED BUILDINGS SHOULD BE GROUPED WITH

EXISTING BUILDINGS ON THE SITE WHEREVER POSSIBLE; AND (3) ALL NEW DEVELOPMENT IS OF A DESIGN WHICH IS SYMPATHETIC TO ITS

SURROUNDINGS IN TERMS OF SCALE, MATERIALS, COLOUR AND DETAILS; AND (4) THE PROPOSAL IS ACCOMPANIED BY AN INTEGRAL LANDSCAPING SCHEME

INCLUDING BOUNDARY TREATMENTS WHICH REFLECT THE LANDSCAPE CHARACTER OF THE AREA; AND

(5) THE PROPOSAL CONTAINS AN APPROPRIATELY SITED AND DESIGNED AREA

FOR THE RECEPTION OF SOILED BEDDING MATERIALS AND PROVISION FOR FOUL AND SURFACE WATER DRAINAGE; AND

(6) ADEQUATE PROVISION IS MADE FOR THE SAFETY AND COMFORT OF HORSES IN

TERMS OF SIZE OF ACCOMMODATION AND LAND FOR GRAZING AND EXERCISING; AND

(7) ADEQUATE PROVISION IS MADE FOR THE SECURITY OF THE SITE IN TERMS OF

THE LOCATION OF THE PROPOSED DEVELOPMENT IN RELATION TO THE OWNERS OF THE ANIMALS; AND

(8) SITES SHOULD HAVE EASY ACCESS TO BRIDLEWAYS AND/OR THE

COUNTRYSIDE; AND (9) THE PROPOSAL WILL NOT HAVE AN ADVERSE IMPACT ON THE LOCAL HIGHWAY

NETWORK; AND (10) THE PROPOSAL WILL NOT HAVE AN ADVERSE IMPACT ON THE ENJOYMENT OF

NEIGHBOURING PROPERTIES; AND

(11) THE PROPOSAL WILL NOT HAVE AN ADVERSE IMPACT ON NATURE CONSERVATION INTERESTS.

Golf Courses

3.149. Whilst acknowledging the demand for golf facilities, and the current encouragement given to the

agricultural sector to find alternative uses for land not required for agricultural production, full regard needs to be given to the desirability of retaining existing land uses and to constraints on land from statutory and local designations.

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3.150. The provision of new golf facilities will be considered as a change of use, which under most circumstances can be expected to involve a considerable area of land, and which as a consequence has the potential to significantly alter the appearance and character of the local landscape. Additionally, development associated with golf courses, (i.e. clubhouse, car park, equipment storage), is often significant and equally requires careful consideration.

POLICY ENV47 NOTWITHSTANDING THE PROVISIONS OF POLICY ENV28 THE DEVELOPMENT OF GOLF COURSES OR OTHER EXTENSIVE RECREATIONAL FACILITIES IN THE COUNTRYSIDE, WILL ONLY BE PERMITTED IF: (1) THE PROPOSAL IS NOT HARMFUL TO THE CHARACTER AND THE AMENITY OF

THE COUNTRYSIDE; AND (2) ANY BUILDINGS PROPOSED ARE LIMITED TO PROVISION ANCILLARY TO THE

PARTICULAR RECREATIONAL USE AND ARE OF APPROPRIATE DESIGN, SCALE AND LOCATION TO MINIMISE THEIR IMPACT ON THE COUNTRYSIDE AND AMENITY; AND

(3) APPROPRIATE ACCESS ARRANGEMENTS CAN BE MADE AND CAR PARKING

ACCOMMODATED, WITHOUT DAMAGE TO THE CHARACTER OF THE COUNTRYSIDE; AND

(4) NATURE CONSERVATION INTERESTS ARE PROTECTED; AND (5) THERE IS NO IRREVERSIBLE LOSS OF THE BEST AND MOST VERSATILE

AGRICULTURAL LAND (MAFF GRADES 1,2 AND 3A); AND (6) THE PROPOSAL WILL NOT HAVE AN ADVERSE IMPACT ON ARCHAEOLOGICAL

SITES OR PARKS AND GARDENS OF SPECIAL HISTORIC INTEREST. Telecommunications

3.151. New telecommunications technology is now spreading rapidly to meet the growing demand for

better communications. Government policy towards such development is set out in PPG8 and is to facilitate the growth of telecommunications, including cellular radio, whilst respecting the appearance of the built and natural environment.

3.152. Certain telecommunications developments do not require planning permission by virtue of the Town and Country Planning (General Permitted Development) Order 1995. However, local authorities are able to exercise some control over the siting and appearance of these developments. In these cases, and in the case of telecommunications developments subject to full planning control the Borough Council will apply the following policy. Where proposals are granted under the provisions of policy ENV48 the Borough Council will require, by condition of the planning permission, the removal of the apparatus and supporting structures from the site as soon as is reasonably practicable after it is no longer required for telecommunications purposes. POLICY ENV48 DEVELOPMENT OF TELECOMMUNICATIONS FACILITIES OR APPARATUS INCLUDING PRIOR NOTIFICATION APPLICATIONS SUBMITTED UNDER THE TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER 1995, AS AMENDED, WILL BE PERMITTED PROVIDED IT IS DEMONSTRATED THAT: (1) THERE IS AN IDENTIFIED TECHNICAL NEED FOR THE DEVELOPMENT; AND (2) THERE IS NO PRACTICAL POSSIBILITY OF SHARING EXISTING FACILITIES THAT

WOULD MEET THE TECHNICAL NEEDS OF THE APPLICANT; AND

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(3) THERE IS NO PRACTICAL POSSIBILITY OF ERECTING ANTENNAE ON AN EXISTING BUILDING OR OTHER STRUCTURE WHERE THAT WOULD MEET THE TECHNICAL NEEDS OF THE OPERATOR; AND

(4) PROPOSALS ARE SITED, DESIGNED AND LANDSCAPED AND HAVE AN EXTERNAL

APPEARANCE WHICH MINIMISES ANY NEGATIVE IMPACT ON THE BUILT OR NATURAL ENVIRONMENT IN SUCH A WAY AS TO ACHIEVE AN ACCEPTABLE BALANCE BETWEEN THE TECHNICAL REQUIREMENTS OF THE OPERATOR AND CONSERVATION OF THE ENVIRONMENT; AND

(5) IN LOCATIONS AFFECTING AREAS OF OUTSTANDING NATURAL BEAUTY,

SPECIAL LANDSCAPE AREAS, PARKS AND GARDENS OF HISTORIC INTEREST, THE SETTING OF LISTED BUILDINGS, SCHEDULED ANCIENT MONUMENTS AND CONSERVATION AREAS, SITES OF SPECIAL SCIENTIFIC INTEREST AND SITES OF NATURE CONSERVATION INTEREST, OR WHICH RESULT IN THE LOSS OF ANCIENT WOODLAND AND/OR TREES, IT MUST BE DEMONSTRATED THAT THERE IS NO SUITABLE ALTERNATIVE LOCATION OUTSIDE THESE AREAS WHICH MEETS THE TECHNICAL NEEDS OF THE OPERATOR.

External Lighting

3.153. The Borough Council has experienced, in the recent past, an increase in the number of planning applications which include the provision of external lighting.

3.154. The Council recognises that carefully designed external lighting can be beneficial for outdoor sporting facilities. In some instances it is essential as a security measure. Additionally the creative use of external lighting is effective in achieving an interesting and varied night-time attraction. The Borough Council is presently pursuing a lighting strategy for the town centre which will enhance the vitality of the environment after dark.

3.155. The problems that are created by poorly designed external lighting have been more widespread in the countryside where the requirements of recreational facilities, such as golf driving ranges and football pitches, appear to demand more illumination.

3.156. In the villages and the urban area, security and advertisement illumination has become increasingly prominent and obtrusive in the night-time landscape.

3.157. The increase in the level of external illumination is generally more harmful in the rural area than in the urban area. Rural areas, by their nature, contain little development and hence light pollution compared to urban areas.

3.158. Inappropriate external lighting is not only visually prominent and obtrusive in the night-time landscape, but excessive light pollution can impact on wildlife, and is inefficient in energy terms. Poorly designed or badly aimed lighting is responsible for 'sky glow' where scattered light spills into, and colours the night sky, and reduces the visibility of the stars.

3.159. To enable the Borough Council to adequately control the effects of external lighting, all detailed planning applications, including applications for advertisement consent, which involve external lighting will be assessed against the following policy: POLICY ENV49 IN DETERMINING PROPOSALS FOR EXTERNAL LIGHTING THE BOROUGH COUNCIL WILL: (1) SEEK TO ENSURE THAT THE LIGHTING IS NECESSARY AND THE SCHEME

PROPOSED IS THE MINIMUM REQUIRED TO UNDERTAKE THE TASK SATISFACTORILY; AND

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(2) SEEK TO ENSURE THAT LIGHT SPILLAGE IS MINIMISED; AND (3) SEEK TO ENSURE THAT THE LIGHTING SCHEME DOES NOT ADVERSELY IMPACT

ON THE AMENITIES OF ADJOINING OR SURROUNDING OCCUPIERS; AND (4) SEEK TO ENSURE THAT THE LIGHTING SCHEME IS NOT VISUALLY DETRIMENTAL

TO ITS IMMEDIATE OR WIDER LANDSCAPE SETTING; AND (5) ENCOURAGE THE USE OF LOW LEVEL 'BOLLARD' LIGHTING WHERE

APPROPRIATE; AND (6) NOT ALLOW EXTERNAL LIGHTING WHICH DAZZLES OR DISTRACTS DRIVERS OR

PEDESTRIANS USING NEARBY HIGHWAYS. Protection of the Flood Plain

3.160. Areas of land adjacent to the rivers and watercourses which flow through the Borough are

susceptible to flooding. Generally, the Borough Council is opposed to development within the flood plains of watercourses which would obstruct flood flows or reduce flood storage, make flood conditions worse elsewhere and subject the development itself to the risk of flooding. In addition to new buildings and structures in the flood plain, the Council considers that the conversion of existing buildings and the intensification of existing development can in some instances exacerbate flood conditions, and risks of flooding, and will therefore be considered under the scope of this policy.

3.161. The extent of the flood plain in the urban area runs along the River Medway from Tovil to the high level railway bridge at Waterside. Rural areas which have been known to flood are Laddingford, Yalding, Collier Street, Marden, Staplehurst and Headcorn. The extent of the flood plains and other areas liable to flooding are identified by the Environment Agency. POLICY ENV50 WITHIN THE FLOOD PLAINS OR IN AREAS AT RISK FROM FLOODING, NEW DEVELOPMENT, THE INTENSIFICATION OF EXISTING DEVELOPMENT, OR LAND RAISING WHICH WOULD EXACERBATE FLOODING WILL NOT BE PERMITTED, UNLESS IT CAN BE DEMONSTRATED THAT COMPENSATING STORAGE CAN BE PROVIDED.

Surface Water Run-Off

3.162. In general, property law covers surface water run-off drainage disputes between neighbours, and it is not the function of the Local Plan to duplicate or supersede this legislation. However, unless carefully sited and designed, new development, or redevelopment, can increase the rate and volume of surface water run-off. In such cases where the increased risk of flooding is a material consideration, the development should include appropriate surface water run-off attenuation or mitigation measures, either by on-site control or off-site improvements to watercourses.

POLICY ENV51 DEVELOPMENT WILL NOT BE PERMITTED IF IT WOULD INCREASE THE RISK OF FLOODING AS A RESULT OF CHANGES IN SURFACE WATER RUN-OFF UNLESS THAT RISK CAN BE OVERCOME THROUGH MEASURES SECURED BY CONDITIONS ATTACHED TO A PERMISSION OR THROUGH A PLANNING OBLIGATION.

Contaminated Land

3.163. The principles of sustainable development encourage, where practicable, the recycling of despoiled, derelict or contaminated land into suitable new uses. Such recycling provides an opportunity to deal with the threats imposed by contamination to health or the environment, bring

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land back into beneficial use and minimise pressures on greenfield sites. The responsibility for providing information on whether a site is contaminated rests with the developer. Where contamination is suspected, investigations into the site appropriate to the proposed use, and the likely impact of development on surrounding land and the environment, will need to be carried out before a planning application is determined. Investigative works on contaminated sites should be carried out in consultation with the relevant pollution control authority, including the Borough Council's Environmental Health Officer, in order to determine appropriate treatment and the most suitable use. The development should then be designed to minimise risk.

POLICY ENV52 AN APPLICANT PROPOSING DEVELOPMENT ON OR NEAR A SITE WHERE THERE IS CONTAMINATION OR GOOD REASON TO BELIEVE THAT CONTAMINATION MAY EXIST, SHOULD CARRY OUT A SITE ASSESSMENT AND SUBMIT A REPORT OF THE FINDINGS TO ESTABLISH THE NATURE AND EXTENT OF THE CONTAMINATION. DEVELOPMENT WILL NOT BE PERMITTED UNLESS PRACTICABLE AND EFFECTIVE MEASURES ARE TO BE TAKEN TO TREAT, CONTAIN OR CONTROL ANY CONTAMINATION SO AS NOT TO: (1) EXPOSE THE OCCUPIERS OF THE DEVELOPMENT AND NEIGHBOURING LAND

USES INCLUDING, IN THE CASE OF HOUSING, THE USERS OF GARDENS, TO UNACCEPTABLE RISK; OR

(2) THREATEN THE STRUCURAL INTEGRITY OF ANY BUILDING BUILT, OR TO BE

BUILT, ON OR ADJOINING THE SITE; OR (3) LEAD TO THE CONTAMINATION OF ANY WATERCOURSE, WATER BODY OR

AQUIFER; OR (4) CAUSE THE CONTAMINATION OF ADJOINING LAND OR ALLOW SUCH

CONTAMINATION TO CONTINUE. USUALLY, CONTAMINATION SHOULD BE TREATED ON SITE. ANY PERMISSION FOR DEVELOPMENT WILL REQUIRE THAT THE REMEDIAL MEASURES AGREED WITH THE AUTHORITY MUST BE COMPLETED AS THE FIRST STEP IN THE CARRYING OUT OF THE DEVELOPMENT.

Environmental Appraisal

3.164. In accordance with PPG12, the policies in this chapter of the Plan have been subject to environmental appraisal. All of the policies score positively due to their objectives of protecting and enhancing the Borough's built, natural, social and environmental assets.

3.165. The policies which deal with the urban areas and village settlements satisfy the principles of sustainability by not only seeking the protection of the built environment, but also by aspiring to improve the quality of the social environment and attractiveness of these areas, and therefore reducing demands for new built development on fresh land, outside of the presently built-up confines of urban and village settlements.

3.166. In the countryside, once again, the policies achieve a positive impact by ensuring the protection of the rural environment including all of the Borough's natural assets.

3.167. In overall sustainability terms, the policies in this chapter of the Plan demand that environmental resources are safeguarded for future generations. The policies will ensure that any loss of environmental resources over the Plan period will be kept to an absolute minimum.

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Monitoring

3.168. PPG12 states that effectiveness of Local Plans should be monitored to ensure that policies and proposals remain relevant and up to date. The policies contained in this chapter will be monitored against the following indicators:

(i) the number of developments permitted that do not conform to the Council's noise

standards;

(ii) the number of protected trees and amount of protected woodland lost to development, and the amount of replacement planting associated with such losses;

(iii) the number of developments adversely affecting the historic features and special character

of Listed Buildings, Ancient Monuments and Conservation Areas;

(iv) the amount of development that degrades the open character or separation functions of the Metropolitan Green Belt, the Strategic Gap and the South Maidstone Anti-coalescence Belt;

(v) the amount of development that degrades the natural beauty of the North Downs Area of

Outstanding Natural Beauty, and of the Special Landscape Areas within the Borough;

(vi) the amount of development that has a prejudicial effect upon the open character or landscape function of the Areas of Local Landscape Importance;

(vii) the amount of wildlife habitat damaged by development within designated nature

conservation sites; and

(viii) the amount of best and most versatile agricultural land lost to development.

3.169. In addition to the specific indicators mentioned above, the effectiveness of the policies in this chapter will be monitored against development control decisions and Department of the Environment, Transport and the Regions appeal decisions.

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PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A

STRUCK THROUGH LINE E.G. H2. AS MORE OF THE LDF REPLACES THE 2000 LOCAL

PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS

IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL

CONTEXT OF THE POLICIES CAN STILL BE SEEN.

HOUSING

Introduction 4.1. This chapter of the Local Plan sets out the Council‟s housing policies, covering the urban, rural

and countryside areas throughout the Borough. It includes an assessment of housing land supply, and details new housing allocations to meet the provisions of the 1996 Structure Plan. It deals with the issues of extensions to residential properties, backland development, affordable housing, sheltered accommodation, nursing homes, flats, multiple occupation, local needs housing and public open space provision in residential schemes. It also covers the topics of new housing in the open countryside and in villages, agricultural dwellings, the change of use of agricultural land to garden land, residential caravans or mobile homes in the countryside, and accommodation for gypsies.

National and Strategic Context 4.2. It is the Government's view, shared by this Council, that an adequate supply of housing to an

acceptable standard should be within the reach of everyone. When considering future housing needs local authorities are advised to take into account not only expected household numbers, but also the age and size of households, affordability and special needs which will influence the kind of housing that should be provided. The scale and distribution of new provision and policies governing development should be designed to ensure that the needs of all sections of the population are met while maintaining the quality of the environment.

4.3. The regional context for the policies in this Plan is provided by RPG9 - "Regional Planning

Guidance for the South East" (March 1994). This draws attention to the fact that household numbers are increasing faster than the total population, due partly to greater longevity and to more people of all ages living on their own. Accordingly, local authorities are advised that development plans should ensure that additional housing is both affordable and meets the needs of the growing number of small households. In terms of overall numbers, RPG9 identifies a need for nearly 40,000 additional dwellings each year in the region excluding London. Of this, it considers that 5,800 should be provided each year in Kent, a total which exceeds every other county in the region with the exception of Hampshire.

4.4. Following the Public Inquiry into this Local Plan, the Government undertook a review of RPG9 and

published draft Regional Planning Guidance for public consultation purposes in March 2000. A summary of the response to the public consultation, together with a schedule of proposed additional changes to the Guidance document, was subsequently published for further consultation in December 2000. Draft figures seek an annual average rate of 39,000 additional dwellings in the South East (outside London), and the provision of 5,700 new homes per year in Kent. Again the provisions for Kent exceed all other counties with the exception of Hampshire.

4.5. Subsequent to the Public Inquiry, the Government has also published a revised Planning Policy

Guidance Note No. 3 – “Housing” (March 2000). The approach adopted in the preparation of this Local Plan generally meets the main objectives of the new guidance. Those objectives include the need to provide sufficient housing for all sectors of the community; to seek to create mixed communities and to offer a choice of housing types and locations; to maximise the redevelopment of previously developed (brownfield) sites; to create sustainable patterns of development; and to promote good design.

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4.6. However, the guidance does introduce more specific advice on housing densities for new developments, seeking to encourage density rates of between 30 and 50 dwellings per hectare. Generally, the dwelling yield from new housing sites allocated under policy H1 of this Local Plan has been calculated at a density rate of 25 units per hectare. The full implications of this change could not be taken on board due to the advance stage of preparation of this Local Plan. Nonetheless, PPG3 will be used as a material consideration when determining planning applications for allocated housing sites.

4.7. The 1996 Kent Structure Plan sets down the number of houses which should be provided in each

district across the county. The implications for Maidstone are set out in paragraphs 4.17 to 4.28 below. In addition, the Structure Plan observes that at Maidstone, options for new housing opportunities appropriate for examination should include opportunities for the redevelopment and recycling of land within the urban area. Where fresh land releases are necessary, it emphasises that these should be well related to the transport network and not in conflict with strategic nature conservation or landscape policies. It also states that the role of the Borough's rural settlements in contributing to post-2001 housing needs should be examined.

4.8. In accordance with regional guidance, the Structure Plan requires that in meeting the housing

quantities specified, local authorities should include provision for a substantial proportion of affordable homes and that on larger housing sites, authorities should seek the provision of a range of dwelling sizes and types to meet district needs for both family housing and smaller units of accommodation, together with a significant proportion of social housing appropriate to identified needs.

Local Context 4.9. The Borough continues to face particularly heavy pressures for housing development resulting in

conflict with countryside conservation policies. The rural areas surrounding Maidstone's defined settlements are of high environmental quality in terms of their landscape value, agricultural quality and nature conservation importance. This conflict between the need for housing land and the protection of the countryside has been a major factor in previous Local Plans and is a key issue in this Plan with the passage of time making the resolution of that conflict progressively more difficult.

4.10. In seeking to meet its strategic housing requirements the Borough Council has firstly considered

opportunities for development or redevelopment within the urban area, but substantial allocations of fresh land have also proved necessary. The approach adopted is set out in paragraphs 4.29 to 4.32 below. In recognising the high level constraints to development in the Borough, this Plan also restricts the loss of existing accommodation.

4.11. In addition to overall numbers the Borough Council must also consider the type of housing

required. A study of local housing needs confirms that provision should be made for small households and this Plan contains policies which respond to this need. However, in making provision for housing needs within existing built-up areas, the Council is conscious of the need to avoid „town cramming‟ and the importance of retaining urban open space.

Housing Objectives 4.12. In accordance with national and strategic guidance, it is the Borough Council's objective to help to

ensure an adequate supply of housing to an acceptable standard to meet identified needs. In terms of overall numbers, this Plan identifies sufficient land for new housing to meet strategic requirements. In accordance with sustainability principles, locations have been sought with a view to reducing car usage and minimising the impact of development on the landscape, the best and most versatile agricultural land and on conservation and wildlife interests.

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4.13. While meeting overall numerical requirements, the Council also seeks to ensure the provision of the type of accommodation necessary to meet identified local needs including affordable housing and appropriate accommodation for small households.

4.14. In recognition of the high level of constraints to the development of fresh land, the Borough

Council will resist the loss of existing residential accommodation. 4.15. This Plan also includes policies to protect the character and amenity of existing residential areas

and to encourage good quality design standards and appropriate open space provision for all new housing schemes.

4.16. The Borough Council will therefore pursue the following general housing objectives:

(i) to ensure an adequate and continuous supply of housing land to meet strategic housing

requirements;

(ii) to ensure the provision of a range of accommodation to meet identified housing needs;

(iii) to identify land for new housing in accordance with sustainability principles;

(iv) to encourage good design and the provision of community facilities required to serve new development;

(v) to protect the character and amenities of existing built up areas; and

(vi) to resist the loss of existing residential accommodation.

Calculation of Housing Land Supply 4.17. The Structure Plan housing provisions for Maidstone total 4,600 dwellings for the period 1991 to

2001 and a further 2,800 units for the period 2001 to 2006. During the Local Plan period the Borough Council will need to make provision for a total of 7,400 dwellings.

4.18. The base date for this Local Plan is mid-1996. However, for the purposes of assessing housing

land availability, the Borough Council must adopt a „snapshot‟ approach towards calculations. The latest published figures available are for 1998, so the base date used for housing calculations is 1 April 1998.

4.19. Not all of the 7,400 dwellings requirement will need to be found through new housing land

allocations because 2,850 new homes have already been built between 1991 and 1998. There are also a number of large housing sites (five or more units) with planning consents which had not been implemented by 1998. Government advice further provides for an allowance to be made for development on small sites (less than five units) and for unidentified large sites which are also known as „windfall sites‟ or „windfalls‟.

4.20. Outstanding planning permissions on large sites at 1 April 1998, including dwellings under

construction and part implemented consents, are set out below. The list only contains those sites which are phased to be implemented within the Local Plan period. These sites are included in the 1998 Housing Land Supply in Kent Study.

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Net Dwellings (i) Grove Green, Boxley 2 (ii) Area 8d Walderslade 1 (iii) Merton Road, Bearsted 8 (iv) Loose Road, Maidstone 66 (v) Westwood Garage, Bearsted 9 (vi) Ashford Road/Square Hill 38 (vii) Penenden Street, Maidstone 8 (viii) Turley Farm, Staplehurst 5 (ix) Gabriels Hill, Maidstone 5 (x) Oakwood Hospital, Maidstone 94 (xi) East of Yeoman Way, Bearsted 99 (xii) Canning Street, Maidstone 15 (xiii) Castle Road, Allington 215 (xiv) Linton Hospital, Coxheath 97 (xv) Green Pastures, Weavering 7 (xvi) South Snowfield, Bearsted 7 (xvii) R/o 47-49 Yeoman Way, Bearsted 11 (xviii) Postley Commercial Centre, Maidstone 33 (xix) Teston Garage, Teston 5 (xx) Three Musketeers, Lenham 5 (xxi) 50-54 Boxley Road, Maidstone 13 (xxii) Postley Road Stores, Maidstone 6 (xxiii) Pested Bars Road, Boughton Monchelsea 150 (xxiv) Off Buckland Lane, Maidstone 9 (xxv) Queen Elizabeth Square, Maidstone 44 (xxvi) R/o 196-232 Tonbridge Road, Maidstone 10 (xxvii) South Park Business Village, Maidstone 24 (xxviii) 37 Church Street, Tovil 6 (xxix) 54 Buckland Road, Maidstone 5 (xxx) The Fishers Arms P.H., Maidstone 6 (xxxi) 92-94 Queens Road, Maidstone 6

1,009

4.21. Of these dwellings, it is anticipated that all will be constructed within the Local Plan period

because planning consents that are constrained are excluded from the above list. However, following the recommendations from the Inspector‟s report on the Inquiry into this Local Plan, the Borough Council proposes to introduce a 10% contingency rate to allow for the possible non-implementation of large sites. This approach therefore reduces the contribution from this source by 101 units, to 908 dwellings.

4.22. Small sites which accommodate less than five units are not individually identified in the Housing

Land Supply studies, but a contribution from this source is estimated through an extrapolation of past trends. The estimate is updated on an annual basis, but at the base date for calculations this source yields 768 units.

4.23. An estimate for windfall sites is not so easily calculated. Government advice confirms that an

appropriate allowance for unidentified residential sites can be made when calculating housing land supply, but recommends that windfall calculations are restricted to sites of between 0.4 and one hectare. When determining the new housing provisions for Maidstone in the Structure Plan, the expected contribution from windfall sites was one of the factors the County Council took into account. A figure of 50% of past windfall rates was used to estimate the projected dwelling yield from this source, but it was agreed that this assumption appeared cautious and a greater dwelling contribution from windfalls was expected.

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4.24. However, there are a number of factors which are likely to influence windfall rates. First, the yield from large site windfalls has fluctuated considerably in recent years due to a number of reasons. Second, Maidstone's windfall sites have previously been used as a contingency for any shortfall of dwellings arising from small site projections and large site planning consents which fail to be implemented. Third, the Borough Council has identified a number of potential housing sites at Tovil which are constrained for various reasons and have therefore been excluded from housing land supply calculations. The development of these sites would considerably boost the Borough's yield from a windfall source.

4.25. The Borough Council has therefore resolved to use a windfall rate based on 50% of past trends

for sites of between 0.4 and one hectare because of the varying nature of dwelling contribution from this source. This rate provides an extremely cautious estimate of the dwelling yield and is considered to be all the more robust because of the identification of constrained housing sites which have not been included in housing land calculations.

4.26. An estimated windfall rate of 44 units per annum is used for calculation purposes at the base date

of 1998. Between 1998 and 2006, this rate is discounted by 18 months to take account of the fact that a planning permission granted in one year is unlikely to be constructed until the following year. Windfall estimates for the period 1998 to 2006 will therefore contribute 286 units to housing land supply. The County Council fully supports the methodology used to derive the windfall figure.

4.27. There are three housing allocations under policy H1 of the now superseded Maidstone Borough

Local Plan which have not been implemented or have been part implemented. Of the remaining former allocations, some sites have been granted planning permission and are listed under paragraph 4.20, and others are either no longer available or are constrained by various factors. The remaining three sites have been reassessed in terms of availability, site boundary and capacity, and are confirmed as housing land allocations in this Plan. These sites include parts of Oakwood Hospital, Maidstone; land at Lockmeadow, Maidstone; and part of land north of Marden Road, Staplehurst.

4.28. When all of these components of the Borough's housing land supply have been taken into

account, there remains a need to allocate further land for housing purposes.

The Location of New Housing Sites 4.29. In considering the best options for locating new housing development, the Borough Council has

paid particular attention to Government advice on sustainable development. In principle, this advice encourages locations where there is maximum access to existing facilities and to public transport, in order to reduce the general dependency on the private car. However, it is equally important to take account of environmental factors.

4.30. Accordingly, the Council has appraised over 100 potential development sites throughout the

Borough, in terms of access to shops, schools, employment opportunities, public transport and community facilities. Environmental concerns were also addressed through an assessment of the impact of development on the landscape, on the loss of best and most versatile agricultural land, and on conservation and wildlife interests.

4.31. An inevitable consequence of this approach is that the most sustainable development locations

are those within or adjoining existing large settlements where facilities are already provided. Conversely, locations in small villages and rural areas are not sustainable, so development in these areas has generally not been supported due to the high degree of dependency on the car for access to most services. Larger villages, where an argument in support of sustainable development can be made, were subject to residential allocations under the now superseded Maidstone Borough Local Plan and these allocations have only recently been implemented or part implemented. Nevertheless, additional sites at these larger villages could meet sustainable objectives.

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4.32. Unfortunately, the Borough Council cannot meet all of its housing provisions by allocating sites within the built-up areas of Maidstone, so some fresh land releases are necessary. This presents difficulties because, after decades of consistent growth, urban Maidstone's surrounding countryside is constrained in terms of its high value landscape, agricultural land quality and important habitats. It has been necessary to very carefully balance the overriding need for fresh housing land against these environmental constraints.

Housing Land Allocations 4.33. The Borough Council has therefore allocated several new housing sites and confirmed the

remaining allocations from the now superseded Maidstone Borough Local Plan. 4.34. Since the Borough Council has found it necessary to allocate fresh land for housing development

in areas where environmental constraints will be breached, many of the allocated sites will be required to meet a number of conditions, in order to achieve well planned residential schemes which are as sensitive as possible to their surroundings.

POLICY H1 THE FOLLOWING SITES AS DEFINED ON THE PROPOSALS MAP ARE

ALLOCATED FOR HOUSING DEVELOPMENT:

(i) KENT GARDEN CENTRE, LONDON ROAD, ALLINGTON 100

(ii) NORTH OF SUTTON ROAD, MAIDSTONE/OTHAM 266

(iii) FURFIELD QUARRY, BRISHING LANE, BOUGHTON MONCHELSEA 150

(iv) PESTED BARS ROAD, BOUGHTON MONCHELSEA 90

(v) FOUNTAIN PARK, ENTERPRISE ROAD, MAIDSTONE 150

(vi) TOVIL HILL, TOVIL 33

(vii) HOCKERS FARM, HOCKERS LANE, DETLING 7

(viii) STATION ROAD, HARRIETSHAM 13

(ix) UNION STREET, MAIDSTONE 35

(x) BUCKLAND HILL, MAIDSTONE 22

(xi) OAKWOOD HOSPITAL, QUEENS ROAD, MAIDSTONE *482

(xii) NORTH OF MARDEN ROAD, STAPLEHURST 150

(xiii) LANGLEY PARK FARM WEST, BOUGHTON MONCHELSEA/LANGLEY 325

(xiv) INVICTA WORKS, TESTON 18

(xv) NORTH OF HART STREET, LOCKMEADOW, MAIDSTONE 84

(xvi) HOOK LANE, HARRIETSHAM 70

(xvii) EAST OF HERMITAGE LANE, MAIDSTONE 380

(xviii) BRIDGE NURSERY, MAIDSTONE 80

(xix) HAYLE PLACE, TOVIL 100

(xx) WEST OF ROYAL ENGINEERS’ ROAD, MAIDSTONE 40

(xxi) OLIVER ROAD, STAPLEHURST 50

(xxii) SOUTH OF HART STREET, LOCKMEADOW, MAIDSTONE 112

(xxiii) MAIDSTONE EAST STATION, MAIDSTONE 30

(xxiv) FARLEIGH HILL, TOVIL 66

2,853

Note: * a further 48 units are allocated within the Oakwood Hospital site, but these dwellings have been omitted from the list for practical purposes because they are likely to be constructed in the post 2006 period. However, the Borough Council is happy to accept their development within this Plan‟s time scale should the units come forward earlier than expected.

4.35. To estimate the dwelling yield from the above allocated sites, a guideline of 25 dwellings per

hectare has been used in all cases except where more detailed density appraisals have been

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carried out. The standard used is based on past development rates throughout the Borough, and it is recognised that some sites may yield a higher or lower number of dwellings according to their location and individual site circumstances. The 25 units per hectare guide is used purely to estimate dwelling numbers for housing land availability purposes and is not intended to prejudge densities in advance of the consideration of a planning application. In fact, changes in Government policy to develop at higher densities, together with amended guidance on car parking standards and the design of „traffic-calmed‟ roads which take up less space within developments, will clearly yield future densities in excess of 25 units per hectare. This is an issue that will be closely monitored for the preparation of the next Local Plan.

4.36. In addition, the Borough Council anticipates that additional housing will become available through

the mixed-use development of sites and through the redevelopment for housing purposes of land currently in industrial use but located in substantially residential areas and poorly accessed for industrial traffic. These locations include the industrial areas at Tovil centred on Beaconsfield, Eccleston and Wharf Roads.

Meeting Housing Land Provisions 4.37. Once the residential land allocations are added to the Borough's housing supply, the Council is

able to meet the provisions set by the Structure Plan, as table 1 illustrates.

Table 1: Housing Land Provisions 1991 to 2006

Structure Plan Provisions 7,400

Completions 1991-1998 2,850

Large Site Planning Consents 908

Small Site Estimates 768

Windfall Sites 286

Local Plan Allocations 2,853

Housing Land Position +265

4.38. Taking into consideration the conservative nature of the windfall calculations, the 10%

contingency allowance for the non-implementation of large sites, the modest assumptions in relation to density and the anticipated housing opportunities at Tovil the Borough Council is confident that it will easily meet strategic requirements.

Requirements for New Housing Development 4.39. New housing development will be expected to meet the conditions and/or criteria of other policies

throughout this Local Plan. Development schemes must also accord with policies elsewhere in this Plan on issues such as design, public open space, noise standards, accessibility and parking standards. Where appropriate, development will also be expected to make contributions to retail, educational and other community facilities.

4.40. In order to meet the Structure Plan housing provisions, the Borough Council has found it

necessary to release a number of sensitive fresh land sites for development. 4.41. The Borough Council's appraisal of development sites also revealed a number of potential

constraints to development. In addition to meeting normal policy requirements, a number of the new housing allocations must also meet additional conditions to either remove constraints to development or to ensure that well planned residential schemes can be achieved that are as sensitive as possible to their surroundings. These issues will be resolved through conditions attached to planning consents or, where appropriate, through legal agreements.

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Kent Garden Centre, London Road, Allington 4.42. The Kent Garden Centre is allocated for 100 dwellings. The protection of the Strategic Gap and

the adjoining open countryside to the west and south-west of the allocation was a key consideration in the release of the Kent Garden Centre for development. The slope of the development site, rising from north to south, which will tend to intensify the visual impact of housing development on the land, was also cause for concern, although this impact could be mitigated by low density development and/or generous internal landscaping. The elevated southern section of the site should remain undeveloped, although it may make an appropriate contribution to the public open space requirement for the development.

4.43. To mitigate the effect of development on the landscape, the Borough Council will therefore require

a detailed landscaping scheme, to be submitted in accordance with policy ENV6, and the protection of the Strategic Gap to the west of the site.

4.44. The main access to the site will be from London Road, with a secondary pedestrian/emergency

access at Allington Way. 4.45. There is little or no known archaeological potential in this area, although a watching brief will be

required during construction in accordance with policy ENV18. 4.46. The educational needs of the development can be met through the expansion of existing schools,

although developer contributions will be required in accordance with policy CF1. Development proposals will also need to comply with other policies of this Local Plan, such as ENV2 and H24 which seek to achieve quality design in new residential development and to secure affordable housing.

POLICY H2 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT

THE KENT GARDEN CENTRE, MAIDSTONE AS SHOWN ON THE PROPOSALS MAP

PROVIDED THAT THE FOLLOWING REQUIREMENTS ARE SATISFIED:

(1) NEW PLANTING AS PART OF A LANDSCAPING SCHEME FOR THE ALLOCATION, IN

ORDER TO MITIGATE THE IMPACT OF BUILT DEVELOPMENT ON THE ADJACENT

COUNTRYSIDE AND FROM LONG DISTANCE VIEWPOINTS; AND

(2) THE TRANSFER OF WOODLAND TO THE WEST OF THE ALLOCATION TO THE

BOROUGH COUNCIL IN ORDER TO PROTECT THE STRATEGIC GAP; AND

(3) THE RETENTION OF OPEN LAND LOCATED ON THE ELEVATED SOUTHERN

SECTION OF THE SITE WITHIN A LANDSCAPING SCHEME, WHICH CAN MAKE AN

APPROPRIATE CONTRIBUTION TOWARDS PUBLIC OPEN SPACE REQUIREMENTS

FOR THE SITE.

North of Sutton Road, Maidstone/Otham 4.47. A key factor in the allocation of land to the north of Sutton Road is the retention of Bicknor Wood

which lies to the north of the allocation and which, together with a strip of woodland projecting southwards along the eastern boundary of the site, functions as a strong visual boundary and enclosure to development. Unfortunately, a large area of trees in Bicknor Wood was removed subsequent to the Borough Council‟s initial consideration of this site for housing development. The woodland issue has since been resolved and Bicknor Wood will eventually regenerate itself, although this will take a number of years to achieve. Consequently, the woodland does not offer the same quality or quantity of screening to the allocation that it once did.

4.48. The developers of the site have offered an alternative proposal which involves the provision of a

25 metre structural landscaping belt along the northern boundary of the site, which would also

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incorporate a pedestrian route and cycle way. The transfer of land to the ownership of the Borough Council would secure a visual barrier to development and would contain development.

4.49. However, the Borough Council‟s preferred option is the retention and enhancement of Bicknor

Wood as part of landscaping proposals. If the developers of the site are able to secure ownership of the woodland, the Borough Council would be prepared to accept Bicknor Wood as part of the 25 metre structural landscape belt along the allocation‟s northern boundary. The replanting of the woodland would then form part of proposals within the landscaping scheme for the site, to be approved by the Borough Council. The incorporation of Bicknor Wood into the structural landscape belt would release more land within the allocated site for housing purposes.

4.50. Bicknor Hole comprises a small piece of woodland located on the western boundary of the site. It

is prominently located and worthy of retention either as part of or in addition to the landscaping or public open space proposals for the development.

4.51. A suitably wide strip of landscaping will also be required along the Sutton Road frontage since the

allocated site abuts a rural landscape of some maturity and quality which is visible from a range of viewpoints. Generous clearance between built development and TPO trees will be essential.

4.52. A detailed landscaping scheme incorporating the woodland area of Bicknor Hole and the

protection of trees within and around the boundaries of the site, together with a minimum 25 metre structural landscaping belt along the northern boundary and an adequate landscaping strip along the southern boundary, will therefore be required as part of development proposals, in accordance with policy ENV6.

4.53. The Borough Council considers it essential that vehicular access to the site is restricted to Sutton

Road. An emergency access and a pedestrian/cycle link onto Gore Court Road, in order to gain access to existing public open space, will be required. Policy T8 sets out the provisions relating to cycling facilities in new developments. Since the development site is in several ownerships, it is imperative that highway and access proposals do not prejudice the comprehensive development of the allocation. Potential access constraints will be resolved through the preparation of a development brief, and/or the submission of detailed highway and access arrangements with any outline planning application for residential development. The planning application must show spurs from the main access point up to the boundaries of each of the land parcels in separate ownership.

4.54. The area has little or no known archaeological potential, although a watching brief in accordance

with policy ENV18 will be appropriate. 4.55. An assessment of road noise, in accordance with policy ENV4, will need to be approved by the

Borough Council before planning permission is granted. 4.56. The educational needs arising from the development can be met through the expansion of

existing schools in the area, although developer contributions will be required in accordance with policy CF1.

4.57. Development proposals will also need to provide for affordable housing under policy H24. 4.58. Given the location of the site, situated on one of the major approaches to the town centre together

with its wider landscape setting, proposals will need to have particular regard to the achievement of quality development in accordance with policy ENV2.

POLICY H3 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND NORTH OF

SUTTON ROAD AS SHOWN ON THE PROPOSALS MAP PROVIDED THAT THE

FOLLOWING REQUIREMENTS ARE SATISFIED:

(1) THE RETENTION OF BICKNOR HOLE AS PART OF A LANDSCAPING SCHEME FOR

THE SITE, TOGETHER WITH THE RETENTION AND PROTECTION OF TREES WITHIN

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AND ALONG THE BOUNDARIES OF THE SITE WHICH ARE THE SUBJECT OF

PRESERVATION ORDERS; AND

(2) THE PROVISION OF A 25 METRE (MINIMUM) STRUCTURAL LANDSCAPING BELT

ALONG THE SITE’S NORTHERN BOUNDARY INCORPORATING A PEDESTRIAN

ROUTE AND CYCLE WAY, WHICH WILL BE CONSTRUCTED AND PLANTED BEFORE

THE OCCUPATION OF THE FIRST DWELLING AND WILL BE CONVEYED TO THE

BOROUGH COUNCIL; AND

(3) THE PROVISION OF AN ADEQUATE LANDSCAPING STRIP ALONG THE SOUTHERN

BOUNDARY; AND

(4) VEHICULAR ACCESS IS TAKEN FROM ONE JUNCTION ON SUTTON ROAD; AND

(5) THERE IS PEDESTRIAN AND CYCLE ACCESS TO GORE COURT ROAD.

Furfield Quarry, Brishing Lane, Boughton Monchelsea 4.59. The northern ridge of land allocated at Furfield Quarry, where built development is proposed, will

be visible from some southern vantage-points. A dense landscaping belt along the site‟s southern boundary, of a minimum depth of 30 metres, will therefore be necessary to mitigate the impact of development on the countryside. In addition, structural landscape planting will be required on the site‟s north-western boundary, adjoining Brishing Lane, to offset the visual impact of development on the views from this approach to the urban area. This planting might take the form of an avenue of oak trees, echoing those present on the existing Park Wood recreation ground.

4.60. Long Shaw, the Ancient Woodland strip running north-south through the developable area of the

site, is an essential feature to retain and to bring into positive management as part of any landscaping proposals. Development will also need to be well set back from the woodland, by means of broad swathes of open space and new planting belts on either side to protect it from encroachment, and to prevent tree damage. Furthermore, the physical works involved in controlling gas emissions from the adjacent landfill site must not compromise the protection of Long Shaw.

4.61. The laying out and planting of the land to the south of the developable area, between the

structural landscape belt and the northern boundary of the former Furfield Quarry, to provide public open space and new woodland planting, will be expected to comprise an integral part of the development proposals for the site.

4.62. The Borough Council will therefore require the submission of a detailed landscaping scheme in

order to mitigate the effects of built development on Long Shaw and the rural area, in accordance with policy ENV6.

4.63. Two access points to the site will be required, to serve the eastern and western development

areas which are divided by the Ancient Woodland. There will be a requirement to widen Brishing Road and it will be essential to undertake traffic management measures on the southern sections of Brishing Lane and on Brishing Road to mitigate traffic movements. Improvements will also be required at the Sutton Road/Wallis Avenue (East) junction, in accordance with policy T23.

4.64. The need for a preliminary archaeological evaluation of the developable area of Furfield Quarry

was identified at an early stage in the appraisal of potential development sites, due to numerous archaeological finds in and around the quarry.

4.65. A field evaluation has been completed which suggests there is nothing of archaeological

significance in the field to the west of Long Shaw, although a watching brief during construction will be required, in accordance with policy ENV18.

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4.66. The east field revealed some interesting features, including indications of Romano-British activity and the possible presence of an Iron Age site. It is most likely that any archaeological features which should remain undisturbed can be incorporated into the public open space provision for the development. However, to ensure that due regard is given to Government advice contained in PPG16, development on this half of the site will be restricted to areas which are not of archaeological importance, in accordance with policy ENV17. A full planning application or details pursuant to an outline consent will therefore not be considered before a detailed archaeological survey has been carried out to the satisfaction of the Borough Council and County Archaeologist.

4.67. Due to the site's proximity to the landfill quarry to the south, a land contamination assessment has

been completed to test for the presence of heavy metals and methane gas which would indicate migration problems. The results of the assessment indicate that contamination is not a constraint to development but, to avoid any future risks, there will be appropriate conditions and legal agreements attached to any planning application. Therefore, the scheme required by policy H4 below will be expected to incorporate both physical measures in accordance with the current best practice and management arrangements to ensure the continuing safety of the development, whilst protecting the integrity of the southern margin of Long Shaw.

4.68. The educational needs arising from the development can be met through the expansion of

existing schools in the area, although developer contributions will be required in accordance with policy CF1. Development proposals will also need to comply with other policies of this Local Plan, such as ENV2 and H24 which seek to achieve quality design in new residential development and to secure affordable housing.

POLICY H4 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT FURFIELD

QUARRY, BRISHING LANE, BOUGHTON MONCHELSEA, AS DEFINED ON THE

PROPOSALS MAP, PROVIDED THAT THE FOLLOWING REQUIREMENTS ARE SATISFIED:

(1) A DENSE LANDSCAPING BELT, TO A MINIMUM DEPTH OF 30 METRES, IS

PROVIDED ALONG THE SITE’S SOUTHERN BOUNDARY; AND

(2) STRUCTURAL LANDSCAPE PLANTING IS PROVIDED ALONG THE SITE’S NORTH-

WESTERN BOUNDARY, ADJOINING BRISHING LANE; AND

(3) ANCIENT WOODLAND AT LONG SHAW IS RETAINED AND PROTECTED BY

SETTING DEVELOPMENT WELL BACK FROM THE WOODLAND, THROUGH THE

PROVISION OF ADDITIONAL OPEN SPACE AND NEW PLANTING; AND

(4) THE PROVISION OF PUBLIC OPEN SPACE AND NEW WOODLAND PLANTING ON

LAND BETWEEN THE STRUCTURAL LANDSCAPE BELT AND THE NORTHERN

BOUNDARY OF THE QUARRY; AND

(5) THE CONSTRUCTION OF TWO ACCESS POINTS, TO SERVE THE EASTERN AND

WESTERN DEVELOPMENT AREAS DIVIDED BY THE WOODLAND; AND

(6) THE WIDENING OF BRISHING ROAD, TOGETHER WITH THE PROVISION OF

TRAFFIC MANAGEMENT MEASURES ALONG THE SOUTHERN SECTIONS OF

BRISHING LANE AND BRISHING ROAD; AND

(7) IMPROVEMENTS TO THE SUTTON ROAD/WALLIS AVENUE (EAST) JUNCTION; AND

(8) THE SUBMISSION OF A SCHEME TO ENSURE THE CONTINUING PROTECTION OF

THE DEVELOPMENT FROM THE MIGRATION OF LANDFILL GAS FROM ADJACENT

LAND, WHILST PROTECTING THE INTEGRITY OF LONG SHAW, TO BE APPROVED

BY THE BOROUGH COUNCIL. THE APPROVED SCHEME WILL BE EXPECTED TO

ENCOMPASS CURRENT BEST PRACTICE AND, IN PARTICULAR, NO

DEVELOPMENT SHALL BE CONSTRUCTED WITHIN 50 METRES OF THE FILLED

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LAND. THE BOROUGH COUNCIL WILL NEED TO BE SATISFIED THAT

ARRANGEMENTS HAVE BEEN MADE TO ENSURE THE CONTINUING INTEGRITY

AND NECESSARY MAINTENANCE OF THE SCHEME DURING THE PERIOD THAT

THE LANDFILL SITE IS ACTIVELY PRODUCING GAS.

Pested Bars Road, Boughton Monchelsea 4.69. Although the Pested Bars Road allocation is a well contained site which relates well to the built-up

area of Maidstone, it abuts open countryside. The Borough Council will require the submission of a detailed landscaping scheme in order to mitigate the effects of built development on the rural area, in accordance with policy ENV6. The landscaping scheme should incorporate a dense landscape belt along the south-west boundary of the site in order to lessen the impact of development where it meets the countryside. Given the site‟s urban fringe location, proposals should also strive to achieve high quality development as set out in policy ENV2.

4.70. The allocated site is located adjacent to the headquarters of the Kent Police Authority where

police training takes place. The impact on these activities will therefore need to be addressed by appropriate site layout and landscaping at detailed planning application stage.

4.71. Two access points to the site will be required, one of which will be restricted to emergency

vehicles and pedestrian access only. It will be essential to undertake traffic management measures on the southern sections of Brishing Lane and on Brishing Road to mitigate traffic movements. Improvements will also be required at the Sutton Road/Wallis Avenue (East) junction in accordance with policy T23.

4.72. The need for a preliminary archaeological field evaluation survey was identified at an early stage

because the allocated site fell within a group of sites which contain archaeological finds or are adjacent to sites of archaeological importance. The preliminary survey has been completed and revealed some evidence of Roman remains and early medieval pottery. The significance of these findings will need to be determined through a further detailed archaeological survey, although it is anticipated that any finds which should remain undisturbed can be incorporated into the public open space requirements for the allocation.

4.73. However, to ensure that due regard is given to Government advice contained in PPG16,

development will be restricted to areas which are not of archaeological importance, in accordance with policies ENV17 and ENV18 of this Plan.

4.74. Due to the site's proximity to a former landfill site, a land contamination assessment has been

completed to test for the presence of heavy metals and methane gas which would indicate migration problems. Land contamination is not considered to be a constraint to development, but there will be conditions attached to any planning application to avoid any future risks. Due regard must therefore be given to the advice contained in BRE 212 - "Construction of New Buildings on Gas Contaminated Land", and a 1200 gauge polythene membrane installed as part of the damp proof course with all service entry points properly sealed against possible soil gas ingress.

4.75. The educational needs arising from the development can be met through the expansion of

existing schools in the area, although developer contributions will be required in accordance with policy CF1.

POLICY H5 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT PESTED BARS

ROAD, BOUGHTON MONCHELSEA AS SHOWN ON THE PROPOSALS MAP PROVIDED

THAT THE FOLLOWING REQUIREMENTS ARE SATISFIED:

(1) A DENSE LANDSCAPE BELT IS PROVIDED ALONG THE SOUTH-WEST BOUNDARY

OF THE SITE; AND

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(2) THE CONSTRUCTION OF TWO ACCESS POINTS (ONE OF WHICH WILL BE

RESTRICTED TO EMERGENCY VEHICLES/PEDESTRIAN ACCESS ONLY), AND THE

SUBMISSION OF TRAFFIC MANAGEMENT MEASURES AND IMPROVEMENTS TO

THE SUTTON ROAD/WALLACE AVENUE (EAST) JUNCTION; AND

(3) ALL CONSTRUCTION WORK MUST BE CARRIED OUT IN ACCORDANCE WITH

ADVICE CONTAINED IN BRE212 - “CONSTRUCTION OF NEW BUILDINGS ON GAS

CONTAMINATED LAND”, AND A 1200 GAUGE POLYTHENE MEMBRANE INSTALLED

AS PART OF THE DAMP PROOF COURSE WITH ALL SERVICE ENTRY POINTS

PROPERLY SEALED AGAINST POSSIBLE SOIL GAS INGRESS.

Oakwood Hospital, Queens Road, Maidstone 4.76. Land at Oakwood Hospital, declared surplus to the requirements of the Regional Health Authority,

is allocated for a major housing development. The site was originally allocated for 624 units: 355 dwellings prior to 2001 and a further 269 dwellings by the end of the Plan period. With the passage of time, however, part of the site had the benefit of a planning consent when housing land calculations were updated to a base date of 1998. 94 dwellings at Queens House and on land to the east of Queens House have therefore been transferred from the original allocation to the list of sites with planning permission under paragraph 4.20 of this Local Plan. Although the remainder of the site is allocated for 530 units, 48 of these units have been phased beyond the Plan period under policy H1 because they may be constrained by the implementation of legal agreements. However, the Borough Council will accept their development within this Plan‟s time scale should the units come forward earlier than expected.

4.77. In considering development proposals, a key consideration will be the need to preserve and

enhance the important listed buildings on site, including St. Andrews House and Queens House, through their conversion to residential use. Because of the relatively high costs involved partly as a result of this requirement, the Borough Council is prepared to restrict the requirement for affordable housing under policy H24 to 55 units.

4.78. Land at Oakwood Hospital is the largest residential allocation in this Local Plan and its

development, together with other recent housing growth in this vicinity, will have a significant impact on local services and facilities. As such, sites for a new primary school, doctor‟s surgery and community hall have been allocated under policies CF8, CF6 and CF12 of this Local Plan, respectively. Given the size of the development, the provision of public open space together with appropriate play equipment in accordance with policy H37 will also be an important consideration in determining any planning applications.

4.79. Appropriate off-site highway works in accordance with policy T23 will be necessary to enable

development to proceed. The number of new houses will have a further impact on the local bus service in the area, and contributions to improve public transport facilities will be sought under policies T3 and T23. Substantial residential development in this location also generates the need for local shopping facilities under policy R10, and it is envisaged that a small development of six units will form part of development proposals for the site.

4.80. The requirements for the allocated site will be achieved through the attachment of planning

conditions or the signing of legal agreements.

POLICY H6 LAND AT OAKWOOD HOSPITAL, MAIDSTONE, AS DEFINED ON THE

PROPOSALS MAP, IS ALLOCATED FOR 530 DWELLINGS PROVIDED THAT THE

FOLLOWING REQUIREMENTS ARE SATISFIED:

(1) THE PROVISION OF APPROPRIATE SHOPPING FACILITIES FOR THE NEEDS OF

THE DEVELOPMENT; AND

(2) THE COMPLETION OF APPROPRIATE OFF-SITE HIGHWAY WORKS; AND

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(3) CONTRIBUTIONS TOWARDS THE IMPROVEMENT OF PUBLIC TRANSPORT

SERVICES IN THE AREA.

North of Marden Road, Staplehurst 4.81. The now superseded 1993 Maidstone Borough Local Plan allocates land north of Marden Road,

Staplehurst for a development of 220 dwellings. The allocated area in that Plan lies on the western side of the village and extends as far as the line of the Staplehurst by-pass which was proposed under policy T12 of the 1993 Local Plan.

4.82. The Highway Authority subsequently reviewed both the alignment and the need for the by-pass,

and the by-pass proposal has now been abandoned. Traffic management measures to reduce traffic speeds through the village have been drawn up by the Highway Authority but funding has not yet been secured to implements them. Meanwhile, the area allocated for housing has been reduced to yield a maximum of 150 dwellings.

4.83. The Borough Council will seek as part of this development, the provision and subsequent

maintenance of public open space to include existing ponds and hedgerows, a pedestrian link to the northern boundary to provide access to the railway station, and the provision and subsequent maintenance of affordable housing. Appropriate off-site highway works will also be sought in relation to the impact of traffic generated by the development.

POLICY H7 LAND NORTH OF MARDEN ROAD, STAPLEHURST, AS DEFINED ON THE

PROPOSALS MAP, IS ALLOCATED FOR A DEVELOPMENT OF 150 DWELLINGS. THE

BOROUGH COUNCIL WILL SEEK THE PROVISION AND SUBSEQUENT MAINTENANCE OF

PUBLIC OPEN SPACE INCLUDING EXISTING PONDS AND HEDGEROWS, A PEDESTRIAN

LINK TO THE NORTHERN BOUNDARY TO PROVIDE ACCESS TO THE RAILWAY STATION,

AND THE PROVISION AND SUBSEQUENT MAINTENANCE OF AFFORDABLE HOUSING.

APPROPRIATE OFF-SITE HIGHWAY WORKS WILL ALSO BE SOUGHT IN RELATION TO

THE IMPACT OF TRAFFIC GENERATED BY THE DEVELOPMENT.

Langley Park Farm West, Boughton Monchelsea/Langley 4.84. Langley Park Farm West is allocated in the now superseded 1993 Maidstone Borough Local Plan

for general industrial use on a site amounting to some 14 hectares adjoining the existing Parkwood Industrial Estate.

4.85. As described in the Economic Development Chapter the Borough Council's strategy is to seek to

promote the attraction of high value-added manufacturing, recognising the need of such industries to have attractive and well located development opportunities. For this reason additional land is being made available well related to the M20 to the north of the town.

4.86. Experience over the past several years has shown that there is little market interest in the

industrial development of the Langley Park Farm West site, due to the problematic access to the motorway network, which must either take place via the constrained villages of Leeds and Langley, or through Maidstone town.

4.87. For these reasons the Borough Council considers it appropriate to seek to promote a

development package at the Langley Park Farm West site which will help to stimulate employment development at that location, and also will put to use land which has already been accepted for development purposes, but which is in fact lying idle.

4.88. The Borough Council has therefore promoted the idea of a mixed-use development scheme on

this land. The concept is to create an integrated „village‟ on the edge of the urban area. It is anticipated that development will incorporate employment land under policy ED1 (light industry

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and high technology uses), a park & ride facility, and a variety of housing types and sizes, together with community and leisure uses, all set in an intensively landscaped environment.

4.89. The potential scale of the development is sufficient to allow the realisation of a number of

important objectives of sustainable development. In accordance with Government policy, employment and housing will be co-located (with appropriate measures to protect residential amenity) thus providing the opportunity to find employment in the immediate vicinity of home. In addition, it is anticipated that many of the new residential units will be designed to accommodate „working from home‟ as a matter of deliberate design intention. The proposed landscaping scheme will significantly improve the urban boundary of Maidstone at this location and provides the opportunity for the creation of a new gateway feature announcing both the town and the new development at its entrance from the existing A274 Sutton Road. Suitable uses for the gateway land would include hotel/leisure, restaurant, health care, or high quality office use.

4.90. The relatively open nature of the land and the harsh appearance of the existing settlement edge

necessitates the need for a comprehensive landscaping scheme for the allocated site, in accordance with policy ENV6. The landscaping will include substantial screen planting on all boundaries, the laying out of internal woodland and greens, and the improvement or creation of watercourses and ponds. The southern boundary of the site is defined to coincide with an existing ridge line beyond which any built development would be prominent in views from the south.

4.91. Land in the ownership of the developer running southward down from the ridge to the watercourse

flowing from Langley Lock will be retained as countryside and dedicated to the local community, with the benefit of further landscaping and tree planting, under policy ENV24. This southern field has a strong affinity with the adjacent open countryside and is visually prominent, but it provides the opportunity for publicly accessible countryside amenity open space. As part of the landscaping proposals for this area, a 20 metre wide woodland strip will be planted along the northern boundary (in addition to the 20 metre wide amenity strip which forms part of proposals under policy H8), in order to mitigate the impact of development in this area.

4.92. It is anticipated the scheme will provide approximately six hectares of industrial or high technology

development providing an additional 20,000 m2 of industrial floorspace for the town's employment

needs. Although this is a reduction in employment potential compared to the previous allocation, the new proposal will result in the industrial land being brought forward for development with necessary infrastructure and servicing provision. It is expected that employment development will therefore be accelerated.

4.93. In addition the scheme will provide 13 hectares of land within the allocated site to accommodate

approximately 325 houses. 4.94. Development will need to comply with other policies of this Local Plan. Principal policies are

ENV2 which seeks to achieve quality in new developments, ENV18 where an archaeological watching brief during development will be required, H24 which seeks the provision of affordable housing, H37 regarding public open space provision, T17 identifying park-and-ride facilities, and CF1 relating to the provision of community and education facilities. Developer contributions towards the expansion of existing education facilities in the area will be sought in preference to the provision of land for a new school.

4.95. Parkwood has been identified as a possible destination for an extension of one of the on-street

branches of the proposed Medway Metro Light Rail System, which may run from Maidstone town centre. Although this is a longer-term project, land within the development will be reserved for the creation of a turning loop and light rail station.

4.96. The Borough Council will require that a development brief for the entire site is prepared and

approved by the Council prior to the granting of planning permission.

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POLICY H8 HOUSING DEVELOPMENT WILL BE PERMITTED ON 13 HECTARES WITHIN

LAND AT LANGLEY PARK FARM WEST, BOUGHTON MONCHELSEA/LANGLEY AS

SHOWN ON THE PROPOSALS MAP PROVIDED THAT THE FOLLOWING CONDITIONS ARE

SATISFIED:

(1) A MINIMUM 10 METRES WIDE AMENITY STRIP IS PROVIDED ALONG THE EASTERN

BOUNDARY OF THE SITE; AND

(2) A MINIMUM 20 METRES WIDE AMENITY STRIP IS PROVIDED ALONG THE

SOUTHERN BOUNDARY OF THE SITE; AND

(3) THE PROVISION OF 5 HECTARES OF PUBLIC OPEN SPACE, INCLUDING 2.05

HECTARES OF PLAY SPACES TO BE DISTRIBUTED THROUGHOUT THE

DEVELOPMENT.

Beaconsfield Road/Eccleston Road/Wharf Road, Tovil 4.97. Beaconsfield Road, Eccleston Road and Wharf Road in Tovil are the location of an existing

industrial area designated in the now superseded 1993 Maidstone Borough Local Plan for employment uses in Classes B1 and B2. Some of the properties within the area are currently occupied by businesses but others are vacant or have been subject to pressure for redevelopment for housing.

4.98. It has been the practice of the Borough Council in the past, with the support of the local

community to consolidate residential uses in Tovil by permitting the redevelopment of industrial sites for housing use. The industrial area centred on Beaconsfield Road, Eccleston Road and Wharf Road lies within a predominantly residential area and has relatively poor access for industrial traffic.

4.99. In accordance with Government and strategic advice to give priority to the redevelopment of

urban sites to meet housing requirements, this site is allocated for residential development. The loss of employment land in this area is compensated by the allocation of better quality and less constrained sites elsewhere in the Borough.

4.100. Because of the multiple ownerships involved, the Borough Council will be prepared to consider

the use of its compulsory purchase powers if this is necessary to ensure that redevelopment takes place within the Plan period.

4.101. The Borough Council will also be prepared to consider the phased release of sites within the

allocated area provided that this does not prejudice:

(i) the site‟s overall redevelopment;

(ii) the provision of affordable housing in accordance with policy H24;

(iii) the residential amenity of people living on the site prior to the completion of development; and

(iv) the achievement of appropriate off-site highway improvements to serve the whole of the

allocated area.

4.102. In addition the Borough Council will need to be satisfied that the potential conflicts between ongoing commercial activities and new residential development prior to completion of the site can be resolved.

4.103. The allocated site lies within the flood plain, so proposals will also need to take into account the

requirements of the Environment Agency with regard to flooding, in accordance with policy ENV50. Due to the land‟s current use for industrial purposes, the Borough Council will require the

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submission of a land contamination report. Noise assessment reports will also be necessary, given the site‟s proximity to Tovil boat yard and its probable phased development where new housing will be constructed alongside ongoing industrial uses. A watching archaeological brief, together with contributions towards education and community facilities will be required, in accordance with policies ENV18 and CF1, respectively. These requirements can be achieved through planning conditions or legal agreements.

4.104. Part of the allocated site is located within the Riverside Zone of Special Townscape Importance

and any development proposals will need to satisfy the criteria under policy ENV7. Development must also have regard to policy ENV2 which seeks to achieve quality in new developments.

4.105. The allocation includes land occupied by Tovil boat yard. It is intended to retain these facilities in

accordance with policy T19, but the land has been included within the allocated site in order to fully assess and overcome any incompatibility of uses between the residential and boat building areas. Consideration can also be given to its contribution in enhancing the quality of the riverside under policy ENV7.

4.106. Given the complexity of ownerships and the probable phased release of land for development

within the allocated site, the Borough Council will prepare a development brief. The brief will be able to assess the implications of neighbouring uses, the protection of the flood plain, the enhancement of the riverside, necessary highway works, and the quality of residential design in more detail. To ensure a comprehensive redevelopment of this area, shared development costs between the individual sites will be sought.

POLICY H9 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT

BEACONSFIELD ROAD/ECCLESTON ROAD/WHARF ROAD, TOVIL AS SHOWN ON THE

PROPOSALS MAP PROVIDED THAT ANY PHASING WHICH MAY BE NECESSARY DOES

NOT PREJUDICE:

(1) THE PROVISION OF ANY OFF-SITE HIGHWAY WORKS WHICH MAY BE REQUIRED;

NOR

(2) THE RESIDENTIAL AMENITIES OF PEOPLE LIVING ON THE SITE BEFORE

DEVELOPMENT IS COMPLETE; NOR

(3) THE PROVISION OF AFFORDABLE HOUSING.

Hart Street, Lockmeadow, Maidstone 4.107. The Lockmeadow area lies on the west bank of the River Medway opposite the historic and

picturesque All Saints Conservation Area, but has become rather run down in terms of use and premises. Rather than allow this decline to continue it was allocated in the now superseded 1993 adopted plan for a major mixed-use development to include a substantial element of housing.

4.108. Considerable progress has been made through the initiatives of the Borough Council in promoting

a development scheme of leisure related uses on land under its control at Maidstone Market adjacent to the allocated development site. A planning application seeking the residential development of part of the allocated site has been submitted for 84 units and is included under policy H1. Recent developer interest on another part of the site releases a further 112 dwellings to be allocated under policy H1. The Council is enthusiastic to secure the upgrading of this area, which is in diverse ownership, and it will provide every encouragement to achieve this, including if necessary the use of compulsory purchase powers.

4.109. The Borough Council is prepared to consider the phased release of sites within the allocated

area. However, development must not prejudice the provision of affordable housing, the residential amenity of people living on the site prior to the completion of development, nor the achievement of appropriate off-site highway improvements. In addition, the Borough Council will

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need to be satisfied that the potential conflicts between ongoing commercial activities and new residential development prior to completion of the site can be resolved.

4.110. The allocated site lies within the flood plain, so proposals will need to take into account the

requirements of the Environment Agency with regard to flooding, in accordance with policy ENV50. The allocation is also located within the Riverside Zone of Special Townscape Importance and any development proposals will need to satisfy the criteria under policy ENV7. Development must further have regard to policy ENV2 which seeks to achieve quality in new development.

4.111. Land contamination, the impact of noise, archaeological potential, the provision of affordable

housing, and contributions towards education and community facilities will need to be addressed prior to the granting of planning permission. These requirements can be achieved through planning conditions or legal agreements.

POLICY H10 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT

LOCKMEADOW, MAIDSTONE AS SHOWN ON THE PROPOSALS MAP PROVIDED THAT

ANY PHASING WHICH MAY BE NECESSARY DOES NOT PREJUDICE:

(1) THE PROVISION OF ANY OFF-SITE HIGHWAY WORKS WHICH MAY BE REQUIRED;

NOR

(2) THE RESIDENTIAL AMENITIES OF PEOPLE LIVING ON THE SITE BEFORE

DEVELOPMENT IS COMPLETE; NOR

(3) THE PROVISION OF AFFORDABLE HOUSING.

Hook Lane, Harrietsham 4.112. Land at Hook Lane is a fresh land site adjacent to the North Downs Special Landscape Area,

which provides the foreground to the Kent Downs Area of Outstanding Natural Beauty. However, Harrietsham is a sustainable village and the topography of the allocated site limits the impact of development in the wider context of the SLA. Landscaping is obviously a key issue in the site‟s development and the Borough Council will require the submission of a landscape scheme in accordance with policy ENV6.

4.113. An unmanaged mature hedgerow with trees marks the northern boundary of the site along West

Street, the latter principally concentrated over the western section of the boundary. The hedgerow species mainly comprise hazel and blackthorn, and the trees include field maple, ash and oak. In places along the length of this boundary, areas of young blackthorn scrub have grown up adjacent to the hedgerow and have encroached into the field areas. The eastern boundary of the site, adjoining Hook Lane itself, is formed by a less well-defined intermittent hedgerow, mainly of hawthorn and blackthorn, with occasional ash trees.

4.114. Topographically, the site slopes generally downhill from east to west, such that the land over the

north-eastern section of the site is at an elevated level with respect to both West Street and to Hook Lane. Development of this part of the site would, if carried out on existing levels, be generally more prominent from local viewpoints. Development on the lower parts of the site, however, would be closer to both the A20 and the Channel Tunnel Rail Link.

4.115. It is important that the hedgerow and tree screen along the site‟s northern boundary is retained,

and reinforced where appropriate with new planting or the retention of parts of the naturally generated areas of Blackthorn scrub. The benefit of this feature is that it serves to separate the site from the open land to the north within the SLA, and will also screen the development from viewpoints in this direction.

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4.116. The central mature hawthorn/blackthorn hedgerow is another feature of the site which contributes to its existing character, and it could be incorporated into the layout of a proposed development. However, it is likely that at least part of this would necessarily be lost to enable any practical development proposal to be formulated. It might be possible for this part of the hedgerow to be retained as part of the open space element of a development scheme.

4.117. The hedgerow along Hook Lane is of lesser importance, but could be enhanced by its restoration

and appropriate management, together with the replanting of the extensive gaps which currently exist. If combined with appropriate hedgerow tree planting, this feature would assist in providing suitable screening between properties within, or served from, Hook Lane and those to be developed on this site.

4.118. It has been established that the Channel Tunnel Rail Link will not involve any land take from the

allocated site. Noise from the CTRL and A20/M20 roads is not a constraint to development, although proposals will need to be accompanied by a supporting acoustic report and appropriate mitigation measures, in accordance with policy ENV4.

4.119. Proposals for vehicular access, together with off-site improvements involving road widening and

the provision of footways and lighting, will be determined in the light of detailed landscape and highway safety considerations. Pedestrian/cycle links onto both West Street and Ashford Road will also be required. Off-site improvements will be sought at the junctions of Hook Lane/Ashford Road and Ashford Road/West Street.

4.120. Development will also need to comply with other policies of this Local Plan. Principally, ENV2

which seeks to achieve quality in new development schemes, H24 regarding the provision of affordable housing, ENV18 where an archaeological watching brief is required, and CF1 relating to the provision of education facilities.

POLICY H11 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT HOOK LANE,

HARRIETSHAM, AS SHOWN ON THE PROPOSALS MAP, PROVIDED THAT THE

FOLLOWING REQUIREMENTS ARE SATISFIED:

(1) THE HEDGEROW AND TREE SCREEN ALONG THE SITE’S NORTHERN BOUNDARY

IS RETAINED AND REINFORCED WHERE APPROPRIATE. IT IS IMPORTANT THAT

NO NEW BREACHES ARE CREATED IN THE LINE OF THIS HEDGE WHERE NONE

CURRENTLY EXIST. CONSIDERATION SHOULD ALSO BE GIVEN TO THE

RETENTION AND ENHANCEMENT OF OTHER HEDGEROW FEATURES WITHIN AND

AROUND THE BOUNDARIES OF THE ALLOCATED SITE; AND

(2) PROPOSALS FOR VEHICULAR ACCESS, TOGETHER WITH OFF-SITE

IMPROVEMENTS INVOLVING ROAD WIDENING AND THE PROVISION OF

FOOTWAYS AND LIGHTING, WILL BE DETERMINED IN THE LIGHT OF DETAILED

LANDSCAPE AND HIGHWAY SAFETY CONSIDERATIONS; AND

(3) THE PROVISION OF PEDESTRIAN/CYCLE LINKS TO BOTH WEST STREET AND

ASHFORD ROAD; AND

(4) OFF-SITE HIGHWAY IMPROVEMENTS AT THE JUNCTIONS OF HOOK

LANE/ASHFORD ROAD AND ASHFORD ROAD/WEST STREET.

East of Hermitage Lane, Maidstone 4.121. Land East of Hermitage Lane, Maidstone is allocated under policy H1 for 380 dwellings, and will

be developed in conjunction with a woodland park allocated under policy ENV24. It is the largest urban periphery allocation in this Local Plan, and a key element of the site‟s development will be

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the treatment of landscaping within and around the boundaries of the site. The submission of a landscaping scheme in accordance with policy ENV6 will therefore be required.

4.122. The areas of trees, woodland and other features which have been identified as important

landscape features within the site consist of:

(i) the strip of established sweet chestnut coppice situated along the site‟s south-eastern boundary, lying mostly between public footpath KB19 and the western limit of existing development served off Poplar Grove, which provides valuable screening of views between the site and the existing developed area;

(ii) the dense belt of naturally regenerated birch/willow on the site‟s north-eastern boundary,

which screens views between the site and the existing development along Howard Drive, and which will assist in maintaining the privacy of the rear of these properties from being overlooked by the new development;

(iii) the existing woodland, consisting principally of sweet chestnut coppice with oak standards,

situated on higher land in the southern part of the site, between the reservoir footpath and the site‟s south-eastern corner, which makes a significant contribution to the character of the local landscape, being visually prominent from local and more distant viewpoints. Along the northern fringe of this woodland, there is an area of natural regeneration of birch, cherry and other species, which also contributes to the overall mass and density of the woodland area, and which should be retained within the proposed landscape scheme for the site; and

(iv) the open grassed knoll situated to the east of The Old Hermitage is a prominent and

visually attractive feature of the site, which should be retained and safeguarded within the landscape scheme for the development.

4.123. The purpose of a landscape scheme for the site will be to secure the retention of the areas of

trees, woodland and other features described, together with their reinforcement and/or appropriate future management to secure their continuing landscape benefit or function. An important factor in this will be the appropriate siting of development and/or its ancillary features, such as footpaths or roads, in relation to these areas, to prevent either their direct loss or later indirect pressures for their progressive removal or mistreatment.

4.124. The aim of providing a strong belt of new structural landscaping consisting of native tree and

shrub species along the boundary of the area of the site identified for housing development formed by the reservoir footpath, is to screen and soften the appearance of a hard urban edge from viewpoints with the Strategic Gap to the west of the site, and to create a clear landscaped boundary between the urban development and the proposed park/open space on agricultural land to the west of the site.

4.125. The landscaping scheme will also identify areas of tree and shrub planting within the

development, consisting of native tree species and a significant proportion of native shrub species, to provide an appropriate setting and landscape quality to the area.

4.126. The access will be taken from Hermitage Lane only, through the woodland park, and a secondary

emergency access will be necessary from the Allington area. The roads should not be linked other than for emergency vehicles. The Borough Council will investigate the potential to provide a bus route provided that an effective mechanism to avoid rat running by ordinary vehicles can be guaranteed.

4.127. Access and turning facilities for public transport together with the enhancement of facilities along

the Hermitage Lane/Tonbridge Road corridor will be required under policies T3 and T23, and general highway improvements will be necessary in accordance with policy T23. The Hermitage Lane junction accessing the site will need to be designed to a high standard, and traffic management measures will be required to deter through traffic from using Heath Road and North Street. Cycle and pedestrian links will be provided in accordance with policy T8, and contributions

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will be sought to enable the implementation of the park-and-ride facility at Barming Station. These requirements will be secured through legal agreements and planning conditions.

4.128. An archaeological evaluation of the site has been completed, which revealed significant

archaeological remains within the field to the south of the allocation, south of the woodland. The County Archaeologist considers that although it would be preferable for these remains to be preserved in situ, having regard to Government advice contained in PPG16 together with the overriding need for housing land, their retention in situ is not essential. However, any development proposals for the whole site must satisfy the criteria set out in policies ENV17 and ENV18 of this Local Plan, and archaeological conditions will be attached to any planning consent.

4.129. Development will also need to comply with other policies of this Local Plan. Principally, ENV2

which seeks to achieve quality in new developments, H24 regarding the provision of affordable housing, H37 for the requirement of public open space, R10 in respect of local retail facilities and CF1 relating to the provision of educational and community facilities. The County Education Authority has indicated a likely need for a new school in this area, given the size of development proposals. Land for a new school is therefore reserved under policy CF8. The number of new houses is also likely to generate the need for a new doctor‟s surgery and land for this purpose is reserved under policy CF6. The requirements for the allocated site can be achieved through the attachment of planning conditions or the signing of legal agreements.

POLICY H12 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND EAST OF

HERMITAGE LANE, MAIDSTONE AS SHOWN ON THE PROPOSALS MAP, PROVIDED

THAT THE FOLLOWING REQUIREMENTS ARE SATISFIED:

(1) THE RETENTION OF TREES AND WOODLAND LOCATED TO THE SITE’S SOUTH-

EAST AND NORTH-EAST BOUNDARIES, THE RETENTION OF TREES AND

WOODLAND OCCUPYING THE RIDGELINE IN THE SOUTHERN SECTION OF THE

SITE, TOGETHER WITH A SCHEME FOR THE FUTURE MANAGEMENT OF THESE

AREAS, AND THE PROVISION OF ADDITIONAL LANDSCAPE PLANTING ALONG

THE RESERVOIR FOOTPATH, AS WELL AS THE FUTURE TREATMENT AND

MANAGEMENT OF THE KNOLL ADJOINING THE OLD HERMITAGE; AND

(2) ACCESS AND TURNING FACILITIES FOR PUBLIC TRANSPORT, THE DESIGN OF

THE HERMITAGE LANE JUNCTION TO A HIGH STANDARD AND A SECONDARY

EMERGENCY ACCESS POINT TO BE SECURED TO THE ALLINGTON AREA; AND

(3) THE SIGNING OF LEGAL AGREEMENTS TO SECURE:

(A) THE LAYING OUT AND MAINTENANCE OF THE PROPOSED WOODLAND

PARK TOGETHER WITH ARRANGEMENTS FOR PUBLIC ACCESS AND THE

LONG-TERM PROTECTION OF THE LAND;

(B) THE SUBMISSION OF A TRAFFIC MANAGEMENT SCHEME AND

IMPLEMENTATION OF MEASURES TO DETER THROUGH TRAFFIC FROM

USING HEATH ROAD AND NORTH STREET, BARMING;

(C) A CONTRIBUTION TO ENABLE THE IMPLEMENTATION OF BARMING

STATION’S PARK-AND-RIDE FACILITY, TOGETHER WITH THE PROVISION

OF SECURE CYCLE/PEDESTRIAN LINKS TO THE SITE;

(D) THE PROVISION OF A CYCLEWAY/PEDESTRIAN LINK ALONG HERMITAGE

LANE FROM BARMING STATION TO THE A20 LONDON ROAD WITHIN THE

CURTILAGE OF THE HIGHWAY LAND;

(E) THE ENHANCEMENT OF PUBLIC TRANSPORT SERVICES ALONG THE

HERMITAGE LANE/TONBRIDGE ROAD CORRIDOR, TO THE SATISFACTION

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OF MAIDSTONE BOROUGH AND KENT COUNTY COUNCILS;

(F) THE PROVISION OF AN ELEMENT OF AFFORDABLE HOUSING IN

ACCORDANCE WITH POLICY H24;

(G) THE PROVISION OF APPROPRIATE EDUCATION AND HEALTH FACILITIES IN

ACCORDANCE WITH POLICY CF1; AND

(H) THE PROVISION OF APPROPRIATE SHOPPING FACILITIES FOR THE NEEDS

OF THE DEVELOPMENT IN ACCORDANCE WITH POLICY R10.

Bridge Nursery, Maidstone 4.130. Bridge Nursery is allocated for 80 dwellings, in conjunction with public open space under policy

ENV24. Bridge Nursery is characterised by a number of mature trees and hedgerows within and around the boundaries of the site. Their retention is essential in order to mitigate views of new built development and also to maintain a distinct separation between the urban and rural areas. The Borough Council will therefore require the submission of a landscaping scheme for the site in accordance with policy ENV6.

4.131. Areas of trees and hedgerows which are to be retained as part of development proposals consist

of:

(i) the native hedgerow fronting the A20 on the site‟s southern boundary, which provides valuable screening of views of the road and its traffic from within the site, and which mitigates the visual impact of the retail warehouse development on its further side;

(ii) the individual coniferous and broad-leaved trees standing alongside the eastern edge of the

former access trackway into the site from the A20, together with selected areas of existing mature shrubs between them, which serve as the basis for providing a clear definition of the limits of the expansion of the urban area, and limiting the impact of the latter on the rural quality of the adjoining open space/amenity area;

(iii) the more westerly section of the rectilinear group of beech trees, the mass and substance

of which provide an important focal point within the site, and provide visual contrast to its generally broad and open aspect; and

(iv) selected individual specimens of ash and other broad-leaved species (excluding elm)

situated along the site‟s eastern boundary, which provide screening of the existing urban edge from longer distance viewpoints to the north and north-west of the site.

4.132. It is also important that the existing hedge along the A20 frontage and trees around the western

edge of the housing site should be subject to coherent long-term management and control, rather than be sited within individual private gardens. The same applies to the trees along the eastern boundary of the site which mark the present urban edge. This could be achieved through a planning obligation, and the granting of planning permission is wholly dependent upon the satisfactory resolution of this issue within a landscape scheme.

4.133. The enhancement of the visual qualities of the proposed amenity land by appropriate planting of

groups of individual specimens of native broad-leaved trees and areas of native shrubs will also be required as part of landscaping proposals.

4.134. Development will also need to comply with other policies of this Local Plan. Principally, ENV2

which seeks to achieve quality in new developments, ENV18 requiring a watching archaeological brief, H24 which seeks the provision of affordable housing, and CF1 relating to the provision of educational and community facilities.

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POLICY H13 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT BRIDGE

NURSERY, MAIDSTONE AS SHOWN ON THE PROPOSALS MAP, IF THE EXISTING TREES

AND HEDGEROWS WITHIN AND AROUND THE BOUNDARIES OF THE SITE ARE

RETAINED AS PART OF A LANDSCAPING SCHEME, AND PROVISION IS MADE FOR THE

LAYING OUT AND FUTURE MAINTENANCE OF OPEN SPACE ON ADJACENT LAND AS

REQUIRED BY POLICY ENV24.

Hayle Place, Tovil 4.135. Land at Hayle Place, Tovil is allocated for residential development under policy H1, together with

a Country Park under policy ENV24. The housing site is located in a sensitive area adjacent to the Loose Valley Area of Local Landscape Importance whilst the Country Park forms part of the ALLI. Landscaping is therefore a key element in reducing the impact of built development in this area and in the laying out of the Country Park. The submission of a landscaping scheme to be approved by the Borough Council will therefore be required, in accordance with policy ENV6.

4.136. The residential site is screened to varying degrees by mature trees along its north, east and

western boundaries, whilst the southern boundary is partially screened. The trees along the western boundary will be integrated into the Country Park. The tree belts along the other three boundaries, together with other landscape features within the development site, should be incorporated into a landscape scheme for the residential area in order to limit the impact of new housing on the countryside.

4.137. The 12 hectare Country Park located to the west of the housing site is proposed for informal

recreation purposes. The mature tree belt along the Park‟s eastern boundary must be incorporated into any proposals for the Park, together with the retention of other mature landscape features within and around the boundaries of the site. The landscape scheme should also identify areas of new planting, pedestrian access points and footpath links, and the location of appropriate facilities such as picnic areas and car parking. The Borough Council will require the completion of a legal agreement to secure the Country Park, together with a management plan for its conservation and enhancement.

4.138. The site will be accessed from Postley Road and highway improvements will be sought in

accordance with policy T23. The widening of Postley Road to a suitable standard for adoption will be required as part of development proposals. The point of access to the site in the vicinity of the Gleneagles Drive/Postley Road junction will also be serving the Fountain Park housing allocation located to the east of Hayle Place. Contributions will be sought for the upgrading of this junction. Highway improvements will be secured by planning conditions or legal agreements.

4.139. Development will need to comply with other policies of this Local Plan. Principal policies are

ENV2 which seeks to achieve quality in new developments, ENV18 where an archaeological watching brief during development will be required, H24 which seeks the provision of affordable housing, and CF1 relating to the provision of community and education facilities.

POLICY H14 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT HAYLE

PLACE, TOVIL AS SHOWN ON THE PROPOSALS MAP, PROVIDED THAT THE FOLLOWING

REQUIREMENTS ARE SATISFIED:

(1) THE COMPLETION OF A LEGAL AGREEMENT ON LAND TO THE WEST OF THE

RESIDENTIAL ALLOCATION TO SECURE LAND FOR A COUNTRY PARK, TOGETHER

WITH A MANAGEMENT PLAN FOR THE CONSERVATION AND ENHANCEMENT OF

THE PARK TO BE APPROVED BY THE BOROUGH COUNCIL; AND

(2) THE RETENTION AND ENHANCEMENT OF EXISTING LANDSCAPE FEATURES

WITHIN AND AROUND THE BOUNDARIES OF THE RESIDENTIAL AREA; AND

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(3) THE WIDENING OF POSTLEY ROAD TO A STANDARD SUITABLE FOR ADOPTION,

TOGETHER WITH JUNCTION IMPROVEMENTS AT POSTLEY ROAD/GLENEAGLES

DRIVE.

West of Royal Engineers’ Road, Maidstone 4.140. Land West of Royal Engineers‟ Road is an urban site which is partly used as a car park and partly

cleared but unused. The site is within easy walking distance of the town centre, and it is located close to bus and rail facilities.

4.141. The allocated land is visually prominent from Fairmeadow and from Royal Engineers‟ Road when

approaching from the north, so landscaping will be a vital component in the development of the land. Furthermore, the site contains a number of mature trees, most of which are protected by tree preservation orders. These trees contribute to the character of the area and create a wildlife corridor running up from the river, so their retention is essential. The Borough Council will therefore require the submission of a detailed landscaping scheme for the allocation, prior to the granting of a planning consent, in accordance with policy ENV6.

4.142. The site is currently accessed from James Whatman Way and Stacey Street. To ensure no

further access points are taken from the primary distributor route, vehicular access will be restricted to James Whatman Way. Pedestrian access to the town centre and local bus stops should be enhanced.

4.143. Due to the site‟s location adjacent to a primary distributor route and adjoining commercial uses, a

noise assessment report will need to be submitted and approved by the Borough Council in accordance with policy ENV4. Depending on the type of dwellings eventually constructed on the site, noise amelioration measures may be required along the site‟s frontages. Alternatively, the layout and design of development may be able to respond to noise generated by highway and commercial uses.

4.144. There are likely to be isolated spots of land contamination on the site, given its previous use as a

transport depot. Investigations to establish potential contamination should be carried out prior to the submission of a planning application.

4.145. The allocated site lies within the Riverside Zone of Special Townscape Importance and any

development proposals will need to satisfy the criteria under policy ENV7. Development will also need to comply with other policies of this Local Plan. Principally, ENV2 which seeks to achieve quality in new developments, ENV18 requiring a watching archaeological brief, H24 which seeks the provision of affordable housing, and CF1 relating to the provision of educational and community facilities.

POLICY H15 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND TO THE WEST OF

ROYAL ENGINEERS’ ROAD, AS SHOWN ON THE PROPOSALS MAP, PROVIDED THAT THE

FOLLOWING REQUIREMENTS ARE SATISFIED:

(1) THE RETENTION OF PROTECTED AND OTHER MATURE TREES WITHIN AND

AROUND THE BOUNDARIES OF THE SITE; AND

(2) THE RESTRICTION OF VEHICULAR ACCESS TO JAMES WHATMAN WAY ONLY, TO

ENSURE NO FURTHER ACCESSES ONTO THE PRIMARY DISTRIBUTOR ROUTE.

Oliver Road, Staplehurst 4.146. Land at Oliver Road comprises a redundant orchard enclosed by well established hedgerows and

mature trees. The site boundaries adjoin existing residential development to the east and north, and fields to the west and south. The dense hedgerows and trees along the southern and

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western boundaries make an important contribution towards minimising the impact of new built development in this location. Their retention and maintenance is therefore an essential element of development proposals and must be subject to coherent management and control, rather than be sited within individual private gardens. This could be achieved through a planning obligation, and the granting of planning permission is wholly dependent upon the satisfactory resolution of this issue within a landscape scheme.

4.147. The submission of a landscape scheme to be approved by the Borough Council will therefore be

required, in accordance with policy ENV6. The future management of existing trees and hedgerows within and around the boundaries of the site will be the subject of a planning condition or planning obligation.

4.148. Development will also need to comply with other policies of this Local Plan. Principally, ENV2

which seeks to achieve quality in new developments, ENV18 which requires an archaeological watching brief, H24 which seeks the provision of affordable housing, and CF1 relating to the provision of community and education facilities.

POLICY H16 HOUSING DEVELOPMENT WILL BE PERMITTED ON LAND AT OLIVER

ROAD, STAPLEHURST, AS SHOWN ON THE PROPOSALS MAP IF EXISTING TREES AND

HEDGEROWS WITHIN AND AROUND THE BOUNDARIES OF THE SITE ARE RETAINED AS

PART OF A LANDSCAPING SCHEME. THE PROVISION AND FUTURE MANAGEMENT OF

THE LANDSCAPED AREAS WILL BE THE SUBJECT OF PLANNING CONDITIONS OR A

PLANNING OBLIGATION.

Changes of Use from Housing 4.149. Given the high level constraints in the Borough against the development of fresh land, the Council

considers it very important to limit any loss of residential units and so reduce the need for additional dwellings on fresh land. Recent examples of proposals involving the loss of residential accommodate include applications for the change of use of dwellings to doctor's or veterinary surgeries. These can often have a detrimental effect on residential amenities through parking requirements and increased traffic disturbance. The Borough Council considers that such uses are more suitably accommodated in local centres or vacant retail units. However, there may be exceptional circumstances where existing accommodation by virtue of its location or design, is no longer suitable for housing use and where redevelopment or change of use may be acceptable.

4.150. The Borough Council considers it particularly important to enhance the town centre as a place in

which to live as well as to work, shop and visit. While accepting that some town centre accommodation may no longer be suitable because of its design or location, the Council will generally resist the loss of residential units in the town centre. Where the accommodation is no longer suitable, the council will expect an equivalent number of replacement units to be provided in any redevelopment proposals. The Council will also look favourably on proposals for mixed-use schemes in the town centre which incorporate an element of housing.

POLICY H17 THE BOROUGH COUNCIL WILL NOT PERMIT PROPOSALS WHICH INVOLVE

A REDUCTION IN THE NUMBER OF EXISTING RESIDENTIAL UNITS UNLESS IT CAN BE

SHOWN BY VIRTUE OF LOCATION OR DESIGN, THAT THE ACCOMMODATION IS NO

LONGER SUITABLE FOR HOUSING PURPOSES. WHERE THE PROBLEMS THAT MAKE

THE HOUSING ACCOMMODATION UNSUITABLE CAN BE OVERCOME BY DESIGN, ANY

NEW DEVELOPMENT SHALL INCLUDE THE REPLACEMENT OF THAT ACCOMMODATION

ON SITE.

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Extensions to Residential Properties 4.151. The enlargement of dwellings to accommodate additional living space is now commonplace.

Although extensions generally benefit the community by increasing the amount of accommodation in the Borough, their construction, if not carefully designed and carried out, can lead to problems for adjoining householders, and can contribute to a decline in environmental standards.

POLICY H18 THE BOROUGH COUNCIL WILL PERMIT EXTENSIONS AND ADDITIONS TO

RESIDENTIAL PROPERTIES PROVIDED THAT THE PROPOSAL:

(1) IS OF A SCALE AND DESIGN WHICH DOES NOT OVERWHELM OR DESTROY THE

CHARACTER OF THE ORIGINAL PROPERTY; AND

(2) WILL COMPLEMENT THE STREET SCENE AND ADJACENT EXISTING BUILDINGS

AND THE CHARACTER OF THE AREA; AND

(3) WILL RESPECT THE AMENITIES OF ADJOINING RESIDENTS REGARDING PRIVACY,

DAYLIGHT, SUNLIGHT AND MAINTENANCE OF A PLEASANT OUTLOOK; AND

(4) ENSURES THAT ADEQUATE CAR PARKING PROVISION WITHIN THE CURTILAGE

OF THE DWELLING IS PROVIDED, IN ACCORDANCE WITH THE ADOPTED CAR

PARKING STANDARDS.

SUCH DEVELOPMENT WILL BE GUIDED BY SUPPLEMENTARY PLANNING GUIDANCE

WHICH HAS BEEN APPROVED BY THE BOROUGH COUNCIL.

Backland or Tandem Development 4.152. Backland or tandem development, typically involving the subdivision of the curtilages of existing

buildings can create special problems with overlooking, loss of privacy and unsatisfactory servicing arrangements and access. In addition the new buildings can often present a cramped appearance and damage the existing pattern of development causing a loss of visual amenity. However there may be occasions where these disadvantages can be overcome.

POLICY H19 THE BOROUGH COUNCIL WILL NOT PERMIT BACKLAND OR TANDEM

DEVELOPMENT UNLESS IT CAN BE DEMONSTRATED THAT:

(1) THERE IS NO LOSS OF PRIVACY FROM OVERLOOKING OF ADJOINING

PROPERTIES AND/OR THEIR CURTILAGES; AND

(2) ACCESS OF APPROPRIATE STANDARD CAN BE PROVIDED TO A SUITABLE

HIGHWAY; AND

(3) THERE ARE NO PROBLEMS WITH VEHICULAR ACCESS OR SIGNIFICANT

INCREASES IN NOISE AND DISTURBANCE FROM TRAFFIC GAINING ACCESS.

Housing in Built-Up Areas 4.153. In accordance with Government and regional advice, the Borough Council‟s strategy for the

allocation of specific sites for housing has been to give priority to opportunities within the urban area, although it has been necessary to allocate greenfield sites as well in order to meet strategic housing requirements. In order to minimise the loss of greenfield sites and to assist in meeting Government objectives to provide 60% of housing requirements within built-up areas, the Borough Council will also encourage the provision of housing on unallocated sites within the

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urban area. In doing so, the Council will seek to avoid town cramming and to ensure that the character of the area is maintained and enhanced and that the amenity of local residents is respected.

4.154. This may arise by making use of vacant and derelict land within urban areas, the conversion of

larger houses into flats or for multiple occupation and the conversion of former offices or other buildings into residential accommodation. However, it will be necessary to ensure that proposals respect the character of the area in which they are located.

4.155. Policies H20, H21, H22 and H23 set out the Borough Council‟s intentions concerning such

opportunities.

Use of Vacant and Derelict Land for Housing 4.156. Vacant and derelict land within built-up areas provides a valuable opportunity to meet housing

requirements. PPG3 emphasises that the planning system should continue to identify and realise the development potential of derelict, underused and waste land in urban areas.

4.157. The Borough Council‟s strategy for the allocation of sites for new housing development has been

to give priority to the use of land within urban areas and in particular to land which may be vacant or derelict. Further opportunities may arise on unallocated sites where additional land falls into disuse.

4.158. While recognising the potential of such opportunities to help meet housing requirements in the

Borough, the Borough Council will wish to ensure that the sites are within areas capable of providing a suitable residential environment and that any development respects the character of the area and the amenities of local residents.

4.159. Where open space including playing fields and allotment land falls into disuse proposals for

development will be considered in the light of policy ENV22. 4.160. In accordance with PPG3 advice this policy will not apply to the development of land involving the

loss of valuable open space.

POLICY H20 WITHIN THE BUILT UP AREAS DEFINED ON THE PROPOSALS MAP,

PROPOSALS FOR THE DEVELOPMENT OF VACANT AND DERELICT LAND WILL BE

PERMITTED PROVIDED THAT:

(1) THE SETTING OF THE SITE IS SUCH THAT IT IS CAPABLE OF PROVIDING AN

ACCEPTABLE RESIDENTIAL ENVIRONMENT; AND

(2) DEVELOPMENT MAINTAINS AND ENHANCES THE CHARACTER OF THE AREA AND

RESPECTS THE AMENITIES OF ADJOINING RESIDENTS; AND

(3) ACCESS AND CAR PARKING ARRANGEMENTS CAN BE PROVIDED IN

ACCORDANCE WITH THE BOROUGH COUNCIL’S CURRENTLY ADOPTED

STANDARDS; AND

(4) THE SITE IS LOCATED WHERE INCREASED TRAFFIC ACTIVITY WOULD NOT BE

DETRIMENTAL TO LOCAL AMENITY.

Self-Contained Flats 4.161. The conversion of larger houses into self-contained flats can play a valuable role in providing

accommodation more suited to smaller households. This diversification of the housing stock and encouragement of smaller dwellings is fully consistent with current Government policy and the

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policies of the County Structure Plan. However, there is a need to ensure that the provision of small units of accommodation through the conversion and subdivision of existing property is not made at the expense of other planning considerations such as the availability of family housing, the amenities of other residents and highways and parking considerations. Policy H21 is designed to control the potential problems that may arise from such proposals.

POLICY H21 PROPOSALS FOR THE CONVERSION OR REDEVELOPMENT OF

DWELLINGS TO SELF-CONTAINED FLATS WILL BE PERMITTED, PROVIDED IT CAN BE

DEMONSTRATED THAT THE FOLLOWING CRITERIA ARE MET:

(1) THE INTENSIFIED USE OF THE SITE WOULD NOT HARM THE CHARACTER AND

APPEARANCE OF THE BUILDING OR THE SURROUNDING AREA; AND

(2) PROPOSALS WILL NOT HAVE AN ADVERSE EFFECT ON THE AMENITY OF THE

AREA; AND

(3) THE INTERNAL LAYOUT OF THE FLATS WILL PROVIDE FOR ACCEPTABLE LIVING

ACCOMMODATION AND PROPOSALS WOULD NOT RESULT IN NUISANCE TO, OR

HAVE AN ADVERSE EFFECT ON THE AMENITY OF, ADJOINING RESIDENTS; AND

(4) SUFFICIENT CAR PARKING FOR PROPOSALS MUST BE PROVIDED IN

ACCORDANCE WITH THE BOROUGH COUNCIL'S CURRENTLY ADOPTED

STANDARDS, AND ANY ADDITIONAL PARKING REQUIREMENTS MUST NOT

ADVERSELY AFFECT THE VISUAL SETTING OF THE PROPERTY OR THE STREET

SCENE.

Houses in Multiple Occupation 4.162. The conversion of buildings into use as a house for multiple occupation also presents

opportunities for making provision for smaller households. Houses in multiple occupation (HMOs) differ from self-contained flats in comprising private bedrooms or bedsitting rooms with other facilities such as bathrooms, WCs and kitchens shared. HMOs can provide inexpensive accommodation for single person households but can cause nuisance to neighbours through increased traffic movements, parking provision and overlooking. The character of the building and its locality may also be affected by the need for fire escapes and space to dry washing and store waste. The Borough Council will take these factors into account when considering proposals for multiple occupation.

POLICY H22 PLANNING PERMISSION WILL ONLY BE GRANTED FOR THE USE OF A

BUILDING AS A HOUSE IN MULTIPLE OCCUPATION IF:

(1) THERE WOULD BE NO HARM TO THE AMENITY OF THE INTENDED OCCUPIERS OF

THE BUILDING, OR OCCUPIERS OF NEIGHBOURING BUILDINGS NOR TO THE

CHARACTER OR APPEARANCE OF THE BUILDING OR LOCALITY; AND

(2) THE PROPERTY IS IN AN AREA WITH A PREDOMINANTLY COMMERCIAL

CHARACTER WITH SOME RESIDENTIAL USE; AND

(3) THE PROPERTY HAS ACCEPTABLE ACCESS AND SUFFICIENT CAR PARKING

ARRANGEMENTS PROVIDED IN ACCORDANCE WITH THE BOROUGH COUNCIL’S

CURRENTLY ADOPTED STANDARDS; AND

(4) THE PROPERTY IS LOCATED WHERE INCREASED TRAFFIC ACTIVITY WOULD NOT

BE DETRIMENTAL TO LOCAL AMENITY.

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The Conversion of Former Offices or other Buildings into Residential Accommodation 4.163. Opportunities for increasing residential accommodation within built-up areas may also arise

through the conversion of redundant offices or other buildings in non-residential use. The Borough Council will encourage the implementation of such opportunities, although it will resist the introduction of residential uses into those designated employment areas where it is the policy to retain employment. The Council will also seek to ensure that the accommodation and its location are capable of providing an attractive residential environment. The provision of residential accommodation above shops is dealt with in Policy R19.

POLICY H23 WITHIN BUILT-UP AREAS AS DEFINED ON THE PROPOSALS MAP, THE

BOROUGH COUNCIL WILL PERMIT THE CONVERSION OR REDEVELOPMENT OF

REDUNDANT OFFICES OR OTHER BUILDINGS TO RESIDENTIAL USE PROVIDED:

(1) THE PROPOSAL IS CAPABLE OF PROVIDING AN ACCEPTABLE RESIDENTIAL

ENVIRONMENT; AND

(2) IT DOES NOT INVOLVE THE LOSS OF EMPLOYMENT FLOORSPACE WITHIN

DESIGNATED EMPLOYMENT AREAS WHERE IT IS THE POLICY TO RETAIN

EMPLOYMENT OPPORTUNITIES; AND

(3) ACCESS AND CAR PARKING ARRANGEMENTS CAN BE PROVIDED IN

ACCORDANCE WITH THE BOROUGH COUNCIL’S CURRENTLY ADOPTED

STANDARDS; AND

(4) THE SITE IS LOCATED WHERE INCREASED TRAFFIC ACTIVITY WOULD NOT BE

DETRIMENTAL TO LOCAL AMENITY.

Affordable Housing 4.164. The Department of the Environment, Transport and the Regions Circular 06/98 – “Planning and

Affordable Housing” confirms that a community‟s need for affordable housing is a material consideration which may properly be taken into account in formulating development plan policies. In accordance with the circular advice, the Borough Council uses the term to encompass both low-cost market and subsidised housing that will be available to people who cannot afford to occupy houses generally available on the open market. It includes housing for rent or shared ownership through a housing association or other registered social landlord, or housing that meets the needs of those identified as being in need and is for sale at a price they can afford to pay.

4.165. The Kent Structure Plan states that housing provision within Districts should include a proportion

of affordable housing to be established in Local Plans on the basis of an assessment of housing needs in each District. It also requires that on larger housing sites, local planning authorities should seek the provision of a range of dwelling sizes and types to meet District needs for both family housing and smaller units of accommodation (including affordable housing), and to make a significant proportion of social housing available appropriate to identified needs.

4.166. A report on local needs published in 1996 for the Borough Council found that the current need in

the Borough for affordable housing is 5,775 dwellings and that if projected needs to 2006 are taken into account then this figure increases to a total of 10,778 dwellings.

4.167. The Borough Council regards those in need as being:

(i) residents in the area in accommodation which is shared, overcrowded or otherwise unsuited to their needs; or

(ii) first-time buyers living in the area; or

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(iii) people dependent on a household living in the area; or

(iv) elderly, retired or disabled people requiring smaller or specialised accommodation who

already live in the area; or

(v) households which include people employed in the area or about to take up an offer of employment and who need to live locally; or

(vi) people who have moved away from the area but retain established kinship ties there.

4.168. Circular 06/98 advises that policies making provision for affordable housing should apply only to

developments of 25 or more dwellings. Residential allocations on such sites in this Local Plan are likely to yield a total of no more that 2,641 dwellings; considerably less than the needs identified. Accordingly the Borough Council feels justified in seeking a significant proportion of affordable housing on these sites. The target for each site is set out in policy H24 below as a basis for negotiation.

4.169. Circular 06/98 also advises that where the identified need for affordable housing exceeds the

number of affordable homes likely to be achieved from public investment and sites specified in the Plan, then local planning authorities should seek such provision from other (windfall) sites. In accordance with this advice the Borough Council will seek the provision of 25% affordable housing from development proposals of 25 dwellings or more, or residential sites of one hectare or more, irrespective of the number of dwellings, from „windfall‟ sites.

4.170. The Borough Council accepts that individual sites may present differing development constraints

and that targets for affordable housing may need to be the subject of negotiation. In assessing proposals that come forward, the Borough Council will take into account such factors as site size and suitability, the proximity of services and the economics of provision as advised by the Circular. On sites where there are no extraordinary circumstances, the Borough Council considers that (because of the high level of demand identified in paragraph 4.168) provision should be in the order of 25%.

POLICY H24 ON ALLOCATED AND WINDFALL SITES WHERE A LOCAL NEED HAS BEEN

ESTABLISHED, THE BOROUGH COUNCIL WILL NEGOTIATE WITH DEVELOPERS TO

SECURE AN ELEMENT OF AFFORDABLE HOUSING. PROVISION ON WINDFALL SITES

WILL BE SOUGHT FROM PROPOSALS OF 25 DWELLINGS OR MORE OR FROM SITES OF

ONE HECTARE OR MORE IRRESPECTIVE OF THE NUMBER OF DWELLINGS.

(i) KENT GARDEN CENTRE 25

(ii) NORTH OF SUTTON ROAD 66

(iii) FURFIELD QUARRY 37

(iv) PESTED BARS ROAD 22

(v) FOUNTAIN PARK 27

(vi) OAKWOOD HOSPITAL 55

(vii) NORTH OF MARDEN ROAD, STAPLEHURST 30

(viii) LANGLEY PARK FARM WEST 81

(ix) HOOK LANE, HARRIETSHAM 17

(x) EAST OF HERMITAGE LANE 95

(xi) BRIDGE NURSERY 20

(xii) HAYLE PLACE, MAIDSTONE 25

(xiii) WEST OF ROYAL ENGINEERS’ ROAD, MAIDSTONE 10

(xiv) OLIVER ROAD, STAPLEHURST 12

(xv) SOUTH OF HART STREET, LOCKMEADOW, MAIDSTONE 28

(xvi) MAIDSTONE EAST STATION 7

(xvii) FARLEIGH HILL, TOVIL 16

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THE HOUSING PROVIDED UNDER THIS POLICY SHOULD ALWAYS BE AVAILABLE AS

AFFORDABLE HOUSING FOR LOCAL PEOPLE AND THEREFORE PERMISSION WILL BE

SUBJECT TO CONDITIONS, OR A PLANNING OBLIGATION WILL BE NEGOTIATED, TO

ENSURE THAT ALL INITIAL AND SUBSEQUENT OCCUPIERS WILL:

(1) BE PEOPLE FROM THE LOCAL COMMUNITY IN HOUSING NEED; AND

(2) WILL BENEFIT FROM THE AFFORDABLE STATUS OF THE DWELLINGS.

PERMITTED DEVELOPMENT RIGHTS WILL BE WITHDRAWN SO THAT CONTROL MAY

BE EXERCISED OVER THE ENLARGEMENT OR ALTERATIONS OF DWELLINGS IN WAYS

WHICH WOULD CHANGE THEIR AFFORDABILITY FOR FUTURE USERS.

Sheltered Accommodation 4.171. Housing provision must also take into account specialised needs for sheltered accommodation.

Sheltered housing shall be defined as „purpose built or converted self-contained accommodation protected with a complete system of fire protection and emergency alarms, and supported with communal facilities and a resident warden‟. The design of such dwellings would normally incorporate an intercom and door phone security to each flat, safety features for the elderly, a high degree of sound and heating insulation, wheel chair access and communal facilities such as lounge, laundry room, telephone and lift to all floors.

POLICY H25 THE BOROUGH COUNCIL WILL TAKE INTO ACCOUNT THE FOLLOWING

FACTORS IN CONSIDERING PROPOSALS FOR SHELTERED ACCOMMODATION:

(1) IT IS WELL RELATED TO PUBLIC TRANSPORT, SHOPPING AND COMMUNITY

FACILITIES; AND

(2) THERE IS ADEQUATE ACCESS FOR RESIDENTS, AMBULANCES AND DOCTORS.

Nursing Homes 4.172. In response to Government policy, there has been increasing pressure for homes providing

private nursing accommodation for the elderly infirm. These may be provided either through the conversion of existing property, often large detached houses, or through new purpose built accommodation.

4.173. Where the conversion of existing property is concerned, this is often followed by subsequent

proposals for extensions to the original building. The Borough Council is anxious that proposals for such accommodation include adequate amenity open space for residents and sufficient car parking for staff and visitors without damage to the original building or its setting.

4.174. In all cases the Borough Council will wish to be satisfied that the proposal does not adversely

affect the character of the area or the amenities of adjoining residents.

POLICY H26 IN CONSIDERING PROPOSALS FOR THE PROVISION AND EXTENSIONS OF

NURSING HOMES AND RESIDENTIAL CARE HOMES, THE BOROUGH COUNCIL WILL

TAKE INTO ACCOUNT THE FOLLOWING FACTORS:

(1) THE EXTENT TO WHICH THE PROPOSAL INCLUDES ADEQUATE AMENITY SPACE

FOR RESIDENTS AND SUFFICIENT CAR PARKING TO ADOPTED STANDARDS; AND

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(2) THE EFFECT ON THE CHARACTER OF THE AREA AND THE AMENITIES OF

NEIGHBOURING PROPERTIES; AND

(3) IN THE CASE OF PROPOSALS INVOLVING THE EXTENSION OF EXISTING

PROPERTIES, THE EFFECT ON THE CHARACTER OF THE BUILDING AND ITS

SETTING; AND

(4) IN THE CASE OF RESIDENTIAL CARE HOMES, THE DEVELOPMENT IS WELL

RELATED TO PUBLIC TRANSPORT, SHOPPING AND COMMUNITY FACILITIES.

Rural Settlements 4.175. The 1996 Kent Structure Plan continues previous policies of concentrating new development in or

adjoining towns and restricting the outward spread of most villages. Three types of rural settlement are identified in the Structure Plan:

(i) settlements where new residential development will be restricted to minor development

(Structure Plan Policy RS2);

(ii) settlements having the potential for more extensive levels of development (Structure Plan Policy RS3(a)); and

(iii) settlements which are of such exceptional conservation importance that their conservation

and enhancement will be the paramount planning consideration (Structure Plan Policy RS3(b)).

4.176. The now superseded Maidstone Borough Local Plan defined the boundaries of those settlements

within which new residential development will be restricted. These are carried forward into this Local Plan together with four villages previously subject to significant residential allocations. These allocations, at Coxheath, Headcorn, Lenham and Marden have either been developed or have gained planning consent. It is considered that further housing provision should now be limited to minor development within their existing confines. A new allocation is identified under policy H1 of this Local Plan at Detling in recognition of specific opportunities which have arisen, which has the support of the Parish Council concerned and which is considered appropriate under the provisions of Structure Plan Policy RS2.

4.176. For the purposes of Policy H27 below, minor development will include infilling which is the

completion of an otherwise substantially built-up frontage by the filling of a narrow gap capable usually of taking one or two dwellings only. Otherwise the Borough Council's interpretation of what constitutes minor development will be considered in each case in the context of the settlement concerned as advised in the Kent Structure Plan.

POLICY H27 WITHIN THE BOUNDARIES OF THE VILLAGES LISTED BELOW AND

DEFINED ON THE PROPOSALS MAP, NEW RESIDENTIAL DEVELOPMENT WILL BE

RESTRICTED TO MINOR DEVELOPMENT.

BOUGHTON MONCHELSEA

BOUGHTON QUARRIES

BREDHURST

CHART SUTTON

COXHEATH

DETLING

FARLEIGH GREEN

GRAFTY GREEN

HEADCORN

HOLLINGBOURNE (EYHORNE STREET)

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KINGSWOOD

LADDINGFORD

LANGLEY HEATH

LEEDS (UPPER AND LOWER STREET)

LENHAM

LOOSE

MARDEN

NETTLESTEAD

PLATT’S HEATH

STOCKBURY

SUTTON VALENCE

TESTON

ULCOMBE

YALDING

Rural Settlements with the Potential for New Residential Development in Excess of Minor

Development 4.176. Six rural settlements were identified in the now superseded Maidstone Borough Local Plan as

locations for significant amounts of residential development. At four of these, the sites allocated have now been developed or have the benefit of a planning consent (see paragraph 4.176 above). The remaining two settlements (Harrietsham and Staplehurst) are carried forward into this Local Plan.

POLICY H28 WITHIN THE VILLAGE BOUNDARIES OF HARRIETSHAM AND

STAPLEHURST, AS DEFINED ON THE PROPOSALS MAP, NEW RESIDENTIAL

DEVELOPMENT WILL BE PERMITTED WHEN IT IS:

(1) IN SPECIFIC LOCATIONS IDENTIFIED IN POLICY H2 AND ON THE PROPOSALS

MAP AS FOLLOWS:

(i) HARRIETSHAM – HOOK LANE

(ii) STAPLEHURST - NORTH OF MARDEN ROAD (APPROPRIATE OFF-SITE

HIGHWAY WORKS WILL BE SOUGHT IN RELATION TO THE IMPACT OF

TRAFFIC GENERATED BY THE PROPOSED DEVELOPMENT);

(iii) STAPLEHURST - OLIVER ROAD; OR

(2) MINOR DEVELOPMENT SUCH AS INFILLING; OR

(3) AFFORDABLE HOUSING FOR LOCAL NEEDS.

Rural Settlements of Conservation Importance 4.179. A large number of the rural settlements within the Borough include designated Conservation

Areas. There are already adequate powers to control development in, or adjacent to, such areas of special quality, although elsewhere in the settlement development may be acceptable. It is not therefore proposed to identify any settlements wholly or partly within this category.

4.180. However some settlements do not have boundaries defined in this Local Plan because it is felt

that infilling would be detrimental to maintaining their existing character and appearance. In many cases there are conservation or landscape constraints. A logical boundary may be difficult to define because properties are on plots of widely varying sizes. In addition some very large

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buildings or groups of buildings are separated by open countryside giving a very loose knit form of development. Access roads are frequently narrow and local services inadequate.

4.180. A general policy restricting development in the countryside is included in the Environment Chapter

(see Policy ENV28). However it is envisaged that there may be some scope for infilling in existing areas of development outside defined settlements and in the countryside, as an exception to the normal presumption against such proposals. PPG 7 – “The Countryside – Environmental Quality and Economic and Social Development” states as follows:

„Sensitive infilling of small gaps within small groups of houses or minor extensions to groups may also be acceptable though much would depend on the character of the surroundings and the number of such groups in the area.‟

4.180. For the purposes of this policy, infilling is defined as the completion of an otherwise built-up

frontage by the filling of a narrow gap usually capable of taking one or two dwellings only. Proposals will need to demonstrate that they comply with other relevant policies in this Plan and in particular the need to have regard to local character and amenities (ENV28), to avoid the loss of best and most versatile agricultural land (ENV29) and to provide satisfactory access arrangements (T23).

POLICY H29 OUTSIDE THE DEFINED URBAN AREAS AND VILLAGE BOUNDARIES

PLANNING PERMISSION FOR INFILLING, THAT IS FILLING OF A SMALL GAP IN AN

OTHERWISE BUILT-UP FRONTAGE, OR FOR MINOR EXTENSIONS OF SMALL GROUPS

OF HOUSES, WILL NOT BE GRANTED IF THE PROPOSAL WOULD EXTEND RURAL

SETTLEMENTS INTO THE OPEN COUNTRYSIDE.

Local Needs Housing in Rural Areas 4.180. Policy H24 is mainly relevant where significant new housing schemes are taking place. In many

rural areas, such development will not occur, and affordable homes for local needs may need to be brought forward completely independent of other development, as an exception to the normal policy restraint. It is clear from consultations with Parish Councils in the Borough that the lack of affordable or low cost housing in rural settlements is a matter of considerable concern. Many low income people, despite having roots and even jobs in the rural area, are unable to find housing to buy or rent within their means and are forced to move away. There is a need to provide low-cost housing for people with a local connection, on modest incomes, usually first time buyers but also for older people wishing to remain in their community but requiring smaller accommodation. Such housing will be additional to the provision made in this Local Plan for general demand housing.

4.180. The Borough Council is anxious to respond positively to the needs of local communities. Parish Councils will be encouraged to carry out surveys to establish whether there are unsatisfied local needs within their areas. Where, as a result of an up-to-date and well supported survey, it is considered that action is required to remedy a particular deficiency of housing provision, the Borough Council, in close liaison with the Parish Council concerned, will work with private developers, self-build groups, housing agencies and rural housing associations to identify suitable sites and to secure appropriate management agreements. It is of vital importance that there are adequate safeguards to prevent housing intended to satisfy pressing local needs from passing into the general housing market. The Council is concerned to ensure that local needs housing is not secured at the price of permitting ordinary housing on otherwise unacceptable sites.

4.180. Local needs housing is considered appropriate to meet the requirements of the following groups

of people:

(i) resident households in the settlement and adjacent parishes currently in unsuitable accommodation; or

(ii) first time buyers from the settlement and adjacent parishes; or

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(iii) persons who are dependants of households living in the settlement and adjacent parishes;

or

(iv) households including persons employed in the settlement and adjacent parishes and living elsewhere; or

(v) persons who have been forced to move away from the settlement or adjacent parishes

because they have been unable to find suitable housing.

POLICY H30 THE BOROUGH COUNCIL WILL PERMIT PROPOSALS FOR AFFORDABLE

HOUSING FOR LOCAL NEEDS IN RURAL PARISHES PROVIDED THAT:

(1) SUCH A NEED HAS BEEN CLEARLY IDENTIFIED BY A DETAILED PARISH SURVEY;

AND

(2) THERE ARE NO ALTERNATIVE MEANS OF MEETING THE NEED; AND

(3) THE DEVELOPMENT IS OF A SIZE AND MIX APPROPRIATE TO THE SPECIFIC

LOCAL HOUSING NEED; AND

(4) THE FIRST AND ALL SUBSEQUENT OCCUPIERS OF UNITS ARE RESTRICTED TO

THE GROUPS OF PEOPLE SET OUT IN PARAGRAPH 4.185; AND

(5) THE BOROUGH COUNCIL IS SATISFIED THAT CONDITIONS (3) AND (4) ABOVE ARE

ATTAINABLE AND ENFORCEABLE IN THE LONG TERM; AND

(6) THE SITE IDENTIFIED IS ACCEPTABLE WITH REGARD TO ITS RELATIONSHIP WITH

THE BUILT FORM OF THE SETTLEMENT, AVAILABILITY OF LOCAL SERVICES, ITS

IMPACT ON THE SURROUNDING COUNTRYSIDE AND HIGHWAY AND

INFRASTRUCTURE REQUIREMENTS.

Change of Use of Agricultural Land to Domestic Garden Land 4.186. Planning permission is not required when agricultural land is sold off as individual plots provided

that there is no change in the use of the land. Many individuals own small parcels of land in the countryside and maintain the land either for production purposes as a hobby/leisure pursuit, or simply to protect the character of the countryside.

4.187. Planning permission is required where agricultural land is used to form an enlarged domestic

garden. In some instances this can have an adverse impact on the visual character of the countryside especially where lawns, domestic plants/shrubs and garden furniture replace areas which were previously used for agricultural production.

4.188. The change of use of agricultural land to domestic garden land is, in principle, contrary to the

objectives of safeguarding the character and functioning of the countryside. However, in exceptional circumstances, extensions to residential gardens may be allowed where the overall appearance of the countryside is not compromised. The Borough Council will resist the loss of any agricultural land to residential gardens where such proposals would damage the integrity of the rural landscape and lead to a domestication of the countryside.

4.189. The Council will determine planning applications for changes of use of agricultural land to garden

land, on their individual merits in accordance with the countryside conservation policies within this Local Plan. These restraint policies will safeguard against inappropriate or excessive extensions to domestic gardens, by protecting the character, functioning and appearance of the countryside.

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POLICY H31 PLANNING PERMISSION WILL NOT BE GRANTED FOR THE CHANGE OF

USE OF AGRICULTURAL LAND TO DOMESTIC GARDEN IF THERE WOULD BE:

(1) HARM TO THE CHARACTER AND APPEARANCE OF THE COUNTRYSIDE; AND/OR

(2) LOSS OF THE BEST AND MOST VERSATILE AGRICULTURAL LAND.

Rebuilding and Extending Dwellings in the Countryside 4.190. This Local Plan reflects strategic policies of development restraint in the countryside, the

protection of rural amenity and the need to keep down the cost of providing services to scattered dwellings. However the Kent Structure Plan does allow for development in certain circumstances including the acceptable rebuilding or modest extension of a dwelling currently in residential use in an appropriate location.

4.191. In considering proposals for such development, the Borough Council will have particular regard to

their impact on the rural character of the area, through such factors as scale, design, materials and their effect on the landscape and the amenities of adjoining residents.

4.192. The term „original dwelling‟ refers to the dwelling as it was on 1 July 1948 or, if built later, as it was

when first erected and granted planning permission.

POLICY H32 OUTSIDE THE BUILT-UP AREA OF SETTLEMENTS, PLANNING PERMISSION

WILL BE GRANTED FOR THE REPLACEMENT OF A DWELLING IF:

(1) THE PRESENT DWELLING HAS A LAWFUL RESIDENTIAL USE; AND

(2) THE PRESENT DWELLING IS NOT THE RESULT OF A TEMPORARY PLANNING

PERMISSION; AND

(3) THE NEW DWELLING IS NO MORE VISUALLY INTRUSIVE THAN THE ORIGINAL

DWELLING; AND

(4) THE NEW DWELLING IS SITED TO PRECLUDE RETENTION OF THE DWELLING IT IS

INTENDED TO REPLACE, OR THERE IS A CONDITION OR A PLANNING OBLIGATION

TO ENSURE THE DEMOLITION OF THE LATTER ON COMPLETION OF THE NEW

DWELLING; AND

(5) THE NEW DWELLING HAS A SAFE ACCESS; AND

(6) THE EXISTING DWELLING IS NOT A LISTED BUILDING; AND

(7) THE PROPOSAL DOES NOT RESULT IN AN UNACCEPTABLE LOSS OF AMENITY OR

PRIVACY FOR ADJOINING RESIDENTIAL PROPERTIES.

POLICY H33 EXTENSIONS TO DWELLINGS IN THE COUNTRYSIDE WILL NOT BE

PERMITTED IF THEY:

(1) CREATE A SEPARATE DWELLING OR ONE OF A SCALE AND TYPE OF

ACCOMMODATION THAT IS CAPABLE OF BEING USED AS A SEPARATE

DWELLING; OR

(2) OVERWHELM OR DESTROY THE ORIGINAL FORM OF THE EXISTING HOUSE; OR

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(3) ARE POORLY DESIGNED OR UNSYMPATHETICALLY RELATED TO THE EXISTING

HOUSE; OR

(4) RESULT IN A DEVELOPMENT WHICH INDIVIDUALLY OR CUMULATIVELY IS

VISUALLY INCONGRUOUS IN THE COUNTRYSIDE; OR

(5) RESULT IN AN UNACCEPTABLE LOSS OF AMENITY OR PRIVACY FOR ADJOINING

RESIDENTIAL PROPERTY.

Agricultural Dwellings 4.193. PPG7 advises that one of the few circumstances in which isolated residential development in the

countryside may be justified is when accommodation is required to enable farm or forestry workers to live at, or in the immediate vicinity of, their place of work. It continues that applications for such accommodation should be scrutinised thoroughly to establish the validity of claims that such accommodation is essential. In considering whether a dwelling is essential the Borough Council will apply functional and, if appropriate, financial tests in accordance with Government advice. Moreover, as PPG7 makes clear, it is the needs of the holding, not the preferences of the individuals concerned, which will determine whether a dwelling is essential or not.

4.194. The Borough Council will condition any planning permission to ensure that proposed dwellings,

and where appropriate, existing dwellings, remain in agricultural occupancy. The Borough Council is aware of Central Government advice on the removal of agricultural occupancy conditions and will deal with each case on its merits.

4.195. When granting planning permission for a new agricultural dwelling, the Borough Council will

consider the imposition in addition of an occupancy condition on existing dwellings on the unit which are under the control of the applicant, do not have occupancy conditions and need at the time of the application to be used in connection with the farm.

POLICY H34 PLANNING PERMISSION WILL NOT BE GRANTED TO SITE A PERMANENT

DWELLING FOR AN AGRICULTURAL OR FORESTRY WORKER IN THE COUNTRYSIDE

OUTSIDE DEFINED SETTLEMENT BOUNDARIES UNLESS:

(1) A DWELLING AND ITS PROPOSED SITING ON AN AGRICULTURAL OR FORESTRY

HOLDING ARE ESSENTIAL FOR THE EFFICIENT RUNNING OF THE ENTERPRISE

THERE; AND

(2) THE NEED IS FOR THE ACCOMMODATION OF A FULL TIME WORKER; AND

(3) THE UNIT AND THE AGRICULTURAL OR FORESTRY ACTIVITY CONCERNED HAVE

BEEN ESTABLISHED FOR AT LEAST 3 YEARS, HAVE BEEN PROFITABLE FOR AT

LEAST ONE OF THEM, ARE CURRENTLY FINANCIALLY SOUND AND HAVE A

CLEAR PROSPECT OF REMAINING SO; AND

(4) NO OTHER HOUSING ACCOMMODATION IS ALREADY AVAILABLE LOCALLY,

WHETHER OCCUPIED OR NOT, TO MEET THE NEED; AND

(5) THE NECESSARY ACCOMMODATION CANNOT BE PROVIDED BY THE

CONVERSION OF A BUILDING ON THE HOLDING; AND

(6) THE NEW DWELLING IS TO BE SITED WITH ANY FARMSTEAD OR OTHER GROUP

OF RURAL BUILDINGS ON THE HOLDING; AND

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(7) THE NEW DWELLING IS NO LARGER IN SIZE THAN IS JUSTIFIED BY THE NEEDS

OF THE ENTERPRISE OR MORE EXPENSIVE TO CONSTRUCT THAN THE INCOME

OF THE ENTERPRISE CAN SUSTAIN.

THE BOROUGH COUNCIL WILL LIMIT THE OCCUPATION OF ANY DWELLING TO A

PERSON SOLELY OR MAINLY WORKING, OR LAST WORKING, IN THE LOCALITY IN

AGRICULTURE OR FORESTRY, OR A WIDOW OF SUCH A PERSON, AND TO ANY

RESIDENT DEPENDANTS. 4.196. PPG7 (paragraph I14) advises that if a new dwelling is essential to support a new farming activity,

whether on a newly created agricultural unit or an established one, it should normally for the first three years be provided by a caravan, a wooden structure which can be easily dismantled, or other temporary accommodation. The purpose of this policy is to allow the enterprise to demonstrate that it is viable and therefore that there is an essential need for permanent accommodation.

POLICY H35 PLANNING PERMISSION WILL NOT BE GRANTED TO SITE A CARAVAN OR

OTHER FORM OF TEMPORARY HOUSING ACCOMMODATION FOR AN AGRICULTURAL

OR FORESTRY WORKER IN THE COUNTRYSIDE OUTSIDE DEFINED SETTLEMENT

BOUNDARIES UNLESS:

(1) SUCH A DWELLING AND ITS SITING ON AN AGRICULTURAL OR FORESTRY

HOLDING ARE ESSENTIAL FOR THE EFFICIENT DEVELOPMENT AND RUNNING OF

THE ENTERPRISE THERE; AND

(2) THE NEED IS FOR ACCOMMODATION FOR A FULL TIME WORKER; AND

(3) THERE IS CLEAR EVIDENCE THAT THE ENTERPRISE HAS BEEN PLANNED ON A

SOUND FINANCIAL BASIS AND THAT THERE IS A FIRM INTENTION AND ABILITY TO

DEVELOP IT; AND

(4) NO OTHER HOUSING ACCOMMODATION IS ALREADY AVAILABLE LOCALLY,

WHETHER OCCUPIED OR NOT, TO MEET THE NEED; AND

(5) THE NECESSARY ACCOMMODATION CANNOT BE PROVIDED BY THE

CONVERSION OF A BUILDING ON THE HOLDING; AND

(6) THE TEMPORARY ACCOMMODATION IS TO BE SITED WITH ANY FARMSTEAD OR

OTHER GROUP OF RURAL BUILDINGS ON THE HOLDING.

WHERE A TEMPORARY PLANNING PERMISSION IS GRANTED FOR A DWELLING, THE

BOROUGH COUNCIL WILL:

(A) LIMIT THE PERMISSION TO A TERM OF NO MORE THAN 3 YEARS; AND

(B) LIMIT THE OCCUPATION OF THE ACCOMMODATION TO A PERSON SOLELY OR

MAINLY WORKING, OR LAST WORKING IN THE LOCALITY IN AGRICULTURE OR

FORESTRY, OR A WIDOW OR WIDOWER OF SUCH A PERSON AND TO ANY

RESIDENT DEPENDANTS; AND

(C) REQUIRE THE REMOVAL OF THE TEMPORARY ACCOMMODATION WITHIN 3

MONTHS AFTER THE EXPIRY OF THE PERMISSION; AND

(D) REQUIRE THE RESTORATION OF THE SITE WITHIN 12 MONTHS AFTER THE

EXPIRY OF THE PERMISSION IN ACCORDANCE WITH A SCHEME AGREED WITH

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THE LOCAL PLANNING AUTHORITY UNLESS A PERMISSION IS GRANTED FOR A

PERMANENT DWELLING THERE.

Accommodation for Gypsies 4.197. The Borough Council recognises the need to provide temporary accommodation in the

countryside in exceptional circumstances. In particular, there is a need for this Local Plan to take into account Government advice as set out in Circulars 1/94 and 18/94 concerning the provision of accommodation for gypsies. Gypsies are defined in the Caravan Sites Act 1968 as „persons of nomadic habit of life whatever their race or origin, but (this) does not include members of an organised group of travelling showmen and persons engaged in travelling circuses, travelling together as such‟.

4.198. This encourages gypsies to find their own private sites and indicates locational factors to be taken

into consideration and that normal countryside conservation considerations will apply to the assessment of each application. It is also Government advice that an applicant‟s status as a gypsy is one of the considerations in the determination of any proposal but not an overriding one. The advice also makes it clear that local authorities should indicate what regard they have had to meeting gypsies‟ accommodation needs and that adequate provision should be made through locational and/or criteria based development plan policies. The Borough Council‟s approach is criteria based.

4.199. It adds that in deciding what level of provision is necessary, authorities should have up to date

information, and maintain records, through regular counts. When preparing development plans, authorities should take into consideration the numbers of gypsy caravans in their areas.

4.200. The Council bi-annually monitors the provision of gypsy accommodation in the Borough and will

continue to do so. On the 26 January 1987 the Secretary of State designated the Borough under Section 12 of the Caravan Sites Act 1968 as an area that he was satisfied had made adequate provision for the accommodation of gypsies residing in or resorting to its area. Nevertheless planning permissions have continued to be granted, with the result that approved pitches in the Borough have increased still further. However the Council recognises that pressure for sites may continue in the future, and due to its constrained landscape will assess future applications on the basis of the policy set out below.

4.201. Any application for a gypsy site, as for any other use, must be determined in accordance with

policy and in relation to land use factors, and any planning consents must be consistent with the agricultural and environmental policies of this Plan. In addition, when considering applications for gypsy accommodation, the Borough Council will take into account the advice in paragraph 13 of Circular 1/94 that as a rule it will not be appropriate to make provision for gypsy sites in areas of open land where development is severely restricted, for example, Areas of Outstanding Natural Beauty, Sites of Special Scientific Interest, and other protected areas.

4.202. The new policy set out below reflects Government advice whilst striking a balance between

demand and need.

POLICY H36 PLANNING PERMISSION WILL NOT BE GIVEN TO GYPSY SITES UNLESS:

(1) THE RESIDENT HAS A NOMADIC WAY OF LIFE, AND TRAVELS FOR THE PURPOSE

OF MAKING A LIVELIHOOD; AND

(2) THE SITE SHOULD BE SATISFACTORILY SCREENED BY NATURAL FEATURES;

AND

(3) THE DEVELOPMENT OF THE SITE WILL NOT RESULT IN AN UNDUE

CONCENTRATION OF SUCH DEVELOPMENTS WHICH WOULD ADVERSELY

AFFECT THE CHARACTER OR AMENITY OF THE COUNTRYSIDE OR AN AREA.

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Provision of Open Playing Space 4.203. The Borough's growing population will generate the need for additional open space and

recreational facilities. Without such provision, extra pressures will be put upon existing facilities, which in some areas of the Borough are already inadequate.

4.204. The National Playing Fields Association (NPFA) has set out minimum standards in urban areas

for formal sports and recreation areas for adults and informal play space for children. The NPFA recommends a minimum standard of outdoor playing space of 2.43 hectares per 1000 population. Depending on the population profile of the particular location and the level of existing facilities available, the total NPFA standard is broken down to provide for youth and adult use at 1.6 to 1.8 hectares per 1000 population and children‟s play space at 0.6 to 0.8 hectares per 1000 population.

4.205. To assist in the application of the above standard, the Borough Council has converted this to a

standard of provision per dwelling based on the average occupancy rate for the Borough. For new developments in excess of 0.4 hectares, the Borough Council has, therefore, adopted the levels of provision set in the National Playing Field Association Standard as follows:

Outdoor Sport: 45 m

2 per dwelling

Children's Playing Space: 15 m2 per dwelling

Total Open Playing Space provision: 60 m2 per dwelling

4.206. Whilst the scale of open playing space provision is prescribed by the standard, the actual amount,

form and nature of open playing space to be provided in association with any particular development will vary depending on the size of the development site, the character of the site, the nature of the development, and the amount of existing open playing space provision in the immediate area. Any open playing space provided in accordance with the required standard should be of a size, and in a location, to make it useable for play of a reasonably vigorous nature without causing nuisance to adjoining properties. In this respect, large areas are preferred to numerous small ones. In some cases, open playing space will not be sought, for example, in schemes providing sheltered accommodation for the elderly, or where there is a surplus of sports pitches for the area as a whole. The Borough Council will produce Supplementary Planning Guidance setting out circumstances where full open playing space provision (in accordance with the standards in Policy H37) will be applied, and where a reduced provision will be accepted.

4.207. Where it is considered to be impracticable or inappropriate to provide sports pitches within the development site, for example, where site characteristics make on-site provision impracticable, payment may be made to the Borough Council in lieu of provision at the site. In such cases, the Borough Council will use payments received to secure the provision of additional facilities elsewhere in the vicinity, or the enhancement of existing facilities to enable more intensive use.

4.208. In considering proposals for the location of open spaces in new housing developments the

Borough Council will have regard to the layout of the residential area, the need to maximise accessibility, and natural surveillance from surrounding dwellings. The Borough Council will seek to ensure that residential development protects the environment and secures the amenities of residents by the provision of a high standard of internal layout and landscaping.

POLICY H37 FOR NEW RESIDENTIAL DEVELOPMENTS IN EXCESS OF 0.4 HECTARES,

THE BOROUGH COUNCIL WILL REQUIRE THE PROVISION OF OPEN PLAYING SPACE,

INCLUDING EQUIPPED CHILDREN'S PLAYGROUNDS WHERE APPROPRIATE, AT THE

LEVEL OF 60 M2 PER DWELLING IN ACCORDANCE WITH THE RECOMMENDATIONS OF

THE NATIONAL PLAYING FIELDS ASSOCIATION.

WHERE IT IS CONSIDERED TO BE IMPRACTICAL OR INAPPROPRIATE TO PROVIDE

OPEN PLAYING SPACE WITHIN OR ADJACENT TO THE DEVELOPMENT SITE DUE TO

SITE CHARACTERISTICS OR THE NATURE OF THE PROPOSAL, THE BOROUGH COUNCIL

WILL CONSIDER ALTERNATIVE MEANS OF PROVISION BY THE DEVELOPER WHERE

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THIS IS OF EQUIVALENT BENEFIT TO THE PROVISION OF OPEN PLAYING SPACE

COMMENSURATE WITH THE ABOVE STANDARD.

WHERE PHYSICAL PROVISION OF OPEN PLAYING SPACE IS MADE BY THE DEVELOPER,

AN AGREEMENT WILL BE SOUGHT WITH THE DEVELOPER TO LAY OUT THE LAND AND

PROVIDE RECREATIONAL FACILITIES, AND TO MAKE ADEQUATE PROVISION FOR THE

SUBSEQUENT MAINTENANCE OF THE SITE. DESIGN AND LAYOUT OF FACILITIES

SHOULD, WHERE APPROPRIATE, BE DESIGNED TO FACILITATE USE BY ELDERLY AND

DISABLED PEOPLE.

Environmental Assessment 4.209. In preparing the policies in this chapter, the Borough Council has paid particular attention to the

concept of sustainability. Most of the policies score positively, although the Council has faced particular difficulties in making provision for the substantial levels of housing required by the Kent Structure Plan.

4.210. Where possible, advantage has been taken of redevelopment opportunities within the urban area,

most significantly at Oakwood Hospital, Fountain Park and at Tovil. However the level of provision required is such that substantial allocations of fresh land have been unavoidable.

4.211. The sites allocated have been identified only after an environmental appraisal of over 100 sites, frequently involving balancing conflicting factors such as the need for proximity to existing facilities with the need to avoid land of high agricultural or landscape value. However the Borough Council is confident that it has made provision for the significant levels of development required in the Borough in accordance with sustainability objectives.

Monitoring 4.212. The performance of this Plan in meeting its aims with regard to housing will be judged against the

following indicators:

(i) the number of dwellings constructed in relation to strategic guidelines for the Borough;

(ii) the maintenance of a readily available five year supply of housing land in relation to strategic guidelines for the Borough;

(iii) the achievement of the planning requirements specified in this Plan on sites allocated for housing development;

(iv) the number of residential units lost;

(v) the net change in the number of residential units provided in the town centre;

(vi) the number of affordable homes and houses for special needs provided; and

(vii) the number of permitted exceptions to the Plan's housing policies.

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PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A

STRUCK THROUGH LINE E.G. ED3. AS MORE OF THE LDF REPLACES THE 2000 LOCAL

PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS

IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL

CONTEXT OF THE POLICIES CAN STILL BE SEEN.

ECONOMIC DEVELOPMENT AND TOURISM

Introduction 5.1. This chapter contains policies and proposals relating to business class uses, that is offices,

industry and warehousing, and also, in recognition of its contribution to the local economy, to tourism.

5.2. This Plan updates the existing Maidstone Borough and Medway Towns Local Plans by taking into

account new strategic guidance in the 1996 Kent Structure Plan concerning the scale of provision of business, industrial and warehousing development. However, while the Structure Plan rolls forward strategic policies to 2011, this Local Plan will cover the period to 2006 only. Detailed policies for the post 2006 period will be dealt with in the next review of this Local Plan when strategic policies for that period are firmer.

5.3. This Plan makes provision for a wide range of accommodation to meet different types of demand.

A new allocation is proposed to meet the needs of high value manufacturing while many of the allocations made in the now superseded Local Plans are retained. In addition, the designation of existing centres of economic activity is intended to confirm the economic role of these areas.

5.4. In the rural parts of the Borough, this Plan retains a number of the allocations made in the now

superseded Maidstone Borough Local Plan as well as the policy which encourages the use of suitable redundant buildings for business uses. The Borough Council has also looked at a number of industrial uses occupying larger sites in the rural area in order to establish how their needs can be accommodated in an environmentally acceptable way.

5.5. This Plan also deals with the provision of tourist accommodation (serviced, self-catering, holiday

caravans and tents) as well as the Borough Council's approach to existing and potential future tourist attractions, mooring facilities on the River Medway and the County Showground at Detling.

5.6. Tourism is defined in PPG21 as ‘the temporary short-term movement of people to destinations

outside the places where they normally live and work, and the activities during their stay in these destinations’. This may include day trips, shopping trips, museum visits, activity breaks, long weekend breaks, main holidays, visiting relatives, attending conferences, business trips, etc. Tourism helps to generate local employment and supports inward investment. It also provides leisure facilities which can be equally enjoyed by local residents. However, tourism development needs to respect the environment which attracts visitors and manage the impact that it creates.

National and Strategic Context 5.7. The Government has made clear its intention to continue to develop policies which are consistent

with the concept of sustainable development. PPG4 advises that one of its key aims is to encourage economic development in ways which are compatible with environmental objectives. It continues that the planning system plays an important role in integrating economic and environmental objectives, and that development plans can offer the opportunity to encourage new development in locations which minimise the length and number of trips especially by motor vehicle and which can be served by the more energy efficient modes of transport.

5.8. The theme of sustainability is taken up in current regional planning guidance (RPG9) where the

Government notes that one of the challenges facing the South East is to achieve development that is compatible with the aims of sustainable development. One of the main principles of the

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guidance is to give priority to accelerating economic recovery particularly through the use of existing planning permissions and land already allocated in development plans and through the use of available or programmed infrastructure. To this end, in Kent, economic development is directed particularly to the East Thames Corridor and to the east of the county. Elsewhere in the county it is noted that opportunities for economic renewal and development will need a selective approach responding to its outstanding natural and built environments.

5.9. The immediate strategic context to which this Local Plan must conform is the Kent Structure Plan

1996. The Plan identifies as a key issue the need to promote sufficient employment land to meet the demands by people for jobs. It notes that levels of commitment in the Maidstone Malling sub region already require larger quantities of labour than are likely to be generated by future population levels. This is particularly due to large scale proposals in the Malling area, particularly at Kings Hill. Accordingly, Policy MK1 notes that it is strategic policy to realise the economic strength of the area by the development of sites already identified for quality business and office uses and that further fresh land releases will not normally be permitted. So far as Maidstone Borough alone is concerned Policy ED1 establishes the following guidelines.

Table 1

Structure Plan Guidelines (in m2)

Use 1991-2001 2001-2011 1991-2011

A2/B1 B2/B8

85,000 65,000

65,000 45,000

150,000 110,000

Total 150,000 110,000 260,000

The Policy makes it clear that provision of floorspace is expected to remain within these guidelines.

5.10. PPG21 draws together for the first time the various different strands of the Government's policies

on planning for tourism. It outlines the major contribution that the tourist industry makes to the national economy and identifies that its continuing growth generates a range of economic activity and new job opportunities. The Government's policy is that the tourism industry should flourish in response to the market, while respecting the environment which attracts visitors, but also has far wider and enduring value. The central objective is to achieve ‘sustainable development’ that serves the interests of both economic growth and conservation of the environment.

5.11. The Government has announced four aims in its support for the tourist industry:

(i) development should contribute to, rather than detract from, the quality of the environment;

(ii) to promote an understanding of environmental, service and product quality within tourism;

(iii) to adopt visitor management techniques to mitigate the impact on the environment; and

(iv) to encourage types of tourism which aim to safeguard the environment. 5.12. The Kent Structure Plan 1996 is set within the context of PPG21. The broad thrust of its tourism

strategy is to give emphasis to enabling desirable new development (and expansion and up-grading of existing establishments) to provide high quality facilities which can attract high spending visitors in an increasingly competitive marketplace. The Structure Plan's strategic policies also require the growth of tourism to be reconciled with the need to protect the environment. It recognises that there are a range of tourist market sectors available to Kent, and that different parts of the county attract different market sectors, according to their particular strengths.

5.13. The Structure Plan acknowledges that Local Plans have a key role in establishing the local

context for, and making specific provision for, new tourism development.

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Local Context

5.14. Maidstone is the County Town of Kent and its administrative centre. It is the geographical focus of communications in the county and occupies a strategic position on the main motorway route into Europe. It has direct rail access to Gatwick and via Ashford and the Channel Tunnel to the major cities of Europe. As such it is a natural centre for business activity in the county. It is also ideally placed to be a major touring centre for tourists anxious to enjoy Kent, Sussex, Surrey and London. The southern parts of the Borough are generally less accessible by motorway and good quality highways.

5.15. The Maidstone area has a diverse economic base and a comparatively prosperous and well

qualified population. The Borough itself has a population of 141,100 (1998) of whom over 70,000 (1991) are economically active. It forms part of the wider Maidstone Malling sub region which is identified in the Kent Structure Plan and which has a population of over 200,000 of whom over 100,000 are economically active.

5.16. It has been noted in paragraph 5.9 that commitments in the area already require larger quantities

of labour than are likely to be generated by future population levels. However, a study of the local economy carried out on behalf of the Borough Council has shown that in recent years any employment growth in the Borough has not matched that of the Maidstone Malling sub region nor indeed that of the county or the South East region as a whole. While acknowledging that there is a reasonable range of opportunities for office users, the study identified the need for a prestige manufacturing park to attract new high value manufacturing industry and to provide a boost to components suppliers already in the area.

5.17. The report also advocated continued support for the expansion of major companies as provided

for in the now superseded Maidstone Borough Local Plan, improvements to existing industrial estates, examination of the potential for the subdivision of larger premises for lettings to new and growing businesses and, in the longer term, the allocation of land supporting rural employment in the Headcorn area.

5.18. With regard to tourism Maidstone is now Kent's second most popular destination for tourists from

northern Europe after Canterbury. It has an enormous range of attractive buildings and areas (recognised by Listed Building and Conservation Area status), fine trees, urban parks and and a series of regional historic and cultural attractions (the Archbishops’ Palace, the Chillington House Museum).

5.19. The rural area boasts fine, sweeping landscapes, a range of pretty villages and a number of

attractions of regional and national status: Leeds Castle, Whitbread Hop Farm, the Museum of Kent Life at Cobtree, Yalding Organic Gardens, etc. Long distance walks pass through the Borough (such as the North Downs Way, the Pilgrims Way, and the Centenary Walk) and cycling tours are becoming an increasingly popular attraction. There are also a series of one-off events which attract large numbers of people: the County Show (at Detling); the Maidstone Festival (including the River Festival and Carnival); and concerts at Leeds Castle, the Hop Farm and Maidstone Leisure Centre.

5.20. There is a wide range of serviced accommodation available in the Borough, with over 700 beds in

three 4-star hotels on the urban periphery, close to the M20. There are also 18 self-catering establishments and eight camping and caravan sites. However, there is an identified need for a town centre hotel, and there is demand for Youth Hostel style accommodation as the nearest establishments are at Rochester and Kemsing.

5.21. The Borough Council actively promotes tourism development, through its Tourism Development

Strategy, extensive tourist signage, taking part in the Heart of Kent marketing consortium (with three other District Councils), producing a range of promotional brochures, being a member of the South East England Tourist Board, working with the private sector (in part through the Maidstone Conference and Tourism Partnership), operating an enlarged and refurbished Tourist Information Centre in the town centre as well as a satellite TIC at the new Maidstone Motorway Service Area on the M20. The Council has also established a dedicated conference bureau to pro-actively market the Borough as a conference/business destination.

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Aims and Objectives (Economic Development) 5.22. A fundamental objective of the Borough Council is to maintain and promote a strong local

economy in an attractive local environment and to provide sufficient land and opportunities for new investors and existing businesses (see strategic objectives 7 & 8).

5.23. In pursuit of this objective and in response to the factors indicated above, the Council will aim to:

(i) provide opportunities for a wide range of economic activity to meet the needs of business and the Borough's workforce;

(ii) meet strategic guidelines for provision of land for economic development;

(iii) encourage existing and new economic development in special designated areas of existing

activity and through the allocation of new sites in suitable locations;

(iv) pursue locational policies based upon sustainable development criteria;

(v) limit the development or expansion of economic activities outside the specially designated areas and new allocations in order to protect and enhance the environment;

(vi) resist the expansion of, or where practical secure the relocation of, inappropriately located

activities;

(vii) resist the unnecessary loss of employment land to other uses in order to avoid pressures for new allocations in less environmentally acceptable areas; and

(viii) to assist in the diversification of the rural economy.

Employment Land Supply

5.24. Paragraph 5.9 above notes that the 1996 Kent Structure Plan establishes guidelines for the provision of employment floorspace in Maidstone. The total for the period beginning in 1991 (the base date used by the County Council) and ending in 2011 is 260,000 m

2 of which 150,000 are

intended for A2/B1 uses and 110,000 for B2/B8. However, whilst the Structure Plan applies until 2011, the time horizon for this Local Plan is 2006. If the Structure Plan totals are adjusted to accord with the Local Plan time horizon the guideline for the Borough is 205,000 m

2 (117,500

A2/B1 and 87,500 B2/B8). 5.25. Net completions of employment floorspace between 1991 and 1999 amount to 31,649 m

2 made

up of a net increase of 35,297 m2 (A2/B1) and a net decrease of 3,648 m

2 (B2/B8). In addition,

outstanding consents total 57,460 m2 net (39,067 A2/B1 and 18,393 m

2 B2/B8). Making an

allowance for some contribution from vacant plots without planning permission, the amount of employment floorspace provided since 1991 comes to 97,939 m

2 (76,864 A2/B1 and 21,075

B2/B8). 5.26. Additional provision is made in this Local Plan through the allocation of land for development.

These are set out in policy ED1 below and are estimated to yield a further 54,000 m2 (29,000

A2/B1 and 25,000 B2/B8). 5.27. In addition, policy ED2 allows for the construction, conversion or redevelopment of employment

floorspace in existing designated areas. The amount of additional floorspace that may arise from this source is difficult to predict as redevelopment may not necessarily result in additional floorspace. However, where the Borough Council considers that a particular site has the potential to accommodate some expansion, this is indicated in the policy.

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5.28. Table 2 below summarises the amount of floorspace provided from each of these sources and shows the level of provision in relation to Structure Plan guidelines. Overall provision matches the guidelines, with the percentages for A2/B1 and B2/B8 being 113% and 83% respectively.

TABLE 2

Employment Land Supply (in m2)

A2/B1 B2-B8 TOTAL

Completions 35,297 -3,648 31,639 Permissions 39,067 18,393 57,460 Vacant Plots 2,500 6,330 8,830 76,864 21,075 97,939 Allocations (ED1) 29,580 25,000 54,580 Existing Areas (ED2) 26,400 26,600 53,000 132,844 72,675 205,519 SP Guidelines 117,500 87,500 205,000 % of Guidelines 113.06% 83.06% 100.25%

5.29. It should be emphasised that the totals in the Kent Structure Plan are not requirements or targets

but guidelines only. In addition, because of the special circumstances which apply in the Maidstone Malling area, Structure Plan policy MK1 states that the further release of fresh land for economic development will not normally be permitted. Nevertheless, the Borough Council has resolved, in addition to bringing forward allocations from the now superseded Maidstone Borough Local Plan, to make new allocations on land adjoining the Hilton Hotel and at St. Michael’s Close, near Aylesford.

The Use Classes Order 5.30. The economic development policies of the now superseded Maidstone Borough Local Plan were

framed to accord with the 1990 Structure Plan which provided the relevant strategic context at that time. This pre-dated the current Use Classes Order and maintained the distinction between industry and offices. The current order includes instead a business use class (B1) which allows considerable flexibility to change between offices (B1a), research and development uses (B1b) and light industrial (B1c). It also makes a clear distinction between business uses and general industry (B2-B7) and warehousing (B8). Changes from B2-B8 uses to B1 are regarded as permitted development.

5.31. It is the Borough Council’s approach, where possible, to allow for both B1 and B2 uses on

allocated sites or designated existing areas of economic activity. However, some sites, because of the sensitive nature of their surroundings or because of their location in or near the town centre at the hub of the area’s public transport system, are considered particularly suitable for business development which can be appropriately provided without major on-site parking, encouraging more people to use public transport.

5.32. Policies ED1 and 2 identify those sites considered suitable for both B1 and B2 uses and those

where B1 only is considered to be more appropriate in line with this approach. 5.33. Although the current order includes offices and light industry within the same general use class,

subsequent Government guidance has re-introduced that distinction to a certain extent. Thus PPG13 advises that local authorities should seek to provide locations for offices and other employment intensive uses at locations in urban centres well served by public transport.

5.34. PPG13 updates previous guidance on transportation matters to help local authorities to meet

commitments in the Government's sustainable development strategy through the formulation of policies which help to reduce the need to travel, to influence the rate of traffic growth and to reduce the environmental impact of transport.

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5.35. In accordance with these objectives, this Local Plan will aim to encourage the use of town centre

locations for employment intensive B1(a) and (b) uses, while providing for less employment intensive uses on sites outside the town centre.

Allocations of Employment Land 5.36. Structure Plan policy MK1 states that the further release of fresh land for economic development

will not normally be permitted. The allocations in policy ED1 below are mostly carried forward from the now superseded Maidstone Borough Local Plan. However, the Borough Council has also allocated land adjoining the Hilton Hotel in recognition of a specific need revealed in a specially commissioned study of the local economy (see paragraph 5.16).

POLICY ED1 THE FOLLOWING SITES, DEFINED ON THE PROPOSALS MAP, ARE

PROPOSED FOR EMPLOYMENT DEVELOPMENT DEFINED BY THE USE CLASSES GIVEN

IN THE LIST BELOW:

(i) LAND ADJOINING HILTON HOTEL (15,000 m2 B2);

(ii) ST MICHAEL’S CLOSE (3000 m2 B1; 2000 m

2 B2);

(iii) TOVIL GREEN;

(iv) LANGLEY PARK FARM WEST (13,000 m2 B1; 8000 m

2 B2);

(v) WEST OF PATTENDEN LANE, MARDEN;

(vi) LOCKMEADOW;

(vii) MAIDSTONE EAST STATION (B1a) (9,000 m2 B1);

(viii) STACEYS STREET (B1a) (4,580 m2 B1).

Retention of Employment Sites 5.37. In addition to the allocation of land for new economic development there are a number of existing

centres of economic activity or areas with planning consent for economic development within the Local Plan area. They provide a range of accommodation to meet a wide variety of differing demands.

5.38. The Borough Council is anxious that these areas continue to remain available for economic

development uses in order to maintain a variety of accommodation available in the Local Plan area, and to reduce the pressures for additional allocations on fresh land that would arise if they were redeveloped for other uses. With regard to the St. Peter Street designation, the Borough Council will be prepared to consider proposals for housing redevelopment to the east of St. Peter Street. This reflects the Council's aspirations for the wider riverside area referred to in paragraph 9.32.

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POLICY ED2 THE BOROUGH COUNCIL IDENTIFIES THE FOLLOWING LOCATIONS, AS

DEFINED ON THE PROPOSALS MAP, AS DESIGNATED EXISTING AREAS OF ECONOMIC

ACTIVITY OR AREAS WITH PLANNING CONSENT FOR ECONOMIC DEVELOPMENT:

FOR USE CLASSES B1 AND B2:

(i) LORDSWOOD INDUSTRIAL ESTATE (6,000 m2 B1; 6,400 m

2 B2);

(ii) FORSTAL ROAD, AYLESFORD;

(iii) 20/20 ALLINGTON;

(iv) PARKWOOD INDUSTRIAL ESTATE, MAIDSTONE;

(v) COOMBE QUARRY NORTH, MAIDSTONE;

(vi) TOVIL (4,000 m2 B1; 9,000 m

2 B2);

(vii) ST. PETER STREET, MAIDSTONE;

(viii) STATION ROAD, STAPLEHURST;

(ix) PATTENDEN LANE, MARDEN;

(x) TURKEY MILL COURT, MAIDSTONE;

(xi) WEST OF LODGE ROAD, STAPLEHURST (B1(c) AND B2);

(xii) ZENECA, YALDING (5,000 m2 B2);

(xiii) DETLING AIRFIELD (-600 m2 B1; 8,000 m

2 B2);

(xiv) BRAKE BROS, LENHAM;

(xv) LENHAM STORAGE (6,000 m2 B2-B8);

(xvi) MARLEY WORKS (9,000 m2 B1, 5,000 m

2 B2);

FOR CLASS B1 USE ONLY:

(xvii) STATION ROAD, HARRIETSHAM;

(xviii) DOVE HILL WORKS, BOXLEY;

(xix) ALBION PLACE AND SITTINGBOURNE ROAD, MAIDSTONE;

(xx) EAST AND WEST OF LOWER STONE STREET, MAIDSTONE;

(xxi) COLLEGE ROAD, MAIDSTONE;

(xxii) ROCKY HILL, MAIDSTONE (NORTH SIDE);

(xxiii) TONBRIDGE ROAD, MAIDSTONE (SOUTH SIDE);

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(xxiv) SESSIONS HOUSE SQUARE, MAIDSTONE;

(xxv) FAIRMEADOW AND BISHOPS WAY, MAIDSTONE;

(xxvi) TONBRIDGE ROAD, TERRACE ROAD, ROCKY HILL, MAIDSTONE (2,000 m2);

(xxvii) LENHAM TRIANGLE, LENHAM (2,000 m2);

(xxviii) TENACRE PARK, HARRIETSHAM (4,000 m2).

PLANNING PERMISSION WILL NOT BE GRANTED TO REDEVELOP OR USE VACANT

BUSINESS, INDUSTRIAL, STORAGE OR DISTRIBUTION SITES OR PREMISES FOR

NON-EMPLOYMENT PURPOSES UNLESS THE RETENTION OF THE SITE OR PREMISES

FOR EMPLOYMENT USE HAS BEEN EXPLORED FULLY WITHOUT SUCCESS.

POLICY ED3 OUTSIDE OF THE AREAS IDENTIFIED IN POLICIES ED1 AND ED2, EXCEPT

FOR THE CONVERSION OF SUITABLE BUILDINGS IN THE COUNTRYSIDE AS SPECIFIED

IN POLICY ENV44, AND FOR MODEST EXTENSIONS TO EXISTING PREMISES,

PROPOSALS FOR ECONOMIC DEVELOPMENT WILL NOT NORMALLY BE PERMITTED.

Land adjoining the Hilton Hotel 5.39. Studies carried out on behalf of the Borough Council have shown that the Borough is under-

represented by firms within the new technology fields of computer software, biotechnology, multi-media production and other technologically driven businesses.

5.40. Such business activities have high wage, high value-added, high skill characteristics which are

needed in the local economy if Maidstone is to meet the challenge set by the anticipated decline in other industrial sectors. These ‘new technology’ industries will be the main providers of economic growth in the future. They are already an essential element in a balanced economy where the local economy is not over-dependent on a narrow range of economic activity, or predisposed to sectors which are vulnerable or likely to exhibit decline in the foreseeable future.

5.41. Such industries tend to look for prestige locations in a setting which enhances the image of the

business. They are unlikely to be attracted to traditional industrial estates or to town centre office blocks.

5.42. If Maidstone is to maximise its potential to attract and develop these businesses within the local

economy, and to achieve the kind of economic diversification which the Council considers to be essential for the future well-being of the Borough, it is critical that a high profile ‘gateway’ type site be identified and allocated for these activities. Such a site needs to be clearly visible from the motorway, to have good access, the potential for a high quality landscaped environment, good access to a wide catchment of skilled workers and to have the potential for the development to be seen as a gateway to the town.

5.43. Meeting this need poses severe problems. The M20 corridor runs in an east-west direction to the

north of Maidstone through land designated as a Special Landscape Area, where the policy is that the landscape should receive priority over other planning considerations. The designated area extends right up to the urban boundary. In addition, the M20, for much of its length, marks the southern boundary of the Kent Downs Area of Outstanding Natural Beauty. It is also Structure Plan policy to maintain the Strategic Gap between Maidstone and the Medway Towns and the Medway Gap.

5.44. Land adjoining the Hilton Hotel presents a unique opportunity to make such provision. However, in the absence of other suitable sites it is essential that the opportunities for these uses are not

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lost because of pressure for office uses permissible under use class B1. Accordingly no less than 60% of the floorspace arising from the development of this allocation will be restricted to new technology uses in classes B1(b) and B1(c) and B2.

5.45. The purpose of the landscape scheme identified as a requirement of this policy is to secure the

retention of the existing line of poplar trees along the Sittingbourne Road, which acts as valuable screening of views into the site from land to the west, and from Sittingbourne Road itself, thereby mitigating the visual impact of industrial development on the sensitive site which is perceived as forming part of the foreground to the Kent Downs AONB in northward views from the Bearsted Road/Penenden Heath area. The provision of significant structural belts of woodland to the site’s north and east boundaries with the M20 and the link road to Junction 7 is necessary to define a clear and robust structural landscape boundary on the limit of the urban area, thereby seeking to minimise the impact of the latter on the adjoining Special Landscape Area and AONB, and to contain the impression of any northward progression of the urban development into these designated areas. Landscaping along the southern boundary is needed to create an attractive frontage to the site when viewed from Bearsted Road, to break up the impact of built development and to screen the relocated park-and-ride facility. Provision should also be made within the site for a park-and-ride facility to replace the existing facility at a location and to a specification to be agreed by the Borough Council.

5.46. In addition, access to the site will need to be provided along the western boundary at a location

that meets highways safety and landscape considerations. The need for off-site highways works including improvements to the roundabout at the south-east corner of the site will be considered in accordance with policy T23.

POLICY ED4 DEVELOPMENT WITHIN LAND USE CLASSES B1 AND B2 WILL BE

PERMITTED ON LAND ADJOINING THE HILTON HOTEL, OLD SITTINGBOURNE ROAD AS

DEFINED ON THE PROPOSALS MAP PROVIDED:

(1) A PLANNING OBLIGATION IS ENTERED INTO TO ENSURE THAT:

(A) AT LEAST 60% OF THE FLOORSPACE IS RESTRICTED TO FIRMS IN THE

NEW INDUSTRIAL TECHNOLOGY FIELDS SUCH AS COMPUTER SOFTWARE,

BIOTECHNOLOGY, MULTI-MEDIA PRODUCTION AND OTHER TECHNICALLY

DRIVEN BUSINESSES FALLING WITHIN CLASSES B1(b) AND B1(c) AND B2;

ANY OFFICE FLOORSPACE PROVIDED AS PART OF SUCH PROPOSALS

MUST BE ANCILLARY TO THE MAIN USE ONLY;

(B) NO MORE THAN 40% OF THE FLOORSPACE IS USED FOR PURPOSES

FALLING WITHIN B1(a); AND

(2) THAT A SCHEME OF LANDSCAPING IS SUBMITTED FOR APPROVAL, WHICH

INCORPORATES THE RETENTION AND PROVISION FOR THE FUTURE

REPLACEMENT OF THE LINE OF POPLAR TREES ADJOINING THE EAST SIDE OF

THE SITTINGBOURNE ROAD; THE PROVISION OF A STRUCTURAL BELT OF

WOODLAND PLANTING OF A MINIMUM DEPTH OF 30 METRES ALONG THE SITE’S

NORTHERN BOUNDARY WITH THE M20 MOTORWAY; AND THE PROVISION OF A

STRUCTURAL BELT OF WOODLAND PLANTING OF A MINIMUM DEPTH OF 15

METRES ALONG THE SITE’S EASTERN BOUNDARY, ADJOINING THE LINK ROAD

BETWEEN BEARSTED ROAD AND JUNCTION 7 OF THE M20 AND THE PROVISION

OF LANDSCAPING ALONG THE SOUTHERN FRONTAGE WITH BEARSTED ROAD

TO INCLUDE THE REPLANTING OF THE FELLED COPSE AT THE SOUTH-

WESTERN CORNER OF THE SITE; AND

(3) THAT WITHIN THE CURTILAGE OF THE SITE A PARK-AND-RIDE SITE TO REPLACE

THE EXISTING FACILITY IS PROVIDED AT A LOCATION AND TO A SPECIFICATION

TO BE AGREED BY THE BOROUGH COUNCIL; AND

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(4) THAT ACCESS TO THE SITE IS PROVIDED ALONG ITS WESTERN BOUNDARY AT A

POINT TO BE AGREED WITH THE BOROUGH COUNCIL.

St. Michael's Close, near Aylesford 5.47. St. Michael's Close forms part of a larger site at Forstal Road, near Aylesford, which is identified

in the now superseded Maidstone Borough Local Plan as a designated industrial area. Immediately outside the defined boundary at St. Michael's Close there is a crescent of land approximately 3.8 hectares in extent between the industrial area and Cobtree Manor Park Golf Course which forms part of the designated Special Landscape Area. The crescent forms part of a graded area of semi-improved grassland which has been subject to some scrub invasion and which slopes down from Cobtree Manor Park to the industrial estate. It is excluded from the designated Special Landscape Area because it is visually related to the industrial estate rather than the adjoining countryside. It is well contained and provides potential on part of the site for a small extension of 1.4 hectares to the industrial estate subject to the retention of the remaining 2.4 hectares as a managed area of semi-improved grassland.

POLICY ED5 ADJACENT TO ST. MICHAEL'S CLOSE, NEAR AYLESFORD, 1.4 HECTARES

OF LAND, AS DEFINED ON THE PROPOSALS MAP, ARE ALLOCATED FOR

DEVELOPMENT WITHIN USE CLASSES B1 AND B2 SUBJECT TO THE RETENTION AND

ENHANCEMENT OF A FURTHER 2.4 HECTARES ADJOINING AS SEMI-IMPROVED

GRASSLAND.

West of Pattenden Lane, Marden

5.48. Approximately 0.9 hectares is allocated for B1 and B2 uses adjacent to the existing area of economic activity at Pattenden Lane, Marden. This allocation is made to provide for further employment opportunities in the southwest corner of the Borough and to assist with the rationalisation of economic development locations in the village of Marden itself.

5.49. It is noted that there is a transport operation in the heart of the village. The Council will be

prepared to consider making an exception to the restriction on Class B8 uses on this new allocation if it considered that in so doing it could rid the village centre of an attractor of undesirable heavy goods vehicles, and create an acceptable vehicular and pedestrian environment in Pattenden Lane. The allocated site has been identified as subject to flooding. Any development will, consequently, need to take this into account.

POLICY ED6 DEVELOPMENT FOR CLASS B8 USES OF LAND WEST OF PATTENDEN

LANE, MARDEN AS SHOWN ON THE PROPOSALS MAP, WILL BE PERMITTED IF THIS

WILL SECURE A REDUCTION IN THE VOLUME OF HEAVY GOODS VEHICLES USING THE

CENTRE OF THE VILLAGE THROUGH THE RELOCATION OF THE EXISTING TRANSPORT

OPERATION CURRENTLY LOCATED THERE.

Langley Park Farm, West 5.50. In conjunction with mixed-use development land is reserved for no less than 6 hectares of B1 (b)

and (c) and B2 industrial development. The requirements for the development of this site are set out in Policy H8.

Mixed-Use Schemes 5.51. One of the most important elements in Central Government guidance is directing development

towards derelict, run-down and under-used sites before taking greenfield land. The now superseded Maidstone Borough Local Plan identified six areas on the edge of the town centre

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which presented opportunities for such development. Of these, the completion of roadworks at Maidstone Barracks has enabled more specific allocations to be made on those parts of the site left available for development. In addition, permission for residential development only has been given at Westree Road whilst St. Francis is now thought unlikely to become available for development, and the island site is redesignated as an existing area of economic activity.

5.52. The Borough Council considers that the remaining two areas will continue to provide opportunities

for mixed-use development during the period covered by this Local Plan, as follows.

Lockmeadow 5.53. The Lockmeadow area occupies an extensive site on the west bank of the Medway at the edge of

the town centre and opposite the historic and picturesque All Saints Conservation Area. Because of its prominent and central location, the now superseded Maidstone Borough Local Plan identifies this site as providing a key opportunity to establish a high quality urban environment appropriate to the river frontage and Maidstone's County Town status. Considerable progress has been made through the initiatives of the Borough Council in promoting a development scheme of leisure related uses on land under its control at Maidstone Market. The Council is enthusiastic to secure the upgrading of the remainder of this area which is in diverse ownership, and will provide every encouragement to achieve this, including if necessary the use of compulsory purchase powers.

5.54. Proposals will need to reflect the Council's aspirations for upgrading the area and in particular the

location of the site within the Riverside Zone of Special Townscape Importance where particularly high environmental standards will apply. They should also make provision for enhanced riverside amenities including a permanently publicly accessible riverside walk. Appropriate off-site highways works and the provision of public transport facilities will be sought in accordance with the requirements of Policy T23. Proposals will also need to take into account the safeguarding of the adjoining rail line as identified under Policy T7. In pursuance of this objective allocations for housing are made elsewhere in this Plan while acknowledging that these may affect industrial areas where intentions of owners have yet to be clarified.

5.55. However, there is an area to the north of Hart Street and in the Broadway/Barker Road area

where the potential remains for mixed-use development. In view of the substantial allocation for housing nearby and the recently completed leisure development between Barker Road and the riverside, the Borough Council considers that any redevelopment on the remaining area now allocated in ED8 below should be for business use. The Council will also consider favourably proposals for a hotel in this location.

5.56. Because of the site’s location close to the town centre and the hub of the area’s transport network, it is considered that the site be reserved for B1(a) uses, in order that the higher employment densities associated with this use can be provided without major on-site parking, thus encouraging more people to use public transport.

5.57. Other planning policies which will receive particular attention when considering proposals for

development include ENV2 (achieving quality in new developments), ENV7 (Riverside Zone of Special Townscape Importance), ENV50 (protection of the flood plain) and T23 (highways works and provision of public transport facilities). In addition redevelopment should not prejudice opportunities for improved highways access for the benefit of the whole of the Lockmeadow area.

POLICY ED7 PLANNING PERMISSION WILL BE GRANTED FOR EMPLOYMENT (B1(a))

AND LEISURE USES WITHIN THE LOCKMEADOW AREA AS SHOWN ON THE PROPOSALS

MAP.

Maidstone East Station

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5.58. Maidstone East Station and its associated car parks lie on the northern edge of the town centre. Together they provide a developable area of about 2.5 hectares.

5.59. The station is a key entry point to the town, and its appearance and facilities provide the first

impressions of Maidstone for rail travellers. The Council believes that the station should have a far higher profile and provide facilities of the highest order. This is a large site which is currently being used at less than its full potential. Realising this potential will have a major impact on the town, both visually and economically. In the course of its normal duties, the Council will consider whether an Environmental Impact Assessment is required to be submitted by the developer as part of a planning application for redevelopment.

5.60. The site will be visually prominent from virtually every angle, in consequence of which an

attractive, sympathetic and top quality development is important. Because the site falls within the Riverside Zone of Special Townscape Importance (Policy ENV7), particularly high standards of design, lay-out and landscaping will be required. There are a number of important areas adjoining the site that will require particular consideration:

(i) Sessions House Square - substantial buildings flank two sides of the Square. Development

of the station site should assist the definition of this space and make a positive contribution to the townscape in this prestigious locality;

(ii) Brenchley Gardens - a sensitive elevation will be required and further development should

not over-dominate this Conservation Area and important open space; and

(iii) River Medway and Fairmeadow - careful handling of this attractive aspect will be required. 5.61. It is important that a balance of uses be incorporated into the new development to reflect and

enhance the contribution of the site to the community life of the town centre as well as the economic well-being of the Borough. The principal use of the site at present is associated with transport, and this inevitably must remain so. The railway station should be rebuilt, and the car park retained with space for between 400 and 600 cars. A transport interchange should be provided. Substantial office development is appropriate to contribute towards strategic guidelines for economic development, as is car parking. Because of the site’s location in the town centre at the hub of the area’s transport network, it is considered that economic development should be restricted to B1(a) office uses, in order that the higher employment densities associated with this form of development can be provided without major on-site parking, thus encouraging more people to use public transport. In addition, each of the following uses is acceptable within a mixed-use scheme: residential, an hotel, restaurants or leisure uses. Small-scale retail units, well related to the interchange and station concourse, may be acceptable, in addition to the retail warehousing proposed under Policy R6.

5.62. The redevelopment of this site must have regard to the effect that traffic generated by the new

development will have on the highway network. Appropriate off-site highway works and public transport facilities will be sought in accordance with the provisions of Policy T23.

5.63. A development brief, amplifying the provisions of policy ED8 below and those other policies governing the development of this site and referred to in the preceding paragraphs has been prepared to guide development.

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POLICY ED8 IN CONSIDERING THE DEVELOPMENT OF LAND AT MAIDSTONE EAST

RAILWAY STATION SHOWN ON THE PROPOSALS MAP, PRIORITY WILL BE GIVEN TO

THE FOLLOWING USES:

(1) TRANSPORT INTERCHANGE AND STATION CONCOURSE WITH ASSOCIATED

SMALL SCALE RETAIL UNITS; AND

(2) OFFICES; AND

(3) RESIDENTIAL.

IN ADDITION, WHEN THESE NEEDS HAVE BEEN MET, THE FOLLOWING USES WILL ALSO

BE ACCEPTABLE: HOTEL, RESTAURANTS OR LEISURE USES.

CAR PARKING PROVISION WILL BE MADE IN ACCORDANCE WITH THE REQUIREMENTS

OF POLICY T13 AND IN ADDITION BETWEEN 400–600 SPACES WILL BE RETAINED FOR

THE RAILWAY STATION.

Storage and Distribution Uses 5.64. Structure Plan policy provision for economic development combines industrial and warehousing

(B2 and B8) uses but guides major warehouse and transhipment uses to key locations on the regional road network elsewhere in Kent. Accordingly no provision for major warehousing or transhipment development is made in this Local Plan.

5.65. The Borough Council is also aware that employment densities in the storage and distribution

sector reduce job opportunities when compared with other forms of economic development. The 1996 Kent Structure Plan shows that employment densities arising from B8 uses are significantly less than for B2 uses requiring 68 m

2 of floorspace for each employee instead of 38 m

2 for each

employee. Restrictions on B8 uses within the Borough have been in place since the preparation of the now superseded Maidstone Borough Local Plan and have been successful in limiting the level of B8 uses in the Borough. However, before this policy was applied warehousing and distribution accounted for 44% of development on industrial land. If this pattern were to be re-established it could have a significant affect on employment generation. This sector can also generate high volumes of traffic.

5.66. Consequently, policy ED9 below continues the restriction on B8 uses in the Borough. Such

development will be restricted to allocated and designated areas of existing economic activity identified as being suitable for B2 uses where these are well related to the primary road network. However, the allocation for ‘new technology’ manufacturing on land adjoining the Hilton Hotel is not considered appropriate for B8 use.

POLICY ED9 PERMISSION FOR CLASS B8 STORAGE AND DISTRIBUTION USES WILL BE

RESTRICTED TO SITES DESIGNATED FOR B2 USES UNDER POLICIES ED1 AND ED2

(EXCEPT FOR LAND ADJOINING THE HILTON HOTEL) PROVIDED THE B8 USE

PROPOSED SUPPORTS EXISTING MANUFACTURING OR COMMERCIAL OPERATIONS

AND IS WELL RELATED TO THE PRIMARY ROAD NETWORK.

Businesses in Residential Areas 5.67. The Borough Council recognises that many businesses can fit quite happily in housing areas

without causing harm to residential amenities and in such cases it has no wish to seek their relocation. Applications for the expansion of such businesses will continue to be assessed on the basis of their impact on the surrounding area.

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5.68. Equally, other businesses may produce nuisance, including noise and traffic, which spoils the amenity of a residential neighbourhood. Others create an eyesore by their open storage areas. In these cases, the business would be better located in one of the designated economic development areas where its impact would be less critical. Such uses also occupy land that could best be used for other purposes, such as off-street car parking in inner urban residential areas, or public open space. The Council will adopt a reasonably flexible attitude in considering new uses for sites vacated by such firms, providing wherever possible an economic incentive to relocate.

POLICY ED10 THE BOROUGH COUNCIL WILL ASSESS APPLICATIONS FOR THE

EXPANSION OF NON-CONFORMING BUSINESS PREMISES ON THE BASIS OF THEIR

IMPACT ON THE SURROUNDING AREA.

WHERE BUSINESSES CAUSE HARM TO RESIDENTIAL AMENITIES THE COUNCIL WILL

SUPPORT PROPOSALS FOR THEIR RELOCATION TO DESIGNATED AREAS OF EXISTING

ECONOMIC ACTIVITY OR TO SUITABLE SITES ALLOCATED FOR ECONOMIC

DEVELOPMENT.

Large Sites in Rural Areas 5.69. The now superseded Maidstone Borough Local Plan identified a number of industrial uses

occupying large sites in rural areas, notably Zeneca at Yalding, Detling Airfield Industrial Estate, Brake Bros Foodservice at Lenham Heath, Lenham Storage, Lenham and at Marley Works near Lenham. Because of their rural locations, the development needs of these businesses are likely to have a greater impact (both visually and through traffic generation) than similar concerns in urban areas. The Borough Council has therefore looked in detail at how the requirements of these businesses can be accommodated in an environmentally acceptable way.

Zeneca Works, Yalding 5.70. The Zeneca plant lies on a large flat site about one kilometre to the west of Yalding village, just to

the east of the Metropolitan Green Belt. It is a major facility in the formulation, mixing and packing of agro-chemicals, contributing significantly to the local economy and employing over 500 people.

5.71. Immediately to the east of the site is a canalised section of the River Medway, and the whole site

lies within the flood plain. South of the factory lie orchards and wet pasture land, part of which is a Site of Nature Conservation Interest (SNCI) through which a nature trail runs. Although the surrounding area is predominantly agricultural, there are scattered residential properties in Hampstead Lane and Parsonage Farm Road, which have experienced problems of noise and light pollution from the site.

5.72. A Development Brief for the site has been prepared dealing with its anticipated requirements for

2001. It is appropriate however in this Plan to consider the future needs of the plant. 5.73. Firstly there is a need to bring the site into line with emerging legislation. Buildings built to modern

standards need to be larger and more spacious than the outdated industrial blocks currently on the rest of the site, and sufficient space needs to be maintained between buildings for reasons of safety and efficient movement. In order to do this effectively it is necessary to release land for development to facilitate a ‘thinning out’ of the site. This less dense pattern of redevelopment will also have benefits for flood water dispersal.

5.74. In addition, a need for further development may be identified in order to ensure the continuing

viability of the plant and the Borough Council will wish to respond to such an eventuality on the merits of the case.

5.75. However, any development or redevelopment proposals need to have regard to nature conservation, noise, highways and parking issues in addition to basic concerns such as siting, design, landscaping and countryside and residential amenity. It is accepted that the site requires

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parking provision below that usually required for the amount of floor space on site. The thinning out identified as necessary should be capable of being accommodated within the existing developed and permitted areas. Exceptionally, and if demonstrated to be justified, the Borough Council will consider on its merits further development on land to the south-east of the site, subject to environmental safeguards. The views of the Environment Agency will be crucial on any proposal because of the flood plain constraints.

5.76. Within the site there is an extensive area of woodland planting which, as it matures, will become

increasingly important, both as a screen for buildings on the site, and as a landscape feature in its own right. In considering proposals for development the Borough Council will seek the retention of this landscaped area and, depending on the nature of the development proposed, additional planting in the orchard area to the south of the built complex.

5.77. The existing landscaped area and the countryside to the south and south-east is of high visual

quality and is designated an Area of Local Landscape Importance (ALLI). Accordingly, when considering proposals for development the Borough Council will seek to ensure that their character and appearance are not harmed. In addition, the site is exposed to the west and the Council will seek new planting to the west of the railway line to assist in screening buildings which are a dominant feature of the area.

5.78. Close to the southern boundary of the site there is also a scattering of houses and the Borough

Council will also seek to ensure that the residential amenities of people living there are not harmed.

5.79. In considering proposals for development the Borough Council will also take into account the

provisions of other relevant policies including ENV1, ENV4 and ENV49 (relating to noise, smell and light pollution), ENV28 (aesthetic, design and local amenity issues), ENV50 (the protection of the flood plain) and T23 (traffic issues).

POLICY ED11 DEVELOPMENT FOR USES WITHIN CLASS B2 AND B8 WILL BE

PERMITTED AT THE ZENECA WORKS, HAMPSTEAD LANE, YALDING AS SHOWN ON THE

PROPOSALS MAP, IF:

(1) THE LANDSCAPED ZONE AT THE SOUTHERN END OF THE SITE IS RETAINED AND

NOT HARMED; AND

(2) THE CHARACTER AND APPEARANCE OF THE AREA TO THE SOUTH AND SOUTH-

EAST IS NOT HARMED; AND

(3) THE RESIDENTIAL AMENITIES OF PEOPLE LIVING NEARBY ARE NOT HARMED.

Detling Airfield Industrial Estate 5.80. This industrial estate has grown in a largely ad hoc manner around the core of former RAF

buildings. It accommodates many types of industrial and storage uses that are often difficult to locate in urban areas, and particularly in close proximity to housing. The occupants of the estate comprise a distribution company with large scale buildings and a number of smaller low cost industrial and open storage concerns.

5.81. The appearance of the site generally, both internally and externally, is poor, which is a cause for

concern as the site is in open countryside within the Kent Downs Area of Outstanding Natural Beauty, and a Special Landscape Area. New structural planting is necessary to provide a backdrop to development when viewed from the east and to act as a screen from the south-west. The reinforcement and retention of areas of established natural vegetation are also required to act as a barrier against the spillage of the area outside its boundaries into the agricultural landscape. In addition there are visually important open areas within the estate and both individual and groups of trees, all of which are worthy of both retention and enhancement. A lack of properly defined highway edges, parking bays and turning areas is leading to an erosion of the

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remaining open areas, causing damage to trees. The internal private road network of the estate is also substandard in both width and construction. The retention of the central open space towards the eastern end of the site is important in the visual regulation of the disparate uses on the estate. New areas of internal planting are also needed to supplement and link existing planting to create buffer zones between the principle areas of new development. In addition, improvements to the internal road network and the provision of highway standard kerbing are required to help reduce the erosion of green space and properly define the limits of both open and developed areas.

5.82. These issues are addressed in policy ED12 below and are expanded upon in a development brief

which will guide development. In addition the development brief addresses matters covered by other relevant policies including aesthetic and design issues (policy ENV28), special requirements in the AONB (ENV33), highway requirements (T23) and the protection and enhancement of the nearby Binbury Castle which is a Scheduled Ancient Monument (ENV16).

POLICY ED12 DEVELOPMENT WITHIN DETLING AIRFIELD INDUSTRIAL ESTATE, AS

DEFINED ON THE PROPOSALS MAP, WILL NOT BE PERMITTED UNLESS THE

FOLLOWING CRITERIA ARE MET:

(1) THE PROVISION OF NEW STRUCTURAL LANDSCAPING WITHIN AND OUTSIDE THE

ESTATE TO MITIGATE THE IMPACT OF EXISTING AND PROPOSED DEVELOPMENT;

AND

(2) THE RETENTION OF THE CENTRAL OPEN SPACE TOWARDS THE EASTERN END

OF THE SITE; AND

(3) THE RETENTION, REINFORCEMENT AND MAINTENANCE OF EXISTING PLANTING;

AND

(4) THE UPGRADING OF INTERNAL ROADS.

Brake Bros Foodservice Site, Lenham Heath 5.83. Brake Bros Foodservice Ltd operate a frozen food production and distribution factory on 1.75

hectares at Lenham Heath on the extreme eastern edge of the Borough. The site lies in the open countryside and is primarily served from ‘C’ class or unclassified roads of limited width and visibility. There are problems with the unsuitability of the local roads to take the volume and type of vehicle movements that the factory generates. There have also been problems with noise, smell, light and sewage pollution which provide sources of nuisance to local residents.

5.84. Upgrading of the site has occurred over the last decade, but landscaping, aesthetics and the

maintenance and enhancement of both countryside and residential amenity remain material planning considerations. Although relatively inconspicuous from the north and west, the site is clearly visible from the south and east. Planting along the eastern boundary and within the site is needed to soften the eastern boundary and to break up the harsh appearance and bulk of the development in this rural area.

5.85. These issues are addressed in policy ED13 below and are amplified in a development brief which

will guide development. Aesthetic, design and local amenity issues will be dealt with in accordance with policy ENV28. Measures to control noise, smell and light pollution will be dealt with in accordance with policies ENV1, ENV4 and ENV49. The implications of these policies for development on the site are also dealt with in the development brief.

POLICY ED13 DEVELOPMENT WITHIN THE BRAKE BROS FOODSERVICE LTD SITE AT

ROSE LANE, LENHAM HEATH, AS SHOWN ON THE PROPOSALS MAP, WILL NOT BE

PERMITTED UNLESS THE FOLLOWING CRITERIA ARE MET:

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(1) NO FURTHER DEVELOPMENT BEING PERMITTED WHICH WILL INCREASE TRAFFIC

IN ROSE LANE ABOVE 1992 LEVELS; AND

(2) LANDSCAPING TO INCLUDE NEW PLANTING ALONG THE EASTERN BOUNDARY

AND WITHIN THE SITE TO SOFTEN THE EASTERN BOUNDARY AND TO BREAK UP

THE HARSH APPEARANCE AND BULK OF DEVELOPMENT ON SITE.

Lenham Storage Site, Lenham 5.86. The Lenham Storage site occupies approximately nine hectares on the defined south-western

boundary of the village of Lenham, east of Maidstone. It is a long-established warehousing/industrial site, predating the adjoining housing estates to the north and east. It has good access to the A20, and is bounded to the south by the Ashford-Maidstone railway line. The site is broadly acceptable in highways, use and amenities terms for its current lawful uses, although the protection of countryside and residential amenity is a concern.

5.87. In recognition of the valuable function the site performs in providing local employment for Lenham

residents and others in the local area, the site is designated under policy ED2 as an existing employment area where economic development will be permitted and changes of use to purposes other than employment will be resisted. There is some scope for rationalisation, redevelopment and possibly small-scale expansion, subject to environmental safeguards to protect residential and countryside amenity, and the resolution of identified serious sewerage problems that an intensification of use may cause.

5.88. The majority of warehouse buildings on the site were built in the 50s and 60s to the then accepted

heights of six metres to eaves height. Modern standards tend to be nearer to nine metres. In view of the proximity of housing and the potential impact on the countryside restrictions on height and materials are necessary to mitigate the impact of development. These matters are dealt with in policy ED14 below and are amplified in a development brief which will guide development.

POLICY ED14 DEVELOPMENT AT THE LENHAM STORAGE COMPANY SITE, HAM LANE,

LENHAM AS SHOWN ON THE PROPOSALS MAP WILL NOT BE PERMITTED UNLESS THE

FOLLOWING CRITERIA ARE MET:

(1) A MAXIMUM BUILDING HEIGHT OF NINE METRES TO EAVES LEVEL AND 12

METRES TO RIDGE HEIGHT, THE USE OF BUILDINGS OF PERMANENT

CONSTRUCTION, MUTED COLOURS AND THE LOCATION OF NEW OR

REDEVELOPED BUILDINGS AWAY FROM THE EXTERNAL BOUNDARIES OF THE

SITE IN ORDER TO MITIGATE THE IMPACT OF THE SITE ON ADJOINING HOUSES

AND COUNTRYSIDE; AND

(2) NEW PLANTING ALONG THE BOUNDARIES OF THE SITE WHERE PRACTICABLE TO

SOFTEN AND BREAK UP THE BULK OF THE BUILDINGS ON SITE.

THE COUNCIL WILL NOT OPPOSE THE DEMOLITION OF HOUSES WITHIN THE SITE. A

DEDICATED ROAD/RAIL FREIGHT INTERCHANGE WILL BE ACCEPTABLE.

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Marley Works, Lenham 5.89. Marley's covers an area of 25 hectares at the foot of the Kent Downs, which is close to the AONB

and a Special Landscape Area. The complex contains a number of large-scale industrial buildings, office accommodation, other plant and open storage areas. The site started modestly, prior to planning control, and has evolved steadily over a number of years. Clearly, today planning consent for the complex as a whole would not be granted. Nevertheless it is a major installation which provides considerable employment in the Borough, and whose wholesale relocation is extremely unlikely (in view of both the high level of investment on-site and the threat to jobs such a move would pose).

5.90. In making provision for the Company’s future needs, land to the west of the complex is allocated

for use as a car park. In order to protect the amenities of adjoining residents extensive and comprehensive landscaping will be required which should include screen planting along the northern, western and southern boundaries, substantial planting within the car park area to break up and disguise the extent of hard surfacing and the number of vehicles and the physical demarcation of car parking bays to provide planting reserves and to protect them from vehicles.

5.91. Land to the east of the complex is allocated for new development subject to the retention of

existing landscaping bunds and screen planting along the northern, eastern and southern boundaries to protect the amenities of adjoining properties and the general view of the site from the east.

5.92. The height of any structure is critical to the degree of its obtrusiveness in the surrounding

landscape. The highest existing structures are a three storey office block and some silos. However a large industrial building in the north-east corner of the site is equally prominent to some seven to eight metres above ground level. This is a useful guideline as it is only just screened from the adjoining countryside. A greater extent of structural landscaping on the boundaries of the site may be required to mitigate the impacts of developments in excess of eight metres in height.

5.93. These matters are addressed in policy ED15 below and are amplified in a development brief

which will guide development. 5.94. Other design matters will be dealt with in accordance with policy ENV28, traffic issues in

accordance with policy T23 and pollution, noise and lighting in accordance with policies ENV1, ENV4 and ENV49.

POLICY ED15 DEVELOPMENT AT THE MARLEY WORKS, LENHAM AS SHOWN ON THE

PROPOSALS MAP WILL NOT BE PERMITTED UNLESS THE FOLLOWING CRITERIA ARE

MET:

(1) IN THE CASE OF THE DEVELOPMENT AREA TO THE WEST, THE PROVISION OF

EXTENSIVE LANDSCAPING TO SCREEN DEVELOPMENT FROM ADJOINING

RESIDENTIAL PROPERTIES AND TO BREAK UP AND REDUCE THE VISUAL IMPACT

OF THE CAR PARKING AREA. IN THE CASE OF THE DEVELOPMENT AREA TO THE

EAST, THE RETENTION AND, WHERE APPROPRIATE, REINFORCEMENT OF THE

EXISTING EMBANKMENT AND PLANTING ON THE EASTERN BOUNDARY,

TOGETHER WITH THE PROVISION OF LANDSCAPING ADJOINING THE

BOUNDARIES OF EXISTING RESIDENTIAL PROPERTIES, TO PROVIDE A BUFFER

ZONE, WILL BE REQUIRED; AND

(2) THE HEIGHT OF ANY NEW DEVELOPMENT WILL BE CONTROLLED TO ENSURE

THAT THE AMENITIES OF THE SURROUNDING COUNTRYSIDE AND RESIDENTIAL

PROPERTIES ARE PROTECTED. A GREATER EXTENT OF STRUCTURAL

LANDSCAPING ON THE BOUNDARIES OF THE SITE MAY BE REQUIRED TO

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MITIGATE THE IMPACTS OF DEVELOPMENTS IN EXCESS OF 8 METRES IN HEIGHT;

AND

(3) THE PROPOSED DEVELOPMENT AREA TO THE WEST OF THE SITE WILL BE USED

ONLY FOR CAR PARKING AND THIS LIMITATION WILL BE THE SUBJECT OF A

PLANNING CONDITION OR PLANNING OBLIGATION.

Caravan Storage 5.95. There has been an increase in the number of privately owned touring caravans. In many cases it

is impractical to store the caravan within the curtilage of the owner’s dwelling. Consequently there is a demand for locations where caravans can be stored. Whilst recognising the demand, the Borough Council is concerned about the possible impact of caravan storage on the landscape. Proposals for such development will therefore be considered in the context of the following policy. In addition to the matters dealt with in this policy, highways requirements will be dealt with in accordance with policy T23, the safeguarding of residential amenity in accordance with ENV2, the loss of trees and woodlands in accordance with ENV5 and ENV6 and the protection of agricultural land according to ENV29.

POLICY ED16 PROPOSALS FOR THE OPEN STORAGE OF PRIVATE CARAVANS IN THE

COUNTRYSIDE WILL ONLY BE PERMITTED WHERE:

(1) THE SITE LIES OUTSIDE AN AREA OF OUTSTANDING NATURAL BEAUTY, SPECIAL

LANDSCAPE AREA, OR AREA OF LOCAL LANDSCAPE IMPORTANCE; AND

(2) THE SITE IS PROVIDED WITH COMPREHENSIVE ALL YEAR SCREENING WHICH

MAY INCLUDE BUNDING, TREE AND SHRUB PLANTING, AND FENCING IN

APPROPRIATE LOCATIONS, BEFORE THE USE COMMENCES, AND THERE IS NO

UNACCEPTABLE IMPACT ON THE LANDSCAPE OR ENVIRONMENT; AND

(3) SECURITY ARRANGEMENTS (INCLUDING LIGHTING) WILL NOT BE INTRUSIVE;

AND

(4) THE PROPOSAL WILL NOT RESULT IN A CONCENTRATION OF SITES; AND

(5) THE PROPOSAL IS SITUATED CLOSE TO EXISTING BUILT DEVELOPMENT,

INCLUDING RESIDENTIAL ACCOMMODATION.

Aims and Objectives (Tourism) 5.96. The Borough Council actively supports the concept and practice of sustainable tourism. The

sensitive development and promotion of low volume, but high spend tourism will enhance the Borough's economy through both direct visitor spending and ancillary spending. The Council will particularly welcome new business tourism and conference facilities in, or on the edge of, the town centre and also provision of a range of tourist accommodation (particularly focused on those sectors that most need it) in locations consistent with environmental and transportation policies.

5.97. In accordance with strategic objectives 9 and 14, the Borough Council will adopt the following

approach in relation to tourism development proposals:

(i) to maintain and enhance existing tourist uses and facilities where these are in accord with environmental policies and contribute to the local economy;

(ii) to encourage new tourism development that is sustainable and contributes to the quality of

the environment;

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(iii) to adopt visitor management techniques and broaden the overall range of attractions to mitigate adverse environmental impacts;

(iv) to support appropriate new business tourism and conference facilities in, or on the edge of,

the town centre;

(v) to foster provision of a range of tourist accommodation in locations consistent with environmental and transportation policies; and

(vi) to support proposals which help to diversify and improve the range and quality of available

attractions.

Serviced and Self-Catering Tourist Accommodation 5.98. Although there are over 1,300 bedspaces registered with the Tourist Information Centre in the

Borough, there is always the potential to supplement this, both quantitatively and qualitatively, through new development, changes of use and extensions.

5.99. Principally, such accommodation should be provided within the urban areas and villages where

there is a greater chance of affording customers opportunities to travel by means other than the private car. There are a variety of concerns raised by such proposals, which require to be satisfactorily addressed and resolved - environmental impact, landscaping, highways issues and residential amenity. Changes of use or extensions within the more densely developed parts of the Borough in particular may present challenges, where additional parking and vehicle movements may serve to exacerbate existing problems.

5.100. In order to avoid tourist accommodation being used inappropriately all year round, the Council will

usually impose occupancy conditions on self-catering accommodation to prevent it becoming a permanent residential dwelling. The aim in devising the occupancy condition has been to create a realistic basis for monitoring and enforcement, that does not require intrusive checks on the occupants of the holiday properties. One element of the condition is to limit the maximum period of occupation by one individual or group of individuals to one month.

POLICY ED17 WITHIN THE URBAN AREA AND VILLAGE BOUNDARIES AS DEFINED ON

THE PROPOSALS MAP, A NEW HOTEL, GUEST HOUSE OR OTHER SERVICED

ACCOMMODATION AND SELF-CATERING ACCOMMODATION FOR VISITORS, THE

EXTENSION OR UPGRADING OF SUCH ACCOMMODATION OR THE CHANGE OF USE OF

A BUILDING TO PROVIDE SUCH ACCOMMODATION WILL BE PERMITTED IF ALL THE

FOLLOWING CRITERIA ARE MET:

(1) IT IS COMPATIBLE WITH ITS SURROUNDINGS IN SITING, SCALE, DESIGN,

MATERIALS AND LANDSCAPING; AND

(2) IT WILL NOT HARM THE AMENITIES OF PEOPLE LIVING NEARBY; AND

(3) IT WILL NOT HARM BUILDINGS OR AREAS OF HISTORIC OR ARCHITECTURAL

INTEREST; AND

(4) IT WILL NOT IMPAIR ROAD SAFETY OR THE FREE FLOW OF TRAFFIC; AND

(5) IT WILL HAVE ENOUGH VEHICLE PARKING IN THE CURTILAGE OF THE

PROPERTY; AND

(6) IT WILL NOT CAUSE THE LOSS OF RESIDENTIAL ACCOMMODATION IN A TOWN

CENTRE COMMERCIAL AREA; AND

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(7) ACCESS IS AVAILABLE BY A CHOICE OF MEANS OF TRANSPORT.

IN THE CASE OF SELF-CATERING ACCOMMODATION A HOLIDAY OCCUPANCY

CONDITION WILL BE ATTACHED, PREVENTING THEIR USE AS A SOLE OR MAIN

RESIDENCE. THE CONDITION WILL LIMIT OCCUPATION TO A SPECIFIED TEN MONTH

PERIOD IN ANY CALENDAR YEAR.

Town Centre Hotel Sites 5.101. The Borough Council is particularly keen to encourage the development of at least one town

centre hotel. Consequently, it has identified two potential sites on the edge of the town centre where a hotel could be either free-standing or an integral part of a multi-use redevelopment scheme. The site at Maidstone East Station lies on the northern edge of the town centre close to County Hall and a commercial area. The site at Lockmeadow would be close to the new leisure complex on the market site and also to the main Archbishops’ Palace tourist area. Development briefs have been prepared and approved for the major redevelopments of each of these sites. The briefs provide more detailed guidance, and there are other policies in this Plan which provide a broader context to the redevelopment of these sites.

POLICY ED18 THE BOROUGH COUNCIL WILL PERMIT THE DEVELOPMENT OF ONE OR

MORE TOWN CENTRE HOTELS. THE FOLLOWING SITES, AS DEFINED ON THE

PROPOSALS MAP, ARE CONSIDERED PARTICULARLY SUITABLE:

(i) LOCKMEADOW;

(ii) MAIDSTONE EAST STATION.

Loss of Tourist Accommodation 5.102. The significant loss of tourist accommodation may undermine the tourist role that the Borough is

seeking. Such a loss may be either in a geographic zone or in a particular market sector (such as camping or caravanning sites). Whether a loss of accommodation is significant can only be judged in terms of the local tourist facilities of an area and the scale of the proposed relative loss of the accommodation.

POLICY ED19 THERE WILL BE A PRESUMPTION AGAINST PROPOSALS WHICH WOULD

LEAD TO A SIGNIFICANT LOSS OF TOURIST ACCOMMODATION.

Holiday Caravan and Camping Sites 5.103. There are a small number of holiday caravan and camping sites in the Borough, and there is an

identified need for further such provision. With the opening of the Channel Tunnel and the projected continued increase in the number of home and foreign visitors travelling through the Borough, there is likely to be an increasing need for a site close to the M20. Such a site will need to provide high quality facilities for overnight or short stays in a well-landscaped setting, with particular care being taken to minimise any environmental impact on the locality.

5.104. All such new camping and caravanning sites should be located outside the most sensitive

landscape areas in the Borough (namely the AONB and the four SLAs). They should be sited in well screened, unintrusive locations, and sites surrounded by mature woodland or taking good advantage of concealing natural land forms will be particularly appropriate. The sites should also minimise intrusion and disturbance, and should not be located in concentrations that could create environmental or highways problems. Proposals for the disposal of sewage should be discussed with the Environment Agency at the earliest opportunity.

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5.105. In order to avoid tourist accommodation sites being inappropriately used all year round the Council will impose occupancy conditions, to prevent them being used as permanent residential sites. The aim in devising the occupancy condition has been to create a realistic basis for monitoring and enforcement, that does not require intrusive checks on the occupants. One element of the condition is to limit the maximum period of occupancy by one individual or group of individuals to one month.

POLICY ED20 THE PROVISION OF SITES FOR THE STATIONING OF HOLIDAY CARAVANS

AND/OR HOLIDAY TENTS WILL BE PERMITTED OUTSIDE THE DEFINED URBAN AREAS

AND VILLAGE BOUNDARIES PROVIDED THAT THE FOLLOWING CRITERIA ARE MET:

(1) THE SITE IS NOT AN INTRUSIVE FEATURE IN THE LANDSCAPE OR DETRIMENTAL

BY ITS SITING OR APPEARANCE TO THE VISUAL OR OTHER AMENITY OF THE

SURROUNDING AREA; AND

(2) THE SITE IS CAPABLE OF BEING ADEQUATELY SCREENED AND INTERNALLY

LANDSCAPED AND IT IS POSSIBLE TO PROVIDE APPROPRIATE LANDSCAPING

WITH INDIGENOUS SPECIES; AND

(3) ARRANGEMENTS FOR ACCESS, PARKING AND SERVICING OF THE PROPOSED

DEVELOPMENT ARE ADEQUATE AND THERE ARE NO HIGHWAY OBJECTIONS TO

THE PROPOSED USE OF THE SITE; AND

(4) THE PRESENCE OF ANY SIMILAR USES IN THE LOCALITY AND THE COMBINED

EFFECT THAT ANY SUCH CONCENTRATION WOULD HAVE, WOULD BE

ACCEPTABLE IN TERMS OF ENVIRONMENTAL IMPACT AND HIGHWAY SAFETY;

AND

(5) THERE IS NO DETRIMENTAL IMPACT ON NEIGHBOURING LAND USES OR

RESIDENTIAL AMENITY.

A HOLIDAY OCCUPANCY CONDITION WILL USUALLY BE ATTACHED, PREVENTING USE

OF THE SITE AS A PERMANENT ENCAMPMENT. THE CONDITION WILL LIMIT

OCCUPATION TO A SPECIFIED TEN MONTH PERIOD IN ANY CALENDAR YEAR.

Tourist Hostel Facilities 5.106. There is an identified unmet demand for tourist hostel style accommodation, especially for use by

cyclists and walkers. Such provision should be made consistent with the requirements of policy ED17. The economics of hostel provision often put it in a weak position in the local land market compared to more profitable uses. The Council will, therefore, welcome the inclusion of a hostel facility as a part of a wider mixed use scheme.

Business Tourism 5.107. In 1995 over 150,000 conference delegates came to the Borough and spent over £8 million in the

local economy. The Borough Council is keen to capitalise on this sector, and is a member of the British Association of Conference Towns (BACT), which raises awareness of the town as a conference location. There is no purpose built conference hall or exhibition centre in the Borough although facilities are provided in the larger hotels, at County Hall, the Hazlitt Theatre/Corn Exchange Complex, and the Maidstone Leisure Centre, as well as in a variety of other venues.

5.108. These facilities vary in capacity from six to 1,200 theatre style, and from four to 90 in boardroom

style. Surveys suggest that hotels are the preferred type of venue, and that the majority of conferences are for up to 150 delegates, although 15% of BACT enquiries are for large association conferences of 500 plus people. Maidstone has the capacity to hold such large

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conferences although feeding and sleeping delegates may be more of a problem, particularly on the conference premises. The largest number of rooms at a hotel is less than 150.

Conference Hall/Exhibition Centre 5.109. In 1996 the Borough Council commissioned a consultant's study on how to best approach the

business/conference market. This study made a number of recommendations, principally in terms of literature, marketing and creating a dedicated conference office to co-ordinate activity in this sector. In land use terms, its recommendations encompassed:

(i) continued improvements of the town centre (including car and coach parking provision -

see the Transportation Chapter, and the availability of quality restaurants, bars and shops - see the Retailing Chapter);

(ii) the development of a town centre hotel (see Policy ED18 above); and

(iii) consideration, in the medium term, to building a Conference/Exhibition Centre/Concert Hall.

5.110. At present it is not proposed to allocate a site for such a major Conference Hall facility, although a

town centre venue would be the most appropriate in terms of access to other facilities (and so input to the local economy) and in view of sustainability concerns. It is considered that, at the present time, the market for such a large venue is still relatively ill defined, but the establishment of a joint public/private sector conference office (as proposed above) will help to define this market, and thus the scale and nature of any venue to be constructed.

5.111. Given the need for additional overnight accommodation, there is clearly scope to combine

conference and hotel facilities.

POLICY ED21 THE BOROUGH COUNCIL WILL PERMIT PROPOSALS FOR A

CONFERENCE OR EXHIBITION CENTRE IN, OR ON THE EDGE OF, THE TOWN CENTRE,

AS DEFINED ON THE PROPOSALS MAP.

Tourist Attractions

5.112. There are a number of tourist attractions in the Borough where further development may prove to

be acceptable subject to the satisfaction of a variety of criteria which are dealt with by policies ENV2, ENV4, ENV5, ENV6, ENV28 and T23. The two major tourist attractors in the Borough are Maidstone town centre (which offers a variety of facilities) and Leeds Castle. The bulk of the Whitbread Hop Farm lies in Tonbridge and Malling Borough, with only the less developed parts of the site in Maidstone Borough. Until such time as a promised development brief is prepared and adopted by both Authorities, the Borough Council will determine planning applications on the Hop Farm site on their merits against the policies in the Environment Chapter.

5.113. In addition to major sites, there are a number of other, smaller sites which may have some limited

potential for further expansion. Several of these are on small, constrained, sites or lie in the south of the Borough where good quality highway access is limited. A number of general amenity concerns will need to be addressed before development can go ahead.

5.114. The Yalding area, especially The Lees and the River Medway, have been an attraction in the

summer for a considerable number of years. These attractions have recently been added to by the creation of the Yalding Organic Gardens (an off-shoot of the renowned Ryton Organic Garden, near Rugby), and the country park being developed on land owned by Zeneca, off Parsonage Farm Road. Because of the relatively poor highway network in the area (including several Scheduled Ancient Monument listed bridges), any further development would need to be very carefully considered and possibly linked to greater tourist use of Yalding Station on the Medway Valley Line.

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5.115. Lashenden Air Warfare Museum near Headcorn is a significant, interesting but under-used resource. It exists in cramped accommodation with many of the World War II exhibits having to be kept in storage. There may be the opportunity to develop larger, better laid out facilities, but the amenities of residents in the Headcorn area, highways issues and the impact of the development on the new Low Weald SLA will all need to be addressed to the satisfaction of the Borough Council.

5.116. Headcorn flower centre and vineyard has developed over a number of years and offers visitor

trails through the vineyards and heated glasshouses. Any further development of the site would need to respect the small-scale agricultural and rural nature of the locality, together with its impact on the new Low Weald SLA.

5.117. Tyland Barn is the headquarters of the Kent Trust for Nature Conservation. The recently opened

and expanded facility provides a small-scale attraction with restricted parking and access and in close proximity to residences. Although close to the M20, access and egress is lengthy and circuitous. Any further development would need to be small-scale, respecting the constraints of the site and its neighbours.

POLICY ED22 THE BOROUGH COUNCIL RECOGNISES THE FOLLOWING LOCATIONS

AND THEIR FACILITIES AS MAJOR TOURIST ATTRACTIONS WHERE FURTHER TOURIST

DEVELOPMENT WILL BE FAVOURABLY CONSIDERED:

(i) MAIDSTONE TOWN CENTRE;

(ii) LEEDS CASTLE.

THERE ARE OTHER EXISTING LOCATIONS WHICH MAY HAVE LIMITED POTENTIAL FOR

FURTHER EXPANSION:

(iii) YALDING AREA (ORGANIC GARDENS, LEES, RIVER MEDWAY AND COUNTRY

PARK);

(iv) LASHENDEN AIR WARFARE MUSEUM, HEADCORN;

(v) HEADCORN VINEYARD, HEADCORN;

(vi) TYLAND BARN, SANDLING.

Museum of Kent Life, Cobtree 5.118. The Museum of Kent Life lies just to the north of urban Maidstone, close to junction 6 of the M20,

on the Forstal Road. Originally supported jointly by Maidstone Borough Council and Kent County Council the museum is now well on the way to becoming financially self-supporting. It has become a major regional attraction, winning a number of awards.

5.119. The Museum includes reconstructed rural buildings from many parts of Kent, and traditional Kent

landscapes such as hop gardens and orchards. It is the Museum's ambition to reconstruct a whole traditional Kent village to complement its farmyard setting, and possibly add riverside wharves on its Medway frontage. The site, however, is small and constrained with relatively poor immediate site access, although its location adjacent to the M20 is an advantage. The extensive flood plain of the Medway and the prominence of much of the hillside on which the museum is located serve to limit the potential for development. The hillside acts as a foreground to the AONB and structures here will be readily visible from Allington Locks (a major informal recreation spot) and from the motorway.

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5.120. The Borough Council, in principle, supports further development at the Cobtree site, but it will need to be carefully considered in terms of scale, design, location and its impact on the environment, issues which are dealt with in other policies of this Plan.

POLICY ED23 DEVELOPMENT AT THE MUSEUM OF KENT LIFE AT COBTREE, AS

DEFINED ON THE PROPOSALS MAP, WILL BE PERMITTED PROVIDED THAT

DEVELOPMENT IS ACCEPTABLE IN TERMS OF ITS IMPACT ON THE SETTING OF THE

AREA OF OUTSTANDING NATURAL BEAUTY AND THE SPECIAL LANDSCAPE AREA AND

IS UNOBTRUSIVE WHEN VIEWED FROM, OR SEEN AGAINST A BACKDROP OF, THESE

AREAS.

New Tourist Attractions 5.121. There may be opportunities within the Borough for the creation of new tourist attractions. Some

of these will be attractions which do not need to be located on one specific site, in which case they should be sited in a way which reduces the need for car based journeys and the length of such journeys. Good access to public transport (preferably a railway station) and to the strategic highway network should be available. The Structure Plan also gives great emphasis to the importance of locating tourism facilities close to transportation links. Equally the grouping of facilities to enable combined visits is convenient for the user and minimises journeys.

5.122. Tourist attractions may be based on existing buildings, groups of buildings or areas of countryside

and nature conservation interest where opportunities can be created to help understand the area's heritage and the attractions of the natural environment.

5.123. Facilities to serve walkers on the long distance footpaths through the Borough, such as the North

Downs Way, should be encouraged, but designed so as to complement the high quality landscape found along these routes.

5.124. PPG7 refers to the role that tourism has to play in diversifying the rural economy. It maintains that

tourism in the countryside should always be to the benefit of the rural economy. Appropriate activities might include farm tourism, workshops for public demonstration and display of rural crafts, and activity holidays.

5.125. When considering a tourist attraction, there is a need to take account of the number of visitors it

attracts. Where appropriate, the Council will require a developer to submit informed estimates of projected visitor levels for a new development, to enable the potential impact of a scheme now and in the future, to be fully evaluated.

POLICY ED24 PERMISSION WILL BE GRANTED FOR A NEW OR EXTENDED TOURIST

ATTRACTION OR FACILITY FOR VISITORS IF:

(1) ACCESS IS AVAILABLE BY A CHOICE OF MEANS OF TRANSPORT; AND

(2) CAR PARKING IS PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OF

POLICY T13; AND

(3) THE VEHICULAR ACCESS TO AND FROM THE HIGHWAY IS SAFE; AND

(4) THE ACCESS ROADS ARE SUITABLE FOR THE LIKELY TRAFFIC GENERATION;

AND

(5) THERE WILL BE NO HARM TO ANY CONSERVATION, HERITAGE OR RESIDENTIAL

AREAS.

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Water-based Tourism 5.126. River-based tourism is an opportunity that has yet to be fully explored in the Borough. The

Medway is the principal river and is navigable over all of its length through the Borough. There are other rivers which may also have potential (the Teise, the Beult and the Len) although the potential may lie in activities alongside the river (such as the Len Valley Walk) rather than on the river in these cases.

5.127. The Medway continues to enjoy an attractive landscape over most of its length and public access

is well served by the towpath. Where the river leaves the Borough in the north at the M20 bridge it is tidal, although Allington Locks represent the upper limit of tidal influence. Around Allington there are a number of attractions - the fine, rolling and wooded countryside, the Listed Allington Castle, the locks themselves, a marina, a large public house, riverside walks and the Museum of Kent Life. There is also planning permission for a hotel at a higher level. Upstream there is an ALLI extending as far as the high level railway bridge on the edge of Maidstone town centre.

5.128. The last twenty years have seen the opening up of the river in the town centre to public view and

access. Extensive riverside walks and moorings have been created, and further opportunities for such facilities will be taken when they become available (especially on the west bank between Homebase/Courts and the Whatman Park). Additional mooring facilities may be provided to meet particular demands, subject to the satisfaction of the Environment Agency's concerns about the width of the navigable channel. In addition, the redevelopment scheme at Lockmeadow provides the opportunity to promote improvements to enhance the relationship of the site to the river at this important location. A large passenger launch based in the town centre plies the river to Allington.

5.129. Upstream from Maidstone town there are picturesque medieval bridges at East Farleigh, Teston

and Yalding. This stretch of the river is in an Area of Local Landscape Importance. A picnic area has been provided at Teston with walks in adjoining meadows, and a focal point at a river lock. There are private boat yards at Allington, Tovil, Wateringbury, East Farleigh and Yalding. A continuous towpath runs along the river bank, and in addition to the picnic area at Teston there is a substantial area of meadow land available for informal public recreation at Yalding, called The Lees.

5.130. Following consultation with the Environment Agency it is identified that certain parts of the river

may be capable of accommodating new mooring facilities, whilst in others replacement of permanent facilities is desirable. In determining specific applications for such measures, the Council will have regard to a number of issues designed to assist in the ready assimilation of these works, and will have regard to the advice of the Environment Agency. The consent of the Environment Agency is required for any works proposed on the River Medway or within eight metres of the top of the bank.

5.131. The Borough Council recognises the links that can exist between recreational facilities and

tourism and will encourage the use of the River Medway and its banks for sport and recreation where this is compatible with nature conservation and environmental policies.

POLICY ED25 FURTHER SMALL SCALE AND SHORTER TERM MOORING FACILITIES

WILL BE ACCEPTABLE, AS INDICATED, AT THE FOLLOWING LOCATIONS SUBJECT TO

THE VIEWS OF THE ENVIRONMENT AGENCY AND THE PROPOSALS BEING

ACCEPTABLE IN THE CONTEXT OF ENVIRONMENTAL POLICIES AND THEIR IMPACT ON

THE SURROUNDING AREA:

(i) ALLINGTON - OVERNIGHT MOORINGS;

(ii) MAIDSTONE TOWN CENTRE - OVERNIGHT OR SHORT-STAY MOORINGS SUBJECT

TO AN INCREASE IN THE WIDTH OF THE NAVIGABLE CHANNEL WITHOUT LOSS

OF ECOLOGICAL VALUE;

(iii) WATERINGBURY - REPLACEMENT OF PERMANENT MOORINGS WITH SHORT-

STAY MOORINGS;

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(iv) EAST FARLEIGH - REPLACEMENT OF PERMANENT MOORINGS WITH SHORT-

STAY MOORINGS;

(v) YALDING – SHORT-STAY MOORINGS;

(vi) STONEHAM - OVERNIGHT OR SHORT-STAY MOORINGS;

PROVIDED THAT THE FOLLOWING CRITERIA ARE MET:

(1) THERE IS NO LOSS OF FLOOD PLAIN OR LAND RAISING; AND

(2) PROPOSALS ARE CONSISTENT WITH THE LANDSCAPE QUALITIES, ECOLOGY

AND USES OF THE RIVER AND VALLEY IN THE LOCALITY; AND

(3) PROPOSALS CREATE NO OPERATIONAL PROBLEMS FOR OTHER RIVER USERS,

INCLUDING FISHERMEN; AND

(4) FACILITIES ARE PROVIDED FOR DISPOSAL OF BOAT TOILET CONTENTS; AND

(5) THE HEIGHT, SETTING, MASSING AND APPEARANCE OF THE DEVELOPMENT IS

ACCEPTABLE IN THE CONTEXT OF ENVIRONMENTAL POLICIES AND ITS IMPACT

ON THE SURROUNDING AREA; AND

(6) THE SITE IS CAPABLE OF BEING ADEQUATELY SCREENED AND IT BEING

POSSIBLE TO PROVIDE APPROPRIATE LANDSCAPING WITH INDIGENOUS

SPECIES; AND

(7) ARRANGEMENTS FOR ACCESS, PARKING AND SERVICING OF THE PROPOSED

DEVELOPMENT ARE ADEQUATE AND THERE ARE NO HIGHWAY OBJECTIONS TO

THE PROPOSED USE OF THE SITE; AND

(8) THERE IS NO ADVERSE EFFECT ON ADJACENT PREMISES OR VISUAL AMENITY;

AND

(9) MEASURES FOR THE MITIGATION OF NOISE AND GENERAL DISTURBANCE

EMANATING FROM THE DEVELOPMENT MUST BE PROPOSED TO THE

SATISFACTION OF THE BOROUGH COUNCIL; AND

(10) THE PRESENCE OF ANY SIMILAR USES IN THE LOCALITY AND THE COMBINED

EFFECT THAT ANY SUCH CONCENTRATION WOULD HAVE, WOULD BE

ACCEPTABLE IN TERMS OF ENVIRONMENTAL IMPACT AND HIGHWAY SAFETY.

Detling Showground 5.132. The County Show is one of the premier events in Kent life and is held over three days every

summer. The Show has a permanent home on Detling Hill just north-east of Maidstone. Located on the A249 between the M2 and M20, the site enjoys good access from all over Kent but suffers poor immediate site access which can cause congestion over a relatively wide area at peak times.

5.133. The site also lies in the Kent Downs Area of Outstanding Natural Beauty where Central

Government requires that priority is given to landscape over other planning issues (see policy ENV33). Consequently, whilst the Borough Council will recognise the importance of the site as the home of the Kent County Show, applications for built development will normally be resisted.

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POLICY ED26 AT DETLING SHOWGROUND, AS DEFINED ON THE PROPOSALS MAP, THE

BOROUGH COUNCIL WILL GIVE PRIORITY TO LANDSCAPE OVER OTHER PLANNING

CONSIDERATIONS.

Environmental Appraisal 5.134. The policies in this chapter have been subject to environmental appraisal in accordance with

Government advice in PPG12. 5.135. Of the newly allocated sites, land adjoining the Hilton Hotel is well related to the road network and

to the population centres of mid-Kent. The new allocation at St. Michael's Close, near Aylesford is an extension to an existing industrial estate with no adverse environmental impact.

5.136. Of the retained allocations, Tovil Green lies within the urban area in easy reach of the residential

areas of south Maidstone. Parkwood involves the use of Grade II agricultural land but adjoins an established industrial area and is well placed to serve the extensive residential estates nearby and the rural areas to the south of Maidstone.

5.137. Retained allocations in rural Maidstone are concentrated in the major villages and adjoin

established economic development areas. 5.138. Both sites identified for major mixed-use development involve the upgrading of sites within the

urban area well related to the transport network. 5.139. Policies relating to large existing sites in rural areas recognise their valuable role in employment

provision and attempt to accommodate the requirements of businesses within and adjacent to their existing boundaries.

5.140. Most of the tourism policies clearly score positively because they are closely tied to the

achievement of sustainable development and follow the locational sequential test as far as practicable.

5.141. The Borough Council embraces both the principle and the practice of sustainable tourism. It is an important source of local employment that provides considerable income to the economy. But tourism also needs to respect the environment which attracts visitors and positively manage its impact.

5.142. The Council's tourism policies seek to manage, diversify and expand the sector in a sustainable manner. However, it has to be acknowledged that many of the attractions which draw visitors are in locations that may not readily or easily afford transport choices. Such fixed assets (medieval castles, etc or rivers) cannot be moved, and so sustainable development principles must centre on their sensitive development and management.

Monitoring 5.143. The performance of this Plan in meeting its aims with regard to economic development and

tourism will be judged against the following indicators:-

(i) the number and nature of new economic development consents on land allocated for the purpose and in the designated areas of existing economic activity;

(ii) the establishment of high value manufacturing companies on land adjoining the Hilton

Hotel;

(iii) the level and quality of redevelopment at Lockmeadow and Maidstone East Station;

(iv) the number of units for small businesses provided as part of speculative economic development proposals;

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(v) the number of permissions for the relocation of companies seeking a new site because of

the impact of their operations on the surrounding area;

(vi) the number of permissions for the conversion or change of use of buildings in the countryside to economic development purposes;

(vii) the number of visitors to the TIC and major attractions;

(viii) the change in the number of bed spaces and establishments offering accommodation;

(ix) the number of new attractions that open;

(x) the number of conferences and delegates coming to the Borough;

(xi) any change in the number of moorings on the Medway; and

(xii) the number of permitted exceptions to policies.

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PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A

STRUCK THROUGH LINE E.G. T4. AS MORE OF THE LDF REPLACES THE 2000 LOCAL

PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS

IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL

CONTEXT OF THE POLICIES CAN STILL BE SEEN.

TRANSPORTATION

Introduction 6.1. As a major business, administration and retail centre, Maidstone is a significant attractor of traffic.

With a substantial population and high levels of multiple car-owning households it is also a major traffic generator. This chapter covers all aspects of transportation: pedestrians; cycling; buses; trains; taxis; lorries; and cars. It also encompasses access for people with disabilities, development control related highways issues, parking standards, park-and-ride, the Medway Metro system and new highways construction schemes. It also includes policies on boat yards, coach parking and Headcorn airfield.

National and Strategic Context 6.2. It has become increasingly clear in the last twenty years that continued provision for the growth in

use of motor vehicles, and the private motor car in particular, is not a practical possibility. With traffic levels having grown dramatically since 1945 and projected to continue to grow, and with increasing congestion, safety, pollution and parking problems, it is becoming manifest that the present unsatisfactory situation on the highways is not going to improve (if anything, it will further deteriorate) without intervention to control the situation.

6.3. There is an increasing awareness of the need for more sustainable policies at all levels, from

international to local, and transportation is seen as a critical component in this area. PPG13 - "Transport" was issued in 1994 and this represents a major change in U.K. transportation policy to bring it into line with "Sustainable Development: the U.K. Strategy". This was published in January 1994, following the Earth Summit in Rio de Janeiro, and emphasised the need for the planning system to encourage patterns of development that minimise the need to travel and promote alternative transport choices to the car (cycling, walking and public transport) in order to help keep down polluting emissions and also conserve non-renewable energy resources.

6.4. The new emphasis on sustainability is taken up in the Kent Structure Plan 1996 which recognises

that providing fully for the private motor car is no longer tenable, particularly in urban areas. The Structure Plan recognises that, whilst there may be a need for specifically targeted new highway construction, increasing emphasis in planning and funding transportation programmes should be given to means of transport other than the private car.

6.5. Through the Local Transport Plan (LTP), the County Council as Highway Authority bids for

Government funds and authority to spend money on transportation. Part of the LTP is a series of Urban Transportation Strategies, which analyse the problems that particular Kent urban areas face, and propose a balanced strategy of multi-mode measures to overcome them. The Maidstone UTS was prepared jointly by County Highways officers and Borough planning and highways officers, giving it very close links to this Local Plan. The Maidstone UTS (or package) gained approval by the Department of Transport in 1996/97 for the first time.

6.6. The Department of Environment, Transport and the Regions is responsible for national transport

policy (including motorways and trunk routes), and Kent County Council is the Highway Authority responsible for all other roads. The Borough Council acts in partnership with the Highway Authority on issues of maintenance and traffic management. The Borough Council has taken on powers to enforce waiting restrictions under recent legislation „decriminalising‟ parking restrictions. It also operates off-street car parking and manages on-street residents' parking schemes. Public transport lies in the hands of private bus companies (principally Arriva) and

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privatised British Rail subsidiaries (particularly Railtrack and Connex South Eastern, the train operating company).

Local Context 6.7. With an urban population approaching 90,000 Maidstone is the County Town of Kent, which is

both a major traffic attractor and generator. Traffic densities in the area are amongst the highest in Kent, following a 50% increase in population from 1951 to 1991. Projected car use would suggest the potential to double the numbers to 2006 if the highway network could accommodate it.

6.8. The M20 London-Folkestone motorway passes immediately to the north of the town, whilst the

M2 passes through the northern edge of the Borough running from London to Canterbury. Both motorways carry large volumes of both through and local traffic, with the consequence that the M20 has recently been widened and the M2 is also shortly to go through this process. Farthing Corner Motorway Service Area on the M2 lies just outside the Borough, whilst the Maidstone Motorway Service Area near Hollingbourne to serve the M20 is now open. It is not anticipated that any further MSAs could be built in the Borough under present legislation regarding the minimum distance between MSAs.

6.9. There are a number of heavily trafficked „A‟ class roads in the Borough (notably the A229 and

A249 dual carriageways between the M2 and M20), six of which focus on Maidstone town centre as this provides the only high quality crossing of the Medway between Rochester and Tonbridge (except for the two motorways). Despite a doubling of the capacity of this crossing in 1977 (with the opening of St. Peter's Bridge), the bridge gyratory system in central Maidstone operates at capacity during the morning and evening peaks, and represents a restraint on traffic growth. Schemes to relieve the northern and eastern corridors serving the town centre (and thus enabling pedestrianisation) have been completed in the last decade.

6.10. Elsewhere, the Walderslade/Lordswood area suffers congestion particularly from traffic seeking

to move east-west to and from the Hempstead area of Medway. Several villages in the rural area also suffer problems from the volumes of traffic passing through sensitive environments. Leeds and Langley Heath are foremost in this regard. The Council recognises the particular reliance of rural communities on the use of private cars in the absence of any, or very limited, public transport provision.

6.11. Further conflicts arise between the environment and motor vehicles in relation to parking, both in

the town centre, the suburbs and even the larger villages. Parking restrictions, residents' preference parking schemes, an off-street parking strategy and park-and-ride have already been put in place, but these measures need to be kept under review and honed.

6.12. The Maidstone and Medway Towns urban areas have a relatively extensive bus network,

although service frequencies on some routes, and penetration to new housing suburbs, can be low. In the rural area, buses tend to be more thinly spread particularly where villages are small and/or are away from major „A‟ and „B‟ class roads. Post buses operate to certain villages, such as Stockbury, Wormshill, Platt's Heath and Lenham Heath. The focus for most of the bus network is Maidstone town centre, although certain services to some of the more remote Downs' villages take Sittingbourne as their hub. Central Maidstone has both on- and off-street bus termini, which can become congested at peak times. Penetration into the core of the shopping area is good, and the Chequers bus mall has undergone a major refurbishment to improve facilities for passengers and its general environment. The reliability of bus services is still severely hampered by congestion, but the success of the bus priority measures on the A20 London Road corridor (funded by the EU-supported Maidstone Initiative for Sustainable Transport (MIST)) has demonstrated how this can be overcome.

6.13. There are three railway routes through the Borough, serving 13 passenger stations. The principal

route serving urban Maidstone is the London-Ashford via Maidstone East, opened in two phases in 1874 and 1884. This was fully electrified in 1961. From 1970 there was only one train per hour on this route but this was upgraded to two per hour in 1988, and further upgraded to three per hour in 1989. Since 1995, one of these services has terminated at Maidstone. The shortest, non-

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stop, journey time to London is 53 minutes from Maidstone East, the principal station in the Borough.

6.14. The route across the south of the Borough, serving Marden, Staplehurst and Headcorn is the London-Ashford route via Tonbridge. This opened in 1842, and offers one London-bound train an hour (off-peak) from Headcorn and Marden, or two trains an hour from Staplehurst. The fastest journey time from the latter to Waterloo is 59 minutes. The third line in the Borough is from Strood to Paddock Wood via Maidstone West, opened in two phases in 1844 and 1856. Through trains along the Medway Valley line from the Maidstone West Station to London ceased in 1984. There are two trains an hour from Maidstone to Strood, and one an hour from Maidstone to Paddock Wood (most of which, off peak, go to Gatwick Airport). This is the only one of the lines in the Borough to have suffered station closures: Tovil (in 1943) and Teston (in 1959).

6.15. No new stations have opened since Victorian times on any of these lines, but many stations are

now unmanned for all, or part of the day. The two Ashford-London lines will continue to carry Eurostar trains from Waterloo to the Channel Tunnel until the CTRL is opened. This will run parallel to the M20 from Lenham Heath westwards to Detling, from where it will run obliquely across the Boxley Valley before passing into a tunnel at Blue Bell Hill to avoid the North Downs.

6.16. There is an extensive footpath network in the urban areas, and there are a large number of rights

of way in the rural area. Several long-distance footpaths cross the Borough, and these are well used for recreational purposes. The principal shopping streets in central Maidstone are pedestrianised, and several suburban local centres are pedestrian-orientated. The Borough Council is investing significant sums on pedestrian safety measures to enhance the attractiveness of walking, principally through traffic calming schemes and the installation of pedestrian refuges on busy roads. The Borough Council and the Highway Authority have begun a programme of creating a strategic cycle network in urban Maidstone with the opening of the London Road and Royal Engineers' Road arterial routes. A recreational cycle route across the North Downs east of Maidstone has also recently been created.

6.17. The River Medway is navigable throughout its length in the Borough, and there are a number of

boat yards and marinas which offer facilities for boat owners. The river is used by both local people and tourists alike.

6.18. Aviation in the Borough is largely restricted to Headcorn airfield in the south east corner. This

offers facilities for private owners, leisure flights, activity holidays and the like.

Aims and Objectives 6.19. The policies in this chapter reflect changes in Central Government transportation priorities as set

out in PPG13. The emphasis in policy (and funding) has switched away from highways construction as the sole means of resolving all transport problems to a more balanced approach. The promotion of transport choices as an alternative to the private car is well to the fore, with buses, taxis, railways, light rail, cycling and walking taking precedence. Nonetheless, it is recognised that persuading people not to use their cars so widely where alternatives are available will necessarily be a major cultural change, and will represent a long-term project.

6.20. In determining its locational policies and proposals the Borough Council has sought, as far as

practicable, to follow sustainable principles: locating development to afford transport choices; to minimise the length and number of private car journeys; to promote the role of public transport, cycling and walking; to recycle brownfield land; to raise urban residential densities; to promote local facilities and to retain the best of today's environment for tomorrow's generation. Plainly, reconciling all of the competing demands for scarce resources (such as land) is not easy, and informed compromises have to be made. In choosing its new major allocated development sites the Council has had to reconcile the intense demand for new development, especially for new housing, against environmental and planning constraints of the highest order.

6.21. The Council has sought to follow the PPG13 guidance that development which attracts significant

movements of freight (such as large scale warehousing/distribution depots and some forms of

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manufacturing) should be located away from residential and congested central urban areas, but should have direct access to the local, rather than the trunk, network. The PPG also suggests that such forms of development should be encouraged to carry freight by rail or water, and so should be served (or have the potential to be served) by wharves or railway sidings. For employment uses generally it suggests that they should be located in urban areas in locations already well served, or with the clear potential to be well served, by public transport, and easily reached from local housing by cycling or walking.

6.22. In considering appropriate locations for office, retail, leisure, tourism, recreational, educational

and other public facilities, the PPG advises that they should be directed to central locations or locations close to their clients (depending on the nature of the use) and locations well served, or with the potential to be well served, by public transport and easily reached from local housing by cycling or on foot. The Council has sought to follow this guidance in its allocations. Housing should be concentrated into urban areas where it is, or can be, easily accessible to facilities (such as local shops, schools, workplaces, places of worship, entertainment, etc) and to a range of transport provision. Higher density residential development should be concentrated, according to PPG13, near public transport centres, or alongside corridors well served by public transport (or with the potential to be well served) and close to local facilities.

6.23. The County Council, as Highway Authority, and the Borough Council, as Local Planning Authority,

have jointly developed an integrated transportation strategy for the Borough. The objectives of this strategy will be pursued through this Local Plan. The objectives are:

(i) encouragement of appropriate public transport provision and increased opportunities for

cycling and pedestrians; (ii) traffic management measures to reduce unnecessary use of the private car, and increase

road safety; (iii) a co-ordinated car parking strategy for urban Maidstone, including the provision of park-

and-ride facilities, residents' preference parking, reduced central area long-stay parking, appropriate provision for long-stay parking on the edge of the town centre and enhanced short-stay parking provision in the central area;

(iv) appropriate new highway construction, where the environmental, highway safety and/or

economic development benefits are significant; and (v) action to assist easy, safe and dignified access by people with disabilities.

6.24. The policy below sets the context for all the detailed policies that follow. With an extra 10,000

dwellings to accommodate up to 2011, there is a need for active implementation of the strategy to contain demand for car travel.

POLICY T1 AN INTEGRATED TRANSPORT STRATEGY FOR MAIDSTONE WILL BE

FOLLOWED BY THE BOROUGH AND COUNTY COUNCILS. ALL NEW DEVELOPMENT

WILL REQUIRE TO BE SAFELY AND SECURELY RELATED EITHER TO EXISTING OR TO

IMPROVED MOVEMENT NETWORKS AND THEY MAY BE PHASED SO THAT ANY

NECESSARY WORKS AND OTHER FACILITIES ARE PUT IN PLACE AT THE APPROPRIATE

TIME.

6.25. The chapter now proceeds in the order: public transport; cycling; walking; traffic management; parking (including park-and-ride); coach parking; highways construction; boat yards; Headcorn airfield; development control issues; provision for people with disabilities.

Public Transport

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6.26. The average growth of traffic in Kent between 1980 and 1990 was 66%, compared with a national average growth rate of 49%. The present growth rate is still substantially higher than the national average. In the short-term the predicted growth rate has been assessed as 55%, whilst the medium-term rate would double traffic flows between 1991 and 2006 if unrestrained. Research by the Highway Authority has shown that only 5-10% of traffic in Maidstone town is through traffic, and travel demand is primarily for journeys to the town centre and between one part of the town and another.

6.27. The bus is ideally suited to this latter role and, for the future, the increasing role of the bus will be

crucial. However, due to congestion there is a need to aid bus access and service reliability as well as reduce bus journey times by bus priority measures. These can be achieved in a variety of ways, such as dedicated bus lanes, bus activated traffic signals or bus gates, etc. These measures can be enhanced by improved passenger access and waiting facilities (such as bus boarders to discourage illegal parking, and increased numbers of shelters) and travel information systems at stops and in the town centre. Through a public/private sector Quality Bus Partnership, co-operative working to integrate infrastructure with the bus operators' incoming generation of low floor easy access buses is being achieved.

6.28. The Borough Council and the Highway Authority have identified the main arterial routes as key in

this process of bus service enhancement. Particular priority will be afforded to park-and-ride corridors (see policy T17), as experience suggests that it is easier to entice car drivers onto buses for part of, rather than all of, their journey. It is equally appropriate to offer such facilities to hackney carriage users, as hackney carriages are also an important part of the public transport network, albeit a smaller scale and semi-private one, offering services particularly well suited to the needs of many people with disabilities as well as the able-bodied.

POLICY T2 WITHIN THE BUS AND HACKNEY CARRIAGE CORRIDORS, AS DEFINED ON

THE PROPOSALS MAP, THE BOROUGH COUNCIL AND THE HIGHWAY AUTHORITY WILL

DEVELOP PREFERENCE MEASURES TO AID BUS AND HACKNEY CARRIAGE ACCESS,

PARTICULARLY ON PARK-AND-RIDE ROUTES. SUCH MEASURES MAY INCLUDE:

(1) DEDICATED BUS LANES, INCLUDING CONTRA-FLOW LANES WHERE

APPROPRIATE;

(2) PRIORITY TO BUSES AT JUNCTIONS;

(3) PRIORITISATION WITHIN TRAFFIC MANAGEMENT SCHEMES; AND/OR

(4) ENHANCED WAITING AND ACCESS FACILITIES AND INFORMATION SYSTEMS FOR

PASSENGERS, INCLUDING PEOPLE WITH DISABILITIES. 6.29. Many new development schemes have the opportunity to make a particular contribution towards

offering the choice of energy-efficient and sustainable modes of transport, as required by PPG13 – “Transport”. All major development proposals will inevitably be generators of inward movement. They should accordingly have appropriate provision in their design and layout for residents, employees, visitors, shoppers and others to make alternative transport choices. This will come about by offering attractive and accessible bus and taxi facilities, including convenient bus stops, waiting areas and shelters and ease of access on foot and by wheelchair from all parts of the development area in question.

6.30. Substantial new housing sites will additionally be generators of outward movement and should

accordingly make provision, where this is physically possible, for either exclusive or priority direct access to or through them for public service vehicles. These vehicles will include buses (and possibly light rapid transport systems in the future). Their specific needs of access and movement should be taken into account in determining footways, pedestrian crossing points, speed restrictions, road widths, visibility distances, gradients and curvature.

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POLICY T3 PLANNING PERMISSION WILL NOT BE GRANTED FOR MAJOR

DEVELOPMENT PROPOSALS UNLESS ADEQUATE PROVISION IS MADE, WHERE

NECESSARY AND APPROPRIATE, WITHIN THE OVERALL DESIGN AND SITE LAYOUT FOR

THE FOLLOWING FACILITIES FOR PUBLIC TRANSPORT:

(1) PRIORITY OR EXCLUSIVE PROVISION FOR PUBLIC SERVICE VEHICLE ACCESS TO

OR THROUGH THE PROPOSED DEVELOPMENT AREA; AND

(2) SAFE AND CONVENIENT PASSENGER WAITING ACCOMMODATION, INFORMATION

SYSTEMS AND SIGNED PEDESTRIAN ACCESS ROUTES; AND

(3) SUITABLE PROVISION FOR DISABLED ACCESS TO THE WAITING

ACCOMMODATION FROM ALL PARTS OF THE DEVELOPMENT AREA.

Railways 6.31. The Borough Council has been pursuing improved railway services for the area over a number of

years. In 1988, as noted, the service frequency from Maidstone East to London was doubled (to two an hour) for the first time in 18 years, and was further improved in 1989 to three per hour. New trains to modern standards are intended to be provided and all the present passenger railway stock should have been replaced by 2010 by the latest. There have been, and there should continue to be, improvements to the number of journeys, the length of journey times and to the level of passenger comforts, in the years to come. The Borough Council will continue to press for, and monitor, such changes.

6.32. If rail is to play its full role as an alternative to the private car, as suggested by PPG13, facilities at

stations need to be improved in terms of both passenger safety and comfort, given that many stations are now unmanned for all or part of the day and shelters tend to be reduced to basic facilities. The demolition of the station buildings at Maidstone Barracks station in 1991 was a retrograde step in this regard. Car parking facilities at stations, as well as „kiss-and-ride‟ dropping off provision, can often be inadequate and cause highways or environmental problems. Bearsted Station is a particular, and long standing, problem in this regard which the Borough and Parish Councils will continue to press Railtrack and Connex South Eastern to resolve. Interchange between rail and other public transport modes should also be enhanced across the Borough.

6.33. Although not considered appropriate at the present time in connection with any of the major

development allocations made in this Plan, the Borough Council will carefully monitor the potential for new passenger rail stations in the Borough. Raising levels of awareness of the potential of the rail network for local commuting and shopping trips is important, although this is not a land-use issue and is being tackled through the Maidstone UTS.

POLICY T4 THE BOROUGH COUNCIL WILL PERMIT NEW AND IMPROVED RAIL-RELATED

AND OTHER FACILITIES AT RAILWAY STATIONS WHERE THESE WOULD IMPROVE THE

SAFETY AND CONVENIENCE OF EXISTING RAIL USERS, ARRIVING OR DEPARTING

FROM THE STATIONS BY ALL MODES OF PUBLIC OR PERSONAL TRANSPORT, AND

WOULD GENERALLY FACILITATE THE GREATER OR MORE FREQUENT USE OF RAIL

SERVICES. THE POTENTIAL FOR NEW RAILWAY STATION SITES, TO INCLUDE

INTERCHANGE PROVISION FOR A VARIETY OF MODES OF PASSENGER ACCESS AND

FOR VEHICLE PARKING, WILL CONTINUE TO BE EXPLORED.

Light Rail: Medway Metro 6.34. A County Council led investigation into improving services on the Medway Valley railway line

between the Medway Towns and Maidstone has indicated that a growth in patronage can be

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achieved, in particular providing an alternative to the private car for access to Maidstone town centre from the north-west. A fast inter urban link between Maidstone and the Medway Towns could be offered, revitalising and making better use of an existing section of railway infrastructure which is under utilised and in need of new investment. The proposed major development on the east bank of the Medway (in Tonbridge and Malling Borough) could be served by a new station at Holborough, and rail park-and-ride facilities at appropriate places along the line could be developed.

6.35. The existing line from Strood to Maidstone West requires heavy investment to bring it up to the

latest standards, but this itself will not attract many new passengers. Conversion to dual heavy and light rail use would bring shorter and more frequent trains, with more stations (to serve new and existing developments) without increased journey times because of the superior performance of light rail vehicles. It also offers the opportunity to increase physical penetration of the town centres by light rail at either end of the scheme. This is the proposal, called Medway Metro, which is supported by the County Council and the Borough Council and other local authorities.

6.36. As a first phase there should be an extension from West Station to the Cannon, mostly using on-

street running across the existing bridge gyratory system. Beyond the initial Maidstone-Chatham scheme, further extensions may be possible including one to Parkwood.

6.37. Both the Borough and County Councils, as local planning and highway authorities, support the

Medway Metro proposal. They will exert considerable effort to bring it to fruition within the Plan period. However, it should be recognised, at this stage, that a decision to proceed with the project will emerge from regional guidance. It will also be justified in accordance with the provisions of future Local Transport Plans. Moreover, the engineering works required by the project will be development generally permitted by virtue of the Second Schedule (Part 17) of the Town and County Planning (General Permitted Development) Order 1995.

6.38. However, planning permission for the project as a whole (if approved) will normally be deemed to

be granted by a direction of the Secretary of State, on making the requisite order under sections 1 and 2 of the Transport and Works Act 1992. The Borough Council would normally be consulted on the making of the order and would then wish to be satisfied that all relevant planning matters had been taken into account in the scheme‟s preparation. It is open for an applicant for such an order to obtain planning permission beforehand. In these circumstances, the planning application would be considered in the light of the following policy.

POLICY T5 A LIGHT RAIL SYSTEM IS UNDER CONSIDERATION AS A DIRECT

CONNECTION BETWEEN CENTRAL MAIDSTONE (CANNON) AND THE MEDWAY TOWNS.

IF CONSTRUCTED, IT WOULD USE THE MEDWAY VALLEY RAILWAY AND CONTINUE ON-

STREET WITHIN MAIDSTONE. PLANNING PERMISSION AND LISTED BUILDING CONSENT

(UNLESS OBTAINED IN ADVANCE) WOULD BE DEEMED TO BE GRANTED FOR THE

LIGHT RAIL SYSTEM BY MEANS OF AN ORDER UNDER THE TRANSPORT AND WORKS

ACT 1992. IN THE COURSE OF STATUTORY CONSULTATION IN THE MAKING OF THE

ORDER (OR IN THE EVENT OF PRIOR PLANNING AND LISTED BUILDING CONSENT

APPLICATIONS), THE BOROUGH COUNCIL WILL WISH TO BE SATISFIED THAT:

(1) THE LIGHT RAIL ALIGNMENT AND INTENDED STOPPING PLACES ACCORD WITH

THE PATTERN OF LAND USE, PLANNING COMMITMENTS AND THE RELEVANT

PROVISIONS OF THE ADOPTED LOCAL PLAN; AND

(2) THAT THE VISUAL AND PHYSICAL IMPACT OF THE LIGHT RAIL PROPOSALS IS

ENVIRONMENTALLY ACCEPTABLE, WITH PARTICULAR REGARD TO HISTORIC

AREAS AND BUILDINGS IN CENTRAL MAIDSTONE.

Channel Tunnel Rail Link

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6.39. In December 1996 Royal Assent was granted for construction of the Channel Tunnel Rail Link (CTRL), the new high speed rail link between London and the Channel Tunnel. The CTRL will more than double the capacity for international passenger services at peak times between Britain and Europe. There is provision for freight and the opportunity to release freight capacity on existing rail routes. Domestic journeys between London and Kent will be improved by the new stations at Ashford and Ebbsfleet.

6.40. During progress of the CTRL Bill through Parliament, the Borough Council petitioned for

enhanced mitigation measures and achieved a measure of success at Detling, Sandway and in the Boxley Valley. The CTRL will enter the north-west of the Borough, having just emerged from the tunnel under the North Downs at Blue Bell Hill, and will then run, mostly in cutting, across the Boxley Valley, north of Maidstone, to run parallel with the M20 south of Detling. It then broadly follows the M20 alignment until it reaches Lenham Heath when it leaves the Borough to the east.

6.41. The route of the CTRL is safeguarded under Directions issued by the Secretary of State for

Transport in 1996. As the CTRL is not a proposal of the Borough Council, and has already been permitted by Act of Parliament, it is not open to objection through the Local Plan process. The current Directions require the Borough Council to consult Union Railways (South) Limited (URS) (the developers) on all applications for planning permission within the designated area. Applications which the Council might be minded to approve against URS advice will be referred to the Secretary of State for a decision. The safeguarded area is shown on the Proposals Map, and includes land required both permanently for the railway and temporarily for works such as road diversions and construction sites.

POLICY T6 THE AREA SAFEGUARDED FOR THE CHANNEL TUNNEL RAIL LINK UNDER

THE DIRECTIONS ISSUED BY THE SECRETARY OF STATE FOR TRANSPORT IN

FEBRUARY 1996 IS SHOWN ON THE PROPOSALS MAP. THE BOROUGH COUNCIL WILL

CONSULT UNION RAILWAYS (SOUTH) LIMITED ON ALL APPLICATIONS FOR PLANNING

PERMISSION WITHIN THIS AREA.

Safeguarding Railway Lines 6.42. With the uncertainties offered by rail privatisation and the reducing Government subsidy into the

rail network in the South East, there can be no absolute certainty that all stations and all three rail lines in the Borough will remain open to 2006. The 1994 County Council report "Public Transport for Kent" clearly shows that of all the commuter lines to London from Kent (via Tonbridge and Sevenoaks, via the Medway Towns and Dartford and via Maidstone and Otford) the Maidstone East line is by far the least well used. The Medway Valley line from Maidstone West to Paddock Wood is also sparsely utilised and requires heavy investment.

6.43. Although there are no plans to close stations or lines at the present time, events may bring about

a change in that attitude before 2006. The Borough Council would strongly oppose any such closures in the event that proposals came forward. PPG13 advises that local planning authorities should ensure that disused transport routes, such as railways, are not unnecessarily severed by new buildings and non-transport land uses, especially where there is a reasonable chance that such routes may be put to use in the future. In this light it seems sensible to safeguard the existing lines and stations against development that could prejudice their re-opening in the event that they should close.

POLICY T7 WHERE PROPOSALS ARE MADE FOR THE CLOSURE OF A PASSENGER

RAILWAY STATION, THE BOROUGH COUNCIL WILL NOT PERMIT THE DEVELOPMENT

OF THE SITE (INCLUDING BUILDINGS, TRACK-BEDS, PLATFORMS AND ASSOCIATED

PARKING AND SERVICING FACILITIES) AND ANY ADJACENT OR NEARBY RAILWAY

LAND OR BUILDINGS THAT MIGHT POTENTIALLY PROVIDE PASSENGER FACILITIES

(INCLUDING PARKING), FOR A USE THAT COULD PRECLUDE THE RE-OPENING OF THE

SITE AS A PASSENGER RAILWAY STATION.

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IN THE EVENT OF A PERMANENT CESSATION OF PASSENGER RAIL SERVICES ON ANY

OF THE ROUTES THROUGH THE BOROUGH, THE BOROUGH COUNCIL WILL NOT

PERMIT ANY DEVELOPMENT WHICH WOULD PREJUDICE THE RESTORATION OF

PASSENGER LIGHT OR HEAVY RAIL SERVICES, OR ALTERNATIVE USES SUCH AS

CYCLE WAYS, PATHS OR GUIDED BUS WAYS.

Provision for Cyclists 6.44. The Borough and County Councils, as local planning and highway authorities, are developing

networks of strategic and local cycle routes. The opportunity to develop local routes will be pursued both through the future highways programme and as part of the development control process. The Borough Council, as part of the latter activity, will secure the provision of cycle parking facilities at public transport interchange points, such as railway stations, and at all buildings open to the general public, especially leisure, educational and institutional buildings and those within Maidstone town centre.

6.45. The level of cycling in the UK is significantly lower than that in a number of neighbouring countries

which have taken steps to make cycle use attractive as a day to day means of travel. PPG13 advises that Local Plans should include policies that encourage the implementation of specific measures to encourage people to use bicycles. A number of routes have been and are being developed along which measures will be promoted to make cycling safer and more attractive.

6.46. Such measures may include separation of cycling from other road traffic, facilities to cross roads

carrying a heavy traffic flow, restrictions on parking and speed control facilities to slow motorists where separation is impossible. There are potential conflicts between speeding cyclists and pedestrian safety on shared surfaces. Such shared pedestrian/cycle routes will need to be carefully considered in terms of adequate footpath width to accommodate easily both sets of users. Implementation of the strategic network identified in the Maidstone UTS has already begun. The aim has been, and will be, to develop an effective network of cycle routes.

6.47. These cycle routes include provision for dual use of the Medway tow path from Fant to the town

centre, and for a cycle path through Mote Park along the route of the Len Valley Linear Park. The cycle routes have been designed to provide alternative, safer routes that parallel the main arterial roads, serving major population centres and passing close to major public and educational institutions.

6.48. Consideration of the provision of cycle routes and cycle priority measures will be required in new

development. As with pedestrian routes, care needs to be taken to ensure that cycle routes are not isolated from all other activity.

6.49. The two Authorities will encourage the provision of secure cycle parking at public transport

interchanges, including railway stations and park-and-ride facilities, to increase the opportunities to use cycles in combination with public transport and car sharing. Provision of secure cycle parking facilities will be sought in all major developments, the town centre, district and local centres, and at educational institutions.

POLICY T8 ALL MAJOR DEVELOPMENT PROPOSALS SHALL MAKE PROVISION FOR

CYCLING FACILITIES WITHIN THE DEVELOPMENT AREA. SUCH FACILITIES MAY

INCLUDE, WHERE APPROPRIATE, PRIORITY MEASURES WITHIN FOOTWAYS AND

ROADWAYS AND NEW OR IMPROVED SEGREGATED CYCLEWAYS WHICH RELATE TO

USERS’ PREFERRED ROUTES OR WHICH ENABLE EXISTING ROUTES TO BE

SHORTENED OR MADE MORE SECURE AND ACCESSIBLE. CYCLE PARKING PROVISION

WILL BE REQUIRED WITHIN OR NEAR BUILDINGS OPEN TO THE GENERAL PUBLIC.

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Provision for Pedestrians 6.50. A large proportion of the journeys people make is already made on foot, and a high proportion of

all journeys made by all means of travel is very short. Better conditions for pedestrians, linked to locational policies which promote local activity (such as local centres, policy R10, and local convenience shops, post offices and pharmacies - policy R11), could lead to a significant change in travel choices, as PPG13 recognises. Attractive and safe routes to Public Transport Access Points can aid in the take-up and use of public transport.

6.51. The impact of proposed developments on pedestrian movement will be carefully considered.

New or enhanced pedestrian routes should closely follow pedestrians' preferred routes (or „desire lines‟) whilst allowing them to cross busy roads easily and safely. Pedestrian routes should generally not be segregated from the roadway or other activity; isolated routes are not generally attractive and can encourage crime. The Borough Council has produced guidance on this issue in its "Planning Out Crime" booklet.

POLICY T9 ALL DEVELOPMENT PROPOSALS SHALL PROVIDE ATTRACTIVE, DIRECT

AND SAFE PEDESTRIAN ACCESS AND SHOULD, IN THESE RESPECTS, IMPROVE

EXISTING PEDESTRIAN ROUTES WHICH ARE AFFECTED BY SUCH PROPOSALS. ALL

NEW AND IMPROVED ROUTES SHOULD FOLLOW DESIRE LINES, ESPECIALLY IN AREAS

DEFICIENT IN PEDESTRIAN PROVISION, AND SHOULD BE CHOSEN TO ALLOW FOR

SECURE AND CONVENIENT MOVEMENT ON FOOT AND, WHEREVER PRACTICABLE, BE

EASILY ACCESSIBLE BY PERSONS WITH DISABILITIES. 6.52. The Borough Council and the Highway Authority have actively pursued the pedestrianisation of

key town centre streets in order to improve pedestrian safety, reduce pollution, create an improved and more welcoming environment for pedestrians and enhance the level of pedestrian access. The key shopping areas and many of the neighbouring streets have now been so treated. Further environmental improvements will be carried out on a rolling programme.

6.53. The only remaining town centre street which is scheduled for further new pedestrianisation works

is Earl Street, where the section between Rose Yard and Pudding Lane will be implemented in parallel with the opening of the Fremlin Centre (see policy R4 in the Retailing Chapter) to improve the shopping environment of, and the access to, the new malls.

POLICY T10 AFTER CONSULTATION, EARL STREET (BETWEEN ROSE YARD AND

PUDDING LANE), AS IDENTIFIED ON THE PROPOSALS MAP, WILL BE GIVEN

PEDESTRIAN PRIORITY HAVING DUE REGARD TO THE NEEDS OF THE PUBLIC,

FREEHOLDERS, TENANTS AND OTHERS IN RESPECT OF ACCESS AND SERVICING. THE

NEEDS OF PEOPLE WITH DISABILITIES WILL BE TAKEN INTO ACCOUNT (SEE ALSO

POLICY T24).

Traffic Calming in New Development 6.54. Traffic management measures should help to establish clear priorities for access by different

means of travel to complement locational policies. Traffic management measures will also be important to avoid congestion pressures which arise in central Maidstone (from locational policies) or to protect communities from traffic travelling at inappropriate speeds or creating disturbance.

6.55. In determining policies to reduce the need to travel, the Borough Council and the Highway

Authority have taken account of the local impacts or demands of locational policies on transport infrastructure, and will use complementary policies where possible to counter those pressures. These pressures could include extra demand for road travel in urban areas, which would need to be addressed through traffic management and parking policies.

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6.56. Traffic management can be a useful tool in encouraging greater walking and cycling, improving the quality of local neighbourhoods, and making the streets safer for children and adults. Measures to enhance the street environment and improve road safety will be considered for sensitive locations in both urban and rural areas such as residential suburbs, shopping streets and near schools. Good traffic management can reduce community severance. It can also improve the local environment through the use of trees or other features as part of the scheme. Physical features such as road humps, chicanes and narrowing can help to keep vehicle speeds down and improve driver behaviour, although regard will be given to the need to provide continued easy access for public transport and emergency vehicles.

6.57. Traffic management measures have already been implemented in a number of areas, such as the

town centre, Shepway, Ringlestone and parts of Fant. Consideration has been given to those parts of the urban area requiring traffic management measures as part of the Maidstone UTS and a prioritisation list has been generated. Consultation with local residents and businesses will be undertaken at the design stage.

6.58. Traffic management measures, including traffic calming, will be sought in appropriate urban and

rural development areas by the Borough and County Councils in order to control vehicle speeds, increase pedestrian and cyclist safety and mobility, reduce the optional use of private cars and generally to enhance the living and working environment. Priority will be given to residential and environmentally sensitive areas and such measures will be directed to the encouragement of walking, cycling and the use of public transport. Such measures will be introduced widely and progressively by the local Highway Authority as opportunity permits; but they will also be sought, as and when development takes place, by means of the development control process.

POLICY T11 NEW DEVELOPMENT WILL NOT BE PERMITTED UNLESS ITS INTERNAL

ROAD LAYOUT IS APPROPRIATE TO ITS FUNCTION AND TO THE LOCALITY AND,

WHERE APPROPRIATE, INCORPORATES MEASURES TO CONTROL VEHICLE SPEED AND

TO SECURE SAFE PEDESTRIAN MOVEMENT AND A PLEASANT AND QUIET RESIDENTIAL

ENVIRONMENT.

Traffic Regulation Orders 6.59. Movements of heavy freight vehicles are generally inappropriate to residential and central urban

areas, villages and minor roads (except for agricultural movements on and off farms), though provision should be made for access for deliveries, particularly in central commercial areas.

6.60. PPG13 advises that development which attracts significant movements of freight (such as large

scale warehousing/distribution depots and some forms of manufacturing) should be located away from congested central areas and residential areas, but with direct access to the local rather than the trunk network. It goes onto advise that local authorities should establish the routes most suitable for use by road freight and should encourage the location (or relocation) of distribution and operating centres and other developments with frequent freight movements in relation to those routes. Local Highway Authorities have powers under the Road Traffic Regulation Act 1984 to make traffic regulation orders to prevent the use of certain roads by unsuitable types of traffic.

6.61. The Borough and County Councils continue to seek the exclusion of heavy goods vehicles from residential areas, town and district centres, villages and minor roads. Exceptions may be made for agricultural movements to and from farms and for necessary access to premises for deliveries and loading and unloading. A network of lorry routes is being identified, based on the most suitable existing roads as regards their widths, gradients, curvature and the prevalence of on-street parking and frontage properties. Wide consultation will be carried out so that the effects of the necessary traffic regulation orders are carefully examined in advance.

6.62. Advisory routes from the principal road network will be clearly signed and their improvement

pursued through the highways programme. Traffic regulation orders, and where necessary traffic management measures including traffic calming, will be made to restrict heavy goods vehicle

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movement, especially where such movement is causing noise nuisance or vibration or other demonstrable damage to the environment. Such orders may be required to be in place before development takes place in cases where it might generate significant heavy traffic, especially where historic or sensitive areas would be subject to resultant noise nuisance or vibration damage.

POLICY T12 THE BOROUGH COUNCIL, IN LIAISON WITH THE HIGHWAY AUTHORITY,

WILL SEEK TO EXCLUDE LORRIES FROM RESIDENTIAL AREAS, THE TOWN CENTRE,

VILLAGES AND MINOR ROADS EXCEPT FOR AGRICULTURAL MOVEMENTS ON AND OFF

FARMS AND NECESSARY ACCESS FOR DELIVERIES.

THE BOROUGH COUNCIL WILL SEEK THE INSTIGATION OF TRAFFIC REGULATION

ORDERS OR OTHER TRAFFIC MANAGEMENT IN APPROPRIATE CASES WHERE A

DEVELOPMENT MAY GIVE RISE TO HEAVY GOODS VEHICLE MOVEMENTS, ESPECIALLY

WHERE SUCH MOVEMENT WILL CAUSE DANGER, NOISE NUISANCE, VIBRATION OR

OTHER DEMONSTRABLE DAMAGE TO THE ENVIRONMENT.

Parking Standards 6.63. PPG13 acknowledges that the availability of car parking has a major influence on the choice of

means of transport. Some studies suggest that levels of parking provision can be more significant than levels of public transport provision in determining means of travel, even for locations very well served by public transport. Car parking also takes up a large amount of space in development and reduces densities. The Borough Council will aim to ensure that its car parking policies will support the overall locational policies in this Plan.

6.64. PPG13 stresses that strategic policies on parking should be included in the Structure Plan to

avoid the destructive potential for competitive provision of parking by neighbouring authorities. Standards in Local Plans should be set as a range of maximum and operational minimum amounts of parking for broad classes of development and location. It is, for example, unlikely to be appropriate in future for development to be provided with as many car parking spaces as there are employees.

6.65. The Borough Council presently uses the Highway Authority's 1993 Vehicle Parking Standards, but

these do not fully subsume the advice in PPG13. The Highway Authority is currently undertaking a review of these standards, following considerable encouragement to do so over the last few years by the District Councils in Kent. In February 1999, as an interim measure, the existing Vehicle Parking Standards were reproduced by the Highway Authority as maximum guidance, rather than minimum standards, with no amendment to the actual numerical requirements. The Borough Council has adopted this approach in its application of the 1993 Vehicle Parking Standards, which have been adopted as Supplementary Planning Guidance. When the results of further research by the Highway Authority on the implications of lower standards are published, the Borough Council will re-evaluate its position on the standards.

6.66. A certain level of off-street parking provision may be necessary for a development to proceed

without causing traffic problems, but in order to realise the potential of locational policies and to avoid disadvantaging urban areas through added congestion or because of their poorer level of car access, the Highway Authority and Borough Council will seek to:

(i) adopt reduced requirements for parking for locations which have good access to means of

travel other than the private car;

(ii) be flexible in the requirements for off-street residential parking spaces, and reduce or waive them where necessary, in order to ensure the successful restoration/refurbishment and re-use of a Listed Building, or to bring into residential use units above retail premises (as proposed in policy R19);

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(iii) ensure parking requirements in general are kept to the operational minimum;

(iv) not require developers to provide more spaces than they themselves wish unless there are significant road safety or traffic management implications; and

(v) ensure that parking provision at peripheral office, retail and similar developments is not set

at high levels which would have the effect of significantly disadvantaging more central areas.

6.67. Commuted payments in lieu of on-site provision will be sought by planning obligation where

appropriate. These payments will be used to assist the provision of appropriate transport choices. Such uses may include improved publicly available parking facilities, park-and-ride facilities, assisting the provision of bus, rail, cycling, taxi or pedestrian infrastructure.

POLICY T13 THE BOROUGH COUNCIL WILL ADOPT PARKING STANDARDS FOR ALL

NEW DEVELOPMENT, GENERALLY TO ENSURE MINIMUM PROVISION. ALL PROPOSED

DEVELOPMENT SHOULD COMPLY WITH THESE STANDARDS. IN THE TOWN CENTRE

(AS DEFINED ON THE TOWN CENTRE INSET PROPOSALS MAP) ONLY OPERATIONAL

PARKING PROVISION WILL BE PERMITTED WITHIN SITES WHICH DO NOT HAVE DIRECT

ACCESS TO THE TOWN CENTRE PERIPHERAL ROADS. THESE ROADS ARE DEFINED ON

THE TOWN CENTRE INSET PROPOSALS MAP. OPERATIONAL PARKING WILL BE SET AT

A MAXIMUM OF ONE THIRD OF FULL PROVISION.

THE BOROUGH COUNCIL MAY RELAX THESE PARKING STANDARDS IN ORDER TO:

(1) ASSIST THE RE-USE OF A BUILDING OF ARCHTECTURAL OR HISTORIC INTEREST;

OR

(2) ALLOW DEVELOPMENT WHICH WOULD PRESERVE OR ENHANCE THE

CHARACTER OR APPEARANCE OF A CONSERVATION AREA; OR

(3) ASSIST THE USE OF AN UPPER FLOOR IN THE DESIGNATED RETAIL CENTRES.

Car Parking Strategy for Urban Maidstone 6.68. The Borough Council has evolved a sustainable car parking strategy for urban Maidstone. This

recognises that the town centre is the principal „draw‟ for both shoppers and commuters/workers alike. In recognition of the importance of the town centre as a regional scale comparison centre and of the need to be able to compete as closely as possible with out of town centres such as Lakeside and Bluewater, particular priority will be given to short-stay parking for shoppers. Provision for town centre workers who need access to their car during the working day should be made in publicly available spaces on the edge of the town centre, whilst workers who do not need access to their car should be encouraged to use alternatives to the car, including park-and-ride.

6.69. Proposals which would involve the loss of publicly available off-street spaces consistent with this

strategy will not normally be permitted unless replacement provision can be made to the Borough Council's satisfaction. New car parks will be permitted in the Maidstone urban area that are consistent with the strategy, and an appropriate management regime should be demonstrated to make clear such consistency.

6.70. Publicly available off-street car parks provide up to 3,800 spaces during the week and 4,300 on

Saturdays. The majority of these spaces are provided by the Borough Council in its public car parks, although the Chequers Centre also provides a considerable number of spaces. The Borough Council is upgrading its car parks, most of which are surface car parks, by the installation of CCTV for security.

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6.71. The Borough Council will implement its parking strategy, at least in part, by the use of a pricing regime in its own public car parks. This is structured to deter long-stay users from occupying short-stay spaces. Long-stay visitors are not intended to be accommodated in these car parks since they occupy spaces which could otherwise be consecutively occupied by several town centre customers throughout the day. A similar pricing regime and policy applies to the severely restricted number of on-street metered bays in the town centre.

6.72. Long-stay car parking for those using the town centre who need access to their car during the day

will be provided around the edge of the town centre in publicly available spaces. Long-stay car parking for those who do not need such access will be provided at edge of town park-and-ride sites. Provision for short-stay car parking will be made in publicly available spaces close to the shopping areas within the town centre, district and local centres.

POLICY T14 THE BOROUGH COUNCIL WILL NOT PERMIT PROPOSALS WHICH INVOLVE

THE LOSS OF PUBLICLY AVAILABLE OFF-STREET PARKING WHICH IS CONSISTENT

WITH THE CAR PARKING STRATEGY UNLESS PROVISION IS MADE FOR THE

REPLACEMENT OF AN EQUIVALENT NUMBER OF CAR PARKING SPACES TO THE

SATISFACTION OF THE BOROUGH COUNCIL.

CAR PARKING FACILITIES, WHICH ARE UNRELATED TO THE NEEDS GENERATED BY

SPECIFIC DEVELOPMENT PROPOSALS, WILL BE PERMITTED IN THE MAIDSTONE

URBAN AREA, AS DEFINED ON THE PROPOSALS MAP, PROVIDED THAT THE COUNCIL

IS SATISFIED THAT THE PROPOSALS ARE CONSISTENT WITH THIS PARKING

STRATEGY. THE DEVELOPER SHOULD DEMONSTRATE AN APPROPRIATE

MANAGEMENT REGIME IN RELATION TO THE LOCATION OF THE PROPOSAL.

THE MEDWAY STREET MULTI-STOREY CAR PARK HAS BEEN DEMOLISHED AND WILL

BE REDEVELOPED TO PROVIDE A REPLACEMENT SHORT-STAY CAR PARK, POSSIBLY

INCLUDING COACH PARKING FACILITIES.

Non-Residential Parking in the Town Centre 6.73. A considerable amount of parking in Maidstone town centre, more than 26%, is provided in

spaces attached to privately owned premises, much of it inconsistent with the parking strategy. For the bulk of the period since the war it has been the policy of both the Highway Authority and the Borough Council to ensure that when new office buildings are erected, generous car parking provision is also provided within the site, (more recently it has been acceptable for a proportion of the parking to be provided by commuted payments). This has resulted in large numbers of commuters entering the town centre to take up these car parking opportunities. Government policy is now firmly set against such an approach. It is, therefore, appropriate to examine whether or not it is possible to reduce the quantity of existing private car parking spaces in the town centre, as PPG13 encourages.

6.74. Direct action to do so is not available, but two courses are open. The first of these is to influence

the policies of employers who operate such spaces. To this end, educational campaigns have been conducted as part of the MIST project, and may well become a feature of Borough Council and Highway Authority strategies. The second course open to the Borough Council is to indicate its willingness to consider alternative forms of development on the site of private non-residential parking (PNR), subject to such proposals being consistent with other policies of this Plan. A range of uses, especially those which will add to the vitality and viability of the town centre, may be appropriate. Residential use is likely to be one which will be particularly welcomed.

POLICY T15 THE BOROUGH COUNCIL WILL PERMIT DEVELOPMENT WHICH WILL LEAD

TO THE CESSATION OF USE OF PRIVATE NON-RESIDENTIAL CAR PARKS IN OR CLOSE

TO THE TOWN CENTRE AND ITS ASSOCIATED ECONOMIC DEVELOPMENT AREAS.

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6.75. Future town centre development will be covered by the standards in policy T13. PPG13 advises that parking requirements in general should be kept to the operational minimum, and PPG6 advises that in town centres such parking should be provided communally in public car parks. This is achieved by policy T13. Commuted sums will usually be sought and used, again as advised by PPG13, to assist the provision of transport choices.

Residents' Preference Parking 6.76. Historically a considerable quantity of parking related to the town centre has taken place in the

residential areas and streets surrounding it. This undermines the overall parking strategy and encourages car commuters to continue to use their car. It can also create safety, pollution and access problems, particularly for local residents and businesses. To this end, a substantial residents' preference parking scheme has been put in place over a number of years to deter commuters from leaving their cars in these areas.

6.77. Fundamentally this provides that a vehicle may park for up to two hours in a designated street, but

that after that time it may only remain with the benefit of a permit. Permits are provided to residents for their use, and the use of their visitors, free of charge. This system has generally been a great success but some streets are still occupied by visitors making brief visits to the town centre, and so it has been decided to reduce the free parking time in these streets from two hours to one hour.

6.78. The extent of residents' parking controls is under permanent review and some extensions have

recently been approved. In addition a half hour commuter ban into additional areas has been introduced e.g. Vinters Park, which prohibits any parking on-street for more than half an hour during the day. Effectively this prevents commuters leaving their vehicles in these streets.

6.79. Whilst a number of particular problems has arisen, the scheme has in general terms been very

successful. One of the most difficult problems to overcome is the resilience of commuters in „leaping‟ out beyond the furthest limits of the successive residents' preference parking zones in order to continue to have a free parking space despite the lengthy walk from their car to the town centre that this now entails. Practical experience suggests that only a substantial walk or a marked change in terrain will deter the determined car commuter from parking free on-street.

POLICY T16 IN RESIDENTIAL STREETS THE BOROUGH COUNCIL WILL GIVE PRIORITY

IN ON-STREET PARKING TO LOCAL RESIDENTS OVER NON-RESIDENTS.

Park-and-Ride 6.80. The Borough Council operated the first park-and-ride sites in Kent, and is still a leading provider

of such services. It operates four sites on radial routes six days a week and a fifth site is operated on Saturdays only. Whilst most such services are provided by bus, in the weeks running up to Christmas the Council operates an innovative park-and-sail service from Allington to the town centre along the River Medway.

6.81. Park-and-ride is designed to encourage the use of public transport by commuters who do not

need access to their cars during the working day, by persuading them to break their journey at an edge-of-town car park and transfer to bus for the final leg of their journey. This has the benefit of reducing urban congestion and releasing town centre car parking spaces for shoppers and short-stay visitors. Such operations usually require a good quality, frequent and reliable bus connection, secure cheap parking and good promotion. Park-and-ride has proved very popular on certain corridors in Maidstone, and the Borough Council considers that there is considerable untapped potential on the radial routes to the north of the town.

6.82. To the south of the town centre park-and-ride facilities are located at Armstrong Road, although

this location is not ideal. Provision for a new park-and-ride facility to accommodate 250 vehicles

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is made at Langley Park Farm West off the A274 Sutton Road, as part of a mixed use development scheme incorporating new housing, employment and other facilities (see policies H1(xiii), H8 and ED1(iv)). Additional land is reserved for the facility to be extended to accommodate a further 150 cars. The park-and-ride site will be designed in such a way to allow for future dual use as a terminus for the Medway Metro Light Rail System.

6.83. The impact of bus park-and-ride can be enhanced if accompanied by public transport priority

measures, as has been demonstrated by the MIST project on the A20 corridor serving the London Road site. Priority at signal controlled junctions and an extensive length of bus lane has led to the site having to be extended twice in order to cope with demand from the public for the available spaces.

POLICY T17 THE FOLLOWING SITES, AS DEFINED ON THE PROPOSALS MAP, ARE

ALLOCATED FOR NEW BUS PARK-AND-RIDE SITES:

(i) FORSTAL ROAD (TO SERVE THE NORTHERN A229 CORRIDOR);

(ii) OLD SITTINGBOURNE ROAD (TO SERVE THE A249 CORRIDOR); AND

(iii) LANGLEY PARK FARM WEST, LANGLEY/BOUGHTON MONCHELSEA;

SUBJECT TO:

(1) SATISFACTORY ACCESS, LAY-OUT, DESIGN, SCREENING AND LANDSCAPING;

AND

(2) THERE BEING NO ADVERSE IMPACT ON ADJACENT RESIDENTIAL AMENITY, THE

COUNTRYSIDE OR THE SETTING OF THE AREA OF OUTSTANDING NATURAL

BEAUTY;

AND CONSIDERATION BEING GIVEN TO:

(3) THE IMPLEMENTATION OF THE COMPLEMENTARY PUBLIC TRANSPORT

PREFERENCE MEASURES IDENTIFIED IN POLICY T2.

DEVELOPMENT WHICH WOULD PREJUDICE THE IMPLEMENTATION OF THESE

PROPOSALS WILL NOT BE PERMITTED.

Coach Parking 6.84. With Maidstone having become the second most popular destination in Kent for tourists from

northern Europe, and increasing numbers of coach tours visiting the town centre, there is a need to make proper provision for coaches and their drivers during their lay-over period. The Borough Council is keen to identify an appropriate site for coach lay-over parking (as opposed to dropping-off or picking-up facilities) in, or close to, the town centre subject to appropriate environmental safeguards. Until recently this facility was provided at the Lockmeadow market, but redevelopment has claimed this site. As an interim solution part of the Council's Sittingbourne Road car park is being used whilst a more permanent site is found.

6.85. A site will be identified for day time coach lay-over parking in or close to the town centre, subject

to appropriate environmental safeguards. Set-down and pick-up points for coaches will be provided adjacent to the carriage museum, at Pudding Lane, King Street and at East Station (in conjunction with the proposed transport interchange).

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Highways Construction, Widening and Junction Improvements 6.86. Survey work and land use projections have demonstrated an increasing demand for travel, and

over 90% of this demand is for travel within and to the Maidstone Urban Area. Some 25% of this demand is for travel to the town centre. The Urban Transportation Strategy (UTS) for Maidstone seeks to limit the demand for car travel (by the management and the promotion of other modes of travel, especially the bus) in the short term but will not seek to curtail it.

6.87. In order to make best use of the existing highway network and reduce congestion for the benefit

of public transport and car access to short-stay parking in the town centre, it is considered important to seek an urban highway network in Maidstone with balanced capacity throughout. This balanced approach will maximise benefits from the currently installed Urban Traffic Control system, and have road safety and pollution benefits. It will also ensure that „exit blocking‟ from the town does not continue to be a problem. The new A229 Spine Road has already been very beneficial in this respect.

6.88. In 1997 the Highway Authority conducted a far-reaching review of the road building programme in

the light of the changes in Central Government policy caused by PPG13 and the financial constraints under which the County Council has to operate. A large number of schemes in the Borough which it was considered were no longer appropriate or it was unlikely would ever be built, were abandoned. These include: the Maidstone Town Centre Environmental Improvement Road Scheme (MTCEIRS); the Medway Towns Southern Peripheral Road (MTSPR); Staplehurst by-pass; the Northern River Crossing and a number of junction improvements and road widening schemes.

6.89. The County Council is now considering how best to respond to the situation left by the

abandonment of these schemes. In certain cases, partnership schemes are being promoted to provide replacement schemes for abandoned roads proposals. These ensure the provision of the road scheme without any cost to the County Council as Highway Authority. This is what is being proposed in the case of the MTCEIRS and MTSPR replacements, which are described below. Traffic management measures are likely to be the alternative in most other circumstances.

6.90. The highway accessibility policy for the town has been considered on a sector by sector basis

considering such issues as bus preference, cycle routes, car restraint, the need for road improvements, etc. Different approaches are, however, necessary in each sector. This analysis may be found in the Maidstone UTS.

6.91. Access from the northern sector has already been greatly improved by the completion of the A229

Spine Road from the M20 (Junction 6) to the town centre and the north-east sector has benefited from the Andrew Broughton Way gyratory and Wat Tyler Way viaduct. Bus priority measures will be implemented, wherever practicable, on the other approach routes to the town centre.

6.92. The All Saints Link Road (formerly the All Saints By-pass) is intended to provide a more

environmentally sensitive and more easily achievable highway and traffic management scheme than the Highway Authority's now abandoned MTCEIRS, formerly the Southern Approach Road. A design for the new Link Road is currently being developed. A new scheme will achieve substantial environmental benefits by means of the removal of vehicle traffic from the precincts of the Archbishops‟ Palace. It will allow the introduction of further traffic management schemes in and around the town centre. The proposals, when developed in detail, will have the benefit of enabling the revitalisation of the residential area south of the town centre. This will derive from the abandonment of the large gyratory traffic system which was the key feature of the MTCEIRS.

6.93. A new scheme will take into account the extent to which local pedestrian and cycle traffic and

public transport might benefit from improved accessibility, protected movement and other priority measures. Provision will accordingly be made for shorter term bus priority measures and longer term Light Rapid Transport (LRT) (Medway Metro) route extension from The Cannon southwards to Parkwood as a result of various corridor improvements envisaged by Policy T2. There will also be a priority requirement for complementary works and traffic management arrangements urgently to alleviate the adverse living conditions, of long standing, experienced by residents in

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Sheals Crescent and Hayle Road. A number of possible options are under consideration by the Borough Council and the County Council and will be the subject of further consultations, as to detailed design and programming, in due course.

6.94. The Borough Council and the Highway Authority are jointly investigating the possibility of widening

Upper Stone Street. The County Council has proposed the installation of a northbound contra-flow bus and heavy goods vehicle lane. The Borough Council, however, aspires to the accommodation of all northbound traffic via Upper Stone Street which would have the benefit of securing the abandonment of the one-way traffic management scheme south of the town centre. The programming of any scheme, particularly in relation to the implementation of the All Saints Link Road proposal, will be determined through the continuing investigations and resultant consultations by the Borough Council and County Council.

6.95. The Borough Council will implement the All Saints Link Road scheme, with Highway Authority

approval, by seeking to exploit external financial resources. It is the Borough Council's view that the scheme should be included in the Preparation Pool of Strategic Partnership Schemes in the Highway Authority's Transport Capital Programme.

6.96. Outside urban Maidstone the widening of the M2 between Junctions 2 and 4, including junction

improvements has commenced. This scheme is needed to cope with the volume of both through and local traffic using the motorway.

6.97. Between Lordswood/Walderslade in the west and Hempstead in the east, largely paralleling the

M2 widening, is the previously proposed route of the Medway Towns Southern Peripheral Road (MTSPR). This passes through the administrative areas of Maidstone (where Kent County Council is the Highway Authority) and the Unitary Medway Council. The scheme was abandoned by KCC in 1997, although it, the Medway Council and Maidstone Borough Council agree that the scale of traffic on the inadequate local roads and rural lanes in this area is harmful to residential and countryside amenity.

6.98. Any works proposed to address these issues will need to be of a scale and nature such that they

do not encourage additional trips by the private car, but manage existing movements in a more sensitive, safe and sustainable manner. Particular aims will be to alleviate the problems caused by the demand for, and the circuitous nature of access to, the M2 (particularly at Junction 4), and to improve access by public transport and means other than the private car for the Lordswood/Walderslade area to Hempstead Valley Shopping Centre. Any scheme will be promoted by the Medway Council but would lie within the Preparation Pool of Partnership Schemes of Kent County Council as the Highway Authority in Maidstone.

6.99. The only remaining village by-pass scheme in the Borough, following the Highway Authority‟s

1997 review of the Transport Capital Programme, is for the environmentally sensitive B2163 route through Leeds and Langley Heath, the achievement of which the Borough Council rates as a high priority. The latest alignment was adopted in March 1997 and is for a single carriageway scheme that involves less land-take and stays closer to the village boundaries than previous schemes.

6.100. The Staplehurst by-pass proposal, as noted above, has now been abandoned. Traffic

management measures to reduce traffic speeds through the village have been drawn up by the Highway Authority but funding has not yet been secured to implement them.

POLICY T18 IT IS EXPECTED THAT THE FOLLOWING PROPOSALS OF THE HIGHWAY

AUTHORITY, AS DEFINED ON THE PROPOSALS MAP, WILL BE IMPLEMENTED WITHIN

THE PLAN PERIOD.

(i) A274 – WILLINGTON STREET JUNCTION IMPROVEMENT;

(ii) A274 – WALLIS AVENUE (WEST) JUNCTION IMPROVEMENT;

(iii) B2163 – LEEDS & LANGLEY HEATH BYPASS (OFF-LINE);

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THE FOLLOWING HIGHWAYS IMPROVEMENT AND ASSOCIATED MEASURES OF TRAFFIC

MANAGEMENT, AS PROPOSED BY THE BOROUGH COUNCIL, WILL BE IMPLEMENTED,

SUBJECT TO FURTHER DETAILED STUDY AND CONSULTATIONS, WITHIN THE AREA

DEFINED ON THE INSET PROPOSALS MAP.

(iv) A229 – ALL SAINTS LINK ROAD (OFF-LINE).

IN ALL CASES, DEVELOPMENT WHICH WOULD PREJUDICE THE IMPLEMENTATION OF

THESE SCHEMES WILL NOT BE PERMITTED. IT IS EXPECTED THAT THE DETR WILL

IMPLEMENT THE ON-LINE WIDENING OF THE M2 MOTORWAY BETWEEN JUNCTIONS 2 &

4 AND IMPROVEMENTS TO JUNCTIONS 2,3 & 4, AS DEFINED ON THE PROPOSALS MAP,

WITHIN THE PLAN PERIOD.

Boat Yards 6.101. The Borough Council supports the continued development of the Medway for tourism-orientated

navigation following its cessation of use for freight movements in the 1960s. This is dealt with in the Economic Development Chapter under paragraph 5.131. Following the guidance in PPG13 to have regard to the value of retaining boat yards used in connection with water-based recreation, the Council proposes to resist the loss of such boat yards because of the contribution that they make to the tourism industry.

POLICY T19 THE BOROUGH COUNCIL WILL NOT PERMIT THE REDEVELOPMENT TO

OTHER USES OF BOAT YARDS USED, OR WITH THE POTENTIAL TO BE USED, IN

CONNECTION WITH WATER-BASED RECREATION.

Headcorn Airfield 6.102. Situated to the south east of Headcorn village is a grass airfield used quite extensively for

recreational and other flying. A parachute club is based at the airfield and flying events are held. Whilst the activity holidays and events that the airfield provides represent a tourism asset for the Borough, it does generate environmental disbenefits for local people, especially arising from noise during those periods when flying activity is greatest. The Council is concerned to ensure that aviation is subject to acceptable limits and will monitor the situation and take such action as may be necessary to achieve this.

POLICY T20 IN CONSIDERING PLANNING APPLICATIONS FOR FURTHER DEVELOPMENT

FOR, OR CONNECTED WITH, GENERAL AVIATION AT HEADCORN AIRFIELD, THE

BOROUGH COUNCIL WILL PAY SPECIAL ATTENTION TO ITS SUITABILITY FOR THE

PROPOSALS AND ENSURE THAT THERE IS NO INCREASE IN ADVERSE IMPACTS ON THE

SURROUNDING RESIDENTIAL AREAS AND PROPERTY.

Development Control Considerations 6.103. This Local Plan cannot provide, by means of allocating land parcels, for all the development

needs that will arise over the lifetime of the Plan. Inevitably development occurs, particularly small and „windfall‟ housing sites, that could not be predicted in advance. For that reason, it is appropriate to have a policy that specifically addresses the issue of directing such unallocated development to sustainable locations.

6.104. The whole thrust of the stream of new and revised Central Government guidance since the 1990

White Paper "This Common Inheritance" has been sustainable development. PPG13 most succinctly promotes this when it states that:

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„Development Plans should aim to reduce the need to travel, especially by car, by influencing the location of different types of development relative to transport provision (and vice versa) and fostering forms of development which encourage walking, cycling and public transport use‟.

6.105. The PPG goes onto state that development which attracts significant movements of freight (such

as large scale warehousing/distribution depots and some forms of manufacturing) should be located away from residential and congested central urban areas, but with direct access to the local rather than the trunk network. It also suggests that such forms of development should be encouraged to carry freight by rail or water, and so should be served (or have the potential to be served) by wharves or railway sidings. For employment uses generally it suggests that they should be located in urban areas in locations already well served (or with the clear potential to be well served) by public transport, and easily reached from local housing by cycling or walking.

6.106. In considering appropriate locations for office, retail, leisure, tourism, recreational, educational

and other public facilities, the PPG advises that they should be directed to central locations or locations close to their clients (depending on the nature of the use) and locations well served (or with the potential to be well served) by public transport and easily reached from local housing by cycling or on foot. Housing should be concentrated into urban areas where it is, or can be, easily accessible to facilities (such as local shops, schools, workplaces, places of worship, entertainment, etc) and to a range of transport provision. Higher density residential development should be concentrated, according to PPG13, near public transport centres, or alongside corridors well served by public transport (or with the potential to be well served) and close to local facilities.

6.107. In order to generate enough custom to justify a bus operator serving a road which is not, before

development, served by a bus service a development would have to be of a significant scale. It is considered unlikely that any such scheme will come forward in the Plan period which has not already been provided for by an allocation in this Plan.

6.108. In order to provide a greater degree of certainty to developers and to assist the Borough Council

in its assessment of proposals, the Council, in liaison with the principal bus operators, has established „accessibility profiles‟ to all bus stops (and railway stations) in the Maidstone urban area, as advised by PPG13. These profiles reflect the catchment area served and the service frequency.

POLICY T21 IN ORDER TO ENSURE THAT NEW DEVELOPMENT PROPOSED OUTSIDE

THE APPROPRIATE DESIGNATED OR ALLOCATED AREAS, AS DEFINED ON THE

PROPOSALS MAP, IS WELL RELATED TO THE EXISTING TRANSPORT NETWORK AND

HAS OPPORTUNITIES TO AFFORD TRANSPORT CHOICES:

(1) DEVELOPMENT FALLING WITHIN USE CLASSES B1, B2 OR B8 WHICH IS LIKELY

TO GENERATE SIGNIFICANT TRAFFIC, ESPECIALLY HEAVY GOODS VEHICLES,

WILL BE PERMITTED ONLY WHERE IT IS ADJACENT TO RAILWAY LINES OR WELL

RELATED TO THE PRIMARY OR SECONDARY ROAD NETWORKS AND HAS GOOD

ACCESS TO EXISTING PUBLIC TRANSPORT ACCESS POINTS, MAKES PROVISION

FOR EASE OF ACCESS BY CYCLISTS AND IS WELL RELATED TO EXISTING

DEVELOPMENT WHICH CAN BE REACHED ALONG SAFE FOOTPATHS THAT

FOLLOW PEDESTRIANS' PREFERRED ROUTES;

(2) OTHER FORMS OF DEVELOPMENT - ESPECIALLY THOSE WHICH ARE LIKELY TO

GENERATE A HIGH LEVEL OF VISITORS - SHOULD HAVE GOOD ACCESS TO

EXISTING PUBLIC TRANSPORT ACCESS POINTS, MAKE PROVISION FOR EASE OF

ACCESS BY CYCLISTS AND SHOULD BE WELL RELATED TO EXISTING

DEVELOPMENT WHICH CAN BE REACHED ALONG SAFE FOOTPATHS THAT

FOLLOW PEDESTRIANS' PREFERRED ROUTES.

THE ASSESSMENT OF WHETHER DEVELOPMENTS MEET THE CRITERIA OF THIS

POLICY WILL BE DETERMINED BY A TRANSPORT IMPACT STUDY TO BE COMPLETED

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BY THE APPLICANT TO THE SATISFACTION OF THE HIGHWAY AUTHORITY AND THE

BOROUGH COUNCIL. PUBLIC TRANSPORT ACCESS POINTS (PTAP) ARE DEFINED AS

BUS STOPS OR PASSENGER RAIL STATIONS (OR THE EQUIVALENT FOR OTHER FORMS

OF PUBLIC TRANSPORT) WHICH ARE SERVED BY A MINIMUM HOURLY JOURNEY TO AN

EXISTING TOWN CENTRE OR LOCAL CENTRE BETWEEN THE HOURS OF 07.00 - 19.00

MONDAY TO SATURDAY. ‘GOOD ACCESS’ IS DEFINED AS BEING WITHIN 200 METRES

WALKING DISTANCE, AS IT WOULD BE WALKED, OF A PTAP IN THE URBAN AREAS OR

WITHIN 400 METRES OUTSIDE. 6.109. In urban areas, turning movements account for a significant proportion of accidents, whereas on

major routes in rural areas speed becomes the more significant factor. Additional accesses can create further potential hazards both by increasing the number of turning movements on urban roads and by creating additional potential obstructions on the rural road network. It is particularly important that the main highway network of primary and secondary roads should remain free of additional accesses.

POLICY T22 DEVELOPMENT WHICH WOULD REQUIRE THE FORMATION OF A NEW SIDE

ROAD ACCESS (OR THE INCREASED USE OF AN EXISTING ACCESS) ON TO THE

PRIMARY OR SECONDARY NETWORK WILL NOT BE PERMITTED WHERE AN INCREASED

RISK OF ACCIDENTS OR COLLISION OR SIGNIFICANT DELAY TO MAIN ROAD TRAFFIC

MIGHT RESULT. ANY SUCH NEW, IMPROVED OR RELOCATED ACCESS(ES) WILL ONLY

BE PERMITTED IF THEY ARE BOTH IN A LOCATION AND TO A STANDARD ACCEPTABLE

TO THE LOCAL PLANNING AND HIGHWAY AUTHORITIES. 6.110. Access is a vital consideration in determining the acceptability or otherwise of development

proposals. To assist in this process, roads through the Borough have been categorised. The categories are:

(i) primary routes/distributors - roads forming the principal network for the Borough as a

whole. All longer distance traffic to, from and within the Borough should be channelled onto these primary routes/distributors;

(ii) secondary routes/distributors - those carrying traffic from primary routes/distributors to the

residential, industrial and business districts of the Borough, and distributing traffic between these districts;

(iii) local distributor roads - distribute traffic within the residential, industrial and principal

business districts, and environmental areas (ie areas free from extraneous traffic in which considerations of environment predominate over the use of vehicles). These roads form the link between secondary roads and access roads; and

(iv) local access roads - roads giving direct access to buildings and land within the principal

districts and environmental areas of the town. 6.111. All roads not specifically classified on Ordnance Survey maps are regarded as access roads. In

considering development proposals the Borough Council and Highway Authority will require to be satisfied that the scheme would not prejudice the function of the road, and will:

(i) seek to channel all traffic through and around Maidstone onto primary distributors and to

channel traffic between and within residential, industrial and principal business districts of the Borough onto secondary roads;

(ii) not normally permit any proposed development outside the confines of the built-up areas

that generates vehicular or pedestrian traffic. Only where an overriding case can be made in the context of Structure Plan policies will consideration be given to setting aside this policy; and

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(iii) not normally permit any proposed development outside built-up areas which involves

construction of new accesses or increased use of existing accesses onto a primary or secondary route. New development should normally have access via a local access road.

6.112. On occasions, development which would otherwise be acceptable cannot be permitted due to

problems with the transportation network. Sometimes these problems can be overcome if the developers themselves are prepared to enter into a legally binding agreement to fund and/or directly provide such highway works or public transport facilities and/or services as are necessary to enable the development to proceed. These circumstances are covered by DETR Circular 1/97. The proposal at Lockmeadow (policy ED7) is an example of an otherwise acceptable proposal constrained by transportation problems.

POLICY T23 THE BOROUGH COUNCIL, IN LIAISON WITH THE HIGHWAY AUTHORITY,

WILL CONSIDER THE IMPACT ON THE TRANSPORT SYSTEM AND ON THE

ENVIRONMENT OF TRAFFIC GENERATED BY DEVELOPMENT PROPOSALS, AND WILL

SEEK TO ENSURE THAT PROPOSALS ARE ADEQUATELY SERVICED BY THE

TRANSPORT NETWORK.

WHEN AN OTHERWISE ACCEPTABLE DEVELOPMENT PROPOSAL WOULD BRING

FORWARD THE NEED FOR HIGHWAY OR PUBLIC TRANSPORT IMPROVEMENTS IN THE

VICINITY OF THE SCHEME, THE BOROUGH COUNCIL WILL MAKE THE IMPLEMENTATION

OF THE PROPOSAL SUBJECT TO THE PROVISION OF SUCH WORKS OR FACILITIES AS

ARE NECESSARY TO ENABLE THE DEVELOPMENT TO PROCEED BY LEGAL

AGREEMENT OR BY THE IMPOSITION OF CONDITIONS.

THE DEVELOPER MAY MAKE CONTRIBUTIONS TO FUND SUCH IDENTIFIED WORKS OR

FACILITIES AND/OR MAY DIRECTLY PROVIDE THEM, SUBJECT TO THE AGREEMENT OF

THE BOROUGH COUNCIL AND THE HIGHWAY AUTHORITY.

Provision for People with Disabilities 6.113. People with disabilities face many challenges in undertaking tasks that most of the community

take for granted. Consequently their access needs, which may vary enormously depending on the nature and degree of the disability, require specific and careful consideration. Both public perceptions and legislation are changing towards a more rigorous approach to making proper provision for people with disabilities, to overcome the discrimination and sheer carelessness of thought that much development offers. New responsibilities have been conferred on service providers in this regard by the Disability Discrimination Act 1995, to which developers' and applicants' attentions are directed.

6.114. The Borough Council proposes to make a significant commitment to people with disabilities in

terms of the way that it assesses development proposals. Publicly available facilities will need to demonstrate that the needs of people with disabilities have been fully taken into account, including the provision of on-site car parking close to the main pedestrian access to the development. Further elements of provision for people with disabilities are contained in policies T2, T3, T5, T9, T10 and T13 above.

POLICY T24 PROPOSALS FOR DEVELOPMENT CONSISTING OF FACILITIES TO BE USED

BY THE PUBLIC, AND NEW HOUSING DEVELOPMENT, WILL NEED TO DEMONSTRATE

THAT THE NEEDS OF PEOPLE WITH DISABILITIES HAVE BEEN FULLY TAKEN INTO

ACCOUNT.

ALL NEW DEVELOPMENT DESIGNED TO BE OPEN TO THE PUBLIC SHALL PROVIDE

ADEQUATELY SIGNED AND APPROPRIATE ACCESS FOR PEOPLE WITH DISABILITIES

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SUBJECT TO THE REQUIREMENTS OF THE LEGISLATION AND CONDITIONS AFFECTING

LISTED BUILDINGS.

EXCEPT IN THE TOWN CENTRE OR LOCAL CENTRES, AS DEFINED ON THE PROPOSALS

MAP, (WHERE SUCH PROVISION WILL BE MADE COMMUNALLY BY THE BOROUGH

COUNCIL) THE CAR PARKING PROVISION GENERATED BY THE NEEDS OF THE

PROPOSED DEVELOPMENT UNDER POLICY T13 SHALL NOT BE COMMUTED IN

RESPECT OF THE PROVISION FOR PEOPLE WITH DISABILITIES. THE PROVISION SHALL

BE:

(1) MADE ON THE SITE WITH THE PARKING SPACES CLOSE TO THE MAIN

PEDESTRIAN ACCESS TO THE DEVELOPMENT; AND

(2) OF THE SIZE AND LAYOUT DEFINED IN THE BOROUGH COUNCIL'S VEHICLE

PARKING STANDARDS; AND

(3) CLEARLY MARKED ONLY FOR THE USE BY PEOPLE WITH DISABILITIES.

Environmental Appraisal

6.115. In accordance with the guidance at paras 4.16-4.22 of PPG12 - “Development Plans” the policies

in this chapter have been subject to environmental appraisal. Most of the policies clearly score positively because they are closely allied to the achievement of sustainable aims.

6.116. The Borough Council and the Highway Authority have evolved a sustainable, multi-modal and

comprehensive transportation strategy that closely follows the guidance in PPG13. This integrated approach seeks to afford transport choices that reduce reliance on the private car, and so should help to conserve non-renewable energy resources.

6.117. Even the limited new highways proposals either offer public transport benefits, or are designed to

enhance the attractiveness and „liveability‟ of the local environment. Overall, the package of policies will assist in both global sustainability and an improved local environment.

Monitoring 6.118. The performance of this Plan in meeting its aims with regard to transportation will be judged

against the following criteria:

(i) increased patronage of local bus services, including park-and-ride; (ii) improved access to bus services and also cycle routes and facilities; (iii) improved journey times of bus services; (iv) greater priority for pedestrians and cyclists; (v) reduced growth in the number of unnecessary journeys into the town by the private car;

(vi) improved flow of traffic on the urban highway network, particularly to the south of the town

centre; (vii) improved environmental quality along main arterial routes into the town.

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PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A

STRUCK THROUGH LINE E.G. R5. AS MORE OF THE LDF REPLACES THE 2000 LOCAL

PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS

IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL

CONTEXT OF THE POLICIES CAN STILL BE SEEN.

RETAILING

Introduction 7.1. This chapter covers essentially retail and retail type uses. Maidstone is the County Town of Kent

and a major retailing centre in south-east England. There are a variety of retail locations in the Borough encompassing a range of uses. This Plan designates policy areas in Maidstone town centre and, for the first time, local centres within the Maidstone urban area.

7.2. Policy guidance is provided on a variety of different forms of retailing - core comparison goods,

convenience shops, post offices, pharmacies, retail warehousing and superstores. There are also policies which cover uses associated with retailing, such as amusement centres, vehicle sales and showrooms and new forms of selling such as warehouse clubs and discount outlets.

7.3. Because of substantial shifts in Central Government guidance it is not proposed to carry forward

intact the existing shopping policies from the adopted 1993 Maidstone Borough Local Plan or 1992 Medway Towns Local Plan.

National and Strategic Context 7.4. Retailing is one of the most important and dynamic components of the UK economy. There have

been significant changes in the nature of retailing since the Second World War, of which perhaps the most significant are: the introduction of the self-service and supermarket concepts from the USA; the growth in consumer expenditure and leisure time; the greater mobility afforded by the growth in ownership of the private car; computerised pricing, stock control and ordering; and the dispersal of retailing to out-of-town regional centres (such as Lakeside) and large out-of-town stores with extensive, free surface parking.

7.5. In recent years the cumulative impact of all of these trends on our town centres has become a

cause for concern. This has led to the issuing of new Central Government guidance (in both 1993 and 1996) and a Parliamentary investigation by a Select Committee.

7.6. The publication of the revised PPG6 - "Town Centres and Retail Developments" in July 1993

placed curbs on new retail units outside town centres. This followed research into the effects of the growing amount of retailing being built other than in established town and district centres, such as food superstores, retail warehouses and regional shopping complexes. These were having the effect of undermining the traditional role of the town centre, causing decay and empty shop units. Evidence from the USA showed the devastating effect that this trend could have long-term if allowed to go unregulated.

7.7. The Government's "Sustainable Development: the UK Strategy" (January 1994) emphasised the

need for the planning system to encourage patterns of development that minimise the need to travel and promote alternative transport choices to the car (e.g. cycling, walking and public transport) in order to help keep down polluting emissions and also conserve non-renewable energy resources. Town centres, being a focus of physical communications are traditionally the most accessible point of any urban area, and the point best served by public transport. Retail units located elsewhere generally require a car to be able to gain access to them, often involving long journeys to reach them, and this is unsustainable.

7.8. This guidance has subsequently been reflected in the revised PPG13 - "Transport" of March 1994

and RPG9 "Regional Planning Guidance for the South East" of the same date. Amongst other

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issues both these reports recommend that a hierarchy of locational preference for retail developments should be adopted: namely town centres as the first preference; edge-of-centre, district and local centres where suitable town centre sites are not available; and only then out-of-centre sites in locations that are accessible by a choice of means of transport.

7.9. The latest Government guidance - in the June 1996 version of PPG6 - is the most comprehensive

and detailed guidance ever issued to Local Planning Authorities on retailing issues. The Government's objectives in issuing this guidance are: to sustain and enhance the vitality and viability of town centres; to focus development into locations where the proximity of businesses facilitates competition and maximises the opportunity to use means of transport other than the car; to maintain an efficient, competitive and innovative retail sector; and to ensure the availability of a wide range of shops (and other services) to which people have easy access by a choice of means of transport. These objectives seek to promote sustainable development and are consistent with the Government's Sustainable Development Strategy and with PPG13.

7.10. PPG7 - "The Countryside and the Rural Economy" (1992) deals with the need to protect the

countryside in its own right and to encourage sympathetic diversification of the rural economy. Farm shops ancillary to the use as a farm (including an element of imported produce) do not require planning permission.

7.11. The 1996 Kent Structure Plan includes retail policies based on PPG6. The County Council's retail

studies have identified that although retail outlets are predominantly sited in Kent's town centres, by 1993 almost 25% of comparison space and more than 40% of convenience space was already in out-of-centre locations. The Structure Plan identifies the key planning issues for the future as the scale and the location of new space to be provided, with particular regard to the impact upon town centres. The Plan seeks to maintain the best balance between developer's/retailer's locational preferences and the aim of maintaining and enhancing the vitality and viability of town centres.

7.12. The County Council's assessment of retail expenditure change addresses the period to 2006,

rather than the 2011 end date of the Structure Plan, because the state of the national economy strongly influences the retail sector, and this is notoriously difficult to predict. Another factor is that the extensive recent retail schemes and substantial new commitments (such as Bluewater Park regional shopping centre near Dartford) need to be fully absorbed. For the latter reason, a period of consolidation in retail schemes is considered appropriate in strategic terms when the commitments and allocations in this Plan have been implemented. These allocations are principally based on a retail study carried out by the Borough Council’s consultants, Donaldsons, although they largely confirm the findings of the County Council’s Study. Both indicate headroom for additional floorspace by 2006 in all sectors of expenditure, particularly core comparison and bulky goods.

Local Context 7.13. As the County Town of Kent, Maidstone town centre is a major retail location to the south-east of

London. It was for many years the largest retail centre in Kent, but has recently been supplanted by Tunbridge Wells following the completion of Royal Victoria Place. There continues to be very strong demand from retailers to be represented in Maidstone. Commercial sources have identified demand from 35 operators for up to 22,100 m

2 of new town centre floorspace.

7.14. Maidstone draws shoppers from a catchment area which stretches north into the Medway Towns,

west towards Tunbridge Wells and south-east towards Ashford. Some 335,000 people live in this area, although over one million live within 30 minutes drive-time because of the town's excellent location on the M20, close to the M2 and M25. The population in this catchment area is relatively young (42% were aged 16-24 at the time of the 1991 Census), affluent (60% are ABC1s) and mobile (43% possess one or more cars) by comparison with the national average. With 104,050 m

2 of retail floorspace and a strong representation from national multiples, Maidstone is

potentially well placed to remain a vibrant and viable centre into the future, if it can meet the substantial competitive challenges from other centres.

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7.15. In common with experience elsewhere in the UK, some sectors of comparison retailing have tended to disperse from the town centre and local centres over the last 20 years. In particular, this has affected the DIY, furniture, carpets and electrical sectors. The town centre contained 27 units in these categories in 1974: today it contains only nine similar units. There are now 22,600 m

2 in these sectors in edge-of-centre and out-of-centre retail warehouse units. Other than these

sectors, the bulk of comparison retailing is provided in the town centre, which is strongly represented in core comparison goods. It has 89 variety and multiple stores, according to Goad (1995), and over 64,100 m

2 of floorspace.

7.16. Convenience retailing has also dispersed from the town centre over the last 20 years to suburban,

purpose built superstores. In 1974 there were six supermarkets in the town centre: today there are two. There are now six large superstores or supermarkets totalling 17,000 m

2 in the Borough

in edge-of-centre or suburban locations. A further superstore, of 6,700 m2 lies just outside the

Borough and serves the north-west sector of the town. 7.17. The Council has identified 14 suburban district or local centres within the Maidstone urban area

and five in the larger villages. These are anchored by a convenience store, ranging from grocery store/mini-mart size up to superstores. These local centres perform a vital function in meeting local people's essential day-to-day needs, such as basic staple foods (milk, bread, etc.) and newspapers. Most centres have off-street car parking, and bus services connecting them to the town centre. The local centres for the Walderslade/Lordswood area of the Borough lie in the administrative area of Medway Council.

7.18. In the rural part of the Borough there are over 40 villages or hamlets of various sizes. Whilst five

of the larger villages - Coxheath, Headcorn, Lenham, Marden and Staplehurst - have a sufficient large number of shops to be designated as district or local centres in their own right, at least 26 smaller villages and hamlets have neither a single village shop or post office.

7.19. There are also farm shops and other retail uses in the open countryside, and many of these do

not require planning permission from the Borough Council.

Aims and Objectives 7.20. The Borough Council will promote sustainable retail development by following the sequential

approach. It aims to maintain and enhance the existing retail uses and facilities in Maidstone town centre, the local centres and the villages.

7.21. The Borough Council has had a strategy of targeting major retail proposals into the town centre

since the earliest stages of work on the (now superseded) Maidstone Borough Local Plan in 1988. 7.22. It is the Council's aim to regain the town centre's position as both the largest and the best central

core comparison shopping area in Kent by permitting the development of a major central indoor mall. These proposals will be augmented by increased and enhanced car parking facilities, increased CCTV for security, further pedestrian priority schemes, environmental improvements and improved access for people with disabilities public transport users and cyclists.

7.23. The Council will also develop the town centre as a 24 hour multi-use focus for the whole

community. Increased relaxation of the policies covering uses outside the primary shopping area will facilitate a wider variety of uses to add to the existing range in the town centre. This relaxation of planning policies will be accompanied by a series of environmental improvements and pieces of public art, to establish a clear and unique identity for the County Town.

7.24. Whilst core comparison retailing is focused into the town centre, retail warehousing for retailers of

bulky goods and retailers requiring large showrooms will be directed to the edge of the town centre, so that customers can combine their trips to these units with other shopping, business or leisure trips to the town centre itself.

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7.25. The important role that district and local centres and village convenience stores play in meeting the essential day-to-day needs of local people in a sustainable manner will be protected and, where practicable, enhanced. Retail units in the open countryside – aside from farm shops - will generally be discouraged because of the need to protect village shops, preserve the countryside and because of the unsustainable nature of such uses in these locations.

7.26. Studies indicate that there will not be enough headroom to justify new convenience proposals

totalling more than 830 m2. in the Borough to 2006, and consequently no allocations are

proposed. To satisfy the identified headroom, extensions to existing, or the creation of new, local centres will be supported, in principle, to enhance locally available convenience facilities.

7.27. Those retail or retail type uses that may cause nuisance or give rise to environmental, highways

or concentration concerns will be controlled to minimise any detrimental effects. Particular concerns arise over amusement centres, hot food take-aways and vehicle sales/showrooms in this regard.

7.28. Over the past few years, an increasing trend has been the establishment of a shop or a small

supermarket as part of the development or redevelopment of a roadside filling station. These establishments are often designed as supermarkets and some of them are quite large. It is recognised that such shops or supermarkets, if accessibly located, reasonably sized and carefully sited, may fulfil a local need where neighbourhood shopping is either deficient or totally absent. However, the Council is concerned that such shops might provide a threat to the continued viability of established local shops. This is especially the case in or near rural settlements since both local and passing trade may be diverted. In assessing such proposals, careful consideration will be given to the provisions of policies R1, R10 and R11.

7.29. These general principles of a Borough-wide strategy for retailing, as set out above, are given

effect in policy R1. It is framed as a generally permissive policy, subject to the satisfaction of certain criteria. The strategy is based on the principles outlined in PPG6 and the 1996 Kent Structure Plan policy R1. The policy seeks to maintain and enhance existing retail uses and facilities in the town centre, district, local centres and village shops. It provides a general context for assessing retail proposals within the Borough and should be read in conjunction with the more appropriate, detailed policies which follow it. Thus it will provide an appropriate basis against which to assess proposals for example, for new, free-standing smaller shops, either in their own right or in connection with other uses. Development outside the urban areas and village boundaries will not usually be permitted, with the exception of farm shops.

7.30. Policy R1 is essentially designed either to be read in conjunction with other, more detailed,

policies or to provide a flexible framework for assessing smaller retail proposals. It is inadequate, on its own, to control larger retail proposals. Policy R2 provides the additional layer of control that PPG6 and the Structure Plan require over larger developments which have the ability to undermine the retail strategy for the Borough or to effect patterns of travel or car usage contrary to sustainability principles. The Structure Plan defines ‘major retail developments’ as those over 1,000 m

2. and it is at this level that Structure Plan policy R1 comes into play. However, in local

terms this is considered to be an unduly high threshold. Consequently, in this Plan a ‘major’ retail development is one of 500 m

2 or more. It is appropriate that such proposals should be assessed

against more stringent criteria in terms of their justification and their locational aspects. In that regard, policy R2 reflects both PPG6 and Structure Plan policy R1.

POLICY R1 RETAIL DEVELOPMENT WILL BE PERMIITTED WITHIN DEFINED URBAN AND

VILLAGE AREAS PROVIDED THAT THE FOLLOWING CRITERIA ARE MET:

(1) THAT THE PROPOSED DEVELOPMENT WILL NOT THREATEN THE OVERALL

ECONOMIC VITALITY AND VIABILITY OF ESTABLISHED RETAIL CENTRES; AND

(2) THAT ARRANGEMENTS FOR ROAD ACCESS, PARKING AND SERVICING OF THE

LAND AND BUILDINGS ARE ADEQUATE AND THAT THERE ARE NO HIGHWAY

OBJECTIONS; AND

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(3) THAT THE DEVELOPMENT SITE IS BOTH EASILY AND SAFELY ACCESSIBLE BY A

REASONABLE CHOICE OF MODES OF TRANSPORT AND BY PEOPOLE WITH

DISABILITIES; AND

(4) THAT THERE IS NO SIGNIFICANT DETRIMENTAL IMPACT ON NEIGHBOURING

LAND USES OR IS LIKELY TO HAVE AN ADVERSE EFFECT ON LOCAL LIVING

CONDITIONS.

WHERE RETAIL DEVELOPMENT IS PERMITTED, OTHER THAN WITHIN POLICY R4 - R10

ALLOCATIONS OR OTHER POLICY DEFINED AREAS, THE COUNCIL MAY IMPOSE

CONDITIONS IN ORDER TO ENSURE THAT THE RETAIL USES DO NOT CHANGE THEIR

CHARACTER SO AS TO CONFLICT WITH ANY OF THE ABOVE CRITERIA.

POLICY R2 MAJOR RETAIL PROPOSALS (EXCEEDING 500 SQUARE METRES OF GROSS

FLOORSPACE) WILL BE PERMITTED IN ACCORDANCE WITH THE ABOVE POLICY,

PROVIDED THAT THE ADDITIONAL FOLLOWING CRITERIA ARE MET:

(1) THAT THE PROPOSED DEVELOPMENT MEETS THE REQUIREMENTS AND THE

TRADE POTENTIAL OF THE APPROPRIATE CONVENIENCE, COMPARISON OR

BULKY GOODS SECTORS; AND

(2) THAT A SEQUENTIAL APPROACH TO SITING HAS BEEN FOLLOWED (I.E. THAT

PREFERENCE IS GIVEN TO TOWN CENTRE, DISTRICT OR LOCAL CENTRES AND

THEN EDGE-OF-CENTRE SITES BEFORE OUT-OF-CENTRE SITES ARE PROPOSED);

AND

(3) THAT OUT-OF-CENTRE LOCATIONS ARE CHOSEN ADJACENT TO EXISTING OUT-

OF-CENTRE AND FREE-STANDING RETAIL DEVELOPMENT. 7.31. The format of the Retailing Chapter affords priority to locational policies (due to the prominence

accorded to locational issues in PPG6), followed by sectoral policies (comparison, convenience, etc.) and then policies related to specific uses.

Locational Policies 7.32. The Borough Council will promote sustainable retail development by respecting the existing retail

hierarchy. It aims to maintain and enhance the retail uses and facilities contained within the existing hierarchy of retail centres in the Borough: the town centre, as the pre-eminent core comparison goods centre for a large catchment area; the district and local centres, as providers of essential day-to-day convenience goods within walking distance of people's homes; and free-standing convenience stores, which in the urban areas 'plug the gaps' between the district and local centres and in the smaller villages perform the function of the local centres.

7.33. Provision for additional major core comparison goods shopping will be made in the town centre to

sustain and enhance its existing role. The major provision of floorspace for the retailing of bulky goods will be directed to two allocated sites. These sites will contribute towards the identified additional retail headroom. In the event that additional provision is needed, after these sites have been committed, policies R1 and R2 will be used in the determination of further planning applications.

7.34. The district and local centres are anchored in convenience goods and, given that there is not

sufficient headroom for a large new convenience store in the Borough, any more minor convenience proposals will be directed to existing (or new) local centres or the town centre.

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Maidstone Town Centre Strategy 7.35. The Borough Council is strongly committed to maintaining the vitality and commercial prosperity

of retailing in Maidstone town centre. To achieve this objective it is important that any potential growth in comparison shopping floorspace is provided in, or on the edge of, the town centre rather than elsewhere.

7.36. A revision to the Structure Plan Working Paper 4/94 (rolling its end date forward to 2006)

indicates that the Maidstone/Malling Planning Area has scope for in the region of 31,900 m2 of

gross additional core comparison floorspace, taking into account the competitiveness of Bluewater. In addition, the bulky goods sector will provide scope for up to 15,600 m

2 of additional

floorspace to 2006. 7.37. The Borough Council’s retail advisers have identified independently, in their own study, that the

Planning Area could accommodate 33,950 m2 of core comparison goods, and 17,950 m

2 of bulky

goods floorspace in the same time-frame. Both studies are based on the policy presumption that at least a part of electrical goods sales should be within the core comparison sector, and consequently should be provided in the town centre in traditional ‘High Street’ fashion. This is in tune with sustainability concerns and recent case law, and reflects the Borough Council’s views on how electrical goods should be treated. Consequently, the Borough Council’s retailing strategy, in terms of nature and scale of provision, assumes that electrical goods are part of the core comparison sector (rather than the bulky goods sector), and uses the figures from the Borough Council’s retail consultants rather than the KCC figures, (although the two are very close).

7.38. Maidstone town centre faces many threats to the Borough Council's ambition to see it fulfil its

proper role as the County Town. There is potentially serious competition from Bluewater (with 111,500 m

2 gross of floorspace and 13,000 free parking spaces), the revitalised Tunbridge Wells,

proposals for expansion at Chatham and a major factory outlet centre at Ashford close to the town centre. If Maidstone is to fulfil its proper role as the County Town, serving a wide catchment area and facing strong competition from out-of-town development and improving town centres elsewhere, there is a need for both substantial new floorspace in the town centre and of a high quality ‘offer’, complemented by a wide-ranging package of measures to reinforce the town centre's attractiveness.

7.39. Existing proposals or allocations in the core comparison sector at the present time in the Borough

account for 30,000 m2 in the Fremlin Centre proposal. It is now proposed to add approximately

7,500 m2 on two sites for bulky goods; Maidstone East Railway Station on the northern edge of

the town centre, (policies R5 and R6) and the former British Gas site on St. Peter Street to the west of the town centre. The land to the east of the Chequers Centre has now been developed to provide approximately 3,000 m

2 of convenience goods floorspace.

7.40. It is essential that these new proposals are carefully linked to: the provision of new road

infrastructure (to avoid congestion which could detract from the attractiveness of the town centre as a shopping location); car parking provision commensurate with the increased retail floorspace (which is easily accessible to shoppers); public transport which is attractive and able to gain ready access; and the town centre being generally attractive to shoppers. New shopping floorspace may assist this latter objective, but it is also important that the quality of the town centre environment is further improved by pedestrianisation, improved paving, lighting, street furniture and enhanced security.

7.41. The Borough Council believes that the scope for growth in retail expenditure indicated by the

County Council, combined with Maidstone's accessible location and the rising prosperity of the area generally, presents an opportunity to improve the quality as well as the quantity of the shops and facilities in the town centre. Maidstone is the County Town, centrally situated in the most prosperous area of Kent, and there is every reason to expect its town centre retail facilities to be of the highest order.

7.42. The Council is anxious that any new core comparison shopping provision should be well related to

the existing primary shopping area. Presently this focuses on the pedestrianised Week Street,

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High Street, Gabriels Hill, King Street and the Chequers Centre. The Chequers Centre opened in 1977 and was the last substantial addition to retail floorspace in the town centre. More recently the Royal Star Arcade and Market Buildings developments have provided specialist small shops. The Borough Council wishes to ensure that new core comparison retailing enhances, rather than detracts from, the function of these existing shopping areas.

7.43. The Borough Council also proposes to encourage properly regulated diversification of uses in the

town centre outside the key ‘shopping’ core. Diversification can assist in vitality around the clock, and enables people to make one trip to fulfil a variety of different functions (shopping, eating, working, worshipping, health, leisure or educational pursuits). It is also the aim to encourage a living residential community in the town centre, by developing mixed-use sites and encouraging people to 'live over the shop'. Plainly there are potential conflicts between some late night uses (which may generate noise or other nuisance) and the needs of residents: juxtapositions of such contrasting uses need to be carefully considered. Concentrations of uses may also cause problems and need to be examined.

POLICY R3 MAIDSTONE TOWN CENTRE IS IDENTIFIED AS A REGIONAL SCALE

COMPARISON GOODS CENTRE. PROPOSALS FOR RETAIL DEVELOPMENT WHICH

WOULD UNDERMINE THE STRATEGY FOR, OR THE VITALITY AND VIABILITY OF, THE

TOWN CENTRE WILL NOT BE PERMITTED. SITES FOR DEVELOPMENT ARE ALLOCATED

TO PROVIDE FOR THE MAJOR ANTICIPATED GROWTH IN COMPARISON RETAIL

EXPENDITURE: TOWN CENTRE FOR CORE COMPARISON; AND EDGE-OF-CENTRE FOR

BULKY GOODS. FURTHER PROPOSALS WILL BE PERMITTED SUBJECT TO THE

CRITERIA IN POLICIES R1, R2, R7, R8 OR OTHER RETAILING POLICIES AS

APPROPRIATE.

THE BOROUGH COUNCIL WILL IMPLEMENT AND SUPPORT INITIATIVES TO ENHANCE

THE ATTRACTION OF THE TOWN CENTRE. THESE MAY INCLUDE ENVIRONMENTAL

IMPROVEMENTS, IMPROVED ACCESS FOR PUBLIC TRANSPORT, CYCLISTS AND

PEDESTRIANS, AND ENHANCED SHORT-STAY PARKING PROVISION.

DIVERSIFICATION OF USES IN APPROPRIATE PARTS OF THE TOWN CENTRE WILL BE

PERMITTED SUBJECT TO THE CRITERIA IN POLICIES R8, R9, R16 AND R19.

The Fremlin Centre Site 7.44. The Whitbread Fremlin Brewery distribution site and adjacent land between St. Faith's Street,

Week Street, Earl Street and Fairmeadow is to be redeveloped for mainly core comparison retailing contained within multi-level pedestrian shopping precinct. The site is located to the west of the existing primary shopping area and pedestrian access will be created from Week Street, the principal shopping street, and already exists from St Faith's Street and Earl Street. The Council places emphasis on the implementation of this recently authorised proposal as a cornerstone of its overall retail strategy. It will continue to negotiate, as necessary, for land assembly by agreement and will consider the use of compulsory purchase.

7.45. Comprehensive overall redevelopment of the site as defined is intended by the Council and

limited or piecemeal development will be opposed. It is only through comprehensive redevelopment that the Council’s objectives for the site and its general retailing policies for the town centre will be achieved. This is because what is required is a significant additional component of core comparison floorspace in a pedestrian setting. This should enjoy a high degree of shopping amenity and architectural quality with associated parking and other access arrangements which will provide both an attractive and substantial riverside presence.

7.46. A Development Brief has been prepared for the site which envisages some 30,000 m

2 gross

shopping floorspace on two levels, subject to constraints imposed by sensitive local townscape, and traffic capacity. Parking to an appropriate standard will be required. There is an opportunity to provide detached car parking on nearby land at Waterside.

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7.47. At its western end the site overlooks the River Medway and the new Spine Road (Fairmeadow)

running to the M20. The opportunity thus exists to connect new retail development to this high capacity road. Access for buses must be incorporated into any scheme, and provision must be made for the movement of service vehicles from the Station Road/St Faith’s Street area to the Pudding Lane/High Street area. The maintenance and improvement of access for existing properties in the vicinity affected by the scheme will need to be secured.

7.48. The authorised redevelopment proposal will be wholly pedestrian and partly enclosed internally,

with links on foot with a largely or partly pedestrianised St. Faith’s Street, Week Street and Earl Street. A shopping environment of the highest calibre will thereby be achieved. The opportunity exists to present a high quality external environment. This is especially important in the view of the dominant townscape role which this site has for people approaching the town centre from the north.

7.49. In addition it is vital that the Museum and Art Gallery at St. Faith’s Street is treated in a sensitive

manner in relation to the development. There are also Listed Buildings fronting Earl Street and Saint Faiths Street which must be respected by the new development, and it will be desirable to retain features associated with the site such as the ‘elephant’ gateway opposite Pudding Lane.

7.50. A retail warehouse development would not be acceptable in the light of the other policies and

allocations of this Plan, and in the light of the requirements for this particular site.

POLICY R4 LAND BETWEEN FAIRMEADOW AND WEEK STREET AND BETWEEN

FAIRMEADOW AND BRENCHLEY GARDENS IS ALLOCATED FOR PREDOMINANTLY USE

CLASS A1 RETAIL DEVELOPMENT IN ORDER TO MEET THE ESSENTIAL REQUIREMENTS

AND FUTURE TRADE POTENTIAL OF THE CORE COMPARISON SECTOR. PROPOSALS

FOR THIS SITE WILL HAVE TO COMPLY WITH THE FOLLOWING REQUIREMENTS:

(1) THE SCHEME OF REDEVELOPMENT SHOULD PROVIDE FOR A UNIFIED AND

SINGLE PHASE COMPREHENSIVE RETAIL PEDESTRIAN SHOPPING CENTRE

WHICH COVERS THE ENTIRE ALLOCATED SITE; AND

(2) THE DESIGN AND EXTENT OF A REDEVELOPMENT SCHEME SHOULD ACCORD

WITH THE SPECIAL CHARACTER AND APPEARANCE OF THE CONSERVATION

AREAS AFFECTED BY THE ALLOCATION; AND

(3) THE REDEVELOPMENT PROPOSALS SHOULD MAKE ADEQUATE ARRANGEMENTS

FOR ACCESS AND CIRCULATION BY PEDESTRIAN TRAFFIC AND PUBLIC

TRANSPORT AND FOR OFF-STREET PARKING; AND

(4) THE SCALE, APPEARANCE AND MASSING OF THE REDEVELOPMENT SCHEME

SHOULD BE OF A CHARACTER WHICH IS APPROPRIATE TO THE RIVERSIDE ZONE

OF SPECIAL TOWNSCAPE IMPORTANCE; AND

(5) SPECIAL CONSIDERATION SHOULD BE GIVEN TO THE RETENTION AND

SYMPATHETIC FUTURE USE OF THE LISTED BUILDINGS WITHIN THE SITE AND OF

ANY OTHER BUILDINGS OF TOWNSCAPE MERIT; AND

(6) PROPOSALS FOR CHANGES OF USE WITHIN THE OVERALL RETAIL

REDEVELOPMENT SCHEME SHOULD BE RESTRICTED TO THOSE WHICH ARE

ANCILLARY TO AND SUPPORTIVE OF ITS FUNCTION.

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St. Peter Street 7.51. The site is allocated on the Gas Board land in St. Peter Street to the west of the town centre. The

site is close to existing retail warehouses (Courts and Homebase), thereby allowing customers to make one trip to visit all of the units in this area. Pedestrian access should be afforded from St. Peter Street, and such access will need to be accessible by people with disabilities. Provision for those arriving by cycle and public transport will also be required. Vehicular access should be taken from St. Peter Street, and car parking should not be prominent to either the road or the river. Due to the proximity of the site to the town centre, and the fact that customer parking is likely to be offered free, the Council will require to see a demonstrable means of managing the parking in order to avoid non town centre customers using the car parks. If this were to happen it would undermine the parking strategy for the town centre, in which all day free parking for workers is discouraged. The site lies within the Riverside Zone of Special Townscape Importance, such that a high quality of design, layout and landscaping will be required.

7.52. The site is immediately adjacent to St. Peter's Church, wrapping around it to the north and west.

Any development must respect the setting of the church and respond sympathetically to any development on St. Peter’s Wharf. The site is flat and roughly rectangular in shape, such that it lends itself well to the usual built-form of retail warehouse units. Roofscape will be particularly important for this site, as the site lies at the bottom of the Medway valley, and can be seen from above from many viewpoints.

POLICY R5 THE SOUTHERN PART OF THE FORMER GAS WORKS SITE IN ST. PETER

STREET, AS DEFINED ON THE PROPOSALS MAP, IS ALLOCATED FOR USE CLASS A1

RETAIL DEVELOPMENT TO MEET THE ESSENTIAL REQUIREMENTS AND FUTURE TRADE

POTENTIAL OF THE BULKY GOODS SECTOR.

DUE TO THE ARCHAEOLOGICAL POTENTIAL OF THIS SITE, POLICIES ENV16 AND ENV17

WILL ALSO APPLY. DEVELOPMENT WILL BE SUBJECT TO THE IMPOSITION OF

CONDITIONS ON THE RETAIL UNITS (INCLUDING ON THE RANGE AND TYPE OF GOODS

TO BE SOLD) TO ENSURE THAT THE DEVELOPMENT DOES NOT SUBSEQUENTLY

CHANGE ITS CHARACTER UNACCEPTABLY.

Maidstone East Station 7.53. Part of the main carpark at Maidstone East railway station site to the north of Maidstone town

centre is also allocated to meet the essential requirements and future trade potential of the bulky goods sector. The use of this site for retail warehousing may occur as part of a wider redevelopment of the whole of the site to create offices, residences, an hotel, restaurant, leisure uses, a transport interchange and a modern, more prominent station concourse. Alternatively, it may occur as the first phase of such a wider redevelopment. It is considered that approximately 3,750 m

2 of floorspace could satisfactorily be accommodated within the allocated area.

7.54. Development will be contingent upon the retention of 400-600 parking spaces for station users,

together with provision of parking for whatever other uses are proposed. A high quality of design will be required, as the building will be prominent in the townscape from a number of viewpoints, and also lies within the Riverside Zone of Special Townscape Importance. Developers are urged not to view the aspect of the building to the river as the ‘rear’ of the development. This is a prominent aspect, highly visible from the spine road, the river and the elevated railway line as it crosses the Medway.

7.55. Pedestrian access should be afforded from Station Road (possibly from the existing car park

steps), although such access will need to be accessible by people with disabilities. Provision for those arriving by cycle and by public transport will also be required. Vehicular access should only be taken from Sandling Road on the north-western corner of Sessions House Square. Due to the proximity of the site to the town centre, and the fact that customer parking is likely to be offered free, the Council will require to see a demonstrable means of managing the parking in order to

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avoid town centre customers using the car park. If this were to happen it would undermine the parking strategy for the town centre, in which all day free parking for workers is discouraged. Policy ED11 provides more detail on the particular issues that any proposal on this site will need to address.

POLICY R6 LAND AT MAIDSTONE EAST STATION CAR PARK, AS DEFINED ON THE

PROPOSALS MAP, IS ALLOCATED FOR USE CLASS A1 RETAIL DEVELOPMENT TO MEET

THE ESSENTIAL REQUIREMENTS AND FUTURE TRADE POTENTIAL OF THE BULKY

GOODS SECTOR.

DEVELOPMENT WILL BE SUBJECT TO THE IMPOSITION OF CONDITIONS ON THE

RETAIL UNITS (INCLUDING ON THE RANGE AND TYPE OF GOODS TO BE SOLD) TO

ENSURE THAT THE DEVELOPMENT DOES NOT SUBSEQUENTLY CHANGE ITS

CHARACTER UNACCEPTABLY. CRITERIA AGAINST WHICH ALL FUTURE PLANNING

APPLICATIONS WILL BE ASSESSED HAVE BEEN ESTABLISHED. THESE CRITERIA ARE

DETAILED IN A DEVELOPMENT BRIEF WHICH WILL GUIDE FUTURE DEVELOPMENT.

PARTICULAR REGARD WILL BE GIVEN TO THE RETENTION OF SUFFICIENT LAND TO

PROVIDE AN APPROPRIATE FRONTAGE BUILDING ONTO SESSIONS HOUSE SQUARE

AND THE DEVELOPMENT NOT PREJUDICING THE POTENTIAL REDEVELOPMENT AND

ENHANCEMENT OF THE STATION.

Integrating the New Schemes 7.56. The increased quantity of floorspace provided by the new schemes should attract greater

numbers of shoppers to the town centre as a whole. In addition, the location of the two principal new schemes at opposite extremes of the existing primary shopping area reinforces the importance of this primary area. Shoppers intending to visit these new developments will pass through the primary area to do so. Thus, the vitality of the centre as a whole will be enhanced. Once implemented, a period of stability will be appropriate to enable the town centre to absorb the impact of these schemes.

Retail Uses in Town Centre Streets 7.57. The mix of uses in key town centre streets is important in maintaining vitality and viability. Within

the town centre, ground floor frontages in certain streets are already reserved for only Class A1 (shop) uses, others are permitted a limited number of Class A2 (financial and professional services) and A3 (food and drink) uses, whilst others are unrestricted in the uses that can occur there. These policies operate to ensure that the primary shopping area retains its essential shopping character, and is not diluted by service or other uses which in certain market conditions can outbid retailers and ‘deaden’ the street to the detriment of its character and function as a shopping street.

7.58. Clearly diversification is important, and care has to be exercised in the operation of policies to

strike a balance between reasonable concerns about dilution and ‘deadening’ on one hand and the importance of allowing a range of uses to occur in the town centre on the other. Variety across the centre as a whole is important in terms of diversification.

7.59. The existing designated streets for these policies have been reviewed and, after identifying the

prime retail pitch (principally by commercial rental levels, as advised in PPG6) the boundaries have been redrawn.

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The Core Shopping Area 7.60. The primary area is that part of a town centre in which the predominant ground floor use is Class

A1 (shops), comprising principally the major national and international multiple and variety stores, with some niche retailers and a minority of service and restaurant/food uses. Primary frontages help to define in the minds of town centre customers what type of shopping role a centre performs. Too small a primary area, too narrow a range of comparison goods retailers or too few shop uses will impact on customers' perceptions, and thus their choice of where to shop, resulting in the diversion of trade to other centres.

7.61. To avoid this threat, it is proposed both to expand the primary area of Maidstone by the

development of the Fremlin Centre site, and to protect the integrity and composition of the existing primary area as defined by Zone A commercial rental values. The latter element is termed the Core Shopping Area. This comprises Week Street (between Union Street and High Street/King Street) and the Chequers Centre, with a short section of the connecting street (King Street) and those ‘top’ parts of High Street and Gabriels Hill around the Queen Victoria Monument. Within this relatively compact area approximately 20-25% of ground floor or street level frontages are already in uses other than Class A1 (primarily A2 uses). PPG6 states that primary frontages may be restricted to a high proportion of retail uses - in particular those uses in Class A1 - and it is proposed to place such a restriction on the Core Shopping Area.

POLICY R7 THE CORE SHOPPING AREA, AS DEFINED ON THE PROPOSALS MAP, IS

DESIGNATED FOR CLASS A1 (SHOP) USES AT GROUND FLOOR LEVEL. WITHIN THIS

AREA THE BOROUGH COUNCIL WILL NOT PERMIT THE USE OF GROUND FLOOR

PREMISES FOR CLASS A2 (FINANCIAL AND PROFESSIONAL SERVICES), CLASS A3

(FOOD AND DRINK) USES OR OTHER USES.

Secondary Shopping Areas 7.62. As PPG6 notes, there should be scope for more flexibility in the diversity of uses in secondary

frontages. The changes that Maidstone town centre will experience as a result of the opening of Bluewater and the completion of the proposed new developments in, and on the edge of, the town centre are likely to be most strongly felt in those central areas outside the core. Consequently, it is to those areas that greater flexibility in the use of ground floor premises should be directed to ensure their continued vitality and to avoid under utilisation and physical deterioration.

7.63. Whilst retaining their shopping character, secondary frontages can accommodate a higher

proportion of non-A1 uses than the core. The existing policy for the secondary shopping streets (policy S6(2) in the 1993 Plan) is not considered to offer enough flexibility in view of the likely changes between 1996 and 2006 in the town centre. For this reason, the replacement policy proposes to permit additional Class A2 or A3 uses, or other uses appropriate in a shopping street, subject to three criteria. These criteria are designed to ensure the continued vitality and viability of the Secondary Shopping Areas, the retention of their essential shopping function and to safeguard against any loss of residential accommodation. There are three Secondary Shopping Areas, centred on Week Street (between Union Street and Brewer Street), Earl Street/Market Buildings/High Street/lower Gabriel's Hill, and King Street (between Wyke Manor Road and Church Street) respectively.

POLICY R8 THE SECONDARY SHOPPING AREAS, AS DEFINED ON THE PROPOSALS

MAP, ARE DESIGNATED FOR CLASS A1 (SHOP) USES AT GROUND FLOOR LEVEL.

WITHIN THESE AREAS THE BOROUGH COUNCIL WILL PERMIT ADDITIONAL CLASS A2

(FINANCIAL AND PROFESSIONAL SERVICES), CLASS A3 (FOOD AND DRINK) OR ANY

OTHER USES APPROPRIATE IN A SHOPPING STREET PROVIDED THAT THE FOLLOWING

CRITERIA ARE MET:

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(1) THE PROPOSED USE(S) CONTRIBUTE TO THE VITALITY AND VIABILITY OF THE

AREA; AND

(2) THAT THE INDIVIDUAL OR THE CUMULATIVE IMPACTS OF SUCH USES ARE NOT

DETRIMENTAL TO THE FUNCTION OF THE AREA AND THE RANGE OF FACILITIES

PROVIDED; AND

(3) THERE IS NO LOSS OF RESIDENTIAL ACCOMMODATION OR ACCESS TO

RESIDENTIAL ACCOMMODATION.

Tertiary Town Centre Areas 7.64. The three Tertiary Town Centre Areas are, by their nature, the most physically marginal of all the

designated central zones. They differ considerably in character, from being in predominantly retail uses at ground floor level (such as Union Street and the western part of the High Street), through a mixture of retail and retail-type uses (such as the northern parts of Week Street and Mill Street) or retail and commercial uses (such as the eastern part of King Street and Station Road), through to commercial and residential uses (such as Brewer Street and Lower Stone Street).

7.65. It is appropriate that a more open 'menu' of uses should be available in these areas to facilitate

beneficial regeneration, where necessary; to create opportunities for new uses that cannot afford primary or secondary land or rental values but are appropriate on the edge of the town centre; and to expand the residential community in the central area (see also policy R18).

POLICY R9 WITHIN THE TERTIARY TOWN CENTRE AREAS, AS DEFINED ON THE

PROPOSALS MAP, THE BOROUGH COUNCIL WILL PERMIT A VARIETY OF USES

APPROPRIATE TOWARDS THE EDGE OF THE TOWN CENTRE PROVIDED THAT THE

FOLLOWING CRITERIA ARE MET:

(1) THE PROPOSED USE(S) CONTRIBUTES TO THE VITALITY AND VIABILITY OF THE

AREAS; AND

(2) THERE IS NO DETRIMENTAL IMPACT ON NEIGHBOURING LAND USES OR

RESIDENTIAL AMENITY; AND

(3) ANY PARKING PROVISION IS IN CONFORMITY WITH THE LOCAL PLAN STRATEGY;

AND

(4) THERE IS NO LOSS OF RESIDENTIAL ACCOMMODATION OR ACCESS TO

RESIDENTIAL ACCOMMODATION.

THESE USES INCLUDE CLASS A1 (SHOPS), CLASS A2 (FINANCIAL AND PROFESSIONAL

SERVICES), CLASS A3 (FOOD AND DRINK), CLASS C1 (HOTELS AND GUEST HOUSES),

CLASS C3 (DWELLING HOUSES), D1 (NON-RESIDENTIAL INSTITUTIONS) AND CLASS D2

(ASSEMBLY AND LEISURE).

Local Centres 7.66. Local retail facilities are important in meeting the essential day-to-day needs of local people within

easy walking distance of their homes. Such needs will usually include essential foodstuffs (such as bread, milk, fruit and vegetables) plus newspapers, and may also include a limited range of other foodstuffs and a variety of services provided by post offices, banks, off licences or hot food takeaways. This range of services is usually provided in groupings of shops in local or district centres within the urban areas and larger villages. Individual shops in the smaller villages are dealt with below under Policy R11. These district and local centres require protection to maintain and enhance their important function in the retail hierarchy.

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7.67. Surveys reveal 14 local or district centres within urban Maidstone and five in the larger villages

which provide this ‘local shopping’ function and share the characteristics of being of a reasonable size, anchored by a convenience foodstore (or supermarket or superstore) and having access by bus services (to assist access by non-car owners and to ensure that they are sustainable in line with PPG6 and PPG13) and cover a broad spread of the town, although the east and south-east sectors are the best served. There are two food superstores in these areas. The five villages which have district or local centres are the five largest: Coxheath, Headcorn, Lenham, Marden and Staplehurst. There are no district or local centres within the Walderslade and Lordswood areas of the Borough: they are served by centres within the present administrative area of Medway Council.

7.68. There are vacant sites adjacent to several of the designated district or local centres which may

afford opportunities to expand those centres with new retail or complementary facilities (such as medical units, creches, etc.) in line with the guidance in PPG6.

7.69. As noted, there are also parts of the town that are under provided with district or local centres.

There are particular deficiencies in the area to the west of the Medway, to the north of the town centre between the river and Sittingbourne Road, and to the south-west of the town centre where the retail facilities in Tovil are poorly related to the developing residential areas, especially in relation to pedestrian and public transport access. In principle, the Council will support proposals to develop new local centres in areas deficient of such facilities, provided that they are of a scale appropriate to such a function, are well located in terms of access by local people by means other than the private car, and there is adequate ‘headroom’ to justify the development of the anchor convenience store. New district centres will not be permitted, as there is no ‘headroom’ to justify a new large supermarket or superstore, and any store of this size that could be justified on qualitative grounds should be directed to the town centre, in order to improve its convenience goods representation.

POLICY R10 THE BOROUGH COUNCIL WILL MAINTAIN EXISTING RETAIL USES IN THE

DEFINED DISTRICT AND LOCAL CENTRES, CONSISTENT WITH THEIR SCALE AND

FUNCTION, AND DEVELOPMENT WHICH WOULD HARM THEIR VITALITY AND VIABILITY

WILL NOT BE PERMITTED. POLICY R11 WILL APPLY IN THE DISTRICT AND LOCAL

CENTRES, WHICH ARE DEFINED AS:

(i) MID-KENT CENTRE, CASTLE ROAD, ALLINGTON;

(ii) ASHFORD ROAD, BEARSTED;

(iii) THE GREEN/THE STREET, BEARSTED;

(iv) MARLBOROUGH PARADE, BEVERLEY ROAD, BARMING;

(v) CHERRY TREE, TONBRIDGE ROAD;

(vi) GROVEWOOD DRIVE, GROVE GREEN;

(vii) BOUGHTON PARADE, LOOSE;

(viii) EGREMONT ROAD, MADGINFORD;

(ix) PARKWOOD PARADE;

(x) SANDLING LANE, PENENDEN HEATH;

(xi) SENACRE SQUARE, WOOLLEY ROAD;

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(xii) NORTHUMBERLAND COURT, SHEPWAY;

(xiii) UPPER STONE STREET, MAIDSTONE;

(xiv) SNOWDON PARADE, VINTERS PARK;

(xv) HEATH ROAD, COXHEATH;

(xvi) HIGH STREET, HEADCORN;

(xvii) THE SQUARE, LENHAM;

(xviii) HIGH STREET, MARDEN; AND

(xix) HIGH STREET, STAPLEHURST.

PROPOSALS FOR FURTHER CLASS A1 RETAIL DEVELOPMENT WILL BE PERMITTED IN,

OR IMMEDIATELY ADJACENT TO, EXISTING DISTRICT OR LOCAL CENTRES SUBJECT

TO THE APPROPRIATE CRITERIA IN POLICIES R1 AND R2.

THE COUNCIL WILL PERMIT THE DEVELOPMENT OF NEW LOCAL CENTRES ANCHORED

BY A CONVENIENCE STORE OR SUPERMARKET, PARTICULARLY IN AREAS DEFICIENT

OF SUCH FACILITIES, SUBJECT TO THE APPROPRIATE CRITERIA IN POLICIES R1, R2,

R11 AND R15. THE DEVELOPMENT OF NEW DISTRICT CENTRES WILL NOT BE

PERMITTED.

Local Convenience Shops and Facilities

7.70. In the urban areas, individual small-scale convenience stores may often ‘plug the gaps’ in meeting the essential day-to-day needs of local people where there are no nearby local centres. Such free-standing stores or corner shops, whether in the urban areas or in villages, serve a vital need, but appear to be at greater risk from competitive pressures than similar stores in parades of shops. This is probably because the greater the number of shop units, the wider is the range of goods and services on offer, and the greater is the attraction of such a concentration to customers.

7.71. The loss of free-standing convenience stores may have just as great an adverse impact on the

local community as would the closure of such a unit in a district or local centre. Such impacts are likely to fall hardest on the young, the old, the poor, the infirm and those without cars, unless there are comparable and accessible alternative facilities in the locality. Whilst it is important to seek to protect, as far as possible, against the loss of such units, it always needs to be borne in mind that the principal determinant of whether stores remain open and viable is whether people continue to use them.

7.72. As PPG6 recognises, post offices and pharmacies also provide vital local services within easy

walking distance of people's homes. Their closure can have as equally unwelcome and adverse effects as that of convenience stores. (The Borough Council will generally support proposals for new post offices under the terms of policy CF4.)

7.73. In a 1995 survey it was found that only one third of the Parishes in the Borough had a post office,

and that less than 15% had a pharmacy. Consequently, people in these areas will have to travel to larger villages or nearby towns to gain access to these facilities. The loss of further village post offices and pharmacies can only serve to increase the numbers of car journeys, lengthen vehicle journey times, and increase dependence on the car, unless there are comparable alternative facilities nearby.

POLICY R11 IN CONSIDERING PLANNING PROPOSALS WHICH WOULD INVOLVE OR

REQUIRE THE LOSS OF EXISTING POST OFFICES, PHARMACIES, BANKS, PUBLIC

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HOUSES OR CLASS A1 SHOPS SELLING MAINLY CONVENIENCE GOODS,

PARTICULARLY IN VILLAGES, CONSIDERATION WILL BE GIVEN TO THE FOLLOWING:

(1) FIRM EVIDENCE THAT THE EXISTING USES ARE NOT NOW VIABLE AND ARE

UNLIKELY TO BECOME COMMERCIALLY VIABLE; AND

(2) THE IMPACT ON THE LOCAL COMMUNITY AND ESPECIALLY ON THOSE

ECONOMICALLY OR PHYSICALLY DISADVANTAGED; AND

(3) THE AVAILABILITY OF COMPARABLE ALTERNATIVE FACILITIES IN THE VILLAGE

OR THE LOCAL AREA; AND

(4) THE DISTANCE TO SUCH FACILITIES AND THE AVAILABILITY OF TRAVEL MODES

OTHER THAN BY PRIVATE MOTOR VEHICLE.

Retail Units in the Countryside

7.74. As stated in policy R1, the Council views retailing in the countryside as generally inappropriate. It believes that the countryside should be protected, in its own right, from harmful development and this is given expression in policy ENV28. It is inconsistent with the principles of sustainable development that urban dwellers should drive into the countryside to find retail outlets. These should be located in the town centre or district and local centres or villages. Many village shops are of marginal viability and receive remittance on their Uniform Business Rates. Rural local centres and village shops are a key resource in their communities. Anything larger than limited farm shopping might serve to undermine their viability. The Council will resist proposals for rural retail uses, as stated in policies ENV28 and R1.

7.75. However, a farm shop selling fresh produce grown on the farm does not need planning

permission so long as it is ancillary to the running of the farm and that the quantity of any other produce sold is minimal. If it is proposed to extend the range of fresh produce not grown on the farm, for example to allow the retail operation to remain viable or to continue throughout the year, planning permission will be required. Such permissions may, by condition, restrict the amount of bought-in fresh produce so that it does not represent more than a minority of total annual sales at the farm, as evidenced by trading returns. Such a level might generally be of the order of 33% of the total annual sales turnover.

7.76. In considering such applications, most especially if new building or conversion is involved, the

Council will have regard to other policies of this Plan. These policies are intended to protect the character, appearance and amenity of the countryside, the established retail hierarchy and to ensure the safety, convenience and free flow of all traffic on public highways (which may include footpaths and bridle-ways). The relevant policies include ENV28, ENV44, ENV45, T13, T22 and R1.

7.77. Planning permission may be granted if proposals are in overall conformity with these policies and

if additional produce intended for sale is consistent with farm trading and does not exceed the important level already mentioned. Such permissions may also, in the interests of securing conformity with Policy R1, impose a condition restricting the proportion of other goods sold. Such other sales, of goods that are not fresh agricultural produce, will be restricted to a marginal level, which will generally be of the order of 10% of total annual sales turnover. Policy R12 is intended to make sure that retail activity is firmly rooted in the farm itself and is helpful to the farm enterprise whilst preventing a proliferation of food shops in the countryside.

POLICY R12 PROPOSALS INVOLVING RETAIL SALES OUTSIDE DEFINED URBAN AREAS

AND VILLAGE BOUNDARIES WILL ONLY BE ALLOWED IN THE CASE OF SHOPS SELLING

FRESH PRODUCE AT THE POINT OF PRODUCTION (OR ORIGINATING OFF THE FARM

HOLDING) PROVIDED THAT:

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(1) A SIGNIFICANT PROPORTION, BASED ON ANNUAL TURNOVER, OF THE RANGE OF

GOODS OFFERED FOR SALE CONTINUES TO BE FRESH PRODUCE GROWN AND

SOLD ON THE FARM HOLDING IN QUESTION; AND

(2) THE RANGE OF ANY ADDITIONAL SALE GOODS IS RESTRICTED TO FRESH

AGRICULTURAL PRODUCE AND THE OFFER FOR SALE OF OTHER GOODS,

INCLUDING PACKAGED OR PRESERVED FOOD PRODUCTS, DOES NOT EXCEED A

MINIMAL LEVEL; AND

(3) THE PROPOSAL CONFORMS TO ALL OTHER RELEVANT POLICIES OF THE PLAN,

IN PARTICULAR POLICY R1, AND IS NOT DEMONSTRABLY DAMAGING TO THE

VIABILITY OF RURAL LOCAL CENTRES AND VILLAGE SHOPS.

IN GRANTING PLANNING PERMISSION FOR FARM SHOPS, THE COUNCIL MAY IMPOSE

CONDITIONS TO RESTRICT THE AMOUNT OF PRODUCE WHICH ORIGINATES OUTSIDE

THE FARM HOLDING IN WHICH THE PROPOSED DEVELOPMENT IS LOCATED AND ALSO

TO RESTRICT THE PROPORTION OF NON-FOOD AND OTHER ITEMS TO BE SOLD.

Comparison Shopping 7.78. The Borough Council believes that provision for comparison shopping should principally be made

in the town centre (for core comparison goods) or on the edge of the town centre (for retail warehousing of bulky goods or retailers needing large showrooms).

Core Comparison Shopping 7.79. As noted above the Borough Council believes that any major core comparison shopping

proposals should be located in the town centre in recognition of its pre-eminence in this sector. The town centre is a major retail location and serves a wide catchment area. Provision for future capacity in this sector has been made in the allocation for the Fremlin Centre (see policy R4), and the Borough Council will attach a high priority to the achievement of this scheme. The Local Centres may be appropriate locations for more minor proposals to complement existing units, although their principal role and their key ‘anchor’ should remain in convenience goods.

Retail Warehousing 7.80. PPG6 defines retail warehouses as large single level stores specialising in the sale of household

comparison goods (such as carpets, furniture and electrical goods) and bulky DIY items, catering mainly for car borne customers and often in out-of-centre locations. The PPG accepts that some forms of retailing, such as large stores selling bulky goods or large showrooms, may not easily be able to find suitable sites in town centres, and accepts the legitimacy of this form of retailing, for which provision should be made.

7.81. Headroom figures for the bulky goods sector suggests that there is a need to make additional

floorspace provision in the Maidstone/Malling Planning Area up to 2006. Any such provision needs to follow the sequential test embodied within sustainability principles. Following a search for sites to accommodate bulky goods retailing, it is proposed to allocate a further two sites. Making these controlled releases to meet the majority of the identified headroom provides certainty to investors, retailers and local people. These sites are all consistent with the principles of PPG6 and Structure Plan policies R1 and R4.

7.82. The Borough already has a dozen edge-of-centre or out-of-centre non-food retail warehouse

units, varying in size from under 929 m2 to almost 4,650 m

2. These sell a variety of goods,

including DIY products, kitchens, carpets, furniture and clothing. In addition to this 23,900 m2 of

floorspace in the Borough, there is a further 18,100 m2 just outside the Borough to the north-west,

with over 80% of this being on the 10 unit South Aylesford Retail Park.

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7.83. The Donaldson’s Study identifies that there will be sufficient trading ‘headroom’ at 2006 in the Maidstone/Malling Planning Area to support an additional 17,950 m

2 of floorspace. The location

of this new floorspace needs to follow the sustainability principles and sequential locational test of PPG6 and the Structure Plan. This Local Plan also needs to provide certainty for investors, retailers and local people alike. For that reason, this Plan makes allocations to accommodate the majority of that growth. Two sites are allocated for the accommodation of the bulky goods sector, and these are outlined in policies R5 and R6 above.

7.84. These allocations should provide approximately 7500 m

2 of floorspace against the headroom

figure identified in the Donaldson’s study. In addition, the recent completion of a unit for Clarke’s (furniture retailers) on the northern edge of the town centre, and the granting of planning permission for a retail warehouse unit at St. Peter’s Wharf, need to be added into the calculation. This brings the total provision up to approximately 10,480 m

2.

7.85. It is not considered necessary to allocate sites to meet the full headroom floorspace figure as it is

appropriate to allow some provision to occur in the town centre in a traditional High Street format, although it is acknowledged that relatively little is likely to come through in this way. There is also sufficient leeway in the notional floorspace figures attached to the allocated sites that they may actually provide a greater proportion than indicated of the necessary floorspace. If additional sites are necessary, criteria-based policies R1 and R2 will provide an appropriate basis for their assessment.

POLICY R13 SITES ARE ALLOCATED TO MEET THE MAJORITY OF THE ESSENTIAL

REQUIREMENTS AND FUTURE TRADE POTENTIAL OF THE BULKY GOODS SECTOR

(POLICIES R5 AND R6). ANY OTHER PROPOSALS WILL BE DETERMINED UNDER

POLICIES R1 AND R2. 7.86. Development proposals at Aylesford Retail Park have been submitted to the neighbouring

Authority, but close to the margins of Maidstone town, and within the Maidstone/Malling Structure Plan area. Tonbridge and Malling Borough Council have resolved to grant planning permission for

approximately 23,000 m2 of bulky goods floorspace on land adjoining Aylesford Retail Park, and

this proposal is currently the subject of consideration by the Government Office for the South

East. Should planning permission be granted, the additional 23,000 m2 coupled with the 7750 m

2

allocated in this Local Plan will exceed the headroom figure.

Factory Outlet Centres and Warehouse Clubs 7.87. New forms of retailing include factory outlet centres and warehouse clubs, both of which depend

on good access to the national road network because retailers aim to serve customers who will come by car. Some patterns of retailing, such as discount and club shopping, may emerge where convenience and price are more important to the customer than packaging, presentation or service.

7.88. Purpose-built factory outlet centres are a relatively new phenomena in the UK and are groups of

shops - usually away from the town centre - specialising in selling seconds and end-of-line goods at discounted prices. Increasingly, however, they have come to sell High Street goods in direct competition with town centre retailers.

7.89. For factory outlet centres, the issue for planning policy purposes is not whether goods are sold at

a discount, but whether such retail developments would divert trade in comparison goods from existing town centres, whether they would be accessible by a range of means of transport and, in particular, whether they would have a significant effect on overall car use. These centres would draw customers from a wide catchment area predominantly by car, and as a result are unlikely to be consistent with sustainability concerns and the policies in this Plan, unless these issues can be satisfactorily resolved.

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7.90. Warehouse clubs are businesses, again usually located out-of-centre, specialising in bulk sales of reduced priced goods in unsophisticated buildings with large car parks. Operators may limit access to businesses, organisations or classes of individual, and may agree to limit the number of lines sold. Maidstone already has a warehouse club operator, in the shape of Matalan, which sells clothing and toiletries from former retail warehouse premises in the Broadway Centre on the western edge of the town centre. It appears to the Borough Council that this is an entirely appropriate form of building for such a use in an acceptable location allowing, as it does, people to link trips to Matalan with trips to the adjacent food superstore and nearby town centre.

7.91. Proposals for factory outlet centres will be determined under the auspices of policies R1 and R2

as class A1 uses. 7.92. Many warehouse club operators assert that their use does not fall within Class A1 (shops) but is a

sui generis use. Therefore, these require specific consideration. Despite restrictions on those who may shop in warehouse clubs or the range of goods that can be sold, these outlets often share many of the characteristics of very large retail outlets, In which case they will be treated as if they were retail businesses, in the context of policies in this Plan.

POLICY R14 WAREHOUSE CLUBS AND UNITS WHICH SHARE MANY OF THE

CHARACTERISTICS OF VERY LARGE RETAIL OUTLETS WILL BE TREATED AS IF THEY

ARE CLASS A1 (SHOP) USES IN THE CONTEXT OF POLICIES IN THIS PLAN. THE

CONSIDERATIONS IN POLICY R1 WILL PROVIDE AN APPROPRIATE CONTEXT FOR THE

ASSESSMENT OF SUCH PROPOSALS.

Convenience Shopping 7.93. In recent years there has been an increasing trend to the provision of large convenience

superstores outside the town centre. Such stores can provide the full range of convenience goods expected by the modern shopper in a location reasonably close to home but usually requiring access by car. Their provision does not appear to affect the vitality of the town centre, although an over abundance of such large new stores could lead to the closure of town centre foodstores and severely prejudice the viability of the established pattern of district and local centres. There are significant stores at Larkfield and Quarry Wood (Tonbridge & Malling Borough), Allington, Grove Green, Tovil, and Sutton Road in south east Maidstone.

Superstores and Large Supermarkets 7.94. The Borough Council’s retailing headroom figures to 2006 indicate that there is no scope for

additional provision of convenience floorspace approaching large supermarket or superstore dimensions in the Borough up to 2006. They do, however, identify that there is scope for up to 830 m

2 of convenience goods floorspace which, in the Council’s view, can best be provided in a

series of smaller convenience proposals. This capacity should be used to expand existing facilities at district and local centres (or in the town centre) or to create new local centres in those parts of the town that are deficient in this regard. Policy R10 deals with this issue. In the light of these considerations it is proposed to resist any applications for further large supermarkets or superstores.

POLICY R15 PROPOSALS FOR THE DEVELOPMENT OF FURTHER LARGE

SUPERMARKETS OR SUPERSTORES (UNITS OF 1,000 SQUARE METRES OR MORE) WILL

NOT BE PERMITTED. PROPOSALS FOR SMALLER CONVENIENCE STORES OR

SUPERMARKETS WILL BE PERMITTED IN THE TOWN CENTRE OR DISTRICT AND LOCAL

CENTRES, AS DEFINED ON THE PROPOSALS MAP, SUBJECT TO THE CRITERIA IN

POLICIES R1, R2 AND R10.

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Local Centres and Local Shopping Facilities

7.95. As has already been noted, local centres and local convenience stores are important in meeting the essential day-to-day needs of local people within walking distance of their homes. Their role is dealt with in detail in the sections above and policies R10 and R11.

Shops Associated with Petrol Filling Stations

7.96. In the last fifteen years an increasing trend has been the establishment of a shop as part of the redevelopment, or development, of a petrol filling station. Often, these shops are promoted as supermarkets, and some of them are quite large. It is recognised that such shops can fulfil a local need where no other local shop is available. However, it is of concern to the Borough Council that these shops could provide a threat to the continued viability of established local shops, particularly in the rural areas and villages, by taking both their local and passing trade. These issues will be borne in mind in assessing such proposals under the terms of policy R1 above.

Amusement Centres 7.97. Following the guidance in PPG6, the Borough Council recognises that amusement

centres/arcades can give rise, singly or in concentrations, to concerns about visual amenity, noise, disturbance and their close proximity to other uses. Noise and general disturbance, which depend partly upon the kind of amusement proposed and the expected clientele, greatly affect amenity but can sometimes be attenuated by imposing conditions. Amusement centres are most appropriately sited in Secondary Shopping Areas (see Policy R8) or in areas of mixed commercial development (such as parts of certain Tertiary Town Centre Areas). They are unlikely to be acceptable in visually sensitive areas - such as Conservation Areas - or quiet areas (close to housing, churches, hospitals, etc.). They will not be acceptable in the Core Shopping Area.

7.98. Premises with amusement-with-prizes machines require - in addition to planning permission - a

permit from the Borough Council under the Gaming Act 1968 before they can operate. There is no connection between these two separate permissions. It must be borne in mind that planning and licensing are two separate control regimes, intended to address separate issues.

POLICY R16 THE COUNCIL WILL PERMIT AMUSEMENT CENTRES WITHIN THE

SECONDARY OR TERTIARY TOWN CENTRE AREAS, PROVIDED THAT SUCH PROPOSALS

WOULD NOT BE DETRIMENTAL, BY REASON OF THEIR UNDULY CLOSE PROXIMITY, TO

RESIDENTIAL PROPERTY, SCHOOLS, PLACES OF WORSHIP, HOSPITALS OR HOTELS

OR TO THE CHARACTER OF THEIR SURROUNDINGS, BY THEIR LOCATION WITHIN

CONSERVATION AREAS OR WITHIN BUILDINGS OF SPECIAL ARCHITECTURAL OR

HISTORIC INTEREST (OR THEIR SETTING).

Takeaways, Restaurants, Cafes, Bars and Pubs

7.99. A variety of Class A3 (food and drink) and other, similar, uses both benefit the community and give rise to concerns about noise, litter, access and parking. If not properly regulated they can have an adverse impact on neighbouring land uses and particularly residential amenity by way of noise, disturbance from car doors, etc. Nightclubs, leisure and entertainment uses are dealt with under policy CF14 in the Community Facilities Chapter.

7.100. These uses can greatly improve the vitality of a centre, bringing in customers both during the day

and into the evening. They assist in the development of the leisure economy, diversify the uses in a centre, and help towards the creation of the 24 hour centre. However, such uses may also disturb nearby residents, and the amenities of such residents need to be fully considered.

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Proposals for these uses also need to address concerns about access, the need for safe, secure car parking (preferably close by) and the volume of likely traffic that will be generated.

7.101. Changes of use can sometimes create concentrations of single uses, such as restaurants and

take-away food outlets, where the cumulative effects can cause local problems. Proposals should be assessed not only on their positive contribution to diversification, but also on their cumulative effects on such matters as loss of retail outlets, traffic, parking and local residential amenity.

POLICY R17 THE COUNCIL WILL PERMIT HOT FOOD SHOPS, RESTAURANTS, CAFES,

BARS AND PUBLIC HOUSES OUTSIDE THE CORE SHOPPING AREA TO WHICH POLICY

R7 APPLIES, PROVIDED THAT THE FOLLOWING CRITERIA ARE MET:

(1) THAT THERE IS NO DETRIMENTAL EFFECT, BY REASON OF HOURS OF OPENING,

FUMES AND SMELLS OR NOISE AND DISTURBANCE, TO NEARBY OR ADJOINING

USES AND ESPECIALLY RESIDENTIAL AMENITY; AND

(2) THAT THE EFFECT OF ONE OR A CONCENTRATION OF SUCH USES WOULD NOT

BE DETRIMENTAL TO THE VITALITY AND VIABILITY OF ANY DISTRICT OR LOCAL

CENTRES WITHIN WHICH THEY MAY BE LOCATED.

Vehicle Sales and Showrooms 7.102. A review of the adopted 1993 Maidstone Borough Local Plan policy regarding vehicle sales and

showrooms has been undertaken. Such uses can be land extensive, particularly as the sales area is often combined with vehicle storage areas, valeting, servicing and maintenance facilities in the modern vehicle trade. It is not appropriate to seek to find sites or premises in, or on the edge of, the town centre or local centres for these uses because of their extensive nature, the noise and general disturbance that they generate, and the highways issues surrounding access, parking and servicing of these units.

7.103. The Borough Council proposes to make provision for such uses in locations where they can be

most easily assimilated in terms of their impact and where the nature of their operation is most readily compatible with neighbouring uses.

7.104. In recent years there has developed a concentration of vehicle sales and showrooms at the

northern end of the Parkwood Industrial Estate (designed under policy ED2). Practical experience has suggested that, given appropriate safeguards, industrial estates are, in principle, an appropriate location for such uses. The Council now proposes to permit vehicle sales and showrooms on a number of the Borough's designated Economic Development Areas that are appropriate in character, subject to the satisfactory resolution of a number of amenity and other concerns.

7.105. Principal amongst these concerns is employment and the retention of a base of manufacturing

industrial employment in the Borough. As noted in the Economic Development Chapter, Maidstone's manufacturing industrial employment base has declined in recent years. It is the intention of both the Borough and County Councils to retain such a base, and with this in mind, new land is being allocated for Class B2 purposes and existing, appropriate, industrial areas are being designated for such uses and protected from invasive, alternative uses. It is necessary to balance ensuring that the Economic Development Areas are retained for the important purposes for which they were designated, with also recognising that certain jobs in the engineering sector are directly related to vehicle sales. The creation of new jobs in the engineering sector may only be possible by permitting vehicle sales and showrooms to locate on Economic Development Areas.

7.106. There are also concerns about highways issues which need to be addressed, as is the situation

with the impact on neighbouring land uses or residential amenity. Noise and general disturbance

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will be particular concerns where the site proposed is close to residents, although account will need to be taken of the amount and nature of noise already generated in the area.

7.107. The Borough Council will usually impose conditions on any planning permission to avoid a

subsequent change in the character of the development which would be contrary to the adopted retail strategy. This is in line with the guidance in PPG6.

POLICY R18 THE COUNCIL WILL PERMIT VEHICLE SALES AND SHOWROOMS AND

ANCILLARY FACILITIES IN THE FOLLOWING AREAS, AS DEFINED ON THE PROPOSALS

MAP:

(i) FORSTAL ROAD, AYLESFORD;

(ii) 20/20 SITE, ALLINGTON;

(iii) PARKWOOD INDUSTRIAL ESTATE, MAIDSTONE;

(iv) PATTENDEN LANE, MARDEN;

(v) LORDSWOOD INDUSTRIAL ESTATE, LORDSWOOD;

(vi) WEST OF PATTENDEN LANE, MARDEN;

(vii) COOMBE QUARRY NORTH, MAIDSTONE;

(viii) STATION ROAD, STAPLEHURST;

(ix) FARLEIGH HILL/STRAW MILL HILL, TOVIL;

(x) ST. MICHAELS CLOSE, AYLESFORD;

(xi) STATION ROAD, HARRIETSHAM; AND

(xii) TENACRE PARK, HARRIETSHAM.

PROVIDED THAT ALL OF THE FOLLOWING CRITERIA ARE MET:

(1) THAT THE SALESROOM OR OPEN SALES AREA ARE COUPLED WITH A

SUBSTANTIAL ELEMENT OF CLASS B2 (GENERAL INDUSTRIAL) FLOORSPACE;

AND

(2) THAT THERE IS NO DETRIMENTAL EFFECT, BY REASON OF HOURS OF TRADING,

FUMES AND SMELLS OR NOISE AND DISTURBANCE, TO NEARBY OR ADJOINING

USES AND RESIDENTIAL AMENITY; AND

(3) THAT ARRANGEMENTS FOR GENERAL ACCESS, CUSTOMER AND EMPLOYEE

PARKING, SALES DISPLAY AND VEHICLE DELIVERY ARE ADEQUATE; AND

(4) THE PRESENCE OF ANY SIMILAR USES IN THE LOCALITY AND THE COMBINED

EFFECT THAT ANY SUCH CONCENTRATION WOULD HAVE, WOULD BE

ACCEPTABLE IN TERMS OF ENVIRONMENTAL IMPACT AND HIGHWAY SAFETY;

AND

(5) MEASURES FOR THE MITIGATION OF NOISE AND GENERAL DISTURBANCE

EMANATING FROM THE DEVELOPMENT MUST BE PROPOSED TO THE

SATISFACTION OF THE BOROUGH COUNCIL.

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THE COUNCIL WILL HAVE REGARD TO THE APPROPRIATENESS OF IMPOSING

CONDITIONS TO ENSURE THAT ANY VEHICLE SALES/SHOWROOMS PERMITTED UNDER

THIS POLICY DO NOT SUBSEQUENTLY CHANGE THEIR CHARACTER UNACCEPTABLY.

Living Over the Shop 7.108. Many town centres exist only as retail and commercial areas: once the shoppers and workers go

home, the streets become deserted. There are few attractions for people to visit, and the dark, empty streets encourage people to feel insecure about their personal safety. It is the Borough Council's wish to continue to avoid this situation in Maidstone. The promotion of a mix of uses in the Secondary Shopping Areas, and of an even wider variety of uses in the Tertiary Areas, is one planning initiative aimed at encouraging the development of a 24 hour centre for all the community.

7.109. Whilst many people, especially younger people, will perceive the 24 hour centre concept as

meaning bars, nightclubs, restaurants and leisure uses, this is only one aspect of the approach. Another equally important strand is provision for quieter, more reflective, contemplative uses - religious institutions, health and education facilities, museums, galleries, etc. Part of this latter, quieter, strand - albeit it of a private, rather than a public, nature - is the retention and enlargement of a living, residential community in the town centre.

7.110. This can be composed of a wide variety of both people and accommodation. Many people will

find it an attractive proposition to live in the centre because of the ready and immediate availability of a wide variety of facilities, or because it is their place of employment, or because they do not have (or do not need) a car, and the town centre is the hub of the public transport network. Accommodation can vary from simple, Victorian terraced housing in some of the Tertiary Areas to flats or bedsits over shops or similar premises in the Core or Secondary Areas.

7.111. Plainly there are potential conflicts between some late-night central area uses, which may

generate noise or other nuisance, and the needs of residents in gaining a quiet night’s sleep. Juxtapositions of contrasting uses need to be carefully considered. However, as a general principle, the Borough Council is keen to encourage a residential community in the town centre.

7.112. Many shop and similar uses do not make full beneficial use of the accommodation that exists

above the ground or first floors of their premises. Often, access to the upper storeys has been removed. The result is that neglect and dereliction of the upper storeys can ensue, with defects to roofs or guttering going unnoticed and un-repaired until rain water penetration seeps through to the used, lower floors by which time the expense of repair can be very high. The dereliction of the upper storeys of premises is also a wasting, non-revenue generating resource for freeholders, and a social injustice at a time when there are so many people needing homes.

7.113. Recognising this, the Government has backed the ‘Living Over the Shop’ initiative begun in 1989.

This encourages freeholders, investors and retailers to make a positive use of the upper storeys of their premises for residential use. Such residential units need not be connected with the retail use in the unit below, but can be entirely separately owned, managed or occupied. A residential use offers an additional source of income to supplement that of the retail unit; extra security against burglary out of shop hours (the sheer proximity of potential witnesses acts as a deterrent); and creates a sustainable resource whose occupants will act as ‘guarantors’ against any deterioration in the physical fabric of the roof, etc.

7.114. The Council positively encourages residential accommodation above all suitable retail premises

and, because the benefits outlined above are equally relevant wherever the premises, proposes to make this policy initiative applicable in the town centre, local centres and village shops.

POLICY R19 THE COUNCIL WILL NOT PERMIT THE REMOVAL OF INDEPENDENT MEANS

OF ACCESS TO THE UPPER STOREYS OF PREMISES (WHICH ARE OTHERWISE

SUITABLE FOR RESIDENTIAL OCCUPATION) WHERE THE GROUND FLOOR IS (OR LAST

WAS) IN EITHER CLASS A1, A3 RETAIL OR RETAIL TYPE USE OR CLASS B1 BUSINESS

USE.

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CHANGE OF USE FROM RESIDENTIAL ACCOMMODATION IN PREMISES WHERE THE

GROUND FLOOR IS (OR LAST WAS) IN THE ABOVE RANGE OF USES WILL NOT BE

PERMITTED UNLESS IT CAN BE SHOWN THAT THE ACCOMMODATION IS, BECAUSE OF

LOCATION, DESIGN OR LACK OF FACILITIES, NO LONGER OR POTENTIALLY SUITABLE

FOR OCCUPATION.

THE COUNCIL WILL GIVE POSITIVE ENCOURAGEMENT TO ‘LIVING OVER THE SHOP’

PROJECTS IN ALL SUITABLE PREMISES IN THE TOWN CENTRE, LOCAL CENTRES AND

VILLAGE SHOPS.

Environmental Assessment 7.115. In accordance with the guidance at paras 4.16-4.22 of PPG12 - "Development Plans” the policies

in this chapter have been subject to environmental appraisal. Most of the policies clearly score positively because they are closely allied to the achievement of sustainable aims and follow the locational sequential test.

7.116. The policies that directly relate to locations for new development satisfy the principles of

sustainability by promoting accessible, central or local locations where there are opportunities to use means of transport other than the private car. These locations also facilitate linked trips, reducing both the number and the length of car journeys with consequent savings in polluting emissions and consumption of finite fossil fuels. They also serve to reduce demand for new built development on fresh land outside the presently built-up confines of urban and village settlements. The new allocations provide for the use of brown land or under utilised holdings.

7.117. The policies that focus on uses which may give rise to concerns on possible nuisance grounds

will not, generally, make a contribution to global sustainability but will assist in the retention and creation of an attractive local environment. This will help in the reduction of demand for development and population dispersal.

7.118. The policy on vehicle sales and showrooms is likely to be essentially unsustainable in a global

sense, but regard has to be had to the local environment. The locations proposed for these uses will generate out-of-centre car trips, but there is the potential to create linked trips by allowing several similar uses to locate close together (as on the Parkwood Estate).

7.119. Overall, the policies in the Retailing Chapter demand that environmental resources are

safeguarded for future generations, and that brown land should be recycled in preference to the use of fresh land on the urban periphery or in the countryside.

Monitoring 7.120. The performance of this Plan in meeting its aims with regard to retailing will be judged against the

following indicators:

(i) changes in the vitality and viability of the town centre, local centres and village centres through regular footfall and vacancy rate surveys;

(ii) by monitoring planning decisions, changes of use to and from retail uses within the town

centre, local centres and village centres;

(iii) by monitoring planning decisions, changes in the hierarchy of uses within the town centre, local centres and village centres;

(iv) changes in the hierarchy of convenience, comparison and bulky goods sectors within the

town centre through regular land use surveys; and

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(v) by monitoring planning decisions, the amount and type of new retail floorspace permitted within, at edge of, or outside of town, local and village centres.

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PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A

STRUCK THROUGH LINE E.G. CF4. AS MORE OF THE LDF REPLACES THE 2000 LOCAL

PLAN, MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS

IMPORTANT TO ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL

CONTEXT OF THE POLICIES CAN STILL BE SEEN.

COMMUNITY FACILITIES

Introduction 8.1. The Community Facilities Chapter deals with a variety of uses that provide publicly available

facilities for the benefit of the community as a whole. Essentially they split into medical, educational and community hall facilities which will be provided by general practitioners (acting with the agreement of the West Kent Health Authority), the County Education Authority and the Borough/Parish Councils respectively. This chapter also deals with arts, cultural and leisure uses and burial grounds, which are provided by a variety of private and public sector organisations. Accordingly the principal purpose of this chapter is to deal with the land use implications for the provision of facilities which respond to social and community needs, and to contribute to the quality of life for residents.

National and Strategic Context 8.2. Since the early 1990s there has been increased emphasis on development being in accord with

sustainable principles. Following the Earth Summit in January 1994 the Government published "Sustainable Development: the UK Strategy" which emphasised the need for the planning system to encourage patterns of development that minimise the need to travel and promote alternative transport choices to the car (cycling, walking and public transport).

8.3. PPG13 - "Transport" (March 1994) provides advice on the location of different forms of

development. Facilities covered by this chapter either serve a broad catchment (and so should be located in the town centre) or the local community, and as such planning policies should encourage their location close to their clients in residential areas or local centres so that they are accessible on foot or by bicycle. This advice is now reiterated in PPG6 - "Town Centres and Retail Developments" of June 1996.

8.4. PPG12 - "Development Plans" states that the provision of infrastructure and the need for

additional facilities should be taken into account in the preparation of development plans. Circular 1/97 confirms that social, recreational and education facilities, for instance, may be appropriate facilities for which to seek developer contributions.

8.5. The Kent Structure Plan 1996 recognises the need for new development to be tied to

infrastructure provision (including community facilities). This reflects the need for co-ordinated implementation, and indicates the relationship between infrastructure provision and land availability. Policy S9 requires District Councils to have regard to the need for community facilities and services (including education, health and cultural facilities) in preparing Local Plans and considering development proposals.

8.6. The Kent Planning Officers' Group (KPOG), a body representing the strategic and local planning

authorities in Kent and also the Medway Council, established a Working Party on developer contributions towards the provision of community facilities in 1994. It particularly focused on the statutory services provided by the County Council in the areas of education, social services, transportation, arts and libraries. The Working Party identified that it was imperative, if communities are to be well balanced and sustainable, that they should have access to good quality facilities.

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8.7. The financial responsibility, KPOG agreed, for achieving this should rest with the development which creates this extra demand. The lawfulness of this approach has now been established in case law. KPOG agreed a standard policy approach to this issue, and also established a closer working relationship between County Council service departments and local planning authorities in assessing the service needs of local plan proposals. Transportation is dealt with separately in policy T23.

Local Context 8.8. The Borough as a whole has a population in excess of 140,000, two thirds of which live in the

Maidstone urban area. Consequently, major health, educational, cultural and leisure facilities are concentrated in Maidstone. Facilities to serve local communities are located close to their client base.

8.9. Over the last 20 years there has been considerable rationalisation of major NHS health facilities in

the Borough. The phased opening of the Maidstone Hospital in Hermitage Lane, on the western edge of urban Maidstone, has led to the closure of a number of smaller, older hospitals: West Kent, Fant Lane, Lenham, Linton and Oakwood Hospitals. The Ophthalmic and Aural Hospital, Church Street in Maidstone town centre is also likely to close within the Plan period, with services being relocated to Hermitage Lane and elsewhere. The peripheral location of the Maidstone Hospital would no longer be supported by Central Government sustainable development policies, but expansion of the site continues. There are also two private hospitals in the Borough.

8.10. Throughout the urban and rural areas there are a series of smaller medical centres, general

practitioners' surgeries, dental surgeries and ophthalmic and other specialist practices although almost one third of villages have no doctors' surgeries of their own. Of these, half have no bus service which runs directly to the nearest surgery, which invariably encourages reliance on the private car if patients wish to visit their GP. The situation is even worse in the context of access to the nearest hospital: over 75% of villages in the Borough have no direct bus service, again forcing out-patients and those visiting friends and relatives in hospital to use the private car.

8.11. In education there are 52 primary schools in the Borough, of which two are foundation schools.

There are 26 villages which have no village primary school. There are also 12 secondary schools in the Borough, including single-sex, technology and grammar schools, and of these three are foundation schools. In addition there are two special schools. In terms of education planning the County Council retains strategic responsibility for primary schools, but at present shares responsibility with the Funding Agency for Schools for secondary education. Inevitably this complicates consultation on forward planning issues.

8.12. In tertiary education, the principal resource is Mid Kent College which has 3000 students at the

Oakwood educational campus in west Maidstone (and also operates from two other sites in the Medway Towns). This offers a variety of GCSE, A-level, BTec and NVQ courses and also provides distance learning degree courses in conjunction with the University of Central London. The 750 student Kent Institute of Art and Design (KIAD), which is also based at Oakwood, specialises in graphic arts. ITEC provide information technology courses, whilst both the European School of Osteopathy and the John Wernham College of Classical Osteopathy provide degree-level courses. There are also a number of language schools and Kent County Council (KCC) adult education centres in urban Maidstone and a unit of Hadlow College at Oakwood Park.

8.13. Arts, cultural and leisure facilities tend to be located in urban Maidstone if they are of any size.

The town centre is the principal location for leisure uses such as nightclubs, art galleries, etc although there are sporting and religious facilities across the Borough. Many suburbs and 32 villages have community halls which help to provide a focus for local people in service provision and to create a sense of pride and identity in the local community. The Borough Council has grant aided the provision and refurbishment of such community halls for a number of years.

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8.14. Community facilities for the Walderslade and Lordswood areas of the Borough tend to be provided in the administrative area of the new Medway Towns Council.

Aims and Objectives 8.15. The Borough Council is resolutely committed to the principle of balanced and sustainable

communities across the Borough. It accepts the need for adequate, phased provision of both infrastructure and community facilities of an appropriate quality as new development proceeds. The Borough Council also accepts, in common with the other KPOG authorities, that it is right that at least part of the responsibility (and cost) of such new facilities should be borne by the development which creates this extra demand. Such facilities should be located in accordance with sustainable principles identified in Strategic Objective 1, and existing facilities which meet those criteria and are still needed, should be protected from prejudicial development. The Borough Council will seek to maintain and enhance the existing medical, educational, assembly and leisure and community hall uses and facilities in the town centre, local centres and the villages. Proposals for such major new development serving a wide catchment area should be located in, or on the edge of, the town centre. Smaller scale new, local, facilities serving essentially local needs should be in, or on the edge of, local centres or within village boundaries. The enhancement of community facilities will need to improve the quality, attractiveness, character and functioning of the centre along with the economic and social life of the community, without undermining the vitality or viability of the centre. New facilities will promote more linked trips and assist in the reduction of private car reliance ensuring that it is easily and safely accessible by a choice of transport modes including cycling, walking, and frequent, reliable and convenient public transport, with easy and safe access for disabled people in a dignified manner. Also any provision of community facilities will have no adverse impact on other major land uses, particularly the supply of housing and employment land.

Seeking New Community Facilities 8.16. Department of the Environment, Transport and the Regions Circular 1/97 on legal agreements

advises that local planning authorities may legitimately seek from a developer a commitment to construct new facilities or make a contribution towards social, educational or other community provision, where such a contribution is reasonably related in scale and kind to the proposed development, and meets an identified need.

8.17. Residential development or redevelopment proposals can place extra demands on local

community facilities and services. The larger the development, the greater the implications will be. Adequate provision of community facilities should, therefore, be seen as an essential part of residential proposals. In considering new residential or redevelopment proposals, the Council will seek, as appropriate, legal agreements to secure suitable contributions to enhance facilities where existing provision is, or would be, inadequate to meet the needs of that development.

POLICY CF1 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 BY PLANNING CONDITIONS OR BY PLANNING OBLIGATIONS.

Re-Using Public Land and Community Facilities

8.18. Where publicly owned land or buildings, or existing community uses (either land or buildings), become redundant for their purpose, the Borough Council will have regard to the ability of the land or buildings to be re-used for community facilities where there is an identified shortfall of such facilities. Thus, where a primary school may close due to falling rolls and there is an identified shortfall of public open space and library facilities in the locality, the Borough Council will press for

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the re-use of the redundant site for these purposes. Seizing such opportunities is more cost-effective to the public purse, particularly where alternative opportunities to provide such facilities may be severely limited due to physical or environmental constraints.

POLICY CF2 IN CONSIDERING PROPOSALS FOR THE DEVELOPMENT OF PUBLICLY

OWNED LAND OR FOR THE CHANGE OF USE OF EXISTING REDUNDANT COMMUNITY

FACILITIES, THE BOROUGH COUNCIL WILL NEED TO BE SATISFIED THAT AN

IDENTIFIED NEED FOR COMMUNITY FACILITIES, THAT COULD BE MET ON THE SITE,

DOES NOT EXIST.

Loss of Community Facilities 8.19. The significant loss of educational, medical or community hall facilities which are used by the local

community would be contrary to national, strategic and Borough Council aims. Such a loss may be either in a geographic zone or in a particular sector (such as a dental practice or a community hall). Whether a loss of such facilities is significant can only be judged in terms of the scale and nature of the facilities of the area and the availability of alternative facilities in the locality that can be reached by alternatives to the private car.

POLICY CF3 PROPOSALS WHICH WOULD LEAD TO A SIGNIFICANT LOSS OF

COMMUNITY FACILITIES WILL NOT BE PERMITTED UNLESS A REPLACEMENT FACILITY

ACCEPTABLE TO THE BOROUGH COUNCIL IS PROVIDED. 8.20. The Post Office has not advised the Borough Council of any specific land use requirements or

operational changes likely to affect the provision of postal services in the Borough. In the suburbs and the rural areas the Council will support applications from local shops which wish to obtain a sub-post office franchise from the Post Office where such a facility does not already exist locally. It will also seek to protect against the loss of local post offices, in line with the guidance in PPG6, under the terms of policy R11 in the Retailing Chapter.

POLICY CF4 THE BOROUGH COUNCIL, IN THE PROCESS OF DETERMINING PLANNING

APPLICATIONS, WILL PERMIT THE PROVISION OF ADDITIONAL SUB-POST OFFICE

FACILITIES WITHIN LOCAL CENTRES AND VILLAGES, ESPECIALLY IN AREAS WHICH

ARE LACKING OR DEFICIENT IN SUCH PROVISION.

Medical Services 8.21. Notwithstanding the provisions of paragraph 8.15, given the substantial investment in medical

facilities at Maidstone Hospital, the Borough Council will support continued expansion of the site subject to the policies of the Environment Chapter and improved facilities for access to the site by means other than the private car. Particular attention should be paid to provision for cyclists and pedestrians.

8.22. Changes in the provision of health services are leading to the establishment of larger premises for

a number of doctors and dentists on a group basis. As a consequence, activity levels are becoming more concentrated in comparison to the smaller facilities which have traditionally been located within, or adjacent to, residential areas. Such facilities should be accessible to the community they serve, though with reduced reliance on patients visiting by car. The proposal may be in conflict with the character of the area and the amenity of the occupants of neighbouring residential properties. Care will therefore be required in locating and designing new premises, or extending existing premises to ensure that harm does not result.

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8.23. The Borough Council may impose conditions restricting the hours of use, to safeguard the amenities of neighbouring properties, and restricting the number of rooms that may be used for consulting and surgery purposes, in order to comply with parking and amenity considerations.

POLICY CF5 THE BOROUGH COUNCIL WILL PERMIT PROPOSALS FOR NEW,

REPLACEMENT, OR EXTENSIONS TO, DOCTORS’ AND DENTAL SURGERIES, INCLUDING

GROUP PRACTICES, PROVIDED THAT THEY DO NOT HAVE AN ADVERSE IMPACT ON

THE CHARACTER AND AMENITIES OF RESIDENTIAL AREAS, PARTICULARLY IN

RELATION TO CAR PARKING AND TRAFFIC GENERATION. PROPOSALS MUST COMPLY

WITH ENVIRONMENTAL POLICIES. 8.24. Following discussions with the West Kent Health Authority it has been identified that certain of the

new housing proposals in this Plan will overload existing facilities provided by GPs. In line with Policy CF1 above, the Council will seek to reserve land on these sites for new GP's surgeries.

POLICY CF6 LAND WILL BE IDENTIFIED AND RESERVED FOR THE DEVELOPMENT OF

GENERAL MEDICAL PRACTITIONERS’ SURGERIES ON THE FOLLOWING SITES, AS

DEFINED ON THE PROPOSALS MAP:

(i) LAND EAST OF HERMITAGE LANE, MAIDSTONE (SEE POLICY H1(xvii)); AND

(ii) OAKWOOD HOSPITAL, MAIDSTONE (SEE POLICY H1(xi)).

DEVELOPMENT SHOULD COMPLY WITH ENVIRONMENTAL POLICIES AND MAKE

PROVISION FOR ACCESS BY MEANS OTHER THAN THE CAR.

Educational Provision 8.25. There are now a number of providers of educational facilities at a variety of levels: pre-school;

primary; secondary; and tertiary (further and higher). In the secondary phase the County Council currently shares the planning responsibility with the Funding Agency for Schools which inevitably makes forward planning fragmented and difficult to co-ordinate. All Further Education and Higher Education establishments now operate independently.

Playschool and Child-Minding Facilities 8.26. Changes in employment opportunities, combined with social and economic influences have

increased the numbers of women with full and part-time jobs. This situation has, in turn, increased the need for child-minding and creche facilities, which support this sector of the work force.

8.27. The Council is generally in favour of the provision of these facilities. However, where appropriate,

it may impose conditions restricting the hours of use and the number of children in attendance at any one time, in order to safeguard the amenities of neighbouring properties. A concentration of such facilities in residential areas, which may cause disturbance to neighbours, will not therefore be permitted.

POLICY CF7 THE BOROUGH COUNCIL WILL PERMIT PROPOSALS FOR THE PROVISION

OF PLAYSCHOOL, CHILD-MINDING AND CRECHE FACILITIES WITHIN THE DEFINED

URBAN AREAS AND VILLAGE BOUNDARIES, PROVIDED THAT THE FOLLOWING

CRITERIA ARE MET:

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(1) THE DEVELOPMENT IS ACCEPTABLE IN THE CONTEXT OF ENVIRONMENTAL

POLICIES AND ITS IMPACT ON THE SURROUNDING AREA; AND

(2) THE SITE IS CAPABLE OF BEING ADEQUATELY SCREENED AND IT IS POSSIBLE

TO PROVIDE APPROPRIATE LANDSCAPING WITH INDIGENOUS SPECIES; AND

(3) ARRANGEMENTS FOR ACCESS, PARKING AND SERVICING OF THE PROPOSED

DEVELOPMENT ARE ADEQUATE AND THERE ARE NO HIGHWAY OBJECTIONS TO

THE PROPOSED USE OF THE SITE; AND

(4) THERE IS NO DETRIMENTAL IMPACT ON NEIGHBOURING LAND USES OR

RESIDENTIAL AMENITY.

Primary Schools 8.28. Certain primary school premises in the Borough are considered to be in need of replacement,

either by reason of the size, the age or the condition of the premises. As Local Education Authority the County Council proposes to provide a replacement Voluntary Church of England Primary School at Harrietsham and another site is held at Green Lane, Platt’s Heath. The scale of the proposed new housing development at Oakwood (see policy H1(xi)) is such that a new primary school requires to be provided because there is no spare capacity in existing schools in the locality. A site has been identified in the south-west corner of the site at the junction of Hermitage Lane and St. Andrew’s Road.

8.29. There has been a long-standing allocation for a new primary school at Impton Lane, Walderslade

to serve the expanding population (see the 1992 Medway Towns Local Plan), but this site has now been declared surplus and construction of a table tennis centre is being pursued. The primary school proposal has been relocated to the Round Wood site, in combination with the long-standing ambition to develop a secondary school. The development of the land east of Hermitage Lane for housing will necessitate the construction of a new primary school to meet the extra demand.

POLICY CF8 LAND IS ALLOCATED, AS DEFINED ON THE PROPOSALS MAP, AT THE

FOLLOWING LOCATIONS FOR PRIMARY SCHOOLS:

(i) MARLEY ROAD, HARRIETSHAM;

(ii) GREEN LANE, PLATT’S HEATH;

(iii) ST. ANDREW’S ROAD, OAKWOOD, MAIDSTONE;

(iv) WALDERSLADE WOODS ROAD, ROUND WOOD, WALDERSLADE; AND

(v) LAND EAST OF HERMITAGE LANE, MAIDSTONE.

PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD

PREJUDICE THE IMPLEMENTATION OF THESE PROPOSALS UNLESS A SATISFACTORY

LOCAL ALTERNATIVE IS PROVIDED. DEVELOPMENT SHOULD COMPLY WITH

ENVIRONMENTAL POLICIES AND MAKE PROVISION FOR ACCESS BY MEANS OTHER

THAN THE CAR.

Dual Use of School Facilities

8.30. Many schools make their buildings and playing fields available for wider community use outside school hours. The Borough Council supports such ‘dual use’ of school facilities, as it makes a

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valuable contribution to a range of community activities. The continuation and expansion of dual use schemes will be encouraged by the Borough Council subject to reasonable security concerns. For example, when new schools are proposed the Borough Council will seek to ensure that the possibility of dual use is taken into account in their design and layout.

POLICY CF9 THE BOROUGH COUNCIL WILL SEEK TO ENSURE, WHERE APPROPRIATE,

THE PROVIDERS OF EDUCATIONAL FACILITIES TO MAKE PROVISION FOR DUAL USE OF

FACILITIES IN THE DESIGN OF NEW SCHOOLS AND WILL ENCOURAGE THE DUAL USE

OF EDUCATIONAL FACILITIES (NEW AND EXISTING) FOR RECREATION AND OTHER

PURPOSES. DEVELOPMENT PROPOSALS WHICH INCORPORATE DUAL USE WILL BE

PERMITTED EXCEPT WHERE THE INCREASED LEVEL OR DURATION OF ACTIVITIES IS

INCOMPATIBLE WITH LOCAL RESIDENTIAL AMENITY.

Temporary and Mobile Classrooms 8.31. Many schools in the Borough make extensive use of mobile classrooms. However, these

structures are often unsightly and, although initially intended to be used for a temporary period, tend to remain for many years. While the Council accepts that there may well be instances where short-term problems can justifiably be dealt with through the use of temporary buildings, it considers that the aim should be to provide proper purpose-built facilities.

8.32. At some schools, the County Council is able to grant itself planning permission for mobile

classrooms. However, Grant Maintained schools require planning permission from the Borough Council. In such instances, the Council will expect schools to assess whether existing accommodation could be better used and clearly demonstrate that there is a short-term need for additional teaching accommodation.

8.33. Short-term need may be justified when permanent accommodation is being constructed or

planned to meet a predicted peak in school rolls. In any event, temporary accommodation should not be intended to be used for longer than three years. When a demonstrated need exists, mobile classrooms should be sited so as to minimise their visual impact. When consulted on County Council applications, or in considering proposals for mobile classrooms, the Borough Council will discourage their use unless there is a proven short-term need.

POLICY CF10 THE BOROUGH COUNCIL WILL NOT GRANT PERMISSION FOR MOBILE

OR TEMPORARY CLASSROOMS, AND WILL RAISE OBJECTIONS TO SUCH PROPOSALS

BY THE LOCAL EDUCATION AUTHORITY, UNLESS THERE IS A PROVEN SHORT-TERM

NEED.

PROPOSALS SHOULD BE SITED TO MINIMISE VISUAL HARM AND DETRIMENT TO

RESIDENTIAL AMENITY, AND SHOULD BE IN ACCORDANCE WITH ENVIRONMENTAL

POLICIES. RENEWALS OF TEMPORARY CONSENTS WILL NOT BE PERMITTED. THE

CONSTRUCTION OF PERMANENT FACILITIES WILL BE ENCOURAGED.

Tertiary Education 8.34. The Borough Council will support, in principle, proposals for tertiary education, as reducing the

need to travel to such facilities is sustainable. Any such facilities will inevitably have a wide catchment area and, thus, consistent with PPG13, should be located in, or on the edge of, the town centre. Further expansion of tertiary education accommodation at the Oakwood Campus will need to be carefully considered given the mixed open and wooded nature of the campus, the lack of on-site parking facilities and the poor access.

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POLICY CF11 TERTIARY EDUCATION PROPOSALS WILL BE PERMITTED IN, OR ON THE

EDGE OF, THE TOWN CENTRE SUBJECT TO THE SATISFACTION OF ENVIRONMENTAL

POLICIES.

EXPANSION ON THE OAKWOOD CAMPUS WILL NEED TO PAY PARTICULAR ATTENTION

TO ENVIRONMENTAL AND TRANSPORTATION POLICIES AND WILL NEED TO BE

SENSITIVELY SITED.

Libraries 8.35. Since the last Local Plans were adopted the County Library Service has undergone radical

changes in the level of service it is able to provide. In the now superseded Maidstone Borough Local Plan 1993 sites were allocated for three new branch libraries. Since then the library at Shepway has been opened in the local centre, whilst the Grove Green and Loose Road sites have now been secured through the planning process. It is not, therefore necessary for them to be included as allocations in this Plan. Although the County Council now has no proposals to provide these libraries, the Borough Council continues to support the provision of a permanent library service to Grove Green and Loose.

Community Halls 8.36. The County and Borough Councils jointly operate a ‘Village Halls and Community Centres Grant

Aid Scheme' to assist the provision and refurbishment of halls for the community. Some parishes also raise finance for these centres themselves. The Borough Council will continue to grant aid the provision or refurbishment of village or community halls subject to the criteria set out in the Grant Aid Scheme and the availability of funds. Where practical, the Borough Council will also assist communities by allocating sites for these facilities. At Oakwood, as part of the housing scheme, the Council will seek a legal agreement to secure the necessary land in line with policy CF1 above.

POLICY CF12 LAND IS ALLOCATED, AS DEFINED ON THE PROPOSALS MAP, FOR NEW

OR REPLACEMENT COMMUNITY HALLS AT THE FOLLOWING LOCATIONS:

(i) EGERTON ROAD, RINGLESTONE;

(ii) BICKNOR ROAD, PARKWOOD; AND

(iii) OAKWOOD HOSPITAL SITE (SEE POLICY H1(xi));

SUBJECT TO THE SATISFACTION OF ENVIRONMENTAL POLICIES.

Arts and Cultural Facilities 8.37. The Borough Council provides a museum and art gallery in central Maidstone and grant aids a

number of other such facilities. As local planning Authority the Borough Council has little pro-active opportunity to increase the opportunities for arts and cultural entertainment, other than supporting new facilities (that are appropriate in scale, location and design in accordance with environmental and transportation policies) and facilitating continued improvement and upgrading of existing facilities through such things as improved access and sign-posting.

8.38. Major facilities that will have a wide catchment area should most appropriately be located in, or on

the edge of, the town centre to afford the widest possible opportunities for access by means other than the private car. More local, community based, facilities should be located in local centres or village centres.

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POLICY CF13 THE BOROUGH COUNCIL WILL PERMIT THE PROVISION OF NEW OR

ENHANCED ARTS AND CULTURAL FACILITIES SUBJECT TO THE SATISFACTION OF

ENVIRONMENTAL AND TRANSPORTATION POLICIES.

Nightclubs, Sports, Leisure and Entertainment Uses 8.39. A variety of Class D2 (assembly and leisure) and other, similar, uses benefit the community and

give rise to concerns about noise, litter, access and parking. The use class is very broad and covers a wide variety of uses. The impact of individual uses within the class may be very different, and the degree and nature of those impacts will consequently need to be individually assessed on an application by application basis. Certain uses if not properly regulated may have an adverse impact on neighbouring land uses and particularly residential amenity (by way of noise, disturbance from car doors, etc).

8.40. These uses have the potential to greatly improve the vitality of a town centre, bringing in

customers both during the day and into the evening. They may assist in the development of the leisure economy, diversify the uses in a centre, and help towards the creation of the 24 hour centre. However, such uses may also disturb nearby residents, and the amenities of such residents need to be fully considered. Proposals for these uses also need to address concerns about access, the need for safe, secure car parking (preferably close by) and the volume of likely traffic that will be generated. Certain types of proposals, such as nightclubs, may raise public order issues and will be discussed with the Police, although Licensing Hearings may be the most appropriate venue for the discussion of these issues.

8.41. Changes of use can sometimes create concentrations of single uses, where the cumulative

effects can cause local problems. Conversely, public order and policing concerns may suggest a preference for concentrations of uses, such as nightclubs, in order to more easily and effectively police any disturbances. Proposals should be assessed not only on their positive contribution to diversification, but also on their cumulative effects on such matters as loss of retail outlets, traffic, parking and local residential amenity. In particular, the problems of parking overspill and noise nuisance are most likely to affect residential amenity and are also the subject of Supplementary Planning Guidance.

POLICY CF14 THE BOROUGH COUNCIL WILL PERMIT PROPOSALS FOR CLASS D2

(ASSEMBLY AND LEISURE) USES AND SIMILAR USES IN AREAS OUTSIDE THE CORE

SHOPPING AREA, AS DEFINED ON THE PROPOSALS MAP, PROVIDED THAT THE

FOLLOWING CRITERIA ARE MET:

(1) THE PROPOSAL WILL NOT UNDERMINE THE STRATEGY FOR, OR THE VITALITY

AND VIABILITY OF, THE TOWN CENTRE, EXISTING LOCAL CENTRES OR

VILLAGES; AND

(2) IF IN THE TOWN CENTRE, LOCAL CENTRES OR VILLAGES, THE PROPOSAL

IMPROVES THE QUALITY, ATTRACTIVENESS, CHARACTER AND FUNCTIONING OF

THE CENTRE AND ITS ROLE IN THE ECONOMIC AND SOCIAL LIFE OF THE

COMMUNITY; AND

(3) MAJOR PROPOSALS CAN BE DEMONSTRATED TO HAVE FOLLOWED THE

SEQUENTIAL APPROACH TO LOCATION (I.E. THERE ARE NO SUITABLE

LOCATIONS IN THE TOWN/LOCAL CENTRES, OR EDGE-OF-CENTRE LOCATIONS,

PRIOR TO AN OUT-OF-CENTRE LOCATION BEING PROPOSED); AND

(4) THERE IS NO SIGNIFICANT DETRIMENTAL IMPACT ON NEIGHBOURING LAND

USES OR RESIDENTIAL AMENITY; AND

(5) THE PRESENCE OF ANY SIMILAR USES IN THE LOCALITY AND THE COMBINED

EFFECT THAT ANY SUCH CONCENTRATION WOULD HAVE, WOULD BE

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ACCEPTABLE IN TERMS OF ENVIRONMENTAL IMPACT AND HIGHWAY SAFETY;

AND

(6) THAT PUBLIC TRANSPORT AND PEDESTRIAN ACCESS AND SITE SERVICING ARE

ADEQUATE AND SUITABLE, THAT CUSTOMER PARKING PROVISION IS

APPROPRIATELY LOCATED AND THAT THERE ARE NO OTHER HIGHWAY

OBJECTIONS TO THE PROPOSED DEVELOPMENT; AND

(7) THE PROPOSED HOURS OF OPENING ARE ACCEPTABLE IN RELATION TO THE

AMENITIES OF THE AREA; AND

(8) SUITABLE MEASURES FOR THE ATTENUATION, DIMINUTION AND CONTROL OF

INTERNAL AND EXTERNAL NOISE AND DISTURBANCE, LIKELY TO BE GENERATED

BY THE PROPOSED DEVELOPMENT, SHALL BE PROVIDED; AND

(9) MEASURES FOR THE PROPER EXTRACTION AND TREATMENT OF FUMES AND

SMELLS EMANATING FROM THE DEVELOPMENT MUST BE PROPOSED TO THE

SATISFACTION OF THE BOROUGH COUNCIL. THE SITING, DESIGN AND

OPERATION OF ANY EXTERNAL EXTRACTION EQUIPMENT SHALL HAVE REGARD

TO THE CHARACTERISTICS OF THE BUILDING AND THE AREA.

Burial Grounds 8.42. There has been increasing interest, in recent years, in providing for new burial grounds (including

crematoria) for both humans and domestic pets. Given the competing pressures for scarce land resources there is a need to provide a policy framework for such proposals. Generally such proposals should be located either in or adjoining the defined urban or village boundaries, but away from residential property, schools or hospitals, and taking account of environmental policies.

8.43. There are also developing ‘green’ burials, which may have different characteristics from traditional

burials. In some instances trees are planted (rather than headstones) to mark the resting place of remains or ashes, such that over a number of years an area of woodland develops. Because these may have a less urbanising effect than traditional burial grounds and crematoria, it may be appropriate to treat such proposals, outside the ambit of Policy CF15, on their own merits.

POLICY CF15 WHERE THERE IS A PROVEN LOCAL NEED FOR NEW BURIAL GROUNDS

(INCLUDING CREMATORIA) THE BOROUGH COUNCIL WILL PERMIT SUCH PROPOSALS

PROVIDED THAT THE FOLLOWING CRITERIA ARE MET:

(1) THE PROPOSED DEVELOPMENT IS LOCATED WITHIN OR DIRECTLY ADJACENT

TO THE URBAN AREAS AS DEFINED ON THE PROPOSALS MAP; AND

(2) THERE IS NO UNDUE DETRIMENTAL IMPACT ON RESIDENTIAL AMENITY, AND

LOCATIONS CLOSE TO SENSITIVE NEIGHBOURING LAND USES SUCH AS

SCHOOLS OR HOSPITALS ARE AVOIDED; AND

(3) THE SITE IS CAPABLE OF BEING ADEQUATELY SCREENED AND IT IS POSSIBLE

TO PROVIDE APPROPRIATE LANDSCAPING WITH INDIGENOUS SPECIES.

PROPOSALS FOR ‘GREEN’ BURIALS WHICH INVOLVE THE PLANTING OF NEW

WOODLANDS MAY BE TREATED ON THEIR MERITS, DEPENDANT UPON THE IMPACT OF

THE DEVELOPMENT IN RELATION TO ENVIRONMENTAL POLICIES.

Sewage

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8.44. Substantial development in both urban and rural areas may place a great strain on the sewerage system. Whilst each case will be considered on its merits, any development which would overload the sewerage system may require new off-site sewers to be requisitioned.

POLICY CF16 ANY DEVELOPMENT PROPOSALS WHICH WOULD DEMONSTRABLY

OVERLOAD THE EXISTING SEWERAGE SYSTEM IN THEIR VICINITY WILL BE PERMITTED

ONLY IF NEW OFF-SITE SEWERS ARE REQUISITIONED. 8.45. Sewers discharging to soakaways will not be adopted by Southern Water. Furthermore, the

Borough Council will resist the construction of long lengths of private sewers or deep bore soakaways where maintenance responsibilities would rest with future occupants.

8.46. It will also be a requirement that development areas be connected to the main drainage system.

Sewerage systems within these areas shall be constructed in accordance with the requirements of Southern Water so that they can be adopted.

POLICY CF17 ALL SEWERAGE SYSTEMS WITHIN SUCH NEW DEVELOPMENT AREAS

SHALL BE CONSTRUCTED TO THE STANDARDS REQUIRED FOR ADOPTION IN ORDER

THAT THEY MAY BE CONNECTED TO THE MAIN SYSTEM.

Environmental Appraisal 8.47. In accordance with the guidance at paras. 4.6 and 4.16-4.22 of PPG12 - "Development Plans" the

policies in this chapter have been subject to environmental assessment. Most of the policies clearly score positively because they are closely allied to the achievement of sustainable aims and follow the locational sequential test. The Borough Council is resolutely committed to the principle of balanced and sustainable communities across the Borough, thereby reducing both the need to travel and the number of trips necessary to reach community facilities.

8.48. These facilities will vary in scale, dependent upon the catchment which they seek to serve. The

aim of this chapter is to locate those facilities that will serve a wide catchment area in, or on the edge of, the town centre where there are opportunities to travel by means other than the private car. More local, community based, facilities will be directed to local centres or village centres.

Monitoring 8.49. The performance of this Plan in meeting its aims with regard to community facilities will be judged

against the following criteria:

(i) the number of new and expanded community facilities opened set against identified short falls;

(ii) the reduction in the number of, and length of use of, temporary and mobile classrooms; and

(iii) the take up of allocated sites for educational, medical and community facilities.

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PLEASE NOTE: THIS PLAN HAS BEEN AMENDED TO SHOW DELETED POLICIES WITH A

STRUCK THROUGH LINE. AS MORE OF THE LDF REPLACES THE 2000 LOCAL PLAN,

MORE OF THE LOCAL PLAN TEXT WILL BE AMENDED THIS WAY. IT IS IMPORTANT TO

ILLUSTRATE THE PLAN IN THIS MANNER SO THAT THE ORIGINAL CONTEXT OF THE

POLICIES CAN STILL BE SEEN.

MAIDSTONE TOWN CENTRE

Introduction 9.1. Maidstone town centre is very important to both the economic and social life of the Borough. As a

consequence there is a complex set of actions and proposals relating to it, and many of these are set out in those chapters of the Local Plan dealing for example with retailing, the environment, and transportation. It is important to appreciate how these individual strands of policy are interrelated to provide a co-ordinated strategy for the future of the town centre. For this reason the town centre is the subject of this specific chapter, which is different from other Local Plan chapters in that it deals with a geographic area (rather than a topic).

9.2. Because the purpose of this chapter is to explain the overall strategy for the town centre, it does

not repeat the policies affecting the town centre which are set out in other chapters. However, the text of this chapter is intended to explain and support the policies set out elsewhere.

9.3. Opinions as to the geographical extent of the town centre vary. Some people regard it as the

main shopping core, whilst others regard it as the wider administrative centre. In practice, it is not necessary to define a boundary for the town centre itself although, of course, some of the policies apply to defined areas. As a general guide, however, the issues dealt with in this chapter are contained within the area of the town centre inset map included in the Proposals Map.

9.4. It is stressed that a full understanding of the policy issues relating to the town centre requires

examination of all the relevant chapters of this Local Plan.

National and Strategic Context 9.5. In recent years there have been significant shifts in Government policy related to the future of

town centres. In particular there is an underlying concern that the trend to development of shops and business parks outside town centres, often at the edge of urban areas, could lead to decay in the central area of towns and cities. Indeed this trend is evident in some parts of the country.

9.6. In addition, concern over the general issue of sustainability has given new importance to the

maintenance and development of shopping and business locations which are well served by public transport. In the long-term interests of the environment, the Central Government acknowledges that it is desirable to reduce the need for travel by private car. Town centres are usually the hub of public transport systems and this is certainly the case in Maidstone.

9.7. As a consequence of these issues, two Planning Policy Guidance Notes (PPG6 and PPG13)

provide very positive guidance to local authorities, encouraging steps to retain and promote retail and business development in town centres and local centres and, as a corollary of this, only to permit these forms of development elsewhere when such central options are not available. In addition, local authorities are encouraged to improve the quality of town centres, and to propose strategies for their future, preferably in conjunction with other parties having a stake in the centre, such as retailers and other businesses, property owners, etc.

9.8. Such strategies are embodied in Regional Planning Guidance for the South East, RPG9, and in

the Kent Structure Plan 1996. The strategies set out in this chapter and the policies contained in other chapters, are soundly based on the provisions of these documents and fully in accordance with Government policy.

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Local Context 9.9. The views now being expressed in Government policy are strongly welcomed by the Borough

Council and are, indeed, coincident with the approach to the future of the town centre which it has already adopted, and which is set out in the now superseded Maidstone Borough Local Plan of 1993. That document fully recognises the importance of the town centre in the economic, social and cultural life of the Borough and promotes development within it, whilst seeking to resist competitive commercial development in other locations.

9.10. Accordingly, new Government guidance does not involve any major change of direction for

Borough Council policy towards the town centre. 9.11. A particular area in which the Maidstone community has been in advance of national trends, is in

the establishment of a Town Centre Management Initiative, which has existed in Maidstone since 1991.

9.12. Now encouraged in Government policy, Town Centre Management Initiatives are partnerships

between the public and private sectors. They are designed to allow all stakeholders in the town centre to influence policy and develop a co-ordinated approach to practical improvements. In Maidstone, the partnership has enjoyed many successes particularly in achieving external funding for a number of important projects.

Aims and Objectives 9.13. The Council attaches great importance to the achievement of a vital and viable town centre. In

practical terms, this means: that its retail function must be retained and extended; that its environment must be improved and made more attractive; that access arrangements are swift, attractive and uncongested; that the town centre is being actively used and enjoyed both by day and by night; that personal safety and freedom from crime are vigorously pursued; that the town centre fulfils its potential as a cultural focus for residents and visitors; and that its role as a place in which to live is maintained and enhanced.

Current Situation 9.14. Maidstone town centre is one of the largest and most important shopping centres in mid-Kent. It

is also a major administrative centre, housing the offices of two local authorities and regional headquarters for many private sector companies. Success brings its own problems. Congestion occurs on some of the main access roads into the town centre at peak hours, notwithstanding some recent new highway construction, and innovations such as park-and-ride. There is a perception that it is difficult to find parking spaces. Despite the presence of many fine buildings, and a number of recent improvement schemes, the environment of the town centre has scope for further improvement. The full potential of important historical assets (such as the Archbishops’ Palace and its precincts) is prejudiced by heavy traffic movements. There are also a number of sites which are occupied by low intensity uses and which contribute little to the character or vitality of the town centre.

9.15. Economically, the role of Maidstone as the premier shopping centre in Kent is challenged by

improvements to other towns such as Tunbridge Wells, Chatham, Canterbury, additional large scale regional shopping facilities for example at Ashford, and most importantly the Bluewater shopping development at Dartford. It is vital that Maidstone responds vigorously to these challenges by providing new and enhanced facilities.

The Town Centre Environment 9.16. Not surprisingly for a town centre laid out around an old Roman Road (running along Week Street

and Stone Street) the overall street pattern in Maidstone town centre is very linear. It is difficult

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for the visitor to define a point which represents the heart of the town. Even where more generous spaces exist, for example around the Queen’s Monument in High Street a heavy traffic presence inhibits enjoyment of the space and any desire to linger there. These problems are being addressed in a number of ways.

9.17. The Borough Council, together with its partners in the Town Centre Management Initiative,

considers that a programme of enhancements is vital to enable the town to respond to the attractions and challenge of Bluewater and other shopping developments elsewhere.

9.18. To ensure that a co-ordinated approach is adopted to all improvements in the town centre,

whether undertaken by the Borough Council or another agency such as the County Council, or indeed by private developers, a Streetscape Manual is being prepared. This sets out the materials which are considered appropriate for street repaving (principally York stone and block setts) which have been the subject of consultation with the Disabled Persons Liaison Committee. The Streetscape Manual also includes a unique design of street furniture which the Borough Council has commissioned and is installing in town centre improvement work. The Streetscape Manual also provides guidance on appropriate building materials and the scale and activities sought in the development of new town squares. It is intended to be a working document that will evolve over time and it will be published for the guidance of all parties.

9.19. In addition, a strategy has been evolved for improving or creating a series of new spaces across

the town centre. The general objective is to link these spaces by pedestrian friendly routes so that the quality of a visit to the town centre is greatly improved. This strategy, sometimes described as ‘the string of pearls’, has the following elements:

(i) Sessions House Square

In conjunction with the construction of the Spine Road, Sessions House Square at the northern edge of the town centre has been remodelled to reduce the space given over to vehicles, and create a pedestrian square in front of the imposing County Hall. Utilising high quality paving materials and elements of public art, an attractive space has been created at the threshold of the town centre, which also provides a first impression for those arriving at Maidstone East Station.

(ii) Week Street – North

The northern end of Week Street has been pedestrianised as a further benefit of the completion of the Maidstone Spine Road. This provides the link to the already pedestrianised section of the street, and also to the site of the proposed Fremlin Development. The existing green space of Brenchley Gardens provides an alternative route. The Borough Council proposes to carry out environmental improvements in the northern part of Week Street, subject to the availability of financial resources.

(iii) Fremlin Development

The Fremlin Shopping Centre bounded by St. Faith's Street, Earl Street, Week Street and Fairmeadow is planned to provide a fully pedestrianised environment. This will include the maintenance of links through the development between St. Faith's Street and Earl Street and the provision of an enhanced environment in St. Faith's Street to compliment the existing Chillington House Museum and Art Gallery. Small town squares will be created at the proposed main entrance to the new shopping development at the junction of Week Street and Earl Street and adjacent to Chillington House.

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(iv) Earl Street

It is proposed to extend the pedestrianised area of Earl Street down to the junction with Pudding Lane, particularly to complement the Fremlin Development and the setting of the Hazlitt Theatre and Corn Exchange. High quality paving materials and new street furniture will be introduced.

(v) Pedestrian Routes from Earl Street to High Street

There are a number of alternative routes between Earl Street and High Street. Market Buildings has already been upgraded with new high quality street surfacing and an interesting lighting scheme with unique street lights portraying the history of the area. The Royal Star Shopping Arcade provides an attractive speciality shopping mall parallel to Market Buildings. Rose Yard is a further parallel route which has also been repaved and relit, including the introduction of attractive spandrels carrying the name ‘Rose Yard’ with a rambling rose motif. A further option is Week Street itself which is the main shopping street. The Borough Council upgraded this southern section of Week Street with high quality paving and new street furniture in 1997.

(vi) High Street/King Street

The area around the Queen Victoria Monument, at the junction of High Street and King Street, is a particularly broad space surrounded by a number of fine buildings. These roads continue to act as an important part of the highway network in Maidstone, and in addition there are a number of heavily utilised bus stops and a Hackney Cab rank. There is a significant conflict between the interests of pedestrians undertaking shopping in this vicinity, (in particular passing between the Chequers Centre, and Week Street) with the volume of traffic which raises highway safety, noise, and pollution issues. The local authorities have sought to provide a partial solution to these problems. Access to High Street and King Street is now limited between 11.00 a.m. and 4.00 p.m. to buses, hackney cabs and orange badgeholders only. This improves the environment for shoppers and other visitors during their hours of peak activity. However, the road is open to all traffic in one direction during the morning and evening rush hours. These restrictions are currently under review.

(vii) Gabriels Hill

Gabriels Hill has already been refurbished as a pedestrianised street, although further improvements are proposed to bring the whole design of the area in line with the Streetscape Manual.

(viii) Palace Avenue/Lower Stone Street

Palace Avenue and Lower Stone Street are both heavily trafficked roads forming part of the main one way system to the south of Maidstone town centre. The All Saints Link Road will enable the removal of through traffic from both of these streets, to the significant benefit of their environment. Palace Avenue adjoins an attractive mill pond formed by the River Len at this location, and Lower Stone Street is flanked by a significant number of listed buildings, many in a poor state of repair due to the traffic-dominated environment.

(ix) Archbishops’ Palace/All Saints Conservation Area

The most important historic part of Maidstone, namely, the precincts of the Archbishops’ Palace, All Saints Church, the College of Priests and the Archbishops’ Tithe Barn (currently

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housing a nationally important carriage collection) is severely disrupted by heavy vehicular movement along Mill Street. It is an important aspiration of the Borough Council to achieve the reunification of these precincts in conjunction with the construction of the All Saints Link Road, further discussed below. The Borough Council is engaged upon an active programme of building refurbishment in this vicinity and wishes to undertake significant environmental improvements including the laying out of a new square and gardens, when traffic is redirected to the proposed new road.

(x) Lockmeadow

Lockmeadow has been redeveloped, providing a major commercial leisure facility including a multi-screen cinema, nightclub, restaurants etc. Important features of this scheme are the new public spaces along the banks of the River Medway. These include a public park in the area immediately opposite the Archbishops’ Palace and All Saints Church, and a new town square and market square to the south. These facilities allow the continued use of the site for the weekly markets in a significantly upgraded environment. In addition, the scheme has provided for the construction of a pedestrian footbridge which links The Horseway adjacent to All Saints’ Church to the Lockmeadow site. This has enabled the completion of ‘the string of pearls’ and has a number of practical benefits, including a much improved means of access for people wishing to pass between the market and the main shopping centre, and access for visitors to the market to car parks on the opposite side of the river.

9.20. It will be appreciated that achievement of this programme of environmental improvements is

partially complete. However, further progress is dependent upon the successful undertaking of a number of private developments, or the availability of resources in the public sector to allow further environmental improvements, and a limited new road building scheme.

9.21. Amongst the objectives set out in the Streetscape Manual is the achievement of public art

associated with both public and private development. This has been provided at Sessions House Square and at Market Buildings. In addition, the Borough Council through initiatives such as the ‘Town of Flowers’ is seeking to enliven the town. All these activities are intended to enhance the image of the town and to improve an overall ‘sense of place’.

9.22. The River Medway runs through Maidstone town centre. There is a commonly held view that the

attractions of the river have not been well exploited in the past. The Spine Road has allowed the laying out of a new riverside walkway, albeit adjacent to a high capacity new road. As a matter of overall policy the Borough Council is determined that development taking place in the vicinity of the river will reflect a very high quality of design and materials and wherever possible will help to enhance access to the riverside. The Lockmeadow development previously mentioned is a good example of how this can be achieved. The Council has defined a Riverside Zone of Special Townscape Importance, within which high standards will be required. This is particularly important since there are lengthy vistas along the river and poor quality development in an individual location can be particularly intrusive.

New Development: Retailing 9.23. There are opportunities for major new retail development in Maidstone town centre. The Borough

Council will require that this development is of a high standard. 9.24. The Borough Council believes that Maidstone should maintain its place as a premier shopping

location in Kent and should be able to provide a shopping experience enlivened by the full range of town centre facilities.

9.25. The Fremlin Centre Scheme will incorporate a department store, a number of large shop units,

and between 50 and 60 other shop units. The shops will be located on two floors with a gross

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total retail floorspace of some 32 500 m2. There will be entrances from Week Street, St. Faith's

Street and Earl Street. The development will incorporate a large new car park accessed from the Spine Road, and there is also the opportunity to provide additional car parking on the nearby Waterside site. The Fremlin Development will provide Maidstone with a high quality shopping centre which will ensure its competitive position for the decades ahead. The location of the Fremlin Centre at the northern end of Week Street is advantageous since it balances the existing Chequers Centre off King Street. It is extremely important that these two centres complement one another and are linked by attractive shopping streets which will encourage movement between the two. To support this strategy it is important that Week Street is retained as a main shopping street and the Borough Council will therefore not normally permit the change of use of shops to other uses in the key parts of Week Street, High Street and King Street. For this reason the Borough Council is particularly anxious to carry out improvements to Week Street and High Street/King Street.

New Development: Potential Mixed-Use Development Sites

9.26. Maidstone Barracks – This site has the potential to contribute to the needs of a range of uses at the edge of the town centre. The northern quadrant of the Barracks site is available for residential development. The Borough Council attaches particular importance to the quality of development on this location and in common with its overall aspirations will wish to achieve a Kentish style for this prominent location. Additionally there is the opportunity on the southern quadrant to achieve new office development. The western quadrant of the Barracks Site is to be retained for open space. The listed White House occupying the eastern quadrant has recently been refurbished and converted to a public house and restaurant in a style which has enhanced the character and appearance of the property.

9.27. Maidstone East Railway Station – This site includes land on both the north and south sides of the railway comprising the large surface car park provided for rail customers. Any redevelopment proposals will require to replace the car parking facilities. Acceptable uses at this location include offices, housing, a hotel, retail warehousing and a transport interchange. The Borough Council will not be opposed to schemes which bridge the railway, should these be considered viable. The site is important as it provides the introduction to Maidstone for people arriving by train, and is also prominent from the A229 Spine Road and provides a prominent feature relative to the River Medway. Accordingly it is expected that high quality development, both in terms of design and materials, will be pursued on this site.

9.28. Lockmeadow – This site presents a further development opportunity. Part of the land has been redeveloped, providing a major commercial leisure facility. The development enabled the upgrading of the accommodation for Maidstone Market, bringing it partly under cover, and provided a new public open space and a new town square on the banks of the River Medway.

9.29. The Borough Council is anxious to extend redevelopment to the remainder of the Lockmeadow

site (land between the Maidstone West Railway Station and the River Medway). Currently, the site is occupied by a number of activities, mainly in old industrial buildings which do not require a location close to the town centre, and which do not benefit the environment of the River Medway. The Borough Council is enthusiastic to see this area regenerated, particularly to include housing development on land north and south of Hart Street and business uses. The Council envisages that the housing development is likely to consist of small units of accommodation, particularly for single people or couples who will enjoy the easy access to town centre facilities, and communal spaces related to the River Medway. Easily accessible public transport opportunities may justify a minimal provision of parking spaces relative to car parking standards. A key aspect of any redevelopment should be a respect for the character and the environment of the River Medway and development should be both designed and situated so as to enhance the character of the river and take into account the risk from flooding.

9.30. St. Peter Street - The land on the west side of the River Medway at St. Peter Street, is a further prominent riverside site occupied by a range of significant uses, including a former gasworks and offices, the Cadburys Schweppes confectionary works (now closed), the Maidstone Industrial

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Centre, and two substantial retail warehouses built in the last decade. There is a planning consent for office development on land near the bridge gyratory, whilst the former gasworks site is allocated for retail warehousing.

9.31. The Borough Council's aspirations for this land along St. Peter Street are set out in an adopted

Development Brief for the area. They include its redevelopment for housing purposes, the relocation of existing retail facilities to the western side of the Street, the creation of open space, and a significant improvement to the environment along the River Medway. In addition the historic St. Peter’s Church stands vacant and needs refurbishment. The Borough Council is enthusiastic to work with landowners or developers who may wish to bring forward proposals related to this area which further the Borough Council's aspirations. In the meantime, the Borough Council will not seek to inhibit the ongoing viability and success of the existing economic uses.

Residential Development 9.32. The Borough Council is enthusiastic to maintain the existing level of housing stock in the town

centre, and provide of additional residential development. Such development assists the vitality of the town centre by retaining activity outside business hours, and aids security by providing a community with a sense of ‘ownership’ of the town centre streets. Accordingly, a number of town centre sites are allocated for residential development. In addition to the specific allocations, the Borough Council will be enthusiastic to encourage the creation of living space in existing buildings over shops or through conversions.

9.33. Changes, particularly related to information technology, create conditions which make certain

older office buildings difficult to market with the necessary up to date specification. In addition, the Borough Council is aware that trends to home working, and the need to reduce town centre congestion, may lead to a diminution in requirements for office floorspace in the longer term. Accordingly, the Borough Council will give consideration to proposals to convert buildings unsuitable for continued office use to residential or other such uses as may be appropriate to the town centre, provided this does not prejudice meeting strategic guidelines for employment floorspace.

Accessibility 9.34. The Borough Council strategy is to provide a choice in modes of transportation to Maidstone town

centre. 9.35. Measures that have been or are proposed to be implemented include bus lanes, cycle ways,

improved pedestrian access, and the provision of the All Saints Link Road. 9.36. The All Saints Link Road is the ‘missing link’ that is required to connect the A229 Spine road to

Wat Tyler Way and thence to the A20. This connection will complete a good quality highway route around the south of the town centre thereby providing the opportunity to relieve High Street and King Street of through traffic. The removal of traffic from the precincts of the Archbishops’ Palace/All Saints Church area, and from the historic listed buildings in Lower Stone Street, would considerably improve their setting and would generally improve access from the south of the town to the benefit of the commercial viability of Maidstone town centre. The achievement of this scheme is a high priority and the Borough Council will pursue all possible avenues to obtain funding, having regard to the considerable economic and environmental benefits of the scheme.

9.37. With regard to car parking the emphasis will be on providing short-stay facilities for people coming

to shop or do business in the town centre and whose custom is vital to the economic viability of the town. The Borough Council is keen to improve the standard of car parking in the town centre and has recently redecorated the King Street car park, and installed closed circuit television. The Chequers Centre has upgraded its car parks and the Borough Council intends to provide a new high quality facility at Medway Street. Additional provision has been made at the newly opened

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Sainsbury’s supermarket east of the Chequers Centre. Further provision is proposed as part of the Fremlin Centre scheme.

9.38. Some long-stay car parking will be provided in publicly available spaces at the edge of the town

centre for town centre workers who must have access to their vehicle during the day. In addition, the Borough Council will continue to provide park-and-ride sites, and to further extend the network to include sites to the north of the town. This strategy affords people who do not need to bring their cars into the town centre the option of leaving their vehicles at the edge of town and utilising the regular, reliable, and economic option offered by the park-and-ride services.

9.39. In Maidstone town centre there is a large number of parking spaces privately owned by

companies and made available to their employees. This is one of the reasons for the significant traffic congestion encountered on routes into the town at peak hours. Each time new development takes place, additional car parking spaces are normally required by the prevailing parking standard, so that this problem is gradually being exacerbated. It is now Government policy to modify the parking standard for development within town centres. Accordingly, where new development takes place in the heart of the town centre the Council will only allow operational parking to be provided except for disabled bays. This has the added advantage of reducing the quantity of valuable town centre land given over to the accommodation of vehicles, thus increasing the space for beneficial development.

9.40. The Borough Council will seek commuted payments in order that the Council can provide public

car parking at appropriate locations, including park-and-ride.

Town Centre Security 9.41. The Borough Council, together with its partners in the Town Centre Management Initiative, is very

much aware that town centre customers need to feel safe and secure whilst using its facilities. 9.42. For this reason the Borough Council, in partnership with the Police, has invested in the provision

of closed circuit television in principal town centre streets. The Borough Council intends to extend the network to provide comprehensive coverage. The cameras are monitored from a control room situated in the basement of the Town Hall with a direct relay to Maidstone Police Station. The cameras have contributed to a significant reduction in the incidence of town centre crime since their installation.

Town Centre Community 9.43. In partnership with the Town Centre Management Initiative a number of significant social issues

have been examined. For example there has been considerable co-ordination with the Police, and charitable organisations, regarding the manner in which issues surrounding homelessness in the town centre are dealt with.

9.44. One particular success has been the achievement of money from the Single Regeneration

Budget to provide for the refurbishment of an important town centre landmark - Holy Trinity Church - and its conversion to provide supervised accommodation for up to 42 young people. Known as a 'Foyer' project, the scheme not only provides secure housing, but also training opportunities for the young people. There is an associated youth work project seeking to resolve problems encountered by individual young people.

Night-time Economy 9.45. The Borough Council, together with the Town Centre Management Initiative, is working on a

strategy for the evening economy. Government policy, as set out in PPG6, encourages the concept of the ‘24 hour city’. There is a need to make best use of the facilities provided in the

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town centre, and to avoid the danger of the town becoming empty and deserted at night when the shops and offices close.

9.46. In recent years the town centre has become an increasingly attractive focus for evening leisure

activities. A number of substantial new public houses, restaurants and bars have been established and more are planned.

9.47. The Borough Council is keen to encourage diversification of the town centre's evening and leisure

‘offer’. The Council has been able to advance its ambitions in this respect through the development of its own land at Lockmeadow for commercial leisure facilities for family use including a multiplex cinema, night club restaurants, a fitness centre and so on. There are also proposals for enhanced cultural and religious facilities in the town centre, and longer shop opening hours (which may be introduced by traders) could retain people in the central area for longer periods.

9.48. The Borough Council proposes to work with its partners to refine the strategy for the evening

economy in Maidstone town centre but is encouraged that the centre is attractive to people wishing to pass their leisure hours enjoying the facilities it has to offer. As a matter of general policy, the Borough Council will continue to encourage the provision of such facilities and the enjoyment of the town by night as well as by day.

Conclusion 9.49. Maidstone town centre is a dynamic place. The policies and programmes described in this

chapter combine to form a coherent strategy intended to help overcome some of the perceived problems of congestion and difficulties of accessibility, whilst promoting opportunities for new development, and for the creation of a high quality environment which will be attractive to the town centre's customers in the years ahead.

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