Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE
Dartford Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 24 April 2023
- Authority
- Dartford Borough Council
- Inspector
- Barrett R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Major dwellings
- Appellant
- Regent Land and Developments Ltd
- LPA reference
- DA/21/00724/FUL
- ONS LPA code
- E07000107
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 31 May 2022
Summary AI
The appeal for planning permission for a development of 3 buildings up to 4 storeys high to provide 47 flats with off-street car parking, communal amenity space, and hard and soft landscaping, has been allowed. The development would be located at Land North of Railway Line and East of Station Road, Greenhithe, Dartford, and would be in accordance with the terms of the application and the plans submitted with it, subject to the conditions set out in Annex A to the Decision.
PDF text
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Site visit made on 1 March 2023 by R Barrett BSc (Hons) MSc Dip Hist Cons Dip UD IHBC MRTPI an Inspector appointed by the Secretary of State Decision date: 24th April 2023 Appeal Ref: APP/T2215/W/22/3291136 Land North of Railway Line and East of Station Road, Station Road, Greenhithe, Dartford • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Regent Land and Developments Ltd against the decision of Dartford Borough Council. • The application Ref DA/21/00724/FUL, dated 10 May 2021, was refused by notice dated 17 November 2021. • The development proposed is erection of 3 buildings up to four storeys in height to provide 47 flats with off-street car parking, communal amenity space, hard and soft landscaping, recycling and refuse storage facilities and new vehicular accesses serving the site from Station Road and Station Approach. Decision 1.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision The appeal is allowed and planning permission is granted for erection of 3 buildings up to four storeys in height to provide 47 flats with off-street car parking, communal amenity space, hard and soft landscaping, recycling and refuse storage facilities and new vehicular accesses serving the site from Station Road and Station Approach at Land North of Railway Line and East of Station Road, Greenhithe, Dartford in accordance with the terms of the application, Ref DA/21/00724/FUL, dated 10 May 2021, and the plans submitted with it, subject to the conditions set out in Annex A to this Decision. Application for costs 2. An application for costs has been submitted by Regent Land Development Ltd against Dartford Borough Council. That application will be the subject of a separate Decision. Preliminary Matters 3. The description of development and appeal application address on the appellant’s application form differs from that on the Council’s decision notice. In the banner heading above, I have used the description of development from the Council’s decision notice as that accurately describes the proposed development.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision I have used the appeal site address from the appellant’s application form, as that clearly identifies the appeal site. 4. At appeal, amended plans were submitted. Those plans amend the bay windows to the rear of Blocks A and B. Applying the Wheatcroft principles1, as that amendment may have impacts on people living nearby, it materially alters the nature of the appeal application. Consideration of those amended plans 1 Bernard Wheatcroft Ltd v SSE https://www.gov.uk/planning-inspectorate
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision I have used the appeal site address from the appellant’s application form, as that clearly identifies the appeal site. 4. At appeal, amended plans were submitted. Those plans amend the bay windows to the rear of Blocks A and B. Applying the Wheatcroft principles1, as that amendment may have impacts on people living nearby, it materially alters the nature of the appeal application. Consideration of those amended plans 1 Bernard Wheatcroft Ltd v SSE https://www.gov.uk/planning-inspectorate
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Appeal Decision APP/T2215/W/22/3291136 therefore could prejudice interested parties. I am therefore considering the appeal based on the plans before the Council when it made its decision. 5. I note discrepancy between the plans before me and those listed on the Council’s decision notice. The two main parties were asked to confirm and agreed the plans on which the Council made its decision. Those plans are listed in the plans condition in Annex A to my Decision and are the basis on which I am considering this appeal. 6. The emerging Dartford Local Plan is at examination. Relevant emerging policies are not before me. However, in accordance with National Planning Policy Framework (NPPF) paragraph 48, as that examination is still ongoing, I would have accorded those policies limited weight in this appeal. Main Issues • Whether the appeal proposal would achieve high quality design and respond to local character and the street scene of Greenhithe. • Whether the appeal proposal would provide acceptable living conditions for future occupiers, with particular regard to outlook from habitable rooms with projecting bay windows on the rear of blocks A and B. Reasons Character and Appearance 7.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision The appeal site includes an area of grassland and low level vegetation. It includes some trees, which are generally located around the perimeter. It sits roughly opposite the modern Greenhithe Station, on a prominent corner near a large roundabout connecting several roads. 8. The locality has a range of uses, including residential, commercial, and station infrastructure. Dominated by the busy road network, it includes the large Asda store and car park, petrol station and associated development, the modern station building and the mix of development along the nearest part of Station Road. That includes two storey detached residential blocks set behind parking and the larger mainly four storey development at Cambria Court. Other residential development, including that to the rear of the appeal site, at Woodland Way, comprises generally two storey detached houses fronting onto a pattern of cul-de-sacs. Overall, whilst there is some consistency in the height of development in the locality, there is notable diversity in its age, style, form, type, and detailed design, which is somewhat lacking in cohesion. 9. I appreciate development further afield includes the tighter, generally two storey historic core of Greenhithe.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision That generally has the distinctive appearance of a riverside village and a more cohesive character. However, that is some way from the appeal site. 10. Given the site’s location near to the modern station, adjacent development on Crossways Boulevard and the diverse character and appearance of the locality, a contemporary approach to the site’s development is not inappropriate. 11. The appeal scheme would be appropriate in scale and density, given its location close to facilities, services and public transport. Its scale would relate appropriately to the busy road and pedestrian network that it would address, marking the large roundabout and the new station. https://www.gov.uk/planning-inspectorate 2
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision That generally has the distinctive appearance of a riverside village and a more cohesive character. However, that is some way from the appeal site. 10. Given the site’s location near to the modern station, adjacent development on Crossways Boulevard and the diverse character and appearance of the locality, a contemporary approach to the site’s development is not inappropriate. 11. The appeal scheme would be appropriate in scale and density, given its location close to facilities, services and public transport. Its scale would relate appropriately to the busy road and pedestrian network that it would address, marking the large roundabout and the new station. https://www.gov.uk/planning-inspectorate 2
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Appeal Decision APP/T2215/W/22/3291136 12. Proposed development would be a maximum of four storeys, fitting comfortably within the locality’s height threshold. Height would be reduced to three storeys close to properties on Woodland Way. As those properties are on slightly higher ground, given the separation distance, along with existing and proposed planting, a comfortable transition would result. Overall, the appeal scheme would relate well to the domestic scale of residential development nearby. 13. The appeal development would include shallow single pitched roofs, which would relate appropriately to the variety of form seen on larger buildings on Station Road. The combination of shallow mono-pitched roofs would result in a gently sloping roof profile that would provide interest, such that it would not appear boxy or monotonous. 14. The development’s mass would be broken into three separate blocks, which would again relate to the domestic scale of residential development nearby. Gaps between the buildings would allow attractive views through the site. Planting would provide visual interest and attractive communal recreational space. 15.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Elevational treatment would include projecting and inset bays and windows, along with a few angled bays on the upper levels of the rear elevations. Balconies, both projecting and inset, would provide interest and high quality outdoor space. Overall, well-proportioned rectangular and square openings of varied sizes across the blocks, would provide variety, interest and elevational depth that would help to create a cohesive development. 16. Materials would include brick of the colours seen in the wider locality, the specific details of which could be secured by a planning condition. Proposed detailing around critical junctures such as window/balcony openings and the parapet would add interest and texture. Other materials including window, balcony and hard landscape details could be controlled by a planning condition. 17. Overall, the appeal development for the above reasons, would respond appropriately to its context, appropriately reflect local character and the street scene of Greenhithe. For this reason and those above, it would constitute high quality design. 18. I conclude that the appeal proposal would achieve high quality design and would respond to local character and the street scene of Greenhithe.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision It would therefore accord policies DP2 and DP5 of the Dartford Development Policies Plan 2017 (Development Policies Plan) and policy CS17 of the Dartford Core Strategy 2011 (Core Strategy). Those policies, together, seek good design, which provides acceptable living conditions and positively responds to its locality and surrounding uses. It would also accord with the National Design Guide and NPPF, in this respect. Living Conditions 19. The appeal proposal would include angled rectangular bay windows to some habitable rooms on the upper most floors of Blocks A and B. Those windows would project from the rear elevation. Although they would include a solid central panel, relatively uninterrupted outlook would be provided from the two glazed panels on either side. That would avoid a sense of enclosure for future occupiers. https://www.gov.uk/planning-inspectorate 3
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Appeal Decision APP/T2215/W/22/3291136 20. Given their orientation and size in relation to the rooms they would light, those glazed panels would ensure adequate daylight and sunlight. Overall, those projecting windows would ensure acceptable living conditions for future occupiers taking account of home working and changes in work behaviours post the Covid pandemic. 21. I conclude that the appeal proposal would provide acceptable living conditions for future occupiers, with particular regard to outlook from habitable rooms with projecting bay windows on the rear of blocks A and B. It would therefore accord with Development Policies Plan policy DP8 and Core Strategy policy CS17. Those policies, together, seek living environments that enrich quality of life and provide conditions for communities to flourish. It would also accord with NPPF paragraph 130(f) in the same respect. Other Matters 22. Planning permission has previously been granted for a similar scale of development on the appeal site. It is located within the Thames Waterfront Priority Area, in which Core Strategy policy CS10 makes provision for up to 3,750 homes, including necessary infrastructure to avoid adverse impacts on existing and proposed communities.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Given the scale of proposed development, it would be unlikely to prejudice meeting the Core Strategy target of 80% of brownfield development. Cumulative local impacts on schools, medical facilities and other infrastructure would be accommodated through the Community Infrastructure Levy and the planning obligation that accompanies the appeal application. Proposed development would be in an accessible location and include measures to promote non-motorised forms of transport. Whilst I have no evidence to suggest that the appeal proposal is required to rectify an absence of a five year housing land supply, given all of the above matters, there would be limited tension with Development Management Policies policy DP6, and the appeal development would generally further its aims. 23. The appeal development would inevitably result in the loss of an area of green space and planting. However, it would be replaced by appropriate development that would include some open space, retain some trees and include tree planting. 24.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Even though the appellant’s Biodiversity Net Gain evidence may have been overestimated, as the site has a low habitat value at present, through a sensitive landscape plan, tree planting, green roofs, bat, bird and other habitat enhancement, subject to effective provision and maintenance arrangements, an enhancement of the site’s biodiversity value would be a result of development. 25. Vehicle access would be from Station Approach and Station Road, each access serving separate parking areas. Given local traffic conditions, adequate visibility splays and the limited car parking accessed by each, the proposed arrangement would secure safe and convenient access. 26. Given the busy road network nearby, local traffic conditions and the limited traffic that would be generated from this development, taken together with measures to encourage non-motorised and other sustainable forms of travel (required by the submission of a travel plan), there would not be an unacceptable impact on highway safety nor would the residual cumulative https://www.gov.uk/planning-inspectorate 4
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Appeal Decision APP/T2215/W/22/3291136 impacts on the road network be severe; a conclusion also reached by the Highway Authority. 27. Parking would be to the rear of the blocks, so as not to dominate development, whilst being close and convenient for all users. This would include the disabled parking, which would be close to proposed wheelchair accessible units in Block A. Proposed planting would soften the car parking areas and help to integrate them. Given measures to encourage non-motorised forms of transport, proposed cycle provision and the proximity of public transport options, unallocated on-site car parking provision is acceptable. Given the size and width of the circulation space within the parking areas, together with the amount of parking to be provided, I have no reason to consider the circulation space insufficient. A planning condition could control electric vehicle charging points and any future need. 28. Given the size and nature of the proposed scheme and refuse arrangements proposed, which would require limited reversing and enable vehicles to exit in a forward gear, I have no reason to take an alternative view to that of the Council on the acceptability of proposed arrangements, in this regard. 29.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision The proposal would provide a range of one and two bedroom accommodation, the latter suitable for families. Given private and communal amenity space it would provide for families. Whilst Core Strategy policy CS18 sets out a presumption in favour of a majority of family houses of two bedrooms or more, that is not a requirement. 30. Layout of accommodation would be logical, with reasonably sized and useably shaped living areas and bedrooms. It would generally accord with the minimum requirements of the Nationally Described Space Standards. Privacy of ground floor rooms would be enhanced by sensitive planting and the wide highway verge along Station Approach which would provide some separation from passing pedestrians. 31. All residential units would benefit from level access via lifts where necessary. All would be either accessible/adaptable or suitable for wheelchair users. Shared and private circulation space would need to accord with relevant Building Regulations to ensure practicality, particularly for wheelchair users. 32. Private amenity space in the form of good sized usable balconies would be available to most flats, in addition to close and convenient communal amenity space at ground level.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Overall, the appeal development would provide adequate external space for future residents, which would accord with Core Strategy policies CS17 and CS18 in that regard. 33. Whilst it is suggested that development is unlikely to come forward due to third party involvement, that does not interfere with my consideration of the planning merits of the proposed development. 34. Viability evidence satisfies me that the appeal scheme brings forward the maximum amount of affordable housing. Although below the 30% stated in Core Strategy policy CS19, the supporting text to that policy (paragraph 9.60) makes it clear that those requirements are dependent on the size, location and viability of a proposed scheme. 35. Given separation distance, change in levels, intervening existing and proposed planting, and the placing of the proposed blocks and openings within them in https://www.gov.uk/planning-inspectorate 5
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Appeal Decision APP/T2215/W/22/3291136 relation to the nearest homes in Woodland Way, unacceptable overlooking to private gardens or internal rooms would not be a consequence of development. For the same reasons unacceptable loss of daylight, sunlight or overshadowing to the same properties would not result. In addition, for all the same reasons the proposed development would not appear overbearing when viewed from those same properties. 36. Due to the separation distance, change in levels and intervening existing and proposed planting and boundary features, unacceptable noise or pollution as a result of the proposed car parking would not result. Subject to detailed design, which could be controlled through a planning condition, unacceptable light nuisance would be avoided. 37. Given the separation distance and intervening road between the appeal development and properties on Station Road, including Heron House and Marston Court, no material impacts on those residents’ living conditions would be a consequence of development. 38. Material impacts on air quality are likely to be low, given the existing traffic in the locality and proposed car parking.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision A planning condition could control measures to mitigate residual impacts to ensure an acceptable development in that respect. 39. Construction works would inevitably impact those who live nearby. However, that would be for a limited time and minimised through measures set out in a construction management plan, which could be the subject of a planning condition. I have no substantive evidence that an increase in crime would be a consequence of the appeal development. 40. The appeal development would include elements to reduce its impact on climate change. Those include its location in the urban area, close to facilities, services and public transport, measures to achieve carbon emission reduction and biodiversity enhancement, sustainable urban drainage, tree protection and planting, provision of open space, limited car parking, cycle parking and electrical vehicle charging points. 41. Whilst the appeal development would generally accord with the Kent Design Guide, I note some detailed aspects would not. However, that is guidance only and not determinative in this appeal, therefore. 42. In coming to my Decision, I have had regard to a previous appeal Decision on the appeal site (APP/T2215/W/17/3182948).
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Where relevant to this appeal, I have generally concurred with that Inspector’s conclusions. 43. Development further afield includes the historic core of Greenhithe Conservation Area and the grade II listed Woodlands. Given the separation distance, intervening development and the nature of development proposed, the appeal development would preserve the special architectural and historic interest of the listed building and preserve the character and appearance of the Greenhithe Conservation Area. Planning Obligation 44. A Planning Obligation by way of Unilateral Undertaking under section 106 of the Town and Country Planning Act 1990 is before me. Whilst the Council has confirmed that it is satisfied with its contents, for its provisions to be given https://www.gov.uk/planning-inspectorate 6
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Appeal Decision APP/T2215/W/22/3291136 weight in the determination of this appeal, I am required to assess whether they are necessary to make the proposed development acceptable in planning terms, directly related to the proposed development and fairly and reasonably related in scale and kind. 45. For the reasons set out earlier, affordable housing provision is necessary to further the aims of Core Strategy policy CS19. The mix has been scrutinised by the Council and given viability matters, is considered to be appropriate; a conclusion with which I have no reason to disagree. 46. A car parking management plan is necessary to ensure that spaces provided are managed appropriately on site to meet development needs. A travel plan is required to ensure that non-motorised forms of transport are optimised. A monitoring fee has been calculated to cover the costs of the appointment of a travel plan co-ordinator for a period of 5 years post development. Those provisions would be necessary to ensure a high quality development. Together, they meet the relevant tests outlined above. Those provisions therefore weigh in favour of the appeal. 47.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision The Planning Obligation also requires that ground rents would not be payable, which would help to ensure social equity. Provision and retention of a Local Play Area within the central courtyard for use by the public would help to create a high quality development. However, there is insufficient justification for me to be assured that those measures would meet the relevant tests outlined above. Those provisions, therefore, do not weigh in favour of the appeal. Habitats Regulation Assessment (HRA) 48. The appeal site falls within the Zone of Influence of Thames Estuary & Marshes Ramsar / Special Protection Area (SPA), being within 10 km. That protected site is designated primarily for wintering bird populations. For the purposes of an HRA, I am the Competent Authority. 49. An HRA (May 2021) is before me that screens out likely significant effects on the integrity of the Ramsar / SPA.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Given the distance of the appeal development from the Thames Estuary & Marshes Ramsar / SPA, the nature and scale of the proposed development, that the appeal site and protected site are not hydrologically linked and that the character of the estuaries of the Greater Thames would help mitigate water quality changes from sewerage, I concur with those findings. 50. Natural England was consulted and raise no objection to the proposed development. Overall, I am content that the proposed development would have no adverse effect on the integrity of the European site alone or in combination. Conditions 51. A list of suggested planning conditions is before me. Those conditions generally accord with national policy and guidance2 and where they do not, I have modified them accordingly, to include retention clauses, simplify requirements in the interests of clarity, and remove any requirement to agree further details with the Local Planning Authority, other than those subject of a condition. 2 Paragraph 55 of the Framework and PPG including paragraph 21a-003-20190723 https://www.gov.uk/planning-inspectorate 7
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Appeal Decision APP/T2215/W/22/3291136 52. Standard time and plans conditions are necessary to ensure clarity in the development process. I have removed evidence base documents from the plans condition in the interests of certainty and clarity. Details of an archaeological watching brief are required before development commences, to protect heritage interests. Given evidence of historic contamination, with some modification, conditions to prevent environmental risks are necessary and will ensure unidentified pollution is adequately dealt with. Those conditions should include actions pre-commencement, as such measures are integral to the scheme, and during/post construction to ensure ongoing remediation and verification as required. 53. A construction management plan is required before development commences, which should include access arrangements during construction, along with restriction of working hours, to ensure highway safety and protect the living conditions of those living nearby. Tree protection measures are required pre- commencement, to protect the character and appearance of the locality and the site’s biodiversity.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision To ensure against flooding, either on or off site, a sustainable surface water drainage scheme is required. As that is integral to the appeal development it will be needed before development commences, followed by confirmation of its efficacy post construction. A condition to restrict surface water infiltration is required, to protect against ground water pollution. 54. To ensure highway safety, details of vehicle access arrangements should be provided before development commences and completed before occupation. Completion prior to commencement would be onerous. As proposed development would be close to underground water utility infrastructure and possibly archaeology, any piling should be controlled. A condition to ensure acoustic attenuation measures are implemented in full is required, given the proximity of a busy road network. To protect air quality, development should be carried out to accord with the scheme’s air quality assessment. 55. Details, including samples of materials for external surfaces, along with restriction of plant, equipment or structures above roof level and on elevations is required to ensure a high quality development, given the nature of development and its prominent location.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision As that condition would restrict satellite antennae and television aerials a further condition in that regard is not required. Conditions requiring ecological enhancement and habitat establishment, including green roofs and other measures, are necessary to ensure a good form of development. A landscape strategy and restriction on shrub removal are required for the same reasons. Given identification of protected species and the proximity of existing homes, a lighting strategy is required. 56. Details of electrical charging points and cycle parking are required to help promote sustainable forms of travel. To ensure highway safety, a condition to secure vehicle parking arrangements is required, amended in the interests of clarity. To ensure a sustainable form of development details of measures to limit water usage are required. Planning Balance 57. Section 38(6) of the Planning and Compulsory Purchase Act 2004 sets out, that if regard is to be had to the Development Plan for the purpose of any determination to be made under the planning Acts, the determination must be made in accordance with the Development Plan, unless material considerations https://www.gov.uk/planning-inspectorate 8
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — Appeal Decision Appeal Decision APP/T2215/W/22/3291136 indicate otherwise. In this case, I have no reason to determine that regard should not be had to the Development Plan. 58. The most important policies for the determination of this appeal are Development Policies Plan policies DP2, DP5 and DP8 and Core Strategy policies CS17 and CS18. No evidence is before me to indicate that those policies do not accord with the NPPF. As no conflicts with those policies have been found, I conclude that the appeal development accords with the Development Plan, when read as a whole. 59. I have found some conflict with Development Management Policies policy DP6. However, for all the reasons set out, that limited conflict is insufficient to conclude that the appeal development fails to accord with the Development Plan, when read as a whole. 60. Overall, I consider that the other material considerations do not indicate that this appeal should be determined other than in accordance with the Development Plan. The appeal therefore succeeds. Conclusion 61. The appeal should be allowed, subject to the conditions set out in Annex A.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett INSPECTOR https://www.gov.uk/planning-inspectorate 9
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett INSPECTOR https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/T2215/W/22/3291136 Annex A 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. Development shall be carried out in accordance with the following plans and documents: P001-S2-P0 - Site location plan P002-S2-P0 - Proposed block plan P100-S2-P0 - Proposed ground floor plan P101-S2-P0 - Proposed first floor plan P102-S2-P0 - Proposed second floor plan P103-S2-P0 - Proposed third floor plan P104-S2-P0 - Proposed fourth floor plan P105-S2-P0 - Proposed block a floor plans P106-S2-P0 - Proposed block b floor plans P107-S2-P0 - Proposed block c floor plans P200-S0-P0 - Site elevations P201-S0-P0 - Proposed block a elevations P202-S0-P0 - Proposed block b elevations P203-S0-P0 - Proposed block c elevations P300-S0-P0 - Long site sections P301-S0-P0 - Short site sections 1 P302-S0-P0 - Short site sections 2 0176-200 – Rev P01 Landscape soft works masterplan 0176-201 – Rev P01 Landscape tree species master plan 0176-202 – Rev P01 Landscape roof masterplan Noise Report (5 May 2021) by RBA Acoustics Air Quality Assessment (5 May 2021) by EGB Environmental.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett Arboricultural Survey and Impact Assessment (May 2021) Written scheme of investigation: method statement for an archaeological watching brief (May 2021) Flood risk assessment and surface water drainage strategy report (May 2021) Phase I geo-environmental assessment (May 2021) Phase II geo-environmental assessment (May 2021) Sustainability, Energy & Water Statement (10 May 2021) 3. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of an archaeological watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that groundworks are observed, and items of interest and finds are recorded. The watching brief shall be in accordance with a Written Scheme of Investigation, which has been submitted to and approved in writing by the Local Planning Authority. 4. Prior to the commencement of development approved by this planning permission, the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority: https://www.gov.uk/planning-inspectorate 10
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett Appeal Decision APP/T2215/W/22/3291136 1) A further boundary site investigation scheme, based on the Phase I Desk Study and preliminary assessment, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those from immediately off site. 2) The results of the site investigation and detailed risk assessment referred to in (1) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 3) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. The scheme shall be implemented as approved. 5.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett Prior to commencement of development on site, a construction management plan shall be submitted to and approved by the Local Planning Authority covering the following issues: (a) Routing of construction and delivery vehicles to/from the site including proposed construction access(es) (b) Parking and turning areas for construction and delivery vehicles and site personnel (c) Timing of deliveries (d) Provision of wheel washing facilities (e) Temporary access, traffic management/signage. The construction works shall be carried out in accordance with the approved details 6. Before commencement of any building operations on site (including demolition and delivery of associated machinery or materials) tree protection measures shall be erected around all retained/protected trees in accordance with details to be submitted to and approved by the Local Planning Authority and shall be maintained for the duration of the construction period. 7. Development shall not begin in any phase until a detailed sustainable surface water drainage scheme for the site has been submitted to (and approved in writing by) the Local Planning Authority.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett The detailed drainage scheme shall be based upon the submitted Drainage Strategy Report (3 April 2020). The submission shall also demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of within the curtilage of the site without increase to flood risk on or off-site. The drainage scheme shall be implemented in accordance with the approved details. 8. Prior to commencement of the development hereby approved, detailed drawings of the proposed vehicular accesses and visibility splays shown on the approved plans and submitted Transport Assessment shall be provided to the Local Planning Authority for approval. The approved details shall be constructed with no obstructions over 0.6 metres above carriageway level https://www.gov.uk/planning-inspectorate 11
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett Appeal Decision APP/T2215/W/22/3291136 within the splays, prior to occupation of the development and thereafter maintained in perpetuity. 9. No construction work shall take place on the site outside the hours of 0800 to 1800 Mondays to Fridays inclusive, and 0800 to 1300 on Saturdays with no working on Sundays and Bank Holidays. 10.No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface water infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority. Any piling must be undertaken in accordance with the terms of the approved piling method statement. 11.If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett 12.The acoustic attenuation measures to all external windows, doors, balconies, and ventilation serving the residential dwellings shall be implemented in accordance with the recommendations as set out in Appendix C of the Noise Report dated 5 May 2021 by RBA Acoustics. 13.The construction of the proposed development shall be carried out in accordance with the submitted Air Quality Assessment dated 5 May 2021 by EGB Environmental. 14.Before the development hereby approved reaches slab level, details and samples of all materials to be used externally shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include all external materials, balustrades, seating, windows, and doors. The development shall be carried out in accordance with the approved details. 15.No building hereby permitted shall be occupied until a verification report, pertaining to the surface water drainage system, and prepared by a suitably competent person, has been submitted to and approved by the Local Planning Authority. The Report shall demonstrate that the drainage system constructed is consistent with that which was approved.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett 16.Prior to occupation of the development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. Any long-term monitoring and maintenance plan shall be implemented as approved. 17.Within 3 months of works commencing on-site, a habitat establishment and management plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the following: https://www.gov.uk/planning-inspectorate 12
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett 16.Prior to occupation of the development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. Any long-term monitoring and maintenance plan shall be implemented as approved. 17.Within 3 months of works commencing on-site, a habitat establishment and management plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the following: https://www.gov.uk/planning-inspectorate 12
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett Appeal Decision APP/T2215/W/22/3291136 • Methodology of how the green roof and landscaping will be established • Timings of works • Overview of management and maintenance required • Five year rolling timetable of the ongoing management. • On going monitoring of the green roof, landscaping and ecological enhancement features. The approved plan shall be implemented prior to occupation of the buildings and thereafter in accordance with the timings set out in the approved plan. 18.Within 3 months of work commencing on-site, an ecological enhancement plan shall be submitted to and approved by the Local Planning Authority. The plan shall provide full details of all ecological features including integrated bat and bird boxes and insect hotels to be incorporated into the buildings and site. The approved features shall be incorporated into the site prior to the occupation of the development in accordance with the approved details and thereafter retained as such. 19.Prior to first occupation of the development hereby permitted, a lighting design strategy for the site shall be submitted to and approved in writing by the Local Planning Authority.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett All external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy prior to occupation of the buildings and no other external lighting shall be installed without prior express consent from the Local Planning Authority. 20.Prior to occupation of the development hereby approved, a comprehensive landscaping strategy including both hard and soft landscaping and demonstration of how the strategy will enhance the biodiversity value of the site in line with conditions 17 and 18, together with a landscape management plan, shall be submitted to and approved by the Local Planning Authority and shall be implemented prior to first occupation (unless this falls outside of the planting season in which case it shall be implemented at the first opportunity during the following planting season, between October and March inclusive). Such landscaping shall thereafter be maintained for a period of five years. Any trees, shrubs or grassed areas which die, are removed or become seriously damaged or diseased within this period shall be replaced within the next planting season with plants of similar species and size to that approved.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett 21.Prior to the occupation of the development hereby approved, full details of the electric vehicle charging points shall be submitted to and approved by the Local Planning Authority. If not all car parking spaces are served by active electric vehicle charging points, details shall be submitted demonstrating how future demand will be addressed including timings for installation. The electric vehicle charging points shall be provided prior to occupation of the development and maintained thereafter in accordance with the approved details. 22.The dwellings hereby approved shall not be occupied until evidence is submitted to the Local Planning Authority confirming that measures to achieve internal water usage rates of not more than 110 litres per person https://www.gov.uk/planning-inspectorate 13
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett Appeal Decision APP/T2215/W/22/3291136 per day have been implemented. Development shall be carried out in accordance with that submitted evidence. 23.Prior to occupation of the development hereby approved, full details of the cycle parking facilities within each block shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented prior to occupation of the building and the cycle parking facilities shall be maintained for such use in perpetuity. 24.The car parking spaces, and areas providing access thereto, as shown on the approved plans, shall be provided prior to occupation of the units hereby approved that they serve and kept available for such use at all times. No development, whether permitted by the Town and Country Planning (General Permitted Development) Order 2015 or not, shall be carried out on those areas of land or preclude vehicular access thereto. 25.No structure, plant, equipment or machinery shall be placed, erected or installed on or above any of the roofs or on external walls without the prior approval being given in writing by or on behalf of the Local Planning Authority.
Land North Of Railway Line And East Of Station Road, Station Road, Greenhithe, Kent, DA9 9NE — Dartford Borough Council — R Barrett 26.Whilst the principles and installation of a sustainable drainage scheme are to be encouraged, no infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details. 27.No tree or shrub removal or clearance works shall take place between 1st March and 31st August inclusive in any year. --- End of Conditions --- https://www.gov.uk/planning-inspectorate 14
Main issues and findings
Character and appearance Against appellant ¶10
The locality has a range of uses, including residential, commercial, and station infrastructure. Dominated by the busy road network, it includes the large Asda store and car park, petrol station and associated development, the modern station building and the mix of development along the nearest part of Station Road.
Living conditions For appellant ¶20
The appeal proposal would include angled rectangular bay windows to some habitable rooms on the upper most floors of Blocks A and B. Those windows would project from the rear elevation and provide adequate daylight and sunlight.
Living conditions For appellant ¶21
The appeal proposal would provide acceptable living conditions for future occupiers, with particular regard to outlook from habitable rooms with projecting bay windows on the rear of blocks A and B.
Policies relied on
| Reference | Weight |
|---|---|
| DP2, DP5, DP8, CS17, CS18, NPPF |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 14 pages, issued by the Planning Inspectorate on 24 April 2023 under the Open Government Licence.