Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Inquiry held on 16 – 24 May 2023 Site visit made on 19 May 2023 by R Norman BA(Hons), MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 28/11/2023 Appeal Ref: APP/A2280/W/22/3313673 Land to the East and West of Church Street, Cliffe, Rochester • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Trenport Investments Ltd against the decision of Medway Council. • The application Ref MC/22/0254, dated 31 January 2022, was refused by notice dated 11 November 2022. • The development proposed is an outline application with all matters reserved except for access for a residential development of up to 250 dwellings and a mixed-use community hub together with associated infrastructure including public open space and community facilities comprising a replacement sports ground and pavilion, with accesses from Church Street, Cooling Road and Buttway Lane. Decision 1.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision The appeal is allowed and planning permission is granted for an outline application with all matters reserved except for access for a residential development of up to 250 dwellings and a mixed-use community hub together with associated infrastructure including public open space and community facilities comprising a replacement sports ground and pavilion, with accesses from Church Street, Cooling Road and Buttway Lane at Land to the East and West of Church Street, Rochester in accordance with the terms of the application, Ref MC/22/0254, dated 31 January 2022, subject to the conditions in the attached schedule. Preliminary Matters 2. The proposal was submitted in outline with only access committed at this stage. All other matters (scale, appearance, layout and landscaping) are reserved for later consideration. An illustrative masterplan (Drawing No 0319 Rev 01) has been provided and I have considered this as indicative only. 3. During the Inquiry, the Cliffe and Cliffe Woods Neighbourhood Plan went to a referendum with around 87% votes in favour. Following the Inquiry, the Neighbourhood Plan was formally adopted by the Council on 24 May 2023. 4.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision During the Inquiry, and following the cross-examination of the Council’s witness, the Council reconsidered their position. A statement was provided1 which confirmed that they no longer wished to maintain their reasons for refusal and outlined their reasons for this in paragraphs 3 – 6 of the statement. 1 Amended Statement of Case on Behalf of Medway Council dated 22 May 2023 https://www.gov.uk/planning-inspectorate

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision During the Inquiry, and following the cross-examination of the Council’s witness, the Council reconsidered their position. A statement was provided1 which confirmed that they no longer wished to maintain their reasons for refusal and outlined their reasons for this in paragraphs 3 – 6 of the statement. 1 Amended Statement of Case on Behalf of Medway Council dated 22 May 2023 https://www.gov.uk/planning-inspectorate

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 5. A signed Section 106 Agreement, dated 2 June 2023, has been provided. I will return to this later on in this decision. Main Issues 6. The main issues are: • Whether the proposed development would be in a suitable location having regard to access to services and facilities; • The effect of the development on the character and appearance of the area and the countryside; • The effect of the development on the living conditions of nearby residents; • The effect of the development on the provision of community facilities, specifically the APCM Sports Ground; and • In light of the lack of a five-year housing land supply, the weight that should be given to the relevant Development Plan Policies. Reasons Location of development 7. The appeal site comprises three parcels of land within the village of Cliffe. These comprise an area of land to the east of Church Street and north of Cooling Road, which incorporates the existing APCM Sports Ground, land to the north of New Road and west of Church Street and an area to the west of Church Street and the south of Buttway Lane. The site is not subject to any formal landscape designations. 8.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision It is not disputed between the parties that the appeal site is located within the countryside for the purposes of the development plan. Policies S1 and S2 of the Medway Local Plan (MLP) deal with the strategic and sequential location for new development, requiring the priority to be within existing urban areas. Although not referenced in any of the now withdrawn reasons for refusal, the Council’s Committee Report2 makes reference to MLP Policy BNE25 which relates to development in the countryside and lists the criteria to be met for development to be acceptable in these areas. The appeal proposal does not fall within those listed development types. 9. It is common ground between the parties that the proposed development would result in the expansion of the existing village by around 25%. This would represent a substantial increase in the size of the village, which may have implications for the existing services and facilities. I have been provided with a plan indicating the facilities available within Cliffe and Cliffe Woods3 and noted the availability of these during the site visits. My attention has also been drawn to the bus services available which connect Cliffe to Strood, Chatham and Rochester4.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Furthermore, there is a station at Higham which provides services to various destinations including Rochester, Gravesend and London. The Appellant has identified alternative routes for cycling between Cliffe and Cliffe 2 21 September 2022 3 Figure 4 Traffic and Transport Proof of Evidence of Philip Hamshaw Volume 2 Appendices 4 Statement of Common Ground paragraph 1.17 https://www.gov.uk/planning-inspectorate 2

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Furthermore, there is a station at Higham which provides services to various destinations including Rochester, Gravesend and London. The Appellant has identified alternative routes for cycling between Cliffe and Cliffe 2 21 September 2022 3 Figure 4 Traffic and Transport Proof of Evidence of Philip Hamshaw Volume 2 Appendices 4 Statement of Common Ground paragraph 1.17 https://www.gov.uk/planning-inspectorate 2

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 Woods via other routes off the main road, such as Cooling Road and Well Penn Road. 10. The main access between Cliffe, Cliffe Woods and the wider towns and facilities is via the B2000. This is the main link to the wider highway network and is heavily used by vehicular traffic. It has speed limits of 30 and 40mph.There are some areas of footpaths and street lighting. 11. The proposal would include measures to improve accessibility to wider services and facilities, including the use of the shuttle bus to Strood and the station and extended bus timetabling, improvements to the highway network including further afield to the B2000 and A289 junction, and byway RS84 and safety improvements. The development would also include charging points for electric vehicles for both future residents also existing residents. Furthermore, there are existing services and facilities within Cliffe that would benefit from increased levels of use as a result of additional residents within the village. 12. The Council’s original reason for refusal (4) referred to a conflict with Policies T3 and T4 of the MLP in relation to the location of the proposed development.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Whilst the appeal site is located outside of the defined settlement, I have found that in terms of accessibility to services and facilities, the development would provide improvements and opportunities for alternative methods of transport including electric vehicles. I have had regard to the level of services provided in the surrounding area and accordingly I conclude that the development would not be in an unsustainable or unsuitable location and would therefore comply with MLP Policies S1 and S2 in this regard. It has not been disputed that a countryside location does not automatically result in a breach of S1 and S2 and I note the previous conclusions5 that these policies are inconsistent with the National Planning Policy Framework (the Framework). 13. I also find no conflict with Policies T3 and T4 of the MLP which seek to ensure that development proposals provide attractive and safe pedestrian access and maintain or improve pedestrian routes, and provide cycle facilities and opportunities, amongst other things. It would also comply with the aims of the Framework in paragraphs 105 and 111 as well as its presumption in favour of sustainable development.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision It would also accord with the aims of the Cliffe and Cliffe Woods Neighbourhood Plan 2022 – 2040 (NP) in Policy INFRA3 in relation to opportunities to make connections and improvements to connectivity for residents amongst other things. The proposal would conflict with the provision of MLP Policy BNE25 however as it does not meet the criteria. I will return to the status and weight of this policy shortly. Character and Appearance 14. The proposed development would introduce up to 250 dwellings into the site, as well as a mixed-use community hub, public open space and replacement sports ground and pavilion. The proposal is in outline form at this stage, with only access committed for consideration, and therefore the layout, appearance, landscaping and scale of the proposed development will be detailed in later Reserved Matters submissions. However, an illustrative masterplan has been provided which gives an indication of the potential way in which the development could be approached. 5 CD9-8a https://www.gov.uk/planning-inspectorate 3

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 15. Cliffe is a village with two distinct areas of development comprising a group of properties set within estates off Cooling Road and Higham Road to the south of the village and a larger area to the north comprising the core of the village, more areas of housing and facilities such as the school, community buildings and the Church. The proposed development would sit between these two areas and link them. 16. Although resulting in a large-scale increase to the village, the proposed residential areas would be located largely adjacent to the existing built form. The illustrative masterplan indicates how the extent of the new estates could correspond with the existing residential areas within the village and consolidate the two separate areas. When viewed along Church Street, the view and experience would be commensurate with that currently experienced when passing the existing areas of housing. From other wider views, such as the public rights of way and West Street, Higham Road and Cooling Road, I consider that the proposed residential areas would be read against the backdrop of the existing built form. 17.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision In terms of the appearance of the development, the proposal is in outline at this stage and therefore matters of the scale, appearance, landscaping and layout of the residential areas would be considered as part of subsequent applications. However, a series of parameter plans6 and a design code7 has been prepared as an indication of how the site could be developed. These provide a thorough investigation into the context, character and evolution of Cliffe and how the proposed development could accord with its surroundings and the wider landscape context. Accordingly, I consider that the proposed development could be carefully and sensitively designed so as to positively reflect and enhance the characteristics of the existing village, without resulting in harm to its character and appearance. 18. In conclusion, I find that, notwithstanding the scale of the proposed development, it would not be harmful to the character and appearance of the area. It would therefore comply with Policies S1, S2 and BNE1 of the MLP.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision BNE1 refers to general design principles and seeks to ensure that development respects the scale, appearance and location of the surrounding area and is appropriate in relation to the character, appearance and functioning of the built and natural environment, amongst other things. Policy SUSDEV4 of the NP seeks to ensure that new development is sensitive to the landscape, does not impact adversely on view from the countryside and conserves, enhances or strengthens the character and distinctive features of the landscape, amongst other things and the proposal accords with this. It would also comply with the provisions of paragraph 130 of the Framework which aims to ensure that developments result in well-designed places. Living Conditions 19. The proposed development would introduce new housing and community facilities within the existing village in proximity to existing residential properties. The B2000 is the main road through Cliffe and Cliffe Woods and therefore the main increase in vehicular movements arising from the development, and during the construction period, would be along this road. 6 CD2.5.5 – CD2.5.9 7 CD2.6 https://www.gov.uk/planning-inspectorate 4

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 There are a number of existing residential properties along Church Street and Station Road in Cliffe and also within Cliffe Woods. 20. Substantial technical evidence has been provided including a Transport Assessment8 and Chapter 11 of the Environmental Statement9 which included various modelling methods to estimate the likely traffic generation and associated implications for the highway network and the surrounding area. The documents provided identify that whilst there would be an increase in traffic flows as a result of the development, both the B2000 and the A289 further afield would still be operating within their capacity. The submitted information has been thoroughly carried out and I am satisfied that the information provided is robust and demonstrates that there would not be excessive levels of road noise, nor issues with capacity that would result in adverse impacts to the living conditions of existing residents and their ability to use the surrounding highway network.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision The submitted Environmental Statement demonstrates that the impacts of the proposed development would be negligible in terms of pedestrian delay, pedestrian amenity, and levels of dust and dirt and highlights some minor beneficial impacts arising from junction improvement and speed measures in relation to drivers and safety implications. 21. The proposal includes a number of highway improvement works. These involve the construction of new access junctions which meet the necessary standards, the provision of formal on-street parking spaces on Church Street, new pedestrian crossing points on Church Street, formal on street parking and a new footpath on Station Road and new and improved road signs and markings along the B2000. The current arrangements for much of the on-street parking along these roads is relatively ad-hoc and leads to some cars having to wait to pass. It has been demonstrated that the proposed improvements meet the relevant highway safety technical standards. I find therefore that the development would bring about benefits to highway safety and to road and pedestrian users in the village. 22.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Concerns were also raised in relation to noise and air pollution to existing residents as a result of increased traffic levels arising from the development. I have been provided with technical notes on air quality and noise10. Taken in conjunction with the Environmental Statement, these demonstrate that the modelling undertaken is suitable and robust and that there would be no perceptible adverse impacts relating to these issues. Based on the evidence before me, I am satisfied that there would not be any undue harm arising from noise or air pollution as a result of the appeal proposal. 23. Whilst I accept that there will be some disturbance and disruption to the living conditions of future occupiers during the construction period, this can be managed through a careful construction management plan, secured by condition. I note the Resident Amenity Survey11 however I find that the evidence presented demonstrates that the likely level of additional traffic generated by the development would not result in undue harm or disturbance to the living conditions of nearby residents. As such, the proposal would comply with the provisions of Policies BNE2 and T2 of the MLP.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision These seek to ensure 8 CD 2-2 9 CD 2-4 10 Technical Note on Air Quality, Phlorum, dated April 2023 and Technical Note on Noise, Resound Acoustics, dated April 2023 11 CCWRDG/POE-05 APP Appendix 2 https://www.gov.uk/planning-inspectorate 5

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision These seek to ensure 8 CD 2-2 9 CD 2-4 10 Technical Note on Air Quality, Phlorum, dated April 2023 and Technical Note on Noise, Resound Acoustics, dated April 2023 11 CCWRDG/POE-05 APP Appendix 2 https://www.gov.uk/planning-inspectorate 5

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 that all development protects the amenities of future and nearby and adjacent occupiers having regard to noise, airborne emissions and activity levels and traffic generation, and achieve suitable and safe access to the highway, amongst other things. It would also accord with the Framework in paragraph 130 which requires development to achieve a high standard of amenity for existing and future users, amongst other things. Community Facilities 24. The proposed development would involve the removal of the existing APCM Sports Ground and its relocation further to the north of the settlement, with the main vehicular access being off Buttway Lane. The current APCM comprises football pitches, tennis courts, a cricket pitch and a pavilion and is an asset of community value. 25. The proposed relocated sports ground would provide two football pitches, a cricket pitch, three tennis courts, three cricket nets and a new pavilion, housing two changing rooms. This would go over and above the existing facilities and provide a replacement of a higher standard than existing. Sport England were consulted on the proposed replacement facilities.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision They have a series of exceptions where the loss of playing field facilities would be acceptable. This includes exception E4 which specifies that the area of playing field to be lost as a result of the proposed development will be replaced, prior to the commencement of development, by a new area of playing field of equivalent or better quality and of equivalent or greater quantity and in a suitable location and subject to equivalent or better accessibility and management arrangements12. 26. The relocated sports ground would be accessed via Buttway Lane for vehicles, including team coaches. Buttway Lane is a relatively narrow road with very limited stretches of footpath. The majority of Buttway Lane from the village to the proposed sports ground access would require pedestrians to walk in the road as a shared surface. The road serves a number of properties and there is some on street parking. Closer to the proposed access, the road is narrow with no footpath or street lighting. I note that there have been no recorded accidents in a five-year period to December 2020 and that Buttway Lane has been designated as a National Cycle Network route.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision This therefore provides an existing route for cyclists despite its overall width and use by vehicles. The proposal would involve the extension of the existing 30mph speed limit further along Buttway Lane as well as the provision of a new access point into the sports ground and an additional passing bay. I have had regard to the comments of the National Highways team who recommended conditions and concluded that the proposed development would not have an unacceptable impact on the safety of the road network. 27. The proposed Sports Ground would also be accessed via existing public footpaths off Church Street and a shared cycle and pedestrian route from Higham Road would be available13. Some of these areas of footpath are overgrown or in poor condition, however these could be maintained and would provide accessible and useable ways to access the sports ground for pedestrians and cyclists away from Buttway Lane. 12 Sport England Playing Fields Policy and Guidance (March 2018) 13 Drawing 0317 Rev 01: Pedestrian & Cycle Accessibility to Proposed Sports Ground https://www.gov.uk/planning-inspectorate 6

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 28. The new location of the sports ground would be further away for some properties, but conversely, there would be other properties which would be closer and have easier access to the ground than in its current location. Whilst the sports ground would be located further north than the current APCM, much of the existing residential development and several of the village facilities are towards the north of the village and I have been provided with evidence relating to the numbers of properties served within 10-minute walking distances of the existing and proposed locations14. I therefore find that the new location would be suitable in terms of both vehicular and pedestrian access. 29. The community hub element of the proposal would involve a mixed-use building. Whilst the specific end use has yet to be determined for this, it is likely that this could reasonably include facilities such as a café or retail unit or workspaces. The provision of the community hub would be secured within the legal agreement and conditions could be applied to ensure that any end use does not result in harm to the living conditions of nearby residents. 30.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision The sports ground would be located to the rear of a row of existing properties along Buttway Lane which would provide a suitable level of surveillance for those using the access and the facilities themselves. I have had regard to the comments of Kent Police in relation to the original application and note the reported crime data15 and based on the evidence before me I therefore do not find that there would be any likely issues in relation to safety and anti-social behaviour as a result of the location of the sports ground. 31. I note that the Cliffe and Cliffe Woods Residents Development Group (CCWRDG) had correspondence with Sport England including requesting a site visit and further consideration of the proposals. However, Sport England advised that they did not wish to raise an objection to the application as it is considered capable of meeting exception 4 subject to further details and the imposition of conditions16. Sport England have strict and clear guidance of what should be provided, and I am assured by their response that the provision of the replacement sports ground would meet their requirements in this instance and fall within exception E4 to provide a suitable replacement facility. 32.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision In addition to the provision of a replacement area of formal sports pitches, the proposal would also include an area of over 9ha of informal open space, a semi-natural open space (SNOS), to the western part of the site. This would provide a large area for informal recreation and exercise. 33. Concerns have been raised over the loss of the current area which is well used for dog walking and general leisure purposes. The SNOS would be accessed via a number of locations including through the proposed estate, from Higham Road, along the public byway from Church Street and from the formal sports area. This would provide a number of walking options and a substantial area for those wishing to use it to exercise their dogs. 34. The current area is located in proximity to a number of properties which provides a good level of surveillance The SNOS would be located behind, not only some of the existing properties on New Road, but also the new properties to the west of Church Street.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision As part of the Reserved Matters, the layout and 14 Figures 1 – 3 Traffic and Transport Proof of Evidence of Philip Hamshaw Volume 2 Figures and Appendices 15 Kent Police Reported Crime Data 16 Sport England Consultation Response Appendix 1 Consult QRD https://www.gov.uk/planning-inspectorate 7

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision As part of the Reserved Matters, the layout and 14 Figures 1 – 3 Traffic and Transport Proof of Evidence of Philip Hamshaw Volume 2 Figures and Appendices 15 Kent Police Reported Crime Data 16 Sport England Consultation Response Appendix 1 Consult QRD https://www.gov.uk/planning-inspectorate 7

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 orientation of these new properties would be considered and could be designed in such a way to provide a good level of surveillance. As such, I have not been provided with sufficient evidence to suggest that the SNOS would be unsafe to use or result in anti-social behaviour. 35. The SNOS would be located in proximity to an existing RSPB site, Cliffe Pools Nature Reserve, and therefore consideration must be given to the impact of the use of the SNOS on this habitat. I have been presented with limited evidence that adverse impacts would arise in this regard, for example through dogs being on the land, and the submitted information and surveys, as well as the statutory nature consultee responses do not highlight any likely harmful impacts. The overall size of the site, as well as conditions to secure the ongoing Landscape and Management Plan would ensure that the development would not have harmful impacts on the local RSPB site. 36. In addition to the replacement Sports Ground, Pavilion and SNOS, there would be children’s play areas within the estates, some of which would include play equipment.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Full details of these can be secured by condition to be detailed and approved at Reserved Matters stage. 37. I recognise the strength of local feeling in relation to the loss of the existing APCM and that for some residents, the facilities would be located further away from their homes than the existing APCM. I also note its designation as an Asset of Community Value. I have been provided with details of the leases, asset of community value documentation and licences17 and but this is not a matter for me in terms of planning considerations. However, for the above reasons, it has been demonstrated that the provision of the new facilities, both the formal pitches and pavilion, and the informal SNOS area would provide a suitable replacement in terms of quality and quantity and an improvement on what is available currently. Furthermore, the proposed facilities would be suitable for all of the current formal and informal uses that take place currently on the existing APCM.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I note the findings of the Medway Playing Pitch Strategy and the Medway Local Football Facility Plan and I have been provided with examples of the methods of securing the community uses through Community Use Agreements or Fields in Trust Deed of Dedication and I am therefore satisfied that the proposed Sports Ground and the SNOS would provide suitable and a high level of community facilities for the village. 38. Accordingly, I find that the proposal would comply with Policy L3 of the MLP which seeks to ensure that development which would involve the loss of existing formal open space, informal open space, allotments or amenity land would provide alternative open space provision made within the same catchment area and is acceptable in terms of amenity value, amongst other things. The provisions would meet the aims of NP Policy CF2 which encourages new and improved leisure and recreational facility provision.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision It would also comply with the provisions of the Framework paragraphs 84, 92 and 99 which seek to enable sustainable leisure developments which respect the character of the countryside, development of accessible sports venues and open space, healthy lifestyles through the provision of safe and accessible green infrastructure and sports facilities and ensure that any loss of existing open space, sports and recreational buildings and land are replaced by equivalent or better provision in terms of quantity and quality in a suitable location. 17 CCWRDG/POE-06 APP https://www.gov.uk/planning-inspectorate 8

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision It would also comply with the provisions of the Framework paragraphs 84, 92 and 99 which seek to enable sustainable leisure developments which respect the character of the countryside, development of accessible sports venues and open space, healthy lifestyles through the provision of safe and accessible green infrastructure and sports facilities and ensure that any loss of existing open space, sports and recreational buildings and land are replaced by equivalent or better provision in terms of quantity and quality in a suitable location. 17 CCWRDG/POE-06 APP https://www.gov.uk/planning-inspectorate 8

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 Five Year Housing Land Supply and Policy Implications 39. The parties agree that the Council cannot currently demonstrate a five-year supply of housing land and the current figure of 3.4 years is not disputed18. This represents a significant shortfall and the policies in the MLP which seek to restrict the provision of new housing should be considered to be out of date. As a result of this, the ‘tilted balance’ in paragraph 11d) of the Framework is engaged and permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole19. 40. The Appellant has listed the policies that they consider to be most important for determining the application20. They have also provided an assessment of whether the policies are out of date or consistent with the Framework and the weight to be attached to them21. This has not been disputed by the other parties and I have little before me that would lead me to dispute the findings in this regard. 41.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I have found conflict with MLP Policy BNE25 which is a restrictive policy seeking to limit development in the countryside to certain types. As such, this policy is inconsistent with the provisions of the Framework and is therefore out of date. I have not found conflict with any other policies of the development plan in this case. I will return to the tilted balance within the overall planning balance. Other Matters Public Consultation 42. Concerns have been raised in relation to the level and quality of public consultation carried out before the planning application was submitted to the Council. The CCWRDG raised concerns that the method used to invite people was flawed22, there was a lack of advertising on social media and through signage, the timeframes were inadequate, and key opinions were omitted. 43. I have been provided with a Statement of Community Involvement23 which outlines the process undertaken to engage with all relevant parties and stakeholders. This details the types and number of events that were carried out, their dates and the level of engagement that resulted.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I also note that the responses received and concerns raised were summarised and that as a result of the various events, changes were made to the scheme. 44. Based on the evidence before me, including the explanatory emails included in Appendix 2 of the CCWRDG Public Consultation Appendices, I note that the community consultation is not a statutory requirement and I have had regard to the level of consultation carried out. I find that the Appellant, in this regard, provided opportunity for local residents and key stakeholders to engage with the process, and they cannot control the level of take up for the offer of engagement. Whilst I note that there may have been some emails which were not received, I note that the Appellant has records of other emails being opened and not responded to.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I am satisfied on the basis of the information 18 Paragraph 3.4 Revised Statement of Common Ground signed 26 May 2023 and 30 May 2023 19 Paragraph 11 d)ii and Footnote 8 of the National Planning Policy Framework 20 Appendix 1 Planning Proof of Evidence of Huw Edwards: Appendices 21 Appendix 2 Planning Proof of Evidence of Huw Edwards: Appendices 22 Including Appendix 1 of CCW RDG Appendices CCWRDG/POE-03 APP 23 CD1.8 https://www.gov.uk/planning-inspectorate 9

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I am satisfied on the basis of the information 18 Paragraph 3.4 Revised Statement of Common Ground signed 26 May 2023 and 30 May 2023 19 Paragraph 11 d)ii and Footnote 8 of the National Planning Policy Framework 20 Appendix 1 Planning Proof of Evidence of Huw Edwards: Appendices 21 Appendix 2 Planning Proof of Evidence of Huw Edwards: Appendices 22 Including Appendix 1 of CCW RDG Appendices CCWRDG/POE-03 APP 23 CD1.8 https://www.gov.uk/planning-inspectorate 9

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 before me the community consultation was proportionate and satisfactory. Furthermore, the scheme that was subsequently submitted to the Council was significantly reduced from the scheme consulted on and all relevant parties would have been formally consulted on the scheme as part of the planning application process. I therefore find that the community consultation process carried out would have had no negative bearing on the consideration of the appeal scheme. Agricultural Land 45. The appeal site includes areas of agricultural land. The CCWRDG consider that this land falls within Grade 1 and the Appellant stated that the land is classified as Grades 2 and 3a, with the majority falling within 3a. 46. The acute housing shortage in Medway, is likely to result in the need to use BMV land to provide housing in the forthcoming years as the lower quality land is located within special protection areas. I note that the land is high quality and is used for growing food and I acknowledge the concerns about food crisis and the need for arable land.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision However, the appeal site equates to a relatively small proportion of the agricultural land in Medway and the submitted Agricultural Land Classification and Soil Resources24 survey identified the land as mainly grade 3a. As such, the level of housing need outweighs the loss of the agricultural land in this instance. I note also that irrigation is no longer a consideration to be factored into the Agricultural Land Classification assessment. 47. Consequently, whilst the loss of agricultural land is regrettable, given the above factors, this would not be sufficient to render the development unacceptable in this instance. Biodiversity 48. The appeal site is located in an area which includes open and agricultural land. In addition, there is an RSPB site is located adjacent to the area where the proposed SNOS would be located and I have considered this above. The application was accompanied by a report detailing Information for Habitats Regulation Assessment25 and Baseline Ecological Studies26. 49. Surveys were carried out in relation to breeding birds, bats, badgers, other mammals and amphibians and consideration given to the nature of the appeal site and the quality of vegetation and hedgerows present.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I note concerns raised in relation to the content of the ecological surveys, including in relation to House Martins that have been noted on existing properties in the village. However, I note that the surveys into birds were for the appeal site itself and not the wider village and the absence of buildings on the majority of the appeal site would preclude the nesting of House Martins. In relation to bats I note that there was potential for some roosts however the surveys carried out demonstrate a low likelihood of bats in the building. It has also been identified that there are no badger setts within the appeal site and, whilst they may have been seen in the area, I have little evidence before me that would lead me to question the conclusions in relation to badgers. 24 Reading Agricultural Consultants 25 Bioscan, January 2022 26 Bioscan, March 2022 https://www.gov.uk/planning-inspectorate 10

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 50. Consequently, the submitted surveys and Environmental Statement have been carried out to an acceptable level and based on the evidence before me, it has been sufficiently demonstrated that the proposed development would not give rise to undue harms in relation to protected species and suitable mitigation could be achieved. 51. The proposal would potentially deliver around 20% biodiversity net gain through the provision of landscaping and the large area of grassland forming the SNOS depending on methodology. I have noted the consultation response from Kent County Council Biodiversity who have also reviewed the submitted ecological information and found it to be sufficient and recommended conditions. 52. The appeal proposal falls within Schedule 2, part 10(b) of the EIA Regulations and is therefore an Environmental Impact Assessment (EIA) development. The proposal has been supported by an Environmental Statement, comprising 4 volumes which has been demonstrated to have been carried out in accordance with the EIA Regulations and best practice guidance.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Concerns have been raised in relation to the content of the Environmental Statement, however I find that it contains the necessary information required to reach a reasoned conclusion on the significance of effects of the proposed development on the environment. The approach of the assessment has been detailed within Chapter 2 and provides consideration of all effects, and the assumptions and guidance used to inform the assessment. I therefore find it to be satisfactory. 53. The appeal site is within 6km of the Thames Estuary and Marshes Special Protection Area (SPA) and Ramsar Site and the proposed development will result in an increase in residential accommodation and therefore may impact on this area as a result of increased recreational disturbance. The Conservation of Habitats and Species Regulations 2017 require competent authorities before granting consent for a plan or project to carry out an appropriate assessment in circumstances where the plan or project is likely to have a significant effect on a European site.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision An Appropriate Assessment has been carried out and Natural England have concluded that due to the agreed strategic solution in place, which they find to be ecologically sound, they are satisfied that the proposal will mitigate against the potential impacts if the appropriate financial contribution is secured. 54. Conditions can be imposed in order to ensure that protected species, their habitats and special areas of protection are not adversely affected and the completed legal agreement includes provision for a SPA mitigation. 55. Subject to the mitigation measures being secured, I am satisfied that there would be no significant impacts on the integrity of the aforementioned European sites nor any protected species or habitats. Withdrawal of the Housing Infrastructure Fund 56. Following the Inquiry, the CCWRDG raised concerns relating to the withdrawal of the Housing Infrastructure Fund (HIF)27.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision The Appellant has provided a response28 and has clarified that the traffic impact assessments that were carried out were not reliant upon the works identified in the HIF and that a contribution towards the Four Elms roundabout improvements are secured 27 Emails dated 12 July and 17 July 2023 28 I-Transport Response ref ITB11092 dated 17 July 2023 https://www.gov.uk/planning-inspectorate 11

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision The Appellant has provided a response28 and has clarified that the traffic impact assessments that were carried out were not reliant upon the works identified in the HIF and that a contribution towards the Four Elms roundabout improvements are secured 27 Emails dated 12 July and 17 July 2023 28 I-Transport Response ref ITB11092 dated 17 July 2023 https://www.gov.uk/planning-inspectorate 11

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 independently of the HIF. I also note that some of the traffic modelling was carried out to include scenarios which were not reliant on the HIF improvements. I am therefore satisfied that the withdrawal of the HIF has little implications for the consideration of this appeal and does not alter my overall conclusions. Health Impacts 57. Issues relating to the Health Impact Assessment (HIA)29 have been raised, including the use of flawed data and the use of the HUDU model. The HIA carried out was a Rapid HIA following the original EIA scoping report and the justification for this demonstrates that this approach was proportionate and reasonable to the scale and type of development proposed. The HIA has taken into account the Joint Strategic Needs Assessments for Medway and the area specific health indicators and has been prepared in accordance with the HUDU framework guidance. In relation to the potential health impacts, the only areas with potential negative impacts are through construction disturbances which can be mitigated through the imposition of conditions requiring construction management plans and will be short term. In many areas, the HIA identifies positive effects. 58.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I have been provided with little sound evidence to lead me to doubt the findings of the HIA or its data and methodology in this instance, including the GP practice information. Furthermore, the development would make contributions towards NHS funding which and other community facilities in order to address community health issues. The community hub would also have the potential to be used for health facilities however I note the end use of this would be determined at a later date. Accordingly, I find the HIA to be sound, robust and has been prepared in compliance with the relevant requirements. Local Objections 59. A large number of public objections have been provided, both in writing and during the Inquiry. In addition, a petition containing a significant number of signatures was provided.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision These concern, in addition to the above matters, impacts on the sewage system and location of the SUDs pond, lack of facilities listed in the submissions, adverse impacts during the construction period, loss of village life, potential for increased levels of flooding on Well Penn Road and Cooling Road, safety concerns in relation to the overhead cables over the replacement sports, impact on house prices, and the field is used for ploughing matches. 60. Regarding the impacts on the sewage system and SuDS location, full details of this can be determined at Reserved Matters stage as part of the site layout. Furthermore, I note the comments from Southern Water Services. Conditions can be applied to ensure that the layout and construction of the site takes into account the location of public assets. As a result, I have evidence before me that there would not be any undue harm to the sewerage system as a result of the development. 61. In relation to the construction period, I accept that there is likely to be some disruption during this time. The Appellant has advised that there are no road closures planned for the B2000 and conditions can be applied to ensure that 29 CD2.1 https://www.gov.uk/planning-inspectorate 12

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 measures to control dust and noise and other emissions from the construction of the development are managed. 62. The appeal site is located predominantly within Flood Zone 1 with a small part located within Flood Zone 3. Flood Zone 1 is considered to be a low-risk area. The proposal has been accompanied by a Flood Risk Assessment and Drainage Assessment and the development will include the use of a Sustainable Urban Drainage System (SuDS). Furthermore, drainage conditions, as suggested by the Lead Local Flood Authority can be applied to ensure that the method of drainage from the appeal site will be suitable and effective. 63. The existing overhead cables over part of the appeal site would be removed and redirected underground in accordance with the necessary technical industry standards. 64. Whilst the development would increase the number of properties in Cliffe, I have little before me that would lead me to conclude that there would be a loss of village life or that the development would mean that ploughing matches could not be carried out elsewhere. Furthermore, the impact on house prices is not a material planning consideration. 65.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I have been provided with a number of other appeal decisions concerning a number of different sites and developments, however these were not specifically referred to during the Inquiry. I note that some of these concern different areas, policies and considerations. Therefore, I do not have sufficient information before me to conclude that these are wholly comparable to the scheme before me. Legal Agreement 66. A signed Section 106 Agreement30 has been provided which makes provision for financial contributions towards nursery, primary and secondary education, open space and outdoor sports, public realm, public rights of way, a SPA mitigation, community facilities, libraries, the NHS, youth services, the strategic transport networks, sustainable transport and waste. The agreement includes mechanisms and timings to secure the payments. 67. The legal agreement also secures the provision of affordable housing, the laying out of the playing pitches, the provision of a travel plan, the construction of the proposed community building and pavilion. Appended to the agreement is a copy of the Framework Travel Plan and a proposed Lease Agreement Heads of Terms for the pavilion and playing pitches. 68.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I have been provided with a CIL compliance statement which provides the justification for the measures contained within the Section 106 Agreement. I have considered these and find that the contributions included within the agreement meet the necessary tests. 69. I therefore find that the legal agreement is satisfactory, and it has been constructed in a legally sound in order to secure the contributions included within. 30 Dated 2 June 2023 between Medway Council and Trenport Investments Limited https://www.gov.uk/planning-inspectorate 13

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I have been provided with a CIL compliance statement which provides the justification for the measures contained within the Section 106 Agreement. I have considered these and find that the contributions included within the agreement meet the necessary tests. 69. I therefore find that the legal agreement is satisfactory, and it has been constructed in a legally sound in order to secure the contributions included within. 30 Dated 2 June 2023 between Medway Council and Trenport Investments Limited https://www.gov.uk/planning-inspectorate 13

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 Planning Balance 70. A number of benefits have been identified which comprise the provision of market and affordable housing, the provision of improved sports and community facilities and a substantial area of semi-natural open space, improvements to footways and cycleways, the provision of additional bus services and potential biodiversity net gain of over 20%. In addition, there would be economic benefits arising, in the short term from the construction period and in the longer term through additional expenditure in the local area. The proposal would also include a package of contributions within the legal agreement identified above. 71. I have found that, for the above reasons, the proposal would not give rise to harm in relation to the character and appearance of the area, the accessibility and connectivity to services and facilities, the living conditions of nearby residents, highway safety, ecology and biodiversity, loss of agricultural land, health impacts, the provision of community sports facilities and matters of flooding and drainage.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision I have found a breach of MLP Policy BNE25, however as concluded previously, this policy is out of date and carries very limited weight as a result of it being inconsistent with the Framework. 72. In conclusion, I find that the breach of Policy BNE25 would be significantly and demonstrably outweighed by the significant levels of benefits in this instance. I understand the level of disappointment that this outcome will be to the local residents who gave their time to put forward their objections to the scheme and detail their lived experience within the village, nevertheless I have been presented with little substantive evidence to conclude otherwise in relation to the proposed scheme. Conditions 73. In addition to the standard time limit conditions for outline permissions, I have imposed a condition listing the approved plans as this provides certainty. A list of suggested conditions was provided in the Statement of Common Ground31 which were discussed during the Inquiry, and I have considered these against the necessary tests. 74. Condition 5 is necessary to ensure that the development comes forward in a suitable and timely manner.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Conditions 6, 25, 30 and 31 are imposed in the interests of ensuring that the development is in keeping with the character and appearance of the surroundings. Conditions 7 and 8 are necessary in order to safeguard any archaeological remains that may be located within the appeal site. 75. Conditions 9, 26, 27, 28 and 29 are necessary to protect the living conditions of nearby residents. I have imposed conditions 10, 11, 12, 13, 14, 15 in the interests of highway safety. Conditions 16, 17, 18, 19, 32, 33, 48 are required to ensure the development is of a suitable standard for future occupiers. I have imposed conditions 20, 21, 22, 23 and 24 to ensure that the site is safe for its end use and to prevent contamination to the surrounding area. Condition 34 is necessary to ensure that flood risk is not exacerbated during the construction period. 31 Revised Version Signed and dated 26 May and 30 May 2023 https://www.gov.uk/planning-inspectorate 14

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — Appeal Decision Appeal Decision APP/A2280/W/22/3313673 76. Conditions 35, 36 and 37, 49 are imposed in the interests of protecting wildlife and their habitats. I have imposed conditions 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 51, 52, 53 to ensure that the development provides the proposed sports and recreation facilities for future and existing residents. Conditions 50 and 54 are imposed to ensure that the development addresses climate change, emissions and energy efficiency concerns. 77. I have amended the times specified for the use of the internal and external sports pitches as the originally suggested times were not reasonable. 78. Conditions 1, 7, 9, 10, 11, 12, 13, 14, 20, 21, 22, 23, 26, 32, 34 and 54 are required to be pre-commencement conditions as it is fundamental that these details are agreed prior to any works commencing on site. Conclusion 79. In conclusion, for the reasons given above, and having had regard to all matters raised, I conclude that the appeal should be allowed.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman INSPECTOR https://www.gov.uk/planning-inspectorate 15 Appeal Decision APP/A2280/W/22/3313673 Schedule of Conditions 1) Details of the appearance, landscaping, layout, and scale, for each phase or sub-phase of the site (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission. 3) The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 Schedule of Conditions 1) Details of the appearance, landscaping, layout, and scale, for each phase or sub-phase of the site (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission. 3) The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 4) The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing Numbers: 1911736 TOPO_2 Topographical Survey Plan 21122-0107-04 Ownership Boundaries 21122-0311-04 Parameter Plans – Land Use 21122-0312-06 Parameter Plans – Open Space 21122-0313-06 Parameter Plans – Movement 21122-0314-04 Parameter Plans – Density ITB11092-GA-016A – Proposed site access arrangement Cooling Road ITB11092-GA-017A – Proposed parking improvements Cooling Road ITB11092-GA-018A – Proposed improvement scheme on Station Road ITB11092-GA-021A – Proposed improvement scheme on Cooling Road ITB11092-GA-022 – Overview of improvement scheme on Cooling Road 21122-0315-05 Parameter Plans – Heights ITB11092-GA-010F – Proposed site access arrangement Church Street ITB11092-GA-011J – Proposed site access arrangement Church Street ITB11092-GA-012E – Proposed sports pitch access 5) Prior to the submission of the first application for reserved matters, a phasing plan for the development for the entire site shall be submitted to and approved in writing by the local planning authority.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman The phasing plan shall demonstrate how the development of the entire site can be brought forward to secure development in a timely manner in accordance with the following elements and quantums: • 250 units maximum; • Mixed use community hub; • Replacement sports pitch • A minimum of 1 Locally Equipped Area for Play (LEAP) and 2 Local Areas for Play (LAP); https://www.gov.uk/planning-inspectorate 16

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman The phasing plan shall demonstrate how the development of the entire site can be brought forward to secure development in a timely manner in accordance with the following elements and quantums: • 250 units maximum; • Mixed use community hub; • Replacement sports pitch • A minimum of 1 Locally Equipped Area for Play (LEAP) and 2 Local Areas for Play (LAP); https://www.gov.uk/planning-inspectorate 16

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 • A minimum of 1.49 hectares of on-site open space; • Drainage infrastructure; • Public Rights of Way improvements; • Road Layout, pedestrian and cycle networks and footpaths. The development shall be carried out in accordance with the approved phasing contained within the phasing plan, unless otherwise agreed in writing by the local planning authority. 6) Prior to the first reserved matters application being submitted, Design Codes applicable to the whole of the application site are to be submitted to and approved in writing by the local planning authority. The Design Codes shall include details of street widths, block heights and lengths, corners, ground floor frontages, surface treatments and parking arrangements. Each reserved matters application submitted in pursuance of this permission shall include statements of conformity with the relevant approved Design Code extant at the date of submission of the relevant reserved matters application. 7) No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of: i.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Archaeological field evaluation works in accordance with a specification and written timetable which has first been submitted to and approved in writing by the local planning authority. The archaeological field evaluation works shall include assessment and investigation of the site’s Palaeolithic potential. The field evaluation works shall be completed and agreed in writing by the local planning authority prior to any reserved matters submission; and ii. Following on from the evaluation, any safeguarding measures to ensure preservation in situ of important archaeological remains and/or further archaeological investigation and recording shall be undertaken in accordance with a specification and timetable which has first been submitted to and approved in writing by the local planning authority. 8) Within 6 months of the completion of on-site of the archaeological works referred to in condition 7 an archaeological Post-Excavation Assessment Report shall be submitted to and approved in writing by the local planning authority.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman The Post-Excavation Assessment Report shall include an Updated Project Design and accompanying timetable for any further analysis and publication of the findings of the archaeological investigations and for deposition of the resulting archaeological archive. The analysis, archaeological publication and the deposition of the archive shall be funded by the developer in accordance with the programme and timetable set out in the Updated Project Design. 9) No development shall take place (including site clearance or preparation) until the details of a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority (who shall consult with National Highways). Thereafter, the construction of the development shall proceed in strict accordance with the approve CEMP unless otherwise agreed in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 17

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 The CEMP shall include details (text, maps and drawings as appropriate) of the scale, timing and mitigation of all construction related aspects of the development. It will include but not be limited to: site hours of operation/construction working; numbers, frequency, routing and type of vehicles visiting the site (including measures to limit delivery journeys on the Strategic Road Network during highway peak hours, such as the use of vehicle booking systems); measures to ensure that HGV loads are adequately secured, travel plan and guided access/egress and parking arrangements for site workers, visitors and deliveries; measures to control noise affecting nearby residents; plus sheeting of loose loads and wheel washing and other facilities to prevent dust, dirt, detritus etc from entering the public highway, and means to remove if it occurs. 10) No development shall take place until the details of the following highway works have been submitted to and approved in writing by the local planning authority: • Cooling Road improvements as shown on Drawing Number ITB11092-GA-018 Rev A.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman The approved details shall thereafter be implemented in full prior to the commencement of any part of the development. 11) No development shall take place until the details of the following highway works have been submitted to and approved in writing by the local planning authority: • ITB11092-GA-012E – Proposed sports pitch access Buttway Lane; • ITB11092-GA-010F – Proposed site access arrangement Church Street; • ITB11092-GA-011J – Proposed site access arrangement Church Street; • ITB11092-GA-016A – Proposed site access arrangement Cooling Road The approved details shall thereafter be implemented in full prior to the first occupation of the development phase to which they relate. 12) No development shall take on the eastern parcel until the details of the following highway works have been submitted to and approved in writing by the local planning authority: • Cooling Road improvements as shown on drawing number ITB11092-GA-022 The approved details shall thereafter be implemented in full prior to first occupation of that part of the development.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 13) No development shall take place until the details of the following highway works have been submitted to and approved in writing by the local planning authority: • B2000 as shown on drawing numbers ITB11092-GA-023 and ITB11092-GA-024. The approved details shall thereafter be implemented in full prior to occupation of the 50th dwelling within the development. https://www.gov.uk/planning-inspectorate 18

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 13) No development shall take place until the details of the following highway works have been submitted to and approved in writing by the local planning authority: • B2000 as shown on drawing numbers ITB11092-GA-023 and ITB11092-GA-024. The approved details shall thereafter be implemented in full prior to occupation of the 50th dwelling within the development. https://www.gov.uk/planning-inspectorate 18

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 14) No development shall take place until the details of the following highway works have been submitted to and approved in writing by the local planning authority: • Off Slip A289/B2000 as shown on Drawing Number ITB11092-GA- 008. The approved details shall thereafter be implemented in full prior to occupation of the 75th dwelling within the development. 15) Prior to the first occupation of each phase or sub-phase, a Final Detailed Travel Plan encouraging sustainable forms of transport shall be submitted to and approved in writing by the Local Planning Authority. The measures set out in the approved travel plan shall be implemented thereafter. 16) Prior to the first occupation of each phase or sub phase, the areas shown on the submitted layout as vehicle parking space/garaging shall be provided, surfaced and drained.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Thereafter they shall be kept available for such use and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order) shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space/garaging. 17) No development above ground floor slab level within each phase or sub phase shall commence until details for the provision of the following mitigation measures for that phase or sub phase have been submitted to and approved in writing by the local planning authority: • 1 Electric Vehicle charge point per residential unit; The mitigation measures set out in the approved details shall be implemented prior to the first occupation of that phase and thereafter be retained. 18) The residential units approved on any phase or sub phase shall not be occupied until details of cycle storage facilities for that phase or sub phase have been submitted to and approved in writing by the local planning authority.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman The cycle storage facilities shall be provided in accordance with the approved details prior to the occupation of the relevant dwelling and hereafter no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any order amending, revoking and re-enacting that Order) shall be carried out on the land so shown for cycle storage facilities. 19) Prior to the first occupation of any dwelling within a phase or sub-phase details of the refuse storage arrangements for the dwellings, including provision for the storage of recyclable materials, shall be submitted to and approved in writing by the local planning authority. No dwelling shall be occupied until the approved refuse storage arrangements for that dwelling are in place and all approved storage arrangements shall thereafter be retained. 20) No development shall commence (other than that required to be carried out as part of an approved scheme of remediation) unless otherwise agreed by the local planning authority until conditions 20 to 22 have been complied with. If unexpected contamination is found after development https://www.gov.uk/planning-inspectorate 19

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified in writing by the local planning authority until condition 23 has been complied with in relation to that contamination. 21) No development shall take place until a scheme for an intrusive site investigation, (in addition to any assessment provided with the planning application) is submitted to and approved in writing by the local planning authority. This scheme must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, including risks to groundwater, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report shall be submitted to and approved by the local planning authority prior to the commencement of the development. The report of the findings must include: i. A survey of the extent, scale and nature of contamination; ii.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman An assessment of the potential risks to: • Human health, • Property (existing or proposed) including buildings, crops, livestock, pets, and woodland, • Service lines and pipes • Adjoining land • Groundwaters and surface waters, • Ecological systems, archaeological sites and ancient monuments iii. An appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Land Contamination Risk Management document (LCRM)’. 22) No development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment is prepared and submitted to and approved in writing by the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 23) No development shall take place until the approved remediation scheme is carried out in accordance with its terms (other than development required to enable the remediation process to be implemented) unless otherwise agreed in writing by the local planning authority. The local planning authority must be given not less than two weeks written notification prior to the commencement of the remediation scheme works. https://www.gov.uk/planning-inspectorate 20

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 23) No development shall take place until the approved remediation scheme is carried out in accordance with its terms (other than development required to enable the remediation process to be implemented) unless otherwise agreed in writing by the local planning authority. The local planning authority must be given not less than two weeks written notification prior to the commencement of the remediation scheme works. https://www.gov.uk/planning-inspectorate 20

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 Following completion of the measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and submitted to and approved in writing by the local planning authority prior to the bringing into use of the development. 24) In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 20, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 21, which is subject to the approval in writing of the local planning authority.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Following completion of the measures identified in the approved remediation scheme, a verification report providing details of the data that will be collected in order to demonstrate that the works set out in condition 21 are complete and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action must be prepared, which is subject to the approval in writing of the local planning authority in accordance with condition 22. 25) No development above slab level shall take place on any phase or sub phase until details of all materials to be used externally have been submitted to and approved in writing by the local planning authority. The development of that phase or sub phase shall be implemented in accordance with the approved details. 26) No development shall take place until an acoustic assessment has been undertaken in accordance with BS8233:2014: Guidance on Sound Insulation and Noise Reduction for Buildings to determine the impact of noise from transport related sources. The results of the assessment and details of a scheme of acoustic protection shall be submitted to and approved in writing by the local planning authority.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman The scheme shall include details of acoustic protection sufficient to ensure internal noise levels (LAeq,T) no greater than 30dB in bedrooms and 35dB in living rooms with windows closed and a maximum noise level (LAmax) of no more than 45dB(A) with windows closed. Where the internal noise levels will be exceeded with windows open, the scheme shall incorporate appropriate acoustically screened mechanical ventilation. The scheme shall include details of acoustic protection sufficient to ensure amenity/garden noise levels of note more than 55dB (LAeq,T) All work which form part of the approved scheme shall be completed before any part of the development is occupied and shall thereafter be maintained in accordance with the approved details. 27) No development of the Community Hub shall take place until a scheme to minimise the transmission of noise from the use of the premises, is submitted to and approved in writing by the local planning authority. Noise from the premises should be controlled, such that the noise rating level (Lar,Tr) emitted from the development shall be at least 10dB below the background noise level (LA90,T) at the nearest residential façade.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman All measurements shall be defined and derived in accordance with BS4142:2014. All works which form part of the approved scheme shall be https://www.gov.uk/planning-inspectorate 21

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman All measurements shall be defined and derived in accordance with BS4142:2014. All works which form part of the approved scheme shall be https://www.gov.uk/planning-inspectorate 21

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 completed before any part of the development is occupied and shall thereafter be maintained in accordance with the approved details. 28) No development of the Community Hub shall take place until a scheme for the extraction and treatment of cooking fumes, including details for the control of noise and vibration from the system, is submitted to and approved in writing by the Local Planning Authority. Noise from the extraction system (LAeq, T) shall be at least 10dB(a) below the background noise level (LA90, T) at the nearest residential façade, when assessed in accordance with BS4142:2014. The approved scheme shall be implemented before the development is brought into use and thereafter be maintained in accordance with the approved details. 29) No commercial goods shall be loaded, unloaded, stored or otherwise handled and no vehicles shall arrive or depart in relation to the community hub use/building outside the hours 07:00 to 19:00 Monday to Friday, 08:00 to 18:00 Saturday or at any time on Sunday or Bank and Public Holidays.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 30) No dwelling shall be occupied within a phase or sub-phase until a plan indicating the positions, design, materials and type of boundary treatment to be erected has been submitted to and approved in writing by the local planning authority. The approved boundary treatment for each dwelling shall be completed in accordance with the approved details before that dwelling is occupied and shall thereafter be retained. 31) Applications for the approval of reserved matters in relation to landscaping for a phase or sub-phase shall include full details of both hard and soft landscape works, any artefacts to be located within the public space of that phase or sub-phase and a time for implementation. These details shall include existing and proposed finished ground levels; means of enclosure; car parking layouts, other vehicle and pedestrian access and circulation areas; all paving and external hard surfacing; decking; minor artefacts and structures.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Soft landscape works shall include details of planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate. The development shall be implemented in accordance with the approved details and any trees or plants which within 5 years of planting are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species. 32) No development within any phase or sub-phase shall take place until a scheme showing details of the disposal of surface water for that phase or sub-phase, based on sustainable drainage principles, including details of the design, implementation, maintenance and management of the surface water drainage scheme has been submitted to and approved in writing by the local planning authority, in consultation with the lead local flood authority. i. Details of the design of the scheme (in conjunction with the landscaping plan where applicable); ii.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman A timetable for its implementation (including phased implementation); https://www.gov.uk/planning-inspectorate 22

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman A timetable for its implementation (including phased implementation); https://www.gov.uk/planning-inspectorate 22 Appeal Decision APP/A2280/W/22/3313673 iii. Operational maintenance and management plan including access requirements for each sustainable drainage component; iv. The details shall also include proposed arrangements for future adoption by any public body, statutory undertaker or management company. The development shall be undertaken in accordance with the agreed details. 33) Prior to the first occupation of any phase or sub-phase (or within an agreed implementation schedule), a signed verification report for that phase or sub-phase carried out by a qualified drainage engineer (or equivalent) must be submitted to and approved by the local planning authority to confirm that the agreed surface water system has been constructed as per the agreed scheme and plans. The report shall include details and locations of critical drainage infrastructure (such as inlets, outlets and control structures) including as built drawings, and an operation and maintenance manual for the unadopted parts of the scheme as constructed.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 34) No development shall commence until details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the local planning authority in consultation with the Lead Local Flood Authority. The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP shall include method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include: i. Temporary drainage systems; ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses; iii. Measures for managing any on or offsite flood risk. 35) Following the commencement of works (including site clearance), all mitigation measures for breeding birds will be carried out in accordance with the details in section 9.79 of the Environmental Statement: Volume 1 (Trenport 2022).

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 36) Prior to the installation of any external lighting within a phase or sub- phase details of such lighting shall be submitted to and approved in writing by the local planning authority. Details shall include height, position, external appearance, any shielding, light intensity, colour, spillage (such as light contour or lux level plans showing the existing and proposed levels) and hours of use, together with a report to demonstrate its effect on biodiversity, the landscaping of the site including an overlay of the proposed lighting onto the site landscaping plans, the rural landscape and nearby residential properties, and of how this effect has been minimised. Any external lighting shall be implemented in accordance with the approved details. https://www.gov.uk/planning-inspectorate 23

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 37) As part of the reserved matters application, a Landscape and Ecological Management Plan (LEMP) will be submitted to and approved in writing by the local planning authority. The content of the LEMP will be based on the ‘Appendix 9.3 – Biodiversity Net Gain Strategy’ (Bioscan March 2022) and include the following: i. Description and evaluation of the habitat features to be created and managed; ii. Aims and objectives of habitat creation; iii. appropriate management prescriptions for achieving the objectives; iv. constraints that might influence management; v. preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period); vi. Details of the body or organisation responsible for implementation of the plan; vii. Ongoing monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan will be updated as necessary with each subsequent detailed application and implemented in accordance with the approved details.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 38) No development affecting the existing playing pitches and tennis courts shall be commenced before replacement pitches and courts with ancillary change/toilet facilities have first been completed and made available for use on the site shown on drawing number SK01 Sketch Illustrative Masterplan. 39) The replacement playing pitches, tennis courts and pavilion facilities hereby permitted shall not be constructed other than substantially in accordance with Sport England and FA, ECB and LTA Technical Design Guidance Notes. (This guidance includes Sport England’s Natural Turf for Sport, the FA Guide to Pitch and Goalpost Dimensions (Metric), Football Foundation guidance for Natural Grass Pitches and Changing Accommodation, ECB Technical Guidance for Pavilions and Clubhouses and Recommended Guidelines for Construction and Maintenance of Pitches and Outfields and LTA Court Dimensions Guidance). 40) No development of the replacement playing pitches shall commence until the following documents have been submitted to and approved in writing by the local planning authority after consultation with Sport England: i.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman A detailed assessment of ground conditions (including drainage and topography) of the land proposed for the playing field which identifies constraints which could adversely affect playing field quality; and ii. Where the results of the assessment to be carried out pursuant to i above identify constraints which could adversely affect playing field quality, a detailed scheme to address any such constraints. The scheme shall include a written specification of the proposed soil’s https://www.gov.uk/planning-inspectorate 24

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman A detailed assessment of ground conditions (including drainage and topography) of the land proposed for the playing field which identifies constraints which could adversely affect playing field quality; and ii. Where the results of the assessment to be carried out pursuant to i above identify constraints which could adversely affect playing field quality, a detailed scheme to address any such constraints. The scheme shall include a written specification of the proposed soil’s https://www.gov.uk/planning-inspectorate 24

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 structure, proposed drainage, cultivation and other operations associated with grass and sports turf establishment and a programme of implementation. The approved scheme shall be carried out in full and in accordance with the approved programme of implementation. The land shall thereafter be maintained and made available for playing field use in accordance with the approved scheme. 41) No development on the replacement playing field shall commence until details of the design and layout of pitches, courts, pavilion and all other facilities where further approval of detail is needed, have been submitted to and approved in writing by the local planning authority after consultation with Sport England. The Sports Hub shall not be constructed other than in accordance with the approved details. 42) Before the replacement playing field is brought into use, a Management and Maintenance Scheme for the pitches, courts and the pavilion including management responsibilities, a maintenance schedule and a mechanism for review shall be submitted to and approved in writing by the local planning authority after consultation with Sport England.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman The measures set out in the approved scheme shall be complied with in full, with effect from commencement of use of the pitches. 43) Use of the replacement playing field shall not commence until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the local planning authority, and a copy of the completed approved agreement has been provided to the local planning authority. The agreement shall apply to playing pitches, tennis courts, pavilion and other ancillary facilities including car parking and include details of pricing policy, hours of use, access by the community and grassroots clubs, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement. 44) There shall be no external floodlighting to any sports facility. 45) The facilities to be used for sport purposes shall not be used outside of the following hours: For internal spaces: • 08:00 to 22:00 Monday to Friday • 08:00 to 22:00 on Saturday, Sunday and Public Holidays For External Spaces: • 09:00 to 20:00 on Monday to Friday • 09:00 to 20:00 on Saturday • 09:00 to 18:00 on Sunday and Public Holidays.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 46) Prior to the first occupation of any dwelling within any phase or sub- phase, details of the areas for equipped play facilities together with the play equipment and safe surfacing to be provided for that phase or sub- phase shall be submitted to and approved in writing by the local planning authority. The play areas shall be provided in accordance with the https://www.gov.uk/planning-inspectorate 25

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 46) Prior to the first occupation of any dwelling within any phase or sub- phase, details of the areas for equipped play facilities together with the play equipment and safe surfacing to be provided for that phase or sub- phase shall be submitted to and approved in writing by the local planning authority. The play areas shall be provided in accordance with the https://www.gov.uk/planning-inspectorate 25

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 approved details prior to the first occupation of any dwelling herein approved within that phase or sub-phase and shall thereafter be retained. 47) An application for the approval of reserved matters in relation to the landscaping and details for the Semi Natural Open Space on the west side of the site (land abutting West Street) shall include full details of all soft landscape works, any artefacts to be located within the public space of that open space and a timetable for implementation. These details shall include existing and proposed finished ground levels, means of enclosure, pedestrian access and circulation areas and minor artefacts. The works shall also include details of planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman The development shall be implemented in accordance with the approved details and any trees or plants which within 5 years of planting are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species. 48) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking and re-enacting that Order with or without modification) all dwellinghouses herein approved shall remain in use as a dwellinghouse falling within Class C3 only of the Town and Country Planning (Use Classes) Order 1987 (as amended) (or any order amending, revoking and re-enacting that Order with or without modification) and no change of use shall be carried out unless planning permission has been granted on an application relating thereto. 49) Applications for the approval of reserved matters in relation to a phase or sub-phase shall include a statement demonstrating how the proposal will maximise biodiversity net gain on site and seek to achieve a minimum of 10% biodiversity net gain. The development shall be implemented in accordance with the approved details.

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman 50) Applications for the approval of reserved matters in relation to a phase or sub-phase shall be accompanied by a Climate Change and Energy Efficiency Statement. These details shall outline the measures the development would incorporate to address climate change. The development herein approved shall incorporate the measures to address energy efficiency and climate change as set out within the approved statement. The development shall not be occupied within a phase or sub- phase until a verification report prepared by a suitably qualified professional has been carried out to demonstrate compliance. This shall then be submitted to and approved in writing by the local planning authority after the construction of every 50 housing units confirming that all of the approved measures have been implemented within the phase or sub-phase to which it relates. 51) Within the reserved matters application, it will be necessary to demonstrate the provision of a minimum of 1 Locally Equipped Area for Play (LEAP) and 2 Local Areas for Play to Fields in Trust standard, taking into account the relevant buffers required to adjacent residential properties. https://www.gov.uk/planning-inspectorate 26

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 52) A minimum of 1.49 hectares of on-site open space must be provided across the overall site. This must exclude any SUDS and ponds. 53) The reserved matters on the east parcel shall include details of the additional car parking to serve the Bowls Club, which should also include details of the timescales for delivery of that car park. Development shall then be carried out in accordance with the approved details and maintained thereafter. 54) No development shall take place until an Air Quality Emissions Mitigation Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall be prepared in accordance with the Medway Air Quality Planning Guidance and shall provide full details of the measures that will be implemented as part of the development to mitigate the development related road transport emissions. The development shall be implemented, and thereafter maintained, entirely in accordance with the measures set out in the approved Mitigation Statement. https://www.gov.uk/planning-inspectorate 27

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 APPEARANCES FOR THE APPELLANT: James Strachan KC, 39 Essex Chambers He Called: Mr Hamshaw Mr Richard Grady Founder and Director of Consult QRD Ltd Mr Jonathan Tarbatt BA BSc BArch MRUP MA (Urb Des) RTPI RIBA Director of Urban Design, Corstorphine & Wright Architects Mr Huw Edwards MSc, MRTPI, Director at Barton Willmore now Stantec FOR THE LOCAL PLANNING AUTHORITY: Ben Du Fer, Cornerstone Barristers He Called: Mr David Churchill BA(Hons) DIPTP MRTPI, Partner at Carter Jonas LLP FOR THE CLIFFE AND CLIFFE WOODS PARISH COUNCIL Councillor Fribbins FOR THE CLIFFE AND CLIFFE WOODS RESIDENTS DEVELOPMENT GROUP Dr J Brunskill Mr Smith Mrs Smith Ms J Shorter Kelly Tolhurst MP for Rochester and Strood INTERESTED PARTIES: Mr Elliot Local Resident Heather Wright Local Resident Gill Wright Local Resident Robin Theobald Chair of Dickens Country Protection Society Sheila Evans Local Resident Yasmin Elliot Local Resident Mark Stratford Local Resident Natasha Wade Local Resident Christine Murrell Local Resident Robert Wyatt Local Resident Ms Keates Local Resident Mr Holland Local Resident Mr Hyde Local Resident Corrine Stevens Local Resident https://www.gov.uk/planning-inspectorate 28

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 DOCUMENTS SUBMITTED DURING THE INQUIRY

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 DOCUMENTS SUBMITTED DURING THE INQUIRY

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman | | Document | Date Submitted | | --- | --- | --- | | ID1 | Appellant’s Opening Statement | 16 May 2023 | | ID2 | Council’s Opening Statement | 16 May 2023 | | ID3 | Signed Statement of Common Ground | 16 May 2023 | | ID4 | Decision Notice and Statement of Reasons S62A/2023/0015 (Council) | 16 May 2023 | | ID5 | Appeal Decision 3309622 (R6 CCWRDG) | 17 May 2023 | | ID6 | Copy of Statement from Mr Wyatt | 16 May 2023 | | ID7 | Copy of Statement from Robin Theobald, Dickens’ Country Protection Society | 16 May 2023 | | ID8 | R6 CCWRDG Opening Statement | 17 May 2023 | | ID9 | R6 CCWPC Opening Statement | 17 May 2023 | | ID10 | Statement of Andy Martin (read out 16 May) | 17 May 2023 | | ID11 | Statement of Christine Murrell (read out 16 May) | 17 May 2023 | | ID12 | Statement of Colin Elliott (read out 16 May) | 17 May 2023 | | ID13 | Statement of Heather Wright (read out 16 May) | 17 May 2023 | | ID14 | Statement of Katie Bird (read out 16 May) | 17 May 2023 | | ID15 | Statement of Mark Caller (read out 16 May) | 17 May 2023 | | ID16 | Statement of Mark Stratford (read out 16 May) | 17 May 2023 | | ID17 | Statement of Ben Morling (read out 16 May) | 17 May 2023 |

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman | | Document | Date Submitted | | --- | --- | --- | | ID18 | Statement of Mr Christopher Howarth (read out 16 May) | 17 May 2023 | | ID19 | Statement of Mrs Jill Wright (read out 16 May) | 17 May 2023 | | ID20 | Statement of Mrs Larissa Howarth (read out 16 May) | 17 May 2023 | | ID21 | Statement of Natasha Wade (read out 16 May) | 17 May 2023 | | ID22 | Statement of Nicola Roper (read out 16 May) | 17 May 2023 | | ID23 | Statement of Sheila Evans (read out 16 May) | 17 May 2023 | | ID24 | Statement of Anthony Holland (read out 17 May) | 17 May 2023 | | ID25 | Statement of Janet Keates (read out 17 May) | 17 May 2023 | | ID26 | Summary of Statement given re: Traffic Assessment (R6 CCWRDG) | 18 May 2023 | | ID27 | Summary of Statement given re: Agricultural Land Assessment (R6 CCWRDG) | 18 May 2023 | | ID28 | Amended Statement of Case Medway Council | 22 May 2023 | | ID29 | Letter (email) from Mr P Keable (local resident) | 22 May 2023 | | ID30 | Amended Statement of Case – Cliffe and Cliffe Woods Parish Council | 22 May 2023 | | ID31 | Statement of Mr Bernard Hyde (read out 23 May 2023) | 23 May 2023 | | ID32 | Appellant Response to R6 CCWRDG EIC Statements | 23 May 2023 |

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman | | Document | Date Submitted | | --- | --- | --- | | ID33 | Email from Council clarifying S106 queries | 23 May 2023 | | ID34 | Email from RDG to Sport England | 23 May 2023 | | ID35 | Statement of Corrine Stephens (read out 23 May) | 23 May 2023 | | ID36 | Statement of Jan Wilkinshaw (read out 23 May) | 23 May 2023 | | ID37 | Further letter (email) from P Keable | 23 May 2023 | | ID38 | Further letter (email) from P Keable | 24 May 2023 | | ID39 | Closing Submissions from R6 Parish Council | 24 May 2023 | | ID40 | Closing Submissions from R6 CCW RDG | 24 May 2023 | https://www.gov.uk/planning-inspectorate 29 Appeal Decision APP/A2280/W/22/3313673

Land to the East and West of Church Street, Cliffe, Rochester, Kent, ME3 7QP — Medway Council — R Norman Appeal Decision APP/A2280/W/22/3313673 | ID41 | Closing Submissions from Appellant | 24 May 2023 | | --- | --- | --- | | ID42 | Statement from MP Kelly Tolhouse (read out 24 May) | 24 May 2023 | | ID43 | Petition from Local Residents | 24 May 2023 | DOCUMENTS SUBMITTED POST-INQUIRY | 1 | Neighbourhood Plan Adoption Confirmation Email | 26 May 2023 | | --- | --- | --- | | 2 | Signed Revised Statement of Common Ground | 1 June 2023 | | 3 | Signed Section 106 Agreement | 2 June 2023 | https://www.gov.uk/planning-inspectorate 30