100 homes and sports facilities at Land Off Old Ashford Road, Lenham, Maidstone

The site and its surroundings

The site lies east of Lenham near Old Ashford Road and the A20, beside business parks, cottages and farmland, with public footpaths crossing it.

“The site is located to the east of Lenham, close to the junction of Old Ashford Road with the A20. It lies 45m south of the Kent Downs National Landscape (KDNL) at its closest and is therefore well within its setting.”

“To the immediate north are a series of commercial and industrial sites in the Northdown and Ashmills Business Parks. The western boundary abuts a group of small cottages, beyond which, on the northern side of Old Ashford Road, lies a site which is currently under construction for residential development. To the east and south is open farmland with some farm buildings and farmhouses.”

Officer report

Earlier applications and delay

The application was submitted in 2019 and had been resolved for approval in 2020 before nutrient-neutrality advice led to a lengthy delay.

“This application was originally submitted in 2019 and it was resolved to be approved under delegated powers in July 2020. This resolution was made under the Maidstone Local Plan 2017 and the then draft Lenham Neighbourhood Plan (LNP). It was to be subject to a s106 legal agreement.”

“Therefore, the planning application has been held in abeyance with the applicant seeking the endorsement of NE to its strategy to achieve nutrient neutrality, which is discussed in detail in the assessment below. In summary, there has been an almost sole focus on the issue of nutrient neutrality over the last 5 years.”

Officer report

Why officers recommended approval

Officers considered the housing, sports facilities and wetland acceptable because of site allocations, housing need, community benefits and proposed landscape and other safeguards.

“These are considered to be material considerations as to why this development, which is not in accordance with the LNP policy (in terms of housing numbers), is acceptable. It is also considered this conflict with policy does not demonstrably outweigh the benefits of providing up to 100 houses in the context of the Council not being able to demonstrate a 5 year housing land supply.”

“Whilst the LPR takes precedence due to it being the more recent Plan, the LNP allocation for sports pitches is a strong material consideration which is considered sufficient to outweigh the conflict with the LPR, and subject to landscaping on the outside boundaries of this area, the impact is considered to be acceptable. These facilities would provide clear community benefits on an allocated site.”

Officer report

What consultees said

Natural England, highways, ecology, flood, education and other consultees raised no objections subject to mitigation, conditions or financial contributions.

“Natural England: Latest position – No objections subject to mitigation being secured.”

“KCC Education: No objection subject to financial contributions towards Education, Community Learning, Integrated Children’s Services, Library, Registrations and Archives, Adult Social Care, and Waste recycling centres.”

Officer report

Who addressed the committee

The Head of Planning and Economic Development advised members about the urgent update and education funding representations from KCC.

What members considered

Members were advised that education funding could be addressed through CIL and that the absence of an education contribution in the legal agreement was not grounds for refusal.

“The Head of Planning and Economic Development advised the Committee that the urgent update was an officer response to representations from Kent County Council (KCC) and applied to all applications for the Committee to consider.”

“Members were also advised that the lack of a s106 contribution for education was not considered contrary to policy, nor grounds to refuse an application.”

Minutes

What was decided

Permission was granted subject to the report’s conditions, prior completion of a legal agreement and delegated authority to settle or amend conditions and informatives.

“That permission be granted subject to the conditions and the prior completion of a legal agreement to secure the heads of terms set out in the report.”

“That the Head of Planning and Economic Development be given delegated powers to be able to settle or amend any necessary planning conditions and/or informatives in line with the matters set out in the recommendation and as resolved by the Planning Committee.”

Minutes