Emergency access timing at Land On The West Side Of Tothill Street, Ramsgate

What was proposed

The application sought to delay delivery of the emergency access until occupation of the 50th dwelling.

“The application is for a variation of condition 30 of planning permission OL/TH/18/1488 for the erection of up to 214no. dwellings, to allow for changes to the trigger for the delivery of the emergency vehicular and pedestrian access onto Greenhill Gardens. The current condition requires that the emergency access be completed and made operational prior to the first occupation of the development.”

Officer report

The site and surroundings

The site was open countryside beside Tothill Street, adjoining residential areas, agricultural land, the cemetery and a bridleway.

“The application site lies adjacent to Tothill Street, and adjoins properties in Fairfield Road, Greenhill Gardens, and Prospect Road/Gardens. These residential areas lie adjacent to the southern and eastern boundaries of the site. To the west of the site is agricultural land. The north of the site borders Minster Cemetery, beyond which is the Holiday Inn; and agricultural land, beyond which is the A299.”

“The site consists of open countryside, with hedge planting along a number of the boundaries. Adjoining the western boundary of the site is Bridleway TE29, which connects the A299 to the north with Prospect Road to the south, and provides an off-road link to an existing cycle route adjacent to Canterbury Road West.”

Officer report

Earlier permissions

The outline permission and later reserved-matters and housing applications had been granted between 2021 and 2024.

“R/TH/23/1474 - Application for the reserved matters of outline permission OL/TH/18/1488 "Outline application for the erection of up to 214no. dwellings, cemetery expansion, and associated access, with all other matters reserved" for the approval of appearance, landscaping, layout and scale of development within phase 2 (81No dwellings). Granted - 23/04/24”

“R/TH/22/1393 - Application for the reserved matters of outline permission OL/TH/18/1488 "Outline application for the erection of up to 214no. dwellings, cemetery expansion, and associated access, with all other matters reserved" for the approval of appearance, landscaping, layout and scale of development within phase 1 (133no. dwellings) Granted - 19/06/2023”

Officer report

Why officers supported it

Officers considered the change acceptable because highway officers raised no objection, the proposal complied with relevant guidance, and no highway-safety harm was identified.

“This is considered to be acceptable to KCC subject to a temporary Vehicle Crossing application being submitted to KCC Highways Vehicle Crossing Team.”

“Whilst Minster Parish Councils frustration to this application, which seeks to amend previously agreed terms, is appreciated, in order to refuse this application and the request to amend the trigger, planning harm to this amendment needs to be identified. There would need to be a clear harm to highway safety as a result of the proposed amendment, but as confirmed by KCC, the proposal as amended complies with the Kent Design Guide and the existing planning conditions attached to the outline consent.”

Officer report

Residents’ concerns

Thirteen objection letters raised concerns about safety, traffic, the pavement, pedestrian access, enforcement and the precedent of delaying the emergency access.

“Neighbouring occupiers have been notified and a site notice posted. Thirteen letters of objections have been received raising the following concerns:”

“Impact on safety of residents from only having one access serving the site, • Developer should be complying with their conditions, • Current pavement is unsafe, increased traffic will result in accidents, • Risk to occupants from not having the emergency access available, • Pedestrian safety is important, and was a consideration of the Foxborough appeal, • Seta a dangerous precedent, • New residents should be able to access village facilities.”

Officer report

Who spoke

The applicant’s representative spoke in favour, a parish councillor spoke for the parish council, and Councillor Smith spoke under council procedure rules.

The decision

The application was approved subject to the specified conditions, with highway safety given as the ground.

“GROUND: In the interests of highway safety.”

Minutes