CS12 - Changes to Policies Position Statement · Welcome reference to historic environment. Noted Why changes are needed: Support. Rep SS/091.03 RESPONDENT: English Heritage Changes

Tonbridge and Malling Borough Council

LOCAL DEVELOPMENT FRAMEWORK CORE STRATEGY

POSITION STATEMENT No CS12

Changes to the Vision, Aims, Strategy and Policies

McCarthy & Stone Ltd 2.04 Highways Agency 69.01/2/3/5/6/7/8/9/57 Croudace Homes Limited 72.01/2 Hallam Land Management Limited 79.29/30/31 English Heritage 91.03/5/7/11/12 English Heritage 091.05/07/11/12 Mrs M Regan 131.01 South East England Regional Assembly 158.04/06/09/11/12 Harvester Trust 169.01/02/03/07 Croudace Strategic Ltd 171.01/02/04/05/08/10 CPRE, 173.02 Kent County Council Strategy Division 175.05/06/08/17/20/21 GLN (Wrotham) Ltd 181.17 Ramac Holdings Ltd 182.02 Kent Police 223.01/02 Invicta Gospel Hall Trust 292.01 Barton Willmore 293.06 Beaucette Property Portfolio 301.03/04/05/06/07/08 The London Green Belt Council 302.03 Tunbridge Wells Gospel Hall Trust 303.01 Broadlands 310.01

Supporters

Theatres Trust 4.01/03 Plaxtol Parish Council 16.01/02 Hildenborough Village Preservation Association 52.01 Natural England 64.01/03/05/06/07/09 Southern Water 65.01/02/05/06 Highways Agency 69.24/25 Kent Downs AONB Unit 74.02 English Heritage 91.02/04/06/08/10 Harvester Trust 169.06 Gallagher Properties Ltd 227.01 Insite Development Ltd 239.01/02 Barton Willmore 293.01

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Tonbridge and Malling Local Development Framework

Position Statement No CS12

Changes to the Vision, Aims, Strategy and Policies

1 Introduction 1.1 This Position Statement addresses representations relating to the detailed wording of

the Vision, Aims, Strategy and Policies not covered by other Position Statements 1.2 Detailed changes to the general text of the Core Strategy (not dealt with in other

Position Statements) are covered by Position Statement CS13. 2 The Council’s Position 2.1 The Borough Council’s response to each of the representations is set out in the

schedule attached at Annex A. 3 Proposed Changes 3.1 Where in Annex A it is indicated that the Council believes a change to the Core

Strategy would be appropriate, the proposed changes are set out under Annex B. In the Council’s view these changes add clarity to the text and polices but do not substantially change their meaning. As such, the changes do not so significantly affect the content or soundness of the Core Strategy that it would need to be subject to further consultation.

3.2 The Council will be preparing for the Inspector’s benefit a consolidated list of

recommended changes taken from all of the Position Statements. BRG - 05/03/2007 08:48

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Issue: CS12- CHANGES TO THE VISION, AIMS, THE STRATEGY AND POLICIES

Policy- 3 THE VISION Rep SS/091.02 RESPONDENT: English Heritage Changes necessary: Council's Response: Welcome reference to historic environment. Noted

Why changes are needed: Support.

Rep SS/091.03 RESPONDENT: English Heritage Changes necessary: Council's Response: Housing falls within economic and social needs and does not require separate treatment. There Whilst strictly speaking housing could be considered as a social need. Meeting housing needs to be reconciliation with economic and social issues as well as environmental ones. needs is a priority. It is the economic and social consequences of meeting these needs that are being referred to. The Council is not aware of any particular conflicts between economic and social issues in the Borough. Why changes are needed: Not specified.

Rep SS/173.02 RESPONDENT: CPRE, Tonbridge & Malling District Committee Changes necessary: Council's Response: Paragraph 3.1.1 - Need to give clarification to the statements "sustainable" and "properly served." This is a high level statement that is amplified and applied throughout the rest of the document. Sustainability is defined in Section 6.1. Properly served refers to the provision of adequate services and infrastructure to meet the needs of the area.

Why changes are needed: Not specified.

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Policy- 4 AIMS AND OBJECTIVES Rep SS/064.01 RESPONDENT: Natural England Changes necessary: Council's Response: Support Para 4.1.1 Aims 1(e), 3(d) and 3(h) Noted


Rep SS/069.01 RESPONDENT: Highways Agency Changes necessary: Council's Response: Aim 2 - development should not take place at a faster rate than the provision of any related What is important is that development and provision of infrastructure is properly co- infrastructure requirements as this could lead to impacts on the trunk road network. Place an ordinated. This should meet the Highways Agency's concerns. emphasis on the controlled release of development so that an imbalance does not occur.


Rep SS/069.02 RESPONDENT: Highways Agency Changes necessary: Council's Response: Aim 2 - development should not take place at a faster rate than the provision of any related What is important is that development and provision of infrastructure is properly co- infrastructure requirements as this could lead to impacts on the trunk road network. Place an ordinated. This should meet the Highways Agency's concerns. emphasis on the controlled release of development so that an imbalance does not occur.


Rep SS/091.04 RESPONDENT: English Heritage Changes necessary: Council's Response: Aim 1(e) is welcomed. Noted


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Rep SS/091.05 RESPONDENT: English Heritage Changes necessary: Council's Response: Aim 2(c) conflicts with national guidance. It should refer to the "adverse effects" of development Agree - change to refer to the "adverse effects of development" because development within conservation areas or associated with Listed Buidings may not be incompatible and may bring positive benefits.

Why changes are needed: To comply with national guidance.

Rep SS/175.05 RESPONDENT: Kent County Council Strategy Division Changes necessary: Council's Response: Paragraph 4.1.1 Aim 2(d) reword to:- The words "integral parts of" do not necessarily mean "on-site". It would perhaps be "Ensuring infrastructure and services are co-ordinated to meet the needs of existing and any new clearer if it said "wherever required in association with new development" communities, wherever required as an integral part of the new development or off site if required."

Why changes are needed: The Library and Adult Education service provision is based upon a district wide basis and the proposed changes would ensure that these situations are accounted for.

Rep SS/182.02 RESPONDENT: Ramac Holdings Ltd Changes necessary: Council's Response: Paragraph 4.1.1 Aim 1 (d) delete "all" and replace with "a choice of" as not every development can Agree provide the opportunity for trips to be made by all modes of transport.

Why changes are needed: Text will better align with paragraph 6.1.6.

Rep SS/301.05 RESPONDENT: Beaucette Property Portfolio Changes necessary: Council's Response: Paragraph 4.1.1 Aim 2(d) should contain a footnote to confirm that infrastructure and service It is not necessary to repeat national guidance in the LDF. requirements will be determined in accordance with Circular 05/2005: Planning Obligations.

Why changes are needed: To be consistent with government policy.

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Policy- 5 THE STRATEGY Rep SS/069.03 RESPONDENT: Highways Agency Changes necessary: Council's Response: Para 5.1.4 - adopt a mixed use development approach to ensure that development in rural Para 5.1.2 refers to a "sustainable pattern of development". It is not always practicable settlements are as sustainable as possible. Also take full consideration of opportunities to reduce to ensure a mixed use development since this depends upon the size and location of the need to travel and reliance on the private car, reduce the distance travelled through encouraging site. Policy CP1.5 indicates that "mixed -use developments will be promoted where travel by sustainable modes. appropriate". The Strategy is considered to be sound without making any change in this respect. Why changes are needed: Not specified.

Rep SS/181.17 RESPONDENT: GLN (Wrotham) Ltd Changes necessary: Council's Response: Paragraph 5.1.4 - delete 2nd sentence as it could be interpreted as stating that no development will Delete the words "unless there are special circumstances". The circumstances of be permitted in any other settlement unless there are 'special circumstances.' This is unnecessarily developing outside the urban areas is adequately addressed by the final two sentences restrictive as other settlements have capacity to accommodate sustainable development. of the paragraph.

Why changes are needed: It will further sustainable development in accordance with Government policy.

Rep SS/301.06 RESPONDENT: Beaucette Property Portfolio Changes necessary: Council's Response: Paragraph 5.1.1 should contain reference to development contributing to all sectors of the Para 5.1.1 is setting out the main determining factors of the spatial strategy. It is not community in accordance with Circular 05/2005: Planning Obligations. necessary to make the suggested change.

Why changes are needed: To be consistent with government policy.

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Rep SS/302.03 RESPONDENT: The London Green Belt Council Changes necessary: Council's Response: Paragraph 5.1.9 makes references to derelict green belt but PPG2 states that "the quality of the This matter is dealt with in Position Satement CS04. This paricular reference is merely a landscape is not relevant to the inclusion of land within a green belt and to its continued protection." statement of fact.

Why changes are needed: The word "derelict" may be appropriate to describe "land" or a "site", but, because of 1.7 of PPG2, its "pejorative" implication, e.g. for development, is not appropriate, or relevant, to Green Belt and should not be used in connection with Green Belt. This may cast doubt on e.g. the Annex E proposal.

Policy- CP01 SUSTAINABLE DEVELOPMENT Rep SS/004.01 RESPONDENT: Theatres Trust Changes necessary: Council's Response: Support Policy CP1 Noted


Rep SS/016.01 RESPONDENT: Plaxtol Parish Council Changes necessary: Council's Response: Support Policy CP1. Noted


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Rep SS/064.03 RESPONDENT: Natural England Changes necessary: Council's Response: Support Part 3 of Policy CP1. Noted


Rep SS/065.01 RESPONDENT: Southern Water Changes necessary: Council's Response: Support for Policy CP01. Noted


Rep SS/069.05 RESPONDENT: Highways Agency Changes necessary: Council's Response: Locations of development should meet the 3 main core principles of PPG13. The impact on the trunk One of the fundamental aims of the policy is to reduce the need to travel. This is taken road network should be assessed and mitigation techniques proposed. forward in Policy CP2. It is not necessary to repeat national guidance in the LDF. Issues of mitigation are covered by Policy CP26.


Rep SS/069.06 RESPONDENT: Highways Agency Changes necessary: Council's Response: Locations of development should meet the 3 main core principles of PPG13. The impact on the trunk One of the fundamental aims of the policy is to reduce the need to travel. This is taken road network should be assessed and mitigation techniques proposed. forward in Policy CP2. It is not necessary to repeat national guidance in the LDF. Issues of mitigation are covered by Policy CP26.


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Rep SS/072.01 RESPONDENT: Croudace Homes Limited Changes necessary: Council's Response: Reword policy to:- Policy CP1 is a high level Policy which sets the context for all others in the Core "1. All proposals for new development must result in a high quality sustainable environment. Strategy and other DPDs. In the Council's opinion it is sound and unambiguous and 2. Existing natural and historic built resources within the Borough will be conserved and, wherever does not need to be changed. possible, enhanced. 3. The use and development of land will be assessed against the Borough's housing, economic and social requirements, and the need to protect and enhance the natural and built environment and minimise energy consumption and the need to travel."

Why changes are needed: To provide a precise, clear and robust policy approach.

Rep SS/072.02 RESPONDENT: Croudace Homes Limited Changes necessary: Council's Response: Reword policy to:- Policy CP1 is a high level Policy which sets the context for all others in the Core "1. All proposals for new development must result in a high quality sustainable environment. Strategy and other DPDs. In the Council's opinion it is sound and unambiguous and 2. Existing natural and historic built resources within the Borough will be conserved and, wherever does not need to be changed. possible, enhanced. 3. The use and development of land will be assessed against the Borough's housing, economic and social requirements, and the need to protect and enhance the natural and built environment and minimise energy consumption and the need to travel."

Why changes are needed: To provide a precise, clear and robust policy approach.

Rep SS/091.06 RESPONDENT: English Heritage Changes necessary: Council's Response: Policy CP1 - Section 3 - welcome reference to the historic environment. Noted


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Rep SS/091.07 RESPONDENT: English Heritage Changes necessary: Council's Response: Section 3 - 1st sentence should refer to the natural, built and "historic" environment. The words natural and built would both include "historic" environments. The suggested change is unnecessary

Why changes are needed: To comply with PPS1, ensure consistency and avoid doubt.

Rep SS/158.06 RESPONDENT: South East England Regional Assembly Changes necessary: Council's Response: It should include a commitment to contributing to the regional density target contained in policy H5 of The Core Strategy does not need to repeat what is said in the South East Plan. In line the Draft South East Plan. with PPS3 Policy CP1.6 indicates that development will be concentrated at the highest density compatible with the local built and natural environment. A density higher than this could not be achieved without conflict with the objectives of the Policy. Why changes are needed: To ensure consistency with and assist implementation of the Draft South East Plan.

Rep SS/158.09 RESPONDENT: South East England Regional Assembly Changes necessary: Council's Response: The Core Strategy should include reference to measures to make better use of the existing housing This is possibly not necessary because the vacancy rate in Tonbridge and Malling is stock to help meet housing needs and to promote urban renaissance and sustainable use of extremely low. However, if the Inspector feels it would be helpful, the words "Best use resources. will be made of the existing housing stock" could be added at the end of section 6 of Policy CP1. Why changes are needed: To ensure consistency with and assist implementation of the Draft South East Plan.

Rep SS/171.01 RESPONDENT: Croudace Strategic Ltd Changes necessary: Council's Response: Section 6 reword to:- The inclusion of a reference to "locations outside of settlements" is not appropriate or "Development will be concentrated at the highest density compatible with the local built and natural necessary. The Policy refers to development "mainly" being concentrated in the environment mainly on previously developed land and at those urban areas, rural settlements and specified locations which gives scope for other sustainable locations to be considered. locations outside of settlements where a reasonable range of services is available and/or where there is the potential to be well served by sustainable modes of transport."

Why changes are needed: Locations outside of settlement boundaries can offer sustainable locations for further economic development.

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Rep SS/175.06 RESPONDENT: Kent County Council Strategy Division Changes necessary: Council's Response: Section 7 1st sentence reword to:- Revise the wording to make specific reference to "the infrastructure necessary to "Development must minimise the risk of crime and should make appropriate provision for social, serve new development".. including social leisure, cultural and community facilites…etc leisure, cultural and community facilities and infrastructure and adequate open space accessible to

Why changes are needed: To clarify that the policy refers to infrastructure as well as community facilities. Infrastructure is referred to in Policy CP26 and there should be consistency.

Rep SS/293.01 RESPONDENT: Barton Willmore Changes necessary: Council's Response: Support Policy CP1 and the intentions to enhance the built and historic environment, to achieve Noted highest densities possible and to make use of previously developed land.


Rep SS/301.07 RESPONDENT: Beaucette Property Portfolio Changes necessary: Council's Response: Section 2 should expand on categories of development for which provision will be made to include It is important that this should not duplicate the terms of Section 7 of the Policy. leisure, recreation, sport, culture and tourism. Creating a list is bound not to be fully inclusive. It may therefore be better to replace the word "retail" with "other" since, as the representation rightly says, there is a wide range of other development that is necessary to match the housing and employment needs of the Borough. Why changes are needed: To ensure the Plan makes provision for all development required to foster a sustainable community consistent with government policy.

Rep SS/301.08 RESPONDENT: Beaucette Property Portfolio Changes necessary: Council's Response: Section 4 should provide amplification of circumstances in which development in areas liable to flood Policy CP1 is a high level Policy. It indicates that areas liable to flood will be avoided will be contemplated. where possible. Policy CP11 deals in more detail with flooding Policy.

Why changes are needed: To ensure that only development in areas liable to flood is consistent with government policy on the issue.

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Policy- CP02 SUSTAINABLE TRANSPORT Rep SS/016.02 RESPONDENT: Plaxtol Parish Council Changes necessary: Council's Response: Support Policy CP02. Noted


Rep SS/069.07 RESPONDENT: Highways Agency Changes necessary: Council's Response: A Transport Assessment, including a Travel Plan, will be required for any development likely to Para 6.1.6 says that all development likely to generate a significant number of trips will generate an undesirable impact on the trunk road network require a Transport Assessment. It would be expected that the Transport Assessment will identify whether there is a need for a Travel Plan to mitigate the impact of the development. Why changes are needed: Not specified.

Rep SS/069.08 RESPONDENT: Highways Agency Changes necessary: Council's Response: A Transport Assessment, including a Travel Plan, will be required for any development likely to Para 6.1.6 says that all development likely to generate a significant number of trips will generate an undesirable impact on the trunk road network require a Transport Assessment. It would be expected that the Transport Assessment will identify whether there is a need for a Travel Plan to mitigate the impact of the development. Why changes are needed: Not specified.

Rep SS/069.09 RESPONDENT: Highways Agency Changes necessary: Council's Response: New development should not require significant associated road infrastructure. The Highways Noted. The policy does not seek to require significant associated road infrastructure. Agency should be a key consultee to ensure that safety and capacity considerations are taken into Only that necessary will be provided. account for both the local and trunk road networks.


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Rep SS/069.57 RESPONDENT: Highways Agency Changes necessary: Council's Response: New development should not require significant associated road infrastructure. The Highways Noted. The policy does not seek to require significant associated road infrastructure. Agency should be a key consultee to ensure that safety and capacity considerations are taken into Only that necessary will be provided. account for both the local and trunk road networks.


Rep SS/091.08 RESPONDENT: English Heritage Changes necessary: Council's Response: Section (e) - welcome reference to historic environment. Noted

Why changes are needed: Not applicable.

Rep SS/158.04 RESPONDENT: South East England Regional Assembly Changes necessary: Council's Response: It should refer to the need to provide appropriate levels of car and cycle parking for residential and Too detailed for the Core Strategy. No need to repeat what is in PPG13. non-residential developments.

Why changes are needed: To ensure consistency with and assist implementation of the Draft South East Plan.

Rep SS/171.02 RESPONDENT: Croudace Strategic Ltd Changes necessary: Council's Response: Add the following text:- This is adequately addressed by Section (e) of the Policy and Policy CP26. The word "(g) provide for any necessary enhancements to the safety of the highway network and capacity of "infrastructure" is also proposed to be added to Policy CP1.7 transport infrastructure to satisfactorily accommodate specific land allocations within the Borough and those allocations within neighbouring Boroughs (where appropriate)."

Why changes are needed: To ensure that account is taken of highway improvements which are required as a result of housing allocations within the Borough and neighbouring Boroughs, e.g. Hermitage Lane in Maidstone Borough.

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Rep SS/175.08 RESPONDENT: Kent County Council Strategy Division Changes necessary: Council's Response: Section (e) should be reworded to:- Agree - correct typographic error "provide for any necessary enhancements to the safety of the highway network and capacity of transport infrastructure whilst avoiding road improvements that significantly harm the natural or historic environment or the character of the area."

Why changes are needed: To amend a drafting error.

Policy- CP06 SEPARATE IDENTITY OF SETTLEMENTS Rep SS/052.01 RESPONDENT: Hildenborough Village Preservation Association Changes necessary: Council's Response: Support for Policy CP06 and the protection of the Green Belt. Noted


Rep SS/171.04 RESPONDENT: Croudace Strategic Ltd Changes necessary: Council's Response: Section 2 reword to:- The words "of an appropriate scale" are unnecessary since the level of acceptability of "Any development that is considered acceptable in terms of this Policy should be of an appropriate the development is determined by the first part of the policy. scale and should maintain or enhance the setting and identity of the settlement and in the countryside, be consistent with Policy CP15."

Why changes are needed: Small scale office development at the Maidstone Borough boundary would not harm the role of the green wedge which separates the settlements of Ditton and Maidstone. The change would make the policy appropriate in all circumstances.

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Policy- CP09 SITES OF SPECIAL SCIENTIFIC INTEREST Rep SS/064.05 RESPONDENT: Natural England Changes necessary: Council's Response: Support Policy CP09. Noted


Policy- CP10 AGRICULTURAL LAND Rep SS/171.05 RESPONDENT: Croudace Strategic Ltd Changes necessary: Council's Response: Add the following text:- The additional words are unnecessary. Any economic and social considerations would "(c) where development is acceptable in terms of its location, setting, and economic benefit, this will form part of the case of "overriding need". override the requirement to retain agricultural land for such purposes."

Why changes are needed: The policy should take account of the economic and social benefit of development in rural areas and balance this against the value of the land as agricultural land. It needs to take account of alternatives.

Policy- CP11 FLOOD PROTECTION Rep SS/065.02 RESPONDENT: Southern Water Changes necessary: Council's Response: Support for Policy CP11. Noted


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Rep SS/169.01 RESPONDENT: Harvester Trust Changes necessary: Council's Response: Section 1 should include the following:- This is too prescriptive. The matter is covered by part 2 of the policy that refers to "Where development is proposed in areas of high risk, and where appropriate mixed use PPS25 and to other "exceptional justification". This allows each case to be considered developments are proposed on the waterfront in particular, the economic, social and regeneration on its merits. benefits of development should be weighed against the risk of flooding with reference to the Council's Strategic Flood Risk Assessment."

Why changes are needed: To ensure that the policy is consistent with policy CP24.


Why changes are needed: The policy should give stronger support to the redevelopment of sites in central Tonbrdige which are within areas at risk from flooding. Reference to the SFRA should be made to ensure that the policy is robust.


Why changes are needed: To ensure that the policy is flexible enough to allow for maximising waterfront development opportunities to assist in the regeneration and enhancement of the vitality and viability of the town centre.

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Policy- CP15 DEVELOPMENT IN THE COUNTRYSIDE Rep SS/131.01 RESPONDENT: Hugh Lowe Farms Changes necessary: Council's Response: The policy should cater for workers needed but not necessarily restricted to those that meet the tests This matter is dealt with under Position Statement CS10 in respect of a possible new in Annex A of PPS7. Policy. Policy CP15 allows for development necessary for the purposes of agriculture including essential housing for farm workers. It does not overtly restrict such workers to the categories in Annex A of PPS7. The Policy also allows for the provision of affordable housing under the Exception Sites Policy (CP20) and other development that secures the viability of a farm. Such matters are best considered on their merits. Why changes are needed: Not specified.

Rep SS/171.08 RESPONDENT: Croudace Strategic Ltd Changes necessary: Council's Response: Section (d) reword to:- This matter is addressed in Position Statement CS08. It is not the Council's policy to "development required for the limited expansion of an existing authorised employment use or for new accept new employment development within the countryside. employment uses at sustainable locations; or"

Why changes are needed: Rural locations can provide sustainable locations for small scale employment uses which would not harm the countryside. It needs to take account of alternatives.

Rep SS/227.01 RESPONDENT: Gallagher Properties Ltd Changes necessary: Council's Response: Support Policy CP15. Noted


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Rep SS/239.02 RESPONDENT: Insite Development Ltd Changes necessary: Council's Response: Support Policy CP15. Noted


Policy- CP20 EXCEPTION SITE POLICY Rep SS/064.06 RESPONDENT: Natural England Changes necessary: Council's Response: Support Policy CP20 Part (d). Noted


Rep SS/239.01 RESPONDENT: Insite Development Ltd Changes necessary: Council's Response: Support Policy CP20. Noted


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Policy- CP24 TONBRIDGE TOWN CENTRE Rep SS/079.29 RESPONDENT: Hallam Land Management Limited Changes necessary: Council's Response: Amend policy to recognise that Lower Haysden Lane, Tonbridge, should be allocated for development This matter is dealt with in Position Statement CS02. There should be no change to within the plan period. Policy CP24.

Why changes are needed: It will facilitate the delivery of housing at a highly sustainable location and ensure that sufficient sites come forward within the plan period.

Rep SS/079.30 RESPONDENT: Hallam Land Management Limited Changes necessary: Council's Response: Amend policy to recognise that Lower Haysden Lane, Tonbridge, should be allocated for development This matter is dealt with in Position Statement CS02. There should be no change to within the plan period. Policy CP24.


Rep SS/079.31 RESPONDENT: Hallam Land Management Limited Changes necessary: Council's Response: Amend policy to recognise that Lower Haysden Lane, Tonbridge, should be allocated for development This matter is dealt with in Position Statement CS02. There should be no change to within the plan period. Policy CP24.


Rep SS/091.10 RESPONDENT: English Heritage Changes necessary: Council's Response: Support for the need for public realm improvements. Noted


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Rep SS/091.11 RESPONDENT: English Heritage Changes necessary: Council's Response: Section (f) needs to be more assertive based on a clear implementation plan. In terms of assertiveness the word "generally" could be deleted. Detailed proposals are included in the Tonbridge Central Area Action Plan


Rep SS/169.06 RESPONDENT: Harvester Trust Changes necessary: Council's Response: Support Policy CP24. Noted

Why changes are needed: Not applicable.

Rep SS/169.07 RESPONDENT: Harvester Trust Changes necessary: Council's Response: Reword policy to:- There is no need to include specific reference to "education and community uses". To "The policy for Tonbridge Town Centre is to provide for a sustainable development pattern of retail, include a list of "other uses" will inevitably not be comprehensive. employment, housing and leisure uses, and a range of other uses including education and community facilities, to regenerate and enhance the vitality and viability of the Town Centre."

Why changes are needed: The policy is currently too vague and needs to refer specifically to education and community facilities to overcome this.

Rep SS/301.03 RESPONDENT: Beaucette Property Portfolio Changes necessary: Council's Response: Amend policy to refer to a sustainable development pattern of retail, employment, housing, leisure, There is no need to include specific reference to "entertainment, more intensive sport entertainment, more intensive sport and recreation, arts, culture and tourism uses. and recreation, arts, culture and tourism". To include a list of "other uses" will inevitably not be comprehensive.

Why changes are needed: To comply with PPS6.

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Rep SS/301.04 RESPONDENT: Beaucette Property Portfolio Changes necessary: Council's Response: Delete "and other development" and replace with "leisure, entertainment, more intensive sport and There is no need to include specific reference to "entertainment, more intensive sport recreation uses, offices, arts, culture and tourism". and recreation, arts, culture and tourism". To include a list of "other uses" will inevitably not be comprehensive.

Why changes are needed: To provide for consistency with PPS6.

Policy- CP25 ACHIEVING A HIGH QUALITY ENVIRONMENT Rep SS/002.04 RESPONDENT: McCarthy & Stone (Developments) Ltd Changes necessary: Council's Response: Design areas to be able to help the movement of elderly people. This matter is covered by Policy CP2(f) as well as the more detailed design documents referred to under Policy CP25.2

Why changes are needed: Will help integrate elderly people with the rest of the community.

Rep SS/064.07 RESPONDENT: Natural England Changes necessary: Council's Response: Support Policy CP25 Part 5. Noted


Rep SS/074.02 RESPONDENT: Kent Downs AONB Unit Changes necessary: Council's Response: Support for Policy CP25. Noted


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Rep SS/091.12 RESPONDENT: English Heritage Changes necessary: Council's Response: Section 3 should refer to the built or "historic" environment. There is no need for a change to be made. The "built environment" includes the "historic" environment.

Why changes are needed: To ensure that the policy addresses the historic environment.

Rep SS/175.17 RESPONDENT: Kent County Council Strategy Division Changes necessary: Council's Response: Add the following text:- This was considered to be too detailed for a Core Strategy Policy. It will be considered "ensure that landscaping is designed to retain important existing natural features, reflect the for inclusion in a future lower order DPD. surrounding landscape of the area, and contribute towards the objectives of the Kent Biodiversity Action Plan through appropriate habitat creation and enhancement schemes using native species, unless non-native species are justified by the particular circumstances of the site."

Why changes are needed: To reinstate part of what was originally contained in Policy CP30 of the Preferred Options Report.

Policy- CP26 MITIGATION OF DEVELOPMENT IMPACTS Rep SS/064.09 RESPONDENT: Natural England Changes necessary: Council's Response: Support Policy CP26. Noted


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Rep SS/158.12 RESPONDENT: South East England Regional Assembly Changes necessary: Council's Response: Policy CP26 should include a reference to encouraging mixed use community facilities in accordance Policy CP26 is about how provision of infrastructure is secured rather than about where with policy S8 of the Draft South East Plan. it should be provided. The issue of mixed use developments is covered by Policy CP1.5.


Rep SS/175.20 RESPONDENT: Kent County Council Strategy Division Changes necessary: Council's Response: Reword 8th line to:- References to financial contributions "and/or land" could usefully be added. The other "…provision for financial contributions and, where necessary, land to secure such…" proposed wording is considered to be too detailed and more about how the policy will be applied. It could, if the Inspector considers it would be helpful, be added to the Section 1 add following text to end:- supporting text at the end of para 6.4.9 following the word "basis". "Where a developer considers that the full funding or provision of all necessary infrastructure and facilities is not possible, the LPA will require developers to provide validated open book accounts to substantiate their case. The information obtained through open book accounting will be treated as confidential." Add the following to the accompanying text:- "If a developer is unwilling to participate in this approach, the LPA will have no justification for setting aside the requirement for full provision."

Why changes are needed: To clarify the intentions of the policy and ensure an open approach to the provision of infrastructure and facilities.

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Rep SS/223.01 RESPONDENT: Kent Police Changes necessary: Council's Response: Point 1 of policy after "service provision" add "including that of emergency services and policing." It would be inappropriate to be so specific within the Policy because any list is not likely Further clarity would also need to be made to the preamble. This would ensure that all service to be comprehensive. It is proposed that the supporting text should include the requirements of new development are met, including that of policing, to meet the aims of policy CP1. definition of community services in the Kent and Medway Structure Plan Policy QL12 Kent Police's Contributions Document is relevant. which refers to "police and emergency services".

Why changes are needed: It will lead to a more concise and qualified policy which will aid implementation and delivery whilst securing greater conformity with the Development Plan, i.e. policies QL11 and QL12 of the Structure Plan.

Rep SS/223.02 RESPONDENT: Kent Police Changes necessary: Council's Response: Point 1 of policy after "service provision" add "including that of emergency services and policing." It would be inappropriate to be so specific within the Policy because any list is not likely Further clarity would also need to be made to the preamble. This would ensure that all service to be comprehensive. It is proposed that the supporting text should include the requirements of new development are met, including that of policing, to meet the aims of policy CP1. definition of community services in the Kent and Medway Structure Plan Policy QL12 Kent Police's Contributions Document is relevant. which refers to "police and emergency services".

Why changes are needed: It will lead to a more concise and qualified policy which will aid implementation and delivery whilst securing greater conformity with the Development Plan, i.e. policies QL11 and QL12 of the Structure Plan.

Rep SS/292.01 RESPONDENT: Invicta Gospel Hall Trust Changes necessary: Council's Response: Policy CP26 and paragraphs 6.4.10 and 6.4.12 should include reference to places of worship. It is not appropriate to be so specific in the Policy because any list is bound not to be comprehensive. It is intended to include in para 6.4.12 the same definition of There has been inadequate consultation with religious groups. "community services" as in Policy QL12 of the Kent and Medway Structure Plan.

Why changes are needed: This will be in accordance with draft South East Plan policy S11 and Kent and Medway Structure Plan policies QL11 and QL12.

Rep SS/303.01 RESPONDENT: Tunbridge Wells Gospel Hall Trust Changes necessary: Council's Response: Paragraph 6.4.10 and policy CP26 should include reference to places of worship in accordance with It is not appropriate to be so specific in the Policy because any list is bound not to be policy S11 of the draft South East Plan and policies QL12 and QL13 of the Kent and Medway comprehensive. It is intended to include in para 6.4.12 the same definition of Structure Plan. "community services" as in Policy QL12 of the Kent and Medway Structure Plan.

Why changes are needed: To ensure that a minority group / religious services are not disadvantaged.

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Policy- CP27 COMMUNITY SERVICES AND TRANSPORT INFRASTRUCTURE Rep SS/004.03 RESPONDENT: Theatres Trust Changes necessary: Council's Response: Support for guidelines set out in CP27 for the replacement of cultural facilities. Noted




Rep SS/069.24 RESPONDENT: Highways Agency Changes necessary: Council's Response: Support the continued safeguarding of the A21 Tonbridge to Pembury Dualling Scheme. Noted


Rep SS/069.25 RESPONDENT: Highways Agency Changes necessary: Council's Response: The M20 junction 4 Section 278 scheme is currently under construction. It is now complete


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Rep SS/158.11 RESPONDENT: South East England Regional Assembly Changes necessary: Council's Response: The Policy should refer to the need to support and develop the role of the regional spokes that relate There is no need to repeat or to be so specific about transport schemes that are to Tonbridge and Malling having regard to all modes of travel to reflect policy T5 of the RTS and proposed or promoted by other authorities. The Borough Council's role, as planning policy T3 of the Draft South East Plan. authority, is to safeguard the land and this is the purpose of Polices CP27 and S1.


Rep SS/171.10 RESPONDENT: Croudace Strategic Ltd Changes necessary: Council's Response: Add the following text:- Policy CP27 is about safeguarding community service provision. The provision of "(4) Proposals for new or expansion of schemes that would result in the provision of improved community services in association with new development on sites not already community services will be permitted subject to all other matters being acceptable." safeguarded would be secured through the operation of Policy CP26.

Why changes are needed: To reflect that other alternative sites are suitable for providing for community needs which have not been specifically safeguarded.

Rep SS/175.21 RESPONDENT: Kent County Council Strategy Division Changes necessary: Council's Response: Section 3(c) reword to:- Agree to correct typographic error. "…that for the foreseeable future there is likely…"

Why changes are needed: Minor text correction.

Rep SS/293.06 RESPONDENT: Barton Willmore Changes necessary: Council's Response: Part 1 reword to "The Council will safeguard land required for the provision of services to meet the The service existing and future community needs where appropriate." Delete part 3.

Why changes are needed: The policy is over-prescriptive and does not allow for flexibility to redevelop sites which have historic community uses established. Releasing sites currently or last used for community use does not mean that such use is lost.

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Rep SS/310.01 RESPONDENT: Broadlands Changes necessary: Council's Response: Part 3 (c) delete and replace with "the applicant has demonstrated that the retention of the facility is References to viability in the draft Policy at the Preferred Options stage have been not financially viable." deleted specifically at the request of Sport England (see page 209 of Response to Consultations under Reg 25 and 26 Document). Financial viability may not be an issue or relevant to some of the services covered by this policy, but it is acknowledged for some others, like village shops, for example, that it might be the case. The word "adequate" could be included before "support" which would then encompass viability Why changes are needed: Need or support for a facility does not equate to viability. If it is not viable, a facility should not be retained as there is no merit in a vacant premises.

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Annex B

Proposed changes to the Vision, Aims, Strategy and Policies [the reference number of the proposer of the change is indicated in square brackets] Aims Aim 1(d) – Revise to read [182.02]: (d) Minimising the need to travel and providing the opportunity for trips to be made by all a

choice of modes of transport; Aim 2 (c) - Revise to read [91.05]: (c) Avoiding the adverse effects of development in areas of significance for landscape or

nature conservation, areas at risk of flooding, important historic assets and the best and most versatile agricultural land;

Aim 2(e) - Revise to read [175.05] (d) Ensuring infrastructure and services are co-ordinated to meet the needs of existing and

any new communities, wherever required as an integral part of the in association with new development;

The Strategy Para 5.1.4 - Revise second sentence to read [181.17]:

Unless there are special circumstances, New development will be located within the built-up areas of these settlements mainly on previously developed land or by conversion of existing buildings.

Policies Policy CP1.2 – Revise to read [301.07]:

2. Provision will be made for housing, employment and retail other development to meet the needs of existing and future residents of the Borough in line with the evolving housing requirements of the South East Plan and local studies aimed at informing the need for, and form of, development required.

Policy CP1.6 – Revise to read [158.09]

6. Development will be concentrated at the highest density compatible with the local built and natural environment mainly on previously developed land and at those urban and rural settlements where a reasonable range of services is available and where there is the potential to be well served by sustainable modes of transport. Best use will be made of the existing housing stock.

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Policy CP1.7 – Revise to read [175.06]

7. Development must minimise the risk of crime and should make appropriate provision for the infrastructure necessary to serve new development, including social leisure, cultural and community facilities and adequate open space accessible to all. If still needed, existing facilities will be protected and land required to meet future community needs will be identified and safeguarded for that purpose.

Policy CP2 (e) – Correct to read [175.08]

(e) provide for any necessary enhancements to the safety of the highway network and capacity of transport infrastructure whilst avoiding road improvements that significantly harm the natural of or historic environment or the character of the area.

Policy CP24 (f) – Revise to read [91.11]

(f) generally Enhancing the public realm, including protecting and enhancing important open spaces and the creation of new ones, reducing the potential for anti-social behaviour and the fear of crime and making design statements at the gateways to the town centre.

Para 6.4.9 – Add the following words at the end of the paragraph [175.20]: ….… These will have to be determined on a case by case basis. Where a developer

considers that the full funding or provision of all necessary infrastructure and facilities is not possible, the Council will require the applicant to provide validated open book accounts, on a confidential basis, to substantiate their case. The following policy provides the context for all development.

Policy CP26.1 – Revise the second sentence to read [175.20]: All development proposals must therefore either incorporate the infrastructure

required as a result of the scheme, or make provision for financial contributions and/or land to secure such infrastructure or service provision at the time it is needed, by means of conditions or a planning obligation.

Para 6.4.12 - Revise the first part of the paragraph to read [223.01/02, 292.01, 303.01]: 6.4.12 For communities to be sustainable it is essential for a range of community services to

be available. Community Services include schools and other education provision, social services, adult education, libraries, community and youth services, health, culture, places of worship, police and emergency services, recreation and amenity space, sport, local shopping, public utilities and transport. The Development Land Allocations DPD will identify specific proposals based upon detailed advice from service providers…….

Policy 27.3(c) Revise section 3(c) to read [175.21, 310.01]:

(c) the applicant has proved to the satisfaction of the Council that for the foreseeable future there is likely to be an absence of need or adequate support for the facility.

Documents

CS12 - Changes to Policies Position Statement · Welcome reference to historic environment. Noted Why changes are needed: Support. Rep SS/091.03 RESPONDENT: English Heritage Changes