Medway Local Plan (Regulation 18, 2023)

1. Introduction
1.1. We are writing on behalf of our client, Kitesfield Estates Limited, in respect of the Medway Council’s Local Plan – Regulation 18 Consultation Report-Setting the Direction for Medway 2040.
1.2. This representation promotes a 1.05ha brownfield site on the southern side of Ratcliffe Highway, Hoo St Werburgh, Rochester, ME3 8QB, known as ‘The Depot’ Ratcliffe Highway and herein known as ‘the site’ for inclusion in the future Local Plan.
1.3. The site is owned by Kitesfield Estates Limited and is leased to L & P Recovery Limited. This site is considered to be an omission from the draft Regulation 18 consultation strategy, which identifies broad areas for development in the context of the forthcoming Medway Local Plan.
1.4. The site provides an opportunity to provide a development site in the Hoo Peninsula rural development area. This omission site could contribute to the Council's substantial housing requirements within the district, especially when joined with the neighbouring sites, already identified.
1.5. This brownfield site, currently trading as a vehicle sales and repair business, has never been promoted through the Local Plan process, at either the call-for-site or former regulation 18 stages. It is now being promoted through Bloomfields Chartered Town Planners, following the adjoining and neighbouring sites coming forward for large-scale housing schemes. It is considered that the site provides an opportunity for additional housing development, and hence, positive growth in the Medway area to 2040.
1.6. This representation responds to the current Regulation 18, by setting out how the site meets the aspirations and broad spatial strategy being promoted in the Local Plan, specifically in the rural area. In addition to responding to each of the headings in the consultation document, and identifying how the site can deliver the vision and objectives through sustainable development.

 
2. Context
2.1. The production of the Medway Local Plan has involved several key stages. Three stages already having been completed, the ‘issues and options’ (Regulation 18) completed in 2016, the ‘development options’ (Regulation 18) completed in 2017, and the ‘development strategy’ (Regulation 18) completed in 2018. This consultation, ‘setting the direction for Medway 2040’ (Regulation 18) consultation, marks the fourth consultation phase and the final Regulation 18 consultation before the publishing of the Regulation 19 draft plan.
2.2. The current consultation period considers why the Council needs to plan for Medway's growth. It refers to aspects of Medway that need to be safeguarded for the future, such as beautiful landscapes and historic buildings. The consultation document also outlines potential options for building new homes, workplaces and services, such as schools and surgeries.
2.3. It is understood that this consultation does not detail policies or identify those sites preferred by the Council for new development, but does relay key areas where development could come forward.
2.4. This representation seeks to promote a 1.05ha brownfield site on the southern side of Ratcliffe Highway, Hoo St Werburgh, Rochester, ME3 8QB. Please see the attached site plan for the full boundary of the site.
2.5. This site has not previously been promoted for development through the 2008 Call for Sites or more recently the 2023 Call for Sites exercise undertaken by Medway Council, the Local Planning Authority (LPA). On this basis, the recently published interim Land Availability Assessment for Medway (September 2023) does not include an assessment of the site.
2.6. For the completeness of this Regulation 18 consultation, the site is considered an omission and it should be included in the defined area being promoted as part of the wider rural development area in the Hoo Peninsula.
2.7. This representation confirms that the site is being promoted primarily for a housing-led development scheme. The strategic location and size of the site provides the opportunity for the delivery of a major residential-ledscheme, which could be developed in isolation or more strategically with the neighbouring site, Land At Ratcliffe Highway Hoo (associated with planning application MC/23/1934).
2.8. The area of land which surrounds the site on its western and southern boundary is currently subject to assessment as part of planning application MC/23/1934. This application for outline consent is currently under consideration and sets out a scheme for the erection of up to 240 residential dwellings, being promoted by Gladman, including 25% affordable housing, together with a new vehicular access point from Ratcliffe Highway, open space, landscaping and associated works.
2.9. As the site has not been promoted for development through any previous call for sites or Local Plan stage consultations, it is not included in the general rural development land approach advocated in the rural development sites model shown in Map 3 ‘Overview of potential sites for Rural Development’. In consideration of the consultation, it is therefore submitted that its non-inclusion is an omission.
3. Site Description and History
3.1. The 1.05ha brownfield site on the southern side of Ratcliffe Highway, is a roughly triangular-shaped site accessed from its own permanent access off of Ratcliffe Highway. The site comprises hard standing and several buildings which serve the current business uses. A further review of the Google Earth historic maps, identifies that the site has a history of commercial motor vehicle use as far back as the 1960s.
3.2. The site is located adjoining the Ratcliffe Highway to the north and on this boundary it is screened by a thick band of hedging and vegetation.
3.3. It is surrounded by agricultural fields to the south and west and there is a further narrow hedgerow which screens the site on these boundaries. These agricultural fields are subject to a planning application for outline consent (MC/23/1934) for 240 dwellings which is currently under consideration.
3.4. The eastern boundary extends to the access drive with the properties known as River View and the Mill View Cottages located on the opposing side. The site access is located between the Mill View Cottages and the eastern boundary of the site, with the shared access extending southwards to the neighbouring property River View.
3.5. The site had a planning application approved with conditions under reference (22/1498) for retrospective provision of additional hard standing and enclosure between the depot and the highway for light industrial use including car sales. This extended the area of the site northwards towards Ratcliffe Highway, increasing the brownfield area of the site significantly.
Constraints:
3.6. Current National Policy in the NPPF “the use of previously developed land, and sites that are physically well related to existing settlements, should be encouraged where suitable options exist.”
3.7. In accordance with the Local Plan Policies Map 2023 the site does not have any constraints to development. It is a brownfield site that is currently predominantly utilised for vehicle salvage/repairs and sales. The site is outside of the urban settlement boundary to which Policy BNE25 of the Local Plan applies, but it is located within a wider area identified for potential housing development in the rural development area in the current Regulation 18 consultation. The site directly relates to the adjoining housing development scheme currently being promoted for 240 residential units by Gladman under planning reference MC/23/1934.
3.8. Furthermore, the recent 2022 planning application approved on the site confirmed that the “site is not designated as a strategic gap under Policy BNE31 of the Local Plan and Magic Maps indicate the site is “other” land and not agricultural land. It is noted the surrounding area is classified as Grade 3b agricultural land. Grade 3b agricultural land is low grade with the most versatile agricultural land (as noted in the NPPF) being grades 1-3a”.
3.9. In respect of the local landscape, it is our view that there will be no unacceptable impact on the landscape value as the site is an in use brownfield site. The Council’s Medway Landscape Character Assessment (2011) (‘MLCA’) identifies that the site falls within the Hoo Peninsula Landscape Character Area, more specifically the Deangate Ridge area.
3.10. In accordance with paragraph 125 of the NPPF 125, ‘area-based character assessments, design guides and codes and masterplans can be used to help ensure that land is used efficiently while also creating beautiful and sustainable places’.
3.11. As an alternative to a stand-alone development, the development of the site could be considered with a comprehensive and sensitive masterplan approach with adjoining sites. Either way, both approaches could incorporate masterplanning, appropriate landscaping and suitable design codes to ensure that a suitable and necessary development could be delivered on this part of the Hoo Peninsula.
4. Deliverability
4.1. Paragraph 68 of the National Planning Policy Framework (‘NPPF’) requires for plan-making, local planning authorities (‘LPAs’) should identify and update a supply of specific deliverable sites sufficient to provide 5 years-worth of housing against their housing requirements with an additional buffer of 20% where there has been a record of persistent under delivery of. Furthermore, specific, developable sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15 of the plan need to be clearly set-out.
4.2. The Glossary of the NPPF defines deliverable and developable as following:
4.3. “Deliverable: To be considered deliverable, sites for housing should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years. In particular:
4.4. a) sites which do not involve major development and have planning permission, and all sites with detailed planning permission, should be considered deliverable until permission expires, unless there is clear evidence that homes will not be delivered within five years (for example because they are no longer viable, there is no longer a demand for the type of units or sites have long term phasing plans).
4.5. b) where a site has outline planning permission for major development, has been allocated in a development plan, has a grant of permission in principle, or is identified on a brownfield register, it should only be considered deliverable where there is clear evidence that housing completions will begin on site within five years”.
4.6. “Developable: To be considered developable, sites should be in a suitable location for housing development with a reasonable prospect that they will be available and could be viably developed at the point envisaged”.
Availability
4.7. Kitesfield Estates Limited, who own the site, have confirmed that the site is currently tenanted and subject to a lease which expires at the end of 2026. On this basis, and subject to its inclusion in the Local Plan, the site could become available in the first 5 years of the Local Plan period.
4.8. Suitability for Residential Development
4.9. The site is located on the main Ratcliffe Highway route, which directly accesses the Peninsula Way between the settlements of Hoo and Chattenden. It is served by good public transport services and a wide range of services/facilities. There are no constraints that could not be overcome to facilitate residential development.
4.10. The sites would be suitable for housing development, as a highly sustainable and logical extension to the settlement of Hoo. If the site were to come forward for residential development, it could also sit comfortably with the adjoining proposed major residential development scheme or be brought forward alongside it as a strategic and master-planned development scheme for the western Hoo area.
4.11. The site would form a positive approach to housing delivery in Medway on a brownfield site. At an average 30 dwelling per hectares, often advocated in rural areas, the site could have an indicative capacity of around 30 units.
Achievability
4.12. Subject to the grant of necessary planning permission, the site is realistically capable of delivering housing development in the early phases of the Plan period. Development viability will be assessed by taking into account the affordable housing requirements, other obligations and market conditions at the time when development proposals are promoted through the planning application process. At this stage, there is no indication to suggest that there will be any viability issues for housing development on this site.

5.1. The NPPF (paragraph 20), sets out that strategic policies should ‘set out an overall strategy for the pattern, scale and design quality of places, and make sufficient provision for [amongst others]:
a) housing (including affordable housing), employment, retail, leisure and other commercial development’;
5.2. Furthermore, the National Planning Policy Framework (‘NPPF’) requires that in order to boost housing supply, local planning authorities (‘LPAs’) should identify a supply of specific deliverable sites sufficient to provide 5-years’ worth of housing against their housing requirements with an additional buffer of 20% where there has been a record of persistent under delivery of housing.
5.3. The consultation report highlights in paragraph 5.4 that “It has to be recognised that there is a housing crisis, particularly regarding affordability and there is an absolute need to provide the right homes in the right places to meet Medway’s growing needs and the requirements for those desperately needing a good quality home”. It goes on to acknowledge that many existing residents are living in over-crowded and / or sub-standard housing conditions.
5.4. It is important that the protection of the intrinsic character and qualities of a site or an area are considered, but these qualities can be protected when new housing development is delivered, through good design and by improving the sustainable networks and access to places and services. Rather than seen as negative, new housing development should be seen as an opportunity to improve the area for the current and future residents delivering the types and quantity of homes that are desperately needed. On this basis, respectfully, reference to ‘housing delivery’ should be made in the vision.
5.5. It is submitted that the development of the site, either delivered in solo or in conjunction with the adjoining proposed development sites could form a primarily housing-led scheme which could be an option to deliver not only the existing elements of the vision for Medway, but could also deliver important housing numbers in the Medway area early-on the plan period. The site is both available and the development of the site is achievable.

6.1. Paragraph 119 of the NPPF sets out that ‘planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions’.
6.2. It is set out in the current consultation that “The role of the Local Plan is to plan positively for the development and infrastructure that the area needs, whilst conserving and enhancing the natural, built and historic environment”.
6.3. In order to deliver the Local Plan, it is proposed that the plan is set around strategic objectives. “The objectives will feed into the wording of policies and how sites and different locations are assessed for potential development. The objectives are presented around broad themes for the environment, communities, economy, and investment in infrastructure and design that is fit for the future”. This representation supports the use of objectives to deliver the strategic aims of the plan, but wishes to raise the following comments regarding the individual objectives:

Objective: Prepared for a sustainable and green future
6.4. The objective to support action against climate change and a sustainable future for Medway is supported. This actively meets the aspirations of paragraph 153 of the NPPF which sets out that ‘Plans should take a proactive approach to mitigating and adapting to climate change’.
6.5. This representation promotes the delivery of sites in the rural area to help deliver 14,736 homes as a way, amongst others, that could deliver a sustainable and green future for Medway.
6.6. Paragraph 5.41 of the Regulations 18 consultation, sets out that “large scale development around Hoo St Werburgh and neighbouring villages could provide for planned growth, where new housing is supported by new and improved services and infrastructure. Such development could also help to meet the Council's ambitions for greener growth, with higher environmental standards in construction, communities better connected for walking and cycling, and within easy reach of local services”.
6.7. This statement is supported and the site, subject to promotion through this representation, provides an opportunity to deliver this strategy on a brownfield site.

Section 8 of the NPPF provides guidance on ‘Promoting Healthy and Safe Communities’. The proposed objective in the Medway Local Plan actively meets this objective and is therefore supported. But, respectfully it is considered that there is an omission in how the objective is drafted.The intentions of the third bullet point, proposes to strengthen the role of Medway's urban, neighbourhood and village centres…” This position is supported, but it is considered that ‘rural extensions’ should also be included in this objective, especially, as the rural development sites are included within the proposed spatial strategy for delivering growth.

This representation supports the provision of quality and resilient development in Medway and we support the Council’s recognition that growth does not mean losing character of an area.

The second bullet point sets out that sustainable development should be directed to the “most suitable locations that can enhance Medway’s economic, social and environmental characteristics”. This stance is supported, as it acknowledges that development of both brownfield and greenfield sites can come forward to meet the housing requirement. The most suitable locations that can enhance Medway's economic, social and environmental characteristics should be utilised to deliver the housing requirement of the area.
An allocation for development of the site could provide an opportunity to deliver this objective, in a development which meets the aspirations of sustainable development, directing development to the most suitable locations, in this case a brownfield site.

7.1. The level of housing need required for the Medway area identifies a requirement for 1,667 homes a year in Medway, which provides a total figure of around 28,500 homes to be delivered before the end of 2040. This figure could further be increased, as it is identified in paragraph 5.11 of the consultation that Medway Council are currently considering a request from Gravesham Borough Council to increase capacity by 2000 homes to help meet the housing need of their district.
7.2. In March 2023 Gravesham Borough Council produced its Five Year Housing Land Supply Statement, covering the period 2022-2027. This document sets out that Gravesham only has 2.9 years of deliverable housing supply. In accordance with the Gravesham Local Development Scheme (January 2023) the new Local Plan for Gravesham is not expected until December 2024, and thus, the Borough’s Housing Land Supply (HLS) is not likely to improve in the near future. The high likelihood of Medway having to absorb some of this housing need should not be ignored in the early stages of Local Plan creation for Medway.
7.3. It is understood that Medway Council are still establishing final housing need numbers, due to the Council raising concerns with the Government derived figures, and the basis and calculations on which final numbers are determined. However, it is made clear in paragraph 5.13 of the consultation that the Council will look to find potential site allocations enough to provide for 19,000 dwelling units, the additional 7500 sites being provided through extant supply.
7.4. We wish to raise an objection to this approach advocated by paragraph 5.13 because the acknowledged uncertainty in the number of housing numbers required to be delivered, means that a more proactive approach, by allocating more sites, should be taken.
7.5. The Council should be looking at allocating more sites, to meet a potential increased capacity, in the Local Plan to ensure that there is an appropriate buffer should there be an additional requirement for housing in the Medway area, rather than relying heavily on delivering the target number of 28,500 homes.
7.6. In accordance with paragraph 69 of the NPPF, it is identified that small and medium sized sites can make an important contribution to meeting the housing requirement of an area, and are often built-out relatively quickly. It sets out that ‘to promote the development of a good mix of sites local planning authorities should:
“a) identify, through the development plan and brownfield registers, land to accommodate at least 10% of their housing requirement on sites no larger than one hectare”;
7.7. The site, ‘The Depot’, Ratcliffe Highway, Hoo St Werburgh, Rochester, Medway ME3 8QB, could provide a reasonable alternative and an additional site on the outskirts of Hoo for additional housing development. On this basis, the site should be included for assessment in the Council’s Land Availability Assessment (LAA).

This representation supports paragraph 5.40 of the consultation, which sets out that the Hoo Peninsula provides a significant opportunity for the “development for homes, jobs and services”.

This representation supports the approach to utilise the Housing Infrastructure Fund (HIF) program to deliver improvements to transport and put measures in place to strengthen the local environment in the Hoo area.

In accordance with Paragraph 5.41 of the Local Plan, large-scale development around Hoo St Werburgh and neighbouring villages could provide for planned growth, where new housing is supported by new and improved services and infrastructure. Such development could also help to meet the Council's ambitions for greener growth, with higher environmental standards in construction, communities better connected for walking and cycling, and within easy reach of local services.

It is considered that the provision of housing development being delivered through rural development is supported. On this basis, the site provides an opportunity to deliver much-needed housing development on brownfield land within close proximity to the settlement of Hoo St Werburgh.

This representation promotes The Depot, to the South of Ratcliffe Highway, Hoo St Werburgh, as a potential site allocation in the Future Medway Local Plan 2040. The site has not previously been promoted for development through the Local Plan, and for this reason, the Depot site should be included within the Land Allocations Assessments (LAA) and should be subject to an assessment for stage 2 sites.

For the completeness of this Regulation 18 consultation, the site is considered an omission and it should be included in the defined area being promoted as part of the wider rural development area in the Hoo Peninsula.