Medway Local Plan (Regulation 18, 2024)

Our client continues to promote the site referred to as HHH19 in the consultation document and located immediately off the Ratcliffe Highway on the Hoo Peninsula as suitable for a mixed-use schemes in the future Medway Local Plan (MLP).

The site, which extend to approximately 13.9 has been identified as capable of accommodating up to 400 residential units as part of a mixed use scheme. If not considered by the Council to be suitable to be residentially led, consideration should be given to the site being employment land led, with the capability to support residential development.

Given the adjacent landownership on the east and west being brownfield land and with the site having been supported for development through the pre-application service with the Head of Planning and Senior Planning officer (see Council letter dated 21 April 2021) and which also included a separate site visit by the Council’s landscape officer with our client's landscape officer, this site should, respectfully, be allocated for future delivery.

We support the vision for the plan which seeks to identify sites that will enable people to live healthier and longer lives. We consider that site HHH19 could provide a safe, connected and sustainable place to live and work which aligns with this vision. The immediate proximity of the Deansgate Leisure centre to the west of site HHH19 would further promote and encourage healthy living.

Our client supports Medway's ambition to boost the performance of the local economy by supporting local businesses to grow and innovate. As the country's largest topfruit grower, Medway has the ability to demonstrate this support with the allocation of HHH19 which facilitates potential reinvestment.
AC Goatham and Son supports the Council's ambition to "extend higher value employment opportunities"; to "attract and develop the jobs of the future"; to "capitalise upon the benefits to local businesses" and "realise economic and place-making opportunities". The allocation of HHH19 all help to deliver this.

Paragraph 1.2.8:- We support the statement that ‘Housing-led growth can support wider investment in services and businesses and contribute to shaping the character of new and existing communities’. The allocation of site HHH19, with employment land to the east and west would support this.

Site HHH19 is located between existing development to the east and west, giving the potential for ‘infill development that will prevent isolated development and create a neighbourhood area which would meet the aspirations of sustainable development.

Section 2.3, sets out that “Development will respond positively to the environmental context and realise opportunities to boost biodiversity and resilience”. The current land has limited biodiversity value, but, has the potential to enable the provision of biodiversity enhancements and the creation of a green infrastructure which will connect the site to the wider countryside. On this basis, the development of the site for mixed use development would enhance biodiversity in accordance with National policy aspirations and the draft proposals in the Local Plan.

Policy S2 ‘Conservation and Enhancement of the Natural Environment’:- The aspirations of this policy are supported. However, the consideration is inconsistent in relation to site HHH19. It is observed that one of the reasons that site HHH19 is not included for allocation is its perceived proximity to a Site of Special Scientific Interest. However, the following sites are all equidistant or closer in proximity to a Site of Special Scientific Interest around the Hoo Peninsula: - Sites SR14, HHH3, HHH6, HHH4, HHH5, HHH12, SR47, SR48, S459, SR50.

Notwithstanding this point, Site HHH19 provides a wider opportunity to contribute and enhance the natural environment and its networks. The interim Land Availability Assessment for Medway (September 2023) does include an assessment of the site, which recognizes the site does not comprise “Habitats Sites”, Irreplaceable habitat” and was/is therefore capable of delivering 5 or more dwellings and or economic development of over 0.25 ha.

Paragraph 4.6.2:- “Green infrastructure is intrinsic to good development and quality place making”. This statement is supported, however, it is considered that site HHH19 has the potential opportunity to enable site HHH19 to link the wider countryside to deliver this.

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.
The site owner of site HHH19 has confirmed that the site continues to remain available, developable and deliverable. Subject to its inclusion in the Local Plan, the site could become available in the first 5 years of the Local Plan period.
The Glossary of the NPPF defines deliverable and developable as follows:
“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:
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).
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”.
“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”.

Respectfully, the Council’s conclusion that the allocation of HHH19 could lead coalescence between settlements, and which forms a reason for not including it, is misguided. Site HHH19 is located between brownfield sites, that do not form individual settlements and in reality, the allocation of HHH19 as an infill plot has the benefit of enhancing the existing settlement form by better connecting residential and employment uses; whilst also offering biodiversity improvement on the site,
The conclusion drawn by the Council that the site is beyond walking distance to public transport is not agreed with. Indeed, the preapplication response letter from the head of planning and one of his senior planners dated 21 April 2021 identified “This area of land would be an ideal location for such a development given its proximity to the transport network and vehicular connectivity.”; going on to say: “it would be beneficial to now look at a footpath link from Bells Lane along to the proposed business hub site and the nursery.”; whilst a footbridge adjoining the site could also offer potential improved connectivity.
The sustainability appraisal identities that the site has a negative benefit in terms of leisure facilities. However, this conclusion it not considered to be appropriate given that site HHH19 immediately adjoins the Deansgate Leisure centre which is located immediately to the west.

The site proposed for development on Land at Flanders Farm (site HHH19), having already been supported in the Land Allocations Assessments (LAA) document, as a potential site allocation in the Future Medway Local Plan 2040 should be allocated in the forthcoming plan. If not considered to be a residentially led scheme over the whole site, the Council should consider the scheme to be employment led, with the addition on residential development.

Notwithstanding representations already made, if the Council do not consider site HHH19 to be a residentially led scheme over the whole site, the Council should consider site HHH19 to be employment led (having already been supported in the Land Allocations Assessments document) with the provision of potential residential development . Site HHH19 is capable of delivering sustainable development in a location which the Council has identified as having good transport links.

The view that employment development in the countryside will be supported if it does not lead to significant loss of High grade agricultural land should not be so black and white, where development on such land has the potential to better support the operational functionality of a business, co-exist alongside existing infrastructure, better support re-investment programs and provide opportunities or offer other wider benefits.

Again intention to ensure that proposals do not conflict with other policies in the plan should not be so all encompassing, and instead the balance of benefits of any proposal should be weighed against any perceived conflict with other policies.

Whilst the intention to demonstrate "high quality architectural design that enhances and respects the character of the surrounding area" is commendable, this must remain functional and affordable to the requirement.

The requirement that "Developers must provide adequate measures to mitigate any potential impacts to the environment" should be taken in the context of other environmental commitments that rural businesses have; or are already, or, plan on committing too.