Medway Local Plan (Regulation 18, 2024)

We are writing on behalf of our client, Kitesfield Estates Limited, in respect of the Medway Local Plan (Regulation 18, 2024) consultation and its supporting background documents.

Our client continues to promote 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 referred to as site ‘HHH41’ for inclusion in the future Medway Local Plan (MLP).

The Depot site has not previously been included or identified in the Land Allocations Assessment (LAA) for Medway; it was submitted as an omission site during the ‘Regulation 18 consultation – Setting the direction for Medway 2040’ consultation held in September 2023. This was the first Regulation 18 consultation stage of the Local Plan creation and requested feedback on the vision and priorities for Medway's future growth.

Following the submission of The Depot site, it has been given the reference number HHH41 (See Figure 1) and has now been included in the LAA for Medway and assessed in the Interim Sustainability Appraisal, which forms an appendix for the current Regulation 18 Consultation.

Figure 1: Extract from Policies Map Northwest identifying The Depot Site (sent separately)

In the current consultation documentation, the site has been identified as suitable for a residential led scheme, with an indicative capacity of 25 units. The site is included in the grouping of sites identified as ‘reasonable alternative non-strategic sites’.

This consultation response provides feedback on both the main Regulation 18 documents and its background documents, specifically the Sustainability Appraisal and the Viability Assessment. A Development Framework plan is also provided to support this representation. This provides an indicative layout for the site and considers the relationship of the site with the neighbouring sites, including those being considered at planning application stage and those which have been submitted for consideration in the Local Plan.

In summary, full support of the inclusion of the Depot Site, HHH41 in the future Medway Local Plan is provided by this representation.

HHH41: 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 Ratcliffe Highway which would be suitable for a highways compliant access to serve the residential scheme proposed on this site. The site comprises hard standing and several buildings which serve the current business uses. A further review of Google Earth’s historic mapping, identifies that the site has a history of commercial vehicle use as far back as the 1960s.

The site is located adjoining the Ratcliffe Highway to the north and on this boundary, it is screened by a band of hedging and vegetation. 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 .

The eastern boundary extends to the access drive with the properties known as River View and Mill View Cottages located on opposing sides. 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.

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.

Response to the Regulation 18 consultation 2024

The current Regulation 18 consultation 2024 provides the opportunity to comment on the emerging Local Plan, it sets out the proposed vision and strategic objectives for the plan, a range of policy areas, including the environment, economy, transport, housing, services and retail. It also sets out a proposed Policies Map that reflects the indicative preferred development strategy. However, it does not contain detailed site policies at this stage.

The results of this consultation will inform the final draft plan, due for publication in early 2025, which will include the detailed site policies.

This representation supports the inclusion of The Depot, Ratcliffe Highway site, HHH41, for inclusion in the future Local Plan for Medway and provides detailed feedback on individual paragraph numbers and policies as follows:
• Paragraph 1.2.2:- 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 HHH41, and its neighbouring sites, will provide a safe, connected and sustainable place to live and work in this part of the Hoo Peninsula.
• 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’.
• Paragraph 1.2.9:- The Plan will consider how Medway's infrastructure, such as schools, transport networks, health facilities, parks and community facilities, need to be upgraded in line with a growing and changing population. Site HHH41 is considered to be a well-located site, that will provide its future occupiers with access to facilities required for each stage of their lives. Furthermore, its location adjoining other sites provides the opportunity for economies of scale for infrastructure investment for an increasing population.

The aspirations of the Spatial Development Strategy for Medway are supported, specifically, “Outside of the urban regeneration areas, the Council will support the expansion of identified suburban neighbourhoods and villages, where the principles of sustainable development can be met, and where unacceptable impacts on infrastructure and the environment can be avoided”.
Site HHH41 forms part of a grouping of sites to the west of Hoo St Werburgh, which have been identified as suitable for residential development. Although the individual land parcels are under different ownership and could be delivered individually, these sites, when developed together, will prevent isolated development and create a new 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 HHH41 site is a brownfield site which has limited biodiversity value. The opportunity to redevelop the site will enable the provision of biodiversity enhancements and the creation of a green infrastructure which will connect the site to adjoining sites and the wider countryside. On this basis, the redevelopment of the site for residential uses would enhance biodiversity in accordance with National policy aspirations and the draft proposals in the Local Plan.

Section 3 ‘Spatial Growth Options’:- The choice of the preferred option ‘SGO 3’ is supported. This option blends regeneration and greenfield development, specifically with a 'brownfield first' focus. Site HHH41 is a brownfield site, that would meet the aspiration of this growth option. The redevelopment of the site would provide a better outlook and amenity for its current neighbours, and as previously stated would enable an increase in biodiversity and habitats on the site.

Paragraph 3.1.5:- In considering options for sustainable development in Medway, the Council has sought to direct growth to brownfield sites first. This seeks to make use of previously developed land, and secure investment in regeneration. This position is supported. However, this regeneration agenda, which has been integral to Medway's change and growth in recent years, has focused on the evolution of town centres first. Future regeneration should not lose sight of sites that do not fall within the traditional Medway conurbation towns if there are also brownfield sites that would support the ‘brownfield first’ approach in the rural area.

Policy S2 ‘Conservation and Enhancement of the Natural Environment’:- The aspirations of this policy are supported. The redevelopment of The Depot site provides an opportunity to contribute and enhance the natural environment and its networks in accordance with the policy wording. As set out in the response to section 2.3, the HHH41 site only has limited biodiversity value at the current time, and the redevelopment of the site provides an opportunity for positive biodiversity and habitat improvement.

Paragraph 4.6.2:- “Green infrastructure is intrinsic to good development and quality place making”. This statement is supported, with site HHH41 providing a potential opportunity to enable the site to link with adjoining sites and the countryside.

Policy DM2 ‘Contaminated Land’:- Although a policy which sets out the requirement for remediation of contaminated land prior to development is understood and accepted, the policy should be worded to advise that contamination assessments would only be required at the detailed planning or reserved matters stages of a planning application. This would ensure that any proposals for outline consent are not prevented from coming forward due to viability constraints and planning application costs. Amended policy wording is suggested as follows:
“…Investigations and assessments of all sites situated on, or in close proximity, to potentially contaminated land will be required in conjunction with relevant detailed development proposals. This will identify potential risks to human health and the environment and where relevant, inform remedial measures and future monitoring to mitigate and monitor the risk”.

Policy T1: Promoting High Quality Design. A policy to support design proposals is supported. However, a policy that has been drafted as a ‘catch-all’ to respond to every eventuality is considered to provide a risk of making some schemes unviable. It specifically does not respond well to different sized schemes, for example, as drafted the policy requires all schemes to provide public art, which would not normally be expected of smaller sites.
A further example is that the following criteria is considered to be unnecessary when all development is required to be ‘sustainable’ by preceding strategic policies. The criteria itself is also not quantifiable- “There is demonstration of provision and/or access to essential services and facilities sufficient to support existing and new growth”.
It is considered that the 21 criteria within the policy could easily be streamlined, and the policy would not be any less impactful. This is especially the case when there is a further Housing Design policy, set out at Policy DM5 (discussed further below).