Resolved that application 20220659 be APPROVED subject to conditions and informatives as set out in the report.

The Committee considered planning application 20220659 in relation to St Peter And St Paul’s Church, East Milton Road, Gravesend.  The application was for repairs to the flint faced boundary wall along East Milton Road, new section of retaining wall and installation of 1220mm high railings.

The Senior Planner informed the Committee that the proposal would provide much needed repair works to an already collapsed section of the flint boundary wall along East Milton Road and prevent further collapse.. The section of wall would be rebuilt as a retaining wall and would be faced with re-used flints and if any shortfall, flints to match the existing ones would be sourced and used. It was therefore considered that the rebuilt wall would be a solid and sympathetic alteration which would reinstate the wall and protect its future.

The proposed railings which would provide protection to users of the churchyard given the differences in land levels between the church and pavement and would be a sympathetic addition to the wall. Overall, it was considered that the proposal would protect the setting of this grade II* listed building and would not cause any harm.  Due to the proposed excavation of a section of the churchyard behind the section of wall to be rebuilt, in order to construct the retaining wall and its reinstatement, no development will take place until an archaeological watching brief has been undertaken and approved by the Local Planning Authority which will be secure by condition. On that basis, the Officer’s recommendation was for permission.

The Committee was invited to ask questions for clarification. 

Members agreed that the repair work was much needed, to restore the heritage of the wall and for the safety of passers-by.

Resolved that the application be PERMITTED subject to the following conditions and informatives:

1.    The development hereby approved shall be begun not later than 3 years following the date of this decision.

Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990, as

amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.   The development hereby permitted shall be carried out in accordance with the following schedule of approved plans:

·         Application form;

·         Drawing no. 5256/GA/200 Rev. B – Existing Site & Block Plan;

·         Drawing no. 5256/GA/201 Rev. B – Existing Plan of boundary wall

·         Drawing no. 5256/GA/202 Rev. A – Existing Long Elevations;

·         Drawing no. 5256/GA/203 – Existing Section for Front of Retaining Wall

·         Drawing no. 5256/GA/210 – Proposed Block Plan;

·         Drawing no. 5256/GA/211 Rev. C – Proposed plan and elevation of the retaining

wall section;

·         Drawing no. 5256/GA/212 Rev. B – Proposed plan and elevation of the retaining

wall section;

·         Drawing no. 5256/GA/213 Rev. C – Proposed Section for Front of retaining wall

and railings;

·         Drawing no. 5256/GA/214 Rev. A – Proposed Long and Short Elevations;

·         Drawing Issue Sheet;

·         Statement of Significance; and

·         Design & Access Statement.

Reason: For the avoidance of doubt and in the interests of proper planning.

1.    No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that groundworks are observed and items of interest and finds are recorded. The watching brief shall be in accordance with a Written Scheme of Investigation, which has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that features of archaeological interest are properly examined and recorded in accordance with section 16 of the National Planning Policy Framework (2021).

2.    The re-built section of wall as approved shall be faced with re-used knapped flint from the existing wall and in the event there should be any shortfall, then knapped flint to match the existing flints shall be used.

Reason: In order to protect the setting of this grade II* listed building in accordance with Policies CS19 and CS20 of the Gravesham Local Plan Core Strategy (2014), saved Policy TC2 of the Gravesham Local Plan First Review (1994) and section 16 of the National Planning Policy Framework (2021).

3.    Prior to the installation of the railings, drawings to a scale of 1:20 of a typical section of the railings including 1:5 finial details and details of the colour and finish of the railings shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: In order to protect the setting of this grade II* listed building in accordance with Policies CS19 and CS20 of the Gravesham Local Plan Core Strategy (2014), saved Policy TC2 of the Gravesham Local Plan First Review (1994) and section 16 of the National Planning Policy Framework (2021).with saved Policy TC7 of the Gravesham Local Plan First Review (1994).

INFORMATIVES:-

1      REASON FOR IMPOSITION OF PRE-COMMENCEMENT CONDITIONS

Pursuant to Articles 35 (1) and (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority is satisfied that the requirements of condition 3 (including the timing of compliance) are so fundamental to the development permitted that such details must be submitted prior to the works commencing on site.

Due to the importance attached to these details, it is reasonable and necessary to seek full approval in advance of works commencing. The applicant has agreed in writing on 16 September 2022 to the pre-commencement condition.

2      DEVIATION FROM APPROVED PLANS

It is possible that any proposed deviation from the approved plans could be classed as a ‘material’ change requiring a further application/permission. In the event that any change is proposed, applicants are advised to seek advice from the Local Planning Authority [as proceeding without the necessary permissions could nullify this permission].

3      BUILDING REGULATIONS AND PARTY WALL ACT

This decision DOES NOT imply any consent which may be required under the Building Regulations or under any other enactment or provision. Nor does it override any private rights which any person may have relating to the land affected by this decision, including the provisions of the Party Wall etc. Act 1996.

4    KENT COUNTY COUNCIL HIGHWAYS AND TRANSPORTATION

It is the responsibility of the applicant to ensure, before the development hereby approved is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority.

Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called 'highway land'. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have 'highway rights' over the topsoil.

Information about how to clarify the highway boundary can be found at

https://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land/highway-boundaryenquirie

The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.

      (The Committee took a break at 8:34pm and reconvened at 8:39pm)