Agenda item

20220965 - Land Between 29 and 31 The Street


Resolved that application 20220965 be REFUSED as per grounds set out in the report


The Committee considered application 20220965 - Land Between 29 and 31 The Street.  The application was for the demolition of the existing garage and erection of a detached 3-bed dwelling with associated parking, amenity space and landscaping.  The current site comprised of a detached garage, located to the front and was bounded by brick walls and fencing. To the rear of the garage the site was significantly overgrown. The plot of land was located within the Shorne Conservation Area.


The Planning Officer highlighted that there had been previous applications for this site with the most recent application being refused on appeal.  The previous application had been refused due to the proposed design offering a cramped form of development that would have been out of keeping with the character of the area and would have been harmful to the outlook of neighbouring properties.  The Planning Officer advised that prior to the submission of the current application, the applicant had not engaged with the Planning department at Gravesham and no pre-planning application was submitted.


The Planning Officer informed Members that the proposed development would result in the delivery of 1 additional new home in Gravesham, so would offer a minimal contribution towards meeting the Borough’s local housing need.


The Planning Officer advised the Committee that there was no broad objection to the principle of a residential development on this site. However, as laid out in the report, there were concerns with this proposal which related to the scale and massing of the proposed development, due to the narrow width of the plot. The proposal would result in a cramped form of development which would have an adverse impact upon the character and appearance of the Shorne Conservation Area.


The loss of outlook that would be experienced from the property at No. 31 The Street provided a further indicator that the proposed new dwelling would result in a cramped form of development. In addition, and for the reasons set out in this report, it was considered that there would be an adverse impact to the Thames Estuary and Marshes Ramsar Buffer Zone. The absence of strategic mitigation measures in relation to this issue gave further reason for refusal in relation to this application. Overall, it was considered that this current proposal had not overcome the previous reasons for refusal and was therefore recommended for refusal.


The Committee were invited to ask questions for clarification. 


The Chair queried why there had been no engagement from the applicant with no pre-application submitted prior to the planning application.  The Planning Officer advised that the Planning office always encouraged a pre-planning application, especially in cases where a previous application had been refused.  The Officer was unable to say why the applicant had chosen not to engage in this way.


The Committee heard the views of the registered speakers against the application and had their questions answered:


·       Concern had been raised by the public speakers regarding highway safety issues the proposed development could cause.  Members queried why the report only had input from GBC Highways Officer and not KCC Highways.  The Planning Officer advised that KCC were only consulted when the development was of a larger scale. 


·       Shorne Parish Council had also received no engagement from the applicant prior to the application being presented.



The Chair informed Members that the Ward Councillor Bob Lane was not present for the meeting but wished to express his views as Ward Councillor.  The Service Manager (Planning) was invited by the Chair to read a statement from Ward Councillor Bob Lane.


Following discussion, the Committee raised the following points:


·       Following on from the registered speakers concern regarding the proposed development being built over drains and the overall accuracy of measurements on the plans, Members asked for the Planning Officer’s feedback.  The Planning Officer responded by informing the Committee that any concerns regarding footings and drainage would fall under the remit of Building Control.  The Planning Officer continued and clarified that the Planning Office only assess plans put forward by an applicant and deemed the plans to be valid and to scale.

·       It was agreed that there was no objection to the principle of residential development on the site, however the proposed development was not considered acceptable.  It was noted that had a pre-application been sought prior to submission of the planning application before Planning Committee, a more suitable proposal may had been presented.

·       Members praised the Planning Officer for an excellent report.



Resolved that application 20220965 be REFUSED for the following reasons:


1.         The proposed development, by virtue of its scale, massing and siting, would provide       a cramped form of development on this plot that would be out of keeping with the

character of development within this locality and would be harmful to the outlook of

neighbouring properties. For these reasons the development would also be harmful        to the character of the Shorne Conservation Area. As such the proposed                              development would be contrary to Policies CS19 and CS20 of the Gravesham Local Plan Core Strategy (2014), Saved Policy TC3 of the Gravesham Local Plan First                 Review (1994), as well as Section 12 of the National Planning Policy Framework                         (2021) and the Shorne Conservation Area Appraisal SDP (2017).


2.         The proposal fails to secure a contribution towards strategic mitigation measures                       within Special Protection Areas. In the absence of such contributions the                              development fails to comply with the requirements of the Habitat Regulations and             Section 15 of the National Planning Policy Framework (2021) and Policies CS10 and             CS12 of the Gravesham Local Plan Core Strategy (2014).






In accordance with Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended), and paragraph 38 of the National Planning Policy Framework (NPPF) 2021, the Local Planning Authority has approached the assessment and determination of this application in a positive and creative way and, where appropriate, has worked pro-actively with the applicant to secure a development that is sustainable and that improves the economic, social and environmental conditions of the area, and that is in accordance with the Development Plan for the area.


In this instance pre-application advice was not sought and the proposal as submitted is contrary to local and national planning policy and cannot be supported.




For the avoidance of doubt, the forms, plans and documents upon which this decision is made



• Planning Application Form;

• Planning and Heritage Statement (August 2022);

• Drawing No. 001 Rev A – Site Layout;

• Drawing No. 002 Rev A – Existing and Proposed Site Layouts;

• Drawing No. 003 Rev A – Proposed Plans and Elevations; and

• Drawing No. 004 Rev A – Proposed Street View


Note: Carole Kennerly (Resident), Susan Lindley (Parish Councillor for Shorne) and Jason Connor (Resident) spoke in favour of the application


Supporting documents: