Consultations

Chaper 5 – Topic Policies

Section A – Housing

HOU10 Development of Residential Gardens

The uncontrolled loss of residential gardens can lead to a piecemeal and inappropriate pattern or style of development being delivered. This can individually or cumulatively erode openness, disrupt wildlife corridors, and harm the living conditions of neighbouring residents.

Policy HOU10 – Development of residential gardens

Development proposals involving the complete or partial redevelopment of residential garden land will be permitted provided the proposed development complies with the Council’s external space standards as set out in Policy HOU15 and does not result in significant harm to the character of the area including:

1. The surrounding grain and built pattern of development including the prevailing building density, line, frontage width, building orientation, distance from the road, existing plot sizes and visual separation between dwellings;
2. The surrounding built form comprising the scale, massing, height, design and materials of construction of the buildings;
3. The wider landscape and/or the countryside setting;
4.  wildlife corridors and biodiversity habitats;
5. The amenity of adjoining residents.

Chaper 5 – Topic Policies

Section A – Housing

HOU11 Houses of Multiple Occupation

Houses in multiple occupation (HMOs) are properties which are occupied by unrelated households that share one or more facilities such as a bathroom or kitchen. HMOs are an example where a high degree of sharing facilities is typical, where living arrangements, being more intense than single family occupation.

Planning permission is generally not required for a change of use from a dwelling house (Use Class C3) to a Small HMO (Use Class C4), as it is permitted under the General Permitted Development Order (GPDO). Large houses in multiple occupation (those with more than 6 people sharing) are unclassified by the Use Classes Order, and planning permission is required for a change use of from a C3 or C4 to a large house in multiple occupation.

The Council subsequently approved an Article 4 direction so that planning permission would still be required for a change of use from C3 to C4 in specific wards in Ashford (including Beaver Ward).

The problems associated with high concentrations of HMOs have been recognised nationally, by residents and organisations, the press and by the government. The study ‘Evidence Gathering-Housing in Multiple Occupation And Possible Planning Responses’ carried out by Ecotec for the government in 2008 summarise the impacts as including:

• antisocial behaviour, noise and nuisance
• imbalance and unsustainable communities
• negative impacts on physical environment and streetscape
• pressures upon parking provision
• increased crime
• growth in private rented sector at expense of owner-occupier
• pressure upon local community facilities, and
• restructuring of retail, commercial services and recreational facilities to suit the lifestyles of the predominant population.

In Ashford, the principal impacts have been from noise and disturbance, impact on the environment from neglected gardens, litter, overflowing bins, and pressure on parking due to more people living in an HMO than would generally live in the same size house. The principal areas of concern in Ashford, and where the Article 4 direction has been put in place are:

• South Ashford where there has been a concentration of conversion to HMO of three storey properties in Beaver Ward. Some also have the ground floor garage converted into a separate flat. This has resulted in issues of noise, antisocial behaviour and parking pressures.

The following policy sets out the criteria which will be considered when determining applications for new HMOs or when deciding whether the take enforcement action.

Policy HOU11 – Houses in Multiple Occupation

Proposals for Houses in Multiple Occupation (small or large) will only be permitted where the proposed development, taken by itself or in combination with existing HMOs in the vicinity of the site, would not result in an unacceptably harmful impact in respect of any of the following:

1. Residential amenity, caused by increased noise and disturbance;
2. Highway safety, caused by insufficient onsite parking provision thereby resulting in an unacceptable increase in on street parking, or
3. Visual amenity, including that from inappropriate or insufficient arrangements for dustbin storage.

Permissions granted will normally be subject to a condition that restricts the number of occupants allowed to reside at the property as their main residence.

Chaper 5 – Topic Policies

Section A – Housing

HOU12 Residential Space Standards (Internal) (2016 Draft / 2017 Main Changes)

The Government has introduced a set of Nationally Described Space Standards. The national space standards are based upon the areas required to accommodate essential furniture and storage items and the need for the occupants to be able to circulate around them. Good practice would be to exceed these standards where practical in order to provide a good range of accommodation.

(This text was formerly contained under Homes Suitable for family occupation as para 5.98- see HOU13)

The amount of space for cooking, living and eating is not defined in the new standards. The rooms used for those purposes are important areas for families to interact and usually include areas for play, study and storage as well as the basic functions of each of these areas. Although one large room is sometimes provided to accommodate all of these functions in homes designed for one or two people, this is not usually an appropriate layout for family occupation. At least two separate rooms, rather than one large room, should therefore be provided to accommodate cooking, eating and living in homes suitable for family occupation with three or more bedrooms. Provision of a separate room does not necessarily require any increase to the gross internal floor area.

It may, very occasionally, be necessary to make an exception to development meeting the national minimum standards, for example, in the case of the conversion of historic buildings where it may be desirable to maintain important and distinctive characteristics that contribute to the character of the building. However, without strong justification, proposals which do not comply with the standards are unlikely to be acceptable.

Chaper 5 – Topic Policies

Section A – Housing

HOU13/14 Accessible and Adaptable

Policy HOU13 – Homes suitable for family occupation

Policy deleted, requirement moved to Policy HOU12

All new residential development designed for family occupation and having 3 or more bedrooms shall include at least 2 separate rooms to accommodate space for cooking, eating and living.

Policy HOU14 – Accessibility standards

Accessibility in compliance with building regulations part M shall be provided as follows:-

• a. All ‘new build’ homes shall be built in compliance with building regulations part M4 (2) as a minimum standard.
• b. In ‘new build’ properties which are affordable, a proportion of wheelchair accessible homes complying with building regulations part M4 (3b) will be required. The number of homes built to M4 (3b) standards will be dependent upon the number of households on the Council’s housing waiting list requiring wheelchair accessible homes and the suitability of the location for wheelchair users.

Chaper 5 – Topic Policies

Section A – Housing

HOU15 Private external open space

Outdoor private space is highly valued and it is important for both children and adults to have access to some private or at least, semi-private outdoor space for play and relaxation as well as more practical requirements. In the case of non flatted developments, this can most easily be provided in the form of a private enclosed garden. The provision of a garden also makes it easier to provide outside covered storage for items such as bicycles, garden tools, garden furniture and outdoor toys.

In the case of flats, balconies or terraces/roof gardens may take the place of a garden. Easily accessible communal areas may be acceptable but lack the element of privacy, which is important for relaxation. Lack of outdoor private space will therefore only be acceptable if there are particular design features which mitigate against this lack of provision.

Policy HOU15 – Private external open space

Unless drawings indicate alternative provision of private useable external open space, new dwellings, whether created as ‘new build’, subdivision or conversion shall be provided with an area of private open space in accordance with the table below:

Chaper 5 – Topic Policies

Section C – Transport

TRA1 Other strategic projects

Pound Lane Link Road

The broad location of the Pound Lane Link Road is shown on the Policies Map as a new strategic, single-carriageway link road from Pound Lane to the roundabout at the entrance to the Park Farm development. The creation of this link road is critical to the full delivery of the proposed allocation at Court Lodge Farm (policy S3) but will also provide the opportunity for an additional strategic vehicular link for traffic from the Chilmington urban extension (to the west) to the A2070 trunk road and M20 Junction 10/10a.

A28 dualling and Chart Road improvements

The A28 dualling and Chart Road improvement scheme includes changing the A28 into two lanes of traffic each way between the to be improved ‘Tank’ and ‘Matalan’ roundabouts and will also provide for improvements to junctions on to this new strategic corridor. The scheme will cater for the development at Chilmington Green, providing for improved capacity and safety in this area and relieve congestion and journey times.

Ring road junction improvements

In response to various current residential and commercial development proposals within the Town Centre area, a series of improvements to the junctions around the former Ring Road are needed. Kent County Council Highways are current designing these improvements and it is anticipated that developments will make proportionate contributions towards the key junctions either side of the Beaver Road bridge. This will facilitate early release of new developments that are fundamental to the growth and development of the town centre and its attractiveness as a location for new investment.

Policy TRA1 – Strategic Transport Schemes

The Council will seek the implementation of highway and other strategic schemes that will remove serious impediments to growth and/or secure important environmental benefits. These include a new motorway junction (Junction 10a), the Pound Lane link road, the A28 dualling and Chart Road improvements and measures to improve the former Ring Road junctions.

Where development of a site includes part of an identified strategic scheme, land will be reserved for the route of facility as part of the design of the proposal. Proposals which undermine the delivery of a strategic transport scheme will not be supported.

Chaper 5 – Topic Policies

Section C – Transport

TRA2 Public Parking Facilities Serving The Town Centre (2016 Draft / 2017 Main Changes)

The Parking Study (pdf 2MB) that supports this Local Plan set out the need for new town centre parking to partly replace existing car parks and partly to cater for additional demand from new development (some of which relates to development that is subject to extant planning approval). It also explored the merits of a Park and Ride Facility on the outskirts of the town.

The Study highlighted that that the town centre currently has enough vacant car parking spaces to cater for current and future demand. However, this position was caveated in that not all of these spaces are truly available in practice as many were located on the periphery of the town centre in relatively inaccessible locations and therefore it is questionable how attractive these spaces are for short stay users.

In light of the above, the Study recognised that a flexible approach to parking was needed, one which can best respond to development as it comes forward in a way that caters for both the needs of long stay and short stay users.

Elwick Place

Elwick Place will become a significant new retail and leisure destination in the Town Centre through the delivery of a new multi-screen cinema and hotel and a number of new restaurants. A new public car park that will provide for an additional 280 car parking spaces will also be delivered. Not only will this car park cater for the retail and leisure development at Elwick Place, it will also become a key facility that supports growth in the wider town centre and also provide flexibility in the parking stock.

Multi Storey Car Parks

MSCP provision is still seen as an important component of meeting parking needs in the longer term to respond to development coming forward. Although not allocated in this Local Plan, land at Victoria Road close to the pedestrian bridge over the railway lines remains a suitable and practical location for such a facility given its excellent accessibility to the core of the town centre area. Discussions are ongoing with the developers here for such provision to be secured. In addition, policy S1 of this Local Plan identifies land within the Commercial Quarter for the delivery of a new MSCP (of around 400 – 600 spaces), on land largely owned by the Council.

Park and Ride

The Council retains the view considers that Park and Ride is an important component of its longer term parking strategy, particularly to support new office development in the town centre. In light of this, a Park and Ride facility is safeguarded at Chilmington Green through the Chilmington Green Area Action Plan (not superseded by this Local Plan) and at the Warren, and will continue to be reserved until it is decided that the facility is no longer required.

In the medium to longer term, it is anticipated that the new office sector in the town centre will thrive and in doing so become a less risky and more desirable investment for the market. In such circumstances, the values secured through the delivery of office accommodation in the town centre will rise substantially and this will result in Park and Ride becoming a more desirable and cost effective option of securing parking space to support new development. In turn this will drive demand and patronage that would financially underpin the operation of a Park & Ride service.

Policy TRA2 – Strategic Public Parking Facilities

The Council will prioritise the delivery of two new multi-storey public car parks, one of which will have an indicative capacity of 300 spaces, and at the other with an indicative capacity of 400 – 600 spaces four strategic public parking facilities by 2030 in the form of:

two multi-storey car parks, at Victoria Road (indicative capacity 300 spaces) and at the Commercial Quarter (indicative capacity 400 – 600 spaces); and,
two Park and Ride facilities at Chilmington Green and at the Warren (indicative capacity 800 spaces).
Proposals which would prejudice the ability to deliver these facilities on a viable basis will be refused unless it has been agreed with the Borough Council that the facility is either no longer required or the alternative provision of the same amount of parking spaces can be delivered in a suitable location.

Chaper 5 – Topic Policies

Section C – Transport

TRA3 Residential and Non-residential Parking Standards (2016 Draft / 2017 Main Changes)

Residential

A single approach to the provision of car parking is not appropriate for all developments coming forward across the borough during the plan period. This ‘zonal’ approach to parking standards has been part of the Council’s approach for a number of years since the Residential Parking and Design Guidance SPD (2010) was first produced.

The approach taken in this SPD has proved useful, robust and clear for all parties and has helped to deliver adequate parking spaces to support development in a way that delivers better quality places and environments which is a key aspiration of the Local Plan. The Council have revisited the standards in the SPD and revised them slightly in the ‘suburban’ and ‘rural’ areas by promoting slightly higher minimum parking standards for certain types of residential uses.

For the town centre area (as identified under policy SP4) – and within the central areas of larger developments – a more significant change is now proposed. Here the Local Plan now advocates a minimum parking standard of 1 space per residential unit. This standard takes account of local circumstances including car ownership data (and future assumptions), historic problems of insufficient parking facilities in central areas and ensures that sufficient parking spaces are delivered to support development in this location.

Non-residential

For non-residential development the Council has, in common with other Local Planning Authorities in Kent, relied on the advice of Kent County Council and the maximum standards contained in KCC SPG4. These standards have generally proved appropriate for this borough. However, local instances of residential areas being used as overflow car parks for adjoining employment uses are of concern.

To ensure the delivery of maximum parking provision in new non-residential developments in the borough over the Plan period, and to reduce opportunities for commercial developments to deliver fewer spaces than the maximum, Policy TRA3(b) brings forward the sets the maximum standard of SPG4 as the minimum standard for non-residential development in the borough (ie neither a maximum or a minimum). Controlled Parking Zones are also supported as an option for the Council to address specific problems with overspill commercial car parking into residential areas should these occur.

Policy TRA3 (a) – Parking Standards for Residential Development

Proposals for residential development within the town centre area identified on the Policies Map or within ‘central areas’ of larger developments shall deliver a minimum parking standard of 1 space per residential unit on average. It is expected that all of this provision should be delivered on-site.

Proposals for residential development elsewhere shall achieve the following minimum parking standards:

Parking to support residential development within the Borough shall follow the design, layout and accessibility guidance contained within the Council’s Residential Parking SPD.

Policy TRA3 (b) – Parking Standards for Non Residential Development

Proposals for non-residential developments within the Borough shall provide parking facilities to the following parking standards:

*These use classes are also required to deliver 1 space per 2 staff in addition to the standard set out above.

All floorspace references in this table refer to gross external floorspace.

In exceptional cases, the Council may require proposals to depart from the standards in policies TRA3 (a) or TRA3 (b) if any of the following apply:-

• A bespoke parking standard is included as part of site specific policy within this Local Plan that seeks to take into account specific local circumstances in that area;
• In order to take account of specific local circumstances that may require a higher or lower level of parking provision, including as a result of the development site’s accessibility to public transport, shops and services, highway safety concerns and local on-street parking problems;
• Where an operator or potential occupier requires either more or less parking spaces to cater for their specific operational needs, such requirements can be clearly evidenced and where their presence has wider planning benefits,
• Where the proposed use can reasonably rely on the availability of public off-street car parking spaces that are nearby;
• To ensure the successful restoration, refurbishment and re-use of listed buildings or buildings affecting the character of a conservation area;
• To allow the appropriate re-use of the upper floors of buildings in town centres or above shop units;
• Should independently verified viability evidence demonstrate that achieving the minimum parking standard identified would render the scheme unviable and that there are overriding planning benefits to justify that the development should proceed.

Where appropriate, the Council will pursue the use of Controlled Parking Zones (CPZs) to support the wider strategy for the management of on-street parking, in line with the approach outlined in this policy.

Chaper 5 – Topic Policies

Section C – Transport

TRA6 Cycling (2016 Draft / 2017 Main Changes)

The Council is committed to increasing cycle usage in the borough as a sustainable means of transport that also contributes to healthier lifestyles.

Ashford has a well developed network of cycleways that run through the town that have been delivered over recent years many of which link to the quiet rural lanes around the town and in the rest of the borough that are suitable for cycling. In addition, sections of off-road cycleway have been provided in the rural area, notably at Godmersham to Chilham and in Tenterden. Recent monitoring indicates that the use of the routes for cycling in the Ashford urban area has increased significantly, particularly as a means to access the domestic and international railway stations.

The network has been delivered principally via the following means:

• National Cycle Route 18 has been designated and runs through the urban area and links with the wider county wide strategic cycleway network and National Cycle Route 17 (the Pilgrims Way Cycle Trail) provides a strategic link to Eureka Park.
• The green corridor network in the urban area provides a comprehensive, primarily riverside, set of cycleway routes that converge in the town centre and provide a direct access to the railway stations. The long-standing green corridor policy has helped to deliver improvements to the cycleway network through the delivery of specific green corridor projects and via the requirement that developments adjoining the green corridor being required to make a contribution to improvements within the green corridor;
• The Council’s Cycling Strategy [pdf 10MB] was approved in 2011 and sets out a series of network improvements projects to be delivered over the lifetime of the Strategy. the Council is committed to reviewing and revising that Strategy;
• New developments have been required to deliver cycleways within the development areas and to make links to the wider network in the town;
• Substantial improved cycle parking provision has been provided at the Ashford domestic railway station

KCC recently consulted on its Active Travel Plan, which sought to promote journeys by bicycle Kent along hospitable routes, noting the potential of these routes to stimulate journeys by bicycle as opposed to by the private car, and for leisure uses, promoting Active Travel. ABC supports this approach and any opportunities to enhance and regularise cycle connections.

Policy TRA6 – Provision for Cycling

The Council will seek to improve conditions for cyclists through the following measures:-

• Promoting and developing a Borough-wide network of cycle routes;
• Developments should, where opportunities arise, include safe, convenient and attractively designed cycle routes, including, where possible, connection to the Borough-wide cycle network.
• Promoting and providing cycle parking facilities in town centres, at railway stations and at major public buildings, and requiring new development to provide cycle parking facilities in agreement with the Council;
• Taking opportunities to consider active travel when designing new routes and establishing connections with existing routes, encouraging journeys by bicycle

Cycle Parking shall be provided at a minimum as per the follow:

Chaper 5 – Topic Policies

Section C – Transport

TRA7 Impact on the local road network

Policy TRA7 – The Road Network and Development

Developments that would generate significant traffic movements must be well related to the primary and secondary road network and this should have adequate capacity to accommodate the development. New accesses and intensified use of existing accesses onto the primary or secondary road network will not be permitted if a materially risk of road traffic accidents or significant traffic delays would be likely to result.

In rural area, proposals which would generate levels and types of traffic movements, including heavy goods vehicle traffic, beyond that which the rural roads could reasonably accommodate in terms of capacity and road safety will not be permitted.