Members noted that planning permission had been refused and subsequently dismissed on appeal for the retention of a replacement dwelling including a basement double garage and a 2.5m high boundary wall at Four Winds, Farley Common, Westerham. It was noted that the matter was previously presented to Committee on 10 March 2011, when Members authorised the service of an Enforcement Notice. Following receipt of further advice, the measures seeking the complete removal of the brick boundary wall were considered unreasonable, as the owner could erect a brick wall up to 2m in height without the benefit of planning permission.

The Committee considered the expediency of enforcement action to the basement garage and to require the reduction in height of the brick wall to a height not exceeding 2m in height.

Officers stated that they found that the basement garage/store, the associated access ramp and retaining walls and brick boundary represented inappropriate development harmful to the maintenance of the Green Belt and its openness. The works also adversely affected the visual amenities of the Green Belt and this part of the Area of Outstanding Natural Beauty.

Following questions, Officers reminded Members that although the only aspect of the enforcement application to change was the wall, Members still had to consider the matter in full.

A Member believed that the height of the wall would be little over 2m, if at all, on the side of the property, that enforcement would be disproportionate and that enforcement could cause significant damage to the property.

Officers explained that the options in the recommendation would provide Officers with flexibility over how enforcement took place.

Resolved:       That authority is to serve an Enforcement Notice, subject to the Head of Legal and Democratic Services agreeing the wording of the terms of the Notice, requiring:

(a)       the reduction in the height of the brick boundary wall along the eastern boundary to a height not exceeding 2m above ground level.

(b)       the back filling of the basement garage structure with inert material and permanent closure of any internal access and permanent cessation of uses within the garage.

(c)        the breaking up and removal of the retaining walls adjacent to the access ramp to the garage and;

(i)         The restoration of the original ground levels to the front north-eastern corner of the site, or;

(ii)        The restoration of the original ground levels incorporating the approved parking layout under ref: SE/07/03532/FUL and SE/08/01003/DETAIL, or;

(iii)       The implementation of an alternative scheme of restoring this part of the site to include a car parking layout, (i.e. not at the original ground level), details of which shall first have been submitted to and approved in writing by the District Planning Authority.  Such details to include cross sections (both north-south and east-west), to show the original and proposed levels.

For the following reasons:

1          The land lies within the Metropolitan Green Belt where strict policies of restraint apply.  The developments comprising the retention of a 2.5m high wall and basement garage with access ramps, add to the built form on the land to a degree that is harmful to the character and appearance of the area.  This conflicts with PPG2 (Green Belts) and policy H13 of the Sevenoaks District Local Plan.

2          The land lies within an Area of Outstanding Natural Beauty.  The developments comprising the boundary wall and basement garage with access ramps, detract from the character and appearance of that area.  This conflicts with policy L08 of the Sevenoaks District Council’s Core Strategy Development Plan Document.

Compliance period:  Six months