The Chairman noted two Planning Officers were unavailable because they were unwell. She thanked those who were filling-in.

The Committee considered the following planning applications:

5.01 - SE/11/02351/FUL:  25 Camden Road, Sevenoaks  TN13 3LU

The proposal sought to demolish the existing garage at the application site and construct a two storey side and rear extension to the existing dwelling, a two storey side extension and a single storey rear extension.

Officers commented that there were windows in the front (north) and rear (south) elevations of 23 Camden Road at the basement, ground floor and first floor levels.  As the front elevations would be unaffected it was felt Members should not refuse on grounds of a loss of daylight provision.

Officers considered that the development would respect the context of the site and would not have an unacceptable impact on the street scene. Any potentially significant impact on the amenities of nearby dwellings could be satisfactorily mitigated by way of the conditions recommended.

Members’ attention was drawn to further submissions from the Applicant in the tabled Late Observations sheet and Officers’ comments on them.

It was noted that a Members’ Site Inspection had been held for this application.

The Committee was addressed by the following speakers:

            Against the Application:       Anna Du Prey

            For the Application:              -

            Parish Representative:         Cllr. Hogarth

            Local Member:                      -

A Member asked whether Officers had relative measurements for light from the south and north windows. Officers confirmed they did not but the property could be seen through and windows on the north and south sides were of equal size.

Several Members were concerned that the proposal would have a significant impact upon the daylight provision at 23 Camden Road in habitable rooms. They considered that the assessment in the Officers report of loss of daylight to 23 Camden Road gave insufficient weight to the failure of the proposal against the 45 degree test  The impact was particularly significant because the affected light to the ground floor and basement was from the south and also the natural light to the basement was already limited. A Member suggested that a condition be added for the side elevation of the extension to be white in order to help reflect light towards 23 Camden Road.

Members noted the comments of the neighbour and Town Council representative that there had already been extensions to the property and the proposal could be considered an overdevelopment of the application site. It would be out of keeping with some parts of the road.

It was MOVED and duly seconded that the recommendation in the report be adopted.

A Members proposed an amendment that a condition be added that the materials for the side elevation of the extension be submitted to and approved by the Council, with an informative to be added that a white rendering was to be expected. This amendment was accepted by the mover and seconder of the original motion.

The motion, as amended, was put to the vote and there voted –

6 votes in favour of the motion

7 votes against the motion

The Chairman declared the motion to be LOST.

It was then MOVED by Cllr. Dickins and was duly seconded:

            “That planning permission be REFUSED for the following reason:

The proposed extensions would result in a loss of amenity to residents of the adjoining property no 23 Camden Road by reason of loss of light to rear south facing windows contrary to Policy EN1 of the Sevenoaks District Local Plan.

The proposed extensions by reason of their scale and bulk would represent an overdevelopment of the application site to the detriment of visual amenity contrary to Policy SP1 of the Sevenoaks District Core Strategy and Policy EN1 of the Sevenoaks District Local Plan.

The motion was put to the vote and there voted –

            8 votes in favour of the motion

            6 vote against the motion

            Resolved:       That planning permission be REFUSED for the following reason:

The proposed extensions would result in a loss of amenity to residents of the adjoining property no 23 Camden Road by reason of loss of light to rear south facing windows contrary to Policy EN1 of the Sevenoaks District Local Plan.

The proposed extensions by reason of their scale and bulk would represent an overdevelopment of the application site to the detriment of visual amenity contrary to Policy SP1 of the Sevenoaks District Core Strategy and Policy EN1 of the Sevenoaks District Local Plan.

5.02 - SE/11/02590/FUL: 3 Coombe Road, Otford TN14 5RJ

The proposal was for the creation of a loft conversion with rooflights to the front, side and rear. It would erect a part two storey and part single storey rear extension.  There would also be internal alterations. The application was in the confines of Otford and an Area of Outstanding Natural Beauty.

Officers stated that the proposal was not thought to have a negative impact on the character of the dwelling or of the streetscene. Although there was a potential for loss of privacy to the neighbouring dwellings this could be mitigated by way of condition.  There would not be a loss of light and outlook as a result of the proposal. It was clarified that the site was within the Area of Outstanding Natural Beauty but that the impact on the AONB would be minimal.

Members’ attention was drawn to the tabled Late Observations sheet.

The Committee was addressed by the following speakers:

            Against the Application:       Evelyn Hubner

            For the Application:              Mark Sumner

            Parish Representative:         Martin Whitehead

            Local Member:                      Cllr. Edwards-Winser

Officers confirmed the parking space provided could allow parking for 4 vehicles. Although not adopted by Sevenoaks District Council, the Kent County Council Interim Guidance Note stated the minimum for a house this size was 2.

Members noted the comments from the Parish Council representative that the development would be covered by the Otford Village Design Statement and this limited the total of extensions to 50% on top of the “original” building. Officers reminded Members that the Design Statement preceded the adoption of the Sevenoaks District Core Strategy; applications should not be considered just on size, but design also. Officers were unable to confirm the total floorspace of extensions on top of the “original” building.

A Member moved and it was duly seconded, that the report be deferred until Officers had commented fully on the application regarding the Area of Outstanding Natural Beauty and the Otford Village Design Statement.

The motion was put to the vote and there voted –

7 votes in favour of the motion

7 votes against the motion

In accordance with paragraph 24.2 of Part 2 in the Council’s Constitution, the Chairman used her casting vote against the motion. The Chairman declared the motion to be LOST.

It was MOVED and was duly seconded that the recommendation in the report be adopted. The motion was put to the vote and there voted –

9 votes in favour of the motion

2 votes against the motion

Cllrs. Mrs. Parkin, Piper and Walshe abstained from the vote.

Resolved:       That planning permission be GRANTED subject to the following conditions:-

1)         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

In pursuance of section 91 of the Town and Country Planning Act 1990.

2)         The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used on the existing building.

To ensure that the appearance of the development is in harmony with the existing character of the dwelling as supported by Policy EN1 of the Sevenoaks District Local Plan.

3)         The proposal will be carried out in accordance with the following plans; 9076/005 Rev A, 9076/0006. REV A, 9076/018 REV A, 9076014 REV A, 9076/017 REV A, 9076/003 REV A, 9076/009 REV A, 9076/016 REV A, 9076/007 REV A, 9076/001 REV A, 9076/002 REV A, 9076/011 REV A, 9076/012 REV A, 9076/013 REV A, 9076/019 REV A, 9076/015 REV A, 9076/008 REV A, 9076/020 REV A

In the interests of proper plans.

4)         No window(s) or other opening(s) shall be inserted at any time in the side elevation(s) of the extension hereby approved, despite the provisions of any Development Order.

To safeguard the privacy of residents as supported by Policy EN1 of the Sevenoaks District Local Plan.

5)         The windows on both side elevations of the extension hereby approved shall be fixed shut and obscure glazed.

To safeguard the privacy of residents as supported by Policy EN1 of the Sevenoaks District Local Plan.

5.03 - SE/11/02120/CONVAR:  Land South West Of, Déjà Vu Nightclub , London Road Swanley Kent

The proposal was for consent for the permanent use of the land for a gypsy and traveller caravan site including the amenity buildings or to vary condition 1 of planning permission SE/07/03543 to extend the existing temporary time period.  The proposed scheme would provide three static mobile homes and 2 touring caravans with two amenity buildings. The application site was inside the Green Belt and outside the Swanley urban confines.

Officers considered very special circumstances exceptionally outweighed any harm by reason of inappropriateness and any additional harm to the Metropolitan Green Belt. These were that: the applicants were considered Gypsies; there was a clear and immediate need for appropriate accommodation within Sevenoaks District and a backlog of unmet need as established by the Gypsy and Traveller Accommodation Assessment; and a temporary permission would not result in a permanent adverse impact on the openness and character of the Green Belt.

The Committee was addressed by the following speakers:

            Against the Application:       -

            For the Application:              Teresa Nolan

            Parish Representative:         -

            Local Member:                      Cllr. Fittock

In response to questions Officers further stated that this approach would be consistent with that adopted in some other cases where the gypsy status of the applicant had been established, including Station Court, Halstead (SE/11/01510/FUL) considered at the previous September committee. Conditions included would restrict not only the time period of the consent but also the occupants on site and the numbers of caravans.

It was MOVED and was duly seconded that the recommendation in the report be adopted. The motion was put to the vote and there voted –

11 votes in favour of the motion

0 votes against the motion

Resolved:       That planning permission be GRANTED subject to the following conditions:-

1)         This planning permission is granted for a temporary period of three years only, from the date of this permission. By the date this permission expires, all caravans, utility building, structures, hardstanding, materials and equipment brought on to the land in connection with the use hereby approved, shall be removed and the site shall be restored to its previous condition, or restored in accordance with a scheme that has been submitted to and approved in writing by the Council.

In order that any other proposal for the use of the land for a longer period is the subject of a separate application, to be determined on its merits, having regard to the harm to the Green Belt, the status of the Local Development Framework and the allocation of sites for Gypsies and Travellers.

2)         The occupation of the site hereby permitted shall be carried on only by Mrs E O'Donahue and her dependants, Mrs T B Nolan and her dependants and Mrs J Casey and her dependants and whilst they comply with the definition of gypsies and travellers set out in paragraph 15 of ODPM Circular 01/2006.  When the land ceases to be used the residents and their dependants, or at the end of the expiry of temporary permission, whichever is the sooner, the use hereby permitted shall cease to all caravans, utility building, structures, hardstanding, materials and equipment brought on to the land associated with the use hereby permitted.

Given that the very special circumstances in this case clearly outweigh the harm to the openness of the Green Belt and any other harm.

3)         No more than 5 caravans as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than 3 shall be a static caravan or mobile home) shall be stationed on the site at any time.

Given that the very special circumstances in this case clearly outweigh the harm to the openness of the Green Belt and any other harm, in accordance with Policy EN1 of the Local Plan.

4)         No commercial activities shall take place on the land, including the storage of materials for the duration of this permission.

To preserve the visual appearance of the area as supported by EN1 of the Sevenoaks District Local Plan.

5)         No building, enclosure or temporary structures other than those shown on the approved  block plan Rev. A received on 15th August 2011 shall be erected or placed on the site.

To preserve the visual appearance of the area as supported by EN1 of the Sevenoaks District Local Plan.

At 9.20 p.m. the Chairman adjourned the Committee for the convenience of Members and Officers. The meeting resumed at 9.30 p.m.

5.04 - SE/11/01350/FUL:  Terrys Farm, Rectory Lane, Hever  TN8 7LH

The proposal was for minor design alterations to the conversion scheme, previously granted, for the conversion of the barn and outbuilding into a three bedroom dwelling with garage/storage area. The amendments would include the addition of a total of 6 small windows, to change the use of the land adjacent to the barn from agricultural to residential so as to provide a new access to the barn along with parking and turning areas and also to convert the existing outbuilding to the rear of the barn to a garage/storage structure.

Officers stated that the proposed change of use of agricultural land to residential  use together with new access drive was inappropriate development within the Green Belt and an Area of Outstanding Natural Beauty. The very special circumstances put forward did not clearly outweigh the conflict in principle with PPG2 and the identified harm. The proposed conversion of the outbuilding, by virtue of its scale and design, also represented inappropriate development in the Green Belt.

The Committee was addressed by the following speakers:

            Against the Application:       -

            For the Application:              Tim Duncan

            Parish Representative:         -

            Local Member:                      -

During the debate several Members agreed in particular that the applicants had failed to make out very special circumstances which outweighed the conflict in principle with PPG2 and the identified harm.

It was MOVED and was duly seconded that the recommendation in the report be adopted. The motion was put to the vote and it was unanimously:-

Resolved:       That planning permission be REFUSED for the following reasons:-

The proposed change of use of agricultural land to residential together with new access drive represents inappropriate development within the Green Belt and an Area of Outstanding Natural Beauty.  The proposal is therefore contrary to the provisions of Policies EN1 and GB3A of the Local Plan, SP1 of the Core Strategy, PPG2 and PPS5.

It is considered that the proposed conversion of the outbuilding, by virtue of its scale and design, represents inappropriate development in the Green Belt, contrary to the provisions of Policy GB3A of the Local Plan.

Informatives

1)         The applicant is advised that there is the potential for protected species impacts in the area of land take (the extension to the residential curtilage) from the field to the West of the barn.  It is considered that this information should be included in any further applications.

5.05 - SE/11/02127/FUL:  6th Sevenoaks Kemsing Scout Group, Scout Hut, Heaverham Road, Kemsing  TN15 6NE

Members’ attention was drawn to the tabled Late Observations sheet.

The application proposed the removal of the existing old scout hut located at the western side of the village recreation ground and its replacement with a new purpose-built facility located at the eastern side of the recreation ground close to the pavilion and tennis club. The Officer commended the attractive design and the good facilities the new building would provide.

Officers stated that the proposal would result in a new building located within the green belt and AONB in a much more prominent position than the existing facility. It was not considered that the very special circumstances advanced were so special as to outweigh the harm that would be caused to the green belt as a result of harm to its openness and visual amenities. The special circumstances were not “special” to this particular scout group.

The Committee was addressed by the following speakers:

            Against the Application:       -

            For the Application:              Chris Arnold

            Parish Representative:         -

            Local Member:                      Cllr. Miss. Stack

It was noted that a Members’ Site Inspection had been held for this application.

Officers clarified there was no dedicated parking for the Scout hut in its current position.

One Member was particularly concerned by the representation from Sport England regarding the loss of a sports playing field.

Members noted the new site would be prominently visible from the Kent Downs AONB and thought that it would not be adequately screened by landscaping. They recognised the importance of a new hut but believed that it was the right building in the wrong place.

At 10.27 p.m. it was MOVED by Cllr. Davison and duly seconded that, in accordance with rule 16.1 of Part 2 of the Constitution, Members extend the meeting until 11.00 p.m. to enable the Committee to complete the business on the agenda. The motion was put to the vote and it was:–

            Resolved:       That the meeting be extended for past 10.30 p.m. to enable the Committee to complete the business on the agenda.

It was MOVED and was duly seconded that the recommendation in the report be adopted. The motion was put to the vote and there voted –

9 votes in favour of the motion

1 votes against the motion

Resolved:       That planning permission be REFUSED for the following reasons:-

The proposed development by virtue of its inappropriateness and position within the recreation ground would be harmful to the openness and  visual amenities of the green belt contrary to the provisions of PPG2 Green Belts, policy SP5 of the South East Plan and policies LO1 and L07 of the Core Strategy.

The proposed scheme would result in further sporadic development within this part of the Kent Downs AONB which would be harmful to the rural character of that land contrary to the provisions of policy C3 of the South East Plan and policy SP1 of the Core Strategy.

The proposed development would result in the loss of open recreation space contrary to the provisions of policy S5 of the South East Plan and policy SP10 of the Core Strategy.

5.06 - SE/11/02180/FUL:  28, 30 and 32 Bowers Road, Bowers Road, Shoreham Sevenoaks TN14 7SS

The proposal was for the demolition of numbers 30 and 32 Bowers Road and their replacement with one block of 3 x 2-bedroom houses each with its own amenity space and with a car parking area in front of the block that would provide 6 spaces. The adjacent property, number 28 which forms one part of a pair of semi-detached houses would have part of its side garden utilised for the provision of 4 further parking spaces.

Officers believed that the scheme was considered to be acceptable in terms of its design, nor would it have an unacceptable impact on the residential amenities of nearby dwellings. Traffic movements generated by the development could be accommodated without detriment to highway safety.

Officers notified the Committee that there had been an amendment to diagram O4B which had been replaced by O4C.

The Committee was addressed by the following speakers:

            Against the Application:       Sarah Parkes

            For the Application:              -

            Parish Representative:         Ralph Abbot

            Local Member:                      Cllr. Edwards-Winser

Members enquired whether it would be possible to add an informative regarding additional parking. Officers believed it was possible but there was little available space on the application site and they also reminded Members that Kent County Council Highways did not believe there was any justification for refusing permission on the basis of inadequate parking provision.

It was MOVED and was duly seconded that the recommendation in the report be adopted. The motion was put to the vote and there voted –

8 votes in favour of the motion

4 votes against the motion

Resolved:       That planning permission be GRANTED subject to the following conditions:-

1)         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

In pursuance of section 91 of the Town and Country Planning Act 1990.

2)         No development shall be carried out on the land until details of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted have been submitted to and approved in writing by the Council. The development shall be carried out using the approved materials.

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by Policy EN1 of the Sevenoaks District Local Plan.

3)         No development shall be carried out on the land until full details of soft landscape works have been submitted to and approved in writing by the Council.  Those details shall include:-planting plans (identifying existing planting, plants to be retained and new planting);-a schedule of new plants (noting species, size of stock at time of planting and proposed number/densities); and-a programme of implementation.  The scheme shall be implemented in accordance with the approved details.

To protect the visual appearance of the area as supported by policy EN1 of the Sevenoaks District Local Plan.

4)         No development shall be carried out on the land until full details of the hard surfacing  have been submitted to and approved in writing by the Council.  The scheme shall be implemented in accordance with the approved details.

To ensure a satisfactory appearance upon completion in accordance with the provisions of policy EN1 of the Sevenoaks District Local Plan.

5)         If within a period of five years from the completion of the development, any of the trees or plants that form part of the approved details of soft landscaping die, are removed or become seriously damaged or diseased then they shall be replaced in the next planting season with others of similar size and species.

To ensure a satisfactory appearance upon completion in accordance with the provisions of policy EN1 of the Sevenoaks District Local Plan.

6)         Prior to first occupation details shall be submitted in writing to and approved by the Local Planning Authority of the proposed means of boundary enclosure.  The scheme shall be implemented in accordance with the approved scheme.

To protect the character and amenities of the area in accordance with the provisions of policy EN1 of the Sevenoaks District Local Plan.

7)         Prior to first occupation the parking spaces shown on the approved drawing shall be provided and shall be kept permanently available thereafter for residents parking.

In the interests of highways safety and to ensure adequate off street parking.

8)         No extension or external alterations shall be carried out to the dwellings hereby approved, despite the provisions of any Development Order.

To protect the character and amenities of the area.

9)         No development shall take place until details of the proposed finished levels of the ground, the ground floor slab level of each building, and the finished levels of any access road and driveway showing their relationship with the existing levels of the immediately adjoining land and buildings have been submitted to and approved, in writing, by the Planning Authority and the development shall be carried out in accordance with the approved levels.

To protect the amenities and privacy of adjoining properties in accordance with policy EN1 of the Sevenoaks District Local Plan.

10)       No construction/building work shall be carried out on site unless there is available within the site in accordance with details approved by the Local Planning Authority, provision for the temporary parking of vehicles and the loading and unloading of vehicles associated with the building or other operations on the site throughout the period of work required to implement the development hereby permitted.

Reason:          In the interests of road safety and to accord with Policy T4 of the Mid Sussex Local Plan and Policy DEV4/DEV5 of the adopted West Sussex Structure Plan 2001-2016.

11)       No work shall be carried out on site unless provision is available within the site (or other adjacent land within the applicants control) in accordance with details approved by the Local Planning Authority, for all temporary contractors buildings, plant and stacks of materials associated with the development and such provision shall be retained for these purposes throughout the period of work on the site.

In the interests of the amenities of the surrounding residents.

12)       Prior to commencement of the development hereby permitted, a Stage 1 Bat survey shall be undertaken.  If necessary any further survey work and mitigation works identified shall be carried out and implemented in accordance with details to be submitted to and approved in writing by the Local Planning Authority in consultation with the Kent County Council Ecology Unit.

To  protect the ecology and bio diversity of the site in accordance with the aims and objectives of PPS9 Biodiversity and Geological Conservation

13)       No work shall be carried out on the site unless and until an effective vehicle wheel cleaning facility has been installed in accordance with details approved by the Local Planning Authority and such facility shall be retained in working order and operated throughout the period of work on the site.

To ensure that vehicles do not leave the site carrying earth and mud on their wheels in a quantity which causes a nuisance or hazard on the road system in the locality and to accord with Policy T1 of the Sevenoaks District Local Plan.

14)       The development hereby permitted shall be carried out in accordance with the following approved plans: K11-0013/100,104B. 110,140, 150

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

The scale, location and design of the development would respect the context of the site and protect the visual amenities of the locality.

The traffic movements generated by the development can be accommodated without detriment to highway safety.

5.07- SE/11/01877/FUL: The Coppice, Pilgrims Way, Kemsing, Sevenoaks TN15 6TE

The proposal was for permission for the sub-division of the plot  with a detached 2 ½ storey house being located broadly adjacent to the existing house. Vehicular access would be shared between the two houses with existing trees removed to provide a new drive and turning area for the proposed house with a re-positioned drive extending along the northern boundary to the existing house/garage.

Officers stated that the plot and others in Chalkways had a spacious semi-rural character with good sized plots good set back from the highway and plenty of mature planting Although the site is considered capable of being sub-divided with the creation of a new plot, the proposed house was considered too large, bulky and too close to the site boundary. As a result it was considered harmful to the generally spacious character of the area. In addition the development had failed to make a contribution to affordable housing as required under the Core Strategy policy.

Members’ attention was drawn to the tabled Late Observations sheet as the applicants had now indicated that, if the application were approved, a financial contribution would be made to the Council’s Affordable Housing Strategy.

The Committee was addressed by the following speakers:

            Against the Application:       -

            For the Application:              Mark Garland

            Parish Representative:         -

            Local Member:                      Cllr. Miss. Stack

At 10.56 p.m. it was MOVED by Cllr. Davison and duly seconded that, in accordance with rule 16.1 of Part 2 of the Constitution, Members extend the meeting past 11.00 p.m. for so long as is necessary to enable the Committee to complete the business on the agenda. The motion was put to the vote and it was:–

            Resolved:       That the meeting be extended past 11.00 p.m. for so long as is necessary to enable the Committee to complete the business on the agenda.

It was noted that a Members’ Site Inspection had been held for this application.

Members acknowledged that the Parish Council and Local Members were in support of the application. However the application would be visible from the highway.

It was MOVED and was duly seconded that the recommendation in the report be adopted subject to the amendments set out in the Late Observations sheet. The motion was put to the vote and there voted –

8 votes in favour of the motion

3 votes against the motion

Resolved:       That planning permission be REFUSED for the following reasons:-

The proposed development as a result of its design, height, bulk and proximity to the highway would result in a cramped form of development that would be harmful to the character and visual amenities of the surrounding area contrary to the provisions of policy SP1 and L07 of the Sevenoaks Core Strategy and policy EN1 of the Sevenoaks District Local Plan.

The proposed scheme fails to make a financial contribution towards the Councils Affordable Housing Strategy contrary to the provisions of policy SP3 of the Sevenoaks Core Strategy.