The proposal sought planning permission to erect a single storey dwelling as a replacement for an existing bungalow and outbuilding. The replacement dwelling would be a single storey building of contemporary design. It was roughly T shaped in footprint with flat roofs layered on top of one another.

The existing building was designated as a dwelling under a lawful development certificate and therefore benefited from permitted development rights. The applicant had submitted a fallback position that the existing dwelling could be extended from an existing floor area of 67 sqm to 291 sqm without planning permission, alongside a retained existing garage or outbuilding of 70 sqm. The proposal would cover a smaller footprint and would be lower than the fallback position.

Officers considered that the scheme was clearly contrary to development plan policies and advice contained within the NPPF. However the replacement dwelling was considered to be a better alternative than the fallback and as such very special circumstances existed to allow the proposal.

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

The Committee was addressed by the following speakers:

Against the Application:    Mr. Morgan

For the Application:            Mr. Osborne

Parish Representative:       -

Local Member:                    -

In response to a question Officers confirmed that some of the trees to the south would be removed but a number were protected by Tree Protection Orders. The property would be well divorced from neighbours as it was between 70-80m to Greensleves and was well screened.

Members noted that the design was very modern. Officers explained that the unconventional, flat roof design helped reduce the height of the proposal and so would be less noticeable from the road.

It was MOVED by the Vice-Chairman and was duly seconded that the recommendation in the report to grant permission, as amended by the Late Observations Sheet, be adopted. The motion was put to the vote and there voted –

6 votes in favour of the motion

5 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 samples of the materials to be used in the construction of the external surfaces of the dwelling 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)         The development shall achieve a Code for Sustainable homes minimum rating of level 3, and shall include at least a 10% reduction in the total carbon emissions through the on-site installation and implementation of decentralised, renewable or low-carbon energy sources. Evidence shall be provided to the Local Authority -                                       i) Prior to the commencement of development, of how it is intended the development will achieve a Code for Sustainable Homes Design Certificate minimum level 3, including a 10% reduction in total carbon emissions,  or alternative as agreed in writing by the Local Planning Authority; and

ii) Prior to the occupation of the development, that the development has achieved a Code for Sustainable Homes post construction certificate minimum level 3 and has achieved a 10% reduction in total carbon emissions, or alternative as agreed in writing by the Local Planning Authority.

In the interests of environmental sustainability and reducing the risk of climate change as supported by Policy SP2 of the Sevenoaks Core Strategy.

4)         Before the use or occupation of the development hereby permitted, the car parking  area shown on the approved plans shall be provided and shall be kept available for the parking of cars at all times.

To ensure a permanent retention of vehicle parking for the property as supported by Policy EN1 of the Sevenoaks District Local Plan.

5)         No extension or enlargement shall be carried out to the dwelling hereby approved, despite the provisions of any Development Order.

To protect the character, functioning and openness of the Green Belt, and to prevent any further development that would erode the very special circumstances presented in this application. As supported by Policy H13 of the Sevenoaks District Local Plan and the National Planning Policy Framework.

6)         No building or enclosure shall be erected within the curtilage of the dwelling hereby approved, despite the provisions of any Development Order.

To protect the character, functioning and openness of the Green Belt, and to prevent any further development that would erode the very special circumstances presented in this application. As supported by Policy H13 of the Sevenoaks District Local Plan and the National Planning Policy Framework.

7)         Prior to first occupation of the dwelling hereby permitted, the boundaries of the site shall be physically defined by fencing or other treatment in accordance with a scheme that has been submitted to and approved in writing by the local planning authority.

To clarify the residential curtilage and to prevent encroachment into the surrounding countryside, in accordance with Policy LO8 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

8)         No development shall take place until details of tree protection measures for all trees and hedges shown for retention on the submitted plans have been submitted to and approved in writing by the Local Planning Authority. The details shall be designed in accordance with BS5837:2005 - Trees in Relation to Construction, and the approved protection measures shall be implemented in full prior to any development or demolition works taking place. The protective fencing shall remain in place for the duration of the construction and no works shall take place, no materials, plant or machinery shall be stored, and no fires shall be lit within the protected areas unless agreed otherwise in writing by the local planning authority.

To safeguard the visual amenities of the area, in accordance with Policies LO8 and SP1 of the Sevenoaks District Local Plan.

9)         No development shall be carried out on the land until full details of soft landscape works within the application site 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 development shall be carried out in accordance with the approved details. If within a period of 5 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 safeguard the visual amenities of the area, in accordance with Policies LO8 and SP1 of the Sevenoaks Core Strategy.

10)       The off-site planting scheme as shown on the approved drawings shall be implemented in full prior to first occupation of the dwelling. If within a period of 5 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 accord with the terms of the application and to enhance the visual amenities of the area, in accordance with Policies LO8 and SP1 of the Sevenoaks Core Strategy.

11)       The development hereby permitted shall be carried out in accordance with the following approved plans: 11032.01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11B, 12, 13, 14, 15, 16 and 17.

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

12)       Within one month from first occupation or completion of the replacement dwelling hereby permitted (whichever is sooner), all existing buildings within the application site as shown on the submitted  plans shall be demolished in their entirety and all resultant material shall be removed from the site.

Reason: To accord with the terms of the application and to control the extent of built form on site in order to protect the character, maintenance and functioning of the Metropolitan Green Belt, as supported by Policy H13 of the Sevenoaks District Local Plan and the National Planning Policy Framework.