The proposal sought the demolition of the existing two houses and replacement with four detached units. The application was an outline submission with access and layout to be considered at this stage, whilst appearance, landscaping and materials were reserved matters. Indicative plans had been submitted.

The application had been considered by the Development Control Committee on 17 February 2011 and approved, subject to the receipt of a completed legal agreement. The legal agreement was now in an agreed format and the Affordable Housing contribution was sufficiently secured. The report had been updated from the one previously considered in the light of developments since then, particularly as the proposal involved development in residential gardens.

Officers considered that the proposed dwellings would preserve the character and appearance of the area, neighbouring amenity and highways safety, would provide sufficient off-street parking and would not significantly impact upon protected trees. Consequently the proposal was in accordance with the development plan.

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

The Committee was addressed by the following speakers:

            Against the Application:        Ms. Annetts

            For the Application:               Mr. Adeleye

            Parish Representative:          -

            Local Member:                       Cllr. Mrs. Purves

In response to a question Officers confirmed the the present application would increase density from 5 to 10 dwellings/ha whereas Cleve, adjacent to the property on the north, had a density of 4 dwellings/ha.

The Local Member, who sat on the Committee, highlighted that the report accepted development would mainly be carried out on private residential gardens, on land not previously developed. He felt insufficient consideration had been given to this. He was also concerned by the low provision of off-site Affordable Housing contributions and requested extra consideration be given to soft-landscaping conditions.

Some other Members of the Committee  suggested that the proposal constituted overdevelopment of the site. However it was noted the Sevenoaks Core Strategy only required 60% of development to be on brownfield.

It was MOVED by the Vice-Chairman and was duly seconded that the two recommendations in the report to be adopted.

Officers requested that condition 14 be amended to state “No development save for development connected with the provision of the access road shall take place on the land until the access road has been provided in accordance with the approved plan, drawing number 0946-PL123 Rev. C.” This was accepted by the mover and seconder of the motion.

The motion was put to the vote and there voted –

11 votes in favour of the motion

5 votes against the motion

Resolved:

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

1)         Details relating to the scale and appearance of the proposed buildings, and the landscaping of the site, (hereinafter called the "reserved matters"), shall be submitted to and approved in writing by the District Planning Authority before any development is commenced and the development shall be carried out as approved.

In Pursuance of section 92(2) of the Town and Country Planning Act 1990.

2)         Application for approval of the reserved matters shall be made to the District Planning Authority before the expiration of three years from the date of this permission.

In Pursuance of section 92(2) of the Town and Country Planning Act 1990.

3)         The development to which this permission relates must be begun before

-The expiration of three years from the date of this permission; or

-The expiration of two years from the final approval of the reserved matters whichever is the later.

In Pursuance of section 92(2) of the Town and Country Planning Act 1990.

4)         The scale parameters of the buildings hereby permitted shall be a width of 12.93m and a depth of 13.10m for the two houses proposed for the Dawning House site, a maximum width of 11.24m and a maximum depth of 10.79m for the two dwellings proposed for the Summerhill site, and a ridge height of 7.84m for the four units as outlined within the accompanying Design & Access Statement and email submitted on the 2nd February 2011, except that details of slab level, floor levels and roof profile of the proposed dwellings are to be submitted to and approved in writing by the Council at the same time as submission of the first of the reserved matters and the development shall be carried out in accordance with these details.

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

5)         No development shall commence until a scheme for tree protection has been submitted to and approved in writing by the Council. The development shall be carried out in accordance with the approved scheme.

To prevent damage to the trees during the construction period and secure their retention afterwards as supported by Policy EN12B of the Sevenoaks District Local Plan.

6)         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 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 the National Planning Policy Framework.

7)         No development shall commence until details of visibility splays and the width, alignment and radii of the site entrance and access to Seal Hollow Road have been submitted to and approved in writing by the Council. The visibility splays, width alignment and radii of the site entrance and access to Seal Hollow Road shall be provided as approved before any development hereby permitted is commenced and thereafter maintained, with the approved visibility splays maintained free from obstruction at all times at a height not exceeding 0.9m above the level of the adjacent carriageway.

In the interest of highway safety as supported by policy EN1 of the Sevenoaks District Local Plan.

8)         No development shall commence until a construction method statement to include the location of the site office, parking and turning areas, and a compound for storage, together with details of deliveries, control of large vehicle movements and the protection of property and highways and the provision of wheelwashing during the course of construction has been submitted to and approved in writing by the Council. The development shall be carried out using the approved statement.

In the interest of highway safety as supported by policy EN1 of the Sevenoaks District Local Plan.

9)         No development shall be carried out until details of the location and extent of proposed hardstanding for parking and turning areas on each plot has been submitted to and approved in writing by the Council. The development shall be carried out using the approved details.

To ensure a permanent retention of vehicle parking and vehicle turning areas for the dwellings as supported by policy EN1 of the Sevenoaks District Local Plan.

10)       No development shall be carried out until details of any proposed pruning or tidying within the protected wooded area to the front of the site has been submitted to and approved in writing by the Council.

To secure the retention of the trees and to safeguard their long-term health as supported by Policy EN1 of the Sevenoaks District Local Plan.

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

To safeguard the amenities of the occupiers of properties adjacent to the site as supported by Policy EN1 of the Sevenoaks District Local Plan.

12)       No building, enclosure or swimming pool, other than those shown on the approved plans, shall be erected within the curtilage of the dwellings hereby approved, despite the provisions of any Development Order.

To safeguard the amenities of the occupiers of properties adjacent to the site as supported by Policy EN1 of the Sevenoaks District Local Plan.

13)       The development shall achieve a Code for Sustainable homes minimum rating of level 3. 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 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 or alternative as agreed in writing by the Local Planning Authority. Achievement of Code level 3 must 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.

In the interests of environmental sustainability and reducing the risk of climate change as supported in the National Planning Policy Framework, policies CC2 & CC4 of the South East Regional Plan and policy SP2 of the Core Strategy.

14)       No development save for development connected with the provision of the access road shall take place on the land until the access road has been provided in accordance with the approved plan, drawing number 0946-PL123 Rev. C.

In the interest of highway safety as supported by policy EN1 of the Sevenoaks District Local Plan.

15)       The development hereby permitted shall be carried out as an alternative to the permission granted at appeal under reference SE/08/01393/OUT but not in addition to it, so that one of the developments permitted may be implemented but not both, nor parts of both, developments.

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

16)       The development hereby permitted shall be carried out in accordance with the following approved plans: DAWNSUM/01 Rev A, 0946-PL120, 121, 122, 123 Rev C and 124 Rev A.

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

Informatives

1)         It appears that the proposal involves works that affect the highway and / or its verge. Before commencing such works, you must obtain the separate consent of the Highway Authority. Please contact Kent Highway Services, Network Operations on 01474 544068.

2)         The applicant should be aware that it may be necessary for the entrances of the new dwellings to have a ramp installed up to them to comply with Building Regulations. If this is the case the applicant is encouraged to contact the planning department at the Council to check whether planning permission is required for the ramps.

3)         With regard to water supply, this comes within the area covered by the South East Water Company. For your information the address to write to is - South East Water Company, 3 Church Road, Haywards Heath, West Sussex. RH16 3NY. Tel: 01444-448200.

4)         With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

5)         The applicant is reminded of the need to obtain the appropriate consent(s) prior to commencing work that may affect land that is not in their ownership.

RECOMMENDATION B: In the event that the legal agreement is not completed within 28 days of the decision of the Development Control Committee, the application be REFUSED for the following reason:

The proposal would lead to a requirement to contribute towards affordable housing provision. In the absence of a completed Section 106 obligation to secure an appropriate level of affordable housing provision, the development would be contrary to policy SP3 of the Sevenoaks District Council Core Strategy.