The proposal sought the erection of 6 x 2 bedroom dwellings on the site, which would be two storeys high and split into two blocks of three, arranged side by side with a gap of 2.5 metres between the two blocks. The dwellings would be built and occupied as local needs housing units.

Officers considered the proposed development was acceptable subject to the completion of a Section 106 Agreement.  It would provide affordable housing to most local needs in a local area.  The scale, location and design of the development would respect the context of the site and Conservation Area and Area of Outstanding Natural Beauty the visual amenities of the locality.  The development would respect the setting of the Listed Building, and preserve the special character and appearance of the Conservation Area.  The traffic movements generated by the development could be accommodated without detriment to highway safety and it was considered appropriate development within the Metropolitan Green Belt. 

Members’ attention was drawn to the tabled Late Observations sheet which set out further comments received and amended conditions from those set out within the report.

The Committee was addressed by the following speakers:

Against the Application:       Mrs. E. Woolman

For the Application:              Mr. M. Leader

Parish Representative          Mr. J. Cass

Local Member:                                   -

In light of the information that a similar application for an alternative site had been submitted, and upon seeking legal advice, Members considered the possible merits of being able to consider both applications side by side. 

It was MOVED by the Vice–Chairman and duly seconded, that the recommendations as set out within the report and amended by the late observations sheet to grant permission subject to conditions and completion of a S106 Agreement, be agreed.  An amendment to the motion was MOVED by Cllr. Walshe and duly seconded, to defer consideration of the item to a future meeting in order to be able to compare the merits of the application with a similar application that had been submitted by another applicant.

The amendment to the motion was put to the vote and there voted –

6 votes in favour of the amendment

8 votes against the amendment

The Chairman declared the amendment to the motion to be LOST.

Cllr. Cooke advised the meeting that he felt obliged to abstain from voting as his impartiality on this matter had been called into question outside of the meeting..

The original motion was put to the vote and there voted –

10 votes in favour of the motion

4 votes against the motion

Resolved: That

a)        planning permission be GRANTED subject to the applicant entering into a Section 106 Agreement for the provision of affordable housing and highway improvements and 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 enhances the character and appearance of the Conservation Area and Area of Outstanding Natural Beauty as supported by Policy EN1 and EN23 of the Sevenoaks District Local Plan.

3.                  The development hereby permitted shall be carried out in accordance with the following approved plans: 1201/12/3, 1201/11/1, 1201/12/14, 1201/12/13, 1027627/15 Rev E, 1027627/20 Rev B, 1027627/13 Rev K, 1027627/14 Rev E and 1027627/17 Rev C.

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

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

To safeguard the character and appearance of the conservation area as supported by EN23 of the Sevenoaks District Local Plan.

5.                  No building or enclosure other than those shown on the approved plans, shall be erected within the curtilage of the dwelling hereby approved, despite the provisions of any Development Order.

To safeguard the character and appearance of the conservation area as supported by EN23 of the Sevenoaks District Local Plan.

6.                  No development shall be carried out on the land until details of the hereby approved outbuildings have been submitted to and approved in writing by the Council. The development shall be carried out using the approved details.

To ensure that the appearance of the development enhances the character and appearance of the local area as supported by Policy EN1 and EN23 of the Sevenoaks District Local Plan.

7.                  The development hereby permitted shall not be used or occupied until the 2.4 x 50 metre visibility splays are to be provided and maintained at all times; i.e. a driver waiting to enter the High Street and 2.4 metres from the stop line, should be able to see vehicles approaching at 50 metres distance to left and right, and no obstruction higher than one metre to be permitted on the highway verge within the splays. (Note that the one metre height is to be measured relative to a point on the centre line of the new access road and 2.4 metres from the stop line mentioned above; this point may be lower than the verge.).  Thereafter the visibility splays shall be maintained free from obstruction at all times.

In the interest of highway safety.

8.                  No development shall be carried out on the land until a scheme and timetable for the relocation of the telephone box has been submitted to and approved in writing by the Local Planning Authority. The telephone box shall be relocated in accordance with  the approved details prior to first occupation of the development, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety and the retention of a community facility, in accordance with Policies EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

9.                  No development shall take place until details of the layout and construction of the access road has been submitted to and approved by the Council.  The details shall include the connection to the High Street, gradients, surfacing materials and road markings. 

In the interest of highway safety.

10.              No development shall take place until details of the layout and construction of areas for the parking of cars including garage spaces and means of access have been submitted to and approved in writing by the Council. The parking areas approved shall be provided and kept available for parking in connection with the use hereby permitted at all times.

In the interest of highway safety.

11.              Notwithstanding the submitted plans, no development shall be carried out on the land until details of the proposed boundary treatment and any means of enclosure has been submitted to and approved in writing by the Council. The development shall be carried out using the approved details.

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

12.              No boundary walls, fences or other means of enclosure shall be erected on the site boundary, despite the provisions of any Development Order.

To safeguard the rural character of the area.

13.              The development shall only be undertaken in accordance with the Flood Risk Assessment (FRA) by Monson Engineering Ltd and addendums (most recent addendum dated 7 March 2012), and the following mitigation measures detailed within the FRA:

             i. The surface water drainage strategy shall be undertaken in accordance with the FRA and addendums

           ii. The access road and car parking area shall be constructed with permeable paving (with a minimum depth of porous sub base of 300mm) and a cut off trench at the western site boundary.

         iii. The surface water discharge to the adjacent ordinary watercourse shall  be limited to a rate of 1.5 l/s (Appendix A, Drawing No. 5164/02 C, ‘ Proposed surface water flood drain’).

          iv. A surface water management plan shall be implemented to ensure that the scheme is effective year round for the lifetime of the development, the details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

            v. The surface water drainage scheme shall take into account exceedance events to ensure that surface water runoff is safely routed away from the dwellings.

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

14.        The finished floor levels of the dwellings hereby permitted shall be set no lower than 30.9 m above Ordnance Datum (AOD) as detailed in the Addendum to the Flood Risk Assessment by Monson Engineering Ltd dated 7 March 2012.

To reduce the risk of flooding to the proposed development and future occupants.

15.        There should be no lowering of ground levels where the existing site level is less than 30.75m AOD. Note existing ground levels on Drawing 1027627/20 B (‘Site plan and existing levels).

To reduce the risk of flooding to the proposed development and future occupants by ensuring that site levels will be above the modelled 100 year plus climate change flood level.

16.        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); 

·   written specifications (including cultivation and other operations associated with plant and grass establishment);       

·   schedules of new plants (noting species, size of stock at time of planting and proposed number/densities where appropriate); and

·   a programme of implementation.

The landscape works shall be carried out in accordance with the approved details. 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 protect the visual appearance of the area as supported by EN1 of the Sevenoaks District Local Plan.

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

18.              No development shall be carried out on the land until a Construction Management Plan has been submitted and approved in writing by the Council. The plan should include the provision of on site parking and loading, and wheel washing facilities. The development shall be carried out in accordance with the approved plan.

In the interests of highway safety and visual amenity as supported by policy EN1 of the Sevenoaks District Local Plan.

19.              No development shall take place until details of further mitigation measures as detailed in the Thomson Ecology reports dated July 2011 and October 2011 have been submitted and approved in writing by the Council.  All mitigation measures set out in these reports shall be carried out in full compliance and any building works would take place taking into account the presence of protected species and including all enhancements proposed. The development shall be carried out in accordance with the approved statement.

To ensure the long term retention of protected species on the site as supported by the National Planning Policy Framework.

20.              No development shall take place until full details of the proposed foul and surface water drainage systems have been submitted to and approved in writing by the Council.  Any approved scheme shall be completed to the written satisfaction of the Council prior to the commencement of the development.

To avoid overload of any existing drainage systems and to meet sustainability and environmental objectives.

21.              The first floor window(s) in the side elevation(s) shall be obscure glazed at all times.

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

22.              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 the Code levels and BREEAM standards 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 by the National Planning Policy Framework, policies CC2 & CC4 of the South East Regional Plan and policy SP2 of the Sevenoaks District Core Strategy.

 

23.              There should be no ground raising within the floodplain of the Medway/Eden rivers, as indicated on Drawing 1027627/20 B (‘Site plan and existing levels).

To prevent the loss of flood storage which may otherwise increase the flood risk to the surrounding land.

 

b)        In the event the applicant does not enter into a Section 106 legal agreement within three months of the date of this Development Control Committee, that planning permission be REFUSED for the following reason:

 

1.        The application fails to make an appropriate provision for affordable housing contrary to the requirement of Policy SP3 of the Sevenoaks Core Strategy.

 

2.        The application fails to secure adequate highway safety in relation to the absence for suitable provision of road markings and a Traffic Regulation Order.