The application proposed a combination of new build residential dwellings and the renovation and conversion of existing buildings to residential use, together with ancillary works to address the renovation of the listed folly, flood alleviation works, car parking and landscaping works.

Officers considered that the works required were substantial and would have an adverse impact upon the significance of this site and its many listed buildings and structures. However the level of harm was considered to be less than substantial and great weight should be given to the conservation of all affected designated heritage assets. The proposals would affect surrounding residents and the visual amenities of the area.  It was considered that the changes proposed would be sympathetic to the existing character of the site and wider area. 

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

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:        Nigel Glaister

            For the Application:               Nicholas de Lotbiniere

            Parish Representative:          -

            Local Member:                       Cllr. Ms. Chetram

A Member requested that condition 33 be amended so that materials were to be white, as he felt this would be more in keeping with the area. Officers agreed to amend conditions 33 so it also included approval of “colour”.

In response to a question Officers confirmed 43 parking spaces had been provided for 20 units, including those dwellings already on site.

Discussions about the section 106 agreement were still ongoing and one of the heads of terms was the phasing of development. Members were concerned that, although the conservation works should be carried out, they did not want the project to collapse due to cost. Officers reminded Members that the folly had to be restored no later than once half the site had been occupied. One Member proposed that the developer submit a bond for the conservation works.

A Member was concerned that all dwellings ought be fitted with modern separate sewerage disposal. Officers advised this was a concern for Building Control and conditions should not be added to the planning permission duplicating other controls. An informative would be added instead.

Members noted the possible flood risk at Tiger Cottages. Officers clarified that Tiger Cottages could not be developed until a scheme had been submitted to demonstrate the loss of flood storage arising from the two dwellings would not result in increased flood levels elsewhere.

Officers advised that since the late observations sheet there were to be further amendments to the conditions. The consent in Condition 6 should be from the Local Planning Authority in agreement with the Environment Agency. The plans in Condition 9 should be submitted and approved by the Local Planning Authority. Condition 47 would be added to ensure obscure glazing on some properties, in order to reduce overlooking.

The local Member who sat on the Committee and was also Chairman of the local parish council noted the present application was more modest than previous ones. Concerns such as parking had been resolved and overlooking would now be controlled by condition 47. Officers had duly considered the need to ensure the renovation elements would be carried out and the condition on developing Tiger Cottages was strong.

It was MOVED and was duly seconded that the recommendation in the report, as amended, to grant permission subject to conditions be adopted. The motion was put to the vote and it was unanimously

Resolved: Subject to completion of an appropriate S106 Obligation with the following Heads of Terms: - Management Plan, Restoration of the Folly and Phasing  of Development,  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)         Prior to the commencement of works to implement this permission, details shall be submitted to and approved in writing by the Local Planning Authority (LPA) of the means of protection for all retained trees.  The details to include the specification and position of any such fencing or other means of protection.  The scheme shall be implemented in accordance with the approved plans prior to  any site clearance works, or before any equipment, machinery or materials are brought on the land for the purposes of development and shall be retained until  all equipment, machinery and surplus materials have been removed from the site.  Within the areas of tree protection the following works shall not be carried out:-   levels shall not be altered in relation to ground levels -  no roots shall be cut, trenches dug, or soil removed -  no buildings, roads or other engineering operations shall be constructed or carried out -  no fires shall be lit-  no vehicles shall be driven or parked over the area-  no materials or equipment shall be stored unless otherwise approved in writing by the LPA.

To ensure the protection of trees within the site.

3)         Prior to the commencement of development details shall be submitted to and approved in writing by the LPA, of the precise location, construction and means of enclosure of any temporary construction compound, including any temporary buildings sited within, storage areas for materials, access/turning areas for delivery of materials and goods  and parking for construction staff.  The scheme shall be implemented in accordance with approved details prior to the commencement of  development.

To minimise the impact of  this development upon the surrounding village and to ensure the protection of buildings and features of this site in accordance with the provisions of policy EN1 of the Sevenoaks District Local Plan.

4)         Prior to the commencement of works on Lion Yard, Tiger Cottages and the Greenhouse, details shall be provided to the LPA  of site levels, including details of existing and proposed ground levels and the proposed ground floor slab level.  The scheme shall be carried out in accordance with the approved plans.

To ensure a satisfactory appearance upon completion and to ensure the protection of retained trees within the site.

5)         Prior to the commencement of any development in connection with the construction of Tiger cottages, details shall be submitted to and approved in writing by the LPA, in conjunction with the Environment Agency, of a scheme to demonstrate that the loss of flood storage resulting from the proposed two dwellings and associated flood wall, will not result in increased flood levels elsewhere.  These details shall use approved hydraulic modelling techniques and should include precise details of all additional flood mitigation and defences, flood storage compensation areas and confirmation that the post development model accurately reflects these measures.

To reduce the impact of flooding resulting from the proposed development elsewhere.

6)         No works within the channel of the Mill Leat or main channel of the River Darent or to any structure within either channel shall take place without the applicant first obtaining written consent from the LPA in consultation with the Environment Agency.

To ensure no increased risk of flooding as a result of the development.

7)         Details of all landscaped flood bunds, flood walls and flood gates to individual dwellings shall be submitted to and approved in writing by the LPA.  This should include flood proof garden walls which separate the rear gardens of dwellings from the Counting House to Gardeners Cottage.

To ensure flood risk to individual dwellings will be minimised.

8)         No sleeping accommodation within any of the proposed dwellings are to be located below 33.95mODN.

To minimise risk to life.

9)         Details shall be submitted to and approved in writing by the LPA prior to the first occupation of any dwelling to demonstrate that each dwelling will have an unobstructed pedestrian access route to an area of the High Street within Flood Zone 1 during flood conditions and the scheme shall be carried out in accordance with the approved details.  Occupants of each dwelling should have guaranteed legal rights of access.

To ensure safe access under flood conditions, to all occupants and emergency services.

10)       Prior to the commencement of development, a scheme to demonstrate that the disposal of surface water will not increase the risk of flooding on site or elsewhere shall be submitted to and approved in writing by the LPA.  The scheme shall be carried out in accordance with the approved details.

To prevent increased risk of flooding.

11)       Prior to the commencement of work on the Mill House, details shall be submitted to and approved in writing by the LPA of works to waterproof the basement to the mill house.  The scheme shall be carried out in accordance with the approved details.

To prevent groundwater flooding.

12)       Prior to the first occupation of any new dwellings on site details shall be submitted in writing to and be approved by the LPA, in consultation with the EA of those works required to ensure the safe removal of the existing Mill sluice and replacement with any alternative flow control structure required, to enable control of water levels .  The scheme shall be carried out in accordance with the approved details prior to the first occupation of any of the new dwellings within flood zone 2 or 3.

To prevent increased risk of flooding.

13)       Prior to the commencement of works, a detailed mitigation and enhancement strategy for all protected species shall be submitted, incorporating the information provided in Section 4.2 of the EECOS Protected Species Report.  This information shall include a timetable for the implementation of the strategy.  The scheme shall be implemented in accordance with the approved details.

To ensure adequate protection of protected species during the construction period of the development hereby approved.

14)       Prior to the first occupation of the development  a written strategy shall be submitted to and approved in writing by the LPA advising how the Ecology Mitigation and  enhancement strategy will be monitored upon completion of the development. This strategy shall a timetable for assessing the impact of the development and include details of what steps will be implemented in the event that the initial mitigation proposed is unsuccessful.   The scheme shall be implemented in accordance with the approved details.

To ensure long term protection of protected species on the site.

15)       Details of any outside lighting shall be submitted to and approved in writing by the LPA before the related residential units are occupied.  Despite the provisions of any Development Order outside lighting shall only be provided in accordance with the approved details, or such additional details as shall have been previously submitted to and agreed in writing by the LPA.

To safeguard the visual appearance of the area and protect the habitat of wildlife species on site.

16)       Prior to commencement of development a detailed method statement in respect of Japanese Knotweed on the site shall be submitted to and be approved in writing by the LPA.  The statement shall include the proposed means to prevent the spread of Japanese Knotweed during any operations such as mowing, strimming or soil movement.  It shall also contain means to ensure that any soil brought to the site are free of the seeds/roots /stem of any invasive plant covered under the Wildlife _ Countryside Act 1981. Development shall proceed in accordance with the approved method statement.

Japanese Knotweed is an invasive plant the spread of which is prohibited under the Wildlife _ Countryside Act 1981. Without measures to prevent its spread as a result of development there would be a risk of an offence being committed and avoidable harm to the environment occurring.

17)       Prior to the first occupation of the site, details shall be submitted to and approved in writing by the LPA of a plan indicating the allocations of parking spaces to individual dwellings.  The scheme shall be carried out in accordance with the approved details.

To ensure a convenient allocation of parking space to future residents to ensure maximum use of those spaces.

18)       No development shall take place until the applicant of their agents or successors in title has secured the implementation of:-  archaeological field evaluation works in accordance with a specification and written timetable which has been submitted to and approved  by the LPA    and-  following on from the evaluation, any safeguarding measures to ensure preservation in situ of important archaeological remains and/or further archaeological investigation and recording in accordance with a specification and timetable which has been submitted to and approved in writing by the LPA.

To ensure that historic building features are properly examined and recorded..

19)       No development shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of building recording in accordance with a written specification and timetable which has been submitted to and approved in writing by the LPA.

To ensure that historic building features are properly recorded and examined.

20)       No development shall begin until details of foundations design and any other proposals involving below ground excavation have been submitted to and approved in writing by the LPA. Development shall be carried out in accordance with the approved details.

To ensure that due regard is had to the preservation in situ of important archaeological remains.

21)       The parking spaces, and accesses and turning spaces  shown on the approved plans shall be provided prior to the first occupation of the related dwellings and shall be permanently  maintained for such purposes thereafter.  The garages shown on the approved plans shall be made available for parking prior to the first occupation of the related dwellings and no development shall take place to prevent their retention thereafter for the purposes of the parking of a motor car.

To ensure adequate on site turning and parking space in accordance with policy VP1 of the Sevenoaks District Local Plan.

22)       Visitor or communal spaces shown on the approved drawing shall be provided and kept available for use at all times for such purpose and shall not be allocated to or reserved for individual properties.

In the interests of the provision of adequate visitor parking on site.

23)       The development at Lion Yard and the Greenhouse shall not be occupied until the access and parking/turning space has been laid out and surfaced, and visibility splays provided in accordance with the details approved by the LPA.

To ensure adequate off street parking for the residents  of Lion Yard and to protect highways safety on the adjacent highway.

24)       The newly created residential dwellings (apart from Lion Yard and the Greenhouse) shall not be first occupied until details have been submitted to and approved in writing by the LPA of works to the access drive and the scheme implemented in accordance with the approved details.  The details shall include:-  existing and proposed land levels-  details of any surface drainage-  details of the construction of the access drive-  details of the surface materials proposed.

To ensure adequate off street parking and vehicular access to the newly created units .

25)       Prior to the first occupation of the newly created residential units, details shall be submitted in writing to and approved by the LPA of all proposed hard landscaping within the site.  The scheme shall be implemented in accordance with the approved details. No areas of hardstanding shall be implemented other than those approved pursuant to this condition.

To ensure a satisfactory appearance upon completion.

26)       Details of a phased programme of soft landscaping works shall be submitted to and approved in writing by the LPA.  The details for each phase 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)-  programme of implementation. The landscaping shall be undertaken fully in accordance with the approved plans for each phase, and in accordance with the approved programme of implementation.

To ensure a satisfactory appearance upon completion of the site as supported by policy EN1 of the Sevenoaks District Local Plan and policy SP1 of the Core Strategy.

27)       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 ensure a satisfactory appearance of the site in accordance with the provisions of policy EN1 of the Sevenoaks District Local plan.

28)       No satellite dishes or aerials shall be fixed externally to any of the buildings, despite the provisions of any Development Order unless otherwise agreed in writing by the LPA.

To safeguard the appearance of this sensitive site in accordance with the provisions of policy SP1 of the Sevenoaks District Core Strategy.

29)       No extensions, additions, additional windows or other openings, other than those show on the approved plans,  shall be made to the scheme hereby permitted, despite the provisions of any Development Order without the prior written approval of the LPA.

To ensure a satisfactory appearance to this sensitive site in accordance with the provisions of policy EN1 of the SDLP and policy SP1 of the Core Strategy.

30)       No fences, walls or other means of enclosure, buildings, swimming pools or other development forming part of Class E of the Town _ Country Planning (General Permitted  Development ) Order (or any legislation re-enacting that Order) order shall be  constructed without the prior written approval of the LPA.

To ensure the protection of the sensitive historic character of this site  in accordance with the provisions of policies EN1 and EN23 of the SDLP and policy SP1 of the Core Strategy.

31)       No areas of hard standing shall be constructed within the site, other than those approved as part of the permission without the prior written approval of the LPA.

To protect the sensitive character of this sensitive heritage site.

32)       Prior to the first occupation of the development hereby permitted, details shall be submitted in writing to and be approved by the LPA of proposed means of refuse storage other than that within the Cart Sheds. The scheme shall be implemented in accordance with the approved scheme.

To ensure a satisfactory appearance upon completion in accordance with the provisions of policy  EN1 and EN23 of the Sevenoaks District Local Plan and policy SP1 of the Sevenoaks Core Strategy.

33)       Prior to the commencement of development, samples shall be submitted to and approved in writing by the LPA of all the materials, including the colour proposed,  to be used in the construction of the external surfaces of the buildings hereby permitted.  The scheme shall be implemented in accordance with the approved details.

To ensure a satisfactory appearance upon completion in accordance with the provision of policy EN1 of the SDLP and policy SP1 of the Core Strategy.

34)       Within 2 months of the commencement of development, details of all rainwater goods and any external soil or waste pipe and vent pipes have been submitted to and approved in writing by the LPA.  The scheme shall be completed in accordance with the approved scheme.

To ensure a satisfactory appearance upon completion in accordance with the provisions of policy EN1 of the SDLP and policy SP1 of the Core Strategy.

35)       Prior to the installation of any rooflights hereby approved, the manufacturers details shall be submitted to and approved in writing by the LPA, in consultation with English Heritage of the proposed rooflights. The scheme shall be carried out in accordance with the  approved details.

To ensure a satisfactory appearance upon completion in accordance with the provisions of policy EN1 and EN23 of the SDLP and policy SP1 of the Core Strategy.

36)       Notwithstanding the details hereby approved,  details shall be submitted to and approved in writing by the LPA of both proposed footbridges prior the first occupation of the  scheme. The details shall include the siting, design and materials of both bridges.  The scheme shall be completed in accordance with the approved details in accordance with a timetable to be submitted to and approved in writing by the LPA.

To ensure a satisfactory appearance upon completion in accordance with the provisions of policy EN1 of the SDLP and SP1 of the Core Strategy..

37)       No development shall be carried out on the land until door and window details, at a scale of not less than 1:20 have been submitted to and approved in writing by the LPA.  The development shall be carried out in accordance with the approved details

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by policies EN1 of the SDLP and SP1 of the Core Strategy.

38)       Prior to the commencement of development on site, details shall be submitted in writing to and be approved by the LPA of  wheelwashing facilities.  The scheme shall be implemented in accordance with the approved details and shall be permanently retained during the development period.

To prevent the spread of mud to the adjacent public highway.

39)       No site clearance, demolition, construction or associated activities including deliveries, loading, unloading, servicing vehicle parking or the manoeuvring of vehicles shall  be carried out on the premises outside the hours of 0800 and 1800 hours Mondays to 'Saturdays and not at all on Sundays or bank holidays.

To protect the amenities of the nearby residents.

40)       No development shall take place on the site until a report detailing the investigation and recording of any contamination within the site has been submitted to and approved in writing by the LPA.  This would include detailed proposals for the means of removal, containment or otherwise rendering harmless such contamination and in the event such works are required the submission of a post development report to verify that the required works regarding contamination have been carried out in accordance with any approved method statement.  The scheme shall be carried out in accordance with the approved details.

In the interests of pollution prevention and safety.

41)       Within 3 months of the commencement of development, details shall be submitted to and approved in writing by the LPA in consultation with the  Environment Agency  of any proposed solar panels, water source heat pumps and the proposed water driven turbine. The scheme shall be carried out in accordance with the approved details.

To ensure an acceptable impact upon the character and heritage significance of this site as a result of the proposed works.

42)       The development hereby permitted shall be carried out in accordance with the following approved plans: Site Plan (as amended), FARN/PL-10-001,002B, FARN/PL-10-004F, 05D,006A, 007A, 010D, FARN/PL-13-001 Rev A,002,003C,004C,005D, FARN/PL-13-046, 047B, FARN/PL-13-050 RevA,051A,052C,053C054,056B, FARN/PL-13-060,061F,065G,067D,068D, FARN/PL-13-071C, 072B, FARN/PL-13-057,058, G3620-CH-E,G,1, G3620-MH-B,E,G,M,1,2, G3620a-1

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

43)       No occupation shall take place prior to details being agreed and works carried out to the satisfaction of the Highway Authority, Kent County Council and Sevenoaks District Council at the tie-in between the vehicular access to the site and the High Street. These works will include a revised surface treatment required to better define the edge of carriageway in the High Street and associated location of the give way marking which in turn will improve junction visibility to the south.

To improve visibility and highways safety at the entrance to the site.

44)  Prior to the commencement of any works to the  Counting House, Carriage House, Stables, Gardeners Cottage and Coach House details shall be submitted in writing to and approved by the LPA in consultation with English Heritage and the Environment Agency of the proposed means of flood protection to the walls of these buildings.  The scheme shall be carried out in accordance with the approved details.

To ensure the proposed development is in harmony with the existing listed building. 

45)  Prior to the commencement of works to the Folly, a full schedule of works required to ensure its full restoration shall be provided in writing to and approved in writing by the Local Planning Authority in consultation with English Heritage.  Work shall be implemented in accordance with the approved details.

To ensure that the proposed works are in harmony with the listed building.

46)  Prior to the commencement of works to the Cow Shed and the greenhouse (within the walled garden) details shall be submitted to and approved in writing by the LPA of the extent of the works proposed.  The scheme shall be carried out in accordance with the approved plans.

To ensure a satisfactory appearance upon completion.

47) No occupation of the individual units shall take place until the following windows have been glazed with obscured glass:

-          The second floor  rear facing windows in Tiger cottages

-          The lower half of the ground floor flank dining room windows in Tiger cottages

-          The lower half of the first floor flank study windows in Tiger Cottages

-          All first floor flank windows to unit 1 Lion Yard

-          The first floor flank study and bathroom windows to both units 2 & 3 Lion Yard

-          The flank second floor window to unit 3 Lion Yard

To ensure the privacy of the adjacent residents in accordance with the  provisions of policy EN1 of the SDLP.

Informatives

1)         In connection with Condition 5, the relevant sections of the EA Hydraulic model can be made available for reference and for re-use for external parties through the EA's charging and licensing for Flood Risk Information Procedure.  Please note the sliding scale of fees applicable to this type of information and that the EA can advise of the potential cost of obtaining modelling data.

2)         You are advised that in respect of condition 12 a weir structure or similar is considered an appropriate means of ensuring water flow into the leat can be increased at times of flood.  Such details shall be covered by an application to the Environment Agency for  Flood Defence Consent under the terms of Section 109 of the Water Resource Act 1991.

3)         You are advised that in connection with condition 15, any external lighting should, as far as possible, be low or zero UV installations. Lighting should include light shades to reduce the impact upon bats, should only see to illuminate ground floor areas and should not include lamps greater than 2000(150w) lumens.  Lights should not be  directed at or close to any bat roost , access points or flight paths and should not illuminate any brick bats and boxes placed on buildings or trees.

4)         Care should be taken during and after construction to ensure that all fuel, oils and any other potentially contaminating materials shall be stored so as to prevent accidental discharge into the ground.  The area of storage shall not drain to any surface water system.

5)         Where it is proposed to store more than 200 litres of any type of oil it must be stored in accordance with the control of pollution (Oil Storage)(England) Regulations 2001.  Drums and barrels can be kept in drip trays if the drip tray is capable of retaining 25% of the oil.

6)         You are advised to upgrade the drainage systems of the existing cottages on site as part of the works hereby approved to ensure that they do not rely upon a mixed rainwater/foul water sewage system.

Members thanked the Officer for her comprehensive report.