The proposal was for the development of the site with 13 dwellings, including 4 affordable dwellings, consisting of a mixture of two storey detached, link detached semi-detached and terraced dwellings arranged around a shared access leading from Hollow Trees Drive. The proposal additionally included the demolition and replacement of the existing garage serving The Cottage, Powder Mill Lane. Hollow Trees Drive will increased to a width of 3.5m with 3 no. 6m wide passing bays.

Officers considered that the proposal was acceptable in its current form except that, in the absence of a section 106 agreement, the proposal failed to secure on-site affordable housing in accordance with SP3 and fails to secure necessary developer contributions.

The site was within the built confines of Leigh and part of the drive was in the Green Belt.

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

The Committee was addressed by the following speakers:

            Against the Application:        Claire Denison

            For the Application:               Lucy Stone

            Parish Representative:          -

            Local Member:                       -

Officers responded to Members questions. They stated they did not believe the allotments had been statutory allotments. The density across the site as a whole was 23 dwellings per hectare and 25 per hectare if the road were excluded.

A Member felt the access route was too narrow. Another suggested that a narrow road would assist in reducing speed.

It was MOVED was duly seconded that the 2 recommendations in the report be adopted. The motion was put to the vote and there voted –

12 votes in favour of the motion

2 votes against the motion

Resolved:

a)    That, subject to receipt of a signed and valid S106 Obligation to secure on-site affordable housing and the necessary developer contributions on or before 2 August 2012, authority be delegated to the Community and Planning Services Director to GRANT planning permission 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 and 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 Local Planning Authority. 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 in accordance with EN1 of the Local Plan and as supported by the National Planning Policy Framework.

3.    No development shall be carried out on the land until full details of soft and hard landscaping works have been submitted to and approved in writing by the Local Planning Authority.  Those details shall include:- details of proposed hard surfaces, including details of the proposed resurfacing and widening of Hollow Trees Drive and internal roads, pathways, driveways and patios. The details provided shall include a schedule of the materials to be used on the finished surface. The details provided shall, as far as is reasonably practicable, include an enlarged turning area for refuse and delivery vehicles. -planting plans (identifying existing planting, plants and trees to be retained and new planting);- details of pruning and works to retained hedges. -a schedule of new plants and trees (noting species, size of stock at time of planting and proposed number/densities); and-a programme of implementation. The details submitted shall detail the treatment of the area to the north of the repositioned boundary to The Cottage, Powder Mill Lane. Soft and hard landscaping shall be carried out before the first occupation of any of the dwellings hereby approved or otherwise in accordance with the agreed programme of implementation. 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 safeguard the visual appearance of the area and in the interests of highways safety and convenience in accordance with EN1 of the Local Plan and SP1 of the Core Strategy.

4.    No development shall commence until an updated tree survey for Hollow Trees Drive and a scheme for tree protection has been submitted to and approved in writing by the Local Planning Authority. Where necessary, the scheme shall include details of tree pruning. The development shall be carried out in accordance with the approved scheme.

To ensure the retention and long term health of trees in accordance with EN1 of the Local Plan.

5.    No development shall commence until full details of boundary treatments (including the reconstructed wall to the northern boundary of The Cottage, Powder Mill Lane) have been submitted to and approved in writing by the Local Planning Authority. The details provided shall include details of retained and proposed boundary treatments, their heights and the materials used in their construction. Boundary treatments shall be erected and provided in complete accordance with the approved details prior to the first occupation of any of the dwellings hereby approved.

To safeguard the character and appearance of the area in accordance with EN1 of the Local Plan.

6.    No dwelling to be occupied until kerb build-outs have been constructed in Powder Mill Lane adjacent the junction with Hollow Trees Drive in accordance with revised details to be submitted to and agreed in writing by the Local Planning Authority. The build-outs must be between 0.3 metres and 0.35 metres wide and tapered at an angle of no steeper than 1-in-60.

In the interests of highways safety in accordance with EN1 of the Local Plan.

7.    Prior to the first occupation of any of the dwellings hereby approved, passing places shall be fully laid out and provided along Hollow Trees Drive in accordance with drawing no 03/001 Rev.D, or as otherwise approved in writing by the Local Planning Authority.

In the interests of highways safety and convenience in accordance with EN1 of the Sevenoaks Local Plan.

8.    No dwelling is to be occupied until a 2.4metre x 54 metre visibility to the west has been provided where HollowTrees Drive meets Powder Mill Lane in accordance with drawing 03/001 Rev D. This visibility splay is to be maintained free from any obstruction over 1 metre height at all times.

In the interests of highways safety and convenience in accordance with EN1 of the Local Plan.

9.    Prior to the commencement of the development, details of internal pedestrian and vehicular visibility splays (where shared driveways meet the shared access road) shall be submitted to and approved in writing by the Local Planning Authority. Internal visibility splays shall be provided prior to the first occupation of any of the dwellings hereby approved. Pedestrian and vehicular visibility splays shall be kept clear of obstructions over 0.6m and 1m in height respectively.

In the interests of pedestrian and highways safety in accordance with EN1 of the Local Plan.

10.  No freestanding street lights shall be erected or provided at any time within the site.

In the interests of visual amenity and to preserve the character and appearance of the area in accordance with EN1 of the Local Plan and SP1 of the Core Strategy.

11.  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.

In the interests of environmental sustainability and reducing the risk of climate change in accordance with SP2 of the Core Strategy.

12.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended), no window(s) or other opening(s), other than those shown on the approved plans, shall be inserted at any time:- within the west facing flank of bedrooms 2 and 3 in plot 1, - at or above first floor level in the west facing elevation of plot 11, - at or above first floor level in the east facing flank of plot 13.

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

13.  Notwithstanding the details submitted within the application, the following windows shall be obscure glazed and fixed shut at all times, with the exception of any high level light(s) (above 1.7m above internal floor level):- The west facing upper floor landing window to plot no.11, and - The east facing upper floor landing window to plot no. 13.

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

14.  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 Local Planning Authority. Foul and surface water drainage systems shall be provided in complete accordance with the approved details prior to the first occupation of  any of the dwellings hereby approved.

To ensure adequate drainage and reduce the risk of localised flooding in accordance with guidance contained within the NPPF.

15.  No development shall be commenced until:

a) a site investigation has been undertaken to determine the nature and extent of any land contamination; and

b) the results of the investigation, together with an assessment by a competent person and details of a scheme to contain, treat or remove any contamination, as appropriate, has been submitted to and approved in writing by the Local Planning Authority. The assessment and scheme shall have regard to the need to ensure that contaminants do not escape from the site to cause air and water pollution or pollution of adjoining land. The scheme shall include details of arrangements for responding to any discovery of unforeseen contamination during the undertaking of the development hereby permitted, including a requirement to notify the Local Planning Authority of the presence of any such previously unidentified contamination. Prior to the first occupation of any part of the development hereby permitted;

c) the approved remediation scheme shall be fully implemented insofar as it relates to the part of the development occupied; and

d) a certificate shall be provided to the Local Planning Authority by a responsible person stating that remediation has been completed and the site is suitable for the permitted use. Thereafter, no works shall take place within the site such as to prejudice the effective of the approved scheme of remediation.

In the interests of amenity and public safety in accordance with the NPPF.

16.  Prior to the commencement of the development a full reptile survey shall be carried out and a full report including proposed mitigation measures (as necessary) shall be submitted to and approved in writing by the Local Planning Authority. Mitigation measures shall be carried out in complete accordance with the approved details.

In the interests of biodiversity and ecological conservation in accordance with the recommendations of the NPPF.

17.  Notwithstanding the requirements of condition 16 above, the development shall be carried out in complete accordance with the mitigation measures outlined in paragraphs 4.8, 4.9 and 4.11 of the 'Tom la Dell' ecology survey dated April 2012 and submitted with this application.

In the interests of biodiversity and ecological conservation in accordance with the recommendations of the NPPF.

18.  The development hereby permitted shall be carried out in accordance with the following approved plans: 1:1250 'Promap' site location plan received 24/4/12, 325/01, 325/P1.01, P1.02, P2.01, P2.02, P3-4.01, P3-4.02, P5.01, P5.02, P6.01, P6.02, P7.01, P7.02, P8.01, P8.02, P9.01, P9.02, P10.01, P10.02, P11-13.01, P11-13.02, Ga.01, Ga.02, Ga.0303/001 Rev.D, 03/002 Rev.B and 1028/12/5.

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

Informatives

1.         Works on Powder Mill Lane and at the entrance to Hollow Trees Drive will need to be carried out under a section 278 agreement (or letter of agreement) with the highway authority.

2.         You are advised that a formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Atkins Ltd, Anglo St James House, 39A Southgate Street, Winchester, SO23 9EH (tel.01962 858688).

3.    You are advised that details submitted pursuant to conditions 3 and 5 should show the formation of a hedge to the eastern boundary of the site (with post and rail fence as necessary) and should as far is reasonably practicable show the retention and management of the hedge to the southern boundary of the site.

b)    Failing the receipt of an acceptable s.106 agreement to provide affordable housing and the relevant contributions on or before 2 August 2012, that planning permission be refused for the following reason:

The proposal fails to make adequate provision for affordable housing contrary to Policy SP3 of the Sevenoaks Core Strategy and fails to provide necessary contributions towards new / improved community and social infrastructure contrary to Policy SP9.