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Minutes of the meeting of the Committee held on 7 April 2011 Minutes: Resolved: That the minutes of the meeting of the Development Control Committee held on 7 April 2011 be approved and signed by the Chairman as a correct record. |
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Declarations of interest or predetermination Minutes: Cllr. Williamson declared a personal interest in respect of item 5.10 SE/10/03498: 91 High Street and The Shambles, Sevenoaks as his business abutted the Shambles. However the item was not discussed and it was not necessary for him to withdraw from the meeting.
Cllrs. Brookbank declared a personal interest in item 5.14 SE/11/01076/TELNOT: Land South if Service Station, London Road, Swanley as a dual hatted member of both the District Council and Swanley Town Council which had already expressed views on the matter.
Cllr. McGarvey declared a personal interest in items 5.08 SE/11/00774/FUL and 5.09 SE/11/00775/LBCALT: Hodsoll House, High Street, Farningham, Dartford as a dual hatted member of both the District Council and Farningham Parish Council which had already expressed views on the matter. He stated that the Town Council’s views were not binding and he would be considering the matters afresh but made it clear he would not vote on the issue.
Cllr. Piper declared a personal interest in items 5.08 SE/11/00774/FUL and SE/11/00775/LBCALT: Hodsoll House, High Street, Farningham, Dartford as a dual hatted member of both the District Council and Sevenoaks Town Council which had already expressed views on the matter.
Cllr. Underwood declared a personal interest in item 5.14 SE/11/01076/TELNOT: Land South if Service Station, London Road, Swanley as a dual hatted member of both the District Council and Swanley Town Council which had already expressed views on the matter. |
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Declarations of lobbying Minutes: All Members of the Committee declared that they had been lobbied in respect of item 6.01 - Enforcement of Planning Control: Four Winds, Farley Common, Westerham.
Cllr. Miss. Thornton also declared that she had been lobbied in respect of item 5.03 – SE/11/00370/FUL Fairlawn, Wildernesse Avenue, Sevenoaks.
Cllr. McGarvey also declared that he had been lobbied in respect of item 7.01 - Objection to TPO/01/2011: Crispins, The Street, Horton Kirby, South Darenth. |
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LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 Minutes: The Chairman ruled that additional information received since the despatch of the agenda be considered at the meeting as a matter of urgency by reason of the special circumstances that decisions were required to be made without undue delay and on the basis of the most up to date information available. |
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ORDER OF THE AGENDA Minutes: The Chairman indicated that, with the approval of Members, he would deal first with the tree preservation orders at items 7.01 and 7.02 as the Officer concerned was not involved in any other matters on the agenda. |
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TREE PRESERVATION ORDERS Minutes: 7.01 Objection to TPO/01/2011: Crispins, The Street, Horton Kirby, South Darenth The Committee noted that the Order related to an individual Ash tree located within the garden of Crispins, The Street, Horton Kirby. The report advised that the owner of the property had stated within her objection that the tree was overbearing. The owners also stated that the tree caused all surrounding buildings and furniture to be coated in a green residue that required constant attention. Members were advised that Its removal would be very much noticed and would have a negative affect on the local landscape. Any problem of restriction of light and overhanging branches could be overcome by sensibly pruning the canopy of this tree. The Local Member was concerned by its proximity to the house given its size. He informed the Committee that the house predated the tree. The Arboricultural and Landscape Officer told Members that there was potential for pruning, possibly of 30%, which could last 5 or 6 years. He was prepared to give free advice on the matter to the owners of the property. Resolved: That the Tree Preservation Order No. 1 of 2011 be confirmed without amendments. Informatives The Arboricultural and Landcape Officer is invited to discuss acceptable pruning of the tree with the property owner. 7.02 Objection to TPO/206/2011: 14 Woodlands Rise, Swanley The committee noted that the order related to an individual oak tree located within the garden of 14 Woodlands Rise, Swanley. The report advised that an objection was received on the grounds that this tree had damaged the boundary wall between two properties damage. Members were advised that it was beyond dispute that damage had occurred to the boundary wall. No evidence had been provided to prove that the tree was the cause of the damage but given the proximity of the tree to the wall, it was extremely likely. They were also advised that the tree’s removal would be very much noticed and would have a negative affect on the local landscape. Objections could be overcome by the submission of an application to carry out periodic pruning works. Some Members were concerned by the size of the tree. The Arboricultural and Landscape Officer recommended that it be pruned. Resolved: That the Tree Preservation Order No. 6 of 2011 be confirmed without amendments. |
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UNRESERVED PLANNING APPLICATIONS Minutes: There were no public speakers against the following items. Therefore, in accordance with Part 7 3.5(e) of the constitution, the following matters were considered en bloc:
Item 5.01 - SE/11/00470/FUL Green Coppers, Wildernesse Avenue, Sevenoaks The report advised that permission was now sought for a further amendment to the original planning permission (SE/08/00930/FUL), as later amended, for a glazed link extension of between the main body of the dwelling and the adjoining garage. The addition was a conservatory style element with glazed pitched roof. It was MOVED by the Chairman that the recommendation in the report be adopted. Resolved: SE/11/00470/FUL: That planning permission be GRANTED subject to the following conditions: 1) All doors and windows shall be constructed in accordance with the detailed drawings submitted under SE/08/02305, unless agreed otherwise in writing by the local planning authority. To ensure that the appearance of the development enhances the character and appearance of the area as supported by Policy EN1 and EN23 of the Sevenoaks District Local Plan. 2) Soft landscape works shall be undertaken in accordance with the details approved under SE/08/02411 unless agreed otherwise in writing by the local planning authority. To safeguard the visual appearance of the area as supported by policies EN1 and EN23 of the Sevenoaks District Local Plan 3) The soft landscape works shall be carried out before the end of the first planting season following completion of the development or first occupation of the dwelling, whichever is sooner. The landscape works shall be carried out in accordance with the approved details. To safeguard the visual appearance of the area as supported by policies EN1 and EN23 of the Sevenoaks District Local Plan. 4) 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 as supported by policies EN1 and EN23 of the Sevenoaks District Local Plan. 5) Tree protection measures shall be undertaken in accordance with the details approved under SE/08/02434 unless agreed otherwise in writing by the local planning authority. The approved protection measures shall be in place before demolition commences and before any equipment, machinery or materials are brought on to the land for the purposes of the development. Protective fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the land. Unless agreed otherwise, within a retained tree protected area: -Levels shall not be raised or lowered in relation to the existing ground level -No roots shall be cut, trenches cut, 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. |
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RESERVED PLANNING APPLICATIONS Minutes: The Committee considered the following planning applications: Item 5.05 – SE/11/00034/FUL 1 Charts Edge Cottage, Hosey Hill, Westerham The report advised that the proposal was for a single storey side and rear extension to the semi detached property. It was noted that the report had been referred to Committee because the recommendation was contrary to the view of the Parish Council and Councillor Bracken wished the Committee to consider the impact upon the existing dwelling and surrounding countryside. Officers stated that the proposed scheme was considered to be acceptable in terms of its design and impact upon both the listed buildings and the surrounding area. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality. It would also lie sufficiently far from any neighbouring houses to protect their amenities. 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: Mr. Peter Waller For the Application: Mr. Adam Penton Parish Representative: Cllr. Phillip Ashley Local Member: Cllr. Mrs. Bracken During consideration of this item Members were reminded that the previous application had only been refused because of an error of calculating size. However, Members particularly raised concerns about the proposed oxidised copper cladding and its possible effect on the streetscene and landscape character of the area. It was MOVED by the Chairman that the recommendation in the report be adopted. The motion was put to the vote and there voted – 1 vote in favour of the motion 14 votes against the motion The Chairman declared the motion to be LOST. It was then MOVED by Cllr. Walshe and duly seconded: “That planning permission be REFUSED for the following reason: The proposed extension by virtue of its flat roof design and material finish would be detrimental to the landscape character of the Area of Outstanding Natural Beauty, detrimental to the streetscene and harmful to the character and setting of the Listed Building contrary to policies BE6 and C3 of the South East Plan, LO8 and SP1 of the Core strategy and EN1 and H6B of the Sevenoaks District Local Plan.” The motion was put to the vote and there voted – 14 votes in favour of the motion 1 vote against the motion Resolved: That planning permission be REFUSED for the following reason: The proposed extension by virtue of its flat roof design and material finish would be detrimental to the landscape character of the Area of Outstanding Natural Beauty, detrimental to the streetscene and harmful to the character and setting of the Listed Building contrary to policies BE6 and C3 of the South East Plan, LO8 and SP1 of the Core strategy and EN1 and H6B of the Sevenoaks District Local Plan.
Item 5.06 – SE/11/00035/LBCALT 1 Charts Edge Cottage, Hosey Hill, Westerham The report advised that the application was for Listed Building Consent for a single storey side and rear ... view the full minutes text for item 8. |
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ENFORCEMENT OF PLANNING CONTROL: FOUR WINDS, FARLEY COMMON, WESTERHAM Additional documents:
Minutes: Members noted that planning permission had been refused and subsequently dismissed on appeal for the retention of a replacement dwelling including a basement double garage and a 2.5m high boundary wall at Four Winds, Farley Common, Westerham. It was noted that the matter was previously presented to Committee on 10 March 2011, when Members authorised the service of an Enforcement Notice. Following receipt of further advice, the measures seeking the complete removal of the brick boundary wall were considered unreasonable, as the owner could erect a brick wall up to 2m in height without the benefit of planning permission.
The Committee considered the expediency of enforcement action to the basement garage and to require the reduction in height of the brick wall to a height not exceeding 2m in height.
Officers stated that they found that the basement garage/store, the associated access ramp and retaining walls and brick boundary represented inappropriate development harmful to the maintenance of the Green Belt and its openness. The works also adversely affected the visual amenities of the Green Belt and this part of the Area of Outstanding Natural Beauty.
Following questions, Officers reminded Members that although the only aspect of the enforcement application to change was the wall, Members still had to consider the matter in full.
A Member believed that the height of the wall would be little over 2m, if at all, on the side of the property, that enforcement would be disproportionate and that enforcement could cause significant damage to the property.
Officers explained that the options in the recommendation would provide Officers with flexibility over how enforcement took place.
Resolved: That authority is to serve an Enforcement Notice, subject to the Head of Legal and Democratic Services agreeing the wording of the terms of the Notice, requiring: (a) the reduction in the height of the brick boundary wall along the eastern boundary to a height not exceeding 2m above ground level. (b) the back filling of the basement garage structure with inert material and permanent closure of any internal access and permanent cessation of uses within the garage. (c) the breaking up and removal of the retaining walls adjacent to the access ramp to the garage and; (i) The restoration of the original ground levels to the front north-eastern corner of the site, or; (ii) The restoration of the original ground levels incorporating the approved parking layout under ref: SE/07/03532/FUL and SE/08/01003/DETAIL, or; (iii) The implementation of an alternative scheme of restoring this part of the site to include a car parking layout, (i.e. not at the original ground level), details of which shall first have been submitted to and approved in writing by the District Planning Authority. Such details to include cross sections (both north-south and east-west), to show the original and proposed levels. For the following reasons: 1 The land lies within the Metropolitan Green Belt where strict policies of restraint apply. The developments comprising the retention of a 2.5m high wall and basement garage ... view the full minutes text for item 9. |