Agenda and minutes

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Items
No. Item

40.

Minutes pdf icon PDF 26 KB

To approve the minutes of the meeting of the Committee held on 28 September, as a correct record.

 

Minutes:

Resolved: That the minutes of the Development Control Committee held on 28 September 2017 be approved and signed by the Chairman as a correct record.

 

 

41.

Declarations of Interest or Predetermination

Including any interests not already registered

Minutes:

Councillor Raikes declared for Minute 46 – 17/02149/FUL Buckhurst 2 Car Park, Buckhurst Lane, Sevenoaks, Kent TN13 1JJ that he had previously considered the matters when it was discussed by Sevenoaks Town Council, but he remained open minded.  He also declared for Minute 47 – 17/02400/FUL Land south of Vine Baptist Church, Park Lane, Sevenoaks, Kent TN13 3UP that as Sevenoaks Town Council owned the land he would not vote on the application, but that he would remain and take part in the debate as he had previously headed a Scrutiny Committee working group looking at car parking in the area and wished to contribute to the debate.

 

Councillor Bosley declared for Minute 48 – 16/02931/FUL Land south of 162 Hever Avenue, West Kingsdown, Kent TN15 6DU that he had previously considered the matter when it was discussed by West Kingsdown Parish Council, but he remained open minded. 

 

42.

Declarations of Lobbying

Minutes:

All Members of the Committee declared that they had been lobbied in respect of: Minute 44 – 17/02111/FUL, Land at Salmans Farm, Salmans Lane, Penshurst, Kent; Minute 45 - 17/02113/FUL, Land at Salmans Farm, Salmans Lane, Penshurst, Kent; and, Minute 47 – 17/02400/FUL, Land south of Vine Baptist Church, Park Lane, Sevenoaks Kent TN13 3UP.

 

Councillors Clark, Hunter, Layland, Purves and Raikes declared that they had been lobbied in respect of Minute 46 – Buckhurst 2 car park, Buckhurst Lane, Sevenoaks, Kent TN13 1JJ.

 

Councillor Bosley declared that he had been lobbied in respect of Minute 48 – 16/02931/FUL, Land south of 162 Hever Avenue, West Kingsdown, Kent TN15 6DU.

Unreserved Planning Applications

 

There were no public speakers against the following item and no Member reserved the item for debate. Therefore, in accordance with Part 7.3(e) of the constitution, the following matter was considered without debate:

 

43.

17/02769/LDCPR - 9 Stanhope Way, Sevenoaks, Kent TN13 2DZ pdf icon PDF 287 KB

Extension to dropped kerb.

Minutes:

The proposal sought an extension to a dropped kerb.  The application had been referred to the Committee as the applicant was related to a member of staff.

Members’ attention was brought to the main agenda papers and the late observations which recommended an additional informative.

Resolved:  That a Certificate of Lawful Development Proposed is granted subject to the following reason and informative -

The proposed extension of the dropped kerb would comply with Schedule 1, Part 2, Class B - 'means of access to a highway' of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

 

Informative

 

1.       The development hereby approved involves works that affect the highway and / or its verge. Before commencing such works, you must obtain the separate consent of Kent County Council - the Highway Authority. Please find further information at: http://www.kent.gov.uk/roads-and-travel/highway-permits-and-licences/apply-for-a-dropped-kerb

 

Reserved Planning Applications

 

The Committee considered the following planning applications:

 

44.

17/02111/FUL - Land at Salmans Farm, Salmans Lane, Penshurst, Kent pdf icon PDF 1 MB

Permanent erection of polytunnels at the land at Salmans Farm, with associated landscaping and ecological enhancements.

Minutes:

The Chairman allowed reading time of the late observations.

The proposal sought permanent erection of polytunnels at the land at Salmans Farm, with associated landscaping and ecological enhancements.Members’ attention was brought to the main agenda papers and late observation sheet which gave further information, made amendments to the report text and recommended conditions and additional conditions.

 

The Committee was addressed by the following speakers:

 

Against the Application:    Tony Jacouris

For the Application:          Thomas Ogden (Agent)

Parish Representative:      Andrew Campbell (Penshurst)

                                      Richard Streatfeild (Chiddingstone)

Local Member:                 Cllr. Coleman

 

Members had no questions of clarification for the speakers.  Members did ask questions of clarification from the officers. Members were advised that it would not be appropriate to grant a third temporary planning permission as the purpose of a temporary permission was to assess any impact and therefore arguably there was no justification for a further temporary permission after 13 years.  Assessment of the impact was judged at the time of the last renewal of the temporary permission.  This included considerations such as whether any complaints had been received, any enforcement action etc.  Officers could not recall any enforcement action in relation to the polytunnels on this site.

 

It was moved by the Chairman and duly seconded that the recommendations within the report as amended by the late observations, be agreed.

 

Members debated the item in full and discussed the usefulness of the site visit to assess operational and visual impact.  It was acknowledged to be a difficult decision, assessing the visual impact on an Area of Outstanding Natural Beauty (AONB) against the economic, social and environmental benefits arising from the scheme. The public response both for and against was also considered. 

 

The motion was put to the vote and it was

 

Resolved:  That planning permission be granted subject to the following conditions

1)   The gross area of fields, outlined in red on approved plan no. 02, containing polytunnels shall not exceed 15 hectares.

      To safeguard the visual appearance of the area as supported by Policies EN1, EN5 of the Sevenoaks Allocations and Development Management Plan.

2)   The polytunnels structures hereby permitted shall not be covered other than between 1st March to 1st November of each calendar year. Outside of the time periods specified above the polythene or any other covering used shall be removed from the frames and stored.

      To safeguard the visual appearance of the area as supported by Policies EN1, EN5 of the Sevenoaks Allocations and Development Management Plan.

3)   None of the polytunnels hereby permitted shall exceed 4.3m in height from existing ground level.

      To safeguard the visual appearance of the area as supported by Policies EN1, EN5 of the Sevenoaks Allocations and Development Management Plan.

4)   Vehicular access to the site shall be by vehicles no larger than a Class 5 coach and transport of produce shall be by vehicles having a maximum gross weight of no more than 7.5 tonnes.

      In the interests of highway and pedestrian safety as supported by policy EN1 of the  ...  view the full minutes text for item 44.

45.

17/02113/FUL - Land at Salmans Farm, Salmans Lane, Penshurst, Kent pdf icon PDF 346 KB

Change of use of land for the stationing and storage of rural worker caravans overwinter and the provision of associated hardstanding, drainage and landscaping.

Minutes:

The proposal sought a change of use of land for the stationing and storage of rural worker caravans over winter and the provision of associated hardstanding, drainage and landscaping. 

Members’ attention was brought to the main agenda papers and late observation sheet which gave further information and made amendments to condition 3 within the report.  The Chairman checked that everyone present had had sufficient time to read the late observations.

The Committee was addressed by the following speakers:

 

Against the Application:    Mr. J. P. Quirk

For the Application:          Thomas Ogden (Agent)

Parish Representative:      Andrew Campbell (Penshurst Parish Council)

Local Member:                 Cllr. Coleman

 

Members had no questions of clarification for the speakers but asked questions of clarification from the officers. In response to questions, the siting and use of the caravans was clarified.  It was confirmed that condition 8 covered the fact that the use of the caravans was in association with the agriculture of the adjoining agricultural unit and for no other purpose; and condition 9 required restoration of the site after cessation of the use.  Members were advised that it would be in line with the previous temporary permissions to add condition 5 from the previous report for 17/02111/FUL which related to access, and that there was no reason why a parking condition could not be imposed but it would need to be justifiable.

 

It was moved by the Chairman and duly seconded that the recommendations in the report as amended by the late observations along with the addition of a new condition 11 (condition 5 from 17/02111/FUL as discussed above) concerning access from the south east, be agreed.

 

Members discussed the character of the area, need and function of the site and noted it was screened and limited the number of caravans.

 

The motion was put to the vote and it was

 

Resolved:  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)     The caravans shall not be brought onto the land until full details of soft landscape works have been submitted to and approved in writing by the local planning authority. Those details 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); and a programme of implementation. The local planning authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted. The approved details shall be implemented within the first planting season after approval.

To safeguard the visual appearance of the area as supported by Policies EN1, EN5 of the Sevenoaks Allocations and Development Management Plan.

 

3)     If within a period of five years from the implementation of the development, any  ...  view the full minutes text for item 45.

At 8.53 p.m. the Chairman adjourned the Committee for the convenience of Members and Officers. The meeting resumed at 9.00 p.m.

 

46.

17/02149/FUL - Buckhurst 2 Car Park, Buckhurst Lane, Sevenoaks, Kent TN13 1JJ pdf icon PDF 3 MB

Proposed development of a multi-decked car park, ten townhouses and associated landscaping, including ground remodelling and landscaping to Environmental Park.

 

Minutes:

The proposal sought planning permission for a proposed development of a multi-decked car park, ten townhouses and associated landscaping, including ground remodelling and landscaping to Environmental Park.  The application had been referred to the Committee as the Council was the applicant.

Members’ attention was brought to the main agenda papers and late observation sheet which amended the recommended conditions and recommendation within the report.

The Committee was addressed by the following speakers:

 

Against the Application:    Roger Francis (Buckhurst Avenue RA)

For the Application:          Matthew Blythin (Agent)

Parish Representative:      -

Local Member:                 Cllr. Clack

                                      Cllr. Fleming

 

Members had no questions of clarification for the speakers. Members asked questions of clarification from officers.  Officers confirmed that the angle of light testing had been carried out along properties 1 – 13 Buckhurst Avenue.  It was also clarified that the 21m rule only applied between residential properties and therefore did not apply here.  Comments were made to the mitigation elements of the design with regard to any potential car headlight disturbance.

 

It was moved by the Chairman and duly seconded that the recommendations within the report as amended by the late observations, be agreed.

 

Members discussed the application including the need and economic benefit to the town; whether the size and location was acceptable; and the balance between the significant benefit and its impact on residential properties, surrounding roads and Knole Park.

 

The motion was put to the vote and it was

 

Resolved:  That

 

a)     planning permission be granted subject to the following conditions and a legal agreement to secure the affordable housing contribution -

 

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 samples of the materials to be used in the construction of the external surfaces of the car park and residential units 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.  The local planning authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted.

To ensure that the appearance of the development enhances the character and appearance of the local area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

3)     No development shall commence until the tree protection measures have been installed in full, as set out in the Arboricultural Implications Assessment by AGB Environmental dated the 5 September 2017. The approved measures shall be retained on site for the duration of the development, and no works, storage or activities within a protected area shall take place unless specifically set out in the above report or agreed in writing by the local planning authority.

To protect existing trees on site, in order to safeguard the character  ...  view the full minutes text for item 46.

47.

17/02400/FUL - Land south of Vine Baptist Church, Park Lane, Sevenoaks, Kent TN13 3UP pdf icon PDF 417 KB

Change of use of land for long stay car parking for a period of up to 18 months from January 2018.

Minutes:

The Chairman allowed a few minutes reading time to ensure all present had had the opportunity to read the late observations.

The proposal sought a change of use of land for long stay car parking for a period of up to 18 months from January 2018.  The application had been referred to the Committee as the Council was the applicant for the submitted scheme.

Members’ attention was brought to the main agenda papers and late observation sheet which gave further information but made no amendments to the recommendations within the report.

The Committee was addressed by the following speakers:

 

Against the Application:    Jacquie Andrews (Vine Preservation Association)

For the Application:          Matthew Blythin (Agent)

Parish Representative:      -

Local Member:                 Cllr. Parson

 

Members asked questions of clarification from the speakers and officers in relation to impact on tree roots and returning the site to its former use. In response to questions Members were advised that it was a question of impact on the conservation area versus public benefit as the harm identified would be less than substantial harm under the NPPF assessment of harm to a heritage asset.  The only earthworks would be in relation to the changes to the access, which would be restored when the temporary car park use ceased.

 

At 10.24 p.m. it was moved by the Chairman that, in accordance with rule 16.1 Part 2 of the Constitution, Members extend the meeting beyond 10.30 p.m. to enable the Committee to complete all the business on the agenda.

 

The motion was put to the vote and it was agreed.

 

It was moved by the Chairman and duly seconded that the recommendations within the report, be agreed.

 

Members discussed the issues raised within the report and at the meeting, and considered the balance to be made between the impact of the temporary permission and the public benefit.

 

The motion was put to the vote and it was

 

Resolved:  That planning permission be granted subject to the following conditions -

1)   This planning permission is granted for a temporary period up until 30th June 2019. By the date this permission expires, the temporary car park surfacing, asphalt vehicular access and associated works shall be removed, the site shall be restored in accordance with a scheme of restoration that has been submitted to and approved in writing by the local planning authority and the use of the site shall return to its former use.

To reflect the temporary nature of the development and in order to safeguard the longer term function of the land as allocated open space, in accordance with policy GI2 of the Sevenoaks Allocations and Development Management Plan.

2)   The development hereby permitted shall be carried out in accordance with the following approved plans: 10485-T-01 Rev.P3 and 10485-T-01 Rev.P3.

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

3)   No development shall be carried out on the land until full details of the surfacing of the temporary car park have been submitted to and approved  ...  view the full minutes text for item 47.

At 10.32 p.m. the Chairman adjourned the Committee for the convenience of Members and Officers. The meeting resumed at 10.40 p.m.

 

48.

16/02931/FUL - Land South of 162, Hever Avenue, West Kingsdown, Kent TN15 6DU pdf icon PDF 374 KB

Construction of a new 4/5 bedroom detached chalet bungalow with integral garage.

Minutes:

The proposal sought planning permission for construction of a new 4/5 bedroom detached chalet bungalow with integral garage.  The application had been referred to the Committee as the Council was both the applicant and the landowner of the application site.

Members’ attention was brought to the main agenda papers.

The Committee was addressed by the following speakers:

 

Against the Application:    Mrs. Ramsey

For the Application:          David Budden (Agent)

Parish Representative:      -

Local Member:                 -

 

Members asked questions of clarification from the officers. Members were reminded that the application needed to be considered afresh.  The Council’s solicitor advised Members that matters of property law were not material planning considerations and easements did not provide ownership rights. 

 

It was moved by the Chairman and duly seconded that the recommendations within the report, be agreed.

 

Members discussed the application and issues raised, including the impact of potential noise nuisance in the area.

 

The motion was put to the vote and it was

 

Resolved:  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)   The development hereby permitted shall be carried out in accordance with the following approved plans: 5335-PD-01/B; 02, Acoustic Assessment (by Able Acoustics, dated August 2016), Reptile Survey Report (dated 21 April 2016 / Ref. 2016/02/09), Preliminary Ecological Appraisal (dated 20 October 2015 / Ref. 2015/10/03), Arboricultural Method Statement (dated 22 October 2015), Tree Protection Plan, Design and Access Statement.

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

3)   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 dwelling 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 as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan. The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted.

4)   Notwithstanding the details shown on the hereby approved plans a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority prior to any superstructure works commencing on site. The landscaping scheme shall include the following details: a)    soft plantings, including trees, grass and turf areas, shrub and herbaceous areas; their location, species (use of native species where possible) and size; b)enclosures: including types, dimensions and treatments of boundaries (including a more appropriate boundary treatment to the front of the approved dwellings), walls, fences, pedestrian and vehicular gates, screen walls, barriers, rails, retaining walls and location, species and size of hedges; c)  ...  view the full minutes text for item 48.

 

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