Conversion of an existing barn into a new 4-bedroom dwelling with associated parking, amenity space and landscaping.

The proposal sought planning permission for the Conversion of an existing barn into a new 4-bedroom dwelling with associated parking, amenity space and landscaping.

The application had been referred to the Committee by Councillor McGarvey due to concerns about the standard of living for future occupiers of the proposed development and the impact on amenity as a result of noise and disturbance from the nearby kennels.

Members’ attention was brought to the main agenda papers.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the Speaker and Officer.

It was confirmed that special ventilation and an acoustic fence would be implemented to alleviate any noise concerns from the kennels.

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

Members discussed the proximity of the proposed development to the Kennels. And the sewage and water extraction plans. Some Members expressed concern as to the safety and source of water extraction for the site.

It was moved and duly seconded that condition 19 be amended to read prior to commencement.

The motion was put to the vote and was agreed.

Debate continued on the substantive motion.

The substantive 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)     Prior to the installation of any new external facing materials to the building, details of the materials and finishes to the external facades of the building shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved details.

To preserve the character and appearance of the area in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

3)     The development hereby permitted shall be carried out in accordance with the following approved plans and details: Drawing No. DHA/16071/01, DHA/16071/11 Rev A, DHA/16071/12 Rev A, DHA/16071/13 Rev A and DHA/16071/14.

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

4)     Prior to the first occupation of the development, full details of hard and soft landscaping across the site, including any boundary fencing and hard surfacing, shall be submitted to and approved in writing by the Local Planning Authority. All soft landscaping shall be implemented not later than the first planting season following the first occupation of the development. All hard surfaces shall be laid in accordance with the approved details prior to the first occupation of the development.

To preserve the character and appearance of the area in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

5)     No demolition/construction activities shall take place other than from 08:00 hours until 18:00 hours (Monday to Friday) and from 08:00 hours until 13:00 hours (Saturday) with no noisy work on Sunday or Bank/Public Holidays.

To protect the amenity of local residents, in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

6)     The development hereby approved shall be carried out in accordance with the recommendations set out in the Noise Impact Assessment dated January 2022 and produced by Omnia.

To protect the amenity of future occupiers, in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

7)     Bedroom 2 of the development hereby approved shall incorporate alternative ventilation to achieve a minimum attenuation performance of 24dB+ Ctr, in accordance with section 5.2 of the Noise Impact Assessment (dated January 2022 and produced by Omnia).

To protect the amenity of future occupiers, in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

8)     Prior to the commencement of the development, full details of the acoustic fence shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall demonstrate that the acoustic fence will meet the criteria detailed in section 5.1 of the Noise Impact Assessment (dated January 2022 and produced by Omnia).

To protect the amenity of future occupiers, in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

9)     Prior to first occupation of the development, acoustic testing shall be undertaken by a competent person. The findings of the acoustic testing shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that the noise levels detailed in table 4 at paragraph 7.7.2 of BS 8233:2014 are met.

To protect the amenity of future occupiers, in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

10)  Prior to commencement of the development hereby approved, a phased contaminated land investigation of the site shall be carried out and submitted to and approved in writing by the Local Planning Authority. This shall comprise of 1. A Preliminary Risk Assessment which has identified: all previous (historical) uses; potential contaminants associated with those uses; a conceptual model of the site indicating sources, pathways and receptors; potentially unacceptable risks arising from contamination at the site; 2. A Site Investigation Scheme, based on (1) above, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site; 3. An options appraisal and remediation strategy, based on the Site Investigation Scheme and the detailed risk assessment. (2), giving full details of the remediation measures required and how they are tobe undertaken. On completion of all remediation works, the applicant shall submit 4. A Verification Report demonstrating that all remedial works were undertaken to an appropriate standard. The report shall also identify any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. The development shall be carried out in accordance with the approved details.

In the interests of pollution prevention and safety and to safeguard the amenities of residents, in accordance with the policy EN2 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

11)  If during development, any visible contaminated or odorous material, (for example, asbestos containing material, stained soil, petrol / diesel / solvent odour, underground tanks or associated pipework) not previously identified, is found to be present at the site, no further development (unless otherwise expressly agreed in writing with the Local Planning Authority) shall be carried out until it has been fully investigated using suitably qualified independent consultant(s). The Local Planning Authority must be informed immediately of the nature and degree of the contamination present and a method statement detailing how the unsuspected contamination shall be dealt with must be prepared and submitted to the Local Planning Authority for approval in writing before being implemented. If no such contaminated material is identified during the development, a statement to this effect must be submitted in writing to the Local Planning Authority prior to the first occupation of the development.

In the interests of pollution prevention and safety and to safeguard the amenities of residents, in accordance with the policy EN2 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

12)  Prior to the first occupation of the development, the parking spaces shown on drawing no. DHA/16071/11 (Rev A) shall be provided in full and shall be so maintained and available for use as such at all times.

To ensure the development delivers appropriate parking provision in accordance with policy EN1 and T2 of the Sevenoaks Allocations and Development Management Plan.

13)  Prior to first occupation of the development, details of an electrical vehicle charging point shall be submitted to and approved in writing by the local planning authority. The charging point shall be installed prior to the first occupation of the development and shall be maintained thereafter.

To encourage the use of low emission vehicles in accordance with policy T3 of the Sevenoaks Allocations and Development Management Plan.

14)  No development, including any works of demolition or preparation works prior to building operations, shall take place on the site until a Construction Transport Management Plan has been submitted to and approved in writing by the Local Planning Authority. The approved statement will be adhered to throughout the construction period and shall include details of: (a) a photographic survey of Public Byway SD158 from the junction with Canada Farm Road to the entrance to the site;(b) parking for vehicles of site personnel, operatives and visitors;(c) loading and unloading of plants and materials; (d) storage of plant and materials used in constructing the development and (e) measures for traffic management.

To mitigate the impact during demolition and construction relating to the safety and free flow of the Public Right of Way Byway SD158 and residential amenities, in accordance with policies EN1 and EN2 of the Sevenoaks Allocations and Development Plan and the National Planning Policy Framework.

15)  Prior to the commencement of the development (including site clearance), all precautionary mitigation measures will be carried out in accordance with the details contained in sections 2.1 through to 2.18 of the Ecological Impact Assessment (Native Ecology December 2021). To ensure the development does not cause harm to protected species, in accordance with policy SP11 of the Sevenoaks Core Strategy.

16)  No external lighting shall be installed on the building or within the curtilage of the site other than in accordance with an external lighting design plan which shall first have been submitted to the Local Planning Authority and approved in writing. The plan will show the type and locations of external lighting, demonstrating that areas to be lit will not adversely impact biodiversity. All external lighting will be installed in accordance with the specifications and locations set out in the plan and will be maintained as such thereafter.

To ensure the development does not cause harm to protected species, in accordance with policy SP11 of the Sevenoaks Core Strategy.

17)  Prior to the first occupation of the development, details of an ecological enhancement plan shall be submitted to and approved in writing by the Local Planning Authority. This will include a native species-only landscape scheme. The development shall be carried out in accordance with the approved details and maintained thereafter. To ensure the development delivers ecological enhancements in accordance with policy SP11 of the Core Strategy.

18)  If foul water drainage is to a non mains system, prior to the commencement of the development a scheme for the proposed drainage arrangement shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include full details regarding the non - mains foul water drainage system. This shall include: a schematic diagram of the proposed foul drainage system, the total accommodation / buildings (including number of bedrooms to the property) that will use the existing or proposed system, drainage field / soakaway, estimated daily flow, capacity of the septic tank. The approved scheme must be implemented in full prior to occupation and maintained thereafter.

In the interests of public health, in accordance with the aims of the National Planning Policy Framework.

19)  If the proposed development is to source water from a non mains supply, prior to commencement the applicant must submit a report from a suitably qualified and competent person which identifies the source of the private water supply, the proposed treatment process and demonstrates the capability of the treatment system to achieve a sufficient and wholesome supply of water in accordance with Regulation 4 of the Private Water Supplies (England) Regulations 2016 (as amended). Once agreed in writing with the local planning authority, the treatment system must be installed and the water sampled prior to first occupation of the development, to ensure that the water is wholesome and safe to drink.

In the interests of public health, in accordance with the National Planning Policy Framework.

20)  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any Order revoking or re-enacting those orders), no development falling within Classes A, AA, or E of Part 1 of Schedule 2 to the said Order shall be carried out or made to the dwelling without the grant of planning permission by the local planning authority.

In order to protect the openness of the Metropolitan Green Belt in accordance with Policy GB1 of the Sevenoaks Allocations and Development Management Plan.