Demolition of a dilapidated large outbuilding within the curtilage of Dairy House and the creation of a new dwelling

The proposal was for demolition of a dilapidated large outbuilding within the curtilage of Dairy House and the creation of a new dwelling.  It had been referred to Committee by Councillors Lowe and Edwards-Winser due to concerns about the proposed development being contrary to policy GB7 of the Allocations and Development Management Plan.

Members’ attention was brought to the main agenda papers and the late observation sheet which did not amended the recommendation before the Committee.

The Committee was addressed by the following speakers:

Against the Application:        -

For the Application:               Rob Ranson

Parish Representative:          Sarah Parkes

Local Member:                       Cllr. Lowe

Members asked questions of clarification from the speakers and officers. In response to a question it was clarified that the proposals were contrary to policy GB9 of the ADMP as set out in the Officer’s report but that it did comply with the National Planning Policy Framework (NPPF).

It was moved by the Chairman and duly seconded that the recommendation in the agenda to grant planning permission subject to conditions be agreed.

Members’ discussed that the proposals, and noted that the structure was not larger than the current building and that it could enhance the site.

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: 4576-PD-20/A; 21, S13/3878/01; 02.

       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 Council. 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 site and Kent Downs Area of Outstanding Natural Beauty as supported by Policy EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan.

4)    Before the use or occupation of the development hereby permitted, the car parking and turning areas shown on the approved drawing 4576-PD-20/A shall be provided and shall be kept available for the parking of cars at all times.

       In the interests of highway safety and visual amenity as supported by policies EN1 and T2 of the Sevenoaks Allocations and Development Management Plan.

5)    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 walls, fences, pedestrian and vehicular gates, screen walls, barriers, rails, retaining walls and location, species and size of hedges;

c)  hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible pavings, unit paving, steps and if applicable synthetic surfaces; and

d)  any other landscaping feature(s) forming part of the scheme.

       All landscaping in accordance with the approved scheme shall be completed / planted during the first planting season following practical completion of the development hereby approved. The landscaping and tree planting shall have a two year maintenance / watering provision following planting and any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of completion of the development shall be replaced with the same species or an approved alternative to the satisfaction of the Local Planning Authority within the next planting season. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter. 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 preserve and enhance the visual appearance of the area as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

6)    No extension or external alterations shall be carried out to the dwelling hereby approved, despite the provisions of any Development Order.

       To prevent inappropriate development in the Green Belt as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

7)    No building, enclosure or swimming pool, other than those shown on the approved plans, shall be erected within the curtilage of the dwelling hereby approved, despite the provisions of any Development Order.

       To prevent inappropriate development in the Green Belt as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

8)    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 by the Local Planning Authority. The development shall be carried out strictly in accordance with the details so approved. 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 historic building features are properly examined and recorded in accordance with policy EN4 of the Sevenoaks Allocations and Development Management Plan.

9)    No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification which has been submitted to and approved by the Local Planning Authority. The development shall be carried out in strict accordance with the details so approved. 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 appropriate assessment of the archaeological implications of any development proposals and the subsequent mitigation of adverse impacts through preservation in situ or by record in accordance with policy EN4 of the Sevenoaks Allocations and Development Management Plan.

10)  Details of any outside lighting shall be submitted to and approved in writing by the Council before the first occupation of the development. Despite any development order, outside lighting shall only be provided in accordance with the approved details.

       To mitigate the impact of development on nature conservation and to preserve the visual appearance of the area as supported by policies EN1, EN5 and GI1 of the Sevenoaks Allocations and Development Management Plan.

11)  Prior to the commencement of development, full details of appropriate measures to mitigate and enhance the biodiversity and nature conservation value of the site shall be submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in full accordance with the details so approved prior to the first occupation of the development. 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.

       In order to enhance the biodiversity value of the site in accordance with policy SP11 of the Core Strategy (2011), policies EN1 and GI1 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

12)  No development shall take place until a bat mitigation strategy has been submitted and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the details so approved. 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.

       In order to mitigate the impact of the development on nature conservation site in accordance with policy SP11 of the Core Strategy (2011), policies EN1 and GI1 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

13)  The hereby approved roof lights shall be conservation-style and fitted flush with the slope of the roof.

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

Informatives

1)    Please note that in accordance with the information on your Self Build Exemption Claim Form Part 1 and the requirements of The Community Infrastructure Levy Regulations 2010 (as amended) you MUST submit a COMMENCEMENT NOTICE to the Council BEFORE starting work on site.  Failure to do so will result in the CIL charge becoming payable in full.

2)    Please note that within six months of completing the home, the applicant must submit additional supporting evidence to confirm that the project is self build, being:

       *  A Self Build Exemption Claim Form - Part 2 (available on the Planning Portal website);

       *  The supporting evidence as set out in the form, to confirm that the levy exemption should be upheld.

If the evidence is not submitted to the Council within the 6 month time period, the full levy charge becomes payable.

3)    It is the responsibility of the applicant to ensure, before the development hereby approved is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority. The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.