Change of use from agriculture to class B8 use (storage or distribution) with associated parking. As amplified by additional information received 07.12.16.

The application was for planning permission for a change of use from agriculture to class B8 use (storage or distribution) with associated parking, as amplified by additional information received on 7.12.16. The application was referred to Committee by Councillor Gaywood to discuss the Green Belt implications and possible overdevelopment within the Green Belt.

Members’ attention was brought to the main agenda papers and late observations sheet which proposed an amendment to Condition 1.

The Committee was addressed by the following speakers:

Against the Application:   -

For the Application:                  Graham Simpkin

Parish Representative:     Frank Cottee

Local Member:                 -

Members asked questions of clarification from the speakers and Officers.

It was moved by the Chairman that the recommendations and late observations in the report be agreed.

Members discussed protection of the Green belt and noted that the site had been steadily expanding since the farm was first established in the 1980s. Members also discussed the potential impact of the site on local congestion and noted that the conditions contained in the proposal would make it easier for the Council to regulate the site.

The motion was put to the vote and it was

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

1)     The permission hereby granted shall only be for the benefit of Mr L Smith trading as Luxury Lawns and only for such period of time as he is occupying the land and building. The use shall not be for the benefit of the land and building nor any other person or business.

In order that any other proposal for the use of the land and building is the subject of a separate application to be determined on its merits, having regard to impact on highway conditions as supported by T1 of the Sevenoaks Allocations and Development Management Plan.

2)     The parking spaces shown on the approved plan 1320/9 shall be provided and kept available for such use at all times and no permanent development shall be carried out on the land so shown or in such a position as to preclude vehicular access to the parking spaces.

To ensure a permanent retention of vehicle parking for the property as supported by Policy T2 of the Sevenoaks Allocations and Development Management Plan.

3)     Other than for the single skip bin for containing rubbish from the use of the site hereby approved, no part of the land shall be used for open storage or for the display of goods and products.

To prevent inappropriate development within the Green Belt and to safeguard the appearance of the area as supported by Government advice in the form of the National Planning Policy Framework and EN1 of the Allocations and Development Management Plan.

4)     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), no extensions shall be made, nor external alterations carried out to the application building.

To prevent inappropriate development within the Green Belt and to safeguard the appearance of the area as supported by Government advice in the form of the National Planning Policy Framework and policies EN1 and GB7 of the Allocations and Development Management Plan.

5)     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) no change of use of the land and buildings shall be carried out within Classes I and P of Part 3 of that Order, without the prior approval of the Local Planning Authority.

In order that any other proposals for the use of the building is subject of a separate application to be determined on its merits, having regard to the impact on the Green Belt, the appearance of the area and the highway implications as supported by Government advice in the form of the National Planning Policy Framework, policies SP1 of the Council’s Core Strategy and policies EN1 and GB7 of the Allocations and Development Management Plan.

6)     The development hereby permitted shall be carried out in accordance with the following approved plans: 2103/SK1, SK2, SK3, 1320/9 and 1320/8 received 2.9.2016.

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

Informative

1)     The applicant is advised that 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. Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called 'highway land'. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have 'highway rights' over the topsoil.

Information about how to clarify the highway boundary can be found at http://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land

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.