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

 

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 of the area and soften the impact of the development, in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

4)     Notwithstanding the submitted plans, no trees shall be removed on the site other than those specifically shown for removal on the Tree Protection Plan submitted with the Arboricultural Implications Assessment by AGB Environmental dated the 5 September 2017, unless agreed otherwise in writing by the local planning authority.

For the avoidance of doubt and in order to safeguard the character of the area and soften the impact of the development, in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

5)     Notwithstanding the submitted landscape information, no development shall commence on the multi storey car park, the ten town houses or the regrading of the environmental park hereby permitted until full details of the hard and soft landscape works (excluding details of the soft landscaping of the rear garden areas to the townhouses) 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 landscape works shall be carried out in accordance with the approved details. 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. 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 safeguard the visual appearance of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

6)     Prior to first use of the car park, a minimum of four electric charging points shall be provided and maintained within the car park. Within the first year of the use of the car park commencing, full details of the demand for the electric vehicle charging points shall be submitted to and approved in writing by the Local Planning Authority. If the demand demonstrates a need for the provision of additional charging points full details of the infrastructure provided to accommodate the additional charging points should be provided within six months of the details of demand being submitted. The facilities and arrangements shall in all respects be constructed in strict accordance with the approved details.

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

7)     No lighting shall be installed to the car park or access road to the front of the townhouses hereby permitted, unless full details of such lighting together with evidence to demonstrate that it would conform with the limitations in table 2 (based on an E3 Environmental Zone) of the Guidance Notes for the Reduction of Obtrusive Light by the Institute of Lighting Professionals, has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and maintained as such thereafter.

To avoid unnecessary light pollution and unacceptable impacts upon neighbouring properties, in accordance with policies EN2 and EN6 of the Sevenoaks Allocations and Development Management Plan.

8)     The applicant shall obtain a Secured by Design accreditation for the development hereby permitted, a copy of which must be submitted to, and approved in writing by, the Local Planning Authority within 3 months of the completion of the development.

In the interest of Security, Crime Prevention and Community Safety and in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

9)     No development shall take place, including any works of site clearance, until a Construction Method Statement for the development of the application site including the movement of any excavated waste either off site or to the Environmental Park area with access arrangements, has been submitted to, and approved in writing by the local planning authority. The statement shall also provide for:  the parking of vehicles of site operatives and visitors; loading and unloading of plant and materials; timings of deliveries; storage of plant and materials used in constructing the development, and the details of the management of noise during construction to follow the guidance within BS 5228-1:2009 +A1:2014.The approved statement shall be adhered to throughout the construction period.

To control the impact of the development on the public highway and in the interests of highways safety, and residential amenity in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

10)  Before the use or occupation of the residential units hereby permitted, the car parking and turning areas shown on the approved drawing S8 rev P03 shall be provided and shall be kept available for the parking of cars at all times.

In the interest of highway safety.

11)  Prior to the occupation and use of the car park a scheme for the long term landscape management of the Environmental Park shall be submitted to and approved in writing by the Local Planning Authority and maintained as such thereafter. To safeguard the visual appearance of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

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

12)  Prior to the occupation of the car park and townhouses a community use agreement for the Environmental Park shall be submitted to and approved in writing by the local planning authority. The Park's long term use shall be maintained in strict accordance with the approved details.

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

13)  No development shall commence until a remedial strategy for contamination, together with a timetable of works, is submitted to the local planning authority for approval in writing.  These must be in accordance with the CLEAea guidelines and methodology and shall include:

 

i.      The site investigation, including relevant soil, soil gas, surface and groundwater sampling, to be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology (ref 2).

ii.     A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the local planning authority.  Prior to any remediation commencing on site, approval shall be obtained from the local planning authority of any such remedial works required.  The works shall be of such a nature so as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters.

iii.   Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance (ref 3).  If during any works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the local planning authority.

iv.    Upon completion of the works, this condition shall not be fully discharged until a closure report has been submitted to and approved by the local planning authority.  The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology.  This shall include photographic evidence.  Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report, together with the necessary documentation detailing what waste materials have been removed from the site and evidence of the final point of disposal of any contaminated material, i.e. waste transfer notes.

Further information on compliance with this condition can be obtained from the Council's environmental health services team. Ref 1: contaminated land research report no. 2, 3 & 4 (doe) Ref 2: contaminated land research report no. 1 (doe) Ref 3: ciria vols 1-12 contaminated land series and ciria "building on derelict land"

To ensure the site is fit for residential use, in accordance with the National Planning Policy Framework.

14)  No development shall be carried out on the land until the applicant, or their agents or successors in title, has secured the implementation of a ‘watching brief’.  This shall be undertaken by an archaeologist approved in writing 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 specification and timetable which has been submitted to and approved in writing by the local planning authority.  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 investigate and record archaeological features as supported by Policy EN4 of the Sevenoaks Allocations and Development Management Plan.

15)  Prior to the commencement of the development details of drainage works including proposed soakaways and site investigations which evaluate the depth and extent of any works shall be provided to the Local Planning Authority and approved in writing. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details Further guidance is available from the Environment Agency website, and this information must be submitted for assessment before development commences at the site

To ensure the site is fit for use, in accordance with the National Planning Policy Framework.

16)  Prior to the first use of the car park, full details of the improvements to the junction of Suffolk Way/Pembroke Road/High Street including a new pedestrian island on Suffolk Way, puffin technology at the junction and widening of the High Street (south) as shown in principle on drawing number T-02 rev. P3 shall be submitted to and approved in writing by the local planning authority. These approved details shall be constructed prior to the first use of the car park hereby approved.

In the interest of pedestrian and highway safety.

17)  Prior to the first use of the car park a review of the variable message signing relating to parking in the town centre shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the first use of the car park hereby approved.

In the interest of pedestrian and highway safety.

18)  Prior to the occupation of the car park a parking management plan shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the first use of the car park hereby approved.

In the interest of pedestrian and highway safety.

19)  Prior to the commencement of the development a Construction Management Plan shall be submitted to and approved in writing by the local planning authority and shall include the following:(a) Routing of construction and delivery vehicles to / from site(b) Parking and turning areas for construction and delivery vehicles and site personnel (c) Timing of deliveries(d) Provision of wheel washing facilities(e) Temporary traffic management / signage

In the interest of pedestrian and highway safety.

20)  Prior to the commencement of development details of the provision of measures to prevent the discharge of surface water onto the public highway shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the first use of the car park hereby approved.

In the interest of pedestrian and highway safety.

21)  No development shall take place (including any ground works, site or vegetation clearance) until the full details of all temporary signage relating to parking in the town centre is submitted to and approved in writing by the local planning authority. The temporary signage shall be implemented and maintained as approved until the use of the new car park commences.

In the interest of pedestrian and highway safety.

 

22)  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order (England) 2015, no development shall be carried out within Classes A, B, C, D, or E Part 1 of Schedule 2 of that Order (or any Order revoking and re-enacting that Order).

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

23)  The provision of the vehicle loading/unloading and turning facilities shown on the submitted plans located to the north of the hereby approved car park and residential homes, as shown and detailed on the Transport and Highways Mitigation Technical Note 2 Appendix A and Appendix B, proposed site plan 9005,and proposed ground floor plan 9101 shall be implemented prior to the use of the site commencing and shall be permanently retained as such.

In the interest of pedestrian and highway safety.

24)  Details of cycle parking within the car park and the gardens of the residential homes hereby approved, shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to occupation of the development, and retained thereafter.

To ensure satisfactory cycle parking provision.

25)  Prior to the use of the site commencing full details of the construction and future maintenance of the vehicular access to the site as shown on the submitted plans ground floor GA Plan 9101 and Proposed Site Plan 9005, shall be submitted to and approved in writing by the local planning authority. The approved details shall be fully implemented prior to first use of the car park and retained thereafter.

In the interest of pedestrian and highway safety.

26)  No development of the residential homes hereby approved shall commence until full details of the glazing to the windows on the rear elevations of the townhouses has been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the first occupation of the dwellings and thereafter maintained as such.

To prevent inappropriate levels of luminescence throughout the night and any adverse impacts on Knole Park.

27)  No development shall take place until details of all boundary treatment including details of retaining walls and the boundary access gate for the new townhouses have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented prior to the first occupation of the development or phased as agreed in writing by the local planning authority. The approved scheme shall thereafter be retained.

To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan and the NPPF. 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.

28)  No development shall take place until details of the implementation and phasing for the development have been submitted to and approved in writing by the local planning authority. The approved scheme shall be phased as agreed in writing by the local planning authority.

To ensure the visual amenity of the area is maintained, in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan and the NPPF.

29)  No development shall take place until details of the on site treatment, sorting and disposal of all excavated materials has been submitted to and approved in writing by the local planning authority. The on site treatment, sorting and disposal of all excavated materials shall in all respects be carried out in strict accordance with the approved details.

To ensure the site is fit for residential use, in accordance with the National Planning Policy Framework.

30)  Works of demolition and construction shall only be carried out between the hours of 08.00 to 18.00 hours Monday to Friday, and 08.00 to 13.00 hours on Saturdays, with no work being permitted on Sundays or Bank Holidays.

In the interests of residential amenity in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

31)  Full details of any piling or any other foundation designs, using penetrative methods shall be submitted to and approved in writing by the Local Planning Authority Any piling must be undertaken in accordance with the terms of the approved details.

To minimise disturbance of any existing contamination and the protection of groundwater and in the interests of residential amenity in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

32)  No development shall take place (including any ground works, site or vegetation clearance) until a method statement for ecological mitigation has been submitted to and approved in writing by the local planning authority. The content of the method statement shall include the:

 

i.   Purpose and objectives for the proposed works:

ii.  Detailed design(s) and/or working method(s) necessary to achieve stated objectives including the results of the completed ecological surveys;

iii. Extent and location of proposed works, including the identification of a suitable receptor site, shown on appropriate scale maps and plans;

iv.  Timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction;

v.   Persons responsible for implementing the works, including times during construction when specialist ecologists need to be present on site to undertake / oversee works;

vi.  Use of protective fences, exclusion barriers and warning signs;

vii. Initial aftercare and long-term maintenance (where relevant);

viii. The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter.

ix.  To protect habitats and species identified in the ecological surveys from adverse impacts during construction.

Informatives

1)     The proposed development has been assessed and it is the Council's view that the CIL is payable.  Full details will be set out in the CIL Liability Notice which will be issued with this decision or as soon as possible after the decision.

2)     You are advised of the need to enter into an Agreement under Section 278 of the Highways Act 1980 with Kent County Council and for the approval of plans for the works to the highway before commencement of any works on the land. Please contact Kent Highways, West Kent Area Office, Block I, St. Michael's Close, Aylesford, Kent ME20 7TZ (Tel. 01622 605980).

3)     A public right of way may be affected by this proposal and planning permission does not authorise its stopping up or diversion (even temporarily).  There is a separate and sometimes lengthy procedure to deal with this and you should contact this Council for further information.  It is an offence to obstruct a public right of way.

 

 

b)     in the event that, using all reasonable endeavours, the legal agreement referred to in recommendation (a) is not completed by 19 January 2018 the Chief Planning Officer be authorised to refuse the application for the following reason -

 

In the absence of a completed legal agreement the applicant has failed to comply with Policy SP3 of the Core Strategy Adopted February 2011 in relation to the provision of affordable housing units.