Demolition of existing buildings and erection of 9 dwellings with associated parking.

The proposal was for the demolition of existing buildings and erection of 9 dwellings with associated parking. The application had been referred to the Committee by Cllr. Williamson to consider the impact of the bulk of the development on the openness of the Metropolitan Green Belt in accordance with Policy L08 of the Core Strategy and policy EN1 of Allocations and Development Management Plan (2015).

 

Members’ attention was brought to the main agenda papers and the late observation sheet, which included additional conditions.

 

The Committee was addressed by the following speakers:

 

Against the Application:    William Power

For the Application:          Mark Bridge

Parish Representative:      Parish Cllr. Brooker

Local Member:                 -

 

Members asked questions of clarification from the speakers and Officers. Members were advised that should permission be granted, a condition was included to require submission of a water impact study to ensure the development would benefit from an adequate water supply but this could not be conditioned to the properties that were already there, details of site levels and drainage were to be submitted before commencement, if approved.

 

It was moved by the Chairman and duly seconded that the recommendation in the report, as amended by the late observation sheet, to grant planning permission or to refuse permission in the absence of an appropriate Section 106 agreement, be agreed.

 

Members discussed the principle of residential development that had previously been established by the granting of the 2014 permission and noted that the bulk, impact, footprint, volume and hardstanding had all been reduced and that the conditions that could be applied would address many of the objections made. Some Members expressed concern at the circumstances for the water supply.

 

The motion to grant planning permission was put to the vote and it was

 

Resolved: That

 

a)    planning permission be granted subject to:

 

i)    the conditions set out below, subject to officers being authorised to make any appropriate amendments arising following negotiations and/ or in the light of legal advice.

 

ii)   A satisfactory legal agreement made under section 106 of the Town and Country Planning Act 1990 (as amended) and any other appropriate legislation being completed no later than 12 April 2018 (PROVIDED THAT if officers are satisfied that the applicant has agreed in writing to the extension of the statutory period for determination, officers are authorised to agree to the extension of the time for completion of the legal agreement and the issue of the decision notice).

 

iii)  The S106 legal agreement shall include the following requirements:

 

·      Provision of on site affordable housing.

 

Conditions

 

1)   The development hereby permitted shall be begun before the expiration of 3 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: 15407-BT6, S201/A, P201/G, P202/F, P210/B, P211/C, P212/A, P213/D.

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 existing and proposed levels have been submitted to and agreed in writing by the local planning authority. Proposed plans shall include a level (e.g. highway or footpath) adjacent to the site that will remain fixed/ unchanged and shall include levels adjoining the site. No development shall take place other than in accordance with the approved details. 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 proposals would not impact detrimentally on the openness of the Green Belt or the character of the surroundings in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

4)   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 dwellings 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 a satisfactory appearance to the development and to comply with policy SP1 of the Core Strategy and policies EN1 and EN5 of the Allocations and Development Management Plan.

5)   None of the residential units hereby permitted shall be occupied until the vehicular accesses, car parking and turning spaces as shown on drawing P201/G have been completed on site and made available for use. The access and car parking shall be retained and maintained solely for such use thereafter.

To ensure the provision of adequate access and vehicle parking in accordance with policies EN1 and T2 of the Allocations and Development Management Plan.

6)   No development shall be carried out on the land until details for the installation of electric vehicle charging infrastructure showing their proposed location(s), type and specifications have been submitted to and approved in writing by the local planning authority. The electric vehicle charging infrastructure shall be installed in accordance with the details so approved prior to the first occupation of any of the residential units and shall be retained and maintained for use at all times. 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 and adapt to climate change in accordance with policies EN1 and T3 of the Allocations and Development Management Plan.

7)   No development shall take place until details of cycle parking facilities have been submitted to and approved in writing by the local planning authority. The cycle parking facilities shall be provided in accordance with the approved details prior to the first occupation of any of the residential units and retained and 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 promote and encourage sustainable modes of transport, in accordance with policy SP1 of the Core Strategy and policy T2 of the Allocations and Development Management Plan.

8)   No development shall be carried out on the land until a demolition and construction environmental management plan (CEMP) has been submitted to and approved in writing by the local planning authority and thereafter implemented and maintained throughout the construction period in accordance with the approved CEMP.  The CEMP shall include:
a.  Details of the proposed working hours
b.  Details of locations of vehicle parking for site operatives and visitors
c.  Details of proposed wheel washing facilities located adjacent to the construction site access
d.  Details of an area for the storage of plant and materials
e. A site waste management plan
f. How the construction will comply with the sustainable use of soils on construction sites
g. Details of means of suppressing dust during the demolition and construction process to include the regime for dust deposition measurement at the site boundaries;
h.  Details of the measures to mitigate the noise and vibration from demolition and construction;
j.  Details of a surface water drainage scheme for the temporary drainage of the site.

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 the interests of highways safety and the amenities of the surrounding area during the demolition and construction phase, in accordance with policies EN1 and T1 of the Sevenoaks Allocations and Development Management Plan.

9)   No development shall be carried out on the land until a scheme to provide utilities connections to the dwellings hereby permitted to facilitate access to infrastructure that meets modern communication and technology needs, including broadband and where feasible Superfast Fibre Optic Broadband, high speed internet cabling and digital TV cabling shall be submitted to and approved in writing by the local planning authority. The agreed scheme shall be provided prior to first occupation of any of the residential units hereby 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 secure the installation of infrastructure that meets modern communication and technology needs and to avoid the need for retrofitting in accordance with policy EN1 of the Allocations and Development Management Plan.

10) No development shall be carried out on the land until a hard and soft landscaping scheme has been submitted to and approved in writing by the local planning authority. The landscaping scheme shall include the following details:
a) trees and shrubs to be retained (including details of appropriate tree protection measures for the existing trees and shrubs shown to be retained);
b) soft plantings, including trees, grass and turf areas, shrub and herbaceous areas; their location, species (use of native species where possible), density and size;
c) a scheme for soft landscaping that part of the former tennis court not required for car parking;
d) enclosures: including types, dimensions and treatments of walls and fences (to include removal of existing perimeter fencing to former tennis court), pedestrian and vehicular gates, screen walls, barriers, rails, retaining walls and location, species and size of hedges;
e) hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible pavings, unit paving, steps and if applicable synthetic surfaces;
f)  any other landscaping feature(s) forming part of the scheme; and
g) a landscape management plan detailing how each of the landscaping areas will be maintained.

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. No development shall take place other than in accordance with the approved details 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 enhance the visual appearance and green infrastructure of the area as supported by policies EN1 and GI1 of the Allocations and Development Management Plan.

11) Prior to the commencement of any development on the site, details regarding the retention and protection of all trees on and/or immediately adjacent to the site shown to be retained shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the details so approved. In paragraphs 'a' to 'c' below references to a "retained tree" mean an existing tree which is to be retained in accordance with plan 15407-BT6.The details shall include:
a) Details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site.
b) Details of any proposed alterations in existing ground levels and of the position of any proposed excavations or other engineering operations. These details shall be illustrated by a series of cross-sections showing existing and proposed levels.
c) Details of the location and extent of any area on the land to be used during the construction period for storage (including materials, plant and machinery) and/or for siting any temporary ancillary structures, such as a site office.

To protect the trees on site which are to be retained in the interests of the visual amenities of the locality in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

12) No development shall be carried out on the land until:
i) A Phase 1 Habitat Survey and any recommended species specific surveys have been carried out on the site. In the event that surveys identify the on site presence of bats and/or reptiles, a mitigation strategy(s) shall be submitted to and approved in writing by the local planning authority. Details of the mitigation strategy shall include:
a. details of the proposed receptor site;
b. details of surveys, and;
c. details of necessary enhancements required.
ii) Details of ecological enhancements, including timescales for implementation, have been submitted to and approved in writing by the local planning authority; The approved measures shall be implemented in accordance with the approved details and retained and maintained thereafter at all times. 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 development on ecology and to enhance the biodiversity value of the site in accordance with policy SP11 of the Core Strategy and policies EN1 and GI1 of the Allocations and Development Management Plan.

13) Details of any external lighting shall be submitted to and approved in writing by the local planning authority prior to its installation. Details shall include details of fixtures and location, hours of operation and details of compliance with the Institute of Lighting Engineers guidance notes for the reduction of light pollution. Despite any development order, outside lighting shall only be provided in accordance with the approved details and no further external lighting shall be installed on the site without the prior written consent of the local planning authority.

In the interests of the visual amenity of the area and to ensure the creation of a safe and secure environment in accordance with policies EN1 and EN6 of the Allocations and Development Management Plan.

14) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting those Orders) no development falling within Classes A, B, C, D and E of Part 1 of Schedule 2 to the said Order shall be carried out to any of the hereby approved dwellings without the prior written approval of the local planning authority.

To prevent inappropriate development in the Green Belt and to safeguard the openness and visual amenity of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

15) The ground and first floor level windows in the side (west) elevation of plot 9 shall be obscure glazed and fixed shut below 1.7m from finished floor level and shall be retained and maintained as such thereafter.

In order to safeguard the residential amenities of surrounding occupiers in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

16)  No development shall take place until an impact study of the existing water supply infrastructure has been submitted to and approved in writing by the local planning authority. The study shall determine the magnitude of any new additional capacity required in the system, a suitable connection point and programme of implementation for any works necessary to provide sufficient capacity for the new development. The works shall be completed in accordance with the approved details prior to the first occupation of any part of the development.

 

To ensure that the water supply infrastructure has sufficient capacity to cope with the additional demand.

 

17)  No development shall take place until full details of the proposed foul and surface water drainage systems have been submitted to and approved in writing by the local planning authority. The approved scheme shall be completed in accordance with the approved details prior to the first occupation of any part of the development.

 

To avoid overload of existing drainage systems and to meet sustainability and environmental objectives.

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)   Please be aware that this development is also the subject of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990.

 

b)  If the S106 legal agreement is not signed in accordance with Minute 81a) above, then planning permission be refused on the following grounds:

 

1)    The proposal fails to secure appropriate provision for affordable housing contrary to policy SP3 of the Core Strategy (2011), the Affordable Housing SPD, National Planning Policy Framework and National Planning Practice Guidance.

 

(Having declared an interest in this item the Chairman left the Chamber and did not take part in the debate or voting thereon.)