Erection of 35 apartments, including the provision of affordable homes, together with access, parking and landscaping

The proposal sought planning permission for the erection of 35 apartments, including the provision of affordable homes, together with access, parking and landscaping. The application had been referred to the Development Control Committee by Councillor Brown on the grounds that he had concerns regarding the method in which the existing site and development had been marketed.

Members’ attention was brought to the main agenda papers and the late observations sheet which amended recommendation B and proposed an additional condition.

The committee was addressed by the following speakers:

Against the application:   David West

For the application:         Alex Davis

Parish representative:       -

Local Member:                 -

Members asked questions of clarification from speakers and officers. The Agent confirmed that the visitors spaces would be unallocated and therefore could be used by any part of the development. The details of the electric vehicle charging space had not yet been confirmed. The Officer advised that conditions could not be required to alleviate existing parking difficulties within the wider development.

It was moved by the Chairman and duly seconded that the recommendations within the report as amended by the late observations be agreed.

The Vice Chairman advised the Committee that the local member, who had referred the matter to the Committee, had since discussed the issue of viability with the developer and considered that his concerns had been addressed. A member indicated that the use of fast electric vehicle charging points would increase turnover in the space and therefore further assist parking provision in the development.

The motion was put to the vote and it was

Resolved:  That

A)   planning permission be granted subject to the completion of the necessary S106 legal agreement within 28 days of the date of the Committee meeting, or an alternative date agreed in writing by the Development Manager and 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: 2500-A-1000-A, 2500-A-1011-J, 2500-A-1050-E, 2500-C-1100-D, 2500-A-1200-F, 2500-A-1201-F, 2500-A-1203-E, 2500-A-1205-E, 2500-C-3116-D, 2500-A-3215-H, 2500-A-3216-C, 2500-A-3217-C, 2500-A-3315-H, BKH-RYE_HTA-L_P3-00-DR_1915-C and BKH-RYE_HTA-L_P3-00-DR_1916-C.

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

3)   Prior to the commencement of above ground works details of the materials to be used in the construction of the external surfaces of the development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out using the approved materials.

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

4)   Soft landscaping works shall be carried out in accordance with the approved plan BKH-RYE_HTA-L_P3-00-DR_1915-C and where appropriate existing trees on the site shall be replanted within the landscaping scheme. The landscaping works shall be completed prior to the occupation of the approved development.

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

5)   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.

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

6)   Hard landscaping works shall be carried out in accordance with the approved plan BKH-RYE_HTA-L_P3-00-DR_1916-C. The landscaping works shall be completed prior to the occupation of the approved development.

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

7)   The levels of the development shall accord with those indicated on the approved plan 2500-A-1011-J.

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

8)   The development shall be carried out in full accordance with the recommendations of the Acoustic Planning Report by WSP dated October 2017.

To protect the living conditions of residential occupier, in accordance with policies EN2 and EN7 of the Sevenoaks Allocations and Development Management Plan.

9)   Prior to the installation of external lighting, details of the position, design and luminance levels of the lighting shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

10) The boundary treatments for the development shall be carried out in accordance with the approved plan 2500-A-1203-E. The boundary treatments shall be completed prior to the occupation of the approved development.

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

11) The vehicle parking spaces and cycle storage areas shown on the approved drawing number 2500-A-1201-F shall be provided prior to first occupation of the development hereby approved 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 access to the vehicle parking spaces and cycle storage areas.

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

12) No hard or soft landscape works shall take place until a scheme for the provision of at least one communal electrical charging point 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 prior to occupation of the approved development.

To encourage the use of low emission vehicles, to reduce C02 emissions and energy consumption levels within the District, in accordance with policy T3 of the Sevenoaks Allocations and Development Management Plan.

13) Prior to any works commencing within the vegetated areas of the site a detailed reptile mitigation strategy must be submitted for written approval by the local planning authority. The strategy must include the following information:- Reptile survey;- Details of reptile receptor site (if required);- Translocation methodology;- Timing of works;- Details of who will be carrying out the works. The strategy must be implemented as detailed within the approved report.

To ensure the long term retention of reptiles within the area as supported by policy SP11 of the Sevenoaks Core Strategy.

14) If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved, verified and reported to the satisfaction of the local planning authority.

To ensure that unexpected contamination identified during development groundworks is identified and appropriately remediated in accordance with the National Planning Policy Framework.

15) Whilst the principles and installation of sustainable drainage schemes are to be encouraged, no drainage systems for the infiltration of surface water drainage into the ground are permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to Controlled Waters. The development shall be carried out in accordance with the approval details.

To prevent infiltrating water causing re-mobilisation of contaminants present in shallow soil/made ground which could ultimately cause pollution of groundwater.

16) Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

To prevent the potential risks associated with the use of piling where contamination is an issue.

17) Within three months of the date of this decision details of at least one communal electric charging point for vehicles to be provided within the site shall be submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the approved details prior to occupation of the development hereby approved and the electric charging point(s) shall be retained thereafter.

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

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) The applicant should ensure that crime prevention is addressed effectively for the site in conjunction with discussions with the Kent Police Crime Prevention Design Advisors (CPDAs).

B)   If the Section 106 legal agreement is not signed in accordance with (A) above, then planning permission be refused on the following grounds

1) The applicant, in their failure to complete the necessary S106 legal

agreement, has failed to secure an appropriate provision of on-site affordable housing. This is contrary to the National Planning Policy Framework and policy SP3 of the Sevenoaks Core Strategy.

Informatives

1)    The proposed development has been assessed and it is the Council's view that the CIL IS PAYABLE. Should this decision be appealed and the appeal is allowed full details will be set out in the CIL Liability Notice which will be issued as soon as possible after the appeal decision is issued. Further information can be found here:

http://www.sevenoaks.gov.uk/services/housing/planning/planningapplications/community-infrastructure-levy-cil