Decision details

SE/11/02258/FUL - Land SW of Forge Garage, High Street, Penshurst TN11 8BU

Decision Maker: Development Management Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The proposal was to erect 6 2-bedroom dwellings on the site. The dwellings would be two storeys high and split into two blocks of three, arranged side by side with a gap of 2.5 metres between the two blocks. The dwellings have been designed with a ridge height of 9 metres above ground level and would be set into ground level. It would be constructed in brick at ground floor level with decorative tile hanging in bands at first floor level, and a clay tiled roof. A separation distance of 11.5 metres would exist between the dwelling attached to the rear of Forge Garage and the flank wall of the nearest unit.

 

Existing boundary hedging by the proposed access would be removed and a new hedge planted behind the highways visibility line alongside the access.

 

The site falls within the Metropolitan Green Belt, the High Weald Area of Outstanding Natural Beauty and the Penshurst Conservation Area. The neighbouring Forge Garage is a Grade II listed building, Penshurst primary school is located opposite the site and slightly further to the west is Star House, a Grade II* listed building.

 

The report advised that there was some harm arising from the development to the landscape within the High Weald Area of Outstanding Natural Beauty and to heritage assets. However the degree of harm was limited and greater weight was placed on the benefits of providing local needs affordable housing. The limited harm was not considered overriding in this instance.

 

Members’ attention was drawn to the tabled Late Observations sheet and a late letter on behalf of an objector to the scheme was also supplied to Members at the meeting.

It was noted that a Members’ Site Inspection had been held for this application. 

The Committee was addressed by the following speakers:

 

Against the Application:       Mike Collin

 

For the Application:              Mark Leader

 

Parish Representative:         John Cass

 

Local Member:                      -

 

In response to a question, the speaker on behalf of the application confirmed the post box would be set back to assist sight lines but would remain on the forecourt.

 

Officers confirmed the Environment Agency had agreed flooring levels for the site in order to reduce the likelihood of flooding.

 

Some Members accepted that there was a clear need for affordable housing in the area but that the proposal would cause some harm to the village.

 

However it was suggested that the proposal could blend in and look part of the village. The harm to the area had been minimised by setting the properties back, the height of buildings was not dissimilar to the rest of the village, the landscaping would be in keeping and the parking was well sited. It was suggested the quality of life provided by the housing on the site would be good as it provided high quality space for children and the development would be adjacent to both a school and a shop.

 

Concern was raised at the proposal by some Members when considering the harm to the Green Belt, AONB and that it was nearby to two listed buildings. They believed that the proposals were inappropriate and it was noted the Conservation Officer had raised difficulties with it.

 

It was MOVED by the Chairman and was duly seconded that the recommendation in the report, as amended by the Late Observations Sheet, to grant permission subject to conditions be adopted.

 

The motion was put to the vote and there voted

 

11 votes in favour of the motion

 

3 votes against the motion

 

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)         No development shall be carried out on the land until details 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.

To ensure that the appearance of the development enhances the character and appearance of the Conservation Area and Area of Outstanding Natural Beauty as supported by Policy EN1 and EN23 of the Sevenoaks District Local Plan.

3)         The development hereby permitted shall be carried out in accordance with the following approved plans: 1201/12/3, 1201/11/1, 1201/12/14, 1201/12/13, 1027627/15 Rev E, 1027627/20 Rev B, 1027627/13 Rev K, 1027627/14 Rev E and 1027627/17 Rev C.

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

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

To safeguard the character and appearance of the conservation area as supported by EN23 of the Sevenoaks District Local Plan.

5)         No building or enclosure 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 safeguard the character and appearance of the conservation area as supported by EN23 of the Sevenoaks District Local Plan.

6)         No development shall be carried out on the land until details of the hereby approved outbuildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the approved details.

To ensure that the appearance of the development enhances the character and appearance of the local area as supported by Policy EN1 and EN23 of the Sevenoaks District Local Plan.

7)         The development hereby permitted shall not be used or occupied until the 2.4 x 50 metre visibility splays as shown on the approved plans are provided.  Such splays shall be subsequently maintained free from any obstruction above 1 metre in height at all times.  (This 1 metre height shall be measured relative to a point on the centre line of the new access road and 2.4 metres back from the stop line).

In the interest of highway safety, in accordance with Policy EN1 of the Sevenoaks District Local Plan.

8)         8) No development shall be carried out on the land until a scheme and timetable for the relocation of the telephone box has been submitted to and approved in writing by the Local Planning Authority. The telephone box shall be relocated in accordance with  the approved details prior to first occupation of the development, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety and the retention of a community facility, in accordance with Policies EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

9)         No development shall take place until details of the layout and construction of the access road has been submitted to and approved by the Local Planning Authority.  The details shall include the connection to the High Street, gradients, surfacing materials and road markings. The development shall be constructed in accordance with the approved details.

In the interest of highway safety, in accordance with Policy EN1 of the Sevenoaks District Local Plan.

10)       No development shall take place until details of the layout and construction of areas for the parking of cars including garage spaces and means of access have been submitted to and approved in writing by the Local Planning Authority. The parking areas approved shall be provided and kept available for parking in connection with the use hereby permitted at all times.

In the interest of highway safety, in accordance with Policy EN1 of the Sevenoaks District Local Plan.

11)       Notwithstanding the submitted plans, no development shall be carried out on the land until details of the proposed boundary treatment and any means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the approved details.

To ensure that the appearance of the development is in harmony with the existing character of the local area as supported by Policy EN1 of the Sevenoaks District Local Plan.

12)       Apart from any means of enclosure described in the details approved pursuant to condition 11, no boundary walls, fences or other means of enclosure shall be erected on the site boundary, despite the provisions of any Development Order.

To safeguard the rural character of the area, in accordance with policy EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

13)       The development shall only be undertaken in accordance with the Flood Risk Assessment (FRA) by Monson Engineering Ltd and addendums (most recent addendum dated 7 March 2012), and the following mitigation measures detailed within the FRA:

i)          The surface water drainage strategy shall be undertaken in accordance with the FRA and addendums
ii)         The access road and car parking area shall be constructed with permeable paving (with a minimum depth of porous sub base of 300mm) and a cut off trench at the western site boundary.
iii)        The surface water discharge to the adjacent ordinary watercourse shall  be limited to a rate of 1.5 l/s (Appendix A, Drawing No. 5164/02 C, ' Proposed surface water flood drain').
iv)        A surface water management plan shall be implemented to ensure that the scheme is effective year round for the lifetime of the development, the details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.
v)         The surface water drainage scheme shall take into account exceedance events to ensure that surface water runoff is safely routed away from the dwellings.

To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

14)       The finished floor levels of the dwellings hereby permitted shall be set no lower than 30.9 m above Ordnance Datum (AOD) as detailed in the Addendum to the Flood Risk Assessment by Monson Engineering Ltd dated 7 March 2012, and on the Site Plan drawing numbered 1027627/20 Rev B.

To reduce the risk of flooding to the proposed development and future occupants.

15)       There should be no lowering of ground levels where the existing site level is less than 30.75m AOD, as identified on the Site Plan drawing numbered 1027627/20 Rev B.

To reduce the risk of flooding to the proposed development and future occupants by ensuring that site levels will be above the modelled 100 year plus climate change flood level.

16)       No development shall be carried out on the land until full details of soft landscape works 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);
-written specifications (including cultivation and other operations associated with plant and grass establishment);         
-schedules of new plants (noting species, size of stock at time of planting and proposed number/densities where appropriate); 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.

To protect the visual appearance of the area as supported by EN1 of the Sevenoaks District Local Plan.

17)       No development shall be carried out on the land until a Construction Management Plan has been submitted and approved in writing by the Local Planning Authority.The plan should include the provision of on site parking and loading, and wheel washing facilities. The development shall be carried out in accordance with the approved plan.

In the interests of highway safety and visual amenity as supported by policy EN1 of the Sevenoaks District Local Plan.

18)       No development shall take place until details of further ecological mitigation and enhancement  measures have been submitted to and approved in writing by the Council.  These details shall include all the mitigation measures detailed in the Thomson Ecology reports dated July 2011 and October 2011, and details of the design of any external lighting proposed, and shall include measures to ensure that the building works do not disturb protected species, and all enhancement measures proposed therein. The approved mitigation and habitat enhancement measures shall be implemented in full, in accordance with the approved details. 

To ensure the long term retention of protected species on the site as supported by the National Planning Policy Framework.

19)       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.  Any approved scheme shall be completed to the written satisfaction of the Council prior to the commencement of the development.

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

20)       The first floor window in the north-east facing side elevation of unit 1 (as shown on the proposed plans drawing numbered 1027627/13 Rev K) shall be obscure glazed and fixed shut at all times.

To safeguard the privacy of residents as supported by Policy EN1 of the Sevenoaks District Local Plan.

21)       The development shall achieve a Code for Sustainable Homes minimum rating of level 3. Evidence shall be provided to the Local Authority - i)  Prior to the commencement of development, of how it is intended the development will achieve a Code for Sustainable Homes Design Certificate minimum level 3 or alternative as agreed in writing by the Local Planning Authority; and  ii)  Prior to the occupation of the development, that the development has achieved a Code for Sustainable Homes post construction certificate minimum level 3 or alternative as agreed in writing by the Local Planning Authority.  Achievement of the Code levels and BREEAM standards must include at least a 10% reduction in the total carbon emissions through the on-site installation and implementation of decentralised, renewable or low carbon energy sources.

In the interests of environmental sustainability and reducing the risk of climate change as supported by the National Planning Policy Framework, policies CC2 & CC4 of the South East Regional Plan and policy SP2 of the Sevenoaks District Core Strategy.

22)       There should be no ground raising within the floodplain of the Medway/Eden rivers, as indicated on Drawing 1027627/20 B ('Site plan and existing levels).

To prevent the loss of flood storage which may otherwise increase the flood risk to the surrounding land.

23)       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.

To ensure that features of archaeological interest are properly examined and recorded, in accordance with Policy EN25A of the Sevenoaks District Local Plan.

Report author: Andrew Byrne

Publication date: 04/12/2012

Date of decision: 18/10/2012

Decided at meeting: 18/10/2012 - Development Management Committee

Accompanying Documents:

 

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