To approve the minutes of the meeting of the Committee held on 6 June 2019, as a correct record.

Resolved: That the Minutes of the meeting of the Committee held on 4 July 2019, be approved and signed as a correct record.

Including any interests not already registered

There were none.

All Councillors, except for Councillors P Darrington and Hudson declared that they had been lobbied in respect on Minute 11 – 18/03929/MMA – Watercrofts Wood, Old London Road, Badgers Mount, Kent

The Committee considered the following applications:

The proposal sought permission for a minor material amendment to 16/03186/FUL – Proposed Chapel, maintenance store, access, car parking and associated landscaping.  To re-position external windows and doors. As amplified by amended proposed site plan drawing received 25 April 2019.

The application had been referred to the Development Control Committee by Councillor Williamson on the grounds that that the proposals may have an unacceptable impact on the openness of the Green Belt contrary to policy.

Members’ attention was brought to the main agenda papers and late observations which amended condition 3 and included an additional condition 12.

The Committee was addressed by the following speakers:

Against the Application:   -

For the Application:         Neal Thompson

Parish Representative:      Parish Cllr Terry Brooker

Local Member:                 Cllr Grint

Members asked questions of clarification from the Officers and speakers and were advised that the 5 trees were removed by a statutory undertaker and a further 8 were removed by the applicant. The Legal Officer informed Members the High Court injunction should not be taken into consideration and the application needed to be considered on its own merits.

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

Members debated the application and considered whether a 20% increase could be considered as minor in the Green Belt.

The motion was put to vote and it was

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

1)   The permission hereby granted shall only be exercised in conjunction with the permission for use of the land as a cemetery in accordance with SE/93/01575/FUL as amplified by SE/08/02894/LDCEX.

This permission is granted specifically in relation to the special circumstances surrounding the use of the site in this Green Belt location as supported by Government advice in the form of the National Planning Policy Framework.

2)   The maintenance building shall not be constructed other than in accordance with the details indicated on drawing 3917_PL_07 on application SE/16/03186/FUL.

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.

3)   Within one month from the date of this decision the following information shall be submitted to the District Planning Authority for approval in writing:

·      Details of the individual tree planting indicated as part of the landscaping proposals on Proposed Site Plan drawing 3917_PL_10 Rev D, such details to specify the siting, species and size ofplanting.

·      Details of a scheme of tree planting to the east of the access road opposite the chapel and adjacent to the proposed turning head. Such details to include the precise location, species and variety of a number of indigenous or semi-indigenous trees with a minimum 12-14cm girth as measured at 1m aboveground.

The tree planting shall be implemented within 2 months of the date of approval of details.

In all other respects, the hard and soft landscaping shall be  ...  view the full minutes text for item 11.

The proposal sought permission for the demolition of existing dwelling and construction of a new replacement dwelling. Construction of garages and pool house. The application had been referred to Development Control Committee by Councillor Grint on the grounds that the proposed development was inappropriate in the Green Belt and harmful to its openness.

Members’ attention was brought to the main agenda papers.

The Committee was addressed by the following speakers:

Against the Application:    -

For the Application:                   -

Parish Representative:      Cllr Terry Brooker

Local Member:                 Cllr John Grint

Members asked questions of clarification from the Officers and were advised that legislation provided permitted development rights regardless of whether a property was situated in the Green Belt, and therefore the Council’s 50% policy could not be applied to the permitted development.

The Chairman moved and it was duly seconded that the recommendation within the report be agreed.

Members debated the application and discussed the size, scale and bulk of the application and whether the impact would be greater than the works that could be carried out under Permitted Development. It was noted by Members that Permitted Development rights would be removed should the application be granted.

The motion was put to the vote and it was

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)   The development hereby permitted shall be carried out in accordance with the following approved plans and details: 15-01_P001/A, 15-01_P002, 15-01_P003/A, 15-01_P004/A, 15-01_P005/A.

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

3)   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking or re-enacting those Orders) no development falling within Classes A, B, C, D or E of Part 1 of Schedule 2 to the said Order shall be carried out without the prior consent in writing of the Local Planning Authority.

To protect the openness of the Green Belt and the purposes of including land within the Green Belt, and to comply with policy GB1 of the ADMP and the aims of the NPPF.

4)   The biodiversity enhancements detailed in the letter from Greenlink Ecology dated 26th March 2019 shall be implemented in full in the first planting season following the completion of the development.

To ensure the development delivers appropriate biodiversity enhancements and to comply with policy SP11 of the Core Strategy.

5)   Prior to the commencement of the construction of the garage, details of a no-dig method of construction for the garage and its associated utilities, designed to protect the roots of the Oak tree shall be submitted to and approved in writing by the Local Planning Authority. The construction shall take place only in accordance with the approved details.

To ensure the protection of the Oak tree and to comply with policy EN1  ...  view the full minutes text for item 12.

The proposal sought permission for the use of land for the stationing of caravans for residential purposes together with dayroom ancillary to that use. The application had been referred to Development Control Committee by Councillor McGarvey on the grounds that the very special circumstances did not clearly outweigh the harm to the Green Belt.

Members’ attention was brought to the main agenda papers.

The Committee was addressed by the following speakers:

Against the Application:   -

For the Application:          -

Parish Representation:     Cllr Terry Brooker

Local Member:                 Cllr Carroll (on behalf of Cllr McGarvey)

Members asked questions of clarification from the Officers.

It was moved and duly seconded that the recommendation in the report to grant planning permission be agreed.

Members discussed the lack of accepted sites within the District and that the application was from a family with school links. It was noted how the current location of the caravans was screened by fences and foliage.

The motion was put to the vote and it was

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

1)    The occupation of the site hereby permitted shall be carried on only by Mr M Nichols and his resident dependants, whilst Mr Mark Nichols resides on the site and while he complies with the definition of gypsies and travellers set out in Annex 1 of Planning Policy for Traveller Sites August 2015.

Given that the very special circumstances in this case which clearly outweigh the harm to the openness of the Green Belt and any other harm expressly relate to Mr M Nichols and in accordance with Planning Policy For Traveller Sites August 2015.

2)   There shall be no more than one pitch on the land and on the pitch hereby approved no more than 2 caravans (as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 as amended) shall be stationed on the site at any time, of which only 1 caravan shall be a static caravan, together with the single associated amenity building.

In order to protect the openness of the Green Belt and character of the area as supported by Government Guidance in the form of the National Planning Policy Framework, policy L08 of the Council's Core Strategy and policies EN1 and EN5 of the Allocations and Development Management Plan.

3)   No commercial activities shall take place on the land, including the storage of materials.

In order to protect the openness of the Green Belt and character of the area as supported by Government Guidance in the form of the National Planning Policy Framework and to preserve the visual appearance of the area as supported by EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan.

4)   Notwithstanding the provisions of Part 5 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no other buildings other than the two caravans and  ...  view the full minutes text for item 13.