To approve the minutes of the meeting of the Committee held on 17 August 2023, as a correct record.

Resolved: That the Minutes of the Development Management Committee held on 17 August 2023, be approved and signed by the Chairman as a correct record.

Including any interests not already registered

There were none.

All Councillors declared that they had been lobbied in respect of Minute 29 -  23/01890/FUL - Land At Robinsons Nursery, Goldsel Road, Swanley Kent and Minute 30 -  23/01891/FUL - Land At Robinsons Nursery, Goldsel Road, Swanley Kent.

UNRESERVED PLANNING APPLICATIONS

There were no public speakers against the following item and no Member reserved the item for debate, therefore, in accordance with Part 7.3(e) of the constitution, the following matter was considered without debate:

Variation of condition 2 (materials), 3 (hard and soft landscaping), 5 (electric car charging points) and 16 (plan numbers) of 22/02353/MMA related to 21/02825/FUL for Creation of seven off-street car parks; the erection of 13 dwellings; an extended replacement to the existing shop and associated landscaping improvements and creation of temporary shop with amendment to drawings to pick up minor changes to parking layouts, landscaping and elevations.

The proposal sought planning permission for variation of condition 2 (materials), 3 (hard and soft landscaping), 5 (electric car charging points) and 16 (plan numbers) of 22/02353/MMA related to 21/02825/FUL for creation of seven off-street car parks; the erection of 13 dwellings; an extended replacement to the existing shop and associated landscaping improvements and creation of temporary shop with amendment to drawings to pick up minor changes to parking layouts, landscaping and elevations. The application had been referred to the Committee as the applicant was Sevenoaks District Council.

The Chairman drew Members attention to the main agenda papers and late observations sheet which did not amend the recommendation. It was moved by the Chairman that the recommendations within the report, be agreed.

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 the time limit imposed on application SE/21/02825/FUL

In pursuance of section 91 of the Town and Country Planning Act 1990.

2)       The materials to be used in the construction of the residential development shall be those indicated on the approved plans: A983-01B-PL-120-F, A983-01B-PL-121-E, A983-01C-PL-120-E, A983-01C-PL-121-E, A983-01F-PL-120-D, A983-01F-PL-121-D.

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)       The hard and soft landscaping, hereby approved, shall be carried out in accordance with the landscaping plans and planting schedules, reference numbers: 6337-LLB-ZZ-E10-DR-L-0001-S4-P03, 6337-LLB-ZZ-E11-DR-L-0001-S4-P01, 6337-LLB-ZZ-E6-DR-L-0001-S4-P02, 6337-LLB-ZZ-E3-DR-L-0001-S4-P01, 6337-LLB-ZZ-E7-DR-L-0001-S4-P01, 6337-LLB-ZZ-ZZ-DR-L-0001-S4-P02, 6337-LLB-ZZ-E10-DR-L-0002-S4-P03, 6337-LLB-ZZ-E11-DR-L-0002-S4-P01, 6337-LLB-ZZ-E3-DR-L-0002-S4-P01, 6337-LLB-ZZ-E6-DR-L-0002-S4-P02, 6337-LLB-ZZ-E7-DR-L-0002-S4-P01, 6337-LLB-ZZ-ZZ-DR-L-0002-S4-P02.

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)       All planting, seeding or turfing approved shall be carried out in the first planting and seeding season following the occupation of the development or the completion of the development, whichever is the sooner. Any trees or plants which, within a period of fiveyears after planting, are removed, die or become seriously damaged or diseased in the opinion of the local planning authority , shall be replaced in the next available planting season with others of similar size, species and number, unless otherwise agreed in writing by the local planning authority.

To ensure the provision, establishment and maintenance of the landscape scheme in the interests of the visual amenities of the locality in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

5)       Prior to the first occupation of the dwellings on sites 6 and 10, eleven electric car charging points with suitable voltage and wiring for the safe charging of electric vehicles within the residential curtilage, shall be installed and thereafter maintained, as per approved plan numbers A983-01B-PL-102-E and A983-01F-PL-102-E.

In order to mitigate and adapt to climate change in accordance with policies EN1 and T3 of the Sevenoaks Allocations and Development Management Plan.

6)       Prior to  ...  view the full minutes text for item 28.

Storage container for domestic use and extension to existing permitted stable building for use as dog kennels.

The proposal sought planning permission for a storage container for domestic use and extension to existing permitted stable building for use as dog kennels. The application had been referred to the Committee by Cllr. Waterton on the grounds that the very special circumstances outweighed the harm to the Green Belt.

Members’ attention was brought to the main agenda papers. The Case Officer also advised that the application was retrospective.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the speakers and officers which focused on storage provision and the built form of the proposed extension. Members were advised that the storage container had been on the site since 2019 and without the storage container, its contents would be stored outside.

It was moved by the Chairman that the recommendation to refuse planning permission within the report, be agreed. Members discussed the application giving consideration to the storage provision, the built form of the proposals, and the impact on the green belt.

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

Resolved:  That planning permission be refused as the proposed development by way of inappropriateness would result in harm to the Green Belt, this harm in accordance with the National Planning Policy Framework must be afforded substantial weight. The stable extension is disproportionate to the size of the original building. The case of very special circumstances does not clearly outweigh the harm identified. The development is therefore contrary to policy GB8 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

Erection of a stable barn containing 4 foaling boxes, stocks, tack room and hay store.

The proposal sought planning permission for the erection of a stable barn containing four foaling boxes, stocks, tack room and hay store. The application had been referred to the Committee by Cllr. Waterton on the grounds that the proposals had addressed the reasons for refusal of the last application and appeal.

Members’ attention was brought to the main agenda papers and late observation sheet which did not amend the recommendation. The Case Officer explained that guidance from the British Horse Society was set out in the late observations to provide additional clarification.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the speakers and officers with particular focus on the bulk and scale of the development and very special circumstances. The application proposed a reduction in size from the previously refused scheme and additional information for the case of very special circumstances had been submitted.

It was moved by the Chairman that the recommendation to refuse planning permission within the report, be agreed. Members discussed the application giving consideration to the bulk and scale of the proposals and whether the very special circumstances outweighed the harm to the green belt. Members further considered that the proposed development would provide shelter for foaling and unwell horses and highlighted the animal welfare benefits. Members also noted the benefits of the development to the business and the rural economy.

The motion to refuse planning permission was put to the vote and it was lost.

It was moved by the Chairman that planning permission be granted on the grounds that, the very special circumstances clearly outweighed the harm to the green belt and that delegated authority be granted to the Deputy Chief Executive and Chief Officer – Planning & Regulatory Services to draft planning conditions, following consultation with the Local Ward Member and Chairman of the Development Management Committee.

The motion was put to the vote and it was

Resolved: That planning permission be granted subject to conditions covering issues of time period, plans, external materials, restrict use only to isolation foaling horses and/or unwell horses, external lighting and waste disposal, and the Deputy Chief Executive and Chief Officer – Planning & Regulatory Services be delegated precise wording following consultation with the Local Ward Member and Chairman of the Development Management Committee.