Minutes of the meetings of the Committee held on 28 June 2012 (attached) and 4 July 2012 (to follow)

Members clarified that on application SE/12/00803/FUL – The Old Wheelwrights, The Green Brasted TN16 1JL they believed parking should be self-sufficient.

Resolved: That the minutes of the meetings of the Development Control Committee held on 28 June 2012, as amended, and 4 July 2012 be approved and signed by the Chairman as a correct record.

No declarations of interest or predetermination were made.

Cllr. McGarvey declared that he had been lobbied in respect of items 4.1 SE/11/01324/FUL - Farningham Mill & Associated Buildings, High Street, Farningham Kent DA4 0DG and 4.2 SE/11/01325/LBCALT - Farningham Mill & Associated Buildings, High Street, Farningham Kent DA4 0DG.

The Chairman ruled that additional information received since the despatch of the agenda be considered at the meeting as a matter of urgency for the following reasons:

Item 4.7 SE/12/00571/LBCALT – 10 St Ediths Road, Kemsing TN15 6PT: The item has previously been deferred for further information which had now been provided and assessed. Consideration at the meeting would avoid further delay in the final decision.

Item 4.8 SE/12/01020/HOUSE – Byways, Scords Lane, Brasted, Kent TN16 1QE: To avoid undue delay in determining the application which had already exceeded the statutory period.

The Committee considered the following planning applications:

Replace existing single glazed windows with white painted wooden double glazed windows

The item had been deferred from the meeting on 24 May 2012 for the applicant to provide an independent survey on the condition of the windows in the property. That survey was included as an appendix to the report.

The proposal was for listed building consent to replace all the existing windows at the property with white painted wood double glazed windows. The report advised that there needed to be a clear and convincing justification for the replacement of the historic fabric of a designated heritage asset. The survey report of the condition of the windows showed that the windows were suffering from wet rot and/or were swollen. No assessment had been made that the windows could not be repaired and therefore the proposal would result in partial loss of the heritage asset.

Some Members agreed with the Officers that planning policy advised repairs should be made where possible and that the applicant’s survey had dealt inadequately with the option to repair the windows.

Other Members felt the applicant had produced the survey, as requested, and this survey had shown problems in each of the windows. They also noted that there would be difficulty in replacing all the windows in the same style if they were not replaced at the same time.

It was MOVED and was duly seconded that:

“That listed building consent be GRANTED  subject to the following conditions:

1) The works to which this consent relates shall begin before the expiration of three years from the date of this consent.

In pursuance of section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2) The development hereby permitted shall be carried out in accordance with the following approved plans: 11-003(08)002, 11-003(02)001 and layout of front window received on the 2 March 2002.

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

3) No works shall take place until window details, at a scale of not less than 1:20; have been submitted to and approved in writing by the Council. The works shall be carried out in accordance with the approved details.

To maintain the integrity and character of the Listed Building as supported by the National Planning Policy Framework.”

The motion was put to the vote and there voted –

11 votes in favour of the motion

2 votes against the motion

Cllr. Dickins requested that his abstention be recorded because he was absent for part of the debate when this item was considered at the meeting of the Committee on 24 May 2012.

Resolved: That listed building consent be GRANTED  subject to the following conditions:

1) The works to which this consent relates shall begin before the expiration of three years from the date of this consent.

In pursuance of section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2) The development hereby permitted shall be carried out in accordance with the following approved plans: 11-003(08)002, 11-003(02)001 and layout of front window received on the 2 March  ...  view the full minutes text for item 45.

Residential conversion of existing building and new build. Flood protection measures, on site parking, new pedestrian bridge and associated landscaping and refuse provision

The application proposed a combination of new build residential dwellings and the renovation and conversion of existing buildings to residential use, together with ancillary works to address the renovation of the listed folly, flood alleviation works, car parking and landscaping works.

Officers considered that the works required were substantial and would have an adverse impact upon the significance of this site and its many listed buildings and structures. However the level of harm was considered to be less than substantial and great weight should be given to the conservation of all affected designated heritage assets. The proposals would affect surrounding residents and the visual amenities of the area.  It was considered that the changes proposed would be sympathetic to the existing character of the site and wider area. 

Members’ attention was drawn to the tabled Late Observations sheet.

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:        Nigel Glaister

            For the Application:               Nicholas de Lotbiniere

            Parish Representative:          -

            Local Member:                       Cllr. Ms. Chetram

A Member requested that condition 33 be amended so that materials were to be white, as he felt this would be more in keeping with the area. Officers agreed to amend conditions 33 so it also included approval of “colour”.

In response to a question Officers confirmed 43 parking spaces had been provided for 20 units, including those dwellings already on site.

Discussions about the section 106 agreement were still ongoing and one of the heads of terms was the phasing of development. Members were concerned that, although the conservation works should be carried out, they did not want the project to collapse due to cost. Officers reminded Members that the folly had to be restored no later than once half the site had been occupied. One Member proposed that the developer submit a bond for the conservation works.

A Member was concerned that all dwellings ought be fitted with modern separate sewerage disposal. Officers advised this was a concern for Building Control and conditions should not be added to the planning permission duplicating other controls. An informative would be added instead.

Members noted the possible flood risk at Tiger Cottages. Officers clarified that Tiger Cottages could not be developed until a scheme had been submitted to demonstrate the loss of flood storage arising from the two dwellings would not result in increased flood levels elsewhere.

Officers advised that since the late observations sheet there were to be further amendments to the conditions. The consent in Condition 6 should be from the Local Planning Authority in agreement with the Environment Agency. The plans in Condition 9 should be submitted and approved by the Local Planning Authority. Condition 47 would be added to ensure obscure glazing on some properties, in order to reduce overlooking.

The local Member who sat on the Committee and was also Chairman of the local parish council noted the present application was more modest than previous ones.  ...  view the full minutes text for item 46.

Works associated with the conversion of existing buildings into residential and ancillary accommodation

The proposal was for listed building consent for those works associated with the conversion of existing buildings into residential and ancillary accommodation.

Officers considered that some elements of the scheme would cause harm to the significance of the estate and the buildings on it both in terms of actual physical harm to the fabric of the buildings and in terms of harm to the setting of the estate. However the harm would not amount to substantial harm and the benefits that would accrue from securing the future use and on-going maintenance in the manner proposed could outweigh the reduced harm to significance.

There were still matters to be resolved and these would be dealt with by means of a section 106 obligation and conditions.

Members’ attention was drawn to the tabled Late Observations sheet.

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

Members’ attention was drawn to those facts also stated in minute item 46. There were no further public speakers for this item.

The local Member, who sat on the Committee, was concerned how significantly the site had deteriorated in the last 12 months. Buildings were in danger of falling apart soon. He would not have accepted development at any cost, but he felt these proposals were appropriate.

It was MOVED and was duly seconded that the recommendation in the report, as amended by the Late Observations Sheet, to grant listed building consent subject to conditions be adopted. The motion was put to the vote it was unanimously –

Resolved: To refer this application to the Secretary of State for consideration under the call in procedure.  If the application is not called in then subject to completion of an appropriate S106 Obligation with the following Heads of Terms: - Management Plan, Restoration of the Folly and Phasing  of Development,  that Listed Building Consent be GRANTED subject to the  following conditions:-

1)         The works to which this consent relates shall begin before the expiration of three years from the date of this consent.

In pursuance of section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2)         Prior to the commencement of works, a structural engineers method statement for carrying out structural works and repairs to the Mill House shall be  submitted to and approved in writing by the Local Planning Authority, in consultation with English Heritage.  The works shall be carried out in accordance with the approved details.

To ensure minimum harm to the fabric and character of this heritage asset.

3)         Prior to the commencement of works on any existing buildings on this site, large scale drawings showing the proposed methods of providing any new insulation and sound separation to all dwellings shall be submitted and approved in writing by the Local Planning Authority in consultation with English Heritage.  The scheme shall be carried out fully in accordance with the approved details.

To ensure the proposed development is in harmony with the existing listed  ...  view the full minutes text for item 47.

At 8.40 p.m. the Chairman adjourned the Committee for the convenience of Members and Officers. The meeting resumed at 8.53 p.m.

Development for 13 dwellings plus garaging, parking, landscaping and associated infrastructure. Demolition and replacement of the garage and boundary wall to The Cottage, and improvements to Hollow Trees Drive

The proposal was for the development of the site with 13 dwellings, including 4 affordable dwellings, consisting of a mixture of two storey detached, link detached semi-detached and terraced dwellings arranged around a shared access leading from Hollow Trees Drive. The proposal additionally included the demolition and replacement of the existing garage serving The Cottage, Powder Mill Lane. Hollow Trees Drive will increased to a width of 3.5m with 3 no. 6m wide passing bays.

Officers considered that the proposal was acceptable in its current form except that, in the absence of a section 106 agreement, the proposal failed to secure on-site affordable housing in accordance with SP3 and fails to secure necessary developer contributions.

The site was within the built confines of Leigh and part of the drive was in the Green Belt.

Members’ attention was drawn to the tabled Late Observations sheet.

The Committee was addressed by the following speakers:

            Against the Application:        Claire Denison

            For the Application:               Lucy Stone

            Parish Representative:          -

            Local Member:                       -

Officers responded to Members questions. They stated they did not believe the allotments had been statutory allotments. The density across the site as a whole was 23 dwellings per hectare and 25 per hectare if the road were excluded.

A Member felt the access route was too narrow. Another suggested that a narrow road would assist in reducing speed.

It was MOVED was duly seconded that the 2 recommendations in the report be adopted. The motion was put to the vote and there voted –

12 votes in favour of the motion

2 votes against the motion

Resolved:

a)    That, subject to receipt of a signed and valid S106 Obligation to secure on-site affordable housing and the necessary developer contributions on or before 2 August 2012, authority be delegated to the Community and Planning Services Director to GRANT planning permission 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 and 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.

To ensure that the appearance of the development is in harmony with the existing character of the area in accordance with EN1 of the Local Plan and as supported by the National Planning Policy Framework.

3.    No development shall be carried out on the land until full details of soft and hard landscaping works have been submitted to and approved in writing by the Local Planning Authority.  Those details shall include:- details of proposed hard surfaces, including details of the proposed resurfacing and widening of Hollow Trees Drive and internal roads, pathways, driveways and patios. The  ...  view the full minutes text for item 48.

Demolition of west wing, garaging and pool annexe, and erection of new and replacement extensions including basement, pool annexe and accommodation in the loft space.

Members were informed that this item had been WITHDRAWN from the agenda.

Demolition of west wing, garaging and pool annexe.

Members were informed that this item had been WITHDRAWN from the agenda.

Amendment to previously approved scheme reference 11/00120/FUL in order to increase the height of the dormers. Enlarge the window on first floor at side and add window to first floor at rear (retrospective), altered rear extension design.

The proposal was for an amendment to extant planning permission SE/11/00120/FUL. The changes included altered height, width and position of both the front and rear dormers to the side facing roof slope, the enlargement of the first floor side facing window to the small bedroom and an amended design to the single storey rear element, omitting in particular the ground floor glazing to the flank.

The application site was located within the urban area of Sevenoaks and within the Hartslands Conservation Area. The dwelling was not listed and there were no Tree Preservation Orders in force on the site.

Officers considered that the proposal was in accordance with the policies of the Development Plan. The development would respect the context of the site and would not have an unacceptable impact on the street scene. Any potentially significant impacts on the amenities of nearby dwellings could be satisfactorily mitigated by way of the conditions imposed.

Members’ attention was drawn to the tabled Late Observations sheet.

The Committee was addressed by the following speakers:

            Against the Application:        Nichola Williams

            For the Application:               -

            Parish Representative:          -

            Local Member:                       Cllr. Mrs. Purves

A representation from Cllr. Walshe was read out as he was unable to attend the meeting.

Members were concerned that they were again considering a matter where significant construction work had taken place contrary to the permission which had been granted. Members strongly believed that the Planning Enforcement Team should be more pro-active.

In response to a question Officers confirmed that the previous decision had been made under delegated authority and they were unaware of other dormers on neighbouring properties.

The Committee commented that the white plastic cladding on the dormers was out of keeping with the surrounding area. Under the amended proposals the dormers would also increase in volume by approximately 41%.

It was MOVED and was duly seconded:

“That planning permission be refused on the following grounds:

1) The dormers due to their size and through the use of inappropriate materials results in harm to the character of the Conservation Area as well as being visually detrimental to the streetscene. The dormers also have an overbearing impact on the residential amenity of the neighbouring property.  As such the proposal is contrary to the saved policies EN1 and EN23 of the Sevenoaks District Local Plan.”

The motion was put to the vote and it was unanimously

Resolved: That planning permission be REFUSED on the following grounds:

1) The dormers due to their size and through the use of inappropriate materials results in harm to the character of the Conservation Area as well as being visually detrimental to the streetscene. The dormers also have an overbearing impact on the residential amenity of the neighbouring property.  As such the proposal is contrary to the saved policies EN1 and EN23 of the Sevenoaks District Local Plan.

The addition of 7 no. rooflights and alterations to the external doors and windows

The proposal was for the addition of 7 roof lights, the replacement of an existing doorway with an aluminium sliding door and the replacement of a window and a French window with sliding doors. The site had been granted permission as a replacement dwelling in 2003 at which point permitted development rights had been removed.

Officers considered that the proposed development would not have a detrimental impact upon local amenities, the Area of Archaeological Potential, the Area of Outstanding Natural Beauty or the Metropolitan Green Belt.

Members’ attention was drawn to the tabled Late Observations sheet.

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:        -

            For the Application:               Peter Wright

            Parish Representative:          Cllr. Hocknell

            Local Member:                       Cllr. Firth

At 10:28 p.m. it was MOVED by the Chairman that, in accordance with rule 16.1 of Part 2 of the Constitution, Members extend the meeting beyond 10.30 p.m. to enable the Committee to complete the business on the agenda. The motion was put to the vote and it was

Resolved: That the meeting be extended past 10.30 p.m. to enable the Committee to complete the business on the agenda.

A Member suggested that the roof lights could look inappropriate if the windows were made of white plastic.

The Committee noted the concern of the local Member that the roof lights could be visible from the front. However, Members believed that the roof lights would only be visible from the driveway, not the road.

It was MOVED and was duly seconded that the recommendation in the report to grant permission subject to conditions be adopted together with an additional condition for the approval of materials used for the windows. The motion was put to the vote and there voted –

11 votes in favour of the motion

2 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)         The development hereby permitted shall be carried out in accordance with the following approved plans: D.013B, 014A, 015A, 016, 018B, 019, 020B, 021A, 022B

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

3) No development shall be carried out on the land until details of the materials to be used in the construction of the rooflights hereby permitted have been submitted to and approved in writing by the Council. 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 EN1 as supported by Policy EN1 of the Sevenoaks District Local Plan.