Prior to commencing with the formal business of the meeting, the Chairman proposed five minutes reading time for all those present to familiarise themselves with the late observations papers that had been tabled.

Members’ were referred to recent correspondence from the Monitoring Officer setting out the important new provisions relating to the disclosure of interests under the Localism Act 2011.

No declarations of disposable pecuniary interests or predetermination were made.

All Members of the Committee present, declared that they had been lobbied in respect of item 4.1 - SE/11/02258/FUL – Land SW of FORGE Garage, High Street, Penshurst TN118BU.

All Members of the Committee present except  for Cllr. Orridge, declared that they had been lobbied in respect of item 4.2 - SE/12/00250/HOUSE – Amberley, Packhorse Road, Sevenoaks TN13 2QP.

Cllr. Williamson declared that he had been lobbied in respect of item 4.4 - SE/12/00557/FUL – Chevening Home Farm, Sundridge Hill, Sundridge TN14 6AJ.

The Chairman ruled that additional information received since the despatch of the agenda be considered at the meeting as a matter of urgency by reason of the special circumstances that decisions were required to be made without undue delay and on the basis of the most up to date information available.

Reserved Planning Applications

The Committee considered the following planning applications:

Erection of Six Affordable Dwellings with associated access and landscaping works as amended by revised plans and documents received on 13.03.12

The proposal sought the erection of 6 x 2 bedroom dwellings on the site, which 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 would be built and occupied as local needs housing units.

Officers considered the proposed development was acceptable subject to the completion of a Section 106 Agreement.  It would provide affordable housing to most local needs in a local area.  The scale, location and design of the development would respect the context of the site and Conservation Area and Area of Outstanding Natural Beauty the visual amenities of the locality.  The development would respect the setting of the Listed Building, and preserve the special character and appearance of the Conservation Area.  The traffic movements generated by the development could be accommodated without detriment to highway safety and it was considered appropriate development within the Metropolitan Green Belt. 

Members’ attention was drawn to the tabled Late Observations sheet which set out further comments received and amended conditions from those set out within the report.

The Committee was addressed by the following speakers:

Against the Application:       Mrs. E. Woolman

For the Application:              Mr. M. Leader

Parish Representative          Mr. J. Cass

Local Member:                                   -

In light of the information that a similar application for an alternative site had been submitted, and upon seeking legal advice, Members considered the possible merits of being able to consider both applications side by side. 

It was MOVED by the Vice–Chairman and duly seconded, that the recommendations as set out within the report and amended by the late observations sheet to grant permission subject to conditions and completion of a S106 Agreement, be agreed.  An amendment to the motion was MOVED by Cllr. Walshe and duly seconded, to defer consideration of the item to a future meeting in order to be able to compare the merits of the application with a similar application that had been submitted by another applicant.

The amendment to the motion was put to the vote and there voted –

6 votes in favour of the amendment

8 votes against the amendment

The Chairman declared the amendment to the motion to be LOST.

Cllr. Cooke advised the meeting that he felt obliged to abstain from voting as his impartiality on this matter had been called into question outside of the meeting..

The original motion was put to the vote and there voted –

10 votes in favour of the motion

4 votes against the motion

Resolved: That

a)        planning permission be GRANTED subject to the applicant entering into a Section 106 Agreement for the provision of affordable housing and highway improvements and 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  ...  view the full minutes text for item 37.

At 8.55 p.m. the Chairman adjourned the Committee for the convenience of Members and Officers. The meeting resumed at 9.09 p.m.

(Cllrs. Brown and Walshe were not present for the consideration of the remaining applications.)

Retention of single storey rear extension, balcony & first floor extensions to north & south elevations. Change of fenestration. Retention of double garage with room above, dormer windows, external staircase & air source heat pumps. Corrected plans received 02/04/12

This application is the consequence of a complaint in respect to a previously granted permission, 10/02828/FUL due to the development as built not being in accordance with the approved plans. The proposal sought retention of a single storey rear extension, balcony & first floor extensions to north & south elevations. Change of fenestration. Retention of double garage with room above, dormer windows, external staircase and air source heat pumps.

Officers considered that the development would not have an unacceptable impact on the residential amenities of nearby dwellings.  Whilst the development had been carried out without permission and could not be condoned the development as constructed needed to be assessed on its merits;  account taken of the previous planning approval;  consideration of the variations to the approved scheme needed to be considered in respect to whether it had an adverse impact and if so whether sufficient to justify the constructed scheme being regarded as unacceptable when the original scheme was considered acceptable.  The principal issues were impact on amenities and street scene, and trees.  The Case Officer reported that since the site meeting that morning he had investigated the noise from the air source heat pumps with Environmental Health and they had confirmed that it was within acceptable limits.

The Committee was addressed by the following speakers:

Against the Application:   Mrs. S. Wandless

     For the Application:          Mr. S. Toms

     Parish Representative:     Mrs. B. Ide

     Local Member:                  Cllr. J. London

Some Members expressed concern that the development had managed to progress so far without the correct permission.  There was concern with regards to the height of the roof garage, impact on the street scene, and over development.

It was MOVED by the Vice-Chairman and duly seconded that planning permission be refused as the proposal represented an over development of the site, was detrimental to the street scene, particularly due to the large two storey garage at the front of the site. The development would also result in an unacceptable loss of privacy to the adjoining property, The Beeches. As a result the proposal was contrary to Policy EN1 of the Sevenoaks District Local Plan, relevant provisions of the Sevenoaks Residential Character Area Assessment and the design policies of the National Planning Policy Framework, notably paragraph 64. 

A Member asked that the acceptability of the access and egress arrangements to the garage be investigated. The motion was put to the vote and unanimously -

Resolved: That the planning application be REFUSED as the proposal represented an over development of the site, was detrimental to the street scene, particularly due to the large two storey garage at the front of the site. The development would also result in an unacceptable loss of privacy to the adjoining property, The Beeches. As a result the proposal was contrary to Policy EN1 of the Sevenoaks District Local Plan, relevant provisions of the Sevenoaks Residential Character Area Assessment and the design policies of the National Planning Policy Framework, notably paragraph 64.

Demolition of underground garage and workshop above and rear first floor bathroom area of house. Erection of a rear extension with room in roof. Basement access to new underground garage. Installation of dormer to rear elevation. Replace windows and doors to sun lounge, replacement windows and doors throughout and widen access in Listed Wall with new doors to garage.

The proposal sought listed building consent to enlarge an existing opening to to the existing Grade II listed wall, in order to facilitate the use of a garage and proposed enlarged parking area. The listed building consent application only related to the works to the listed wall not the other works as described in the report for the extensions to the dwelling which did not require listed building consent. Members were advised that planning permission had been refused under reference SE/12/00292, but listed building consent still needed to be considered on its merits.

The Officers considered the changes to the listed wall would not have an unacceptable impact on the historic fabric, character and appearance of the conservation area/ Historic Park and Garden, and would help facilitate modern vehicular access whilst enhancing the access itself with minimal harm.

The Committee was addressed by the following speakers:

Against the Application:        -

            For the Application:               -

            Parish Representative:          Mr. M. Stokes

            Local Member:                       -

The Local Member who sits on the Committee,  did not see the need to go against policies and allow a listed wall to be damaged whilst there was no approved planning permission for works behind it.

It was MOVED by the Vice-Chairman and duly seconded that the application for Listed Building Consent be granted as per the recommendations within the report.

The motion was put to the vote and there voted –

3 votes in favour of the motion

8 votes against the motion

The Chairman declared the motion to be LOST.

It was MOVED by Councillor Piper and duly seconded that Listed Consent be refused on grounds of 132 and 133 NPPF, of harmful impact on a designated heritage asset when there was no proven justification for the works.

The motion was put to the vote and there voted –

9 votes in favour of the motion

4 votes against the motion

Resolved: That Listed Consent be REFUSED as it was considered that there was no reasoned justification for the proposed alterations to the Grade II listed wall.  Without a proven justification,  the unnecessary harm caused to the heritage asset would be contrary paragraphs 132, 133 of the National Planning Policy Framework.

Erection of new dwelling and detached cartshed

The proposal sought permission for the erection of a new detached farmhouse to be sited adjacent to existing farm buildings at Home Farm. 

The Officers considered that the re-organisation of the Chevening Estate had resulted in the expansion of the dairy unit to the point where a second residential unit was required in close proximity to the farm.  The Council’s Rural Planning Consultant had advised that this unit would meet the tests of relevant guidance such as to demonstrate a functional and financial need for this dwelling within ‘sight and sound’ of the farmyard. The siting and design of the revised scheme was considered to minimise the effects upon the surrounding Green Belt and AONB.  The site lies within registered park and garden of the Chevening Estate and with the revised location in closer proximity to the adjacent farm buildings it was considered that the impact upon the parkland was also reduced to an acceptable level such that the house would sit comfortably within its surroundings.

The Committee was addressed by the following speakers:

Against the Application:        -

For the Application:               Mr. G. Back

            Parish Representative:          Mr. M. Stokes

Local Member:                       -

Members were concerned as to the impact on the green belt and AONB but had mind to the Rural Consultant’s advice.

It was MOVED by the Vice-Chairman and duly seconded that the recommendations in the report subject to an amendment to Condition 7 to lower the ground floor slab level to 1m lower than existing surrounding land levels, to grant planning permission be approved.

The motion was put to the vote and there voted –

8 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)         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 dwelling 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 site as supported by Policy EN1 of the Sevenoaks District Local Plan.

3)         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 Council.  Those details shall include:-planting plans (identifying existing planting, plants to be retained and new planting);-a schedule of new plants (noting species, size of stock at time of planting and proposed number/densities); and-a programme of implementation.-materials for all hard landscaping-  boundary treatment. The scheme shall be implemented in accordance with the approved details. Any plants that are damaged, become diseased, die or are removed within 5 years of the  ...  view the full minutes text for item 40.