Agenda and minutes

Venue: Council Chamber, Argyle Road, Sevenoaks

Contact: Democratic Services 01732 227165  Email: democratic.services@sevenoaks.gov.uk

Items
No. Item

It was noted that Application 19/02127/FUL - Abbeyfield, St Marys, 15 The Glebe Field Shoreham Lane Riverhead Kent, had been withdrawn by the Applicant

49.

Minutes pdf icon PDF 66 KB

To approve the minutes of the meeting of the Committee held on 18 December 2019, as a correct record.

 

Minutes:

Resolved: That the Minutes of the Development Control Committee held on 18 December 2019 be signed by the Chairman as a correct record.

50.

Declarations of Interest or Predetermination

Including any interests not already registered

Minutes:

Councillor Ball declared that for Minute 54 – 19/01496/FUL 11-13 High Street, Swanley, Kent BR8 8AE he had previously considered the matter when it was discussed by Swanley Town Council, but remained open minded.

51.

Declarations of Lobbying

Minutes:

There were none.

Reserved Planning Applications

The Committee considered the following planning applications:

52.

Porters Farm, Birchin Cross Road, Knatts Valley Kent TN15 6XH pdf icon PDF 782 KB

Change of use and conversion of 3 no. agricultural barns to provide 4no. residential dwellings, including partial demolition of existing barn, with associated landscaping, access and parking.

Minutes:

The proposal sought planning permission for change of use and conversion of 3 no. agricultural barns to provide 4 no. residential dwellings, including partial demolition of existing barn, with associated landscaping, access and parking.  The application had been referred to Development Control Committee by Councillor Edwards-Winser for reasons of: the impact on the Green Belt and whether the proposals comprise 're-use' of the existing buildings; harm to the AONB; and, the unsustainable location of the development and subsequent reliance on private cars.

 

Members’ attention was brought to the main agenda papers and late observations.

 

The Committee was addressed by the following speakers:

 

Against the Application:

Sarah Parks

For the Application:

Matthew Garvey

Parish Representatives:

Parish Cllr Susanne Hubble

Local Member:

Cllr Edwards-Winser

Members asked questions of clarifications from the speakers and officers.  In response to a question as to whether the recent appeal decision at Vine Cottage, Penshurst (ref 17/00825/FUL) was distinguishable or binding on this application, Members were advised that it was not a binding authority but demonstrated an example of how on appeal, these matters could be considered.  All applications were to be looked at on their own merits.  It was further clarified that a formal definition could not be given for ‘cladding’ nor for what constituted ‘minor works’ in this context as this was more a judgement of fact and degree.

 

It was moved by the Chairman and duly seconded that the recommendation to grant the application subject to the conditions and informative as set out within the report, be agreed.

 

Members discussed the application, in particular the interpretation of ‘re-use’ and ‘rebuild’ as there was concern on the current use and condition of the barns; and, whether the Penshurst appeal decision was comparable to the current application, along with non-compliance with the Council’s policies.  Also concern with regard to the current use and the overall condition of the barns was expressed.

 

The motion was put to the vote and it was lost.

 

Members debated reasons for refusal which centred on the proposal being considered substantial reconstruction due to the significant works required and therefore not being compliant with GB7 of the Sevenoaks ADMP and the NPPF.  It was moved by the Chairman, duly seconded and

 

Resolved: That planning permission be refused on the grounds that the proposals would be inappropriate development in the Green Belt and harmful by definition as they fail to constitute the re-use of buildings, contrary to policy GB7 of the Sevenoaks ADMP and the NPPF.

 

 

53.

Land Opposite, 9 - 16 Church Lane, Kemsing Kent TN15 6LU pdf icon PDF 791 KB

Erection of 3 no. dwellings and amendments to road and parking layout. As amplified by amended site plans and amended Arboricultural Report and ecological assessments.

Minutes:

The proposal sought planning permission for the erection of 3 no. dwellings and amendments to road and parking layout. As amplified by amended site plans and amended Arboricultural Report and ecological assessments.  The application had been referred to Development Control Committee as Sevenoaks District Council was the applicant.

 

Members’ attention was brought to the main agenda.

 

The Committee was addressed by the following speakers:

 

Against the Application:

Georgina Lloyd

For the Application:

Adrian Clark

Parish Representative:

Parish Cllr Matt Bell

Local Members:

Cllr Morris

Members asked questions of clarification from the speakers and officers.  It was confirmed that the land was owned by Sevenoaks District Council, and that there was no application to register it as a village green.  In response to a question as to when public use of the land became a right, Members were advised that under the Commons Act 2006 it could be registered if a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, had indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years.  Clarification was sought on distances between the current and proposed properties, and Members signposted to paragraphs 41 to 43 of the report concerning Section 85 of the Countryside and Rights of Way Act 2000 and Policy EN5 of the ADMP.

 

It was moved by the Chairman and duly seconded that the recommendation to grant the application subject to the conditions and informatives as set out within the report, be agreed.

 

Members discussed the application, in particular compliance with Section 85 of the Countryside and Rights of Way Act 2000 and Policy EN5 of the ADMP, as the site was within the Kent Downs Area of Outstanding Beauty.  Some concern was expressed on the age of potential occupiers of the new build versus the existing ‘aged persons bungalows.’  Members were advised that an age restriction could be conditioned but would require reasonable grounds.  The use of the land and the benefit for health and wellbeing of residents was also discussed.

 

The motion was put to the vote and it was lost.

 

(Councillor Hudson requested her abstention be recorded.)

 

Members debated reasons for refusal which centred on loss of open space, the detrimental impact on the street scene and failure to comply with Policy EN5 of the ADMP.

 

The motion was put to the vote and it was

 

Resolved: That planning permission be refused on the grounds of loss of open space, layout and detrimental impact on the street scene as it failed to preserve, conserve or enhance the distinctive character of the area and the AONB, contrary to Policy EN5 of the ADMP.

 

 

(Councillors Cheeseman and McGarvey left the room during debate of reasons for refusal and therefore did not take part in the remaining debate or voting thereon.)

54.

11-13 High Street, Swanley, Kent BR8 8AE pdf icon PDF 1 MB

Proposed demolition of existing building. Erection of new building to provide A1 Retail at part ground floor and C3 residential accommodation 11 units at ground to second floor with a 12th unit in attic floor space and 3 apartments to the third floor. Provision of rear undercroft.

Minutes:

The proposal sought planning permission for proposed demolition of existing building. Erection of new building to provide A1 Retail at part ground floor and C3 residential accommodation 11 units at ground to second floor with a 12th unit in attic floor space and 3 apartments to the third floor. Provision of rear undercroft. The application had been referred to Development Control Committee Councillor Barnes on the grounds of insufficient parking.

 

Members’ attention was brought to the main agenda papers and late observations.

 

The Committee was addressed by the following speakers:

 

Against the Application:

-

For the Application:

-

Parish Representative:

-

Local Members:

Cllr Barnes

         

Members asked questions of clarification from the speakers and officers concerning previous applications and car parking allocation.

 

It was moved by the Chairman and duly seconded that the recommendation to grant the application subject to the conditions and informatives as set out within the report, be agreed.

 

Members discussed the application, with particular regard to parking provision.

 

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: SLP.01, S.01, S.02, PL.01/A, PL.02/C, PL.03/B, PL.04/D, PL.05/A, PL.11/C, PL.12/C.

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

3)   The development shall be carried out only in accordance with details approved on 20.11.2019 under reference 18/02774/DETAIL and also those details approved on 26.07.2019 under reference 19/01484/DETAIL relating to land contamination and remediation of land contamination.

      In the interests of pollution prevention and to protect public health in accordance policy SC1 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

4)   No occupation of any of the residential units shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan and certificates for removed material and imported soils to demonstrate that the site remediation criteria have been met.

      In the interests of pollution prevention and to protect public health in accordance with the National Planning Policy Framework.

5)   In the event that unexpected contamination is found at any time when carrying out the approved development it must be reported in writing to the local planning authority immediately. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared and approved in writing by the local planning authority. Development must accord with the approved details. Following completion of the remediation works, a verification report must be prepared  ...  view the full minutes text for item 54.

 

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