The proposal sought permission of the erection of one 1 bedroom bungalow, parking and garden space.

The application had been referred to the Development Control Committee by Councillors Maskell and Esler due to the impact to the character of the area in accordance with policy EN1 of the Sevenoaks District Council's Allocation and Development Management Plan and the National Planning Policy Framework.

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

The Legal Officer informed Members that since this application came to Committee in January 2019, which advised the Planning Inspectorate that the Committee would have granted planning permission, the appeal had been withdrawn. He advised that Members should consider the application on what was in front of them during this meeting. He reported that applications for the site had previously been invalidated and there remained outstanding concerns regarding the accuracy of the red line boundary. Officers were of the opinion that it had sufficient information to determine the application.

The Committee was addressed by the following speakers:

Against the Application:    Ray Bushell

For the Application:          Colin Sharpe

Parish Representatives:     Councillor Le Bretton

Local Member:                  Councillor Maskell

Members asked questions of clarification from the Officers. The Vice Chairman queried whether the boundary dispute included the driveway or built form. The Planning Officer advised that these would not encroach on land boundaries, nor soft landscaping which would be focussed on the front of the plot. She also advised Members that site ownership would be a civil matter rather than a planning matter. Members queried whether the AONB boundary was over other sites in the area. The site, with most of Westerham, was part of the Kent Downs AONB.

It was moved by the Chairman and duly seconded that the recommendation within the supplementary agenda be agreed.

Members debated the application. The Vice Chairman cited that she sympathised with the neighbours over the boundary issue, but believed this was a civil matter rather than a planning matter. She advised that this was a central town location and there had been plenty of development in the area.

The motion to grant planning permission 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: S18/6535/01, 17815PL101 C, 17815PL102 B.

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

 3)  No development shall be carried out above damp proof course level of the   hereby approved dwelling 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 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 as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

4)   Prior to the occupation of the dwelling full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority.  Those details shall include: - planting plans         (identifying existing planting and trees, plants and trees to be retained and new planting and trees), -written specifications (including cultivation and  other operations associated with tree, plant and grass establishment), -schedules of new plants and trees (noting species, size of stock at time of planting and proposed number/densities where appropriate), - Details of any means of enclosure, and -a programme of implementation. If any part        of the approved landscaping scheme is removed, dies, becomes severely damaged or diseased within five years of completion of the development shall be replaced with the same species or an approved alternative to the satisfaction of the Local Planning Authority within the next planting season. The works shall be carried out in accordance with the approved details.

To enhance the visual appearance of the area as supported by EN5 of the Sevenoaks Allocations and Development Management Plan.

 5)  Prior to any works commencing on site (including vegetation clearance) a precautionary ecological method statement and ecological enhancement strategy produce by an experienced ecologist is submitted for written approval by the local planning authority. The works must be implemented as detailed within the approved strategy.

To ensure the protection of any protected species and reptiles in accordance with policy SP11 of the Sevenoaks District Council Core Strategy.

 6)    Prior to the occupation of the approved dwelling details of ecological enhancements across the site shall be submitted to and approved in writing by the local planning authority. The proposed works shall be carried out in accordance with the approved details.

To enhance the ecology of the local area, protected species and reptiles in accordance with policy SP11 of the Sevenoaks District Council Core Strategy.

 7)    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order amending, revoking and re-enacting that Order) no enlargement, improvement or other alteration permitted by Class A, D or E of Part 1 of Schedule 2 or Class A of part 2 of Schedule 2 of the 2015 Order (as amended), shall be carried out or made to the dwelling without the grant of a further planning permission by the local planning authority.

To safeguard the amenities of neighbouring occupiers as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 8)    Development shall not begin until details of surface water drainage works have been submitted to and approved in writing by the local planning authority. The dwelling shall not be occupied until the approved works for the disposal of surface water have been provided on the site in accordance with details to be submitted to and approved in writing by the local planning authority.

In the interest of preventing surface water run-off in accordance with policy EN1 of the Sevenoaks District Council Allocation and Development Management Plan.

 9)    The development hereby permitted shall be carried out in accordance with tree protection guidance BS5837:2012 and construction shall follow the following guidance: (a) All trees to be preserved shall be marked on site and protected during any operation on site by temporary fencing in accordance with BS 5837:2012 or otherwise to the satisfaction of the Local Planning Authority.  The means of tree protection shall be maintained until all equipment, machinery and surplus materials have been removed from the land;   (b) No fires shall be lit within the spread of branches of the trees and other vegetation;   (c) No materials or equipment shall be stored within the spread of the branches of the trees and other vegetation;   (d) No buildings, roads or other engineering operations shall be constructed or carried out within the spread of the branches of the trees and other vegetation;   (e) No pruning of the existing trees or the spread of the branches shall take place, except as may be otherwise agreed in writing by the Local Planning Authority.

To protect the existing trees and the visual amenity of the area in accordance with policy EN1 of the Sevenoaks District Council Allocation and Development Management Plan.

10)     Prior to the occupation of the dwelling a scheme to show the provision of electric vehicle charging point, including the proposed location, type and specifications shall be submitted to and approved by the Local Planning Authority. The charging point shall be installed in accordance with the approved details prior to first occupation of the development.

To ensure the sustainability of the site in accordance with policy T3 of the Allocations and Development Management Plan. The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted.