The proposal sought permission for a minor material amendment to 16/03186/FUL – Proposed Chapel, maintenance store, access, car parking and associated landscaping.  To re-position external windows and doors. As amplified by amended proposed site plan drawing received 25 April 2019.

The application had been referred to the Development Control Committee by Councillor Williamson on the grounds that that the proposals may have an unacceptable impact on the openness of the Green Belt contrary to policy.

Members’ attention was brought to the main agenda papers and late observations which amended condition 3 and included an additional condition 12.

The Committee was addressed by the following speakers:

Against the Application:   -

For the Application:         Neal Thompson

Parish Representative:      Parish Cllr Terry Brooker

Local Member:                 Cllr Grint

Members asked questions of clarification from the Officers and speakers and were advised that the 5 trees were removed by a statutory undertaker and a further 8 were removed by the applicant. The Legal Officer informed Members the High Court injunction should not be taken into consideration and the application needed to be considered on its own merits.

It was moved by the Chairman and duly seconded that the recommendation within the report as altered by the late observations be agreed.

Members debated the application and considered whether a 20% increase could be considered as minor in the Green Belt.

The motion was put to vote and it was

Resolved: That planning permission be granted subject to the following conditions

1)   The permission hereby granted shall only be exercised in conjunction with the permission for use of the land as a cemetery in accordance with SE/93/01575/FUL as amplified by SE/08/02894/LDCEX.

This permission is granted specifically in relation to the special circumstances surrounding the use of the site in this Green Belt location as supported by Government advice in the form of the National Planning Policy Framework.

2)   The maintenance building shall not be constructed other than in accordance with the details indicated on drawing 3917_PL_07 on application SE/16/03186/FUL.

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)   Within one month from the date of this decision the following information shall be submitted to the District Planning Authority for approval in writing:

·      Details of the individual tree planting indicated as part of the landscaping proposals on Proposed Site Plan drawing 3917_PL_10 Rev D, such details to specify the siting, species and size ofplanting.

·      Details of a scheme of tree planting to the east of the access road opposite the chapel and adjacent to the proposed turning head. Such details to include the precise location, species and variety of a number of indigenous or semi-indigenous trees with a minimum 12-14cm girth as measured at 1m aboveground.

The tree planting shall be implemented within 2 months of the date of approval of details.

In all other respects, the hard and soft landscaping shall be implemented in accordance with the details indicated on the Proposed Site Plan.

The landscaping and tree planting shall have a two year maintenance/watering provision following planting and any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within ten 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 development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

To safeguard the visual amenities of the area as supported by EN1 of the Sevenoaks Allocations and Development Management Plan.

4)   Unless in accordance with the badger survey and mitigation approved under reference 18/00144/DETAIL approved 6 March 2018, no further development shall take place until an updated badger survey has been undertaken and any potential impact from the proposals considered. Details of the results of the survey and any proposed mitigation and timetable for implementation as necessary shall be submitted to the District Planning Authority for approval in writing. Any necessary mitigation shall be undertaken in accordance with the approved details within the agreed timescale.

In the interests of the impact on protected species as supported by Government advice in the form of the National Planning Policy Framework, policy SP11 of the Council's Core Strategy.

5)   Unless in accordance with the details approved under reference 18/00145/DETAIL approved 3 August 2018 no external lighting shall be installed on site until a "lighting design strategy for biodiversity" for the site has been submitted to and approved in writing by the local planning authority. The lighting strategy shall: a) Identify those areas/features on site that are particularly sensitive for badgers and bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory; b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory. No external lighting shall be installed on the building or within the site other than in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the approved details.

In the interests of the impact on protected species as supported by Government advice in the form of the National Planning Policy framework, policy SP11 of the Council's Core Strategy.

6)   Any further measures required in regard to the control and mitigation of Japanese Knotweed on the site shall be carried out in accordance with the details approved under reference 18/00146/DETAIL dated 6 March 2018.

In the interests of the ecology of the site as supported by Government advice in the form of the National Planning Policy Framework, policy SP11 of the Council's Core Strategy.

7)   The Construction Management Plan approved under reference 18/00149/DETAIL dated 31 May 2018 shall be adhered to throughout the remaining construction period.

In the interests of convenient access and highway safety as supported by policies EN1 and T1 of the Allocations and Development Management Plan.

8)   The 2.4m by 120m sightline indicated on drawing 3917_PL_04 approved under reference 16/03186/FUL dated 27 January 2017 shall be provided and maintained in accordance with the approved drawing and there shall at no time be any obstructions over 1m above the carriageway within the splays.

In the interests of convenient access and highway safety as supported by policies EN1 and T1 of the Allocations and Development Management Plan.

9)   Prior to occupation of the development details of the size, design and materials of the bin storage shall be submitted to the District Planning Authority for approval in writing. No bin storage shall be provided other than in accordance with the approved details.

To ensure the provision satisfactory design and appearance of the refuse stores as supported by policy EN1 of the Allocations and Development Management Plan.

10)   The details relating to minimising the risk of crime on the site shall be implemented in accordance with the details approved under reference 18/00150/DETAIL dated 31 May 2018.

In the interest of Security, Crime Prevention and Community Safety as supported by the National Planning Policy Framework and Policy EN1 of the Allocations and Development Management Plan.

11)   For the avoidance of doubt the information to which this decision relates is as follows: Drawing Nos.: 3917_PL_02 C, PL_10 D, PL_13 C; Willow Town & Country Planning Ltd. Planning Statement and BHD Supporting Statement.

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

12)  Within one month of the date of this decision, details of which specific ecological enhancements are to be implemented out of the variety recommended in the Landscape Planning Ltd. Preliminary Ecological Appraisal approved under application reference 16/03186/FUL, together with a timetable for implementation, shall be submitted to the District Planning Authority for approval in writing. The approved enhancements shall be implemented in accordance with the approved details.

To safeguard the ecological interests of the site as supported by EN1 of the Sevenoaks Allocations and Development Management Plan and policy SP11 of the Council's Core Strategy.

Informative

The applicant is advised that no removal of hedgerows, trees or shrubs should take place between 1st March and 31st August inclusive to avoid any damage or disturbance to nesting birds.