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 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:

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 by suitably qualified and accredited persons and submitted to the local planning authority for written approval.

      To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks in accordance with policy SC1 of the Core Strategy and the National Planning Policy Framework.

6)   Unless in accordance with the details approved on 07.01.2019 under reference 18/02840/DETAIL, no development shall be carried out on the land until a detailed sustainable surface water drainage scheme for the site shall be submitted to and approved in writing by the local planning authority. The detailed drainage scheme shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of without increase to flood risk on or off-site. Discharge rates shall be restricted to 50% of the peak brownfield discharge rate unless otherwise agreed in consultation with the Lead Local Flood Authority and Thames Water. No development shall take place other than in accordance with the approved details.

      To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding in accordance with policy SP2 of the Core Strategy and the National Planning Policy Framework.

7)   No building hereby permitted shall be occupied until details of the implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Details shall include: i) a timetable for its implementation; and ii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage system throughout its lifetime. No development shall take place other than in accordance with the approved details.

      To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions in accordance with policy SP2 of the Core Strategy and the National Planning Policy Framework.

8)   Unless in accordance with the details approved on 20.11.2018 under reference 18/02842/DETAIL, no development shall take place until a noise assessment and characterisation for the potential noise impact on the residential units, together with details of necessary mitigation measures have been submitted to and approved in writing by the local planning authority. The noise assessment shall be carried out in accordance with the requirements of BS4142:2014. The mitigation measures shall include details of acoustic ventilation and glazing required to protect the approved bedrooms, living rooms and balconies from noise and vibration in accordance with the requirements of BS8233:2014 and the strategy set out in the Environmental Noise Assessment by Idom Merebrook (reference ENA-19502-16-101 REV A, dated June 2017). The approved protection measures shall be completed in accordance with the approved details prior to the first occupation of the relevant residential unit and maintained thereafter.

      In order to provide an acceptable standard of residential accommodation in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

9)   Unless in accordance with details approved on 20.11.2018 under reference 18/02843/DETAIL, no impact piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface water infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority. No development shall take place other than in accordance with the approved details.

      The proposed works will be in close proximity to underground water utility infrastructure and piling has the potential to impact on local underground water utility infrastructure.

10) Unless in accordance with the details approved on 25.06.209 under reference 19/01279/DETAIL, no development shall be carried out on the land until a demolition and construction environmental management plan (CEMP) has been submitted to and approved in writing by the local planning authority and thereafter implemented and maintained throughout the construction period in accordance with the approved CEMP. The CEMP shall include:  a. Details of the proposed working hours b. Details of locations of vehicle parking for site operatives and visitors c. Details of an area for the storage of plant and materials d. A site waste management plan e. Details of means of suppressing dust during the construction process to include the regime for dust deposition measurement at the site boundaries; f. Details of the measures to mitigate the noise and vibration from construction g. Details of a surface water drainage scheme for the temporary drainage of the Site.

      In the interests of highways safety and the amenities of the surrounding area during the construction phase, in accordance with policies EN1 and T1 of the Sevenoaks Allocations and Development Management Plan.

11) Unless in accordance with the details approved on 07.01.2019 under reference 18/03484/DETAIL, no development shall be carried out on the land until a scheme to provide utilities connections to the dwellings hereby permitted to facilitate access to infrastructure that meets modern communication and technology needs, including broadband and where feasible Superfast Fibre Optic Broadband, high speed internet cabling and digital TV cabling shall be submitted to and approved in writing by the local planning authority. The agreed scheme shall be provided prior to first occupation of any of the residential units hereby approved.

      To secure the installation of infrastructure that meets modern communication and technology needs and to avoid the need for retrofitting in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

12) Unless in accordance with the details approved 20.11.2018 under reference 18/02844/DETAIL, no development shall be carried out on the land until a scheme of measures to minimise the risk of crime according to the principles and physical security requirements of Crime Prevention through Environmental Design (CPTED) shall be submitted to and approved in writing by the local planning authority. The measures so approved shall be implemented prior to the first occupation of any of the residential units hereby approved and shall be retained thereafter.

      To ensure the creation of a safe and secure environment in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

13) Unless in accordance with the details approved under reference 18/03533/DETAIL and the treatment of the rear 3rd storey described in the Design and Access Statement Addendum dated May 2019, no development shall be carried out on the land until details, including samples as appropriate, of the materials to be used in the construction of the external surfaces of the building 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 a satisfactory appearance to the development and to comply with policy SP1 of the Core Strategy and policy EN1 of the Sevenoaks Allocations and Development Management Plan.

14) Unless in accordance with the details approved on 07.01.2019 under reference 18/03534/DETAIL, no development shall be carried out on the land until details of the green wall on the side elevation of the hereby approved building has been submitted to and approved in writing by the local planning authority. The details shall include: method of installation, management and maintenance. The green wall shall be installed prior to the first occupation of the building and thereafter maintained and managed in accordance with the approved details. Any part of the green wall which is removed, die, becomes 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.

      To enhance the visual appearance and green infrastructure of the area as supported by policies EN1 and GI1 of the Sevenoaks Allocation and Development Management Plan.

15) Unless in accordance with details approved on 07.01.2019 under reference 18/03536/DETAIL, no development shall be carried out on the land until full details of appropriate measures to enhance the biodiversity and nature conservation value of the site have been submitted to and approved in writing by the local planning authority. No development shall take place other than in accordance with the approved details prior to the first occupation of the development.

      In order to enhance the biodiversity value of the site in accordance with policy SP11 of the Core Strategy and policies EN1 and GI1 of the Sevenoaks Allocation and Development Management Plan.

16) The car parking spaces and turning areas as shown on the hereby approved plan PL.01/A shall be provided prior to first occupation of the building and kept available for such use at all times. No development shall be carried out on that area of land or to preclude vehicular access thereto. The car parking spaces shall be for the use of occupiers and visitors to the building only and shall not be reserved for specific individuals, companies or organisations.

      To ensure the provision of adequate access and vehicle parking in accordance with policies EN1 and T2 of the Sevenoaks Allocation and Development Management Plan.

17) Unless in accordance with the details approved on 20.11.2018 under reference 18/02846/DETAIL, no development shall be carried out on the land until details for the installation of an electric vehicle charging point showing its proposed location, type and specification have been submitted to and approved in writing by the local planning authority. The electric vehicle charging infrastructure shall be installed in accordance with the details so approved prior to the first occupation of any of the residential units and shall be retained and maintained for use at all times.

      In order to mitigate and adapt to climate change in accordance with policies EN1 and T3 of the Sevenoaks Allocation and Development Management Plan.

18) Unless in accordance with the details approved on 20.11.2018 under reference 18/02847/DETAIL, no development shall be carried out on the land until full details of the secure cycle storage shown on the hereby approved drawing PL.01/A has been submitted to and approved in writing by the local planning authority. The cycle storage shall be provided in accordance with the details so approved prior to the first occupation of any part of the development.

      To promote and encourage sustainable modes of transport, in accordance with policy SP1 of the Core Strategy and the National Planning Policy Framework.

19) The refuse and recycling storage as shown on the hereby approved plan PL.01/A, shall be provided in accordance with the details so approved prior to the first occupation of any part of the development and retained as such thereafter.

      To ensure satisfactory provision of refuse and recycling facilities and to safeguard residential amenity in accordance with policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan.

20) The commercial units as shown on approved plan no. PL.01/A hereby approved shall be used as Class A1 retail use only and for no other use.

      In recognition of the location of the site within a protected retail frontage in the town centre and pursuant to policy L05 of the Sevenoaks Core Strategy and policy TLC2 of the Sevenoaks Allocation and Development Management Plan.

21) Prior to the first occupation of any of the hereby approved residential units a final Travel Plan shall be submitted to and approved in writing by the local planning authority. The Travel Plan shall include the appointment of a Travel Plan co-ordinator, targets for non-car modes of travel and details of the arrangements for promotion of the Travel Plan. The Travel Plan shall be implemented in accordance with the details so approved and monitored at yearly intervals and the results, including an annual report, together with any amendments to the Travel Plan, shall be submitted to the local planning authority.

      To promote and encourage sustainable modes of transport, in accordance with policy SP1 of the Core Strategy and the National Planning Policy Framework.

22) The flat roofs hereby approved to the rear of the building (as demonstrated on drawing PL.04/D and PL.05/A and not annotated for use as a balcony or terrace) shall be accessed only for maintenance purposes.

      To protect the privacy of the neighbouring buildings and to comply with policy EN2 of the Sevenoaks Allocation and Management Plan.

23) Notwithstanding the approved drawings, prior to the installation of any solar panels to the roof of the building, details of their design and appearance, including their projection from the roof, shall be submitted to and approved in writing by the local planning authority. The solar panels shall be installed only in accordance with the approved details.

      To ensure the development preserves the character and appearance of the area and to comply with policy EN1 of the Sevenoaks Allocation and Development Management Plan.

      Informatives

1)   Kent County Council recommends that all developers work with a telecommunication partner or subcontractor in the early stages of planning for any new development to make sure that gigabit capable fibre to the premise Broadband connections. Access to gigabit broadband is an essential utility for all new homes and businesses and given the same importance as water or power in any development design. Please liaise with a telecom provider to decide the appropriate solution for this development and the viability of the nearest gigabit connection. We understand that major telecommunication providers are now offering fibre to the premise broadband connections free of charge to the developer. For advice on how to proceed with providing broadband access please contact broadband@kent.gov.uk.

2)   New build developments or converted properties may require street naming and property numbering.  You are advised, prior to commencement, to contact the Council's Street Naming and Numbering team on 01732 227328 or visit www.sevenoaks.gov.uk for further details.

3)   The proposed development has been assessed and it is the Council's view that the CIL is payable.  Full details will be set out in the CIL Liability Notice which will be issued with this decision or as soon as possible after the decision.