A full planning application for a health and wellbeing centre on land to the south of Four Elms Road, Edenbridge, with appropriate car parking and landscaping.

The proposal sought planning permission for a health and wellbeing centre on land to the south of Four Elms Road, Edenbridge, with appropriate car parking and landscaping.  The application had been referred to Development Control Committee by the Chief Planning & Regulatory Services Officer due to the significance of the proposal as major development within the Green Belt.

 

Members’ attention was brought to the main agenda papers and late observation sheet which amended the recommendations and condition 23 as set out in the main agenda papers.

 

The Committee was addressed by the following speakers:

 

Against the Application:   -
For the Application:         Sarah Grady
Parish Representative:      Town Cllr Margot McArthur
Local Member:                 -

Members asked questions of clarification from the speakers.

 

It was moved by the Chairman and duly seconded that the recommendations within the report as amended by the late observations,be agreed.

 

Resolved: That

 

A)   provided the application was not recovered by the Secretary of State, that planning permission be granted subject to the completion of an acceptable legal agreement securing a financial contribution to monitor the travel plan 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)     Prior to above ground works of the main medical building hereby permitted commences further details of the external materials/surfaces to be used in its construction 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.

3)     Prior to the first occupation of the development hereby permitted, further details that shall include the use of external finishes and scaled 1:100 elevations of the storage buildings/enclosures shall have been submitted to and approved by the local planning authority.  The development shall accord with the approved details and maintained thereafter.

      To maintain the integrity and character of the development as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

4)     The development hereby approved shall achieve a BREEAM minimum rating of 'Very Good' or alternative as agreed in writing by the local planning authority. Evidence shall be provided to the Local Authority in the following format and at the following times:

i)    Prior to the above ground works of the main medical building hereby permitted, a pre-assessment report (or design stage certificate with interim rating if available) indicating that the development will achieve a BREEAM minimum rating of 'Very Good' or alternative as agreed, shall be submitted to and agreed in writing by the Local Planning Authority; and

ii)   Prior to first use of the development, a final post-construction certificate certifying that the development has achieved a BREEAM minimum rating of 'Very Good' or alternative as agreed, shall be submitted to and approved in writing by the Local Planning Authority.

      Achievement of BREEAM 'Very Good' or alternative as agreed, must include at least a 10% reduction in the total carbon emissions through the on-site installation and implementation of decentralised, renewable or low-carbon energy sources.

      In the interests of environmental sustainability and reducing the risk of climate change as supported in Policy SP2 of the Sevenoaks Core Strategy.

5)     All hard and soft landscaping and boundary treatments shall be in accordance with the approved scheme as shown on approved plan nos.D7291.01.003D and D7291.01.004C shall be completed / planted during the first planting season following practical completion of the development hereby approved or in accordance with a programme agreed with the Local Planning Authority. 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 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 development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

      Pursuant to Section 197 of the Town and Country Planning Act 1990 and to preserve the appearance and character of the site and locality in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

6)     Notwithstanding the submitted lighting details as submitted, a revised details of external lighting plan showing details of the position, height, design, measures to control light spillage and intensity of illumination shall be submitted to and approved in writing by the local planning authority. Only the approved details shall be installed and maintained thereafter.

      In order to safeguard the visual amenity in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan

7)     The Travel Plan submitted with the application shall be implemented on occupation of the development hereby approved and monitored in accordance with the said details.

      To promote and encourage sustainable modes of transport, in accordance with policy SP2 of the Core Strategy and the National Planning Policy Framework.

8)     Before the use or occupation of the development hereby permitted, the car and lorry parking and turning areas and servicing areas shown on the approved plan no. 18209-LSI-AA-XX-A-1180 Rev. P06 shall be provided and shall be kept available for the parking of cars and lorries and for servicing at all times.

      In the interest of highway safety as supported by Policies EN1, T1, T2 of the Sevenoaks Allocations and Development Management Plan.

9)     Prior to the first use of the building hereby permitted the provision of an electric vehicle charging point(s), as shown on approved plan no. 18209-LSI-AA-XX-A-1180 Rev. P06 shall be installed in accordance with the approved details and shall remain in use at all times.

      To promote and encourage sustainable modes of transport and reducing carbon emissions, in accordance with policy SP2 of the Core Strategy and the National Planning Policy Framework.

10)  The use hereby permitted shall not operate other than between the hours of 08:00 to 20:00 every day.

      To safeguard the residential amenity of neighbouring occupiers in accordance with Policies EN1, EN2 of the Sevenoaks Allocations and Development Management Plan.

11)  Notwithstanding any details hereby approved, prior to commencement of development details of off-site highway works to include details of the relocated bus stop, provision of a 2 metre footway along the frontage of the site, uncontrolled dropped kerb pedestrian crossings at Four Elms Road and Fircroft Way and relocation of a drainage gully as shown on plan. P18099-001D shall be submitted to and approved in writing by the local planning authority.  The approved works shall be completed in accordance with the approved details prior to first use of the development hereby permitted and shall be in accordance with the approved details.

      In the interest of highway safety.

12)  The vehicular visibility splays as shown on plan no P18099-001D shall be provided before the development is first used or occupied and thereafter shall be maintained free from obstruction at all times at a height not exceeding 0.9m above the level of the adjacent carriageway.

      In the interest of highway safety as supported by Policies EN1, T1 of the Sevenoaks Allocations and Development Management Plan.

13)  No development shall take place until a detailed sustainable surface water drainage scheme for the site has been 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. The drainage scheme shall also demonstrate (with reference to published guidance): - that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to receiving waters; - appropriate operational, maintenance and access requirements for each drainage feature or SuDS component are adequately considered, including any proposed arrangements for future adoption by any public body or statutory undertaker. The drainage scheme shall be implemented 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. These details and accompanying calculations are required prior to the commencement of the development as they form an intrinsic part of the proposal, the approval of which cannot be disaggregated from the carrying out of the rest of the development.

14)  No building on any phase (or within an agreed implementation schedule) of the development hereby permitted shall be occupied until a Verification Report, pertaining to the surface water drainage system and prepared by a suitably competent person, has been submitted to and approved by the Local Planning Authority. The Report shall demonstrate the suitable modelled operation of the drainage system where the system constructed is different to that approved. The Report shall contain information and evidence (including photographs) of details and locations of inlets, outlets and control structures; landscape plans; full as built drawings; information pertinent to the installation of those items identified on the critical drainage assets drawing; and, the submission of an operation and maintenance manual for the sustainable drainage scheme as constructed.

      To ensure that flood risks from development to the future users of the land and neighbouring land are minimised, together with those risks to controlled waters, property and ecological systems, and to ensure that the development as constructed is compliant with and subsequently maintained pursuant to the requirements of paragraph 165 of the National Planning Policy Framework.

15)  From the start of commencement of development works (including site clearance) of the development hereby permitted, precautionary mitigation measures for reptiles will be carried out in accordance with the details within section 3 of the 'Amphibian and Reptile Reasonable Avoidance Measures Method Statement' (The Environment Partnership August 2019) and remain throughout construction works until the development hereby permitted is completed in full.

      To mitigate the impact arising from development upon existing habitats of protected species on or surrounding the site, in accordance with Policy SP11 of the Sevenoaks District Core Strategy, Policy GI1 of the Sevenoaks Allocations and Development Management Plan and guidance in National Planning Policy Framework 2019.

16)  All ecological enhancement measures and/or works will be carried out in accordance with the details contained in the Landscape Masterplan including Hard Landscape Proposals- plan no. D7291.01.003D.

      To provide opportunities to conserve and enhance biodiversity on the site, in accordance with Policy SP11 of the Sevenoaks District Core Strategy, Policy GI1 of the Sevenoaks Allocations and Development Management Plan and guidance in National Planning Policy Framework 2019

17)  No development shall be carried out above damp proof course level of the development hereby approved until further details of the proposed photovoltaic panels to include scaled 1:100 cross-sectional details of the building dwelling hereby approved shall submitted to and approved by the local planning authority.  The approved scheme shall be implemented in full and maintained in accordance with the approved details.  Once the photovoltaic panels and associated external equipment are no longer required, they shall be removed from the development as soon as reasonably possible.

      To maintain the integrity and character of the building hereby permitted as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

18)  Prior to the commencement of the development hereby permitted, a Construction Environmental Management Plan (CEMP) shall be submitted for the written approval of the local planning authority.  The CEMP shall include, though not necessarily be limited to the following details: a) A Construction Traffic Management Plan incorporating details of heavy vehicles movement patterns, including earliest and latest arrival and departure times, routes to be used to and from the site and signs, and information to instruct drivers;  b) The parking arrangements for vehicles of site operatives and visitors; c) The loading and unloading arrangements for heavy plant and materials; d) Processes of controlling/supressing dust emanating from the site; e) The location and type of temporary fencing/hoarding; f) The details of wheel cleaning facilities within the site to prevent mud being deposited on the public highway; g) The tool-box talk for the site operatives regarding protected species and awareness of Reasonable Avoidance Method Statement; and, h) The programme of implementation for the site preparation, clearance and infilling operations (a) - (i) above. The site preparation, clearance and other operations shall be carried out in accordance with the approved CEMP. 

      To mitigate the impact arising from development upon existing habitats of protected species on or surrounding the site and safeguard the amenities of adjacent neighbouring properties, in accordance with Policies SP2, SP11 of the Sevenoaks District Core Strategy, Policies, EN1, EN2, GI1 of the Sevenoaks Allocations and Development Management Plan and guidance in National Planning Policy Framework 2019.

19)  Before any equipment, machinery or materials are brought on to the land for the purposes of the development, the approved development shall be carried out in such a manner as to avoid damage to the existing trees, including their root systems, and other planting to be retained by observing the following:(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 roots over 50mm diameter shall be cut, and 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) Ground levels within the spread of the branches of the trees and other vegetation shall not be raised or lowered in relation to the existing ground level, except as may be otherwise agreed in writing by the Local Planning Authority.

      Pursuant to Section 197 of the Town and Country Planning Act 1990 and to preserve the appearance and character of the site and locality in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

20)  The Rating Level (determined as defined in BS 4142:2014 Methods for rating and assessing industrial and commercial sound, at the nearest residential receptor) of noise from all external plant and machinery to be used in connection with the use of the building hereby permitted, operating at its maximum design duly shall not exceed the 38dB Sound Level at any time.  If 38dB sound level is exceeded, then a scheme of acoustic mitigation shall be submitted to and approved in writing by the local planning authority.  Unless otherwise agreed in writing, the approved details shall be implemented prior to the first use of the building hereby permitted.  The development shall be completed in accordance with the approved details and maintained thereafter.

      To prevent disturbance to nearby residential properties in accordance with Policy EN2 of the Sevenoaks Allocations and Development Management Plan.

21)  Demolition or construction works shall not take place outside 0800 hours to 1800 hours Mondays to Fridays and 0800 hours to 1300 hours on Saturdays nor at any time on Sundays or Bank Holidays.

      To prevent disturbance to nearby residential properties in accordance with Policy EN2 of the Sevenoaks Allocations and Development Management Plan.

22)  Prior to the first occupation of the new building hereby permitted a security needs assessment shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

      In order to design out crime within the development and the surrounding area as supported by the National Planning Policy Framework

23)  Prior to the first use of the building hereby permitted the cycle and bin store as shown on approved plan no.18209-LSI-AA-XX-DR-A-1180 Rev.P06 shall be completed in full and shall be permanently maintained and kept available for that purpose.  In event of the opening of the eastern boundary to provide through road traffic from future development of adjacent land to the east, prior to this event, further details of the permanent closure of the existing northern turning head and alternative provision and timing of a new turning head, cycle storage and bin store and linking of pedestrian footways, the extension of the proposed through road to the eastern boundary of the site as shown on approved plan no. 18209-LSI-AA-XX-DR-A-1180, together with a scheme of restoration for the land shall be submitted to and approved by in writing by the local planning authority.  The development shall accord with the approved details and maintained thereafter.

      Reason: To ensure adequate facilities are provided on-site and to allow future expansion of the site is so required, in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

24)  The development hereby permitted shall be carried out in accordance with the following approved plans and details:18209-LSI-AA-XX-DR-A-1170 Rev.P01, 8209-LSI-AA-GF-DR-A-1300 Rev.P03, 18209-LSI-AA-01-DR-A-1301 Rev.P04,18209-LSI-AA-02-DR-A-1302 Rev.P04,18209-LSI-AA-01-DR-A-1303 Rev.P04, 18209-LSI-AA-ZZ-DR-A-1180 Rev.P06, 18209-LSI-XX-DR-A-1501 Rev.P01, 18209-LSI-AA-ZZ-DR-A-1350 Rev.P06, 18209-LSI-AA-ZZ-DR-A-1351 Rev.P06, 18209-LSI-AA-DR-A-1352 Rev.P03, 18209-LSI-AA-ZZ-DR-A-1175 Rev.P06, 18209-LSI-AA-ZZ-DR-A-1352 Rev.P03, 18209-LSI-AA-ZZ-DR-A-1371 Rev.P03, 18209-LSI-AA-XX-DR-A-1551 Rev.P01, D7291.01.003D, D7291.01.004C, P18099-001D, 2068ESK01, TEP Planning Statement, TEP Design and Access Statement (IN7921.01.001), Bureau Veritas Air Quality Assessment May 2019, Bureau Veritas Environmental Noise Assessment ref: UK.6486169 May 2019, Genever and Partners Ltd Drainage Strategy ref: G/5019/Reports/AB, Genever and Partners Ltd Flood Risk Assessment ref: H/5019/Reports/AB, TEP Ecological Assessment,  GREAT CRESTED NEWT DISTRICT LEVEL LICENSING IMPACT ASSESSMENT & CONSERVATION PAYMENT CERTIFICATE, TEP Historic Environment Desk-Based Assessment, TEP Landscape and Visual Appraisal, Prime Transport Planning Transport Assessment May 2019, Prime Transport Planning Travel Plan May 2019, TEP Aboricultural Impact Assessment.

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

Informatives

1)     The applicant should note that under the terms of The Conservation of Habitats and Species Regulations 2010, Wildlife and Countryside Act 1981 and Countryside and Rights of Way Act 2000, it is an offence to disturb nesting birds or roosting bats which are also European Protected Species.

      You should note that the work hereby granted consent does not override the statutory protection afforded to these and other protected species and you are advised to seek expert advice if you suspect that the demolition would disturb any protected species. Please note that a European Protected Species Licence will be required to allow the proposed development to proceed lawfully. Further details can be found at:  https://www.gov.uk/environmental-management/wildlife-habitat-conservation

2)     It is the responsibility of the applicant to ensure, before the development hereby approved is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority.

      Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called 'highway land'. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have 'highway rights' over the topsoil. Information about how to clarify the highway boundary can be found at https://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land/highway-boundary-enquiries

      The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.

3)     No burning of materials obtained by site clearance shall be carried out on the application site.

4)     The developer is reminded that it is an offence to allow materials to be carried from the site and deposited on or damage the highway from uncleaned wheels or badly loaded vehicles.  The Highway Authority will seek, wherever possible, to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and prosecutes persistent offenders.  (Highways Act 1980 Sections 131, 148, 149).

 

OR

 

B)   provided the application was not recovered by the Secretary of State and an acceptable legal agreement securing a financial contribution to monitor the travel plan has not been completed within four months, that planning permission be granted subject to the above conditions and the inclusion of the following additional condition -

 

25)  The Travel Plan submitted with the application shall be implemented on occupation of the development hereby approved and monitored in accordance with the said details.

 

      Reason:  To encourage travel by means other than private motor vehicles in accordance with Policy T1 of the Sevenoaks Allocations and Development Management Plan.