Demolition of existing buildings and re-development to provide 104 no. apartments (use class 3) and 931 sq m of retail/commercial uses (use class e) across 3 blocks of 4-6 storeys with undercroft car parking, servicing, access and associated highway works, landscaping and boundary treatments.

The proposal sought planning permission for the demolition of existing buildings and re-development to provide 104 no. apartments (use class 3) and 931 sq m of retail/commercial uses (use class e) across 3 blocks of 4-6 storeys with undercroft car parking, servicing, access and associated highway works, landscaping and boundary treatments.  The application had been referred to Development Control Committee by the Chief Planning & Regulatory Services Officer due to the applications significance.

Members’ attention was brought to the main agenda papers and late observation sheet which amended Recommendation A and recommended an additional informative.  In addition, the Case Officer also recommended a further amendment to Recommendation A to include the requirement of an archaeological watching brief condition (Condition 26).

The Committee was addressed by the following speakers:

Against the Application:   John Stambollouin

For the Application:         Paul Brailsford

Parish Representative:     Town Cllr Bonin

Local Member:                 Cllr Fleming

Members asked questions of clarification from the speakers and officers.  Questions centred around electrical charging points, daylight/sunlight assessment in relation to the differing ground levels, parking, cladding and why there was no wheelchair accessibility in Block C where no affordable units were being offered.  It was noted that: the daylight/sunlight assessment surpassed targets , and the small amount that did not meet the criteria failed by a small margin with an overall compliance rate of 79%; accessibility would be covered by the Equality Act 2010 and Building Regulations; and fire safety and cladding would also fall to Building Control.  With regards to the design of the building and its impact and suitability within a market town, Members heard from the Design Officer and Design & Conservation Officer.

It was moved by the Chairman and duly seconded that the recommendations within the report as amended by the late observations and the inclusion of an archaeological watching brief condition with details to be submitted, be agreed.

Members discussed the application.  Members considered that the provision of electric vehicle charging points should be greater and have the infrastructure for future additional charging points rather than a future of retrofits.  It was moved by Councillor Barnett and duly seconded that Condition 13 be amended to reflect the need for in excess of 17 electric vehicle charging points and the infrastructure for further charging points.

The amendment was put to the vote and was carried.

Members continued in debate on the substantive motion.

It was moved by Councillor Perry Cole and duly seconded, that a percentage of the 15 affordable units should be built to M4(3), Access to and Use of Buildings Approved Document M , Building Regulations 2010.

Officers clarified the position with regards to the Building Regulations and the Equality Act 2010 provisions.  It was also noted that the wording within M 4(3) was not within the Council’s own policies, and even the merging Local Plan only requested 5%.  Appropriate protection would be covered by Building Regulations and enforced by Building Control, and floor plans for Block C indicated sufficient space for wheelchairs to manoeuvre.

The amendment was put to the vote and was lost.

After further debate the substantive motion was put to the vote and it was

          Resolved: That if the requirements of recommendation A below are not met, resolution B be followed 

A)     planning permission be granted subject to the following conditions and informatives below, to include completing a Section 106 agreement within 4 months of the date of the resolution of this Committee for: affordable housing, public art, car club and Travel Plan;

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)     Within six months of works commencing, details of how the development will enhance biodiversity will be submitted to, and approved in writing by, the local planning authority. The details will include native species planting within the soft landscaping proposals. The approved details will be implemented prior to first occupation of the development hereby approved and thereafter retained.

To ensure ecological net gains on site in accord with policy SP11 of the Sevenoaks District Council Core Strategy and paragraph 175 of the National Planning Policy Framework (2019).

3)     No development shall be carried out on the land until full details of 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), and-a programme of implementation. The approved details shall be implemented prior to first occupation of the development hereby approved. 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.

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

4)     No development (except for demolition) shall commence in any phase 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 be based upon the principles contained within the Sustainable Drainage Strategy report by Elliot Wood (06/11/2020). The submission will also 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.

5)     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.

6)     The retail/commercial units 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 first use of the retail/commercial element 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.

7)     The proposed three units located at ground floor of block A adjacent to the High Street shall only be used for Class E(a) of the Town and Country Planning (Use Classes) Order 1987 (as amended) for retail purposes only, unless otherwise agreed in writing by the local planning authority, and for no other purpose.

In the interests of the vitality of the High Street in accord with policy TLC1 of the Sevenoaks District Council Allocation and Development Management Plan.

8)     No pilling shall take place until a Piling Method Statement (detailing the depth and type of piling to be undertaken and methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.

To ensure the development does not significantly impact the local underground sewerage utility infrastructure.

9)     Prior to reaching finished slab level of retail units hereby permitted, details of the fascia signage and any external finish panelling to the ground floor north and west facing elevations shall be submitted to and approved in writing by the local planning authority. The details shall include elevation plans at a scale of no less than 1:50. The proposed development shall be carried out in accordance with the approved details. The shop front shall be installed prior to the occupation of the residential units in block A.

To ensure the proposal conserves the character of the Conservation Area in accord with policy EN4 of the Sevenoaks District Council Allocation and Development Management Plan.

10)  Prior to the commencement of the development hereby permitted details of all the proposed hard landscaping across the development including the proposed service yard shall be submitted to and approved in writing by the local planning authority. The proposed details shall include an alternative surface for the proposed service yard. The development shall be carried out in accord with the approved details.

To ensure that the proposed development is in keeping with the character of the area, conserve the Conservation Area in accord with policy EN1 and EN4 of the Sevenoaks District Council Allocation and Development Management Plan.

11)  Prior to the commencement of the development hereby approved including a demolition works a Construction Management Plan shall be submitted to and approved in writing by the local planning authority, the management plan shall include the following: (a) Routing of construction and delivery vehicles to / from site, (b) Parking and turning areas for construction and delivery vehicles and site personnel, (c) Timing of deliveries, (d) Provision of wheel washing facilities, (e) Temporary traffic management / signage, (f) Construction hours. The proposed development shall be carried out in accord with the approved management plan at all times.

In the interest of Highway Safety and neighbouring amenity in accord with policies EN2, EN7 and T1 of the Sevenoaks District Council Allocation and Development Management Plan.

12)  Prior to the first use or occupation of the development hereby permitted, a Parking Management Plan shall be submitted to and approved in writing by the local planning authority. The plan shall include details of: a) A one-way system, b) Signage, c) Space allocation, d) Any widening of proposed parking spaces. The development shall be carried out in accord with the approved details and they shall be implemented prior to bringing the development into first occupation.

In the interests of Highway Safety and in accord with policy T2 of the Sevenoaks District Council Allocation and Development Management Plan.

13)  Prior to first occupation of the development hereby approved a scheme to show the provision of electric vehicle charging points in excess of 17 charging units plus infrastructure for more, including the proposed location, type and specifications shall be submitted to and approved by the Local Planning Authority. The charging points shall all be provided to Mode 3 standard (providing up to 7kw) and SMART (enabling WiFi connection). The charging point shall be installed in accordance with the approved details prior to first occupation of the development.

In accord with policy T3 of the Sevenoaks District Council Allocation and Development Management Plan.

14)  Prior to first occupation of the development hereby approved, the cycle storage provision as shown on the approved plans for both private and public shall be provided and retained as such thereafter.

In accord with policy T2 of the Sevenoaks District Council Allocation and Development Management Plan.

15)  Prior to first use of the commercial units hereby approved, the proposed opening hours and delivery hours of each unit shall be submitted to and approved in writing by the local planning authority. The proposed units shall operate in accordance with the approved details.

In the interest of neighbouring amenity in accord with policy EN2 of the Sevenoaks District Council Allocation and Development Management Plan.

16)  The proposed windows to the third floor, south side facing elevation on block A for the eastern most room (bedroom) shall be obscure glazed up to 1.7m from finished floor level and fixed shut at all times.

To ensure privacy in accord with policy EN2 of the Sevenoaks District Council Allocation and Development Management Plan.

17)  No development shall take place until details of the implementation and phasing for the development have been submitted to and approved in writing by the local planning authority. The approved scheme shall be phased as agreed in writing by the local planning authority.

To ensure the visual amenity of the area is maintained, in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan and the NPPF.

18)  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order (England) 2015, no development shall be carried out within Class A of Part 2 Schedule 2 of that Order (or any Order revoking and re-enacting that Order) (enclosures) other than that approved by virtue of the proposed development.

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

19)  No development shall commence until details of a site investigation strategy based on the relevant information discovered by the desk study by GEA. The strategy shall be approved by the Local Planning Authority prior to investigations commencing on site.

a)       The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology.

b)       A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the Local Planning Authority. The Local Planning Authority shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters.

c)       Approved remediation works shall be carried out in full on site under a quality assured scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority.

d)      Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the Local Planning Authority. The closure report shall include details of the remediation works conducted and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

To ensure safe amenity of the site in accord with policy EN2 of the Sevenoaks District Council Allocation and Development Management Plan.

20)  Prior to reaching slab level on the development hereby permitted a detail public realm strategy shall be submitted to and approved in writing by the local planning authority. The details shall include: a) Details of all street furniture - lighting, bins, benches, seating, plinth, bollards,  b) A detailed site plan at a scale of no less than 1:200 with the siting of all public realm elements, c) Proposed internal lighting for the tunnelled access to the service yard as indicated on plan 9678-L-01 Rev C, d) Details of access arrangements to southern access from the High Street to Suffolk Way through the proposed service yard, e) Details of all enclosure details to the southern corner for the entrance to the bus stop. The proposed development shall be carried out in accord with the approved details and implemented prior to first occupation of the development hereby approved.

In accord with policy EN1 of the Sevenoaks District Council Allocation and Development Management Plan.

21)  Prior to the occupation of the development hereby approved a long term public realm and landscape management of site shall be submitted to and approved in writing by the Local Planning Authority and maintained as such thereafter.

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

22)  No development shall take place until a scheme for ventilation and protecting the proposed dwelling(s) from noise from traffic on the adjacent road(s) has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details before any permitted dwelling is occupied unless an alternative period is first agreed in writing by the local planning authority.

To ensure the occupiers of the development are not unduly affected by noise disturbance in accordance with Policy EN2 of the Sevenoaks Allocations and Development Management Plan.

23)  Prior to first occupation of the development hereby approved details of all proposed privacy screens, including an additional privacy screen to the fifth floor balcony to the rear of block B (at its corner join) shall be submitted to and approved in writing by the local planning authority. The approved privacy screens shall be installed prior to first occupation of the development hereby approved.

To ensure sufficient privacy in accord policy EN2 of the Sevenoaks District Council Allocation and Development Management Plan.

24)  The development hereby permitted shall be carried out in accordance with the following approved plans and details: 9678-L-04 Rev B, 9678-L-03 Rev B, svok DLA ZZ XX DR A 275, svok, DLA ZZ XX DR A 274, svok DLA ZZ XX DR A 273, svok DLA ZZ XX DR A 272, svok DLA ZZ XX DR A 271, svok DLA ZZ XX DR A 270, svok DLA ZZ XX DR A 262, svok DLA ZZ XX DR A 261, svok DLA ZZ XX DR A 260, svok DLA XX XX DR A 250,  svok DLA XX XX DR A 243, svok DLA XX XX DR A 242, svok DLA XX XX DR A 241, svok DLA XX XX DR A 240, svok DLA XX XX DR A 238, svok DLA XX UG DR A 237, svok DLA XX 05 DR A 235B, svok DLA XX 04 DR A 234C, svok DLA XX 04 DR A 234B, svok DLA XX 05 DR A 234A, svok DLA XX 03 DR A 233C, svok DLA XX 03 DR A 233B, svok DLA XX 04 DR A 233A, svok DLA XX 02 DR A 232C, svok DLA XX 02 DR A 232B, svok DLA XX 03 DR A 232A, svok DLA XX 01 DR A 231B, svok DLA XX UG DR A 230C, svok DLA XX UG DR A 230B, svok DLA XX UG DR A 230A, svok DLA XX XX DR A 220, svok DLA XX XX DR A 212, svok DLA XX XX DR A 211, svok DLA XX XX DR A 210, svok DLA XX XX DR A 208, svok DLA XX UG DR A 207, svok DLA XX RF DR A 206, svok DLA XX 04 DR A 204, svok DLA xx 01 DR A 201, svok DLA A 200, svok DLA XX XX DR A 244, svok DLA XX 02 DR A 231A, svok DLA XX XX DR A 221, svok DLA XX 05 DR A 205, svok DLA XX 03 DR A 203, svok DLA XX 02 DR A 202, 2200360-EWP-ZZ-00-DR-C-1000, svok DLA XX 01 DR A 231C, 9678-L-01 Rev C, 9678-L-02 Rev C.

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

25)  The development hereby approved shall obtain a Secured by Design accreditation for the development hereby permitted, a copy of which must be submitted to, and approved in writing by the Local Planning Authority unless otherwise agreed within 3 months of the completion of the development hereby permitted.

In the interest of Security, Crime Prevention and Community Safety and in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

26)  No development shall be carried out on the land until the applicant, or their agents or successors in title, has secured the implementation of a "watching brief".  This shall be undertaken by an archaeologist approved in writing by the local planning authority so that the excavation is observed and items of interest and finds are recorded.  The watching brief shall be in accordance with a written specification and timetable which has been submitted to and approved in writing by the local planning authority.  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.

      Reason: To investigate and record archaeological features as supported by Policy EN4 of the Sevenoaks Allocations and Development Management Plan.

Informatives

1)     The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this Act. Breeding bird habitat is present on the application site and assumed to contain nesting birds between 1st March and 31st August, unless a recent survey has been undertaken by a competent ecologist and has shown that nesting birds are not present.

2)     A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 0203577 9483 or by emailing trade.effluent@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk. Please refer to the Wholesale; Business customers; Groundwater discharges section.

As required by Building regulations part H paragraph 2.36, Thames Water request that the Applicant should incorporate within their proposal, protection to the property to prevent sewage flooding, by installing a positive pumped device (or equivalent reflecting technological advances), on the assumption that the sewage network may surcharge to ground level during storm conditions. If as part of the basement development there is a proposal to discharge ground water to the public network, this would require Groundwater Risk Management Permit from Thames Water. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures will be undertaken to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing trade.effluent@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk.

Please refer to the Wholesale; Business customers; Groundwater discharge section.

Thames Water would recommend that petrol/ oil interceptors be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of petrol/oil interceptors could result in oil-polluted discharges entering local watercourse.

The applicant is advised that their development boundary falls within a Source Protection Zone for groundwater abstraction. These zones may be at particular risk from polluting activities on or below the land surface. To prevent pollution, the Environment Agency's approach to groundwater protection (available at: https://www.gov.uk/government/publications/groundwater-protection-position-statements) and may wish to discuss the implication for their development with a suitably qualified environmental consultant.

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.

4)     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.

5)     Please be aware that this development is also the subject of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990.

6)     The applicant is advised to contact the Council’s Economic Development team to discuss how the public realm areas can assist in the town’s cultural events.

OR

B)  in the event that, using all reasonable endeavours, the legal agreement referred to in A) is not completed within 4 months of the date of the resolution of this Committee that the application be refused for failure to provide an appropriate level of affordable housing.