Erection of 2 No. new dwellings with allocated parking in the rear premises of Bower House with demolition of the existing garage and shed.

The proposal sought planning permission for the erection of 2 No. new dwellings with allocated parking in the rear premises of Bower House with demolition of the existing garage and shed. The application had been referred to the Committee by Councillor Cheeseman on the grounds that the scale and height of the development may have a significant, detrimental impact on neighbouring properties and the views from the historic Eynsford High Street.

Members’ attention was brought to the main agenda papers and late observation sheet.

The Committee was addressed by the following speakers:

Members asked questions of clarification for the officer. It was clarified that Bower House was 7.2 metres to ridge was 7.8 metres.

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

Members discussed the application.

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)    No development shall be carried out on the land until details of the materials to be used in the construction of the external surfaces of the new dwellings 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.

3)    The development hereby permitted shall be carried out in accordance with the following approved plans and details: The location plan, 1 of 1, 19-26-21B, 19-26-22B, 19-26-23A, 19-26-24A, 19-26-25A, 19-26-26A.

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

4)    No development shall take place until an archaeological field evaluation works in accordance with a specification and written timetable has been submitted and approved in writing by the local planning authority and further archaeological investigation recording and reporting determined by the results of the evaluation in accordance with a specification and timetable has to be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

To ensure the features of archaeological interest are properly examined and recorded as supported by Policy EN4 of the Sevenoaks Allocations and Development Management Plan.

5)    Prior to first occupation of the dwellings, a lighting design plan to protect the biodiversity of the site shall be submitted to and approved in writing by the local planning authority. The plan should include the location of external lighting, demonstrating that areas to be lit will not disturb bat activity. All external lighting will be installed in accordance with the specification and location set out in the plan and shall be maintained as approved thereafter. No further external lighting shall be installed on site other than in accordance with details which shall first have been submitted to the Local Planning Authority for approval in writing.

To protect the biodiversity on the application site as supported by Policy SP11 of the Sevenoaks Core Strategy.

6)    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. This will include details as recommended in section 4.4 of the Preliminary Ecological Appraisal (Corylus Ecology December 2019). The approved details will be implemented and thereafter retained.

To promote ecology on the application site as supported by Policy SP11 of the Sevenoaks Core Strategy.

7)    Not withstanding any indication on the approved plans to the contrary, the windows at first floor level on the north west elevation shall not be installed other than to be obscure glazed and fixed shut below 1.7 metres above the relevant internal floor level. The windows shall be retained as approved thereafter.

To protect the privacy of neighbouring properties as supported by Policy EN2 of the Sevenoaks Allocations and Development Management Plan.

8)    No equipment, machinery or materials shall be brought onto the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees as shown on the submitted plans, beyond the outer edge of the overhang of their branches in accordance with British Standard 5837:2012: Trees in Relation to Construction (or later revision), has been submitted to and approved in writing by the local planning authority, and the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the local planning authority.

To protect the trees on site which are to be retained in the interests of the visual amenities of the locality in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

9)    No development shall take place until full details, of both hard and soft landscape proposals, including a schedule of landscape maintenance for a minimum period of 5 years, have been submitted to and approved in writing by the local planning authority. The approved landscape scheme (with the exception of seeding and turfing) shall be implemented prior to the occupation of the development hereby approved and thereafter retained. Any trees which die or are damaged within a period of five years must be replaced.

To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

10)No development shall take place until details of all boundary treatment located along the north-west and south-east boundaries of the application site have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented prior to the first occupation of the development or phased as agreed in writing by the local planning authority. The approved scheme shall thereafter be retained.

To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan.

11)The proposed parking and vehicle charging points shown on plan number 19-26-21 B must be provided and retained on site at all times.

To ensure a sustainable form of development, as supported by Policies T2 and T3 of the Sevenoaks Allocations and Development Management Plan.

12)No development shall take place until details of existing and proposed finished site levels have been submitted to and approved in writing by the local planning authority. The development shall thereafter be constructed in accordance with the approved details.

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

13)Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking or re-enacting or amending those Orders with or without modification), planning permission shall be required in respect of development falling within Schedule 2, Part 1, Classes A, AA, B, C, D or E of that Order.

To ensure that development within the permitted Classes in question is not carried out in such a way as to prejudice the appearance of the proposed development or the amenities of future occupants of the development or the occupiers of adjoining property in accordance with Policy EN1 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 the 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)    Habitats are present on and around the site that provide opportunities for breeding birds. Any work to vegetation/structures that may provide suitable nesting habitats should be carried out outside of the bird breeding season (March to August) to avoid destroying or damaging bird nests in use or being built. If vegetation/structures need to be removed during the breeding season mitigation measures need to be implemented during construction. This includes examination by an experienced ecologist prior to starting work and if any nesting birds are found, development must cease until after the juveniles have fledged.

(Having spoke against the application as a registered speaker, Councillor Cheeseman left the room during consideration of this item and did not take part in debate or voting thereon).