Agenda item

21/00694/FUL - The Elms Nursery, Bough Beech Road, Four Elms KENT TN8 6ND

Creation of additional external seating area and associated footpath with hard standing base. Increase of operating business hours to Monday - Saturday 09:00 to 22:00, Sundays 10:00 to 17:00.

Minutes:

The proposal sought for the creation of additional external seating area and associated footpath with hard standing base. Increase of operating business hours to Monday to Saturday 09:00 to 22:00, Sundays 10:00 to 17:00. The application was referred to Development Control Committee by Councillor Dickins due to the potential noise impacts, specifically related to the opening hours which could result in an increase in the disturbance, to a level which would see the proposal fail to comply with policy EN7 of the Sevenoaks District Council Allocation and Development Management Plan.

 

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

 

The Committee was addressed by the following speakers:

 

Against the Application:

Simon Jones

For the Application:

Colin Graves

Parish Representative:

Nick Roberts

Local Members:

Councillor Dickins

Members asked questions of clarification from the speakers and officer. Members were advised that there were currently no operating hours specified on the existing planning permissions. 

 

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

 

Members discussed the application, and whether the conditions could be amended to be more specific in the location.

 

The Chairman moved from the Chair an amendment to his motion to amend condition 8 to read as, the Café as identified on plan 05 Rev 0 and 02 and the gym as shown to the north east of the site to the rear of the equestrian store shall only operate during the hours of Monday – Saturday 09:00 to 22:00 and Sundays 10:00 to 17:00; to amend condition 6 as set out in the late observation sheet and for an informative to be added to as to ensure that any additional planting would include a good mix of native species.

 

The motion was put to the vote and it was agreed.

 

Debate continued on the substantive motion.

 

The substantive 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: 05 Rev 0, 02.

 

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

3)     The materials to be used in the construction of the development shall be those indicated on the approved plan 02.

 

To ensure that the appearance of the development enhances the character and appearance of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

4)     No external lighting shall be installed on the lower seating area (extended hard standing as identified on approved plan 02) without the prior written consent of the local planning authority.

 

To ensure the character and tranquillity of the local area in accord with policy EN6 of the Sevenoaks District Council Allocation and Development Management Plan.

5)     The hereby approved lower seating area (extended hard standing as identified on approved plan 02) shall be used solely as an ancillary function of the cafe as identified on plan 02 and for no other purposes.

 

To ensure the character and tranquillity of the local area in accord with policy EN7 of the Sevenoaks District Council Allocation and Development Management Plan.

 6)  Within 3 months of the date of this decision, details of additional landscaping of the area to the west of the lower seating area as identified on plan 02, shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented and maintained as such 6 months after the date of this decision.

To ensure the character of the area in accord with policy EN1 of the Sevenoaks District Council Allocation and Development Management Plan.

 7)  Vehicular access to the gym and cafe shall occur only within the bounds of the red line plan 05 rev 0.

In the interest of highway safety

 8)  The Cafe as identified on plan 05 Rev 0 and 02 and the gym as shown to the north east of the site to the rear of the equestrian store shall only operate during the hours of Monday – Saturday 09:00 to 22:00 and Sundays 10:00 to 17:00

In the interest of neighbouring amenity in accord with policy EN7 of the Sevenoaks District Council Allocation and Development Management Plan.

 9)  No sound-amplifying equipment, loudspeakers or public address system shall be installed or operated outside of the premises at any time.

In the interest of neighbouring amenity in accord with policy EN7 of the Sevenoaks District Council Allocation and Development Management Plan.

Informative

The proposed additional landscaping shall be comprised of a good mix of native species planting.

 

 

Chairman's Announcement

 

The Chairman on behalf of the Committee, thanked Vanessa Etheridge Democratic Services (Team Leader) for all her service over the years and wished her luck in her new job. Members showed their appreciation.

 

 

 

 

Supporting documents:

 

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