Building operations relating to Lawful Development Certificate 20/02590/LDCPR, erection of fencing and entrance gates.

The proposal sought planning permission for the building operations relating to Lawful Development Certificate 20/02590/LDCPR, erection of fencing and entrance gates. The application had been originally referred to the Committee by Councillor Williamson so the implications on the openness of the Green Belt, impact on public right of way, highway conditions and viability could be discussed.

This item was originally presented to Committee on 9 September 2021. The Committee resolved to defer the item to allow the applicant to provide clarity on the details of the gates, the fences and the location of the hedging across the site.

Further details had been submitted by the applicant in this regard in the form of a Site Landscaping Plan, Site Access Plan and Field Access Plan. In summary, these plans indicated the planting of a new indigenous species hedgerow within the boundary of the site. To the outside of the hedge, separating the site from the field beyond, it was proposed to erect 1.5m high post and rail fencing with stock proof fencing. To the main entrance of the site is to comprise a 1.2m high, 5-bar gate. A separate galvanised metal gate to serve the field would be taken from the main site access, set approximately 36m into the site.

These details had been subject to re-consultation. Letters of objection had been received from the Parish Council and one local resident as detailed in the main report below along with the original comments.

Members’ attention was brought to the main agenda papers, late observation sheet and a verbal update addressing points raised by the Parish Council.

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

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)   For the avoidance of doubt the information to which this decision relates is as follows:  Drawing Nos.: 2705(02)1250 B, 001 A, 002 A, 003 A, 005 A; 2705(08)002 B, 2705(08)003 C, 2705(08)005 A, 2705(08)006 A, 2708(08)007 A2705(08)008 and drawing 2705(08)004.

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

 3)  Within three months of commencement of works a scheme of landscaping shall be submitted to the Local Planning Authority for approval in writing to include details of the size and species of any trees in the close vicinity of the barns to be retained or removed and details of the size and species of the proposed hedging. The landscaping shall be carried out in accordance with the approved details prior to first occupation of the buildings. If within a period of five years from first occupation of the buildings, any of the trees or plants that form part of the approved details of soft landscaping die, are removed or become seriously damaged or diseased then they shall be replaced in the next planting season with others of a similar size and species.

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

 4)  To ensure the protection of badgers and nesting birds, all works will be carried out in accordance with the details contained in the Conclusions section of the Letter from Julian Thornber, AA Environmental Limited to Mr Cazaly, Cazaly Developments dated 16th March 2021.

In the interests of the ecology of the site as supported by policy SP11 of the Council's Core Strategy.

 5)  No external lighting shall be affixed the buildings or installed on the site other than in accordance with a "lighting design strategy for biodiversity" which shall first have been submitted to the Local Planning Authority and approved in writing. The lighting strategy will :a) Identify those areas/features on site that, due to their potential for use by bats, are particularly sensitive to lighting impacts (including any biodiversity enhancement features)b) Show how and where external lighting will be installed in accordance with the Conclusions section of the Letter from Julian Thornber, AA Environmental Limited to Mr Cazaly, Cazaly Developments dated 16th March 2021 and with 'Guidance Note 8 Bats and Artificial Lighting' (Bat Conservation Trust and Institute of Lighting Professionals).All external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy and will be maintained thereafter in accordance with the strategy.

In the interests of the ecology of the site as supported by policy SP11 of the Council's Core Strategy.

 6)  Prior to the completion of the development hereby approved, details of how the development will enhance biodiversity will be submitted to and approved in writing by the Local Planning Authority. These will be in accordance with the Conclusions section of the Letter from Julian Thornber, AA Environmental Limited to Mr Cazaly, Cazaly Developments dated 16th March 2021 and will include the provision of integrated bat and bird boxes and native species planting. The approved details will be implemented and thereafter retained.

In the interests of the ecology of the site as supported by policy SP11 of the Council's Core Strategy.

 7)  The materials to be used in the exterior faces and roof of the buildings shall be as specified on the accompanying application forms.

To ensure that the proposed development does not prejudice the appearance of the locality, as supported by policy SP1 of the Council's Core Strategy.

Informatives

 1)  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.

 2)  The granting of planning permission confers no other permission or consent on the applicant. It is therefore important to advise the applicant that no works can be undertaken on a Public Right of Way without the express consent of the Highways Authority. In cases of doubt the applicant should be advised to contact this office before commencing any works that may affect the Public Right of Way.

This means that the Public Rights of Way must not be stopped up, diverted, obstructed (this includes any building materials, vehicles or waste generated during the works) or the surface disturbed. There must be no encroachment on the current width, at any time now or in future and no furniture or fixtures may be erected on or across Public Rights of Way without consent.