Construction of a new loading/turning bay

The proposal sought planning permission for the construction of a new loading/turning bay. The application had been referred to the Committee by Cllr Grint on highway grounds.

Members’ attention was brought to the main agenda papers, late observation sheet and they were advised that condition two needed to be amended to remove the plan reference and condition 5 was a repetition of condition 4 and so needed to be removed.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the speaker. The route of the lorries to and from the site were confirmed to use the A225 and pass through Eynsford.

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

Members discussed the application and it was proposed and duly seconded that condition 6 be amended to include that lorries did not pass through Eynsford on school days between 8.30am – 9.30am and 2.30pm to 3.30pm.

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

Debate continued on the substantive motion.

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)      The development hereby permitted shall be carried out in accordance with the following approved plans: Proposed Site Block Plan, Barrier Details and Tree Removal Plan, Design and Access Statement, Rationale for Construction.

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

 3)      No trees, hedgerows or shrubs within the curtilage of the site, except those shown on the approved plan(s) or otherwise clearly indicated in the approved details as being removed shall be felled, lopped or pruned, nor shall any roots be removed or pruned without the prior consent of the local planning authority during development and for a period of five years after completion of the development hereby approved. Any trees, hedgerows or shrubs removed or which die or become dangerous, damaged or diseased before the end of a period of five years after completion of the development hereby approved shall be replaced with new trees, hedging or shrub species (of such size species and in such number and position as maybe agreed in writing), in the end of the first available planting season following their loss or removal.

In the interests of protecting the ancient woodland and protected species as supported by policy SP11 of the Sevenoaks District Core Strategy and EN4 of the Sevenoaks Allocations and Development Management Plan.

 4)      No development shall take place until an Arboricultural Method Statement (detailing all aspects of construction and staging of works) and a Tree Protection Plan in accordance with British Standard 5837:2012 (or later revision) has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the agreed details and no equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with the Tree Protection Plan. Within any area fenced in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, nor shall any fires be lit, without the prior written consent of the local planning authority. The fencing shall be maintained in accordance with the approved details, until all equipment, machinery and surplus materials have been moved from the site.

In the interests of protecting the ancient woodland and protected species as supported by policy SP11 of the Sevenoaks District Core Strategy and EN4 of the Sevenoaks Allocations and Development Management Plan.

5)       Prior to the commencement of development, a Construction and Operational Traffic Management Plan should be submitted to and approved in writing by the local planning authority. The approved plan shall be adhered to throughout operational periods and shall include: (a) traffic planning and coordination including confirmation that no related Heavy Goods Vehicle traffic shall pass through Eynsford (A225) between the horus of 08:30 to 09:30am and 2.30pm to 3.30pm on any Monday to Friday during school term time, (b) on site traffic management policy, (c) impact and management on adjoining road network, public footpath SR569 and public bridleway SR649, (d) hazard and risk identification and mitigation measures, (e) implementation of traffic management such as traffic control diagrams and signs/line marking, (f) any parking for vehicles of site personnel, operatives and visitors, (g) loading and unloading of plant and materials.

To ensure that the development and operation does not prejudice the free flow of traffic and conditions of safety on the highway or cause inconvenience to other highway users in accordance with Policy T1 of the Sevenoaks Allocations and Development Management Plan.

Informatives

 1)      The developer is advised that Public Footpath SR569 and Public Bridleway SR649 crosses the application site. The grant of planning permission does not entitle developers to obstruct a public right of way. The diversion or stopping up of footpaths, bridleways and restricted byways is a separate process which must be carried out before the paths are affected by the development. It cannot be assumed that because planning permission has been granted that an Order under section 257 will invariably be made or confirmed. Development, in so far as it affects a right of way, must not be started and the right of way should be kept open for public use, unless or until the necessary order has come into effect. It is an offence to obstruct or divert the route of a right of way unless carried out in complete accordance with appropriate legislation.

 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.