New build detached house with associated car parking and landscaping.

The proposal sought planning permission for new build detached house with associated car parking and landscaping. The application had been referred to the Committee by Cllr. Fleming on the grounds of impact to biodiversity.

Members’ attention was brought to the main agenda papers and late observation sheet which did not amend the recommendations.

The Committee was addressed by the following speakers:

Against the Application:	Mark Smith
For the Application:	Neal Thompson
Parish Representative:	-
Local Members:	Cllr. Fleming

Members asked questions of clarification from the speakers and officer.

Members asked questions around the bulk and scale of the development and the ecological impact. The Case Officer advised that he was content with the height and scale of the development in the report. He advised that a section of trees would be removed in similar fashion to existing developments in the surrounding area.

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

Members discussed the application. Members expressed concern over the ecological and environmental impact of removing the trees.

It was moved and duly seconded that condition 7 be amended to read: Prior to works commencement, a Landscape and Ecological Management Plan (LEMP) will be submitted to, and be approved in writing by, the local planning authority. (The Applicant’s Agent speaking for the development agreed to the amendment of condition 7).

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

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 and details: 21239 E150, P100, P150, P151, P152, P200, P201, P400, P450, P451 and P452.

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

3)       No development shall take place until details of existing and proposed finished site levels, finished floor and ridge levels of the buildings to be erected, and finished external surface 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 policies EN1 and EN4 of the Sevenoaks Allocations and Development Management Plan.

4)       No development including any works of demolition or preparation works prior to building operations shall take place on site until a Construction Transport Management Plan has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period and shall include:

(a)  parking for vehicles of site personnel, operatives and visitors

(b)  loading and unloading of plant and materials

(c)  storage of plant and materials used in constructing the development

(d)  programme of works (including measures for traffic management)

(e)  provision of boundary security hoarding behind any visibility zones

(f)   wheel washing facilities

(g)  measures to control the emissions of dust and dirt during construction

(h)  a scheme for the recycling/disposing of waste resulting from demolition and construction works

(i)   hours of operation.

To ensure that the development 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.

5)       Prior to the commencement of construction work, details of a proposed foul drainage system shall be submitted to and approved in writing by the local planning authority (including details of its siting, design and subsequent management/maintenance), the dwelling shall be occupied until works for the disposal of sewage have been fully implemented in accordance with the approved details.

To accord with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

6)       Prior to commencement of works (including site clearance), a construction environmental management plan (CEMP) will be submitted to and approved in writing by the local planning authority. The CEMP will include a method statement for biodiversity which includes consideration of the following:

·         Risk assessment of potentially damaging construction activities;

·         Identification of 'biodiversity protection zones' shown on appropriate scale plans;

·         Location, timing, and details of the practical measures (both physical measures and sensitive working practises) to avoid or reduce impacts on habitats and species during construction. These will include precautionary working methods for protected and priority species, and sensitive timing of vegetation clearance works for breeding birds;

·         Contingency plans should a protected species be encountered during works;

·         Details of those responsible for implementing the biodiversity method statement and lines of communication;

·         Any times during construction when specialist ecologists need to be present on site to oversee works or undertake monitoring;

·         Use of protective fences, exclusion barriers and warning signs, where required.

The approved CEMP will be adhered to and implemented throughout the construction period in accordance with the approved details.

To protect habitats and species from adverse impacts during construction.

7)       No works (including site clearance) shall take place within the site, until details of a Landscape and Ecological Management Plan (LEMP) have been submitted to and approved in writing by the local planning authority. The content of the LEMP will be based on the recommendations in Section 5.3 of the Preliminary Ecological Appraisal report (Greenlink Ecology, December 2022) and the Condition Assessment criteria for the relevant urban and woodland habitat categories within the Defra Metric, and include the following

·         Description and evaluation of features to be managed;

·         Constraints on site that might influence management;

·         Aims and objectives of management;

·         Appropriate management prescriptions for achieving aims and objectives;

·         Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period);

·         Details of the body or organisation responsible for implementation of the plan, and;

·         Ongoing monitoring and remedial measures.

The LEMP will include details of the legal and funding mechanism(s) by which the long term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan will be implemented in accordance with the approved details.

To ensure woodland ecological enhancements on site are achieved to accord with policy SP11 of the Sevenoaks Core Strategy.

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)       Within three months of works commencement, details of how the development will enhance biodiversity will be submitted to, and approved by, the local planning authority. This will include the recommendations detailed within Section 5.3, paragraphs 7-9 of the Preliminary Ecological Appraisal report. The approved measures will be implemented and retained thereafter

To ensure the proposed development results in an enhancement to the ecology and biodiversity of the site, to accord with policy SP11 of the Sevenoaks Core Strategy.

10)     Prior to occupation, a lighting design plan for biodiversity will be submitted to, and approved in writing by, the local planning authority. The plan will show the type and locations of external lighting, as well as the expected light spill in lux levels, to demonstrate that areas to be lit will not adversely impact biodiversity. All external lighting will be installed in accordance with the specifications and locations set out in the plan and will be maintained thereafter.

To ensure any lighting for the proposed development does not result in harm to protected species, to accord with policy SP11 of the Sevenoaks Core Strategy.

11)     Details of the proposed finish for the external staircase shall be submitted to and approved in writing by the local planning authority prior to commencement of those works.

To preserve the character of the area in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

12)     Prior to development reaching the damp proof course, details of the location and type of electrical charging points shall be submitted to and approved in writing by the local planning authority. The details shall indicate the location of charging point and appearance of charging point. The approved charging points shall be installed prior to first occupation of the development and shall be maintained thereafter.

To encourage the use of low emissions vehicles in accordance with policy T3 of the Sevenoaks Allocations and development Management Plan.

13)     Prior to the construction of the development hereby permitted details and/or samples of the external walls and roofing materials shall be submitted to and approved in writing by the local planning authority. The development shall be carried out using the approved materials.

To preserve the character of the area in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

14)     No works or construction shall take place outside the hours of 0800 to 1800 Monday to Friday, 0900 to 1300 on Saturday and at no times on Sundays and bank holidays.

To preserve the amenities of neighbouring residents in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

15)     Prior to works continuing above damp proof course level, full details and maintenance programme for the green roofs shall be submitted to and approved by the local planning authority in writing. The green roof shall be planted/completed in full prior to first occupation/use of the development hereby approved and shall be maintained to the satisfaction of the local planning authority.

To preserve the character of the proposed development in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

Informatives

1)       It is important to note that planning permission does not convey any approval to carry out works on or affecting the public highway.

Any changes to or affecting the public highway in Kent require the formal agreement of the Highway Authority, Kent County Council (KCC), and it should not be assumed that this will be a given because planning permission has been granted. For this reason, anyone considering works which may affect the public highway, including any highway-owned street furniture, is advised to engage with KCC Highways and Transportation at an early stage in the design process.

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.

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)       No information has been provided about the foul water drainage proposed to be installed for this development.

There is a presumption that connection to the Public Sewer should be the first considered method of sewage disposal.  If non-mains drainage is to be pursued, the applicant will need to demonstrate why this is not practicable in this specific case.  Full details will be required, including size, location and maintenance regimes.  Due consideration should be given to the National Planning Policy Guidance, Paragraph: 002 Reference ID: 34-002-20140306 in respect of Non-Mains Sewerage and Building Regulations Approved Document H - Drainage and Waste Disposal.  This information should be provided in the form of a report prepared by a suitably qualified and competent person and must be submitted with the application for it to be registered.

Proposals must be able to meet the Environment Agency's General Binding Rules, which can be found at https://www.gov.uk/guidance/general-binding-rules-small-sewage-discharge-to-the-ground, or, where the proposals are unable to meet the general binding rules the scheme must be capable of meeting the requirements of a specific discharge consent upon application to the Environment Agency.

Please note that the Local Planning Authority will note the submission of this information where provided but will not comment on its technical accuracy or provide technical guidance to the applicant. 

Any further guidance should be obtained from the Environment Agency as the UK regulator for the pollution of surface or ground waters and discharge consents.

6)       The developer is advised to contact Network Rail before undertaking any works to provide notice.</AI7><TRAILER_SECTION>