An outline planning application for: up to 800 residential dwellings (Class C3), up to 150 residential institutional units (Class C2), business, retail, leisure and sports uses (Class E); new primary school (Class F1); community uses (Class F2), re-use of former Oast House and existing barn off Childsbridge Lane, green open spaces including parks, play spaces, ecological areas and woodlands; vehicular accesses from Bat and Ball Road, Childsbridge Lane and Farm Road; associated infrastructure, groundworks and demolition; with all matters reserved.

The proposal sought permission for an outline planning application for up to 800 residential dwellings (Class C3), up to 150 residential institutional units (Class C2), business, retail, leisure and sports uses (Class E); new primary school (Class F1); community uses (Class F2), re-use of former Oast House and existing barn off Childsbridge Lane, green open spaces including parks, play spaces, ecological areas and woodlands; vehicular accesses from Bat and Ball Road, Childsbridge Lane and Farm Road; associated infrastructure, groundworks and demolition; with all matters reserved. The application had been referred to the Committee at the discretion of the Chief Planning Officer, as the development was of significant nature being major development in the Green Belt.

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

The Committee was addressed by the following speakers:

Against the Application:	-
For the Application:	David McCabe
Parish Representative:	Cllr Claire Shea (Sevenoaks Town Council) Cllr Andrew Michaelides (Seal Parish Council)
Local Members:	Cllr Claire Shea

Members asked questions of clarification from the speakers and officers. In response to questions Members were advised that the primary health care trust and Thames water were consulted. Kent County Council as the Education Authority had identified that the land should be for a primary school and for funding provisions for secondary education within the district.

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

Members discussed the application giving consideration to the use of land, and the community benefits. Some concerns were expressed regarding the increased population and the extra traffic, and possible implications on health services. Members further discussed the provision of affordable housing, Community Infrastructure Levy contributions from the development, and the controls surrounding the development by a signed section 106 agreement.

It was suggested that the recommendation should read for permission for outline permission. The Chairman was in agreement and amended his original motion.

The motion was put to the vote and it was

Resolved:  That

A)    outline planning permission be granted subject to

i)     referral of the application to the Secretary of State as major development in the Green Belt, to decide whether to call the application in, and

ii)   the conditions set out below, subject to any minor changes to wording being agreed by the Chief Officer for Planning and Regulatory Services, and

iii)  a satisfactory legal agreement being made under Section 106 of the Town and Country Planning Act 1990 (as amended) being completed no later than 30 September 2023, unless in accordance with a new timescale agreed in writing by the Chief Officer for Planning and Regulatory Services.

Section 106 Agreement

The Section 106 Agreement shall include the following requirements:

·         Affordable housing comprising 40% of all on-site housing to be provided, of which 65% would be provided as Affordable / Social Rented; 25% as First Homes; and 10% as Intermediate Housing.

·         Safeguarding of 2.05 hectares land for a primary school.

·         Financial contributions towards the construction of a primary school, and off-site secondary school construction and secondary school land (based on applicable housing units delivered) to be provided in the event that Community Infrastructure Levy funding is not secured or is only partly secured by the local education authority.

·         Highways and transport improvements, including works to be secured through a Section 178 Agreement as required, to include:

•    Green Travel Plan measures, as set out in the Framework Travel Plan, to include the provision of an on-site car club and mobility hub.

•     Payment of Travel Plan monitoring fee of £1,422.

•     Bus Management Plan for the delivery of a bus service into the site;

•     Bus Service Contribution of £750,000;

•     Bus stop provision within the site;

•     Works to Bat and Ball Junction to change from signalised junction to roundabout junction and associated pedestrian and cycle crossings).

•     Changes to parking configuration and highway along Greatness Lane/Mill Lane.

•     Segregated pedestrian and cycle route along Childsbridge Lane from Seal to Kemsing.

•     Priority scheme on bridge over the railway on Childsbridge Lane to ensure safe pedestrian and cycle access.

•     Segregated pedestrian cycle route along Bat and Ball Road from Bat and Ball Station to entrance of the development site.

•     A contribution of £18,000 to delivering off-site improvements to Public Right of Way SU3.

·                 Schemes for the delivery, management and maintenance of:

•     Open spaces, landscape and ecology on the site

•     Greatness Lake Park, including delivery of lakes for water sports usage.

•     Water sports centre, including Lakeside Centre and water-based recreation opportunities;

•    The Oast House, to secure access to and long term benefit of the community;

•    The Barn for long term community use and benefit.

·             Community Use Agreements for the Oast House, Barn and Lakeside Centre/lakes.

Conditions

1.     The development to which this permission relates must be begun not later than whichever is later of the following dates: a) the expiration of 3 (three) years from the date of this permission; or b) the expiration of two years from the approval of the final Reserved Matters permission.

 

In pursuance of section 92(2) of the Town and Country Planning Act 1990.

2.   The first application for the approval of the Reserved Matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 In pursuance of section 92(2) of the Town and Country Planning Act 1990.

3.    The final Reserved Matters application shall be made to the Local Planning Authority not later than 15 years following the approval of the first Reserved Matters application.

In pursuance of section 92(2) of the Town and Country Planning Act 1990 and to provide certainty over the delivery of the development.

4.    Prior to the approval of the first application of reserved matters, a phasing strategy shall be submitted to and approved in writing by the local planning authority. The phasing strategy shall include a plan defining the phases for the purposes of reserved matters applications and a programme for the delivery of each phase.

The development shall be carried out in accordance with the phasing plan as approved. The phasing plan may be updated or amended from time to time with the approval in writing of the local planning authority pursuant to this condition.

To secure appropriate phasing of the development, ensure the satisfactory delivery of elements of the proposed development and to accord with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

5.    Prior to the approval of the first application for reserved matters, a Site Wide Design Code (SWDC) shall be submitted to and approved by the Local Planning Authority. The Design Code, which shall follow the framework set out in the National Model Design Code, shall explain its purpose, structure and status; indicate who should use the document and how to use it; set out the mandatory and discretionary elements; and be clear how these apply. The Design Code should be in substantial accordance with the approved Parameter Plan, Site Levels and Building Heights Plan and Design Principles Document (David Lock Associates November 2022) and should include the following:

i.      Details of the engagement strategy with the local community and its representatives that has informed the SWDC.

ii.    Description of how the overall vision and objectives for the development, as set out in the Design Principles Document, will be implemented through the detailed design stages;

iii.   A Regulatory Plan showing a framework for development including the primary and secondary routes, access points for parcels, site wide pedestrian and cycling routes, hierarchy of key public open spaces and other green spaces and location of key community facilities.

iv.   A movement hierarchy for the site, which is to secure a legible, permeable and connected network, and how the principles of the walkable neighbourhood set out in the Design Principles Document will be achieved, with specific reference to key amenities.

v.     Typical street cross-sections which will include details of tree planting, landscaping, service runs, traffic calming and on street parking for primary and secondary streets and the proposed pedestrian cycle routes. The Code should demonstrate how the design of the streets and spaces will address the needs of all users and give priority to sustainable travel and the proposed treatment of routes for cyclists and pedestrians;

vi.   For each Site Specific area defined in the Design Principles Document, design features that illustrates the character, addresses characteristics such as block structure, scale, density, massing, street frontages, use of materials, colours. This should clearly demonstrate how the character and identity is informed by the wider context surrounding the site and Sevenoaks as a whole.

vii.  The approach to parking, including cycle parking and electric vehicle charging, to be included across the site including the location of dedicated car parks for the proposed community facilities and Lakeside Centre.

viii. The approach to the landscape framework, having regard to the findings of the Landscape and Visual Impact Assessment (and updates) including the integration of existing retained landscape features, new strategic and structural planting, the landscape framework for Greatness Lake Park and maintenance and management of the green spaces.

ix.   Specific urban design features that will contribute to health and wellbeing, including open space, play spaces and key route design to encourage activity and interaction, access to community facilities, street frontages (avoiding blank frontages) and accessibility to nature.

x.     Measures to demonstrate how the design can maximise resource efficiency of land, water, energy and materials such as through compact layouts, energy efficient built forms, passive design tools including nature-based solutions, orientation, massing and external building features.

xi.   Features that demonstrate how the design responds to climate change including rising temperatures and flood-risk such as through nature-based solutions.

xii. Approach to refuse and recycling management for all building types.

xiii. Management and maintenance principles for community facilities, open space, sustainable drainage and public realm.

Thereafter, any Reserved Matters Application submitted pursuant to Condition 10 shall comply with the approved Site Wide Design Code.

In the interests of achieving high quality design and integration of the development in the landscape and a sustainable community, in accordance with Policy EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan, Policy SP1 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

6.    Prior to the approval of the first reserved matters application, a site wide Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. This will be substantially in accordance with the Protected and Priority Species Mitigation Strategy (SLR January 2023) and must include:

i.    Findings of up-to-date species and habitat surveys;

ii.   A Biodiversity Gain Plan which shall secure a 10% net gain in biodiversity within a 30 year period as a result of the development, unless otherwise agreed in writing with the Local Planning Authority pursuant to this condition;

iii.  A native-species landscaping scheme;

iv.  A Biodiversity Management and Monitoring Plan which shall include 30-year objectives, management responsibilities, maintenance schedules, a methodology to ensure the submission of monitoring reports and 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/bodies responsible for its delivery.

Thereafter, Reserved Matters applications shall comply with the principles established by the approved site wide LEMP.

To ensure the delivery of biodiversity enhancements in accordance with Core Strategy Policy SP11, the Sevenoaks Neighbourhood Plan and the National Planning Policy Framework, including paragraph 174 for the provision of net gains for biodiversity.

7.     Prior to the approval of any Reserved Matters Application, a Strategic Landscaping Plan covering the whole of the site shall be submitted and approved by the Local Planning Authority. Thereafter, Reserved Matters applications for any phase of the development shall comply with the principles established by the approved Strategic Landscape Plan.

To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality, having regard to the visual and landscape impacts from the Area of Outstanding Natural Beauty, in accordance with Policies EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan.

8.    The details submitted pursuant to Condition 10 (Reserved Matters Applications) shall include a Site Wide Access Strategy that includes:

i.    The detailed layout of the three main accesses to the application site, as identified on the approved Parameter Plan;

ii.   Measures to prioritise the Primary Access for vehicular traffic and to discourage the use of the Secondary Access on Farm Road;

iii.  Measures to prevent vehicular access from the Tertiary Access into the site, with the exception of those vehicles accessing the car park and emergency vehicles.

Reserved matters approvals shall accord with the approved strategy.

To ensure a satisfactory means of access to the development and to safeguard the residential amenities of nearby residential properties, in accordance with Policy EN1, EN2 and T1 of the Sevenoaks Allocations and Development Management Plan.

9.    Any applications for approval of reserved matters pursuant to Condition 10 shall accord with the following approved plans and documents:

i.    Site Boundary Plan (TAR021/010)

ii.   Parameter Plan (TAR021/006/Rev.E)

iii.  Site Levels and Building Heights Plan (TAR021/008/Rev.C)

iv.  Development Specification (October 2022).

To ensure that the development achieves high quality design and efficient use of the land in accordance with the National Planning Policy Framework, Policy SP1 of the Sevenoaks Core Strategy and Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

10.  For each Phase of Development identified by Condition 4, the approval of details of the access, appearance, landscaping, layout and scale of the proposed development (hereinafter called the “Reserved Matters”) shall be obtained from the Local Planning Authority in writing before any development in that Phase is commenced.

In pursuance of section 92(2) of the Town and Country Planning Act 1990.

11.  For each submission of Reserved Matters applications pursuant to this permission, a “Compliance Report” shall be submitted that states how the Reserved Matters comply with the approved parameter plans and documents identified in Condition 9 and the Site Wide Design Code at Condition 5.

In pursuance of section 92(2) of the Town and Country Planning Act 1990.

12.  The details submitted pursuant to Condition 10 (Reserved Matters Applications) for any phase containing residential dwellings, local centre uses, employment uses, community uses, educational uses, public open spaces or pedestrian cycle route, shall be accompanied by a Minerals Update Statement (MUS) for approval by the Local Planning Authority. The MUS shall include details of:

i.    The location of continued minerals activities on the site, shown on a plan, in relation to the proposed development.

ii.   Details of the access arrangements for the continued minerals activities.

iii.  Updated Noise and Air Quality assessments regarding the impact of the continued minerals operations and proposed mitigation measures to protect residential amenity and amenity of the users of other buildings, spaces or routes. Any noise assessment should have regard to BS8233:2014 and BS4142:2014+A1:2019, or any subsequent updates, and the Planning Practice Guidance.

The development shall be carried out in accordance with the MUS.

To safeguard the continued mineral operations on the site in accordance with Policy DM7 of the Kent Minerals and Waste Local Plan 2013-2030 and protect the amenity of existing and future occupants of the site in line with Policy EN2 of the Sevenoaks Allocations and Development Management Plan and the national Planning Practice Guidance.

13.  The details submitted pursuant to Condition 10 (Reserved Matters Applications) containing built development for a defined Phase agreed pursuant to Condition 4, shall be accompanied by a Decarbonisation Statement describing the measures to reduce carbon emissions in that Phase for approval by the local planning authority. Statements shall include measures relating to energy and water use, renewable energy opportunities, management of waste, proposed environmental standards for residential dwellings and proposed environmental standards for any non-residential development (with reference to BREEAM standards). The phase shall be implemented in accordance with the approved Decarbonisation Statement.

To contribute towards achieving Sevenoaks District Council’s Net Zero commitment and Net Zero 2030 Actions 2022-2023.

14.  Prior to the approval of the reserved matters application for any phase identified pursuant to Condition 4 (including an application for the submission of the first phase only if this is submitted more than 12 months from the date of the site-wide LEMP approved under Condition 6), an updated LEMP shall be submitted to and approved in writing by the Local Planning Authority. This shall include updated species and habitat surveys, updated Biodiversity Gain Plan, plans for a native-species landscape scheme for that phase, and an updated Biodiversity Management and Monitoring Plan, which shall meet the requirements of Condition 6.

Thereafter, any Reserved Matters application for that phase of the development shall comply with the principles established by the approved updated site wide LEMP.

To ensure appropriate protection, enhancement and management of biodiversity, to comply with Policy SP11 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

15.  Monitoring reports shall be submitted to and approved in writing by the Local Planning Authority during years 2, 5, 10, 20 and 30 from commencement of development, unless otherwise stated in the Biodiversity Management and Monitoring Plan, demonstrating how the Biodiversity Gain is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

To ensure appropriate protection, enhancement and management of biodiversity, to comply with Policy SP11 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

16.  Prior to the commencement of development on each phase identified pursuant to Condition 4, the applicant, or their agents or successors in title, shall secure:

i.    geo-archaeological field evaluation works in accordance with a specification and written timetable which has been submitted to and approved by the Local Planning Authority;

ii.   further geo-archaeological investigation, recording and reporting, as determined by the results of the evaluation under (i), in accordance with a specification and timetable which has been submitted to and approved by the Local Planning Authority;

iii.  a programme of post excavation assessment and publication as determined by the results of (i) and (ii).

To ensure that features of geo-archaeological and Palaeolithic interest are properly examined, recorded, reported and disseminated, in accordance with Policy EN4 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

17.  Prior to the commencement of development on each phase identified pursuant to Condition 4, the applicant, or their agents or successors in title, shall secure:

i.    archaeological field evaluation works, including specialist industrial heritage survey works, in accordance with a specification and written timetable which has been submitted to and approved by the Local Planning Authority; and

ii.   further archaeological investigation, recording and reporting, as determined by the results of the evaluation, in accordance with a specification and timetable which has been submitted to and approved by the Local Planning Authority;

iii.  programme of post excavation assessment and publication as determined by the results of (i) and (ii).

To ensure that features of archaeological interest are properly examined, recorded, reported and disseminated in accordance with Policy EN4 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

18.  Prior to the commencement of development on any phase identified pursuant to Condition 4 (Reserved Matters Approvals), a demolition and construction environmental management plan (CEMP), specific to amenity and environmental issues, for that phase shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The CEMP: Amenity and Environment shall include:

i.    Details of the proposed working hours;

ii.   Details of the design and location of the construction access;

iii.  A site waste management plan;

iv.  Details of temporary utilities;

v.   Details of how the construction will comply with the sustainable use of soils on construction sites;

vi.  Details of a communication strategy to include the provision of a dedicated phone line for residents to contact the site manager directly with complaints which should be manned whenever site works are in progress;

vii. Details of a routing agreement for the site construction traffic and HGV traffic associated with the movement of bulk material to and from the site;

viii. Details of means of suppressing dust during the construction process to include the regime for dust deposition measurement at the site boundaries;

ix.  Details of the measures to mitigate the noise and vibration from construction, including means of monitoring and reporting impacts;

x.   Details of a surface water drainage scheme for the temporary drainage of the Site, to include the management of surface water run-off and the control of pollution.

To safeguard amenity and secure environmental protections and to ensure the satisfactory arrangements for the disposal of surface water and to prevent pollution of waters, to comply with Policy SP2 of the Core Strategy, Policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

19.  Prior to the commencement of development on any phase identified pursuant to Condition 4 (Reserved Matters Approvals), a detailed Construction Environmental Management Plan for Biodiversity (CEMP: Biodiversity) for that phase shall be submitted to, and approved in writing by, the Local Planning Authority. The content of the CEMP: Biodiversity shall adhere to and support the principles of the approved overarching Landscape and Ecological Management Plan for that phase. The development shall be carried out in accordance with the approved details.

To ensure adequate protection and mitigation for biodiversity during the construction process, to comply with policy SP11 of the Core Strategy and the National Planning Policy Framework.

20.  Prior to commencement of development on any phase identified pursuant to Condition 4 (Reserved Matters Approvals), a Construction Transport Management Plan (CTMP) for that phase shall be submitted to and approved in writing by the Local Planning Authority. The CTMP shall provide the following details:

i.    Routing of construction and delivery vehicles to and from site;

ii.   Parking and turning areas for construction and delivery vehicles and for site personnel;

iii.  Timing of deliveries;

iv.  Location of materials storage;

v.   Site personnel facilities;

vi.  Provision of wheel washing facilities;

vii. Provision of temporary traffic management and signage; and,

viii. Hours of construction.

To ensure minimal nuisance or disturbance is caused, to the detriment of the amenities of adjoining occupiers and of the area generally, and to avoid unnecessary hazard and obstruction to the public highway. In accordance with Policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan.

21.  Prior to commencement of development on any phase identified pursuant to Condition 4 (Reserved Matters Approvals), details demonstrating that the requirements for surface water drainage for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm can be accommodated within the proposed development layout have been submitted to and approved in writing by the Local Planning Authority. The development shall be delivered in accordance with the approved details.

To ensure the development is served by satisfactory arrangements for the disposal of surface water and that they are incorporated into the proposed layouts.

22.  Prior to commencement of development on any phase identified pursuant to Condition 4 (Reserved Matters Approvals), a detailed sustainable surface water drainage scheme for that phase or phases shall be submitted to and approved in writing by the Local Planning Authority. The detailed drainage scheme shall be based upon the Flood Risk Assessment prepared by Hydrock dated 27 September 2022 (Issue P03) and shall demonstrate that the surface water generated by the development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of without increase to flood risk on or off-site.

The drainage scheme shall also demonstrate (with reference to published guidance):

•    that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to receiving waters.

•    appropriate operational, maintenance and access requirements for each drainage feature or SuDS component are adequately considered, including any proposed arrangements for future adoption by any public body or statutory undertaker.

The drainage scheme shall be implemented in accordance with the approved details.

To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not increase the risk of on or off site flooding, to comply with Policy SP1 of the Sevenoaks Core Strategy and the National Planning Policy Framework.  Further, to ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by remobilised contaminants present in shallow soils/made ground in line with paragraph 174 of the National Planning Policy Framework.

23.  No building on any phase identified pursuant to Condition 4 (Reserved Matters Approvals) shall be occupied until a Verification Report, pertaining to the surface water drainage system for that phase, and prepared by a suitably competent person, has been submitted to and approved by the Local Planning Authority. The Report shall demonstrate that the drainage system constructed is consistent with that which was approved. The Report shall contain information and evidence (including photographs) of details and locations of inlets, outlets and control structures; landscape plans; full as built drawings; information pertinent to the installation of those items identified on the critical drainage assets drawing; and, the submission of an operation and maintenance manual for the sustainable drainage scheme as constructed.

To ensure the drainage systems are installed as approved so that the development does not increase the flood risk elsewhere, to comply with Policy SP1 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

24.  Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants. Piling and investigation boreholes using penetrative methods can result in risks to potable supplies from, for example, pollution / turbidity, risk of mobilising contamination, drilling through different aquifers and creating preferential pathways.

25.  Prior to commencement of development on any phase identified pursuant to Condition 4 (Reserved Matters Approvals), a foul drainage strategy for that phase, detailing how the developer will implement an appropriate foul drainage within the site with a connection to an adopted foul sewage system with sufficient capacity to accommodate the foul drainage generated by that phase, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the agreed detailed design and recommendations of the strategy.

 

To ensure the development does not contribute to, or is not put at unacceptable risk from sewage flooding and/or potential pollution incidents.

26.  Prior to commencement of development on any Phase identified pursuant to Condition 4 (Reserved Matters Approvals), a detailed remediation scheme, prepared by suitably qualified and accredited persons, to bring the site and buildings to a condition suitable for the intended use(s) by removing unacceptable risks to human health, buildings and other property and the natural and historical environment, shall be submitted to and approved in writing by the Local Planning Authority.

The scheme must include: (a) The results of the further investigations identified in Chapter 11 of the Environmental Statement and the accompanying Hydrock Desk Study and Ground Contamination Report; (b) based on the outcomes of further investigation and those of previous investigations, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken, including a programme of work; c) details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy are complete; and, (d) identification of any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. The scheme shall be implemented in accordance with the approved details. Any changes to these components require the express written consent of the Local Planning Authority.

To ensure that risks from contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors, in accordance with the National Planning Policy Framework.

27.  No occupation of any phase of the approved development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority.

 

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors, in accordance with the National Planning Policy Framework.

28.  If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors, in accordance with the National Planning Policy Framework.

29.  Prior to commencement of development on any phase identified pursuant to condition 4 (Reserved Matters Approvals), an Arboricultural Impact Assessment and Method Statement shall be submitted to and approved in writing by the Local Planning Authority for that phase. This shall include details of all the trees and hedgerows to be retained within or adjacent to each phase and how retained trees and hedgerows are to be protected on site, and must include the safeguarding of Ancient Woodland on the site, where relevant to that phase. The works shall subsequently be carried out in accordance with the approved details

To ensure the appropriate protection of trees, hedgerow and woodland, in the interest of safeguarding the visual amenities of the locality and the protection of irreplaceable habitats in accordance with Policy EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan, Policy SP11 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

30.  Prior to commencement of development in any phase identified pursuant to Condition 4 (Reserved Matters Approvals) where existing public rights of way are affected, a Management and Delivery Scheme for the Public Right(s) of Way (PROW) within that Phase shall be submitted to and approved by the Local Planning Authority.  The Scheme should detail how the PROW will be impacted during both the construction and operation of that phase of development and the actions that will be taken to mitigate the impacts including: (i) the requirement for any permanent diversions and the timing of such; (ii) proposals for any temporary closure and alternative routes to be provided and their timing; (iii) the measures to protect the PROW and their users during construction; (iv) the construction and design of the paths to be laid out during both construction and operational phase; (v) proposals for the PROW boundaries/buffers, including landscaping and any fencing; (vi) details of connections of PROWs at site boundaries; (vii) a programme for delivery of PROW works; and (viii) future maintenance arrangements for any adjacent landscaping. The development shall be delivered in accordance with the PROW Management and Delivery Scheme.

To safeguard the amenity and safety of users of the Public Rights of Way and to deliver a sustainable access strategy, in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan, Policy SP2 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

31.  Prior to the occupation of the 150th dwelling hereby approved, the Bat and Ball highways works, as shown on drawing 19538-22 Revision G contained within the David Tucker Associates Transport Note (27 January 2023), shall be completed.

To mitigate travel impacts in accordance with Policy T1 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

32.  Prior to the occupation of the 1st dwelling hereby approved, the shared pedestrian and cycle route along Bat and Ball Road between the proposed site entrance and Otford Road, as shown on drawing 19538-22-GA2 Revision G contained within the David Tucker Associates Transport Note (27 January 2023) shall be completed.

To mitigate travel impacts and enhance opportunities for walking and cycling in accordance with Policy T1 of the Sevenoaks Allocations and Development Management Plan, Policy SP2 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

33.  Prior to the completion of the east-west Principal Pedestrian and Cycle route shown on the approved Parameter Plan, the delivery of a shared pedestrian and cycle route along Childsbridge Lane, as shown on drawing 19538-23-GA Revision C contained within the David Tucker Associates Transport Note (27 January 2023) shall be completed. These works shall include arrangements for the provision of cycle/pedestrian priority over the bridge.

To mitigate travel impacts and enhance opportunities for walking and cycling in accordance with Policy T1 of the Sevenoaks Allocations and Development Management Plan, Policy SP2 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

34.  Prior to the occupation of any part of the development, the primary and secondary access points, as approved pursuant to Condition 8, shall be implemented in accordance with the approved details and maintained thereafter.

To ensure safe access to the site in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

35.  Prior to occupation of the Barn to be retained off Childsbridge Lane or the commencement of use of any car parking in the vicinity of the Barn, the Childsbridge Lane access, as approved pursuant to Condition 8, shall be implemented in accordance with the approved details and maintained thereafter.

To ensure safe access to the site in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

36.  Prior to commencement of development on any phase identified pursuant to Condition 4, details of a scheme of electrical vehicle (EV) charging points within that Phase, to include their specification, location and appearance, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall make provision for:

•    Each new dwelling with a garage or off street parking to have a charging point;

•    Communal parking areas to residential or non-residential uses to provide EV charging points for future users;

•    Public charging points, where appropriate to that phase, with a scheme for their management and maintenance;

•    Passive charging infrastructure to allow additional charging points to meet future demand.

The development shall be carried out only in accordance with the approved details and those charging points shall be available for use prior to the occupation of the buildings they serve and permanently retained thereafter.

To ensure the delivery of electrical vehicle charging points, to comply with policy T3 of the Sevenoaks Allocations and Development Management Plan.

37.  The Principal Pedestrian and Cycle route from Bat and Ball Rd to Childsbridge Lane shall be implemented in accordance with an approved scheme prior to the occupation of the 650th dwelling.

       To enhance opportunities for walking and cycling in accordance with Policy T1 of the Sevenoaks Allocations and Development Management Plan, Policy SP2 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

38.  The Secondary Access from Farm Road shall not be brought into use until a scheme for the rationalisation of car parking on Greatness Lane and Mill Lane to improve traffic flows has been submitted to and approved by the Local Planning Authority and implemented in accordance with the approved scheme.

To achieve safe and suitable access in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

39.  The details submitted pursuant to Condition 10 (Reserved Matters Approvals) for each phase shall include a scheme for refuse storage and recycling facilities. Development shall be carried out in accordance with the approved details and made available for use prior to occupation or first use of the phase of development that it would serve. Once provided, the facilities shall be retained thereafter.

 

To ensure the satisfactory storage, separation and collection of waste, and to encourage recycling, in accordance with Policy EN1 of the Allocations and Development Management Plan.

40.  All dwellings hereby approved shall be delivered, as a minimum, in accordance with the requirements of Part M4 (2) of the Building Regulations for 'Accessible and Adaptable Dwellings’. Within each phase that includes residential dwellings, a minimum of 5% of all dwellings shall be delivered as Wheelchair User dwellings in accordance with the requirements of Part M4(3) of the Building Regulations.

To contribute to the requirement in the District for accessible dwellings in accordance with the requirements of Policy SP5 of the Sevenoaks Core Strategy.

41. No development of the Phase containing Greatness Lake Park (as defined in the Phasing Strategy approved pursuant to Condition 4) shall commence until the Local Planning Authority has approved in writing a scheme for the Park, including:

i.      A network of formal and informal routes including a main circular route around the lake that is suitably surfaced to accommodate wheelchairs and pushchairs.

ii.    Details of retained and new woodland, habitats and other planting, including habitat for Sand Martens on the lake edge, in accordance with the approved LEMP.

iii.   Routing of footpaths to divert people away from sensitive areas, including retained or new ecological habitats.

iv.   Sensitive approach to southern lake edge to allow for shallow margins to be created.

v.     Natural play features and picnic sites, including the eastern side of the lake with pedestrian access from the Barn and car park.

Greatness Lake Park shall be implemented in accordance with the approved scheme no later than the occupation of the 650th dwelling and shall thereafter be retained as such for the lifetime of the development.

In the interests of delivering a sustainable, mixed use community and to secure the very special circumstances necessary to clearly outweigh harm to the Green Belt, in accordance with the National Planning Policy Framework.

42.  No development of the Phase containing the former Oast House (as defined in the Phasing Strategy approved pursuant to Condition 4) shall commence until the Local Planning Authority has approved in writing a scheme for the refurbishment and reuse of the building for community-related purposes. The refurbishment of the Oast House shall be completed and it shall be made available for occupation in accordance with the approved scheme prior to the occupation of the 150th dwelling, and permanently retained thereafter.

In the interests of delivering a sustainable, mixed use community and to secure the very special circumstances necessary to clearly outweigh harm to the Green Belt, in accordance with the National Planning Policy Framework. To deliver on the objectives of the Sevenoaks Town Neighbourhood Plan.

43.  Prior to the occupation of the 100th dwelling, a scheme for the refurbishment and re-use of the former Barn and ancillary external space for community purposes, as defined under Class F2 of the Town and Country Planning (Use Classes) Order 1987 (as amended) shall be submitted to and approved by the Local Planning Authority. The refurbishment of the former barn shall be completed and it shall be made available for occupation in accordance with the approved scheme prior to the occupation of the 250th dwelling, and permanently retained thereafter.

In the interests of delivering a sustainable, mixed use community and to secure the very special circumstances necessary to clearly outweigh harm to the Green Belt, in accordance with the National Planning Policy Framework. To deliver on the objectives of the Sevenoaks Town Neighbourhood Plan.

44.  No development shall commence within the phase including the Lakeside Centre until the Local Planning Authority has approved in writing a scheme for the delivery and management of the Lakeside Centre, as defined on the Parameter Plan (TAR021/06/Rev E). This must include a Centre for the delivery of water-based activities open to the community and shall otherwise only be used for the following use classes: Class E uses business, services and commercial (no more than 2,000 sqm in total and 500 sqm for any single outlet); Class F2 uses comprising local community uses (up to 750sqm in total – minus Barn); and Class C3 and Class C2 Residential uses.

In the interests of delivering a sustainable, mixed use community, including securing opportunities for open sporting activities, and to secure the very special circumstances necessary to clearly outweigh harm to the Green Belt, in accordance with the National Planning Policy Framework. To deliver on the objectives of the Sevenoaks Town Neighbourhood Plan.

45.  Before each phase of development identified pursuant to Condition 4 is first occupied, details of a scheme for external lighting for the protection of biodiversity and landscape character, and a programme of implementation, shall be submitted to and approved in writing by the Local Planning Authority. The scheme must:

(i)   identify those areas and features on or adjoining the site that are particularly sensitive for wildlife and are likely to cause disturbance;

(ii)  show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent wildlife using their territory or having access to their breeding sites and resting places;

(iii) show details of the position, height, design, measures to control light spillage and intensity of illumination in order to demonstrate that the lighting will minimise impacts on the night sky.

The development shall be carried out in accordance with the approved details.

To ensure appropriate mitigation for biodiversity and to ensure the development conserves and enhances the special landscape character of area, including in views from the Area of Outstanding Natural Beauty, to comply with policies EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan, SP11 of the Core Strategy, and the National Planning Policy Framework.

46.  Prior to the commencement of development in any Phase, the details of, and arrangements for, the setting out of on-site public open space as part of that Phase of the development shall be submitted to and approved in writing by the local planning authority. The on-site public open space shall be in substantial accord with the Site Wide Design Strategy approved pursuant to Condition 5 and shall include the following matters in respect of the Phase: a) The delineation and siting of the proposed public open space; b) The type and nature of the facilities to be provided within the public open space including, where relevant, children's play provision; c) The arrangements to ensure that the public open space is laid out and completed during the course of the development; and d) An annual maintenance schedule. The open space for that Phase shall be completed in accordance with the approved details and arrangements for that Phase.

       To ensure adequate provision of public open space to meet the needs of future occupiers of the development and to accord with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

47.  Prior to the commencement of development in any phase defined pursuant to Condition 4 (Reserved Matters Approval), details of existing and proposed ground levels and finished floor levels, and cross sections within the phase, including any retaining walls, taken up to the site boundaries for that phase, shall be submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details and maintained thereafter.

In order to safeguard the visual amenities of the area in accordance with Policy EN4 of the Sevenoaks Allocations and Development Management Plan and to reduce the risk of surface water flooding on or off site.

48.  The applicant shall obtain a Secured by Design accreditation for each phase of residential development hereby approved, a copy of which must be submitted to, and approved in writing by the Local Planning Authority unless otherwise agreed within three months of the completion of the development hereby permitted.

In the interest of Security, Crime Prevention and Community Safety and in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

Informatives

1.     Please be aware that this development is also the subject of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended).

2.     The proposed development has been assessed and it is the Council's view that it would be liable to the payment of the Community Infrastructure Levy (CIL). Full details will be set out in the CIL Liability Notice which will be issued as soon as possible after the decision.

3.     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.

4.     Flood Risk: SuDS measures will be considered by Kent County Council. The Environment Agency would raise the awareness that previous flooding events have been a combination of surface water runoff and elevated base flows, so excavation of attenuation features may intersect ground water levels which reduces storage availability of surface water runoff. The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:- on or within 8 metres of a main river (16 metres if tidal); on or within 8 metres of a flood defence structure or culvert (16 metres if tidal); on or within 16 metres of a sea defence; involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert; in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it’s a tidal main river) and you don’t already have planning permission.

5.     With respect to any proposals for piling through made ground, reference should be made to the Environment Agency guidance document "Piling and Penetrative Ground Improvement Methods on Land Affected By Contamination: Guidance on Pollution Prevention". NGWCL Centre Project NC/99/73. A Piling Risk Assessment is required to demonstrate that the chosen piling method does not result in deformation of the ground that may lead to an increase in the risk of near surface pollutants migrating to underlying aquifers. The risk assessment must investigate whether the water environment source-pathway-receptor linkages exist.

6.     Disposal/movement of soils: The Environment Agency recommends that developers refer to: (i) The Position statement on the Definition of Waste: Development Industry Code of Practice and; (ii) The Environmental regulations page on GOV.UK. Any re-use of excavated materials not undertaken formally using the CLAIRE DoWCoP would require an environmental permit for deposit, unless materials are solely aggregates from virgin sources, or from a fully compliant Quality Protocol aggregates supplier. Any deposit of materials outside of these scenarios could be subject to enforcement actions and/or landfill tax liabilities.

7.     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. Thames Water expects the developer to demonstrate what measures will be undertaken to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water’s Risk Management Team.

8.     Due to the close proximity of the proposed development to Network Rail’s land and the operational railway, Network Rail requests the applicant / developer engages Network Rail’s Asset Protection and Optimisation (ASPRO) team via AssetProtectionLondonSouthEast@networkrail.co.uk prior to works commencing. This will allow the ASPRO team to review the details of the proposal to ensure that the works can be completed without any risk to the operational railway. The applicant / developer may be required to enter into an Asset Protection Agreement to get the required resource and expertise on-board to enable approval of detailed works. More information can also be obtained from our website https://www.networkrail.co.uk/running-the-railway/lookingafter-the-railway/asset-protection-and-optimisation/.

B)   If the Section 106 Agreement is not completed in accordance with the above recommendation A, that planning permission be refused on the following grounds:

1.      The development would be inappropriate development in the Green Belt and harmful to openness and would result in encroachment into the countryside. The very special circumstances advanced in this instance are not of sufficient weight to clearly outweigh the harm to the Green Belt and the other harms identified. It is therefore contrary to the National Planning Policy Framework.

2.      The proposal fails to make provision for affordable housing and is therefore contrary to policy SP3 of the Sevenoaks Core Strategy and the National Planning Policy Framework.

3.      The proposal fails to make provision for the appropriate and necessary highway and transport improvements required to mitigate the impacts arising from the development, contrary to Policy SP9 of the Sevenoaks Core Strategy, policies EN1 and T1 of the Sevenoaks Allocation and Development Management Plan and the National Planning Policy Framework.

4.       The proposal fails to make appropriate provision for education, contrary to Policy SP9 of the Sevenoaks Core Strategy.

*having declared an interest during debate, Cllr Hogarth did not take part in the vote.