Demolition of existing house and erection of 6 semi-detached houses with car parking and access drives to existing road. Associated landscaping.

The proposal sought planning permission for demolition of existing house and erection of 6 semi-detached houses with car parking and access drives to existing roads.

The application had been referred to the Committee by been called to Development Management Committee by Councillor Skinner and Councillor Granville on the grounds of the impact on the street scene to Ashley Road and St Botolph’s Road, the bulk and massing of the proposals in comparison to surrounding, contrary to the Sevenoaks Residential Character Area Assessment, the scale and site coverage of the development was out of keeping with the surrounding area, contrary to Sevenoaks Allocations and Development Management Plan Policy EN1, and concerns regarding changes in site levels.

Members’ attention was brought to the main agenda papers and late observation sheet which recommended alteration to the wording of conditions 10 (ecological enhancements) and 12 (precautionary mitigation for priority species).

The Committee was addressed by the following speakers:

Against the Application:	Andrew House
For the Application:	Peter Price
Town Representative:	Town Cllr Michaelides
Local Members:	-

Members asked questions of clarification from the speakers and officer.

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

Members discussed the application considering, character, density and housing needs.

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: 22-23-01, 22-23-02B, 22-23-03C, 22-23-04, 22-23-05, 22-23-06, 22-23-07, 22-23-09B, Tree Protection Plan.

 

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

 

3) Notwithstanding the approved drawings, the window(s) in the first floor side facing north and south elevation(s) of the development hereby permitted shall be glazed with obscure glass of no less than obscurity level 3 and permanently fixed shut, unless the parts of the window/s which can be opened are more than 1.7 metres above the floor of the room in which the window is installed and shall thereafter be permanently retained as such.

 

To safeguard the privacy of residents as supported by Policy EN2 of the Sevenoaks Allocations and Development Management Plan.

 

4) Prior to the commencement of works on the development hereby approved, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the following:  (a) Routing of construction and delivery vehicles to / from site; (b) Parking and turning areas for construction and delivery vehicles and site personnel; (c) Site working hours and timing of deliveries; (d) Site layout and security measures; (e) Provision of wheel washing facilities; (f) Temporary traffic management / signage; (g) measures to deal with noise and dust.

 

To ensure details of construction are provided in accordance with policies EN1 and T2 of the Allocations and Development Management Plan.

 

5) 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 and safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan.

 

6) Prior to the development reaching above damp proof course, details of the hard and soft landscaping and boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. The landscaping plan shall include details of species, sizes and a planting and maintenance schedule. The approved hard landscaping details shall be implemented prior to first occupation of the dwelling hereby approved, and shall be carried out in accordance with the approved details. All planting, seeding or turfing approved shall be carried out in the first planting and seeding season following the occupation of the development or the completion of the development, whichever is the sooner. Any trees or plants which, within a period of five years after planting, are removed, die or become seriously damaged or diseased in the opinion of the local planning authority, shall be replaced in the next available planting season with others of similar size, species and number, unless otherwise agreed in writing by the local planning authority.

 

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 

7) Prior to the development reaching above damp proof course, details of external materials will be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 

8) 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.

 

9) The cycle parking and vehicular parking as shown on plan number 22-23-03C shall be implemented prior to the first occupation of the dwellings, hereby approved, and shall be thereafter retained.

 

To encourage the use of low emissions vehicles and promote sustainable travel, and to provide satisfactory on-site parking in accordance with policy T2 and T3 of the Sevenoaks Allocations and Development Management Plan.

 

10) Within six months of works commencing on the site, details of ecological enhancements shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to first occupation of the dwellings, hereby approved, and shall be thereafter maintained.

In the interests of securing ecological enhancements in accordance with policy SP11 of the Core Strategy, the principles of the National Planning Policy Framework and policy L1 of the Sevenoaks Neighbourhood Plan.

 

11) The development, hereby approved, shall be carried out in accordance with the Tree Protection Plan and the recommendations and measures detailed in Sections 9-15 of the submitted Arboricultural Report by Sylvanarb dated February 2023.

 

To ensure the retained trees are adequately protected to preserve the character of the area, in accordance with policy EN1 of the Allocations and Development Management Plan.

 

12) From the commencement of works (including site clearance), the following precautionary measures will be implemented to avoid capture of hedgehog (a priority species):   1. Backfilling of trenches and other excavations will be undertaken before nightfall, or a ramp will be left to allow any animals to easily exit;  2. All excavations and trenches will be checked each morning throughout the construction period and prior to infilling;   3. All temporarily stored building materials (that might act as temporary resting places) will be isolated within hardstanding areas and raised off the ground, e.g. on pallets.

In the interests of conserving priority species in accordance with policy SP11 of the Core Strategy, the principles of the National Planning Policy Framework and policy L1 of the Sevenoaks Neighbourhood Plan.

 

13) Prior to occupation of the development, hereby approved, 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 proposed external lighting, as well as the expected horizontal and vertical 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.

 

In the interests of protecting biodiversity and avoiding a harmful artificial light spillage in accordance with policy SP11 of the Core Strategy, policy EN2 of the Allocations and Development Management Plan and the principles of the National Planning Policy Framework.

 

14) Prior to the first occupation of the development, hereby approved, the pedestrian visibility splays of 2 metres x 2 metres behind the footway on both sides of the access with no obstructions over 0.6m above footway level, and the vehicular visibility splays of 2.4 metres x 43 metres x 43 metres at the access with no obstructions over 1.05 metres above carriageway level within the splays shall be provided and thereafter maintained.

 

In the interest of highway safety.

 

15) No development shall commence until a Biodiversity Gain Plan and Biodiversity Management and Monitoring Plan to ensure that there is a 10% net gain in biodiversity within a 30 year period as a result of the development have been submitted to and agreed in writing by the Local Planning Authority. The Biodiversity Management and Monitoring Plan shall include 30-year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports.

 

Monitoring reports shall be submitted to the Council 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 BNG is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

 

The Biodiversity Management and Monitoring Plan shall also 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.

 

To ensure compliance with the Sevenoaks Town Neighbourhood Plan biodiversity net gain policy L1.

 

Informatives

 

 1) 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.

 

 2) 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.

 

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 public highway. Some of this highway land is owned by Kent County Council whilst some is owned by third party owners. Irrespective of the ownership, this land may have highway rights over the topsoil.

 

Works on private land may also affect the public highway. These include works to cellars, to retaining walls which support the highway or land above the highway, and to balconies, signs or other structures which project over the highway. Such works also require the approval of the Highway Authority.

 

Kent County Council has now introduced a formal technical approval process for new or altered highway assets, with the aim of improving future maintainability. This process applies to all development works affecting the public highway other than applications for vehicle crossings, which are covered by a separate approval process.

 

Should the development be approved by the Planning Authority, it is the responsibility of the applicant to ensure, before the development is commenced, that all necessary highway approvals and consents have been obtained and that the limits of the highway boundary have been clearly established, since failure to do so may result in enforcement action being taken by the Highway Authority. The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under the relevant 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.

 

Guidance for applicants, including information about how to clarify the highway boundary and links to application forms for vehicular crossings and other highway matters, may be found on Kent County Council's website: https://www.kent.gov.uk/roads-and-travel/highway-permits-and-licences/highways-permissionsand-technical-guidance. Alternatively, KCC Highways and Transportation may be contacted by telephone: 03000 418181

 

 3) The applicant is reminded that, under the Wildlife and Countryside Act 1981 (as amended), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this Act.

 

Habitats are present on and around the site that provide opportunities for breeding birds. Any work to vegetation/structures that may provide suitable nesting habitats should be carried out outside of the bird breeding season1 (1st March to 31st August inclusive) to avoid destroying or damaging bird nests in use or being built. If vegetation/structures need to be removed during the breeding season, mitigation measures need to be implemented. This includes examination by a suitably qualified and experienced ecologist immediately prior to starting work. If any nesting birds are found, works must cease until after the birds have finished nesting.

 

National Planning Policy Framework

In dealing with this application we have implemented the requirements in the National Planning Policy Framework to work with the applicant/agent in a positive, proactive and creative way by offering a pre-application advice service; as appropriate updating applicants/agents of any issues that may arise in the processing of their application and where possible and if applicable suggesting solutions to secure a successful outcome. We have considered the application in light of our statutory policies in our development plan as set out in the officer’s report.

For the comfort of Members and Officers, the Chairman adjourned the meeting at 7.40pm and the meeting resumed at 7.46pm