Erection of 2 dwellings with detached garages, extension to existing dwelling and associated works.

The proposal sought planning permission for erection of 2 dwellings with detached garages, extension to existing dwelling and associated works.

 The application had been referred to the Committee by Councillor Gustard on the grounds of harm to the amenity of neighbours, contrary to policy EN2 of the Allocations and Development Management Plan (ADMP), and harm due to the size and massing of the proposal, contrary to policy EN1 of the ADMP.

Members’ attention was brought to the main agenda papers and late observation sheet which did not amend the recommendation but also brought Members’ attention to the revised NPPF and change or paragraph references.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the speakers and officer regarding ancillary use of the garages and landscaping.

It was moved by the Chairman that the recommendations within the report, and for an additional condition regarding ancillary use of the garage,  be agreed.

Members discussed the application, giving consideration to the additional condition.

The motion was put to the vote and it was

Resolved:  That planning permission be GRANTED by 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: 102 C, 200 D, 201 D, 202 A, 203 A, 204 B, 205, 300 C, 301 B, 400 A, 401, 0627/23/B/1A.

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

3) The materials to be used in the construction of the development shall be those indicated on the approved plan 203 A, 300 C and 301 B.

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by policies EN1 of the Sevenoaks Allocations and Development Management Plan and C4 of the Sevenoaks Town Neighbourhood 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 Sevenoaks Allocations and Development Management Plan.

5) 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 and Policy C4 of the Sevenoaks Town Neighbourhood Plan.

6) Notwithstanding the approved drawings, the window(s) in the ‘House A’ first floor south west side facing 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.

7) The cycle parking and EV charging points as shown on plan number 205 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 in accordance with policy T3 of the Sevenoaks Allocations and Development Management Plan.

8) 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 and shall be thereafter maintained.

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

9) The development, hereby approved, shall be carried out in accordance with the tree protection measures and recommendations outlined in section 9 and 11 and appendices C, D, F and G of the Arboricultural Report prepared by Quaife Woodlands and dated October 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 and policy L4 of the Sevenoaks Neighbourhood Plan.

10) 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.

11) 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.

12. The use of the detached garages hereby approved, shall only being used as ancillary accommodation to the main dwellinghouse.

In the interest of the residential amenity of neighbouring properties and compliance with policy EN2 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.

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

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.