Conversion of an existing barn to a 4 bedroom dwellinghouse incorporating demolition in linked building, erection of garage with cycle store and associated landscaping, and creation of a new vehicular access. Removal of caravan and store unit.

The proposal sought planning permission for conversion of an existing barn to a 4 bedroom dwelling house incorporating demolition in linked building, erection of garage with cycle store and associated landscaping, and creation of a new vehicular access. Removal of caravan and store unit.

The application had been referred to the Committee by Councillor Grint due to concern that the proposal would be inappropriate development in the Green Belt.

Members’ attention was brought to the main agenda papers and late observation sheet which, following the amendments to the National Planning Policy Framework (NPPF) that were published on the 19December 2023, the numbering of some of the paragraphs referenced had changed. It also proposed an additional condition as an alternative to the scheme on the same site which had been allowed at appeal.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the officer regarding the additional condition.

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

Members discussed the application.

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: Drawing No. COB/20/1098/202, 203, 205. 206 and SCF-PPC-00-XX-DR-C-600 (Rev P1).

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 Drawing No. COB/20/1098/ 202 and 203.

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.

4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any Order revoking or re-enacting those orders), no development falling within Classes A, AA or E of Part 1 of Schedule 2 to the said Order shall be carried out or made to the dwelling without the grant of planning permission by the local planning authority.

In order to protect the openness of the Metropolitan Green Belt in accordance with Policy GB7 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

5) The curtilage of the dwelling hereby approved shall be the land contained with the green line on the approved site plan (Drawing No. COB/20/1098/ 205).

To prevent inappropriate development within the Green Belt and encroachment into the countryside as supported by the National Planning Policy Framework.

6) No permanent development shall be carried out on the hardstanding or the land surrounding the garage up to the existing pole barn, as shown on the approved site plan (Drawing No. COB/20/1098/ 205).

To provide adequate vehicle access, turning and parking within the site and to preserve the openness of the Green Belt, in accordance with policy EN1, GB7 and T2 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

7) Within 3 months of the first occupation of the dwelling hereby approved, the existing linked building to the stables and store unit shall be demolished and all resulting materials removed from the site; and the existing caravan shall be removed from the site. There shall be no other buildings on the site other than those indicated on the proposed site plan (Drawing no. COB/20/1098/ 205) hereby approved.

To preserve the openness of the Green Belt and to comply with the aims of the National Planning Policy Framework.

8) No external lighting shall be installed on the building or within the curtilage of the site other than in accordance with an external lighting design plan which shall first have been submitted to and approved in writing by the Local Planning Authority. The lighting should be designed to minimise light spill and should be downward facing and on motion sensors. All external lighting shall be installed in accordance with the specifications and locations set out in the plan and will be maintained as such thereafter.

To ensure the development does not cause harm to protected species and preserves the character of the surrounding area, in accordance with policy SP11 of the Sevenoaks Core Strategy and policy EN1 of the Sevenoaks Allocations and Development Management Plan.

9) The development hereby approved shall be carried out in accordance with the noise mitigation measures set out in the Noise Impact Assessment dated June 2023 and produced by Pace Consult.

To protect the amenity of future occupiers, in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

10) No development hereby approved shall commence until a strategy to deal with the potential risks associated with any contamination of the site has been submitted to and approved in writing by the Local Planning Authority. This strategy will include the following components: 1. A preliminary risk assessment which has identified: all previous uses; potential contaminants associated with those uses; a conceptual model of the site indicating sources, pathways and receptors; and potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The results of the site investigation and the detailed risk assessment referred to in and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

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 in line with the National Planning Policy Framework.

11) Prior to first occupation of any part of the development hereby approved, a verification report demonstrating the 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. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

To ensure that the site does not pose any further risk to the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete, in accordance with the National Planning Policy Framework.

12) 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 a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.

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 from previously unidentified contamination sources at the development site in line with the National Planning Policy Framework.

13) No drainage systems infiltration of surface water drainage into the ground is permitted other than with the written consent of the Local Planning Authority. 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 in line with the National Planning Policy Framework.

14) The development hereby approved shall not commence until a foul drainage strategy, detailing how the developer intends to ensure that appropriate foul drainage is implemented (with a connection to foul sewer), has been submitted to and approved by in writing by the local planning authority in consultation with the (water undertaker and) EA. The development shall be constructed in line with the agreed detailed design and recommendations of the strategy. No occupation of any premises shall take place until the installed scheme is confirmed as meeting the agreed specifications (and connections are made to the foul sewer network).

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 in line with the National Planning Policy Framework.

15) No development hereby approved shall commence until a scheme for the disposal of contaminated run off from all hardstandings, manure heaps, stable washings and hay soaking areas has been submitted, approved and implemented to the satisfaction of the Local Planning Authority. No contaminated run off shall be directed to a soakaway or any watercourse.

To prevent pollution of the water environment, in accordance with the National Planning Policy Framework.

16) Prior to the first occupation of any part of the development, the parking shown on Drawing No. COB/20/1098/ 205 shall be provided in full and shall be so maintained and available for use as such at all times.

To ensure the development delivers appropriate parking provision in accordance with policy EN1 and T2 of the Sevenoaks Allocations and Development Management Plan.

17) The visibility splays for the new access shown on Drawing No. COB/20/1098/ 205 shall be maintained and shall be free from obstruction at all times.

In the interest of highway safety as supported by EN1 of the Sevenoaks Allocations and Development Management Plan.

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

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

19) Before any equipment, machinery or materials are brought on to the land for the purposes of the development, the means of protection of the hedge adjacent to Singles Cross Lane in accordance with BS5837:2012 Trees in Relation to Construction, shall be submitted to and approved in writing by the Local Planning Authority. The land so enclosed shall be kept clear of all contractors materials and machinery. The means of protection shall be maintained until all equipment, machinery and surplus materials have been removed from the land.

To prevent damage to the hedge during the construction period as supported by Policy EN1 of the Sevenoaks District Councils Allocation and Development Management Plan.

20) Prior to first occupation of the development hereby approved, details of hard and soft landscaping for the site have been submitted to and approved in writing by the local planning authority. The details shall include: hard surfacing materials; planting plans; boundary treatments; written specification (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate. All soft landscaping shall be implemented not later than the first planting season following the first occupation of any part of the development. All hard surfaces shall be laid in accordance with the approved details prior to the first occupation of any part of the development.

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

21) Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written approval to any variation.

To preserve the character and appearance of the area and to comply with policy EN1 of the Allocations and Development Management Plan.

22) Prior to the commencement of the development hereby approved, details of how the development will protect and enhance biodiversity will be submitted to and approved in writing by the Local Planning Authority. This will include mitigation measures to avoid any impacts upon protected species (including great crested newts, hazel dormouse, breeding birds, and nesting birds) and ecological enhancements including, but not limited to, the provision of bat boxes, bird boxes and native planting. The approved details shall be implemented and thereafter retained.

To ensure the development does not cause harm to protected species and provides benefits to biodiversity, as supported by Policy SP11 of Sevenoaks District Council's Core Strategy.

23. The development hereby permitted shall be carried out as an alternative to the scheme allowed at appeal under reference APP/G2245/W/23/3316549 (SDC reference 22/00690/FUL); but not in addition to it, so that one of the developments permitted may be implemented but not both, nor parts of both, developments.

In order to protect the openness of the Metropolitan Green Belt in accordance with the National Planning Policy Framework.

Informatives

1) An appropriate Asbestos survey should be undertaken and a scheme implemented to remove and safely dispose of any asbestos-containing materials in accordance with the Control of Asbestos Regulations 2012 and the applicant's/developer's Waste duty of care. Demolition must take into account the findings of this survey. It is also recommended that the Council's building control department is notified of the demolition.

2) Only clean uncontaminated water should drain to the surface water system. Roof drainage shall drain directly to the surface water system (entering after the pollution prevention measures). Appropriate pollution control methods (such as trapped gullies and interceptors) should be used for drainage from access roads and car parking areas to prevent hydrocarbons from entering the surface water system. There should be no discharge into land impacted by contamination or land previously identified as being contaminated. There should be no discharge to made ground. There must be no direct discharge to groundwater, a controlled water.

3) Any facilities for the storage of oils, fuels or chemicals shall be provided with secondary containment that is impermeable to both the oil, fuel or chemical and water, for example a bund, details of which shall be submitted to the local planning authority for approval. The minimum volume of the secondary containment should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank in the secondary containment the capacity of the containment should be at least the capacity of the largest tank plus 10% or 25% of the total tank capacity, whichever is greatest.

4) 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.