Demolition of existing shed and erection of a double storey side extension with Juliet Balcony. Removal of two chimneys. New portico porch. Alterations to fenestration, Internal alterations and alterations to roof.

The proposal sought planning permission for the demolition of existing shed and erection of a double storey side extension with Juliet Balcony, the removal of two chimneys, a new portico porch, alterations to fenestration, internal alterations and alterations to roof. The application had been referred to the committee by Cllr Grint on the grounds of the potential impacts of the proposal on the Green Belt, National Landscape and neighbouring amenity.

Members attention was directed to the main agenda papers and the late observations, which proposed an additional condition for the recommendation.

The Committee was addressed by the following speakers:

Members asked questions of clarification of the speakers and the officer. The Juliet balcony window would be glazed, and would not have a full-height view. The front windows would be small, in keeping with the street scene. It was identified that there was an error in the internal layout plans and that internal access to the flower room would be required. It was suggested that this be addressed, should planning permission be granted, through an additional condition which would require the submission of amended interior plans for approval.

It was moved by the Chairman from the chair that the recommendations within the report, the additional condition within the late observations, and a further additional condition requiring that amended internal plans be submitted for approval by officers prior to the commencement of development.

Members discussed the proposal. They gave consideration to the issue in the layout plans.  They discussed the design of the proposal, noting that it was sympathetic with neighbouring properties and the area. Some members expressed concerns regarding the flat roof of the extension, as it was not an element of the local design and the area was an Area of Outstanding Natural Beauty. Members noted that the flat roof and the Juliet balcony were to the rear of the property and would not impact the street scene of the AONB.

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: 2023-069 101; 2023-069 106 F; 2023 104 E; 2023-069 103 D; application forms.

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

3) Prior to any development above the damp proof course, details and samples of the external materials to be used for the development, including the arrangement of materials across the existing and proposed elevations, shall be submitted to and approved in writing by the local planning authority. The samples shall include a full sample panel of the flint finish which can be viewed on site, to allow comparison with the existing materials. 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.

4) Prior to works commencing, a Construction and Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of i. how the development will protect the Ancient Woodland of Knockholt Wood during the demolition of the outbuilding and construction of the extension through the reduction of dust and light pollution; and ii. the precautionary methods for the protection of bats during construction, as set out in the Ecological Impact Assessment section 5.6.2 (Aval, June 2024).

To ensure the protection of species in accordance with Policy SP11 of the Sevenoaks Core Strategy.

5) No development shall take place until full details of both hard and soft landscape proposals have been submitted to and approved in writing by the local planning authority. The details shall include the materials to be used for the hard landscaping along with full details of the proposed soft landscaping, which shall include native species tree and hedgerow planting and shall be in accordance with the recommendations within Section 4 of the Landscape, Biodiversity Enhancement and Management Plan (Aval Consulting Group, October 2023). It shall also provide details of the proposed boundary treatments, which shall incorporate native species hedgerow planting. The approved hard landscape scheme shall be implemented prior to the occupation of the development hereby approved and thereafter retained. The approved soft landscape scheme shall be implemented in the first planting season following occupation of the development and retained thereafter.

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

6) Prior to the commencement of the development hereby approved the recommendations within the Arboricultural Report provided by SouthOaks Arboricultural Consultancy dated 12th June 2024 shall be implemented and provided in full on site and shall remain in place for the duration of the construction process.

To ensure the protection and retention of the protected tree in accordance with Policy EN1 of the Sevenoaks ADMP.

7) Prior to the commencement of development above damp-proof course, details of the balustrade screen to the Juliet balcony hereby approved, which shall be obscure glazed and enclose the access from the balcony, shall be submitted to and approved in writing by the local planning authority. The approved screen shall be implemented prior to first occupation of the extension and retained as such thereafter. The proposed area of flat roof adjoining the Juliet balcony shall not be used as amenity space for the dwelling.

To safeguard the privacy of surrounding neighbours in accordance with Policy EN2 of the Sevenoaks Allocations and Development Management Plan (ADMP).

8) Prior to commencement of works above damp-proof course, detailed plans showing how the development will maintain and enhance biodiversity, plus an establishment and management plan for native planting, shall be submitted to and approved in writing by, the local planning authority. This shall include details of native and wildlife-friendly planting, integrated bat and bird bricks and/or durable boxes, log piles, hibernacula, and hedgehog homes and holes in close board fencing. The approved measures will be implemented and retained thereafter.

To ensure the protection and enhancement of species in accordance with SP11 of the Sevenoaks Allocations and Development Management Plan.

9) Prior to occupation, a lighting plan which has been designed to minimise impacts on biodiversity and landscape character shall be submitted to and approved in writing by the local planning authority. The plan shall show how and where external lighting will be installed, including details of lighting position, design, intensity and light spill, and provide commentary regarding how the Bat Conservation Trust/Institute of Lighting Professional's 'Guidance Note 08/23: Bats and Artificial Lighting at Night' has been considered in the lighting design. It will be clearly demonstrated that areas to be lit will not adversely impact protected species. All external lighting shall be installed only in accordance with the specifications and locations set out in the plan and be maintained thereafter.

To ensure the protection and enhancement of species in accordance with SP11 of the Sevenoaks Allocations and Development Management Plan and to preserve the character of the landscape in accordance with Policy EN5 of the Sevenoaks Allocations and Development Management Plan.

10) The development hereby approved shall not be occupied until the driveway, access and parking has been fully implemented in accordance with the details approved under planning permission 24/00013/HOUSE. The driveway, access and parking shall be retained as approved thereafter.

To ensure that the development does not prejudice highway safety or cause

inconvenience to other highway users in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

11) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking or re-enacting or amending those Orders with or without modification), planning permission shall be required in respect of development falling within Schedule 2, Part 1, Classes A and E of that Order.

To ensure that development within the permitted Classes in question is not carried out in such a way as to lead to harm to the Green Belt, contrary to the National Planning Policy Framework.

12)  The extension hereby approved shall not be occupied until the outbuilding identified on Plan 2023-069 106 F to be removed has been demolished and all surplus materials removed from site.

To preserve the openness of the Green Belt, in accordance with the National Planning Policy Framework.

Condition 13) relating to the details of the internal access to the garden room to be drafted by members and agreed with local members prior to issued.

Informatives

1) 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 season (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.

2) It is important to note that Local Planning Authority (LPA) 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 LPA planning permission has been granted.

For this reason, anyone considering works which may affect the public highway, including any highway-owned street furniture or landscape assets such as grass, shrubs and trees, 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 and near the highway 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 pre-application advice service in addition to a full formal technical approval process for new or altered highway assets, with the aim of improving future maintainability. Further details are available on our website below:

https://www.kent.gov.uk/roads-and-travel/highway-permits-and-licences/highways-permissions-and-technical-guidance.

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. Further details on this are available on our website below:

https://www.kent.gov.uk/roads-and-travel/highway-permits-and-licences/apply-for-a-dropped-kerb/dropped-kerb-contractor-information

Once planning approval for any development has been granted by the LPA, it is the responsibility of the applicant to ensure that before development commences, 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.

Further 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-permissions-and-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.