Conversion of existing 3 bed flat with single storey rear extension, to 2 x one-bedroom flats and 1 x two-bedroom flat including alterations to retaining wall. New external wc's for commercial unit.

The proposal sought planning permission for the conversion of existing 3 bed flat with single storey rear extension, to 2 x one-bedroom flats and 1 x two-bedroom flat including alterations to retaining wall, and new external wc's for commercial unit. The application had been referred to the committee by Cllr Clack for consideration of the impact of the development on parking.

Members’ attention was directed to the main agenda and the late observations, which did not alter the recommendation.

The committee was addressed by the following speakers:

Members asked questions of clarification of the speakers and officers. The speakers explained that cyclists may face difficulties entering the road from the development due to heavy traffic. The development was 0.9 miles from Sevenoaks train station and 1.2 miles from Bat & Ball station. The supporting steels were not separate structures, despite being visible at the rear and having their own foundations. The cycle storage area would also house bins and commercial bins; a condition mandating the inclusion of sufficient cycle storage was included in the recommendation. The site was considered “edge of centre” in regard to Policy T2, meaning there was a maximum of 1 parking space per unit with no minimum.

It was moved by the Chairman from the chair that the recommendations within the report be agreed.

Members discussed the application, giving consideration to parking in the area. They discussed the risk that the lack of parking provision may exacerbate existing parking troubles in the area. It was noted however that the existing building did not provide parking, and there was no objection from the Highways Authority on the issue. They gave consideration to the site’s good access to schools, retail, and public transport.

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: 23099 P400 (Proposed Sections), 23099 P200 rev. P2 (Proposed Floor Plans), 23099 P450 rev. P2 (Proposed Elevations), 23099 P150 rev. P1 (Proposed Site Plan), 23099 P451 (Existing and Proposed Elevations
Retaining Wall Zone), 23099 E001 (Existing Site Location Plan), 23099 P001 (Design and Access Statement), application form dated 01/03/2024 (excluding site address) and Application Form (revised address)(version 2018.1)

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

3) No development shall take place until details of all external materials (including but not limited to, walls, roof, windows, rooflights and doors), have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

To maintain the integrity and character of the Conservation Area as supported by policy EN4 of the Sevenoaks Allocations and Development Management Plan.

4) No development shall take place until a strategy for surface water drainage for the site has been submitted to and approved in writing by the local planning authority, demonstrating that the development would minimise the risk of surface water flooding both on and off site. The approved development shall accord with the approved details and be completed in full prior to the first occupation of the development hereby permitted and shall thereafter be retained.

To ensure that the principles of sustainable drainage are incorporated into the development and to mitigate impacts of surface water flooding for occupants and neighbours of the development, in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan, and the aims and objectives of the National Planning Policy Framework.

5) No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority (LPA). The Statement shall include details of: - The parking and turning areas for construction and delivery vehicles and site personnel, - Areas for the loading and unloading of plant and materials, - Storage of plant and materials used in constructing the development, - Wheel washing facilities, - The routing of construction and delivery vehicles to/from the site, - The timing of deliveries, - Demolition and construction working hours, - measures for the control of noise, dust and dirt, - A scheme for the recycling/disposing of waste resulting from demolition and construction works. The approved Construction Management Plan shall be adhered to throughout the construction period for the development.

To ensure that the development does not prejudice the free flow of traffic and conditions of safety on the highway or cause inconvenience to other highway users adjacent to the site in accordance with Policy T1 of the Sevenoaks Allocations and Development Management Plan; and to ensure the amenities of surrounding neighbours are safeguarded, in accordance with policies EN2 and EN7 of the Sevenoaks Allocations and Development Management Plan.

6) No works shall commence on site until an arboricultural impact assessment and method statement has been submitted to and approved in writing by the Local Planning Authority. The details shall include a site plan clearly showing the trees to be retained, including areas of protective fencing if appropriate, and a detailed method statement detailing how the extension will be constructed (including foundations) to prevent damage to the trees, their canopies and roots and working practices during the course of construction (including the approach if roots are found during works). The method statement shall be carried out by a qualified arboriculturalist and the development shall be carried out in accordance with the approved details.

To protect the trees on the boundary which are to be retained in the interests of the visual amenities of the locality and to conserve the character and appearance of the conservation area in accordance with Policies EN1 and EN4 of the Sevenoaks Allocations and Development Management Plan.

7) Within three months of works commencing on site, details of the proposed hard and soft landscaping, including boundary treatments, shall be submitted to and approved in writing by the local planning authority. All proposed hard surfacing shall be permeable. The approved landscape scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the first occupation of the development hereby approved and thereafter retained. All planting, seeding or turfing approved shall be carried out in the first planting and seeding season following the first 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 and Conservation Area, and in the interests of privacy as supported by Policy EN1, EN2 and EN4 of the Sevenoaks Allocations and Development Management Plan and to ensure that the development does not increase the flood risk in accordance with the aims and objectives of the NPPF.

8) The noise mitigation measures as detailed in report 'Noise Impact Assessment' by SWECO dated 20/02/2024 (Report Ref: 65211807-SWE-XX-XX-T-U-0001 Rev. C02) (The Report) shall be implemented as part of the development. Prior to first occupation, a post completion noise survey must be undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess the performance of the noise mitigation measures against the noise levels as set in the report. If the mitigation measures tested in the post-completion report prove to be insufficient, additional noise mitigation measures (where necessary to ensure the appropriate noise levels can be met), shall be submitted and approved in writing by the Local Authority and installed and tested prior to occupation. The mitigation measures must be retained thereafter.

In order to safeguard the amenity of future occupiers of the proposed dwellings in accordance with policies EN2 and EN7 of the Allocations and Development Management Plan.

9) Prior to commencement of development of the residential units hereby approved, an enhanced scheme of sound insulation (an improvement in the region of 10dB over that required in Building Regulations Document E) shall be submitted to and approved by the local planning authority to prevent nuisance from airborne and impact noise from likely and ordinary sources from the ground floor commercial activities and living activities of the occupants of those dwellings. The sound insulation test and evaluation and selection of the mitigation scheme shall be undertaken by a competent person. The development shall be implemented in accordance with the approved details.

In order to safeguard the amenity of future occupiers of the proposed dwellings in accordance with policies EN2 and EN7 of the Allocations and Development Management Plan.

10) Prior to first occupation of the units hereby approved a post completion noise survey must be undertaken by a suitably qualified acoustic consultant, and a report submitted to and approved in writing by the Local Planning Authority. The post completion testing shall assess the performance of the noise mitigation measures against the noise levels as set in the report and recommend any additional mitigation measures required. Any agreed mitigation must be installed and maintained thereafter.

In order to safeguard the amenity of future occupiers of the proposed dwellings in accordance with policies EN2 and EN7 of the Allocations and Development Management Plan.

11) Prior to first occupation of the residential units hereby approved, a scheme for alternative means of ventilation and air cooling and heating must be submitted to and approved in writing by the Local Planning Authority to demonstrate that: -The alternative means of ventilation and cooling will not compromise any noise protection measures -The alternative means of ventilation and cooling will not present an adverse noise or odour impact on occupants-The alternative means of ventilation and cooling will enable optimum living conditions in all weather and with reference to climate change predictions. The means of ventilation must be in accordance CIBSE TM59 2017 - Design methodology for the assessment of overheating risk in homes and comply with Approved Document O "Overheating" of the Building Regulations. The alternative means of ventilation and cooling shall be implemented in accordance with the approved details prior to first occupation and maintained thereafter.

In order to safeguard the amenity of future occupiers of the proposed dwellings in accordance with policies EN2 and EN7 of the Allocations and Development Management Plan.

12) Prior to completion of the development, details (including location) of ecological enhancements to be provided on site shall be submitted to and approved in writing by the Local Planning Authority. The details will be implemented as approved prior to first occupation of the development.

In the interest of biodiversity in accordance with policy SP11 of the Core Strategy.

13) Prior to the first occupation of the residential units hereby approved, the cycle storage as seen on drawing number 23099 P150 rev. P1 shall be implemented and retained thereafter.

To ensure adequate cycle storage are provided in accordance with policies EN1 and T2 of the Sevenoaks Allocations and Development Management Plan.

14) The measures proposed within section 6 the Transport Statement (Magna Transport Planning, ref 24/323/27A, dated February 2024) shall be provided on site prior to the first occupation of the dwellings hereby approved.

To ensure there is no adverse impact on the highway network and to encourage sustainable forms of travel, in accordance with Policy SP1 of the Sevenoaks Core Strategy.

15) Prior to first occupation of the dwellings hereby approved, the secure refuse storage as seen on drawing number 23099 P150 rev. P1 shall be implemented and retained thereafter.

In order to provide adequate refuse facilities in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

16) Notwithstanding the approved drawings, the window(s) in the east facing elevation, shown on plan 23099 P200 rev. P2 as serving the bathroom of Flat 2 of the development hereby permitted shall be glazed with obscure glass of no less than obscurity level 3. This window shall be 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. The windows 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.

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) Proposals to construct a drainage system to connect to a public sewer or to be adopted as part of the public sewer system require the prior consent of the relevant Water Company.

3) Scotia Gas Networks (SGN) highlights that there are a number of risks created by building over gas mains and services; these are:

- Pipework loading - pipes are at risk from loads applied by the new structure and are more susceptible to interference damage.

- Gas entry into buildings - pipework proximity increases risk of gas entry in buildings. Leaks arising from previous external pipework able to track directly into main building from unsealed entry.

- Occupier safety - lack or no fire resistance of pipework, fittings, or meter installation. Means of escape could be impeded by an enclosed meter.

Please note therefore, if you plan to dig, or carry out building work to a property, site, or public highway within SGN gas network, you must:

1. Check your proposals against the information held at https://www.linesearchbeforeudig.co.uk to assess any risk associated with your development and

2. Contact SGN Plant Protection team to let them know. Plant location enquiries must be made via email, but you can phone them with general plant protection queries.

See the contact details below:

Phone 0800 912 1722 / Email plantlocation@sgn.co.uk

In the event of an overbuild on their gas network, the pipework must be altered, you may be temporarily disconnected, and your insurance may be invalidated.

Further information on safe digging practices can be found here:

-SGN free Damage Prevention e-Learning only takes 10-15 minutes to complete and highlights the importance of working safely near gas pipelines, giving clear guidance on what to do and who to contact before starting any work https://www.sgn.co.uk/damage-prevention

-Further information can also be found here https://www.sgn.co.uk/help-and-advice/digging-safely

4) Consideration should be given to an asbestos survey of the buildings to be converted.

5) It is important to note that planning permission does not convey any approval to carry out works on or affecting the public highway.

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.