Redevelopment of the mixed-use site to provide 26 dwellings: 19 new houses and flats in three separate blocks and 7 houses and flats by way of converting and/or partial rebuilding the existing Mill House, Mill Cottage and Mill Building with 42 associated car parking spaces and new centrally located access road.

The proposal was for the redevelopment of the Greatness Mill site in Mill Lane, Sevenoaks. The proposal is for residential development of the site to provide 26 residential units. It would comprise of 19 new houses and flats in 3 separate blocks and 7 houses and flats by way of converting or partially rebuilding the existing Mill House, Mill Cottage and Mill Building with 42 associated car parking spaces and new centrally located access road.

 

The site was in the urban confines of Sevenoaks in a primarily residential area. The Allocations and Development Management Plan identified the site for housing development within a sustainable urban location.

 

A previous application on the site had been considered and refused by the Committee on 21 March 2013. It was refused on grounds of the negative impacts of Bock E on the neighbouring mill and the properties opposite from its bulk, height, scale, mass and height and there was no legal agreement for the provision of affordable housing and for contributions for infrastructure improvements. The present application had reduced the scale of block E, resulting in 3 fewer residential units. An appropriate legal agreement had now also been signed.

 

Officers considered that the application accorded with national and local development plan policies and had overcome the reasons for refusal of application SE/12/00881/FUL.

 

Members’ attention was drawn to the tabled Late Observations sheet. It was noted that a Members’ Site Inspection had been held for this application.

 

The Committee was addressed by the following speakers:

 

Against the Application:       Mr. Hilson

For the Application:              Mr. Joice

Parish Representative:         Cllr. Canet

Local Member:                      -

 

In response to a question Officers advised that since the previous application 3 parking spaces had been converted into additional green space for unit 10. Members indicated that the parking spaces could have been preferable.

 

Officers stated there were conditions to control sewerage and drainage but the Council could only ensure the situation was not made worse rather than resolving any existing problems. Thames Water had confirmed that the conditions proposed would make the development acceptable. Development could not take place until these conditions were satisfied.

 

Public speakers had raised concern at the high density of the development. Officers directed Members to Policy SP7 of the Core Strategy in that developments should make efficient use of land, in Sevenoaks Town Centre were expected to achieve a density of 40 dwellings per hectare and this would increase in suitable locations.

 

It was MOVED by the Chairman and was duly seconded that the recommendation in the report to grant permission subject to conditions be adopted.

 

Several Members, including the Local Member raised significant concern at the existing problems of sewerage overflow. It was felt this needed to be tightly conditioned. Some felt the development would still not be acceptable. Several commented that the developer should not be made responsible for existing difficulties.

 

Regret was expressed that the legal agreement failed to provide a contribution to the resurfacing of the footpath along the northern boundary of the site.

 

The motion was amended so that Officers tighten conditions 11, 14 and 15 in consultation with the Local Members and the Environmental Health Team. An informative was to be added to advise there should be a single satellite dish to serve Block D.

 

The motion was put to the vote and there voted –

 

6 votes in favour of the motion

 

6 votes against the motion

 

In accordance with paragraph 24.2 of Part 2 in the Council’s Constitution, the Chairman used his casting vote in favour of the motion. It was -

 

Resolved: That planning permission be GRANTED subject to a condition that only one satellite dish be installed on Block D together with the following conditions, with conditions 11, 14 and 15 to be tightened by Officers in consultation with the Local Members and the Environmental Health Team:-

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)         No development shall be carried out on the land until samples of the materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the Council. The development shall be carried out using the approved materials.

To ensure that the appearance of the development is in harmony with the existing character of the site and surrounding area as supported by Policy EN1 of the Sevenoaks District Local Plan.

3)         No development shall commence until large scale (1:20) construction drawings for the mill building (Block D) have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved drawings.

To ensure, so far as is possible, that the detail of the building as rebuilt matches the existing mill building, to safeguard the distinctive character of this landmark building, in accordance with Policy SP1 of the Sevenoaks District Local Plan.

4)         Before any demolition of the mill building (Block D) commences, details of measures to be taken to safeguard those parts of the building shown to be retained on the approved plans shall be submitted to and approved in writing by the local planning authority.  The approved measures shall thereafter be fully implemented and retained for the period of any demolition or construction works, unless agreed otherwise in writing by the Local Planning Authority.

To preserve the oldest part of the building with historic value dating back to the 18^th Century, to safeguard the historic character of the building and site in general, in accordance with Policy SP1 of the Sevenoaks Core strategy.

5)         The developer shall give the Local Planning Authority at least 7 days notice prior to demolition of the buildings and structures  connected to the mill, and shall afford access to the local planning authority to inspect any features connected to the historic use of the  mill that are uncovered during such works. Any features considered by the Local Planning Authority to warrant preservation shall be retained on site as part of the development in accordance with a scheme of restoration that shall be submitted to and approved in writing by the Local Planning Authority prior to the rebuilding of the upper floors of the mill or any alternative timetable as agreed in writing.

To preserve any historic features on site that may be uncovered as part of the proposed development and which add to the local value of the mill building and site, in accordance with Policy SP1 of the Sevenoaks District Local Plan.

6)         The development shall achieve Level 3 of the Code for Sustainable Homes. No dwelling or flat shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 3 has been achieved

In the interests of environmental sustainability and reducing the risk of climate change as supported by Policy SP1 of the Sevenoaks District Local Plan.

7)         No development shall commence until details of hard and soft landscaping proposals have been submitted to and approved in writing by the local planning authority, and shall include the following - details of the surface finishes  of access roads, parking areas, pavements, and any paths or patios around the proposed buildings- details of any walls, fences  and retaining structures within the site- planting plans (identifying existing planting, plants to be retained and new planting);- a schedule of new plants (noting species, size of stock at time of planting and proposed number/densities); and- a programme of implementation.  The hard and soft landscaping shall be carried out in accordance with the approved details. If within a period of 5 years from the completion of the development, any of the trees or plants that form part of the approved details of soft landscaping die, are removed or become seriously damaged or diseased then they shall be replaced in the next planting season with others of similar size and species.

To safeguard the visual appearance of the area as supported by Policy EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

8)         No development shall commence until protective fencing is installed on site in accordance with Section 10.2 of the Sylvan Arb Arboricultural Report dated 29th March 2012. The development shall be carried out in full accordance with the Tree Protection Measures specified under Section 10 of the above report unless agreed otherwise in writing by the Local Planning Authority.

To safeguard the visual appearance of the area as supported by Policy EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

9)         Notwithstanding the information contained within Section 11 of the Sylvan Arb Arboricultural Report dated 29^th March 2012, no tree works shall take place to T8 until a site meeting has been arranged with the Local Planning Authority to discuss and agree specific pruning works to raise the canopy of T8. No development shall take place until such works have been agreed and a height clearance barrier no greater than 4.5 metres in height (or as otherwise agreed) has been installed on site, in a position to be agreed in writing with the Local Planning Authority.

To protect this visually important tree, and to safeguard the visual appearance of the area as supported by Policy EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

10)       No dwelling or flat shall be occupied until the car parking spaces as shown on the approved plans have been completed and made available for parking. Notwithstanding the designation of the spaces as shown on the layout drawing, the visitor space shown adjacent to Unit 5 shall be allocated as a second parking space to this unit... Prior to first occupation of the development, the remaining visitor parking spaces shown on the approved plans shall be clearly marked for such use and maintained as visitor parking spaces thereafter.

To ensure a permanent retention of vehicle parking for the development as supported by Policy EN1 of the Sevenoaks District Local Plan.

11)       Development shall not commence until a drainage strategy detailing any on and/or off site drainage works, has been submitted to and approved in writing by the local planning authority in consultation with the sewerage undertaker. No discharge of foul or surface water from the site shall be accepted into the public system until the drainage works referred to in the strategy have been completed.

To ensure that sufficient capacity or mitigation is made available to accommodate the increase in discharge arising from the new development, in accordance with Policy EN1 of the Sevenoaks District Local Plan.

12)       No unit shall be occupied until the cycle and bin storage facilities as shown on the approved drawings have been completed and made available for such use. These facilities shall be maintained for such use thereafter.

To ensure the provision of appropriate facilities to serve the development in accordance with Policy EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

13)       The development shall not be occupied until the access works have been completed in accordance with the approved plans.

In the interest of highway safety as supported by Policy EN1 of the Sevenoaks District Local Plan.

14)       No development shall commence until a sustainable surface water drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The drainage scheme should demonstrate that the surface water generated up to and including the 100yr critical storm will not exceed the run off from the existing site following the corresponding critical rainfall event, so as not to increase the risk of flooding both on, or off, site. The strategy shall also include details and responsibility for maintenance of the surface water drainage infrastructure.

To reduce the risk of flooding both on site and in the surrounding area, in accordance with Policy EN1 of the Sevenoaks District Local Plan and the National Planning Policy Framework.

15)       No infiltration of surface water drainage into the ground is permitted other then with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details.

To protect groundwater within the underlying Principle Aquifers within Source Protection Zone 1 of a public water supply, in accordance with Policy EN1 of the Sevenoaks District Local Plan and the National Planning Policy Framework.

16)       No development shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site has been submitted to and approved in writing by the Local Planning Authority.

1)  A preliminary risk assessment which has identified:- All previous uses;- Potential contaminants associated with those uses; and- A conceptual model of the site indicating sources, pathways and receptors of 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 (2) 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 express written consent of the Local Planning Authority. The scheme shall be implemented as approved.

To ensure development is carried out in line with sustainable development principles of the NPPF, to address any contamination risks to public health and groundwaters.

17)       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 the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

To protect groundwater because the site is located on the Folkestone formation which is a principal aquifer and within a source protection zone 1 and to comply with NPPF.

18)       The development hereby permitted shall not be occupied until a verification report demonstrating completion of works set out in the approved remediation strategy under condition 16, and the effectiveness of the remediation has been 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. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

To ensure development is carried out in line with sustainable development principles of the National Planning Policy Framework, to address any contamination risks to public health and groundwaters.

19)       Prior to first occupation of units 6 and 9, the first floor windows in the side elevations of these units shall be obscure glazed and fixed shut, and maintained as such thereafter.

To protect the privacy of the occupants of neighbouring dwellings, in accordance with Policy EN1 of the Sevenoaks District Local Plan.

20)       Prior to the commencement of development  of unit 9, a scheme to prevent overlooking from the ground floor side facing window of this unit into the garden of 25 Weavers lane shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme prior to first occupation of this property and maintained as such thereafter.

To protect the privacy of the occupants of the neighbouring dwelling, in accordance with Policy EN1 of the Sevenoaks District Local Plan.

21)       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no satellite dishes shall be installed on the mill building (Block D) unless approved under a separate planning application by the Local Planning Authority.

To preserve the appearance of the building, in accordance with Policies EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

22)       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no rear extensions or outbuildings shall be erected to units 1 or 2 unless approved under a separate planning application by the Local Planning Authority.

To safeguard the Lime Tree in the rear garden of Unit 1 which is protected by a Tree Preservation Order, in order to safeguard the visual amenities of the area in accordance with Policies EN1 of the Sevenoaks District Local Plan and SP1 of the Sevenoaks Core Strategy.

23)       The development shall be carried out in accordance with the Mitigation and Enhancement Plan submitted by Arbtech and dated 5th July 2012. Prior to first occupation of any unit hereby permitted, full details of ecological enhancement measures to be undertaken on site based on the above plan shall be submitted to and approved in writing by the Local Planning Authority, and provided on site.

In the interests of biodiversity, in accordance with Policy SP11 of the Sevenoaks Core Strategy.

24)       No development shall commence until a detailed bat mitigation strategy, incorporating the enhancement measures in table 5 of the Bat Emergence Survey by Arbtech Consulting Ltd, has been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details.

In the interests of biodiversity, in accordance with Policy SP11 of the Sevenoaks Core Strategy.

25)       No piling works or other foundation designs using penetrative methods shall be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

To prevent unacceptable risks to groundwaters, in accordance with the National Planning Policy Framework.

26)       The development hereby permitted shall be carried out in accordance with the following approved plans: 4249-PD-001, 002, 003, 004, 005, 010 Rev D, 011 Rev D, 012 Rev C, 013 Rev B, 014 Rev B, 020 Rev B, 021 Rev B, 030 Rev B, 040 Rev B, 050 Rev C, 051 Rev B, 060 Rev D, 061 Rev D.

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

 

Informative

 

The applicant is advised that there should be a single satellite dish installed on Block D to serve the whole development.