Erection of a four bedroom detached chalet bungalow, providing for vehicular access to/from Ash Road. (Resubmission of SE/12/01339/FUL)

The proposal was for the sub-division of the plot with the erection of a 4-bed chalet bungalow. The application site forms part of a large garden relating to an existing three bed bungalow that fronts onto Ash Road. The proposal included the  demolition of part of an existing single storey extension of Joh San and creation of a new vehicular access from Ash Road. The primary view of the dwelling would be from Chantry Avenue.

This application related to a residential property on a plot of 0.167ha within the Hartley village envelope. The site was surrounded by properties with a mixture of dwelling type, scale of built form and architectural styles. Access was not available form Chantry Avenue as the applicant did not own the relevant land.

Officers considered that the scale of the building would be compatible with the scale and form of buildings in the immediate locality and would not have such an adverse effect on the character and appearance of the area to warrant an objection. It would not unacceptably impact upon neighbouring amenities.

Members’ attention was drawn to the tabled Late Observations sheet.

The Committee was addressed by the following speakers:

Against the Application:       Mr. Jeffreys

For the Application:              Mr. Scott

Parish Representative:         -

Local Member:                      Cllrs. Ramsay and Abraham

The Case Officer responded to Members’ questions. The height of the new building would be 7.7m, with eaves heights of 3.3m. This compared respectively to 5.1m and 7.8m for No. 49 Chantry Avenue and 2.6m and nearly 4.8m for No. 47, the neighbouring properties. The applicant had confirmed there would be no windows in the southern elevation for the retained Joh San dwelling.

It was MOVED by the Chairman and was duly seconded that the recommendation in the report, as amended by the Late Observations Sheet, to grant permission subject to conditions be adopted.

A Members suggested that boundary treatments from Galdana may need to include fencing so as to minimise light pollution from vehicles using the access.

Concern was raised that there would be no Affordable Housing contribution. It was noted the policy had been followed.

An amendment to the motion was agreed that demolition or construction works shall not take place prior to 0900 on Saturdays.

It was noted one of the immediately neighbouring dwellings would be higher than the proposed development.

The motion was put to the vote and there voted –

8 votes in favour of the motion

4 votes against the motion

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)         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 dwelling 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 area as supported by Policy EN1 of the Sevenoaks District Local Plan.

3)         No development shall take place until full details of both hard and soft landscaping have been submitted to and approved by the Local Planning Authority.  These details shall cover as appropriate: Proposed finished levels or contours; 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, and Implementation timetables.

Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality in accordance with Policy EN1 of the Local Plan.

4)         The proposals for landscaping shown on the approved layout shall be implemented prior to the first occupation of the dwelling hereby approved or such other date as may be agreed in writing by the Local Planning Authority.  The approved landscaping works shall thereafter be retained in accordance with the approved layout for a period of 5 years.  Any trees or plants which, within this 5 year period, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or diseased, shall be replaced in the next planting season with others of same species, size and number as originally approved, unless the Local Planning Authority gives written consent to any variation.

Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality in accordance with Policy EN1 of the Local Plan.

5)         Prior to any permanent closure of the eastern vehicular access and commencement of the use of the western vehicular access as shown on approved plan no. PL/002 Rev. B, full details of the restoration of the land relating to the closure of the eastern vehicular access shall be submitted to and approved in writing by the Local Planning Authority.  The restoration of the land shall be implemented in full within three months of the first use of the western vehicular access and maintained in accordance with the approved details.

To safeguard the amenities of the area in accordance with policy EN1 of the Local Plan.

6)         The dwelling shall achieve Level three of the Code for Sustainable Homes. No dwelling shall be occupied until evidence shall be provided to the Local Authority showing  that a final Code Certificate has been issued for it certifying that Code Level three has been achieved or alternative as agreed in writing by the Local Planning Authority.

In the interests of environmental sustainability and reducing the risk of climate change as supported in the National Planning Policy Framework and policy SP2 of the Core Strategy

7)         No development shall take place until full details of a scheme of Biodiversity enhancement has been submitted to and approved by the local planning authority.  The approved details shall be implemented in full and maintained thereafter.

To ensure that the proposed development will not have a harmful impact on protected species and habitats, and wider biodiversity, in accordance with   Policy SP11 of the Core Strategy and guidance in National Planning Policy Framework 2012.

8)         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no development shall be carried out within Classes A, B, C of Part 1 of Schedule 2 of that Order (or any Order revoking and re-enacting that Order), without prior approval of the Local Planning Authority.

To safeguard the amenities of adjacent residential occupiers supported by Policy EN1 of the Sevenoaks District Local Plan.

9)         Demolition or construction works shall not take place outside 0700 hours to 1800 hours Mondays to Fridays and 0900 hours to 1300 hours on Saturdays nor at any time on Sundays or Bank Holidays.

To prevent disturbance to nearby residential properties in accordance with Policy EN1 of the Local Plan

10)       The development hereby permitted shall be carried out in accordance with the following approved plans: PL/001 Rev. A and PL/002 Rev. B

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

11)       No development shall take place until further details showing a scheme of restoration to the southern elevation of Joh San after demolition has taken place as shown on plan no. 4792/PL002/Rev. B.  Such a scheme shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented in full and thereafter maintained.

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