Restoration and conversion of a former Oast House to a single residential dwelling with associated garden access and parking.

The proposal sought permission for restoration and conversion of a former Oast House to a single residential dwelling with associated garden access and parking.  The application followed the refusal of permission for a similar proposal that was not accompanied by a legal agreement setting out an acceptable financial contribution towards an affordable housing provision. The application was therefore refused solely on the basis that it failed to comply with policy SP3 of the Core Strategy. The applicant had now agreed an appropriate level for a contribution and had completed a legal agreement containing the agreed contribution.  Members’ attention was brought to the late observations sheet which commented on the previous reason for refusal and did not propose any amendments or changes to the recommendations before the Committee.

The Committee was addressed by the following speakers:

Against the Application:       -

For the Application:              Jane Horibin

Parish Representative:         Cllr. Scholey

Local Member:                      Cllr. Davison

Members asked questions of clarification from the Speakers and Officers.  In response to questions the Case Officer advised that the scale, size and amount of work was more than the policy permitted but there were special circumstances. If the applicant separated the proposal out, proposed the alteration of the building to restore the oast house and once completed applied to convert the building to a residential use it was unlikely that the Council would have grounds to prevent this from occurring in this instance. He was therefore of the opinion that the conflict within the policy should not prevent the current application.  The applicant had also put forward a number of other very special circumstances that mainly involved the restoration of the curtilage listed building, which should be given material weight. The building was curtilage listed, due to its historic link to the listed farmhouse to the south-east of the site, and so was a designated heritage asset. As such there was a duty on the Council to have special regard to the desirability of preserving the building. It was also the case that great weight should be given to the asset’s conservation.  In response to a further question he did advise that a condition could be placed requiring detailing of foundations to be submitted.

It was moved by the Chairman and duly seconded that the recommendations in the report to grant permission subject to conditions, be agreed. Members discussed the merits of the application in the light of relevant policy.

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

To conserve the significance of the curtilage listed building as supported by The National Planning Policy Framework.

3)    The enhancements recommended within paragraph 4.3 - 4.6 of the Extended Phase I Habitat Survey, dated June 2011, must be incorporated in to the proposed development site.

To enhance biodiversity in the area as supported by the National Planning Policy Framework.

4)    Until development commences the site shall be maintained so as to discourage reptiles from inhabiting the site. This shall be done by regularly cutting back the vegetation that is found on the site.

To prevent reptiles from being affected by the proposed development as supported by the National Planning Policy Framework.

5)    The development shall achieve a Code for Sustainable homes minimum rating of level 3. Evidence shall be provided to the Local Authority -                                      
i) Prior to the commencement of development, of how it is intended the development will achieve a Code for Sustainable Homes Design Certificate minimum level 3 or alternative as agreed in writing by the Local Planning Authority; and
ii) Prior to the occupation of the development, that the development has achieved a Code for Sustainable Homes post construction certificate minimum level 3 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 by the National Planning Policy Framework and policy SP2 of the Sevenoaks District Core Strategy.

6)    Soft landscape works shall be carried out before first occupation of the oast.  The landscape works shall be carried out in accordance with the approved details.

To preserve the visual appearance of the area as supported by policy EN1 of the Sevenoaks District Local Plan.

7)    If within a period of five 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 preserve the visual appearance of the area as supported by policy EN1 of the Sevenoaks District Local Plan.

8)    No development shall be carried out on the land until a plan indicating the positions, design and materials of all means of enclosure to be retained and erected has been submitted to and approved in writing by the Council.

To preserve the visual appearance of the area as supported by policy EN1 of the Sevenoaks District Local Plan.

9)    The development hereby permitted shall be carried out in accordance with the following approved plans: 1980/1, 1980/2, 1980/3, 1105/1 P1, 1105/2 P1, 1105/3 P1, 1105/4 P1, 1105/5 P1, 1105/6 P1, 1113.02 Rev.02, 1113.03 Rev.02, 1113.04 Rev.02, 1113.05 Rev.02 and 1113.02 Rev.00.

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

Informatives

1)    There is suitable habitat present for breeding birds. All nesting birds and their young are legally protected under the Wildlife and countryside Act. Works impacting suitable breeding bird habitat must be carried out side of the breeding bird season (March to August inclusive). If that is not possible it is recommend that an ecologist examines the site prior to works starting and if breeding birds are recorded all works must cease in that area until all the young have fledged.

2)    Bats have been recorded within the surrounding area as a result the lighting must be designed to minimise impact on foraging and commuting bats. It is therefore advised that the Bat Conservation Trust's Bats and Lighting in the UK guidance is adhered to when designing any external lighting.

3)    The granting of planning permission confers no other permission or consent on the applicant. It is therefore important to advise the applicant that no works can be undertaken on a Public Right of Way without the express consent of the Highways Authority. In cases of doubt the applicant should be advised to contact the KCC Public Rights of Way Officer before commencing any works that may affect the Public Right of Way. It would also be advisable for the applicant to put up signs warning contractors that the track is used by pedestrians during the construction period.

4) Please be aware that this development is also the subject of a Legal Agreement under Section 106 of the Town and Country Planning Act 1990.

(Councillor Miss. Thornton left her position in the Chamber, took no part in the debate and did not vote.)