Outline application for Erection of 5 x 4 Bedroom Terraced Houses and 2 x 3 Bedroom semi detached houses with associated access and parking on former Dairy Crest Milk depot & Devonia, residential dwelling site with some matters reserved

The proposal was for the erection of 5 x 4 Bedroom Terraced Houses and 2 x 3 Bedroom semi detached houses with associated access and parking on former Dairy Crest Milk depot and Devonia, residential dwelling site with some matters reserved.

 

The application was referred to the Committee by Cllr. Mrs. Davison on the grounds of design and dangerous access and by Cllr. Scholey on the grounds of inadequate parking, conflict between the site access and cars parked on Hillcrest Road, and the undesirable and unneighbourly impact on the position of the site access.

 

Members’ attention was brought to the main agenda papers and the late observation sheet which proposed an additional condition.

 

The Committee was addressed by the following speakers:

 

Against the Application:       -

For the Application:              James Cladwell

Parish Representative:         -

Local Member:                      Cllr. Scholey

 

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

 

It was noted that there was minimal lighting impact on the bungalow. Some Members expressed concern at there being unallocated parking and it was discussed whether additional conditions could be included to control this so that each property would have two spaces allocated. Members also discussed the access to the site and whether there would be a significant increase in vehicle users, and whether additional conditions could be added to ensure the proposed layout was adhered to. 

 

The motion was put to the vote and it was

 

Resolved: That planning permission be granted subject to the following conditions:

1)      Details relating to the scale and appearance of the proposed building(s) and the landscaping of the site (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development is commenced.

 

In Pursuance of section 92(2) of the Town and Country Planning Act 1990.

 

2)      The development to which this permission relates must be begun before:        

 - The expiration of three years from the date of this permission; or   -The expiration of two years from the final approval of the reserved matters whichever is the later.

 

In Pursuance of section 92(2) of the Town and Country Planning Act 1990.

 

3)      Application for approval of the reserved matters shall be made to the District Planning Authority before the expiration of three years from the date of this permission.

 

In Pursuance of section 92(2) of the Town and Country Planning Act 1990.

 

4)      The reserved matters shall incorporate an eaves height and ridge height for the proposed dwellings to be no higher than shown on the indicative elevation drawings submitted with this application (numbered 914:1010/PL105 and 914:1010/PL/204).

 

To protect the character and appearance of the locality, and the amenities of neighbouring properties, as supported by Policies EN1 of the Sevenoaks District Local Plan, SP1 of the Sevenoaks Core Strategy, and EN1 and EN2 of the emerging Sevenoaks Allocations and Development Management Plan.

 

5)      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 development hereby permitted have been submitted to and approved in writing by the Council. The development shall be carried out using the approved materials.

 

To protect the character and appearance of the locality,  as supported by Policies EN1 of the Sevenoaks District Local Plan, SP1 of the Sevenoaks Core Strategy, and EN1 of the emerging Sevenoaks Allocations and Development Management Plan

 

6)      Despite the provisions of any development order, no extension  shall be carried out to any dwelling hereby permitted.

 

To protect the amenities of existing neighbouring properties and future occupants of the development, in accordance with Policy EN1 of the Sevenoaks District Local Plan and Policy EN2 of the emerging Sevenoaks Allocations and Development Management Plan.

 

7)     Prior to the commencement of the development, a scheme of sound insulation and noise reduction for the development shall be submitted and approved in writing by the Local Planning Authority. The scheme shall be designed to conform to Table 4:Indoor Ambient Noise Levels For Dwellings, identified by BS 8233: 2014 - Guidance on sound insulation and noise reduction for Buildings,  so that LAmax, F during the period 2300 to 0700 shall not exceed 45dBA for each unit.  If mechanical acoustic ventilation needs to be provided, self- noise must not cause the internal noise levels to exceed the BS 8233 criteriaThe development shall be carried out in accordance with the approved details prior to the occupation of the dwellings and shall be retained thereafter.

 

In order to protect occupants of the proposed dwellings from undue noise disturbance, in accordance with Policies EN1 of the Sevenoaks District Local Plan and EN2 of the emerging Sevenoaks Allocations and Development Management Plan.

 

8)      Prior to the commencement of development, full details of the position and extent of acoustic fencing required shall be submitted to and approved in writing by the Local Planning Authority. The acoustic fencing shall be designed to meet a nominal density of 20Kg/m2. The development shall be carried out in accordance with the approved details.

 

In order to protect occupants of the proposed dwellings from undue noise disturbance, in accordance with Policies EN1 of the Sevenoaks District Local Plan and EN2 of the emerging Sevenoaks Allocations and Development Management Plan.

 

9)      No development shall commence until a contaminated land assessment in accordance with BS 10175:2011+A1:2013 "Investigation of potentially contaminated sites", has been submitted to and approved in writing by the Local Planning Authority. The details shall include a desk study detailing the history of the site uses, and proposals for a site investigation strategy based on the relevant information discovered by the desk study.  The strategy shall be approved by the local planning authority prior to investigations commencing on site (ref1).A remedial strategy, together with a timetable of works, shall then be submitted to the local planning authority for approval.  These must be in accordance with the CLEAea guidelines and methodology and shall include:

 

1)  The site investigation, including relevant soil, soil gas, surface and groundwater sampling, to be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology (ref 2).

2) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the local planning authority.  Prior to any remediation commencing on site, approval shall be obtained from the local planning authority of any such remedial works required.  The works shall be of such a nature so as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters.

3) Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance (ref 3).  If during any works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the local planning authority.

4) Upon completion of the works, this condition shall not be fully discharged until a closure report has been submitted to and approved by the local planning authority.  The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology.  This shall include photographic evidence.  Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report, together with the necessary documentation detailing what waste materials have been removed from the site and evidence of the final point of disposal of any contaminated material, i.e. waste transfer notes.  Further information on compliance with this condition can be obtained from environmental health services.Ref 1: contaminated land research report no. 2, 3 & 4 (doe)Ref 2 : contaminated land research report no. 1 (doe)Ref 3 : ciria vols 1-12 contaminated land series and ciria "building on derelict land"

 

To ensure the site is fit for residential use, in accordance with the National Planning Policy Framework.

 

10)    No infill material shall be imported onto the site, unless from a certified source to ensure that it is not contaminated in terms of its intended end use. No importation of material shall take place until the relevant certification documents have been submitted to and approved in writing by the local planning authority. Such material shall only consist of naturally occurring rocks, sub-soils and soils (including those containing <20% organic matter) and recycled construction and/or demolition materials (but excluding those containing bricks and concrete >70mm, metal, plasterboard, asbestos cement or other contaminated materials). No sludges or slurrys may be used. Analytical evidence shall be provided to verify that imported soils are suitable for the proposed end use. This will require characterisation of the source and target sites in accordance with BS ISO 15176:2002 and subsequent relevant soil analyses. The sampling protocols and soil guideline values to be used for assessment of suitability will be dependent on the source of the soil and the proposed use of the target site and this shall be agreed with the Local Planning Authority prior to any importation of material  on the site. As a minimum, for large volumes of homogenous natural soils for use in non-sensitive areas, such as commercial end uses, sampling frequency shall be at least one per thousand cubic metres (1:1000m3). Soils for use in sensitive areas, such as domestic gardens, and where imported soils are less homogenous, the sampling frequency shall be greater (i.e. up to one per hundred and fifty cubic metres (1:150m3)).  A closure report shall be submitted once remediation works have been completed. This shall include results of all sampling undertaken and certification of imported soils. This condition shall not be discharged until a closure report has been submitted to and approved by the Local Planning Authority. Ref 1. R&D publication clr8 (2002) 'potential contaminants for the assessment of land' (Defra and the Environment Agency) Ref 2. BS ISO 15176:2002 'soil quality - characterisation of excavated soil and other materials intended for re-use.'

 

To ensure the site is fit for residential use, in accordance with the National Planning Policy Framework.

 

11)    Before the use or occupation of the development hereby permitted, the car parking and turning areas shown on the approved site layout plan (drawing 914:1010/PL201 Revision A) shall be provided and shall be kept available for the parking of cars at all times. Each dwelling shall be allocated two parking spaces.

 

In the interest of highway safety as supported by Policy EN1 of the Sevenoaks District Local Plan and T2 of the Sevenoaks Allocations and Development Management Plan.

 

12)    No dwelling shall be occupied until the existing dropped kerb access points onto Main Road have been removed and made good.

 

In the interest of highway safety as supported by Policy EN1 of the Sevenoaks District Local Plan and T2 of the Sevenoaks Allocations and Development Management Plan.

 

13)    No development shall commence until a construction management plan specifying access and parking provision during construction and wheel washing facilities has been submitted to and approved in writing by the local planning authority. No heavy goods vehicles shall reverse into or out of the site unless under the supervision of a banksman. The development shall be undertaken in accordance with the approved details.

 

In the interest of highway safety as supported by Policy EN1 of the Sevenoaks District Local Plan and T2 of the Sevenoaks Allocations and Development Management Plan.

 

14)    The landscaping details required under the reserved matters shall incorporate 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 development shall be carried out in accordance with the approved details. 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 safeguard the visual appearance of the area as supported by Policy EN1 of the Sevenoaks District Local Plan, Policy SP1 of the Sevenoaks Core Strategy, and Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 

15)    Before development commences, details of foul and surface water drainage shall be submitted to and approved in writing by the Local Planning Authority, and no building hereby permitted shall be occupied until such drainage works have been implemented in accordance with the approved details. Before these details are submitted, an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, and the results of the assessment shall be provided as part of the drainage scheme to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:

i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

ii. include a timetable for its implementation; and

iii. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be carried out in accordance with the approved details.

 

To ensure the provision of an appropriate surface water drainage system, in accordance with Policy SP2 of the Sevenoaks Core Strategy.

 

16)    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 Policy SP2 of the Sevenoaks Core Strategy.

 

17)    Units 6 and 7 shall not be occupied until the bin collection point as shown on the approved plans has been provided for use. The area shall thereafter be retained for such purposes.

 

To provide suitable facilities for occupants of the development, in accordance with Policies EN1 of the Sevenoaks District Local Plan and EN2 of the Sevenoaks Allocations and Development Management Plan.

 

18)    No development shall be carried out on the land until the applicant, or their agents or successor in title, has secured the implementation of a programme of archaeological work in accordance with a written specification and timetable, which has been submitted to and approved in writing by the Council.

 

To investigate and record archaeological features as supported by Policy EN25A of the Sevenoaks District Local Plan.

 

19)    Before development commences, a scheme to reduce the height of the existing retaining walls on the southern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out before first occupation of any of the dwellings.

 

To ensure a satisfactory appearance to the development, in accordance with Policy EN1 of the Sevenoaks District Local Plan, SP1 of the Sevenoaks Core Strategy, and Policy EN1 of the emerging Sevenoaks Allocations and Development Management Plan.

 

20)    The layout of the development shall be as shown on the Ground floor and site layout revised (indicative) drawing numbered 914:1010/PL201 Revision A.

 

To accord with the terms of the application and to ensure a satisfactory appearance to the development, in accordance with Policy EN1 of the Sevenoaks District Local Plan, SP1 of the Sevenoaks Core Strategy, and Policy EN1 of the emerging Sevenoaks Allocations and Development Management Plan