Reason for urgency: on 28 May 2015 the Development Control Committee resolved that planning permission be granted subject to conditions and subject to the completion of a S106 Agreement making provision for affordable housing within 3 months of the date of the meeting, else permission was to be refused. This resolution is to expire on 28 August 2015 and so the decision must be taken at this meeting as it would have expired by the time of the next meeting. This report has only just been prepared in light of advice received from the Legal Services Team.

The proposal was an outline application for the demolition of existing buildings and construction of a mixed use development to include 14 flats and retail premises with some matters reserved.

The report advised that the application had previously been considered by the Committee on 28 May 2015 at which the Committee granted permission subject to the completion of a Section 106 agreement within three months, failing which planning permission was to be refused. Since that meeting Sevenoaks District Council had retained ownership of this site. Sevenoaks District Council as landowner could not enter into a legal agreement with itself and so planning permission could not be granted in accordance with the resolution of the Committee. It was therefore proposed to amend the recommendation to remove the requirement for a Section 106 agreement for the affordable housing and to add a condition for affordable housing to avoid the need for unnecessarily refusing consent whilst ensuring that the delivery of affordable housing could be secured in a legal agreement at a later date.

The application had been referred to Development Control Committee because the application site was owned by the Council.

Members asked questions of clarification from the officers.

It was moved by the Chairman and duly seconded that the recommendation in the agenda to grant planning permission be agreed. Members noted it was important to secure the affordable housing provision.

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

1)    Details relating to the scale, layout 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 District Planning Authority before any development is commenced.

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

2)    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.

3)    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.

4)    Prior to commencement of work on site, details shall be submitted to and be approved in writing by the Council to demonstrate provision of on site parking facilities for personnel and visitors and for the storage of materials and plant. Such provision shall be retained for the duration of the building works.  The scheme shall be carried out in accordance with the approved details.

In the interests of highways safety and the free flow of traffic on the adjacent highway. "The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted."

5)    Prior to commencement of work on site and for the duration of construction facilities shall be provided for wheel washing.  The details shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of works and the scheme shall be implemented in accordance with the approved scheme.

To avoid the deposit of mud and dirt on the adjacent highway. The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted.

6)    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 building 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 Allocations and Development Management Plan.

7)    Within 3 months of the commencement of development details shall be submitted to and be approved by the Local Planning Authority of a proposed hard and soft landscaping scheme providing details of materials, species, planting density, planting size and planting programme  of all new planting.  The scheme shall be implemented in accordance with the approved plans. Any plants that die, become diseased, are damaged or removed within 5 years of the occupation of the development shall be replaced with plants of a species, size and  in a location to be agreed with the Local Planning Authority.

To ensure a satisfactory appearance upon completion.

8)    Prior to the first occupation of the development, details shall be provided in writing to and be approved by the Local Planning Authority of the proposed bin stores.  The store shall be provided prior to the first occupation of the development.

To ensure a satisfactory environment upon completion.

9)    Prior to first occupation details shall be submitted to the Local Planning Authority in writing and be approved by them of the proposed cycle storage facility. The scheme shall be carried out in accordance with the approved plans prior to the first occupation of the scheme.

To ensure the satisfactory operation of the scheme upon completion.

10)  The development hereby permitted shall be carried out in accordance with the following approved plans in respect of the access only: 3867-PD-01RevB 

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

11)  Prior to the commencement of work on site and for the duration of construction, provision shall be made on site for the parking, loading/unloading and turning of construction vehicles.

In the interests of highways safety and the free flow of traffic on the adjacent highway.  The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted."

12)  Prior to the use of the site commencing the parking spaces shown on the approved plans shall be provided and permanently retained. The parking spaces should not be allocated to specific flats / retail units.

In the interests of highways safety and the free flow of traffic on the adjacent highway.

13)  Details submitted pursuant to condition 1 shall show a building with a ridge height no greater than the ridge height of 39 high Street, Swanley.

In order to ensure a building that is sympathetic to the scale of the surrounding streetscene in accordance with the provisions of the NPPF, policy SP1 of the Core Strategy and policy EN1 of the ADMP.

14)  The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in the National Planning Policy Framework or any future guidance that replaces it. The scheme shall include:

i.   the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 40% of housing units

ii.  the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing;

iii.the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RSL involved) ;

iv.the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

v.  the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

The Local Planning Authority is satisfied that it is fundamental to the development permitted to ensure the provision of affordable housing is met as supported by Policy SP3 of Sevenoaks District Councils Core Strategy and that without this safeguard it would result in a failure to meet this need.

Informatives

1)    It is the responsibility of the applicant to ensure, before the development hereby approved is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority. The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.

2)    It is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921.

3)    Thames Water will aim to provide customers with a minimum pressure of 10m head (approx. 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

4)    You are advised that a Party Wall Agreement will be required in connection with the works adjoining 37 High Street.