Full planning application for 9no. 3-bedroom dwellings, parking and access from Croft Road; including the retention of the existing footpath connecting Croft Road and Croydon Road.

The application was for full planning permission for 9 no. 3 bedroom dwellings, parking and access from Croft Road; including the retention of the existing footpath connecting Croft Road and Croydon Road. The application was referred to the Committee as the land was owned by the District Council.

 

Members attention was brought to the main agenda papers and late observation sheet, which noted that the Council had exchanged on a condition contract with the developer and the developer had now signed and completed the S106 legal undertaking. The Council were now in a position to issue a formal decision. The late observation sheet also amended wording in paragraph 106 but did not amend the recommendation.

 

The Committee was addressed by the following speakers:

 

Against the Application:   Mr. Woodwood

For the Application:                  -

Parish Representative:     -

Local Member:                 Cllr. Maskell

 

The Chairman used his discretion and allowed Mr. Woodwood to address the Committee. Members asked questions of clarification from the speakers and Officers.

 

It was moved by the Chairman and duly seconded that the recommendations in the report be agreed.

 

Members discussed the issue of drainage and that although the site had been previously earmarked for housing development, whether the number of houses on the site gave the appearance of overdevelopment.

 

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 take place until details of all proposed engineering works including: - existing and proposed levels, including proposed slab levels, - the proposed extent of any cut and fill; and - existing and proposed site sections have been submitted to and approved in writing by the Council. The works shall be carried out in their entirety and in accordance with the approved details before the land is first brought into use for the development hereby permitted.

To safeguard the visual appearance of the area and the amenities of neighbouring occupiers as supported by policies SP1 of the Council's Core Strategy and policies EN1 and EN2 of the Allocations and Development Management Plan. 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.

3)     No development shall commence until a Construction Management Plan providing details of parking for construction operatives, parking, unloading and turning space for delivery vehicles, and wheel washing facilities have be submitted to and approved by the District Planning Authority. The approved statement shall be adhered to throughout the construction period.

In the interests of protecting the amenity of adjoining/nearby residential properties in particular and safeguarding the amenities of the surrounding area in general as supported by policy EN2 of the Allocations and Development Management Plan. 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.

4)     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 dwellings 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. 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)     Before any equipment, machinery or materials are brought on to the land for the purposes of the development, the means of protection for any retained tree as indicated on the Tree Protection Plan F589TPP shall be undertaken in accordance with the details set out in the BS5837 Tree Report (Site No.2 (North) dated June 2016. In this condition a "retained tree" means an existing tree which is to be retained in accordance with the plan referred to above. Also: A) The means of protection shall be maintained until all equipment, machinery and surplus materials have been removed from the land. B) Within a retained tree protected area, unless strictly in accordance with details set out in the report referred to above; -Levels shall not be raised or lowered in relation to the existing ground level;-No roots shall be cut, trenches cut, or soil removed;-No buildings, roads, or other engineering operations shall be constructed or carried out; -No fires shall be lit; -No vehicles shall be driven or parked over the area; -No materials or equipment shall be stored.

To prevent damage to the trees during the construction period and secure their retention afterwards as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan. 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)     Once development has begun to be carried out on the land no retained tree or hedging within the site as indicated on the approved Tree Protection Plan F589TPP as being retained shall be cut down, up-rooted, topped, lopped or destroyed, nor shall any hedge within the site be cut down or grubbed out, without the prior approval in writing of the Council.

To safeguard the character the area and the amenities of neighbouring occupiers as supported by EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan

7)     No development shall commence until a landscaping scheme for the site based on the indicative landscaping proposals illustrated on drawing JEC/424/01 have been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include the following details:

a)  trees and shrubs to be retained; b)  soft plantings, grass and turf areas, trees, shrub and herbaceous areas; their location, species (use of native species where possible) and size, to include enhancement of the eastern boundary adjacent to the flank of Propose Unit 9;c)  enclosures: including types, dimensions and treatments of walls, fences, pedestrian and vehicular gates, screen walls, barriers, rails, retaining walls and location, including details of acoustic protection to the northern boundary of the site and species and size of hedges; d)  hard landscaping: including ground surfaces, kerbs, edges, ridge and flexible pavings, unit paving, steps and if applicable synthetic surfaces; and e)  any other landscaping feature(s) forming part of the scheme.  f)  Incorporation of ecological enhancements as recommended in the Preliminary Ecological Appraisal and also the bat mitigation statement. All landscaping and ecological enhancements in accordance with the approved scheme shall be completed/planted during the first planting season following practical completion of the development hereby approved. The landscaping and tree planting shall have a two year maintenance / watering provision following planting and any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of completion of the development shall be replaced with the same species or an approved alternative to the satisfaction of the Local Planning Authority within the next planting season. The development shall be carried out strictly in accordance with the details so approved and shall be maintained as such thereafter.

To safeguard the visual appearance of the area, the amenities of neighbouring occupiers and the ecological interests of the site as supported by EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan and policy SP11 of the Council's Core Strategy. 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.

8)     This proposal could involve the importation of soil. Before any imported soil (the term 'soil' includes subsoil and any similar material) and / or any re-used soil is distributed or finally placed on the land, any such soil shall be certified by a 'competent person' to provide:

A) Confirmation as to the soil's origin;  B) Evidence that the source is of a homogenous nature and quality;(Both the above to be determined via sampling of the soil at source and as it is imported.)  C) The sampling to take place at appropriate intervals during the importation (minimum number of samples to be agreed per quantity imported);  D) A laboratory certificate shall be provided to demonstrate that the soil is not contaminated and is fit for the proposed end use. No part of the condition shall be discharged and no properties shall be occupied or first brought into use until the certification for the import of soil for the development or each phase of it, has been completed.  No dwelling shall be occupied until a certificate has been provided to the Council, by an appropriately qualified environment specialist, certifying that the development and the land is suitable for the permitted end use. The wording of the certificate shall be agreed in advance as part of the details required to be approved under (B) above.  For the purposes of this condition, an "appropriately qualified environment specialist" is a person who has a recognised qualification and / or appropriate experience in environmental chemistry and risk assessment.  This will be the person(s) who has designed and specified the remediation works, unless otherwise agreed in writing by the Council.

To ensure that risks from land contamination to the future users of the land and adjoining land are minimised as supported by policy SP1 of the Council's Core Strategy and policy EN2 of the Allocations and Development Management Plan. 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.

9)     The scheme of acoustic protection to each dwelling shall be provided in accordance with Noise Impact Assessment AC102513-1R0 dated October 2016 prior to occupation of that dwelling.

To ensure a satisfactory standard of accommodation for future occupiers of the properties as supported by policy EN2 of the Allocations and Development Management Plan.

10)      The garages, forecourt parking spaces and communal/visitor parking spaces shown on the approved Site Layout Plan no.: 051506:N-FER-02 A (Information Layout) shall be provided concurrently with the development and shall be kept available for such use at all times and no permanent development shall be carried out on the land so shown or in such a position as to preclude vehicular access to the garages and parking spaces.

To ensure permanent retention of vehicle parking for the properties as supported by policy EN1 of the Allocations and Development Management Plan.

11)      Prior to occupation of the development details of the size, design and materials of cycle stores for all dwellings and bin storage to the rear of the car port to units 8 and 9 shall be submitted to the District Planning Authority for approval in writing. The development shall be carried out in accordance with the approved details.

To ensure the provision satisfactory cycle and refuse stores as supported by policy EN1 of the Allocations and Development Management Plan.

12)      The development hereby permitted shall not be occupied until visibility splays have been provided in accordance with drawings 8090/303A (Visibility Splay). Thereafter the visibility plays shall be maintained free from obstruction at all times at a height not exceeding 0.6m above the level of the adjacent carriageway.

In the interests of road safety as supported by policy EN1 and T1 the Sevenoaks Allocations and Development Management Plan.

13)      No part of the development shall be occupied until all off-site highway works to be subject of agreement under s278 of the Highways Act have been completed. Such works to include the new pedestrian and vehicular access to the public highway and section of pedestrian footway to the eastern end of the site to provide a link between the new vehicular access and the existing public footway immediately to the east as indicated on drawing 051506:N-FER-02 B.

In the interests of highway safety and the convenience of occupiers of the site as supported by policy T1 of the Allocations and Development Management Plan.

14)      The sustainable urban drainage proposals set out in the Monson Drainage Strategy and Sustainable Drainage Maintenance and Management Plan shall be implemented prior to the occupation of the dwellings hereby approved.

To minimise the risk of flooding and ensure the satisfactory means of surface water disposal using sustainable drainage methods for the lifetime of the development in accordance with paragraph 99 of the National Planning Policy Framework.

15)      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development falling within Classes A, B, D or E of Part 1 of Schedule 2 or within Class A, Part 2 of Schedule 2 of the said Order shall be carried out to the dwellings hereby approved.

To protect the amenities of the occupiers of the site and neighbouring dwellings and to protect the landscaping of the site as supported by Government advice in the form of the National Planning Policy Framework policies EN1 and EN2 of the Council's Core Strategy.

16)      The first floor flank windows in the flank elevations of the semi-detached units (no.2-9 inclusive) shall be obscure glazed at all times.

To safeguard the privacy of residents as supported by policy EN2 of the Allocations and Development Management Plan.

17)      Details of the means of obscured screening to the full depth of the flanks of the rear balconies shall be submitted to the District Planning Authority for approval in writing. The approved means of screening shall be implemented in accordance with the approved details prior to occupation of the dwelling and maintained as approved thereafter.

To safeguard the privacy of neighbouring residents as supported by policy EN2 of the Allocations and Development Management Plan.

18)      There shall be no external illumination on the exterior of any building, or within the confines of the application site unless in accordance with details which have been submitted to and approved in writing by the Local Planning Authority giving the precise design including the method and intensity of illumination, including type of bulbs to be used, the angle of any light fitments and associated light spillage.

In the interests of the impact on protected species and residential amenity as supported by Government advice in the form of the National Planning Policy Framework, policy SP11 of the Council's Core Strategy and EN2 of the Allocations and Development Management Plan

19)      Prior to commencement of development a scheme to show the provision of electric vehicle charging points, including their proposed locations, type and specifications shall be submitted to and approved by the Local Planning Authority. The charging points shall be installed in accordance with the approved details prior to first occupation of the relevant phase of the development.

To ensure the sustainability of the site in accordance with policy T3 of the Allocations and Development Management Plan. 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.

20)      Due to the proximity of residential properties to the proposed site the site, working hours should be controlled to protect residential amenity. During the enabling, demolition and construction phase, the hours of working, including deliveries and collections to and from site, shall be restricted to: Monday to Friday 08:00 to 18:00;Saturday 08:00 to 13:00;No work on Sundays or Public Holidays.

In the interests of protecting the amenity of adjoining/nearby residential properties as supported by policy EN2 of the Allocations and Development Plan.

21)      For the avoidance of doubt the information to which this decision relates is as follows:051506:N-FER-01 B (Planning Layout), 051506:N-FER-01 B (coloured), 051506:N-FER-02 B, 051506:N-FER-03 051506:N-FER-E-E1, , 051506:N-FER-E-E2, 051506:N-FER-E-P1, 051506:N-FER-F-E1, 051506:N-FER-F-E2, 051506:N-FER-F-P1, 051506:N-FER-G-E1, 051506:N-FER-G-E2, 051506:N-FER-G-P1051506:N-FER-PER01, 051506:N-FER-PER02, 051506:N-FER-SS01, 051506:N-FER-SEC01051506:N-CP01-E1, 051506:N-CP01-P1, 051506:N-CP02-E1, 051506:N-CP02-P1, 051506:N-CP03-E1, 051506:N-CP03-P1JB15_11_FH1_B, F589TCP, F589TPP, 8090-300B, 8090-301B, 8090-302B, 8090-303A, JEC/424/01 (Landscape Proposals)Also:- Planning Statement and Design and Access Statement.-   KB Ecology Preliminary Ecological Appraisal dated July 2015, Bat Surveys 5th October 2015 and Bat Mitigation Strategy October 2016.-  Noise Impact Assessment AC102513-1R0 dated October 2016.-      Tree Ventures BS5837 Tree Report (Site No.2 (North) dated June 2016 (including Arboricultural Impact Assessment and Method Statement).- DHA Transport Assessment for Croft Road Westerham dated June 2016.- Landscape and Visual Assessment June 2016.- Southern Testing Desk Study and Site Assessment Report June 2016.- Monson Drainage Strategy and Sustainable Drainage Maintenance and Management Plan June 2016.

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

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.

Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called 'highway land'. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have 'highway rights' over the topsoil.

Information about how to clarify the highway boundary can be found at http://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land

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.

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.

2)     Thames Water recommend the following informative be attached to any planning permission: There is a Thames Water main crossing the development site which may/will need to be diverted at the Developer's cost, or necessitate amendments to the proposed development design so that the aforementioned main can be retained. Unrestricted access must be available at all times for maintenance and repair. Please contact

Thames Water Developer Services, Contact Centre on Telephone No: 0800 009 3921 for further information.

3)     The applicant is advised to have regard to the following Ecological advice:

Bats and Lighting in the UK

Bat Conservation Trust and Institution of Lighting Engineers

Summary of requirements

The two most important features of street and security lighting with respect to bats are:

1)    The UV component. Low or zero UV installations are preferred to reduce attraction of insects to lighting and therefore to reduce the attraction of foraging bats to these areas.

 

2)    Restriction of the area illuminated. Lighting must be shielded to maintain dark areas, particularly above lighting installations, and in many cases, land adjacent to the areas illuminated. The aim is to maintain dark commuting corridors for foraging and commuting bats. Bats avoid well lit areas, and these create barriers for flying bats between roosting and feeding areas.

UV characteristics:

Low

- Low pressure Sodium Lamps (SOX) emit a minimal UV component.

- High pressure Sodium Lamps (SON) emit a small UV component.

- White SON, though low in UV, emit more than regular SON.

High

- Metal Halide lamps emit more UV than SON lamps, but less than Mercury lamps

- Mercury lamps (MBF) emit a high UV component.

- Tungsten Halogen, if unfiltered, emit a high UV component

- Compact Fluorescent (CFL), if unfiltered, emit a high UV component.

Variable

- Light Emitting Diodes (LEDs) have a range of UV outputs. Variants are available with low or minimal UV output.

Glass glazing and UV filtering lenses are recommended to reduce UV output.

Street lighting

Low-pressure sodium or high-pressure sodium must be used instead of mercury or metal halide lamps. LEDs must be specified as low UV. Tungsten halogen and CFL sources must have appropriate UV filtering to reduce UV to low levels.

Lighting must be directed to where it is needed and light spillage avoided. Hoods must be used on each lamp to direct light and contain spillage. Light leakage into hedgerows and trees must be avoided.

If possible, the times during which the lighting is on overnight must be limited to provide some dark periods. If the light is fitted with a timer this must be adjusted to reduce the amount of 'lit time' and provide dark periods.

Security and domestic external lighting

The above recommendations concerning UV output and direction apply. In addition:

- Lighting should illuminate only ground floor areas - light should not leak upwards to illuminate first floor and higher levels;

- Lamps of greater than 2000 lumens (150 W) must not be used;

- Movement or similar sensors must be used - they must be carefully installed and aimed, to reduce the amount of time a light is on each night;

- Light must illuminate only the immediate area required, by using as sharp a downward angle as possible;

- Light must not be directed at or close to bat roost access points or flight paths from the roost - a shield or hood can be used to control or restrict the area to be lit;

- Wide angle illumination must be avoided as this will be more disturbing to foraging and commuting bats as well as people and other wildlife;

- Lighting must not illuminate any bat bricks and boxes placed on buildings, trees or other nearby locations.

4)   You are advised of the need to enter into an Agreement under Section 278 of the Highways Act 1980 with Kent County Council and for the approval of plans for the works to the highway before commencement of any works on the land. Please contact Kent Highways, West Kent Area Office, Block I, St. Michael's Close, Aylesford, Kent ME20 7TZ (Tel. 01622 605980).

The proposed development has been assessed and it is the Council's view that the CIL IS PAYABLE.  Full details will be set out in the CIL Liability Notice which will be issued with this decision or as soon as possible after the decision.