Demolition of existing vacant care home and redevelopment to provide a new care home (Use Class C2) with a total of 85 rooms; integrated communal and support facilities, landscaped residents gardens, staff areas, refuse storage, parking and associated infrastructure and services.

The proposal sought planning permission for demolition of an existing vacant care home and redevelopment to provide a new care home (Use Class C2) with a total of 85 rooms; integrated communal and support facilities, landscaped residents gardens, staff areas, refuse storage, parking and associated infrastructure and services.  The application had been referred to Development Control Committee as Councillor Layland had concerns over the potential impact that the development would have on pedestrian and highway safety along Mont St Aignan Way.

 

Members’ attention was brought to the main agenda papers and late observation sheet which amended the recommended conditions.

 

The Committee was addressed by the following speakers:

 

Against the Application:   -

For the Application:        David Churchill (Agent)

Parish Representative:     Clive Pearman (Town Councillor)

Local Member:                -

 

Members asked questions of clarification from the speakers and officers. Officers confirmed that the distance from the vehicle gate to the highway would be 15 metres and from the pedestrian gate to the pavement edge would be 3 metres. Officers also confirmed the pedestrian gate was indicated to open in to the site.

 

It was moved by the Chairman and duly seconded that the recommendations within the report as amended by the late observations, be agreed.

 

Members discussed the application, in particular noting that Mont St Aignan was a relief road but that there was extant planning permission for a similar entrance.

 

The Chairman moved an amendment to the motion, that an informative be added advising the applicant to liaise with the Kent County Council as Highways Authority regarding the provision of appropriate signage to alert vehicles on Mont St Aignan Way of elderly people crossing the road. The amendment was put to the vote and was agreed.

 

The amended motion was put to the vote and it was

 

Resolved: That That planning permission be granted subject to the applicant entering into a Section 106 obligation covering a highway contribution and 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 apart from demolition, site clearance and the creation of the access from Mont St. Aignon Way shall be carried out on the land until samples 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 local planning authority. The development shall be carried out using the approved materials. 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.

 

To ensure that the appearance of the development is in harmony with the existing character of the EN1 as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

3)   No development shall be carried out on the land until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority.  Those details shall include:-planting plans (identifying existing planting, plants to be retained and new planting),-written specifications (including cultivation and other operations associated with plant and grass establishment),-schedules of new plants (noting species, size of stock at time of planting and proposed number/densities where appropriate), and-a programme of implementation. 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.

To preserve the visual appearance of the area as supported by EN1 of the Sevenoaks Allocations and Development Management Plan.

4)   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 EN1 of the Sevenoaks Allocations and Development Management Plan.

5)   No development shall be carried out on the land until details of any outside lighting have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the first occupation of the building and thereafter maintained as such.

 

To safeguard the ecological interests of the local area as supported by EN1 of the Sevenoaks Allocations and Development Management Plan.

 

6)   No works shall be carried out within the application site until an Arboricultural Method Statement (AMS) has been submitted for approval, to include details of any works or operations in the vicinity of retained trees, detailing construction or installation methods to avoid damage to trees. The AMS should be in accordance with the recommendations of BS 5837:2012 and include a schedule of any proposed pruning works to retained trees.  Any recommendations proposed are to be implemented in full before any development takes place or as set out in the approved statement.

 

To prevent damage to the trees during the construction period building and parking areas as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

7)   Before the use or occupation of the development hereby permitted, the car parking and turning areas shown on the approved 16/0437_02 Rev B shall be provided and shall be kept available for the parking of cars at all times.

In the interest of highway safety.

8)   The building hereby permitted shall not be used or occupied until all roads, access-ways and footways within the application site serving the building have been laid out and surfaced to basecoat tarmacadam level or to such other standard suitable for the passage of vehicles or pedestrians as may be approved in writing by the local planning authority.

 

In the interest of highway safety.

9)   The development hereby permitted shall not be used or occupied until the visibility splays shown on the approved 16/0437_02 Rev B have been provided and anything which obstructs visibility at any height greater than 0.9m metres above the surface of the adjoining carriageway has been removed. Thereafter the visibility splays shall be maintained free from obstruction at all times.

In the interest of highway safety.

10) The development hereby permitted shall be carried out in accordance with the following approved plans: 16/0437_02 Rev B, 16/0437_013 Rev A, 16/0437_010 Rev A, 16 0437/22, 16/0437_07 Rev A, 16/0437_08 Rev A, 16/0437_35, 16/0437_36 Rev B, 16/0437_014 Rev A, 16 0437/20, 16/0437_05 Rev A, 16/0437_06 Rev A, 16/0437_012 Rev A, 16/0437_11 Rev A, 16 0437/23, 16 0437/21

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

11) In accordance with the approved plan, drawing number 16/0437_02 Rev B, the pedestrian access onto Manor House Gardens shall be permanently retained in order to cater for the needs of pedestrians accessing the site from the west.

In the interests of ensure accessibility to the site in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan

12)The pedestrian and vehicle access to the development, including the off-site highway works, being the pedestrian link footpath on both sides of Mont St Aignan Way shall be completed in accordance with the approved details indicated on approved Drawing 04 submitted and approved in pursuance of condition 5 (access plan) of appeal APP/G2245/A/14/2216820 relating to planning application 12/01665/FUL. The off-site highway works as approved shall be completed and brought into use in accordance with the approved plans before development commences.   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.

 

In the interests of pedestrian and highway safety.

13) The development hereby permitted shall incorporate measures to minimise the risk of crime. No development shall take place until details of such measures, according to the principles and physical security requirements of Crime Prevention through Environmental Design (CPTED) have been submitted to and approved in writing by the local planning authority. The approved measures shall be implemented before the development is occupied and thereafter retained.

In the interest of Security, Crime Prevention and Community Safety and in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

14)No development shall take place (including vegetation clearance) until the applicant, or their agents or successors in title, has secured the implementation of an ecological watching brief to be approved by the local planning authority so that the full details of the methodology to clear the vegetation and buildings on site is observed and no protected/notable species are harmed as a result of the works. The watching brief shall be in accordance with a written programme and specification which has been submitted to and approved by the local planning authority. The works must be carried out as detailed within the approved scheme.

 

To ensure that appropriate mitigation is provided for the ecological and biodiversity impacts of the development and to accord to policy SP11 of the Sevenoaks 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.

15) Prior to the occupation of the development hereby approved, an ecological enhancement plan detailing what enhancements will be incorporated in to the site shall be submitted to and approved by the local planning authority.  The development shall be carried out in accordance of the approved scheme.

In the interests of the biodiversity of the site.

16) Development shall not begin until a detailed sustainable surface water drainage scheme for the site has been submitted to (and approved in writing by) the local planning authority. The detailed drainage scheme shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of in the first instance within the curtilage of the site without increase to flood risk on or off-site. The drainage scheme shall also demonstrate that silt and pollutants resulting from the site use and construction can be adequately managed to ensure there is no pollution risk to receiving waters.

To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding. These details and accompanying calculations are required prior to the commencement of the development as they form an intrinsic part of the proposal, the approval of which cannot be disaggregated from the carrying out of the rest of the development.

17) No building hereby permitted shall be occupied until details of the implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include:
a) a timetable for its implementation, and
b) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage system throughout its lifetime.

To ensure that any measures to mitigate flood risk and protect water quality on/off the site are fully implemented and maintained (both during and after construction), as per the requirements of paragraph 103 of the NPPF and its associated Non-Statutory Technical Standards.

18) Where infiltration is to be used to manage the surface water from the development hereby permitted, it will only be allowed within those parts of the site where it has been demonstrated to the local planning authority's satisfaction that there is no resultant unacceptable risk to controlled waters and/or ground stability. The development shall only then be carried out in accordance with the approved details.

To protect vulnerable groundwater resources and ensure compliance with the National Planning Policy Framework.

19) No development shall take place until details of the: existing levels of the land; any proposed slab levels and any changes in levels have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

      To safeguard the visual appearance of the area as supported by EN1 of the Sevenoaks Allocations and Development Management Plan.

20)No demolition of existing buildings on site shall take place until the approved new vehicular access onto Mont St Aignan Way has been constructed to basecoat tarmacadam level or to such other standard suitable for the passage of vehicles or pedestrians as may be approved in writing by the local planning authority.

 

In the interest of highway safety.

21) No development shall take place including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved method statement shall be adhered to throughout the construction period. The Statement shall provide for:

i)   the parking of vehicles of site operatives and visitors;

ii)  loading and unloading of plant and materials;

iii) storage of plant and materials used in constructing the development;

iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

v)  wheel washing facilities;

vi) measures to control the emission of dust and dirt during construction.

To mitigate the impact during construction relating to highways safety and neighbouring amenities, in accordance with policies EN1, EN2 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.

22) Demolition or construction works shall not take place outside 0800 hours to 1800 hours Mondays to Fridays and 0800 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 EN2 of the Sevenoaks Allocations and Development Management Plan.

23) The development shall achieve a BREEAM minimum rating of "Very Good". 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 BREEAM Design Certificate minimum rating of "Very Good" 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 BREEAM Post Construction Certificate minimum rating of "Very Good" or alternative as agreed in writing by the local planning authority. The achievement of a BREEAM "Very Good" rating shall include at least a 10% reduction in total carbon emissions through the on-site installation and implementation of decentralised, renewable or low-carbon energy sources.

In the interests of environmental sustainability and reducing the risk of climate change as supported in Policy SP2 of the Sevenoaks 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.

24.  The care home hereby approved shall not be occupied until full details of the glazing to the stairwells on the west elevations of the building has been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the first occupation of the building and thereafter maintained as such.

 

To prevent inappropriate levels of luminescence throughout the night and any adverse impacts on neighbouring residential amenity.

Informatives

1)   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.

2)   The applicant is advised that a sundial was donated to the town from its twin town Mont St Aignan and it should be included in the garden of the new development.

3)   It appears that the proposal involves works that affect the highway and / or its verge. Before commencing such works, you must obtain the separate consent of the Highway Authority. Please contact Kent Highway Services, Network Operations on 01474 544068.

4)   The applicant is advised to liaise with Kent County Council Highways Authority in relation to provision of appropriate signage to alert vehicles to be aware of elderly people crossing the road.