Agenda item

17/02363/FUL - Warren Court Farm, Knockholt Road, Halstead, Kent TN14 7ER

Demolition of the existing buildings and hardstanding on-site and the erection of 29 No. dwellings comprising 6 No. two-bedroom, 15 No. three-bedroom, 6 No. four-bedroom, and 2 No. five-bedroom houses, hard and soft landscaping.

Minutes:

The proposal sought permission for the demolition of the existing buildings and hardstanding on-site and the erection of 29 No. dwellings comprising 6 No. two-bedroom, 15 No. three-bedroom, 6 No. four-bedroom, and 2 No. five-bedroom houses, hard and soft landscaping.  The application had been referred to Development Control Committee by Councillor Williamson to consider the impact of the bulk of the development on the Metropolitan Green Belt in accordance with policies EN1 and H1 of the Allocations and Development Management Plan (2015).

Members’ attention was brought to the main agenda papers and late observation sheet which amended recommended condition 18 within the report. Officers further amended recommendation A(a) for Officers only to make any reasonably necessary minor adjustments in order to facilitate the permission as granted.

 

The Committee was addressed by the following speakers:

 

Against the Application:  Mrs Sullivan

For the Application:        David Churchill (Agent)

Parish Representative:     Phil Draper (Town Councillor)

Local Member:                Cllr. Grint

 

Members asked questions of clarification from the speakers and officers.  

 

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

 

Members debated the application in full, particularly noting that the majority of the site had been allocated for housing in the ADMP. The rear of the site was not allocated and was in the Green Belt but was previously developed.

 

Resolved:  That

A: That planning permission be granted subject to:

a)       The conditions set out below, subject to the officers being authorised to make any reasonably necessary minor adjustments in order to facilitate the permission as granted.

b)       A satisfactory legal agreement made under section 106 of the Town and Country Planning Act 1990 (as amended) and any other appropriate legislation being completed no later than 19 January 2018 (PROVIDED THAT if officers are satisfied that the applicant has agreed in writing to the extension of the statutory period for determination, officers are authorised to agree to the extension of the time for completion of the legal agreement and the issue of the decision notice).

c)       The S106 legal agreement shall include the following requirements:

          i         Provision of on site affordable housing.

Conditions

1)       The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

2)       The development hereby permitted shall be carried out in accordance with the following approved plans: 16-2571-001/A; 002/M; 003/E; 004/E; 005/D; 006/C; 007/C; 008/C; 016/B; 017; 020/E; 022/B; 023/A; 024/B; 026/C; 027/C; 028/C; 030/A; 031/B; 034/E; 040; 041, JBA 16/241-03/B.

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

3)       No development shall be carried out on the land until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site have each been submitted to and approved, in writing, by the local planning authority:

a.  A preliminary risk assessment which has identified:-

i. all previous uses
ii. potential contaminants associated with those uses
iii. a conceptual model of the site indicating sources, pathways and receptors
iv. potentially unacceptable risks arising from contamination at the site.

b.  A site investigation scheme, based on (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

c.  The results of the site investigation and the detailed risk assessment referred to in (b) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

No development shall be carried out otherwise than in accordance with the approved details. 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 pollution prevention and to protect public health in accordance with policy SC1 of the Core Strategy and paragraphs 120 and 121 of the National Planning Policy Framework.

4)       No occupation of any of the residential units shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan and certificates for removed material and imported soils to demonstrate that the site remediation criteria have been met. No development shall take place other than in accordance with the approved details.

In the interests of pollution prevention and to protect public health in accordance with policy SC1 of the Core Strategy and paragraphs 120 and 121 of the National Planning Policy Framework.

5)       In the event that unexpected contamination is found at any time when carrying out the approved development it must be reported in writing to the local planning authority immediately.  An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared and approved in writing by the local planning authority. Development must accord with the approved details. Following completion of the remediation works, a verification report must be prepared by suitably qualified and accredited persons and submitted to the local planning authority for written approval.

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks in accordance with policy SC1 of the Core Strategy and paragraphs 120 and 121 of the National Planning Policy Framework.

6)       No development shall be carried out on the land until a detailed sustainable surface water drainage scheme for the site shall be submitted to and approved in writing by the local planning authority. The drainage scheme shall be based on the preliminary strategy prepared by MLM Ltd (July2017) and 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 100yr storm) can be accommodated and disposed of through infiltration features located within the curtilage of the site, unless otherwise agreed in writing by the local planning authority. No development shall take place other than in accordance with the approved details.  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 principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions in accordance with policy SP2 of the Core Strategy and the National Planning Policy Framework.

7)       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. Details shall include:

i) a timetable for its implementation; and
ii) 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.

No development shall take place other than in accordance with the approved details.

To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions in accordance with policy SP2 of the Core Strategy and the National Planning Policy Framework.

8)       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 policy SP2 of the Core Strategy and the National Planning Policy Framework.

9)       No development shall be carried out on the land until a demolition and construction environmental management plan (CEMP) for that Phase has been submitted to and approved in writing by the Local Planning Authority and thereafter implemented and maintained throughout the construction period in accordance with the approved CEMP.  The CEMP shall include:

a.  Details of the proposed working hours
b.  Details of locations of vehicle parking for site operatives and visitors
c.  Details of proposed wheel washing facilities located adjacent to the construction site access
d.  Details of an area for the storage of plant and materials
e. A site waste management plan
f. How the construction will comply with the sustainable use of soils on construction sites
g.  Details of a routing agreement for the site construction traffic and HGV traffic associated with the movement of bulk material to and from the site
h.  Details of means of suppressing dust during the construction process to include the regime for dust deposition measurement at the site boundaries;
i.  Details of the measures to mitigate the noise and vibration from construction
j.  Details of a surface water drainage scheme for the temporary drainage of the Site

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 highways safety and the amenities of the surrounding area during the construction phase, in accordance with policies EN1 and T1 of the Sevenoaks Allocations and Development Management Plan.

10)     No development shall be carried out on the land until full details of existing and proposed levels shall be submitted to and agreed in writing by the local planning authority. Proposed plans shall include a level (e.g. highway or footpath) adjacent to the site that will remain fixed/ unchanged and shall include levels adjoining the site. No development shall take place other than in accordance with the approved details. 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 proposals would not impact detrimentally on amenity in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

11)     No development shall be carried out on the land until a scheme to provide utilities connections to the dwellings hereby permitted to facilitate access to infrastructure that meets modern communication and technology needs, including broadband and where feasible Superfast Fibre Optic Broadband, high speed internet cabling and digital TV cabling shall be submitted to and approved in writing by the local planning authority. The agreed scheme shall be provided prior to first occupation of any of the residential units hereby approved. 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 secure the installation of infrastructure that meets modern communication and technology needs and to avoid the need for retrofitting in accordance with policy EN1 of the Allocations and Development Management Plan.

12)     No development shall be carried out on the land until a scheme of measures to minimise the risk of crime according to the principles and physical security requirements of Crime Prevention through Environmental Design (CPTED) shall be submitted to and approved in writing by the local planning authority. The measures so approved shall be implemented prior to the first occupation of any of the residential units hereby approved and shall be retained thereafter. 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 the creation of a safe and secure environment in accordance with policy EN1 of the Allocations and Development Management Plan.

13)     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 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 a satisfactory appearance to the development and to comply with policy SP1 of the Core Strategy and policy EN1 of the Allocations and Development Management Plan.

14)     No development shall be carried out on the land until full details of the internal roads, including footpaths, verges, junctions, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, driveway gradients, car parking and street furniture has been submitted to and approved in writing by the local planning authority. The details shall demonstrate compliance with Kent County Council Highways Authority adoption standards. The internal roads, pavements, off-street parking spaces (including for visitors) and turning areas shown on the hereby approved plan 16-2571/002/M shall be provided prior to first occupation of any dwelling and kept available for such use at all times and no development, whether permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 or not, shall be carried out on that area of land or to preclude vehicular access thereto. 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 the provision of adequate access and vehicle parking in accordance with policies EN1 and T2 of the Allocations and Development Management Plan.

15)     No development shall be carried out on the land until details for the bellmouth access and footway enhancement works shown on the hereby approved drawing 03.2/F, including provision of a continuous footway and dropped kerb pedestrian crossings has been submitted to and approved in writing by the local planning authority. The bellmouth access and footway enhancement works shall be completed in accordance with the details so approved prior to first commencement of development. 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 highway and pedestrian safety in accordance with policies EN1 and T1 of the Allocations and Development Management Plan.

16)     The visibility splays shown on the hereby approved drawing 16-2571/002/M shall be provided prior to first occupation of the development and retained and maintained thereafter.

In the interests of highway and pedestrian safety in accordance with policies EN1 and T1 of the Allocations and Development Management Plan.

17)     No development shall be carried out on the land until details for the installation of electric vehicle charging points showing their proposed locations, type and specifications have been submitted to and approved in writing by the local planning authority. The electric vehicle charging infrastructure shall be installed in accordance with the details so approved prior to the first occupation of any of the residential units and shall be retained and maintained for use at all times. 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 order to mitigate and adapt to climate change in accordance with policies EN1 and T3 of the Allocations and Development Management Plan.

18)     No development shall be carried out on the land until a landscaping scheme consistent with the hereby approved Landscape Masterplan (ref. JBA 16/241 - 03) has 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 (including details of appropriate tree protection measures for the existing trees and shrubs shown to be retained);
b)       soft plantings, including trees, grass and turf areas, shrub and herbaceous areas; their location, species (use of native species where possible), density and size;
c)       enclosures: including types, dimensions and treatments of walls and fences (to include details of retention and any necessary alterations to boundary treatments on the north and east side boundaries adjacent to Deerleap Stud Farm), pedestrian and vehicular gates, screen walls, barriers, rails, retaining walls and location, 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;
e)       any other landscaping feature(s) forming part of the scheme; and
f) a landscape management plan detailing how each of the landscaping areas will be maintained.

All landscaping in accordance with the approved scheme shall be completed / planted prior to the first occupation of any part of that phase. 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 ten 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. No development shall take place other than in accordance with the approved details and shall be maintained as such thereafter. 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 enhance the visual appearance and green infrastructure of the area as supported by policies EN1 and GI1 of the Allocations and Development Management Plan.

19)     No development shall be carried out on the land until an Arboricultural Method Statement (to include a schedule of pruning works) and a Tree Protection Plan (specifying necessary tree protection measures) in accordance with British Standard 5837:2012 (or later revision) has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the agreed details and no equipment, machinery or materials shall be brought onto the site for the purposes of the development until fencing has been erected in accordance with the Tree Protection Plan. Within any area fenced in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, nor shall any fires be lit, without the prior written consent of the local planning authority. The fencing shall be maintained in accordance with the approved details, until all equipment, machinery and surplus materials have been moved from the site. 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 protect the trees on site which are to be retained in the interests of the visual amenities of the locality in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

20)     No development shall be carried out on the land until full details of appropriate measures to enhance the biodiversity and nature conservation value of the site have been submitted to and approved in writing by the local planning authority. The details shall include, but not be limited to, provision of bat boxes, bird boxes and native planting and a timetable for implementation. No development shall take place other than in accordance with the approved details prior to the first occupation of the development. 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 order to enhance the biodiversity value of the site in accordance with policy SP11 of the Core Strategy and policies EN1 and GI1 of the Allocations and Development Management Plan.

21)     The development shall be carried out in full accordance with the precautionary mitigation recommendations set out in part 6 of the hereby approved Ecological Appraisal (by Aspect Ecology dated 15/12/2106).

In order to protect nature conservation in accordance with policy SP11 of the Core Strategy, policies EN1 and GI1 of the Allocations and Development Management Plan.

22)     No development shall be carried out on the land until a detailed method statement for the removal/eradication of all Japanese knotweed on the site has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved method statement. 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 prevent the further spread of Japanese knotweed and to comply with policies EN1 and GI1 Allocations and Development Management Plan.

23)     Details of any external lighting shall be submitted to and approved in writing by the local planning authority before the first occupation of the development. Details hall include details of fixtures and location, hours of operation and details of compliance with the Institute of Lighting Engineers guidance notes for the reduction of light pollution. Despite any development order, outside lighting shall only be provided in accordance with the approved details and no further external lighting shall be installed on the site without the prior written consent of the local planning authority.

In the interests of the visual amenity of the area and to ensure the creation of a safe and secure environment in accordance with policy EN1 of the Allocations and Development Management Plan.

24)     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting those Orders) no development falling within Classes A, B, C, D and E of Part 1 of Schedule 2 to the said Order shall be carried out to plots 9, 10, 11, 12 or 13 without the prior written approval of the local planning authority.

To prevent inappropriate development in the Green Belt and to safeguard the openness and visual amenity of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan and the National Planning Policy Framework.

25)     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting those Orders) no development falling within Classes B or C of Part 1 of Schedule 2 to the said Order shall be carried out to plots 1-8 (inc) or 23-29 (inc) without the prior written approval of the local planning authority.

In order to safeguard the residential amenities of existing and future occupiers of the development and surrounding properties in accordance with policy EN2 of the Allocations and Development Management Plan.

26)     The first floor level bathroom and stair windows in the rear (north) elevation of plot 1 shall be obscure glazed and fixed shut below 1.7m from finished floor level and shall be retained and maintained as such thereafter.

In order to safeguard the residential amenities of surrounding occupiers in accordance with policy EN2 of the Sevenoaks Allocations and Development Management Plan.

Informatives

1)       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.

2)       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).

 

B)  If the S106 legal agreement is not signed in accordance with recommendation A, then planning permission be refused on the following grounds.

1)       The proposal fails to secure appropriate provision for affordable housing contrary to policy SP3 of the Core Strategy (2011), the Affordable Housing SPD, National Planning Policy Framework and National Planning Practice Guidance.

 

Supporting documents:

 

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