Decisions

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Decisions published

07/11/2024 - 24/01832/FUL - Field West Of Junction with Rays Hill, Eglantine Lane, Horton Kirby Kent DA4 9JL ref: 389    Recommendations Approved

Decision Maker: Development Management Committee

Made at meeting: 07/11/2024 - Development Management Committee

Decision published: 21/11/2024

Effective from: 07/11/2024

Decision:

The proposal sought Planning Permission for the relocation of Highway Access including associated Hard & Soft Landscaping.

 

The application had been referred to the committee by Cllr White as there were concerns that the position of the access and degree of hard surfacing would adversely affect the greenbelt.

 

Members attention was brought to the agenda papers and late observation sheet which imposed additional condition 12.

 

The committee was addressed by the following speakers:

 

Against the Application:

Laurence

 

For the Application:

Simon McKay

 

Parish Representatives:

Cllr Dave Hollands

 

Local Members:

Cllr Alan White

 

 

Questions of clarification were asked of the speakers and Officers with a focus on current site use and the impact of the proposal on the greenbelt and surrounding areas and the safety concerns.

 

It was clarified that there was a condition within the recommendation to make good the location of the previous access to be in keeping with the surroundings and confirmed that the fencing was outside the scope of the application.

 

The speaker clarified that access way was currently located on a straight road and there had only been a small number of minor incidents in recent years.

 

It was moved by the Chairman from the chair that the recommendations within the report and late observations, be agreed.

Members discussed the application giving consideration to the conditions for remedial works to the existing entrance and it was discussed that the proposed entrance would be less discrete. Concerns were raised regarding the necessity to move the entrance and possible obstructions in the proposed new access.

 

The motion was put 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) The development hereby permitted shall be carried out in accordance with the following approved plans and details: 2309074-01 A, and 2023-1339v3-LocBlock

 

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

 

3) No development shall be carried out on the land until full details of 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); -a schedule of new plants (noting species, size of stock at time of planting and proposed number/densities); and-a programme of implementation including any necessary protection measures during construction. Only the approved details shall be carried out in the planting season following the completion of the development hereby granted. 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) No development shall commence until a Biodiversity Gain Plan and Biodiversity Management and Monitoring Plan have been submitted to and agreed in writing by the Local Planning Authority. The Plans shall demonstrate a 10% net gain in biodiversity will occur within a 30-year period as a result of the development. The Biodiversity Management and Monitoring Plan shall include 30-year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports. Monitoring reports shall be submitted to the Council during years 2, 5, 10, 20 and 30 from commencement of development unless otherwise stated in the Biodiversity Management and Monitoring Plan, demonstrating how the Biodiversity Net Gain (BNG) is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed. The Biodiversity Management and Monitoring Plan shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

 

To ensure the development delivers a biodiversity net gain on site, in accordance with Schedule 7A (Biodiversity Gain in England) of the Town and Country Planning Act 1990 (as amended), and Schedule 14 of the Environment Act 2021

 

5) Within three months of commencement of the development hereby approved, photographic evidence of the installation of one or more durable birdboxes and the provision of one or more log piles as outlined in sections 4.11 through 4.13 of the Preliminary Ecological Appraisal (The Ecology Partnership, July 2024) associated with the planning application will be submitted to the Local Planning Authority for approval. The approved details shall be thereafter retained

 

To promote the recovery of priority species and deliver net gains for biodiversity in accordance with paragraph 185(b) of the National Planning Policy Framework.

 

6) The existing access shall be closed up within one month of the new access coming into operation.

 

To preserve highway safety in accordance with policy EN1 of the Allocations and Development Management Plan.

 

7) The visibility splays shown on drawing 2309074-01 A shall be provided in full prior to the first use of the access and maintained thereafter.

 

To maintain highway safety for all users in accordance with policy EN1 of the Allocations and Development Management Plan.

 

8) The proposed access shall include a bound surface for the first 10 metres from the edge of the highway and any proposed gates shall open inwards away from the highway and shall be set back a minimum of 10 metres from the edge of the carriageway.

 

To maintain highway safety for all users in accordance with policy EN1 of the Allocations and Development Management Plan.

 

9) Prior to first use of the access details of proposed measures to prevent the discharge of water onto the highway shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained thereafter.

 

To maintain highway safety for all users in accordance with policy EN1 of the Allocations and Development Management Plan.

 

10) No development including any works of demolition or preparation works prior to building operations shall take place on site until a Construction Management Plan has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period and shall include:(a) parking for vehicles of site personnel, operatives and visitors;(b) loading and unloading of plant and materials;(c) storage of plant and materials used in constructing the  outlined in section 4.8 of the PEA (The Ecology Partnership, July 2024); (e) Details of sensitive working measures for badgers, as outlined in section 4.9 of the PEA (The Ecology Partnership, July 2024).

 

To ensure the construction works do not impact protected species and wildlife in accordance with policy SP11 of the Core Strategy.

 

11) No excavations shall take place on the land unless the applicant, or their agents or successors in title, has first secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed, and items of interest and finds are recorded. 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.

 

To ensure that features of archaeological interest are properly examined and recorded.

 

12) No external storage shall occur on the land behind the existing access and within the land denoted by the red line boundary on drawing number 2023-1339v3-LocBlock.

 

To preserve the openness of the Green Belt and the character of the area in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 

Wards affected: Farningham, Horton Kirby & South Darenth;


 

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