Ma 13 0397 the White Cottage Flint Lane Lenham Maidstone Kent Me17 2En

Agenda Item 16 THE MAIDSTONE BOROUGH COUNCIL PLANNING APPLICATION NUMBER: MA/13/0397 GRID REF: TQ8953 THE WHITE COTTAGE, FLINT LANE, LENHAM.

Hilltop

The White Cottage

179.8m

174.7m

157.6m

N I

This copy has been produced specifically for Planning and Building Control Purposes only. No further copies may be made. Reproduced from the Ordance Survey mapping with the permission of the Controller Rob Jarman of Her Majesty's Stationary Office ©Crown Copyright. Unauthorised Head of Planning and Development reproduction infringes Crown Copyright and may lead to prosecution or " civil proceedings.The Maidstone Borough Council No. 100019636, 2013. Scale 1:2500 41

APPLICATION: MA/ 13/0397 Date: 7 March 2013 Received: 30 May 2013

APPLICANT: Mrs S Tamiz, Olympia Homes Ltd

LOCATION: THE WHITE COTTAGE, FLINT LANE, LENHAM, MAIDSTONE, KENT, ME17 2EN

PARISH: Lenham

PROPOSAL: Demolition of existing dwelli ng and outbuildings and removal of existing hardstanding areas and erection of detached replacement dwelling with separate garage building/workshop and staff flat as shown on drawing nos. 2633/PL001, PL002, PL003, PL004, PL005, PL006, PL007, PL008, PL009 and PL/0010, 1242/12/5 (landscape masterplan), 1241/12/6revA (proposed diversion of PROW KH384), 1242/12/7revA (detailed landscape planting plan) and 3D model views, Design Statement, Planning Statement, Sustainability Statement, Landscape and Visual Impact Assessment, Tree Survey and Reptile Survey received 08/03/2013 as amended by revised site location plan 2633/PL000 received 30/05/2013.

AGENDA DATE: 31st October 2013

CASE OFFICER: Steve Clarke

The recommendation for this application is being reported to Committee for decision because:

● It is contrary to views expressed by Lenham Parish Council

1. POLICIES

Maidstone Borough-Wide Local Plan 2000: ENV6, ENV26, ENV28, ENV33, ENV34, ENV49, H32, T13 Government Policy: NPPF 2012

2. HISTORY

2.1 Previous planning history is as follows

• MA/01/1716: Erection of replacement hay barn APPROVED 26/11/201 • MA/93/0579: Erection of tack room/store attached to existing stable block: APPROVED 09/07/2013

ZCRD Rev Mar 12

• MA/91/1612: Retrospective application for stable block for personal use: APPROVED 07/08/1992 • MA/90/1839: Change of use of land for the stationing of a caravan for use as office and store room: REFUSED 09/08/1991 • MA/85/0823: Stationing of caravan for use as office and storeroom (ancillary to smallholding) for temporary 5 year period: APPROVED 06/08/1985 • MA/84/0639: Erection of single-storey rear extension: APPROVED 20/06/1984

3. CONSULTATIONS

3.1 Lenham Parish Council: Wish to permission refused and the application reported to the Planning Committee.

‘The house/staff accommodation would be more visually intrusive contrary to Local Plan policy H32. The proposals would harm the AONB and fail to conserve the natural beauty of the landscape, contrary to policy ENV33 and to paragraph 115 of the NPPF.’

3.2 Natural England: Do not object ‘This application falls within Kent Downs Area of Outstanding Natural Beauty. Natural England has no comments to make on this proposal as we do not believe that this development is likely to impact on the purposes of designation.’

Natural England has referred the Council to its standing advice in respect of potential impact on European protected species and reptiles.

3.3 KCC Biodiversity: Do not object and have made the following comments:

‘The Reptile Survey report has been submitted in support of this application. Although an ecological scoping survey is reported as having been undertaken during 2010, that report has not been submitted and we are unable to verify the reported conclusions that potential for bats, reptiles and roman snails on the site was identified.

We advise that all ecological survey assessment reports in relation to this site are sought to ensure that we have all available information from which to provide advice. If the potential for bats has been identified we expect that a bat survey will be undertaken and the results provided to inform the determination of the application.

Comparison of the 2012 aerial photographs with the previous 2008 aerial photographs indicate that there has been some changes in the management of the site, such that an update survey may be necessary to verify that the 2010 scoping survey findings remain relevant.

We are satisfied that the Reptile Survey was undertaken to an appropriate standard. Slow-worms have been confirmed as present on the site and mitigation measures are proposed. Though no specific location for habitat enhancement has been identified, it

seems likely that an appropriate location within the wider site can be found that can function as a translocation area once suitably enhanced. We are therefore able to advise that sufficient information has been provided to show that the potential impacts to reptiles can be mitigated. A detailed mitigation strategy incorporating the measures in the report must be required as a condition of planning, if granted.

We are currently satisfied with the age of the reptile survey, but we advise that updates to this survey will be required to inform the mitigation strategy if the works do not commence by Spring 2014.

One of the principles of the National Planning Policy Framework is that “ opportunities to incorporate biodiversity in and around developments should be encouraged ”. The proposed landscaping shows a mix of native and non-native species and measures to manage the former quarry area which would provide an overall enhancement to the site.

The proposal also includes a green roof “ finished with meadow grass ” though the details of this are not included. We advise that specialist guidance should be sought to explore the possibility of creating a chalk grassland green roof that would be in keeping with the Kent Downs.

We advise that any lighting scheme proposed for the site must adhere to the Bats and Lighting in the UK guidance (see end of this note for a summary of key requirements) to ensure that the potential for impacts to bats is minimised.’

3.4 Kent Highway Services: No objections ‘This proposal will not be likely to lead to any significant intensification of traffic and therefore I do not wish to raise objection.’

3.5 KCC Public Rights of Way: No objections ‘I note that this development will directly affect Public Right of Way KH384. I further note there is plan attached to the application detailing a planned diversion of the path. As far as I can tell no formal application for a diversion has been made yet.

I have no objection to the application on the condition that the footpath diversion application is applied for and successfully completed before any construction on the current path line.

The existence of the right of way is a material consideration. The grant of planning consent does not entitle the developer to obstruct the Public Right of Way at any time without the express permission of the Highway Authority. The development, insofar as it affects the Public Right of Way, must not be started - until such time as the Order necessary for its diversion has been confirmed, and the new route provided. The successful making and confirmation of an Order should not be assumed.

Please inform the applicant of the following General Informatives:- No furniture may be erected on or across Public Rights of Way without the express consent of the Highway Authority:

There must be no disturbance of the surface of the right of way, or obstruction of its use, either during or following any approved development without the permission of this office. There should be no close board fencing or similar structure over 1.2 metres erected which will block out the views: No hedging or shrubs should be planted within 1.0 metre of the edge of the Public Path. No materials can be brought onto site or stored on the Right of Way .’

3.6 UK Power Networks: No objections

3.7 Southern Water: Make reference to the indication that a SuDS drainage system will be used and advise that procedures for its long-term maintenance will need to be put in place as SuDS systems are not adopted. Similar advice is given regarding the proposed reed-bed foul water disposal system.

3.8 MBC Environmental Health: No objections ‘The site is in a relatively quiet rural area therefore traffic noise is not a problem. The site is outside the Maidstone Town Air Quality Management Area and I do not consider the scale of this development and/or its site position warrant an air quality assessment. Any demolition or construction activities may have an impact on local residents and so the usual informatives should apply in this respect. The buildings to be demolished should be checked for the presence of asbestos and any found must only be removed by a licensed contractor.

There is no indication of land contamination based on information from the Maidstone Borough Council’s contaminated land database and historic maps databases. Whilst there is no indication from the latest British Geological Survey maps of any significant chance of high radon concentrations, I note that some of the residential units will be built into the natural slope of the site and that the applicant should be made aware through an informative about the option to test for radon gas.

The application form states that foul sewage will be dealt with by means of a reed bed, but I can find no further details provided in this respect amongst any of the documentation held in the MBC planning online system; so further information should be required as a condition of any planning permission granted.

Section 54 of the Clean Neighbourhoods and Environment Act 2005 requires the developer to produce a site waste management plan for any development which is over £300,000. The plan must be held on site and be freely available for view by the local Authority at any time.’

Conditions relating to drainage details and informatives governing hours of operation and conduct on site during construction were recommended along with an informative for testing for radon gas.

3.9 MBC Landscape Officer: No objections

‘The proposal is located in the AONB and, whilst there are significant trees, there are currently no Tree Preservation Orders covering the site.

The principles of the landscape and visual impact assessment are generally acceptable but I would add that no reference has been made to the local landscape character area assessment whereby the site is located in area 11, Lenham Scarp, of the 2012 published document. This identifies that the guidelines are to conserve the landscape, particularly in relation to the simple pattern and undeveloped character of the landscape, the narrow lanes and hedgerows. Clearly, being located within the AONB, reference also needs to be made to the current Kent Downs AONB Management Plan.

The tree survey produced by Tom La Dell is acceptable and, in considering what trees are on site, as opposed to the inaccurate base plan used, there is little arboricultural impact from the proposal. Although I would request an Arboricultural Method Statement if the proposed footpath diversion is likely to be surfaced within the RPA of retained trees.

Again, the landscape masterplan and detailed landscape planting plan are broadly acceptable, although I would question some of the details, for example Chinese Privet (Ligustrum lucidum) has been included within the proposed ‘native’ hedge and the areas of scrub designated for long term management do not consider the management of trees (despite the landscape masterplan indicating that these areas currently consist of a mixture of scrub and trees).

In summary, whilst I would raise no objection for arboricultural reasons or on grounds of landscape detail, I would wish to see further details provided in accordance with my comments above. Clearly, however, these minor issues can be dealt with by means of pre-commencement conditions if you are minded to grant consent.’

4. REPRESENTATIONS

4.1 One letter of representation from the owner of the property located some 120m+ to the north of the application site has been received. This did not raise objections to the application. • Concerns were raised that the ‘red-line’ of the application site included land outside the applicant’s ownership. Officer comment:- A revised plan was subsequently submitted excluding the land in question thus addressing these concerns. • The letter acknowledges from a study of the application documentation that the applicants are trying to keep adverse effects to a minimum, which is important due to the location in the Kent Downs AONB. • The indicated heights, if maintained, should ensure that the development is not visible from the writer’s house. • Trees and planting should also be maintained as indicated. • Once concern relates to the increased traffic during and after construction, along what is a narrow and steep lane and whether the access to the writer’s property will be affected as a result.

5. CONSIDERATIONS

5.1 Site Description

5.1.1 The site is located on the east side of Flint Lane, Lenham some 400m north of its junction with Pilgrims Way. It is situated on the scarp slope of the North Downs ridge within the designated Kent Downs Area of Outstanding Natural Beauty (AONB) and North Downs Special Landscape Area (SLA).

5.1.2 The land in the applicant’s ownership amounts to some 6.76ha and comprises the existing dwelling sited towards the front of the site approximately 5.5m from the highway, and extensive orchard and paddock areas to the north and south of the bungalow, along with a barn, former stables and a former (long disused) quarry all of which are to the south of the site access. The gated site access serving the site is located to the south of the bungalow and the access also currently forms part of the route of Public Footpath KH384 which runs eastwards to the north of the adjacent Marlow Farm.

5.1.3 The land within the application site generally falls steeply from north to south down the scarp slope of the North Downs ridge. The site of the proposed dwelling is located approximately 28m south east of the current dwelling and is to be constructed into an approximately 5m high hillside-bank (currently grassed) which rises towards the site’s eastern boundary.

5.1.4 There is an existing copse/stand of trees to the rear and north of the existing dwelling and around the disused former quarry to the south of the site of the proposed dwelling. There are also trees either side of the site access. The outer boundaries of the land in the applicant’s ownership are also well planted and screened.

5.2 Proposal

5.2.1 The application is a full application and seeks approval for the erection of a replacement dwelling and a separate detached garage/workshop/staff flat building.

5.2.2 As indicated above, the proposed dwelling would be located some 28m south east of the current bungalow. The dwelling is shown cut into the existing grassed slope and is shown set back approximately 30m from Flint Lane.

5.2.3 The dwelling has accommodation over two floors only at the western end of the site. The remaining areas of the house comprise a series of single-storey pavilions rising up the hillside.

5.2.4 The lower floor houses the entrance hall and two guest rooms and a shared bathroom and is at the level of the parking area and forecourt to the house. A canopy (with green roof) extends over the entrance from the main roof above. Access to the upper floor is via a circular staircase. The upper floor houses the remaining accommodation comprising 2 bedrooms (with en-suite facilities) and external patio areas (4 in total) either side of a central accommodation core which comprises one further bedroom, kitchen/family room, office, utility room, lounge, dining room with access to an internal courtyard and an internal pool/with gym) also with access to an external patio.

5.2.5 The upper floor level is approximately 3m above the lower floor at its western end and rises at its eastern end (cut into the bank) to a floor level some 4.5m above the lower entrance hall. The house is approximately 45m in length and at its widest some 30m in width and approximately 6.5m in height above ground level as it utilises the slope of the hillside.

5.2.6 The bedroom wings are roofed with a series of mono-pitch grassed roofs. The pool area has a v-shaped green roof with a central valley with the main accommodation core having a flat green roof. A small circular glazed room/’turret’ approximately 2.8m high is located on the roof at the western end of the house at the top of the circular staircase leading from the entrance hall.

5.2.7 Materials proposed provide for a ragstone plinth where the building ‘emerges’ from the hillside, the entrance canopy and chimney would also be ragstone faced. The walls would be rendered and as stated above the roofs would be grassed.

5.2.8 The staff flat garage/workshop building is located on the site of the existing bungalow. It comprises a workshop, 4 garages and a two-bedroom staff-flat. It is shown with a ragstone plinth, stock brick walls under a plain-clay tile roof. There is a glazed triangular dormer window providing light to the kitchen/dining living room facing south and three roof-lights. The building is approximately 22m long by 7m in depth and 6.5m to the ridge. The building would be located at 90º to Flint Lane some 10m from the edge of the highway.

5.2.9 The staff accommodation would be occupied by a housekeeper and a full-time grounds maintenance worker. The total area of land in the ownership of the applicant surrounding the dwelling, amounts to approximately 7ha and is used for grazing and also as a large orchard where some 600 fruit trees have been planted. There are also stands of trees and numerous trees and hedgerows around the site boundary as well as the former quarry area that will also need to be managed and maintained. Occupation of the flat would also assist in the overall security of the site. It is understood that the applicants have a suitable

couple in mind for the role and it is stated that there is no intention for the flat to be occupied as a separate dwelling and that an appropriate planning condition to this effect would be acceptable.

5.2.10 The existing stable buildings and barn and other areas of concrete hardstandings on the site as well as the existing dwelling would be demolished and removed. In footprint terms these are as follows:

Existing buildings (house and outbuildings) 821 sq m Areas of former outbuildings and hard standings 130 sq m Total 1,010 sq m

Proposed house 730 sq m Proposed garage/staff accommodation 161 sq m Total 891 sq m

5.2.11 The applicants have submitted a sustainability assessment indicating that the dwelling will be designed to achieve Code Level 5. A landscape masterplan and planting scheme for the area around the house and the frontage to Flint Lane has also been submitted.

5.3 Principle of Development

5.3.1 Whilst the site is located in the open countryside under policy H32 of the Maidstone Borough-wide Local Plan 2000 planning permission can be granted for replacement dwellings provided that certain criteria are met. These are as follows:

• The present dwelling has a lawful residential use: The present house is in lawful residential use.

• The present dwelling is not the result of a temporary planning permission: The present dwelling was not subject to a temporary permission.

• The new dwelling is no more visually intrusive than the original dwelling: The visual impact is assessed later in the report.

• The new dwelling is sited to preclude retention of the dwelling it is intended to replace or there is a condition or a planning obligation to ensure the demolition of the latter on occupation of the new dwelling: The proposed garage/workshop/staff-flat is located on the site of the existing dwelling, the demolition of which can be secured by means of an appropriate condition.

• The new dwelling has a safe access: The highway impact is addressed later in the report.

• The existing dwelling is not a listed building: The existing dwelling is not listed

• The proposal does not result in an unacceptable loss of amenity or privacy for adjoining residential properties: Residential amenity is addressed later in the report.

5.3.2 Subject to the remaining criteria (visual impact, residential amenity and highway impact) being satisfied, there are no objections to the principle of a replacement dwelling on this site. Due to the site’s location within the Kent Downs AONB, the visual impact of the development on the landscape character and quality of the area will be of particular importance.

5.3.3 In terms of the provision of the staff flat, Policy ENV28 of the Maidstone Wide Local Plan (2000) allows for the provision of such properties if there is a proven need for them. The applicant has submitted information relating to the management of the land associated with the building of the new dwelling, and to my mind, the scale of the building proposed is not excessive for the size of the plot. I therefore consider the principle of providing this form of accommodation within the site to be acceptable, and consistent with the Development Plan.

5.4 Visual Impact and Design

5.4.1 The key consideration in relation to this application is the impact of the development on the character and visual amenity of the area with particular emphasis on the site’s location within the AONB.

5.4.2 As stated earlier in the report, the existing dwelling is located immediately fronting Flint Lane some 5.5m back from the highway. The house is clearly visible from the road. Visibility is restricted to short distance views however, due to existing trees and hedges and also the alignment and narrowness of Flint Lane. The existing house can also be seen from the driveway which is the route of the existing PROW alignment.

5.4.3 In the wider context the existing dwelling is not visible due to the area’s topography and the existing trees and scrub on the site boundaries to the east and south and the existing vegetation and woodland on the west side of Flint Lane.

5.4.4 The proposed dwelling is located on a more open area of the current site some 28m south east of the garden of the current dwelling. As indicated earlier it is

partially cut into an existing bank and would be some 30m from the boundary with Flint Lane.

5.4.5 A detailed Landscape and Visual Impact assessment has been submitted in support of the application and takes into account medium and long distant viewpoints as well as in the immediate vicinity of the site in Flint Lane. I have considered the impact assessment and also reviewed its findings in my own assessment on site. I do however concur with the findings of the assessment.

5.4.6 The most distant potential viewpoints are from west of Platts Heath (3.7km away), Sandway Road in the vicinity of the bridge over High Speed One (2.3km away) and Fairbourne Lane (3.1km away) to the south and south west from where trees on the site’s southern boundary are visible in the distance on the horizon but not the site or the site of the proposed dwelling. The most prominent features on the skyline are the silo and buildings at Marlow Farm east of the site.

5.4.7 The impact has also been assessed from the Pilgrims Way north (0.4km from the site boundary) of the Marley complex, from the PROW that runs north up the scarp slope of the downs to the north of the Marley complex and the Pilgrims Way (0.3km due west of the site boundary). The trees around the site boundaries and on the western wooded slopes of Flint Lane are visible, but not the site.

5.4.8 From the junction of the Pilgrims Way and the lane that runs northwards from the A20 opposite Ham Lane to the south east of the site and lower down the scarp slope, PROW KH288B runs up the slope towards Marlow Farm. Views from this PROW show the site boundary trees and scrub but the existing dwelling and the proposed site of the new dwelling are not visible.

5.4.9 From the top of the escarpment in Flint Lane to the north of the site it is possible to see the site’s boundary trees but the existing property and the proposed site are not visible. Closer viewpoints from PROW KH288B as it crosses the farmland and the applicants’ orchard land to the east and north east of the site also show that the existing property and the proposed site for the new dwelling will not be visible.

5.4.10 I consider that the proposed dwelling is sited such that it would not result in harm to the character or appearance of the AONB or its setting. The proposed dwelling would not in my view be readily visible from Flint Lane and thus would not be more visually intrusive than the existing dwelling it would replace and would therefore meet the requirements of Policy H32 of the Borough-wide Local Plan 2000.

5.4.11 I have also considered the impact of the proposed garage/workshop/staff-flat building. This is located further from the highway than the current bungalow (approximately 10m) and would be sited ‘end-on’ to the highway. It is of a more traditional design than the main house and the proposed materials comprise stock brick, ragstone plinth and plain clay tiled and hipped roof. This building will be visible from Flint Lane but I do not consider that given that it would replace the existing dwelling which is parallel to the highway, it would result in a more visually intrusive form of development sufficient to warrant and sustain an objection to its design or siting.

5.4.12 In terms of the design of the main dwelling itself, I consider that it respects the context of the site and utilises the topography effectively. The design is a bespoke contemporary design yet uses ragstone as a strong plinth and base for the dwelling as it ‘emerges’ from the slope, render and a series of green roofs. I consider the design to be of a good quality. In addition as Members will have noted, the development will be constructed to achieve Code Level 5 and thus achieve a high level of sustainability in its design and energy efficiency.

5.4.13 No objections are therefore raised to the development in terms of visual impact or design.

5.5 Residential Amenity

5.5.1 The proposed development will have no impact on the amenities of the closest residential property ‘Hilltop’ located in excess of 120m north of the site boundary on higher ground with woodland and existing screening intervening. The site will also have no adverse on the amenities of Marlow Farmhouse some 350m to the east. The nearest dwelling to the south (The Dorman) is in excess of 400m from the site on the south side of the Pilgrims Way.

5.6 Highways

5.6.1 As Members will have noted, Kent Highway Services have raised no objections to the development in terms of its impact on the local highway network. There is an existing access onto Flint Lane which is to be retained. The scale of development will not result in traffic generation that is likely to be prejudicial to highway safety. Any impact from construction traffic will of course be limited to the construction period and not be long-term.

5.6.2 A suggested route for the diversion of the public right of way (KH384) has been included within the application. This will require a formal Order under s257 of the 1990 Act. The suggested route would see the footpath diverted across the applicant’s land to the north of the site of the dwelling and garage/workshop/staff-flat building beyond an existing copse of trees before

rejoining the current line closer to the eastern boundary of the applicant’s land ownership. The need for a diversion order and the provision of the new route prior to commencement of the development can be covered by an appropriate condition.

5.7 Landscaping and ecology

5.7.1 A landscape masterplan and planting plan has been submitted with the application. This provides for a new mixed species hedgerow to the Flint Lane frontage and for planting close to the proposed dwelling. The hedgerow planting comprises a mixture of hazel, hawthorn, holly, spindle, dog rose, buckthorn, dogwood. The comments of the Landscape Officer regarding the indicated use of Chinese Privet are noted and can be addressed in a suitable condition. A yew hedge is shown to be planted adjacent to the house linking an existing copse and the dwelling’s entrance and also framing the western side of the forecourt to the front (west) of the house. Close to the house, the indicated shrub planting is more exotic (for colour and scent) and includes lavender, rosemary, skimmia, cotoneaster, sweet box, philadelphus ‘Sibille’, choisya, osmanthus and rock rose.

5.7.2 The majority of trees within the site will not be affected by the development. Only two small existing trees (too small to be individually identified and included on the submitted tree survey details) in the location of the garage building are shown to be removed.

5.7.3 The former quarry area to the south of the proposed dwelling will be appropriately managed and the proposed management regime will improve its biodiversity potential. Refugia/log piles are to be provided from a proportion of the retained cordwood. The management scheme can be revised pursuant to a suitable condition to address the comments of the Landscape Officer.

5.7.4 The comments of the KCC Biodiversity team regarding the species and mix for the proposed green roofs are noted. A chalk downland mix and appropriate wildflower mix can be secured by condition. This will also enhance biodiversity potential.

5.7.5 I consider that subject to the Landscape Officer’s and the Biodiversity team’s comments being secured by means of an appropriate condition that the landscape proposals and the impact on ecology and biodiversity are acceptable and no objections are raised.

6. CONCLUSION

6.1 The proposed development site is located within the AONB in open countryside. It has therefore been rigorously assessed in terms of its potential visual impact.

The development is sited such that it would have no visual impact in long medium or short distance views and would not harm the character or setting of the AONB.

6.2 The design of the scheme is also considered to be of a good quality and one which respects and has appropriately considered its immediate context. It is a sustainable and energy efficient design that will achieve Code Level 5 of the Code for Sustainable Homes.

6.3 There are no highway objections to the proposals and subject to appropriate conditions seeking minor changes to the submitted landscaping scheme, the proposals will provide for appropriate landscaping and biodiversity enhancement.

6.4 I therefore recommend that permission be granted subject to appropriate conditions.

7. RECOMMENDATION

GRANT PLANNING PERMISSION 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;

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following approved plans: 2633/PL000 received 30/05/2013, 2633/PL001, PL002, PL003, PL004, PL005, PL006, PL007, PL008, PL009 and PL/0010, 1242/12/5 (landscape masterplan), 1241/12/6revA (proposed diversion of PROW KH384), 1242/12/7revA (detailed landscape planting plan) received 08/03/2013;

Reason: To ensure the quality of the development is maintained and to prevent harm to the residential amenity of neighbouring occupiers and the surrounding countryside.

3. The development hereby permitted shall be carried out strictly in accordance with the slab levels shown on the approved drawings;

Reason: In order to secure a satisfactory form of development having regard to the topography of the site.

4. The development shall not commence until, written details and samples of the materials to be used in the construction of the external surfaces of the buildings hereby permitted and the surfacing of footways and drive/access ways within the development have been submitted to and approved in writing by the Local Planning Authority and the development shall be constructed using the approved materials. The submitted materials shall include; i) The use of ragstone for the plinth of the main dwelling and the garage/workshop/staff accommodation building. ii) The use of ragstone for the feature entrance walls and chimney of the main dwelling. iii) the use of plain clay tiles for the roof of the garage/workshop/staff accommodation building.

Reason: To ensure a satisfactory appearance to the development.

5. The approved details of the parking/turning areas shall be completed before the commencement of the use of the land or buildings hereby permitted and shall thereafter be kept available for such use. No development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 and the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any order revoking and re- enacting that Order, with or without modification) or not, shall be carried out on the areas indicated or in such a position as to preclude vehicular access to them;

Reason: Development without adequate parking/turning provision is likely to lead to parking inconvenient to other road users and in the interests of road safety.

6. The dwelling shall achieve at least code 5 of the Code for Sustainable Homes. A final Code certificate shall be issued not later than one calendar year following first occupation of the dwelling certifying that level 5 has been achieved.

Reason: to ensure a sustainable and energy efficient form of development.

7. The development shall not commence untill an application has been made for an Order pursuant to s257 of the Town and Country Planning Act 1990 (as amended) for the diversion and reconstruction of Public Right of Way KH384.

Reason: In order to ensure that the public right of way is not adversely affected.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country

Planning (General Permitted Development) (Amendment) (England) Order 2008 and the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any order revoking and re- enacting that Order with or without modification) no development within Schedule 2, Part 1, Classes A, B, C, D, E and F and Part 2 Class A to that Order shall be carried out without the permission of the Local Planning Authority;

Reason: To safeguard the quality, integrity and setting of the development having regard to its bespoke design and siting within the Kent Downs Area of Outstanding Natural Beauty.

9. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason: To protect the amenities of existing and future residents.

10. The development shall not commence until a detailed designs for a surface water drainage and foul drainage scheme for the site have been submitted to and approved in writing by the local planning authority. The detailed drainage design should include details of how the scheme shall be maintained and managed after completion.

The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Reason: To prevent flooding both on and off site by ensuring the satisfactory storage and disposal of foul and surface water.

11. The development shall not commence until, details of all fencing, walling and other boundary treatments have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details before the first occupation of the buildings or land and maintained thereafter;

Reason: To ensure a satisfactory appearance to the development.

12. Notwithstanding the details shown on drawing no 1242/12/7revA the development shall not commence until a revised landscaping plan has been submitted that includes the following revised details;

i) Substitution of Ligustrum lucidum with Ligustrum vulgare ii) A revised long term management plan for the areas of scrub round the quarry that includes proposals for the management of the trees within these areas.

Reason: To ensure a satisfactory external appearance to the development.

13. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation;

Reason: To ensure a satisfactory setting and external appearance to the development.

14. All trees to be retained must be protected by barriers and/or ground protection in accordance with BS 5837 (2012) 'Trees in Relation to Design, Demolition and Construction-Recommendations' as shown on drawing no 1242/12/4 submitted as part of the tree survey. The approved barriers and/or ground protection shall be erected before any equipment, machinery or materials are brought onto the site and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed, nor fires lit, within any of the areas protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground levels changed, nor excavations made within these areas without the written consent of the Local Planning Authority;

Reason: To safeguard existing trees to be retained and to ensure a satisfactory setting and external appearance to the development.

15. The development shall not commence until details of the proposed planting for the green roofs have been submitted to and approved by the local planning authority. The submitted details shall provide for the use of a chalk downland grass and wildflower mixture and a management programme for its future maintenance. The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: To ensure a satisfactory appearance to the site and in the interests biodiversity.

16. The additional accommodation (shown as the 'staff flat') to the principal house hereby permitted shall remain as ancillary accommodation to the principal house and shall not be sub-divided, separated or altered in any way so as to create a separate, independent residential unit.

Reason: Its use as a separate dwelling would be contrary to the provisions of the development plan for the area within which the site is located.

17. If the proposed route of the diverted public right of way is to be constructed or surfaced within the Root Protection Areas of retained trees, no works shall be commenced on constructing or surfacing the path until an Arboricultural Method Statement in accordance with the requirements of BS5837:2012 'Trees in Relation to Design, Demolition and Construction-Recommendations' has been submitted to and approved by the local planning authority. The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: To safeguard existing trees to be retained and to ensure a satisfactory setting and external appearance to the development.

18. The development shall not commence until details of any lighting to be placed or erected within the site have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include, inter-alia, details of measures to shield and direct light from the light sources so as to prevent light pollution. The development shall thereafter be carried out in accordance with the subsequently approved details.

Reason: To prevent light pollution in the interests of the character and amenity of the area in general.

19. The development shall not commence until the following details have been submitted to and approved by the local planning authority utilising large scale drawings as appropriate: i) Details in the form of large scale drawings of the fenestration including the details of recesses/projections. ii) Details of rainwater goods iii) Details of the eaves.

The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: To ensure a satisfactory appearance and to maintain the quality of the development.

20. The development hereby permitted shall not be occupied until the buildings and areas of concrete hardstanding shown hatched red on the plan attached to the decision notice have been demolished/removed.

Reason: To ensure a satisfactory appearance to the site in the interests of the visual amenities of the area.

21. The development shall not commence until a detailed ecological mitigation strategy for reptiles in accordance with the recommendations of the reptile survey received 08/03/2013 (Calumma Ecological Services) has been submitted to and approved by the local planning authority. The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: In the interests of ecology and biodiversity.

Informatives set out below

Attention is drawn to Sections 60 and 61 of the Control of Pollution Act 1974 and to the Associated British Standard Code of practice BS5228:1997 for noise control on construction sites. Statutory requirements are laid down for control of noise during works of construction and demolition and you are advised to contact the Environmental Health Manager regarding noise control requirements.

Plant and machinery used for demolition and construction shall only be operated within the application site between 0800 hours and 1900 hours on Mondays to Fridays and between 0800 hours and 1300 hours on Saturdays and at no time on Sunday and Bank Holidays.

No vehicles in connection with the construction of the development hereby permitted may arrive, depart, be loaded or unloaded within the general site except between the hours of 0800 and 1900 Mondays to Fridays and 0800 and 1300 hours on Saturdays and at no time on Sundays or Bank Holidays.

Adequate and suitable provision in the form of water sprays should be used to reduce dust from demolition work.

Adequate and suitable measures should be carried out for the minimisation of asbestos fibres during demolition, so as to prevent airborne fibres from affecting workers carrying out the work, and nearby properties. Only contractors licensed by the Health and Safety Executive should be employed.

Any redundant materials removed from the site should be transported by a registered waste carrier and disposed of at an appropriate legal tipping site.

The developer may be required to produce a Site Waste Management Plan in accordance with Clean Neighbourhoods and Environment Act 2005 Section 54. As per the relevant act and the Site Waste Management Regulations 2008, this should be available for inspection by the Local Authority at any time prior to and during the development.

In respect of the Public Right of Way you are advised that: 1. No furniture may be erected on or across Public Rights of Way without the express consent of the Highway Authority: 2. There must be no disturbance of the surface of the right of way, or obstruction of its use, either during or following any approved development without the permission of this office. 3. There should be no close board fencing or similar structure over 1.2 metres erected which will block out the views: 4. No hedging or shrubs should be planted within 1.0 metre of the edge of the Public Path. 5. No materials can be brought onto site or stored on the Right of Way.

When designing any lighting scheme for the proposed development, the recommendations by the Bat Conservation Trust must be considered (where applicable) a) Low-pressure sodium lamps or high-pressure sodium must be used instead of mercury or metal halide lamps where glass glazing is preferred due to its UV filtration characteristics. b) Lighting must be directed to where it is needed and light spillage avoided. Hoods must be used on each light to direct the light and reduce spillage. c) The times during which the lighting is on must be limited to provide some dark periods. If the light is fitted with a timer this must be adjusted to the minimum to reduce the amount of 'lit time'. d) Lamps of greater than 2000 lumens (150 W) must not be used. e) Movement sensors must be used. They must be well installed and well aimed to reduce the amount of time a light is on each night. f) The light must be aimed to illuminate only the immediate area required by using as sharp a downward angle as possible. This lit area must avoid being directed at, or close to, any bats' 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. Avoid illuminating at a wider angle as this will be more disturbing to foraging and commuting bats as well as people and other wildlife. g) The lights on any upper levels must be directed downwards to avoid light spill and ecological impact. h) The lighting must not illuminate any bat bricks and boxes placed on the buildings or the trees in the grounds

The developer shall implement a scheme for the use of wheel cleaning, dust laying and road sweeping, to ensure that vehicles do not deposit mud and other materials on the public highway in the vicinity of the site or create a dust nuisance.

Note to Applicant:

In accordance with paragraphs 186 and 187 of the NPPF, Maidstone Borough Council (MBC) takes a positive and proactive approach to development proposals focused on solutions. MBC works with applicants/agents in a positive and proactive manner by:

Offering a pre-application advice and duty desk service.

Where possible, suggesting solutions to secure a successful outcome.

As appropriate, updating applicants/agents of any issues that may arise in the processing of their application.

In this instance:

The applicant/agent was advised of minor changes required to the application and these were agreed.

The applicant/agent was provided with formal pre-application advice.

The application was considered by the Planning Committee where the applicant/agent had the opportunity to speak to the committee and promote the application.

The proposed development, subject to the conditions stated, is considered to comply with the policies of the Development Plan (Maidstone Borough-Wide Local Plan 2000) and there are no overriding material considerations to indicate a refusal of planning consent.

62 63