DEVELOPMENT CONTROL COMMITTEE 22 MAY 2008 LATE OBSERVATION SHEET Item No. 5.01 SE/07/03480/FUL Ducks Grove, Underriver House Road, Underriver, Sevenoaks, Kent Late observations were received from Mr Miles Hayward (The applicants husband). They are summarised as follows: 1. The tree advice is conflicting between the report commissioned by the applicant and Councils arborist. 2. More time was spent by the applicant‟s tree specialist, than the council‟s arborist on site. 3. Verbal discussions between the applicant and Council‟s arboriculture officer verbally stated that there would not be a problem if the store was moved away from the tree. 4. The arborist report was submitted after the determination date of 21st Feb. Therefore how can his comments be validated. 5. The paragraph stating „the property is developed with a converted barn close to Underriver House Road does not make sense. The site is accessed via a 150m long private road leading from Underriver House Road: 6. The house is not visible from Underriver House Road, the 2 protected trees are within 5 metres of each other and are not located close to Underriver House Road. 7. The proposal is incorrectly referred to as a garage / store. 8. It was mentioned to the planning officer(s) on numerous occasions that we intend to remove 2 sheds erected in 1989 to be considered under VSC. The combined floor space is greater than the garden store. 9. „Inadequate storage‟ should be considered as valid VSC. 10. Can clarification be given to the word „Harm‟ on page 6 of the report. Response to late observations Points 1 to 4 refer to the advice given on the protected tree. I have spoken with Council‟s Arboriculture Officer. He is aware of the comments put forward by the applicant in these late observations and does not wish to alter his advice. It is acknowledged that the site description contains an error where it refers to the property being close to Underriver House Road to the south. This should refer to a private access road to the south of the converted barn, which leads from Underriver House Road located approximately 150m to the west. The outbuilding has a double door at the front that could accommodate a vehicle with storage space to the side, therefore it was described as a garage / store. The introductory letter from Louise Hayward that was included within the original documentation states “we have no integral garaging or outside storage”. Therefore it was assumed that the structure might be used as a garage. If it is not being used as a garage then a description as a „store‟ only would suffice. The description is essentially academic because, if permission was granted, The Council would not be able to prevent use as a garage, store or any other use incidental to the to the enjoyment of the land. There is no reference to the house being visible from Underriver House Road within the report, however it is acknowledged that the previous error relating to the road from the south may give this impression. In order to clarify, the house is not visible from Underriver House Road. There is no reference to the protected trees being located at a distance that would conflict with Mr Hayward‟s assertion that the trees are located within 5 metres of each other. However, to clarify again, the trees are not close to Underriver House Road. In relation to point 8, it is not considered that the removal of existing small wooden sheds (which do not appear to benefit from planning permission) would constitute Very Special Circumstances to allow the proposal to go ahead, as the bulk and scale of the outbuilding proposed would be significantly larger than the existing outbuildings. The reasoning put forward by the applicant for consideration of the proposal under Very Special Circumstances, is outlined as a lack of adequate storage to house garden machinery and equipment, ladders and tools etc, in a safe and secure place. It is noted that the existing outbuilding already appears to provide such a space. In any case, it is not considered that inadequate storage space is a valid reason for allowing the proposal to be approved (this is covered in the report). In reference to point 11, this is already covered in the report. Lastly, the original application to convert the barn (SE/88/115) included an integral garage space which has since been converted to more living space (under permitted development rights). The applicant acquired the property in the knowledge that the dwelling had no garaging and local planning policies are clear in resisting applications to extend or erect outbuildings within the grounds of converted dwellings. This would have been made clear to the applicant if they had approached SDC before purchasing the property. Item 5.02 SE/07/03517/FUL The Badger, The Row, New Ash Green Comments from Cllr Clark “My fellow ward member, Cllr Bruce has been dealing with this case, but he has gone on holiday today. He didn‟t have a chance to tell me how he had left it. In my view, the report indicates that there are no sufficiently strong planning reasons for its refusal” Recommendation The Officer recommendation remains unchanged. Item 5.04 SE/08/00017/FUL 1 Underriver House Cottages, Underriver, Underriver House Road, Sevenoaks Amendment to the wording of condition 6 to – “The store hereby permitted shall only be used for agricultural purposes connected to the land as identified on the submitted site plan dated the 24th April, 2008.” The amended site plan is appended with these late observations. For Members information, the agricultural holding is outlined in red and the residential curtilage in blue on the submitted copy – the blue line encloses the smaller area of the two. Item 5.05 SE/08/00087/OUT– 20 St. Botolphs Road Sevenoaks The following additional plans are attached for clarification purposes Plan 1 section plan for proposed scheme Plan 2 site plan for proposed scheme Plan 3 site plan for existing approved scheme Recommendation That permission is granted with the following additional condition – 10) The development shall achieve a Code for Sustainable homes minimum rating of level 3. Evidence shall be provided to the Local Authority that: (i) Prior to the commencement of development, the development can achieve a Code for Sustainable Homes Design Certificate minimum level 3 or alternative as agreed in writing by the Local Planning Authority; and (ii) Prior to the occupation of the development, the development has achieved a Code for Sustainable Homes post construction certificate minimum level 3. Reason: In the interests of environmental sustainability and reducing the risk of climate change as supported in Planning Policy Statement 1, policy CC2 of the South East Regional Plan and Policy NR1 of the Kent and Medway Structure Plan 2005. Item 5.06 SE/08/00207/FUL 16 Bond Close, Knockholt Better copy of plan for consideration Item 5.10 SE/08/00529 – 4 Hillydeal Road, Otford The applicant‟s agent has submitted further information relating to the likely presence of bats in existing vegetation on site. The County Ecologist has confirmed that she is satisfied with this information, and does not raise objection to the scheme. For clarification purposes, I would advise that the last sentence in paragraph 4 of the main report was included in error and should be ignored. Recommendation I would recommend that, in light of the latest comments from the County Ecologist, the application should be approved, but with an amendment to condition 13 as follows – 13) The development shall achieve a Code for Sustainable homes minimum rating of level 3. Evidence shall be provided to the Local Authority that: (i) Prior to the commencement of development, the development can achieve a Code for Sustainable Homes Design Certificate minimum level 3 or alternative as agreed in writing by the Local Planning Authority; and (ii) Prior to the occupation of the development, the development has achieved a Code for Sustainable Homes post construction certificate minimum level 3. Reason: In the interests of environmental sustainability and reducing the risk of climate change as supported in Planning Policy Statement 1, policy CC2 of the South East Regional Plan and Policy NR1 of the Kent and Medway Structure Plan 2005. Item 5.11, SE/08/00530, TVG, 1 Wickhurst Road, Sevenoaks Weald This application has been referred to Committee by the local Members. As specified in paragraph 54 of the main report, the applicant has submitted an Arboricultural Method Statement to demonstrate that the development can be achieved without detriment to the health, vitality and vigour of trees to be retained. The Council‟s tree officer has considered this information and comments as follows – “The vegetation as shown on the plans is less dominant when actually viewed on site. The proposal to construct 2 new builds and protect and retain the shown trees is a tight fit, but I feel it can be accommodated as long as certain conditions are carried out and followed to the letter. The Management Plan for the protection of the trees needs to be followed as does the proposal to oversee the management plan by a competent Arboriculturalist. This is especially so at the key stages of construction. The proposal to possibly have fires on site needs to be removed. There is no room to have open fires due to the actual dimensions of the site and the tree protection areas. The proposal to hand dig outflows from the site will, even with hand digging, require the need to remove some of what is a hedgerow on the northern road side boundary.