(date: 17th se/02/01930 item 1.15 15. se/02/01930 dated as ... · se/02/01930 item 1.15 (date: 17th...
TRANSCRIPT
(Date: 17th
July 2003) SE/02/01930 Item 1.15
1
15. SE/02/01930 Dated as valid 3rd
September 2002.
APPLICANT: Wates Homes, Wates House, 34 Bell Street, Reigate, Surrey
RH2 7WA.
PROPOSAL: Erection of 5 no. four bedroom detached two-storey dwellings with
garages, and drainage works incorporating additional surface water
storage shaft and pumping facilities, as amended by letter and report
received 22.05.03.
LOCATION: Land north of The Dene, SEVENOAKS.
WARD: SEVENOAKS TOWN & ST.JOHNS
ITEM FOR DECISION:
This application is presented to Committee at the discretion of the Strategic Services Director
given the planning history and circumstances relating to the site.
RECOMMENDATION: That subject to the prior completion of a Section 106
Agreement relating to drainage infrastructure works the Strategic Services Director be
delegated to GRANT permission subject to the following conditions:
(1) The development hereby permitted shall be begun before the expiration of five years
from the date of this permission.
Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990.
(2) No development shall be carried out on the land until details of the materials to be
used in the construction of the external surfaces of the houses and garages hereby permitted
have been submitted to and approved in writing by the Council. The development shall be
carried out using the approved materials.
Reason: To ensure that the appearance of the development is in harmony with the
existing character of the area as supported by Policy EN1 of the Sevenoaks District
Local Plan.
(3) No building shall be occupied until full details of both hard and soft landscape works
have been submitted to and approved in writing by the Council. Those details shall include:
- planting plans (identifying existing planting, plants to be retained and new planting)
- written specifications (including cultivation and other operations associated with plant
and grass establishment)
- schedules of new plants (noting species, size or stock at time of planting and proposed
number/densities where appropriate
- hard Surfacing materials
- and a programme of hard and soft landscape implementation.
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
2
All hard and soft landscaping works shall be carried out in accordance with the approved
details and programme of implementation.
Reason: To safeguard the visual appearance of the area as supported by Policy EN1 of
the Sevenoaks District Local Plan.
(4) If within a period of 5 years from the completion of the development, any of the trees
or plants that form part of the approval details of soft landscaping die, are removed or
become seriously damaged or diseased they shall be replaced in the next planting season with
others of similar size and species.
Reason: To safeguard the visual appearance of the area as supported by Policy EN1 of
the Sevenoaks District Local Plan.
(5) No building shall be occupied until:
a) A plan indicating the positions, design and materials of all means of enclosure
to be retained and/or erected has been submitted to and approved in writing by
the Council; and
b) All means of enclosure have been erected in accordance with the approved
plan.
Reason: To safeguard the visual appearance of the area as supported by Policy EN1 of
the Sevenoaks District Local Plan and to avoid any additional risk of flooding.
(6) Prior to the commencement of any works and before any equipment, machinery or
materials are brought on to the land for the purposes of the development, the means of
protection for any retained tree shall be undertaken in accordance with the details submitted
to and approved in writing by the Council under condition 3 above. In this condition a
“retained tree” means an existing tree which is to be retained in accordance with the plan
referred to in condition 3 above. Also
A) The means of protection shall be maintained until all equipment, machinery and
surplus materials have been removed from the land.
B) Within a retained tree protected area:
- Levels shall not be raised or lowered in relation to the existing grind level
unless approved under Condition 3;
- No roots shall be cut, trenches cut, or soil removed unless approved under
Condition 3;
- No buildings, roads or other engineering operations shall be constructed or
carried out unless approved under Condition 3;
- No fires shall be lit;
- No vehicles shall be driven or parked over the area;
- No materials or equipment shall be stored.
Reason: To prevent damage to the trees during the construction period and secure
their retention afterwards as supported by Policy EN12B of the Sevenoaks District
Local Plan.
(7) The garages and parking spaces shown on the approved plans shall be provided and
kept available for use at all times and no permanent development shall be carried out on the
land so shown or in such a position as to preclude vehicular access to the parking facilities.
Reason: To ensure a permanent retention of vehicle parking for the dwellings as
supported by Policy VP1 of the Sevenoaks District Local Plan.
(Date: 17th
July 2003) SE/02/01930 Item 1.15
3
(8) The dwellings hereby permitted shall not be used or occupied until all roads,
accessways and footways serving the development have been laid out and surfaced to
basecoat tarmacadam level or to such other standard suitable for the passage of vehicles as
may be approved in writing by the Council.
Reason: In the interests of road safety and convenient access.
(9) No extension shall be carried out to the dwellings/garages hereby approved, and no
buildings or enclosures other than those shown on the approved plans shall be erected within
the site, despite the provisions of any Development Order.
Reason: To ensure that the development of the site and other land do not suffer an
unacceptable or increased risk of flooding and/or pollution as supported by Policy
NR2 of the Sevenoaks District Local Plan.
(10) No development shall take place until details of:
- existing levels of the land;
- any proposed slab levels and any changes in levels
have been submitted for approval. The development shall be carrried out in accordance with
the approved details.
Reason: To ensure that the Council is satisfied as to the details of the proposals and to
ensure that the development of the site and other land do not suffer an unacceptable or
increased risk of flooding and/or pollution and to ensure that sustainability and
environmental objectives are met as supported by Policy NR2 of the Sevenoaks
District Local Plan.
(11) No boundary walls, fences or other means of enclosure including replacement walls
and/or fences shall be erected on the site boundary, despite the provisions of any
Development Order other than those approved pursuant to Condition 5.
Reason: To ensure that the development of the site and other land do not suffer
an unacceptable or increased risk of flooding and/or pollution and to ensure that
sustainability and environmental objectives are met as supported by Policy NR2 of the
Sevenoaks District Local Plan.
(12) No development shall take place so as to preclude access to an maintenance of the
new soakaway, adit , storage tank, pumping station and rising main.
Reason: To ensure that the development of the site and other land do not suffer an
unacceptable or increased risk of flooding and/or pollution and to ensure that
sustainability and environmental objectives are met as supported by Policy NR2 of the
Sevenoaks District Local Plan.
(13) No development shall take place until the drainage infrastructure works hereby
granted and detailed under the Section 106 Agreement, hereby entered into, have been
implemented. Unless comprising such works themselves.
Reason: In the interests of the proper planning of the area, and to ensure that the
development of the site and other land do not suffer an unacceptable or increased risk
of flooding and/or pollution and to ensure that sustainability and environmental
objectives are met as supported by Policy NR2 of the Sevenoaks District Local Plan.
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
4
(14) The footpath between The Dene and Valley Drive shall be retained as such, and no
development shall take place to preclude access to this footpath. Prior to the commencement
of development the developer shall provide details of the surfacing of this footpath and the
development shall be implemented and completed in accordance with the approved details.
Reason: In the interests of the amenities of the area and pedestrian circulation.
(15) No development shall commence on site until details of the following have been
confirmed and agreed.
A) Investigations have taken place to establish the existence of soil contamination and
any other potential contamination and / or landfill gas;
B) The investigation methodology together with any proposed remedial measures have
been submitted to and approved in writing by the District Planning Authority.
C) Details of the top soil verification methodology and frequency have been submitted as
part of the remediation statement.
D) Remedial measures have been implemented and completed,
Unless otherwise agreed by the Council in writing in accordance with details submitted and
agreed in writing pursuant to this condition.
No part of the condition shall be discharged and no properties shall be occupied or first
brought into use until all investigations and remedial works have been implemented and
completed so that:
The risk of harm to all forms of potential receptors have been reduced to normal
acceptable levels,
A completion report has been received and approved,
A remediation and completion certificate has been produced by a competent person.
No development shall commence unless a certificate has been provided to the Council, by an
appropriately qualified environment specialist, certifying that the development and the land is
suitable for the permitted end use. This shall also apply to any alternative timetable agreed
under part (D) above. The wording of the certificate shall be agreed in advance as part of the
details required to be approved under (B) above.
For the purposes of this condition, an “appropriately qualified environment specialist” is a
person who has a recognised qualification and / or appropriate experience in environmental
chemistry and risk assessment. This will be the person(s) who have designed and specified
the remediation works, unless otherwise agreed in writing by the Council.
Reason: In the interests of pollution prevention and safety.
1.0 DEVELOPMENT PLAN
1.1 Kent Structure Plan. Policies: S6 (Strategy), H3 (Housing), ENV15, ENV16
(Environment).
1.2 Sevenoaks District Local Plan. Policies: SD1 (Sustainable Development), EN1
(Environment), NR1, NR2 (Natural Resources), H5 (Housing).
(Date: 17th
July 2003) SE/02/01930 Item 1.15
5
2.0 OTHER MATERIAL CONSIDERATIONS
Planning History
2.1 SW/2/71/00 Phase 2 development, erection of nine houses and garages. Refused
due to flooding 9.4.73.
2.2 SE/75/1481 44 houses and garages on land now comprising The Dene. Allowed on
appeal (excludes the present application site).
2.3 SE/76/16 Use of land for the storage of surplus earth spoils (temporary period
three years). Refused September 1979. Reasons: Visual amenity, risk
of breakage of underground pipes and increased risk of flooding
adjacent land.
2.4 310/70/111 Enforcement Notice served 24.10.79 to cease use of land for depositing
waste materials and to remove all waste materials deposited thereon
within nine months.
2.5 SE/82/217 Application for use of land for retention of spoil for three year period.
Refused – risk serious increase for flooding – detrimental to visual
amenity.
2.6 SE/84/752 Erection of nine houses and garages. Refused – flooding and road
safety.
2.7 SE/88/333 Erection of two four bedroom detached houses. Refused – flooding.
Appeal withdrawn.
2.8 SE/89/1557 Erection of seven four bedroom detached houses and garages.
Withdrawn.
2.9 SE/92/0311 Residential development of seven two-storey houses with garages and
extension to existing carriageway. Refused 24.6.92.
2.10 SE/92/1293 Residential development of two-storey houses with garages, minor
extension to existing carriageway. Appeal against non determination
dismissed 21.7.93 on flooding grounds.
2.11 SE/94/0698 Erection of six detached houses with associated garages and extension
to existing carriageway. Members resolved to grant, subject to legal
agreement including flood control in December 1994. Withdrawn
6.6.97.
2.12 SE/96/1200 Erection of driveway and six detached houses and garages. Members
resolved to grant, subject to a legal agreement concerning flood
control/drainage in April 1997. Withdrawn 9.12.97.
2.13 SE/97/2146 Erection of 6 detached houses and associated garages, together with
associated drainage works. Granted 16.6.98 subject to S106
Agreement.
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
6
2.14 SE/00/00060 Details of landscaping, boundary treatment and slab levels pursuant to
SE/97/2146. Approved
2.15 SE/00/00179 Details of contamination remedial works pursuant to SE/97/2146.
Approved.
2.16 SE/01/01256 Erection of 6 detached houses with associated garages. Withdrawn.
2.17 SE/02/00052 Erection of 5 detached houses with associated garages. Non-
determination appeal. Withdrawn.
Consultations
Sevenoaks Town Council
2.18 “Recommends refusal unless Sevenoaks District Council Officers are convinced that
the proposals relating to drainage will solve flooding problems for both the existing
and the new houses in The Dene. The natural drainage problems in the area are
serious.”
Environment Agency
2.19 No objections. (Correspondence attached).
Thames Water
2.20 No objections. Subject to applicants entering into adoption agreement.
Network Rail
2.21 No objections.
Highway Officer
2.22 “My comments are confined to the highway layout; the drainage matters are
addressed by the Drainage Engineer.
2.23 The development requires a minor extension to the adopted road to provide a footway
around the turning head as it enters the site. This should be covered by informative
INHI01. The shared private drive to serve the five dwellings would remain in private
ownership. I have only one relatively minor observation on the geometric layout
which relates to Plot 4 in that the location of the proposed garage would result in a
long reversing manoeuvre. It would be preferable to reorientate the garage to provide
on-site turning and I so recommend. Otherwise I recommend conditions HI06 garage
and vehicle parking spaces). HI14 and INHI01.”
Principal Drainage Engineer
2.24 Recommends grant of permission subject to S106 Agreement. (Memo attached).
(Date: 17th
July 2003) SE/02/01930 Item 1.15
7
Consultant Engineer
2.25 Conclusions of Assessment Report attached.
Representations
Local Residents
2.26 One letter of objection – measures proposed will not be sufficient to prevent flooding
at the bottom of road. Audit previously constructed failed. Global warming has
increased temperatures and resulted in heavier rainfall. The Government has imposed
stricter controls on development in flood plains. If permission is granted the Council
should monitor compliance with approved plans.
2.27 One letter stressing need to find permanent solution and removal of eyesore of halted
development site. Situation can only be tested with live situation once any works
complete. Developer appears to have gone half way to solving problem. If permission
not granted what other options are there. Residents have endured enough.
2.28 One letter raising concerns over future maintenance and drawing attention to previous
instances of flooding and problems.
2.29 One letter in favour of the development, if following conditions are met:
(i) the net effect of the 5 new houses with the additional storage shaft and
pumping station reduces the likelihood of surface flooding at the northern end
of The Dene, compared with the undeveloped situation today.
(ii) That condition (i) is substantially the conclusion/opinion of your financial
advisers, either internal or external.
Applicants Advisers
2.30 Extract from latest submission report attached as Appendix A.
3.0 STRATEGIC SERVICES DIRECTOR’S APPRAISAL:
Description of Site
3.1 The site comprises a triangular piece of land approximately 0.36 ha in extent situated
at the northern end of The Dene cul-de-sac. A single horse chestnut tree on the
western boundary is subject to a preservation order.
3.2 Construction work commenced and subsequently ceased sometime ago after the
Council resolved to take formal enforcement action if development proceeded beyond
slab level. As a result the land now has an untidy appearance of an abortive
development site, with security/temporary fencing.
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
8
Description of Proposal
3.3 The revised proposals for development comprise a scheme of 5 four bedroom
detached houses each of which would have either an attached or detached double
garage. The layout of the development is basically as before but with the deletion of
one dwelling (south-western part) in order to accommodate an additional below
ground storm weather storage tank.
3.4 The revised drainage infrastructure works are detailed in the Principal Engineers and
Consultants comments.
Determining Issues
3.5 The application site lies within the built confines of Sevenoaks and there are no land
use policy objections to development. The Council has previously accepted
development on the site by six dwellings and raised no objections in terms of either
highway, tree or residential issues.
3.6 The current scheme notwithstanding deletion of one dwelling raises no new issues in
regard to these matters or indeed any new issues. The single issue to be addressed
relates to the drainage/flooding implications having regard to the Council’s previous
decision to grant permission, the set drainage objectives and additional information
now known.
3.7 Since the time that the works on site ceased considerable discussions have taken place
between the applicants representatives and Council Officers and advisers. These
discussions have sought to address many issues but principally, the physical
conditions of the site which lead to it not being feasible to implement the approved
works as originally intended, the criteria against which any revised proposals should
be assessed, and most recently the alternative form of drainage infrastructure.
3.8 The Council’s Principal Engineer and Consultant Adviser have set out in their
comments the background of the drainage objectives set by the authority and have
described the works and measures now proposed by the developer to address these.
There is no need to repeat those comments here, but it is worth confirming that not
only have the original objectives been restated as the “benchmark” for assessing
acceptability of the development, but also more importantly that they have been
applied having regard to the most recent Government advice on flooding (PPG25
refers) and also more accurate profiles. It is fair to say therefore that whilst the
Council’s objectives have remained unchanged, the robustness of the assessment
applied to the applicants proposals has increased since the time of the previous grant
of planning permission.
3.9 In drawing the Council’s overall assessment together, the Principal Engineer has
concluded (inter alia): “The current proposals bring substantial reduction in flood risk
to the development site and adjoining land.” “The proposals appear to represent the
best that can be achieved within technical or physical constraints.” “For these reasons,
on balance, Members are recommended to grant permission.”
3.10 I concur with these views and would draw particular attention to the liaison with
Thames Water which in the last few months have made the additional facility of
(Date: 17th
July 2003) SE/02/01930 Item 1.15
9
pumping flows into the South Park surface water sewer a practical/viable option.
These measures were not previously achievable, but it has now been confirmed in
writing that that they are and that all elements of the system proposed would be
adopted by Thames Water.
3.11 Whilst the overall acceptability of the proposals should be considered in the context
of the Council’s stated drainage objectives it is clear that many local residents believe
that the situation should be resolved as soon as possible in order to achieve substantial
relief from flood risk, compared to the existing situation; and to enable the
development to proceed with the visual relief that this will bring to local residents and
the area in general..
3.12 Given the alternative form of the development itself, and the drainage infrastructure, it
would be necessary to enter into a new S106 Agreement, rather than an adaption of
the previous. This would provide certainty and clarity.
3.13 Once a new Agreement was drafted and ready for completion, I would envisage
reporting back to this Committee prior to issuing of any formal decision notice.
Sources
(a) Views of consultees
(b) Views of those making representations
(c) Planning History.
Contact Officer: K. Hinton
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
10
(Date: 17th
July 2003) SE/02/01930 Item 1.15
11
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
12
(Date: 17th
July 2003) SE/02/01930 Item 1.15
13
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
14
(Date: 17th
July 2003) SE/02/01930 Item 1.15
15
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
16
(Date: 17th
July 2003) SE/02/01930 Item 1.15
17
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
18
(Date: 17th
July 2003) SE/02/01930 Item 1.15
19
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
20
(Date: 17th
July 2003) SE/02/01930 Item 1.15
21
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
22
(Date: 17th
July 2003) SE/02/01930 Item 1.15
23
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
24
(Date: 17th
July 2003) SE/02/01930 Item 1.15
25
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
26
(Date: 17th
July 2003) SE/02/01930 Item 1.15
27
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
28
(Date: 17th
July 2003) SE/02/01930 Item 1.15
29
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
30
(Date: 17th
July 2003) SE/02/01930 Item 1.15
31
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
32
(Date: 17th
July 2003) SE/02/01930 Item 1.15
33
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
34
(Date: 17th
July 2003) SE/02/01930 Item 1.15
35
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
36
(Date: 17th
July 2003) SE/02/01930 Item 1.15
37
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
38
(Date: 17th
July 2003) SE/02/01930 Item 1.15
39
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
40
(Date: 17th
July 2003) SE/02/01930 Item 1.15
41
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
42
(Date: 17th
July 2003) SE/02/01930 Item 1.15
43
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
44
(Date: 17th
July 2003) SE/02/01930 Item 1.15
45
SE/02/01930 Item 1.15 (Date: 17th
July 2003)
46