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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.

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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.

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(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.

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(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).

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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.

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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).

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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.

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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

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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

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