Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Site visit made on 8 February 2024 by Patrick Whelan BA(Hons) Dip Arch MA MSc ARB RIBA RTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 8th July 2024 Appeal Ref: APP/G2245/W/22/3306277 Adjoining Church Hall, St. Mary’s Church, High Street, Kemsing, Sevenoaks TN15 6NA • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by the Parochial Church Council of Kemsing with Woodlands, Diocese of Rochester, and Mr P Eaton against the decision of Sevenoaks District Council. • The application Ref 22/00007/FUL, dated 31 December 2021, was refused by notice dated 7 March 2022. • The development proposed is a new vicarage and carport with access through the village carpark. Decision 1. The appeal is allowed and planning permission is granted for a new vicarage and car-port with access through the village car-park at land adjoining the Church Hall, St. Mary’s Church, High Street, Kemsing, Sevenoaks TN15 6NA, in accordance with the terms of the application, Ref 22/00007/FUL, dated 31 December 2021, and the plans submitted with it, subject to the conditions at the end of this letter.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Main Issues 2. The main issues are whether the proposed development would: - a) preserve the setting of the grade II* listed building, the Church of St. Mary (St. Mary’s). b) preserve or enhance the character or appearance of the Kemsing Conservation Area (CA); and, c) the effect of the development on open space. Reasons The significance of St. Mary’s 3. On the southern slope of the North Downs, just below the ancient track which guided pilgrims from Winchester to Canterbury, stands the church of St. Mary, around which has developed the village of Kemsing. St. Mary’s is described as a multi-phase church of early Norman origins. Given the time that St. Mary’s has been a place of worship and a place for sacrament, and the growth of the village around it, it has a high level of communal value. 4. At my visit, I saw a deep chancel, enclosed by flint, rubble walls upon which rises a shingled bell tower under a broached roof, visible from all directions. In addition to the west entrance, and a C14 porch on the south side, a northern aisle was added in the C19. The humble exterior scale of the building conceals

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 a beautiful series of moments of delight within, including a highly decorative rood screen, coloured glass in window openings, and the interconnectivity of the spaces and functions the church encloses. 5. All this fabric has high evidential value, some of it very high. What it reveals about social and liturgical practice gives the building high historic value too. Aesthetically, any single feature of its design and construction; notably its form, the arrangement of its spaces, its size, the proportions of its elements, its siting and orientation, give it high aesthetic value. 6. Notwithstanding all these temporal values, this long-sanctified church has a rare value which surpasses them all: perhaps from the reasoning behind its position in the landscape, the art in its building; its duration; its alteration; people’s affection for it; and its enduring use for worship and sacrament; it is imbued with a spiritual value unique to this place. 7.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision What is of significance here is how these temporal and spiritual values, and in particular the architectural elements which define the building, both inside and out, have, over the centuries of worship here, created a building which is at once, both spectacular and humbling. The setting of St. Mary’s 8. While the appeal site lies close to St. Mary’s, since the construction of the church hall, a building of significant size, between the appeal site and the church, the undeveloped, open, and green character of the land west of the church and containing the appeal site has diminished. This is not a criticism of the hall. Far from it. Its axial layout, its single volumetric form, the steep pitch, and great length of the rafters of its roof, its use of timber, clay and limited render and glass reflect the architectural character of St. Mary’s. Indeed, there is a strong architectural link between the church and the church hall. And, once in use, there will be space for the social and communal relationship between the two buildings to develop too. This is the bearing of the hall within the setting of St. Mary’s. 9. While the hall has strong architectural and social connections to St.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Mary’s, the bearing of the land to the west of the church is more enigmatic. In the previous appeal1 it was speculated that the land to the west of the church is remnant land, perhaps once part of an area for agriculture or pasture. There was little to suggest the land was intended as part of a formal setting to the church. 10. Since the construction of the church hall, the land to the west of the church appears now as a small meadow, surrounded by land in different uses. Most noticeably, the construction of the hall has truncated the spatial connection between the appeal site and St. Mary’s. 11. Today, this meadow provides the green foreground to the long flank of the church hall; I can imagine it being enjoyed in fine weather by people using the hall. But the site now appears to have little direct social connection, and still less spatial connection, to the church building, if any. Moreover, there is little substantive evidence of any historical or other connection between the site and the church to suggest that the appeal site is a strong component of its significance. 12. Notwithstanding this, the appeal site is undeveloped space.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision It contains grass and hedgerow, with the branches of mature trees stretching over its edges. Its spatial quality before the erection of the hall may have been akin to the graveyards that presently encompass the church. These form its immediate 1 Appeal ref: APP/G2245/W/18/3199321 2

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision It contains grass and hedgerow, with the branches of mature trees stretching over its edges. Its spatial quality before the erection of the hall may have been akin to the graveyards that presently encompass the church. These form its immediate 1 Appeal ref: APP/G2245/W/18/3199321 2

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 north and south settings, and spatially set-off the church, their openness and flatness yielding to the superiority of the church in a kind of ecclesiastical hierarchy, their soft, natural texture foregrounding its architectural richness. 13. However, unlike those spaces, since the construction of the church hall, the land containing the appeal site appears displaced from the church and its west setting. In many ways, a vestige of land, disconnected from it. Its contribution to the setting of St. Mary’s is principally that it is part of an undeveloped space within the vicinity of the church. Its limited size, its enclosure, and the bearing of the development that has taken place to its east, west, and south have now diminished its spatial contribution to the significance of St. Mary’s to little more than a passing, or neutral value, and principally so because of its remaining undeveloped. The significance of the CA 14.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Part of the spatial significance of the CA is the gentle shift in character from the historic core of the village where buildings stand close together, clustered along historic routes and around the water well, to the looser grained development on its periphery, including St. Mary’s, on land rising from the core of the village up the slope of the down, to the Pilgrims’ Way. 15. This area contains several areas of open space which share, contiguously, an open and green character, including the graveyards around the church, large private gardens, as well as the land west of the church containing the appeal site. Constrained by its size, its enclosure, and the bearing of the church hall since its construction, the land containing the appeal site makes a limited contribution to that open, spatial character in this part, primarily by being unbuilt upon. It is also part of the attractive contrast in development grain across the village which is part of the significance of the whole CA. 16.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision The architecture of the CA is characterised by attractive buildings in the Kentish vernacular, with examples of the sparing use of local brick, some timber framing and render, hipped, clay roofs, chimney stacks, as well as some ragstone walls and some local flintwork. The effect on the significance of St Mary’s 17. From the footway to the west of the appeal site, because of the size and position of the hall, I could not see the church. Similarly, from the High Street, because of the distance and the change in land level, while the bell tower of the church could be glimpsed, the opportunity for seeing the church and the vicarage in a single vista would be very limited. From this aspect of St. Mary’s setting, the proposal would have such little effect that a viewer would be unable to discern the change. 18. From the north, the building called Cleeves has views down towards the village core, but views to the site are reduced by the trees on the boundary of Cleeves and the trees on the boundary of the site. Only when standing close to the southern garden boundary of Cleeves, does the hall just about become partially visible. 19. The proposal would be similarly screened in distant views from the north.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision A slither-like glimpse through trees of a distant building does not equate to harm from this viewpoint. From the upper floors of Cleeves, the proposal may become more visible, but the overall effect of a distant glimpse would be little different. Moreover, given that the church and the hall already stand on an approximately similar contour at around ninety degrees to Cleeves, a vicarage 3

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision A slither-like glimpse through trees of a distant building does not equate to harm from this viewpoint. From the upper floors of Cleeves, the proposal may become more visible, but the overall effect of a distant glimpse would be little different. Moreover, given that the church and the hall already stand on an approximately similar contour at around ninety degrees to Cleeves, a vicarage 3

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 of the scale proposed standing on a similar countour and sharing a similar alignment would not undermine the primary status of the church in the hierarchy of the three buildings. 20. In closer, passing views southwards from the northern graveyard, any glimpsed views through the mature trees on the site boundary would include the built-up background of the buildings in the core of Kemsing. Notwithstanding this, from more distant points in the northern graveyard, and in a limited way from a few positions in the public carpark and footpaths running close to the site, the church, the hall, and the vicarage would come into a single view, to varying degrees. 21. From these viewpoints the west setting of the church would be in focus, and along with it, the proposed vicarage. However, despite standing in the same view as the church, I find no harm to the setting of the church from the size, position, or appearance of the vicarage. The footprint and height of the vicarage, little different to the house a few metres to its west, would be physically deferential to the church which stands a substantial distance to the east, on the other side of the hall.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision The vicarage’s footprint would be considerably smaller than the hall, and its ridge would be below the ridge of the hall, which would stand almost as a screening shield to the church such that views of the church from here would be little affected by the development. 22. Given the factors of the setting of St. Mary’s which I have identified in the section above, as contributing to its significance, changing the appeal site from one with open, green space to one containing a vicarage, particularly where the appeal site takes up only part of the remaining open space beside the church hall, and where within that appeal site, such a small proportion would be occupied by a building of the height and mass proposed, there would be no harm to the significance of the church, or the ability to appreciate that significance, from this change in its spatial and green setting. 23. Architecturally, the materials and detailing of the vicarage would borrow those of the hall, yet because of their arrangement, and because of the size of the vicarage, its scale would clearly belong to the scale of the housing to the west.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision There would be no harm from the scale or the size, siting, or form of the building to the primary status of the church, its special architectural interest, nor the immediate space which surrounds it. Moreover, the building would clearly read as part of the ecclesiastical group of church, church hall, and vicarage; a familiar, architectural trinity seen in villages in England. 24. I appreciate that the setting of St. Mary’s would change. But it has already changed with the construction of the hall. The principal trees would be retained; only a young, class ‘C’ sycamore would be lost, and a large proportion of the land to the west of the church hall would not be built upon. The open and green nature of this part of the church’s setting, to the extent that it still has these characteristics, would not be diminished by any degree that would affect the significance of the listed building. Overall, the semi-rural character of the church’s setting, and the contribution it makes to the significance of the listed building, would not be undermined by this proposal. 25. The proposed development would preserve the setting of the listed building, to the desirability of the preservation of which I am required to have special regard.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision There would be no conflict with policy EN4 of the Sevenoaks Allocations and Development Management Plan 2015 (ADMP) and policy SP1 of the Sevenoaks Core Strategy 2011 (CS) which require heritage assets and their settings to be protected and enhanced. Nor would there be any conflict with the 4

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision There would be no conflict with policy EN4 of the Sevenoaks Allocations and Development Management Plan 2015 (ADMP) and policy SP1 of the Sevenoaks Core Strategy 2011 (CS) which require heritage assets and their settings to be protected and enhanced. Nor would there be any conflict with the 4

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 National Planning Policy Framework (the Framework) which recognises that the significance of a designated heritage asset can be harmed by development in its setting, and which requires great weight to be given to the conservation of a designated heritage asset. The effect on the CA 26. The space to the west of the church hall, part of which would be taken up by the appeal site, is now commanded by the long flank of the church hall, and for which reason it now appears rather as a left-over space. Three of the four boundaries around the space are enclosed by footpaths or the hall itself. And the nature of the open spaces in this part of the CA, and their enclosure, vary typically from space unenclosed, or enclosed by hedgerow, to graveyard enclosed by brick wall, to a small wood. Moreover, while the appeal site remains open, the great bearing of the church hall’s footprint and length, and the height of its roof, diminish the sense of openness. These existing spatial factors reduce considerably the contribution, both individually and as part of a group, which the appeal site makes to the spatial and green character of the CA. 27.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Insofar as a part of a contiguous section of open, green space to the west of the church hall, which contributes to the spatial and green character of this part of the CA would be developed upon, that open and green spatial character would, by a small degree, be diminished. However, given the spatial factors which already influence the space to the west of the church hall, its contribution to the significance of the CA is now diminutive. 28. The Council is protective of the space to the west of the church hall and its contribution to the tranquillity of this section. However, public footpaths lead around two of its boundaries, which during my visit on a morning of continuous downpours, had several dog walkers and people passing along them. Moreover, a church hall with doors and openings flanks a third side. I find the contribution of this land to tranquillity to be limited. I appreciate that, being undeveloped, the appeal site acts as a kind of foil against the built-up area to the south and west to the church and the graveyards. However, it lies between a large church hall to one side of it and the existing building The Keep, and its garden, to the other side.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Given the bearing of these developments and the amount of open space retained beside the church hall in this proposal, the effectiveness of the foil would not be undermined. 29. In terms of measures, the proposed building would take up a relatively small footprint in the space to the west of the hall. For a substantial length of the front boundary of that space the land would remain, visually at least, as part of the land around the hall, with the appeal site boundary set at around the mid- point of its depth, until it curves around in a slim neck to the car access which is presently a field gate access. This boundary siting reduces the grounds of the vicarage to the minimum needed to set the building off. The vicarage would be sited centrally in its site, retaining, save for parking under the trees, a generous distance to the south and west extent of this open space. These isolating factors of its siting and its modest size relative to the church hall, lessen the volumetric or superficial impact of the proposed building on its surroundings. Since the construction of the church hall on the land, it would not appear as a large dwelling in large grounds. 30.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Moreover, the hard surfaced area would be to the west of the site, which, being beside the hedge enclosing a public footway, would moderate the effects of its texture and any movement. The access into the site would reuse the present 5

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Moreover, the hard surfaced area would be to the west of the site, which, being beside the hedge enclosing a public footway, would moderate the effects of its texture and any movement. The access into the site would reuse the present 5

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 vehicle access into the land. The size of the vicarage and its hard surfacing relative to the remaining land together with the cover of trees and vegetation both existing and proposed would not urbanise the site. For all these reasons, the semi-rural character of the CA would, in my view, be conserved. 31. Except for the view from Cleeves, the proposal would not feature in the CA Appraisal’s identified viewpoints to any material degree. And even the view from Cleeves, for the reasons given in the section above, would not undermine the significance of the CA as a whole. 32. Furthermore, the proposed building would not stand in isolation; it would clearly read as part of an ecclesiastical group. It would introduce an architectural counterpart to the church hall. The ninety-degree orientation of the vicarage to the hall and the alignment of its rear wall almost to that of the hall would bring a coherent dimension to the space west of the hall, which is presently lacking. 33.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision So too, the consistent architectural language between the buildings of single, simple forms, great roofs, in as much as they are steeply pitched and gabled, timber framing, sparse and carefully arranged openings, and the similar application of vernacular materials. For these reasons, the building would enhance considerably the distinctiveness of this section and the architectural character of the CA as a whole. 34. Given the very limited contribution of the appeal site to the spatial and green character of the CA since the construction of the church hall, as well as the volumetric and superficial factors of the proposal which would lessen its impact on that surviving spatial and green character, the significance of the CA as a whole would not be harmed by the development. On the contrary, its architectural character, and therefore its appearance, would be enhanced considerably. 35. The proposed development would preserve the character, and enhance considerably the appearance, of the Kemsing Conservation Area to the desirability of the preservation or enhancement of which I am required to pay special attention.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision There would be no conflict with policy EN4 of the Sevenoaks Allocations and Development Management Plan 2015 (ADMP) and policy SP1 of the Sevenoaks Core Strategy 2011 (CS) which require heritage assets to be protected and enhanced. Nor would there be any conflict with the Framework which requires great weight to be given to the conservation of a designated heritage asset. Rather, it would accord with the Framework where it says that account should be taken of the desirability of sustaining and enhancing the significance of heritage assets and of new development making a positive contribution to local character and distinctiveness. The effect on open space 36. The appeal site is part of a designated open space, which policy GI2 of the ADMP protects from development unless it is surplus to requirements; its loss would be mitigated by equivalent provision; or the development is for alternative sports or recreation. Paragraph 103 of the Framework reflects the requirements and exceptions of policy GI2. The proposal meets none of these exceptions. This brings the proposal into conflict with the ADMP as well as policy SP10 of the Core Strategy which seeks to retain open space of value to the local community.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision It would also conflict with paragraph 103 of the Framework. 37. The Council describes open space here as a place for quiet contemplation, but during my visit, even in the deluges of rain, the passing of people along the 6

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision It would also conflict with paragraph 103 of the Framework. 37. The Council describes open space here as a place for quiet contemplation, but during my visit, even in the deluges of rain, the passing of people along the 6

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 footways beside the land beside the church hall prevented any contemplation. Given the extent of open space to be retained, the other benefits the Council identifies, such as ecology; local heritage; culture; and landscape, would not be harmed. It also identifies the open space as being beneficial to the perception of the locality. However, since the construction of the church hall, the perception of the open space in this part, has changed. 38. In any event, the proposal would retain a large portion of the open space that lies to the west of the church hall. Relative to the adjoining open spaces around it, including the large Common Field to the east, the loss of open space, in square meters, would be minimal. Moreover, for the reasons already given, its principal quality lies in its not having been built upon, less so its spatial quality. These factors would diminish the impact of the loss of open space, to the degree that the harm would in my view be no more than moderate. Other Matters 39. I understand the Council’s concern to save the remaining undeveloped land to the west of the church from more development. However, the point that the area west of St.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Mary’s could only accommodate a single building was the position of the Council in the previous appeal, not the conclusion of the Inspector. She did find that the amount of development across the area as a whole would result in the loss of unstructured, open space, the semi-rural character and the perception of a break or gap. 40. However, the proposal in this case differs significantly from the proposal in that appeal. Spatially, it no longer leads a driveway through the churchyard, requiring alterations to its boundary walls. Instead, the access would be off the public carpark. The vicarage is now proposed to be sited further back from the southern footway, preserving more space to the front of the land than the previous proposal. 41. Architecturally, instead of plain, clay tiles and hips, which characterise some of the housing in the CA the single, boldly framed, gabled form of the shingled roof over the vicarage reflects the roof of the church hall, as well as some of the materials on the church. And, instead of the red brick which characterises some of the housing here, the yellow stock bricks in this proposal would strengthen the visual relationship between the church hall and the vicarage.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision The architectural trinity between church, church hall, and vicarage in this proposal would be a powerful one. 42. Moreover, the church hall has been built. Its bearing on the remaining undeveloped land to the west and the effect on that land’s contribution to the significance of the heritage assets is plain to see now. All these factors, and their relevant effects which I have discussed at length above, materially distinguish the two appeals. While I have had full regard to the previous appeal, because of the design changes, the parallels to this case are limited. For the reasons above, the evidence on the ground and in this proposal leads me to a different conclusion from the decision in that appeal. 43. The Council has concluded that the proposal would not harm the landscape and scenic beauty of the Kent Downs Area of Outstanding Natural Beauty. Given the size of the proposed vicarage, the extent of its ground, and its position within the village, I have no reason to disagree. For similar reasons, as well as the distance and screening between the site and the other listed buildings in the village, including The Keep, Castle Bank, and Rose Cottage, their 7

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 significance would not be affected by the proposal, and their settings would be preserved, in accordance with the Act. 44. While I have had regard to the points raised by various parties about the need for accommodation for the vicar and the completion of the church hall, as my conclusions were based on the proposal in its own right, these have not been a determinative matter in this case. I appreciate that the proposal would result in the loss of two parking spaces in the adjacent carpark. However, there is no substantive evidence that the loss would materially prejudice the effectiveness of the carpark or present any risk to highway safety, which limits the weight I can give this loss. Planning conditions would be able to ensure that the formation of the car access from the carpark does not prejudice the safety of those using the footway or the carpark. Planning Balance 45. Though there is no indication given of the shortfall, the Council accepts that it cannot demonstrate a 5-year supply of deliverable housing sites.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Accordingly, and having applied the policies in the Framework that protect areas or assets of particular importance and finding no clear reason for refusing the development, paragraph 11d)ii of the Framework should be applied. 46. The single adverse effect from this development would be the moderate harm to designated open space, and this conflict with policy. Against this, the proposal would enhance considerably the appearance of the Kemsing Conservation Area. It would accord with one of the aims of the Framework, to create high quality, beautiful and sustainable buildings, and places. It would also follow the Framework where it indicates that local planning authorities should look for opportunities for new development within conservation areas and within the setting of heritage assets to enhance or better reveal their significance. This is a significant benefit. 47. While the proposed development would make only a small numerical contribution towards the shortfall in housing here, to those suffering its ill- effects, even a single dwelling contributes to a shift towards a more balanced situation. Moreover, the Framework confirms the Government’s objective to significantly boost the supply of homes.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision To the benefit of this additional dwelling, I accord moderate weight. 48. As well as the social benefit of housing, the development would bring economic benefits from employment during construction, and the spending in the local economy of future occupiers. These economic benefits attract no more than very moderate weight. 49. When assessed against the policies in the Framework taken as a whole, the single adverse effect to designated open space and the conflict with the development plan policy would not significantly and demonstrably outweigh the benefits of the considerable enhancement of the appearance of the CA and an additional dwelling. Accordingly, the presumption in favour of sustainable development applies, and this indicates that permission should be granted. Conditions 50. I have considered the conditions suggested by the Council and the appellant against the advice in the Planning Practice Guidance, and adjusted their wording and timing accordingly, and to reduce the burden of unnecessary submissions and processing of further applications where sufficient information has already been provided or is covered by other conditions. In addition to the 8

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 statutory time condition [1], it is necessary for clarity, for a condition [2] indicating the approved drawings. Its forming part of an ecclesiastical group of church, church hall, and vicarage was an important factor in my considerations in favour of the proposal. I have therefore imposed condition [3] to secure the particular occupancy proposed rather than any other, without which certainty, the development would have been unacceptable. 51. Pre-commencement of development: The potential for the churchyard to support slow worms and common lizards has been identified. To avoid the possibility of killing or injuring reptiles that may be present on the appeal site, a precautionary condition [4] is necessary to ensure their safe displacement or relocation. This condition needs to bite before condition [5], securing the tree protection works already envisaged to the numerous category A and B trees which border the site and whose health may be affected by the development, which, in turn, needs to bite before any clearance or preparatory work begins. 52.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Given the site’s position in the historic core of the village and noting the report of Roman activity and Roman occupation remains and features within the site, there is a risk that the development may encounter Roman and later archaeology, hence the necessity for a condition [6] for resolution before development begins to secure a field evaluation together with safeguarding measures, further investigation, and recording, as appropriate. For the same reasons, a condition [13] to ensure that the results of the archaeological investigation are published, is necessary. 53. DPC level: Given the proximity of the site to the churchyard, a Local Wildlife Site, and the potential for foraging and commuting habitat for bats in the trees close to the external spaces of the development an external lighting details condition [7] is necessary to safeguard the biodiversity resource and its connections. While there is rich habitat surrounding the site, the Framework indicates that decisions should contribute to and enhance the natural and local environment by measures including by providing net gains for biodiversity.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision There is no evidence that ecological enhancements such as bird and bat bricks or native species planting could not meet that national policy objective. Hence, the necessity and reasonable scale of condition [8], for ecological enhancements, is justified. 54. To safeguard the character and appearance of the area, and notwithstanding the materials and layout already indicated, conditions [9] and [10] for the details of external facing materials and hard and soft landscaping are necessary. It is also necessary to ensure that the new gate opening safeguards the free passage along the footway as well as the character of enclosure in the CA, hence a clause for details of the opening in the west boundary hedge, as sought by the Council. This does not encompass the gate in adjoining land as I am not convinced this is necessary to make the development acceptable in planning terms. 55. The ADMP requires new residential development to incorporate electric vehicle charging points, hence condition [11] is justified to satisfy the Council’s objectives of air quality and climate change mitigation.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision While these conditions do not need to be resolved before commencement, the matters they control should be settled before the development rises significantly out of the ground because of implications for programming and weathertightness, hence their trigger being at damp proof course level. 9

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision While these conditions do not need to be resolved before commencement, the matters they control should be settled before the development rises significantly out of the ground because of implications for programming and weathertightness, hence their trigger being at damp proof course level. 9

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Appeal Decision Appeal Decision APP/G2245/W/22/3306277 56. Carport: Part of the carport would straddle the root protection areas of the group of category B sycamore trees. A condition [12] requiring details of its foundations is necessary to protect the health of these trees. As this is a separate structure from the main build, its trigger may reasonably be its development. 57. Pre-occupation: The opening of a vehicle entrance where the public walk and pass requires some special works to ensure the safety of the public, hence condition [14]. For the same reason, a condition [15] is necessary to ensure that there is sufficient space on-site for cars to enter and leave in forward gear. Given that the public may be visiting the site a condition [16] to secure bicycle parking is necessary to promote transport alternatives to the car. None of these conditions need bite any earlier than the occupation of the development. Conclusion 58. The proposal would not comply with the development plan, however the material considerations discussed above, including the presumption in favour of sustainable development in the Framework, outweigh this conflict. Therefore, for the reasons given, the appeal is allowed.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan INSPECTOR 10

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan INSPECTOR 10 Appeal Decision APP/G2245/W/22/3306277 Schedule of conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 245/V/P/01/A LOCATION PLAN, PLANS AS PROPOSED; 245/V/P/02/A ELEVATIONS AND SECTIONS. 3) The occupation of the vicarage shall be limited to a minister of religion, licensed, or granted permission to officiate by the Bishop, to serve in the benefice of Kemsing and Woodlands in the Diocese of Rochester, or the minister’s spouse or civil partner or family member, or dependant relative living with the minister with the consent of the Bishop. 4) No site clearance, preparatory work, tree protection measures work, or development shall take place until all the vegetation (excluding trees and hedgerow) on the ground of the appeal site has been cut following this sequence over three consecutive days: a) Day 1: vegetation cut to a height of approximately 150mm. b) Day 2: vegetation cut to a height of approximately 75mm. c) Day 3: vegetation cut to a height of approximately 30mm.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan Any reptiles found in the appeal site before development commences must be relocated to areas of long grass in the churchyard. 5) Save for the works detailed in condition 3 above, no site clearance, preparatory work or development shall take place until the tree protection measures for the retained trees have been carried out in accordance with the arboricultural method statement and the tree protection plan in the Arboricultural Report by Messrs. The Mayhew Consultancy Ltd, ref: AR/34214/17 dated 2021, including protective barriers, temporary and permanent ground protection. The scheme for the protection of the retained trees shall be retained for the duration of the construction works of the development.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan Any reptiles found in the appeal site before development commences must be relocated to areas of long grass in the churchyard. 5) Save for the works detailed in condition 3 above, no site clearance, preparatory work or development shall take place until the tree protection measures for the retained trees have been carried out in accordance with the arboricultural method statement and the tree protection plan in the Arboricultural Report by Messrs. The Mayhew Consultancy Ltd, ref: AR/34214/17 dated 2021, including protective barriers, temporary and permanent ground protection. The scheme for the protection of the retained trees shall be retained for the duration of the construction works of the development.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan 6) No development (including demolition) shall take place until: a) An archaeological field evaluation has been carried out in accordance with a specification and timetable that shall first have been submitted to and approved in writing by the local planning authority; and b) Safeguarding measures to ensure the preservation in situ of important archaeological remains and/or further archaeological investigation and recording identified in the archaeological field evaluation have been undertaken in accordance with a specification and timetable that shall first have been submitted to and approved in writing by the local planning authority. 7) No development above damp-proof course level shall take place until full details of any external lighting including height, design, location, light intensity, and luminaire type, designed to minimise light effects on biodiversity including bats, shall have been submitted to and approved in writing by the local planning authority. The external lighting installation shall be carried out in accordance with the approved details. 11

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan Appeal Decision APP/G2245/W/22/3306277 8) No development above damp-proof course level shall take place until an ecological enhancement plan, which shall include details of native species planting, has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details before the occupation of the development. 9) No development above damp-proof course level shall take place until the details and samples of all external facing materials have been submitted to and approved by the local planning authority in writing. The development shall be carried out in accordance with the approved details and samples. 10) No development above damp-proof course level shall take place, until details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include planting plans, noting species including native plants; plant supply sizes; and proposed numbers/densities where appropriate; boundary treatments; and surfacing materials; and the siting of the gate proposed in the boundary beside the carport alongside footway SR725, together with its construction details.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan No plants shall be placed within 1m of the edges of public footways and shall be no higher than 600mm at the vehicle crossing point on public footway SR91. The development shall be carried out in accordance with the approved details before the occupation of the development. 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 5 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. 11) No development above damp-proof course level shall take place until details of the location, appearance, and specification of an electric vehicle charging point for the occupiers of the development, or their visitors shall have been submitted to and approved by the local planning authority in writing. The development shall be carried out in accordance with the approved details before the occupation of the development.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan 12) No development in connection with the carport, including excavations for foundations and services, shall take place until details of the foundation design of the carport, to take account of existing trees, shall have been submitted to and approved in writing by the local planning authority. The construction of the carport shall be carried out in accordance with the approved details. 13) The development shall not be occupied until a programme of archaeological post-excavation evaluation and publication has been completed in accordance with a specification and timetable that shall first have been submitted to and approved in writing by the local planning authority. 12

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan 12) No development in connection with the carport, including excavations for foundations and services, shall take place until details of the foundation design of the carport, to take account of existing trees, shall have been submitted to and approved in writing by the local planning authority. The construction of the carport shall be carried out in accordance with the approved details. 13) The development shall not be occupied until a programme of archaeological post-excavation evaluation and publication has been completed in accordance with a specification and timetable that shall first have been submitted to and approved in writing by the local planning authority. 12

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan Appeal Decision APP/G2245/W/22/3306277 14) The development shall not be occupied until the proposed vehicle crossing of the public footpath at the entrance to the site, together with measures to safeguard the safety of pedestrians using the public footway including gates or barriers or bollards as appropriate, and any modifications required to the footway surface and sub-surface at the crossing to ensure it can withstand the load of construction and residential vehicles, has been constructed and installed in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. The crossing, safety measures, and modifications shall be retained thereafter. 15) The development shall not be occupied until space has been laid out within the site in accordance with drawing no. 245/V/P/01/A LOCATION PLAN, PLANS AS PROPOSED for cars to be parked and for the loading and unloading of vehicles and for vehicles to turn so that they may enter and leave the site in forward gear and those spaces shall thereafter be kept available at all times for those purposes.

Adjoining Church Hall, St Marys Church,, High Street, Kemsing, Sevenoaks, TN15 6NA — Sevenoaks District Council — Patrick Whelan 16) The development shall not be occupied until secure, covered bicycle parking has been provided on-site in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. The bicycle parking shall thereafter be kept available for the parking of bicycles by the occupants of the development and their visitors and for no other purpose. END OF SCHEDULE OF CONDITIONS 13