Case 3342796

67 Dynes Road, Kemsing, Kent, TN15 6RB

Sevenoaks District Council — appeal dismissed

Outcome
Dismissed
Decision date
6 November 2024
Authority
Sevenoaks District Council
Inspector
McCreery D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Magham Developments Limited
LPA reference
23/02442/FUL
ONS LPA code
E07000111
Jurisdiction
Transferred
Link status
Not Linked
Start date
19 July 2024

Summary AI

The appeal for partial demolition and construction of a dwelling at 67 Dynes Road, Kemsing, Kent, was dismissed due to the necessity and reasonableness of condition 7, which requires a landscape scheme. The inspector considered the benefits of a quality landscaping scheme, including securing good living conditions and contributing to local biodiversity.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by D R McCreery MA BA (Hons) MRTPI

67 Dynes Road, Kemsing, Kent, TN15 6RB — Sevenoaks District Council — by D R McCreery MA BA (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 6 November 2024

Page 1 · Chunk 1 67 Dynes Road, Kemsing, Kent, TN15 6RB

67 Dynes Road, Kemsing, Kent, TN15 6RB — Sevenoaks District Council — 67 Dynes Road, Kemsing, Kent, TN15 6RB • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a grant of planning permission subject to conditions. • The appeal is made by Mr Nick Pattenden (Magham Developments Limited) against the decision of Sevenoaks District Council. • The application Ref 23/02442/FUL was approved on 14 November 2023 and planning permission was granted subject to conditions. • The development permitted is partial demolition of existing extension, enclosed walkway and garage to 67 Dynes Road, subdivision of land and erection of proposed dwelling with additional parking spaces. • The condition in dispute is No 7 which states that: No development shall take place until full details, of both hard and soft landscape proposals, including a schedule of landscape maintenance for a minimum period of 5 years, have been submitted to and approved in writing by the local planning authority. The approved landscape scheme shall be implemented prior to the occupation of the development hereby approved and thereafter retained.

Page 1 · Chunk 2 67 Dynes Road, Kemsing, Kent, TN15 6RB

67 Dynes Road, Kemsing, Kent, TN15 6RB — Sevenoaks District Council — 67 Dynes Road, Kemsing, Kent, TN15 6RB • The reason given for the condition is: To ensure the provision, establishment and maintenance of an appropriate landscape scheme in the interests of the visual amenities of the locality in accordance with Policies EN1 and EN5 of the Sevenoaks Allocations and Development Management Plan.

Page 1 · Chunk 3 reasonable and otherwise in accordance with Paragraph 56 of the National

67 Dynes Road, Kemsing, Kent, TN15 6RB — Sevenoaks District Council — reasonable and otherwise in accordance with Paragraph 56 of the National Planning Policy Framework (Framework). Reasons 3. This is a residential area, characterised by grass verges, front gardens, and

Page 1 · Chunk 4 greenery which gives the surroundings a degree of verdancy that contributes

67 Dynes Road, Kemsing, Kent, TN15 6RB — Sevenoaks District Council — greenery which gives the surroundings a degree of verdancy that contributes positively to the character of the area. 4. I note the agreement of boundary fencing under condition 6. This does not

Page 1 · Chunk 5 negate the appropriateness of also agreeing a scheme of hard and soft

67 Dynes Road, Kemsing, Kent, TN15 6RB — Sevenoaks District Council — negate the appropriateness of also agreeing a scheme of hard and soft landscaping. Regardless of the extent of public visibility, a quality landscaping

Page 1 · Chunk 6 designed places.

67 Dynes Road, Kemsing, Kent, TN15 6RB — Sevenoaks District Council — designed places. https://www.gov.uk/planning-inspectorate Appeal Decision APP/G2245/W/24/3342796 5. The acceptability of the details under the condition remains a matter between the Council and the Appellant in the first instance. 6. For these reasons the imposition of condition 7 is necessary, reasonable and otherwise in accordance with Paragraph 56 of the Framework. Conclusion 7. For these reasons, and paying regard to all other points raised, the appeal is dismissed.

Page 2 · Chunk 7 D R McCreery

67 Dynes Road, Kemsing, Kent, TN15 6RB — Sevenoaks District Council — D R McCreery INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶3

The inspector noted that the area is characterized by grass verges, front gardens, and greenery, which gives the surroundings a degree of verdancy that contributes positively to the character of the area.

Living conditions
Against appellant
¶4

A quality landscaping scheme delivers other benefits such as securing good living conditions for future residents of the development, providing opportunities for natural drainage, and contributing to local biodiversity.

Living conditions
Against appellant
¶5

The acceptability of the details under the condition remains a matter between the Council and the Appellant in the first instance.

Living conditions
Against appellant
¶6

The imposition of condition 7 is necessary, reasonable, and otherwise in accordance with Paragraph 56 of the Framework.

Policies relied on

Reference Weight
EN1
Determinative
EN5
Determinative
Paragraph 56 of the National Planning Policy Framework
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 6 November 2024 under the Open Government Licence.