| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 10/001 |
Declarations of interest. |
Councillor Worrall declared a personal and prejudicial interest in application TM/09/02435/FL on the grounds that that he was a member of West Malling Cricket Club which was the applicant. He withdrew from the meeting during consideration of this item. Councillor Mrs Kemp declared a personal interest in the list of applications determined since the previous meeting in that she owned the property which was the subject of application number TM/09/02813/TNCA. Councillor Mrs English declared a personal interest in the list of applications determined since the previous meeting in that she owned the property which was the subject of application number TM/09/02571/LDP. |
| AP2 10/002 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 9 December 2009 be approved as a correct record and signed by the Chairman. |
| DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION | ||
| AP2 10/003 |
Development Control |
Decisions were taken on the following applications subject to the pre-requisites, informatives, conditions or reasons for refusal set out in the report of the Director of Planning, Transport and Leisure, or the variations indicated below. Members of the public addressed the meeting where the required notice had been given and their comments were taken into account by the Committee when determining the application. Speakers are listed under the relevant planning application shown below. |
| AP2 10/004 |
TM/09/01246/FL - 17 Stone Court, Borough Green |
Creation of one additional two-bedroom flat within the roof void together with associated external alterations to the apartment building. Revisions to site layout to show alternative parking arrangements at 17 Stone Court, Borough Green. RESOLVED: That the application be APPROVED subject to the addition of Informative 1. The applicant is encouraged to liaise with the owner of 33 Wrotham Road to alter the position of that property's driveway to reduce the intrusion of headlights into that dwelling's windows. [Speakers: Mrs B Woodhams, member of the public] |
| AP2 10/005 |
TM/09/02862/FL - The Nook, The Street, Ightham |
Refurbishment and extension at The Nook, The Street, Ightham. RESOLVED: That the application be DEFERRED for a Members' Site Inspection. |
| AP2 10/006 |
TM/09/02435/FL - West Malling Cricket Club, Norman Road, West Malling |
Retention of shipping container for storage purposes and provision of footpath to club house at West Malling Cricket Club, Norman Road, West Malling. RESOLVED: That the application be APPROVED subject to the addition of Informatives 1. The applicant is advised that the boundary position to the cricket field should be adjusted to take account of the path. 2. The applicant is advised that any further containers on this site may require planning permission and their size, siting and colouring will be expected to respect the visually sensitive location of this site. [Speakers: Mr N Hilkene and Mrs H Marlor - members of the public] |
| AP2 10/007 |
TM/09/00821/FL - Orchard Place, Teston Road, Offham |
Log cabin to be used as dwelling in substitution of mobile home permitted by TM/07/01124/FL (Variation of condition 2 of planning permission TM/93/00722/FL (Use of land as residential caravan site) to allow additional mobile home and tourer caravan) at Orchard Place, Teston Road, Offham. RESOLVED: That the application be REFUSED for the following reason 1. The Council does not consider that a sufficient case of very special circumstances or material considerations exist to justify the erection of this inappropriate structure in the Green Belt and countryside. The proposal is therefore contrary to PPG2 (Green Belts), PPS7 (Sustainable Development in Rural Areas) and Policies CP3 and CP14 of the Tonbridge and Malling Borough Core Strategy 2007. [Speakers: Ms C Innes, Offham Parish Council and Ms L Draper on behalf of the applicant] |
| AP2 10/008 |
TM/09/01765/FL - Hornet Business Estate, Quarry Hill Road, Borough Green |
Removal of conditions, being condition 10 of TM/83/166, condition 9 of TM/87/1591 and condition 7 of TM/00/00461 to allow goods vehicles to be in operation on an unrestricted basis at Hornet Business Estate, Quarry Hill Road, Borough Green. RESOLVED: That the application be DEFERRED 1. to seek legal advice on the implications of refusing this application and whether the areas identified as potential grounds for refusal could be supported; and 2. for officers to explore whether it is possible to secure adequate land added to the application site for landscape screening and to assess whether the s106 agreement and the private Haul Road agreement would be affected by any future change in ownership. [Speakers: Mr S Perry, Borough Green Parish Council and Mr C Atkinson, Agent] |
| AP2 10/009 |
TM/09/01898/FL - Hornet Business Estate, Quarry Hill Road, Borough Green |
Change of use of land for industrial/warehouse use and the erection of terrace of four industrial warehouse units for use for purposes falling within use classes B1, B2 or B8, with associated access and parking provision at Hornet Business Estate, Quarry Hill Road, Borough Green. RESOLVED: That the application be DEFERRED 1. to seek legal advice on the implications of refusing this application and whether the areas identified as potential grounds for refusal could be supported; and 2. for officers to explore whether it is possible to secure adequate land added to the application site for landscape screening and to assess whether the s106 agreement and the private Haul Road agreement would be affected by any future change in ownership. [Speakers: Mr S Perry, Borough Green Parish Council and Mr C Atkinson, Agent] |
| AP2 10/010 |
TM/09/00978/FL - Marchurst Barn, Hildenborough Road, Shipbourne |
Retrospective application for installation of three closed circuit television cameras and apparatus at Marchurst Barn (a private domestic dwellinghouse) at Marchurst Barn, Hildenborough Road, Shipbourne. RESOLVED: That the application be DEFERRED 1. for officers to assess how the "fallback option" submitted by the agent would affect neighbours' perception of overlooking and to further clarify the law on privacy, particularly in regard to any statutory role of the Council. [Speakers: Mr M Beadle and Ms H Hirst, members of the public; and Mr J Collins - Agent] |
| AP2 10/011 |
10/00011/UNAUTU - Land West of Branbridges Road, East Peckham |
Alleged unauthorised development at land west of Branbridges Road, East Peckham. RESOLVED: That the Chief Solicitor be authorised to issue an Enforcement Notice as set out below and serve copies on all interested parties, he being authorised to amend the wording of the Enforcement Notice as may be necessary. The Notice to take effect not less than 28 days from the date of service, subject to: • In the event of an appeal against the Notice the Secretary of State and the appellant to be advised that the Local Planning Authority is not prepared to grant planning permission for the development the subject of the Enforcement Notice. Breach Of Planning Control Alleged Without planning permission the change of use of land to use as a residential caravan site and the creation of a hard surface. Reasons For Issuing The Notice It would appear to this authority that the above breach of planning control has occurred within the last ten years. The site is in Flood Risk Zone 3 and is classified as a highly vulnerable form of development. Therefore there is a serious and unacceptable risk to life that can not be satisfactorily mitigated, contrary to guidance in PPS25 (Development and Flood Risk) and policies NRM4 of the South East Plan and CP10 of the Tonbridge and Malling Core Strategy 2007. The development constitutes inappropriate development within the Metropolitan Green Belt and is therefore harmful by definition and also by reason of the harm to the amenities and openness of the Green Belt. The development is thereby contrary to PPG 2 and Policy CP3 of the Tonbridge and Malling Borough Core Strategy 2007. The development is contrary to policy CP14 of the Tonbridge and Malling Core Strategy 2007 which states that development will not normally be permitted in rural areas, unless the development falls into one of the special categories listed in policy, none of which applies to the development proposed. The development is contrary to policy CP20 of the Tonbridge and Malling Core Strategy 2007 for the reason that it is located in the Green Belt. Due to the overriding flood risk of the site, no adequate case of overriding material considerations has been made to justify the harm caused by development. Requirement To cease the use of the site for the stationing of any caravan and remove from the land all caravan(s) and hard surfaces. Period For Compliance Three calendar months from the date the Notice becomes effective. |
| AP2 10/012 |
08/00608/UNAUTU - Fre Mel Farm, Comp Lane, Offham |
Alleged unauthorised development at Fre Mel Farm, Comp Lane, Offham. RESOLVED: That an Enforcement Notice be issued as set out below and copies be served on all interested parties. The Notice to take effect not less than 28 days from the date of service, subject to: • The concurrence of the Chief Solicitor, he being authorised to amend the wording of the Enforcement Notice as may be necessary. • In the event of an appeal against the Notice the Secretary of State and the appellant to be advised that the Local Planning Authority is not prepared to grant planning permission for the development the subject of the Enforcement Notice. Breach Of Planning Control Alleged Without planning permission the change in use of land from woodland to land used for the parking of lorries and the stationing of metal containers, and the creation of a hardsurfaced area. Reasons For Issuing The Notice It would appear to the local planning authority that the breach of planning control consisting of the change of use has taken place within the last ten years and that the breach consisting of the formation of the hard surfaced area has taken place within the last four years. The site lies within the Metropolitan Green Belt, and within a Site of Nature Conservation Interest. Within the Green Belt, Government guidance contained within PPG 2 applies. In the opinion of the local planning authority, this unauthorised development is inappropriate development within the Green Belt as it harms the openness of the Green Belt, with the introduction of parked vehicles and storage containers, both of substantial size, and the formation of an alien hard-surfaced area. The development also represents an encroachment into the countryside which is contrary to one of the aims of the Green Belt. PPG 2 also states at paragraph 3.1 that there is a general presumption against allowing inappropriate development which should not be permitted, except in very special circumstances. There are no very special circumstances that apply to this development, which is therefore contrary to the intent of PPG2 and policy CP3 of the Tonbridge and Malling Borough Core Strategy and policy SP5 of the South East Plan 2009. Policy CP24 of the Tonbridge & Malling Core Strategy 2007 states that all development must through its scale, density, layout, siting, character and appearance be designed to respect the site and its surroundings. The local planning authority considers that this development is of a character and appearance that is alien to this rural site and its countryside surroundings. In addition to its visual impact, the use also gives rise to HGV movements along the unmade track and along rural roads, passing at close quarters a number of residential properties in doing so. This is harmful to the amenity of the affected residents, as well as to the rural character of the area generally. For all these reasons, it does not meet the objectives of policies CP1 and CP24. Policy CP14 of the Tonbridge & Malling Core Strategy 2007 restricts development in the countryside. Development is not to be permitted unless it falls into one or more of a number of specifically identified categories, none of which applies in this case. The site is within a designated Site of Nature Conservation Interest where, under saved policy P3/2 of the Tonbridge and Malling Borough Local Plan, development will not be permitted that materially harms the habitat or wildlife interest of that area. The removal of the woodland, and the ongoing use, by its very nature involving vehicle movement and parking, has caused and continues to cause such harm and therefore does not meet the criteria of the policy. Requirement To cease the use of the site for the parking of lorries and the stationing of metal containers. To remove the hard surface and all arisings from the site. Period For Compliance Three calendar months from the date the Notice becomes effective. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 10/013 |
List D |
The Director of Planning, Transport and Leisure submitted a list of applications determined since the date of the previous meeting. RESOLVED: That the report be received and noted. |
| AP2 10/014 |
Planning Appeal Decisions |
The Chief Solicitor submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 10/015 |
Exclusion of Press and Public |
The Chairman moved, it was seconded and RESOLVED: That as public discussion would disclose exempt information the following matters be considered in private. |
| PART 2 - PRIVATE | ||
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 10/016 |
Planning Application TM/09/01246 - 17 Stone Court, Borough Green (Reason: LGA 1972 Sch 12A Para 5 - Legal Advice) |
The report of the Chief Solicitor set out details of the legal implications of refusing the above application (Minute AP2 10/004 refers). RESOLVED: That the report be received and noted. |
| AP2 10/017 |
Planning Application TM/09/00821 - 2 Orchard Place, Offham (Reason: LGA 1972 Sch 12A Para 5 - Legal Advice) |
The report of the Chief Solicitor set out details of the legal implications of refusing the above application (Minute AP2 10/007 refers). RESOLVED: That the report be received and noted. |