| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 09/059 |
Declarations of interest. |
There were no declarations of interest made. |
| AP2 09/060 |
Minutes |
RESOLVED: That the Minutes of the Area 2 Planning Committee held on 24 June 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 09/061 |
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 09/062 |
TM/09/00804/FL - Lympstone, Grange Road, Platt |
Erection of a two storey dwelling and new access to Grange Road at Lympstone, Grange Road, Platt. RESOLVED: That the application be APPROVED, subject to the following: (1) Additional condition: 11. Prior to the commencement of development, a scheme shall be submitted to the Local Planning Authority for approval to demonstrate that the development hereby approved will adopt and incorporate sustainable construction standards and techniques. Where practicable and appropriate, the scheme shall include measures to: • minimise waste generation(including reduction and recycling of construction and demolition waste) • minimise water consumption (including potential for recycling water) • minimise energy consumption by the use of natural lighting, heat and ventilation • use building materials that minimise the depletion of non-renewable resources • assess potential for 10% of energy consumption requirements to be generated from decentralised and renewable/low-carbon sources The approved scheme shall be implemented prior to the first occupation of any of the unit(s) hereby approved and retained thereafter. Reason: In accordance with policy CP1 of the Tonbridge and Malling Borough Core Strategy and Policy CC4 of the South East Plan 2009. (2) Amend informative: 2. Surface Water from private hardstandings should not drain onto the public highway but should be porous or should discharge run off to permeable areas within the curtilage or to a soakaway. |
| AP2 09/063 |
TM/09/01538/FL - Dianella, North Meadow, Offham |
Erection of four bedroom dwelling house to north of Dianella, North Meadow, Offham. RESOLVED: That the application be DEFERRED for a Member's site inspection and to enable further consultation on the revised design. [Speakers: Offham Parish Council, Dr C Goat, member of the public and Mr G Phoenix, agent] |
| AP2 09/064 |
TM/09/00849/FL - The Cottage, Kemsing Road, Wrotham |
Construction of a double detached garage (retrospective)at The Cottage, Kemsing Road, Wrotham. RESOLVED: That the application be APPROVED, subject to the following: (1) Addition of condition: 1. Within 1 month of the date of this decision, a scheme of landscaping shall be submitted for the approval of the Local Planning Authority. All planting, seeding and turfing comprised in the approved scheme of landscaping shall be implemented during the first planting season following approval of the scheme. Any trees or shrubs removed, dying, being seriously damaged or diseased within 10 years of planting shall be replaced in the next planting season with trees or shrubs of similar size and species, unless the Authority gives written consent to any variation. Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality. (2) Addition of informative: 1. The applicant is encouraged to apply a suitable organic material to the roof tiles to assist in their early weathering, to tone down the colour. (The Chairman was asked to write to the Chairman of the Planning and Transportation Advisory Board asking that consideration be given, at a future meeting of that Board, as to whether changes in legislation to make unauthorised developments, leading to retrospective applictions and enforcement issues, a criminal offence would be beneficial. [Speakers: Mrs Davison and Mr Blythe, members of the public ] |
| AP2 09/065 |
TM/09/00812/FL - 26 Wrotham Road, Borough Green |
Demolition of an existing extension and garage and the erection of 3 no. dwellings on land at 24-26 Wrotham Road, Borough Green and alterations to access at 26 Wrotham Road, Borough Green. RESOLVED: That the application be APPROVED, subject to the following: (1) Additon of condition: 14. Prior to the commencement of development, a scheme shall be submitted to the Local Planning Authority for approval to demonstrate that the development hereby approved will adopt and incorporate sustainable construction standards and techniques. Where practicable and appropriate, the scheme shall include measures to: • minimise waste generation(including reduction and recycling of construction and demolition waste) •minimise water consumption (including potential for recycling water) •minimise energy consumption by the use of natural lighting, heat and ventilation •use building materials that minimise the depletion of non-renewable resources •assess potential for 10% of energy consumption requirements to be generated from decentralised and renewable/low-carbon sources The approved scheme shall be implemented prior to the first occupation of any of the unit(s) hereby approved and retained thereafter. Reason: In accordance with policy CP1 of the Tonbridge and Malling Core Strategy and Policy CC4 of the South East Plan 2009. (2) Addition of informative: 5. The applicant is advised that the Borough Council wishes to see full and detailed local consultation regarding the provision of local police facilities in the event that this planning permission is implemented. [Speaker: Ms C Lander, agent] |
| AP2 09/066 |
TM/09/01260/FL - 65 Annetts Hall, Borough Green |
Division of existing garden and construction of a detached bungalow (Resubmission of application TM/08/03622/FL)at 65 Annetts Hall, Borough Green. RESOLVED: That the application be DEFERRED for a Members' site inspection. [Speaker: Mr T Attoe, agent] |
| AP2 09/067 |
09/00105/UNAWKS - Appledene Farm, Norman Road, West Malling |
Alleged Unauthorised Development at Appledene Farm, Norman Road, West Malling. Local Members asked what powers the Borough Council had to take pre-emptive action with immediate effect and were advised that it was not possible to take such action. Officers noted Members request for immediate and urgent action. RESOLVED: That (1) 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 an unauthorised engineering operation being the creation of an earth bund and the erection of wooden fencing over 1m in height adjacent to a highway used by vehicular traffic. ~Reasons For Issuing The Notice: It appears to the Council that the above breach of planning control has occurred within the last 4 years. The site lies within the Metropolitan Green Belt. Planning Policy Guidance Note 2: Green Belts sets out national planning policy for Green Belts. It states that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. Green Belts help to protect the countryside by maintaining the openness and assist in moving towards more sustainable patterns of urban development. The general policies controlling development in the countryside apply with equal force in Green Belts but there is, in addition, a general presumption against inappropriate development within them. Inappropriate development is, by definition, harmful to the Green Belt. Policies SS2 of the Kent and Medway Structure Plan 2006 and CP3 of the Tonbridge and Malling Core Strategy 2007 reaffirm the national planning policy at a strategic and local level. Policy SP5 of the South East Plan 2009 sets out the Regional policy for development within and proposals affecting the Green Belt. Policy SP5 states that "…the opportunity should be taken to improve their land-use management and access as part of initiatives to improve the rural urban fringe." The South East Plan seeks to focus new development in to sub-regions and existing settlements and reinforces the importance of maintaining the separation of settlements. Policy CP24 of the Tonbridge & Malling Core Strategy 2007 relates to the Quality of Life and achieving a high quality environment. CP24 states that "Development, which by virtue of its design would be detrimental to the built environment, amenity or functioning and character of a settlement or the countryside will not be permitted." Policy CP14 of the Tonbridge & Malling Core Strategy 2007 restricts development in the countryside. Among other accepted developments (such as extensions to dwellings or one-for-one replacement of houses) is "development that is necessary for the purposes of agriculture or forestry, including essential housing for farm or forestry workers" and " any other development for which a rural location is essential." Within the Green Belt inappropriate development which is otherwise acceptable within the terms of CP14 will still need to be justified by very special circumstances. The size, height and bulk of the bund causes demonstrable harm to the visual and rural amenity of the area and materially affects the openness of the Metropolitan Green Belt. ~Requirement: To remove the earth bund and to regrade the land to its former level and to remove from the front of the site the wooden fencing and all its arisings. ~Period For Compliance: One calendar month from the date the Notice takes effect. |
| AP2 09/068 |
09/00119/COND - The Willows, Formerly Little Woodgate, East Street, Addington |
Alleged Unauthorised Undevelopment at The Willows, Formerly Little Woodgate, East Street, Addington. RESOLVED: That (1) An Enforcement Notice(s) be issued as set out below and copies be served on all interested parties. The Notice(s) 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(s) 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(s). ~Breach Of Planning Control Alleged: On the 12 February 2009 retrospective permission was granted for three 4 bedroom, 2 storey houses (with basements) as a revision to the approved scheme TM/06/02434/FL. There were a number of conditions attached. Condition 2 required planting, seeding and turfing, as shown on the approved plans, should be implemented during February/March 2009. This has not been carried out. Condition 4 required that the approved scheme of storage and screening of refuse should be implemented within one month of the date of the approval. This has not been carried out. Condition 8 required details of a supplementary landscaping scheme to be submitted for approval within one month of the date of this decision and implemented during the first planting season following approval. No details have been submitted and therefore the scheme has not been implemented. ~Reasons For Issuing The Notice: It appears to the Council that the above breach of planning control has occurred within the last 10 years. A detailed statement of reasons for serving the Enforcement Notice(s) will be prepared, to reflect the issues discussed at paragraphs 5.6 - 5.10 of this Report. This will include reference to appropriate policies, including those relating to development in the Green Belt, and policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007. ~Requirement: (a) To complete the approved scheme of landscaping, as referred to in condition 2 of planning permission TM/08/03218/FL. (b) To carry out the approved scheme for the screening and storage of refuse, as referred to in condition 4 of planning permission TM/08/03218/FL (c) To implement the landscaping scheme to be attached to the Notice regarding the area referred to in condition 8 of planning permission TM/08/03218/FL ~Period For Compliance: a) By 30 November 2009. b) Within 28 days of the date that the Notice takes effect. (c)By 31 March 2010. |
| AP2 09/069 |
08/00612/UNAWKS - The Hop Farm Country Park, Maidstone Road, Paddock Wood |
Alleged Unauthorised Development at The Hop Farm Country Park, Maidstone Road, Paddock Wood, Tonbridge. RESOLVED: That Enforcement Action be DEFERRED for a Members' site inspection. |
| AP2 09/070 |
09/00294/UNAUTU - Land Adjoining The Pavilion Known As Drayhorse Meadow, Fields Lane, Wateringbury |
Alleged Unauthorised Development at Land adjoining The Pavilion, known as Drayhorse Meadow, Fields Lane, Wateringbury. The Chairman agreed to accept this report as an item of urgent business, in accordance with the Council's Constitution, on the grounds that a serious breach of planning control had occurred with a consequential impact upon the Green Belt. RESOLVED: That (1)An Enforcement Notice be issued as set out below and copies be served on all parties with a relevant interest in the land. 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 unauthorised change of use of land from land used for the grazing of horses to a residential caravan site. ~Reasons For Issuing The Notice: It would appear to the Authority that the above breach of planning control has occurred within the last ten years. The site lies within the Metropolitan Green Belt. Planning Policy Guidance Note 2: Green Belts sets out national planning policy for Green Belts. It states that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. Green Belts help to protect the countryside by maintaining the openness and assist in moving towards more sustainable patterns of urban development. The general policies controlling development in the countryside apply with equal force in Green Belts but there is, in addition, a general presumption against inappropriate development within them. Inappropriate development is, by definition, harmful to the Green Belt. The development harms the openness of the Green Belt, with the introduction of the caravans and associated paraphernalia and represents a significant encroachment into the countryside. The local planning authority is therefore of the opinion that the development constitutes inappropriate development within the Green Belt. PPG 2 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. Policy CP3 of the Tonbridge and Malling Core Strategy 2007 reaffirms the national planning policy at a strategic and local level. Policy CP14 of the Tonbridge and Malling Core Strategy 2007 seeks to restrict development in the countryside generally, identifying certain categories which may be acceptable in principle; none of those categories applies in this instance. Within the Green Belt, inappropriate development which is otherwise acceptable within the terms of CP14, will still need to be justified by very special circumstances. Policy CP20 of the Tonbridge and Malling Local Development Framework Core Strategy 2007 relates specifically to the provision of sites for gypsies, travellers and travelling showpeople. This policy states that there will be a presumption against the development of gypsy accommodation in the Green Belt unless there are very special circumstances. The current site can clearly be seen from the Wateringbury Recreation Ground, from the residential area on the eastern side of the village, from adjoining open land, from the public right of way and in landscape views from across the Medway Valley. The current use forms a highly visually intrusive feature within the open countryside. The use is inappropriate development in the Green Belt, and harmful to its openness. The use has a marked intrusion on the landscape from the south side of the Medway valley. The local planning authority considers that the development is inappropriate in the Green Belt and is therefore, by definition, harmful. The local planning authority further considers that there are no very special circumstances in this case that would overcome the stated harm. The local planning authority has considered the expediency of taking enforcement action in the context of whether such action may interfere with the owners' right to occupy their home. However, it is well established that whether that interference amounts to a breach/violation of human rights depends upon whether it is proportionate to the interests of the community that would be protected. The local planning authority considers that the weight of these material considerations is such that enforcement action is proportionate to the interference with the applicant's human rights under Article 8, and therefore concludes that the service of this enforcement notice would not represent a violation of Article 8 of the European Convention on Human Rights. ~Requirement: To cease the use of the site as a residential caravan site and to permanently remove all caravans from the land. ~Period For Compliance: One calendar month from the date the notice takes effect. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 09/071 |
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 09/072 |
Planning Appeal Decisions |
The Central Services Director submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| AP2 09/073 |
Forthcoming Planning Inquiries and Hearings |
The Central Services Director presented details of the arrangements for forthcoming Public Inquiries and Hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 09/074 |
Exclusion of Press and Public |
There were no items considered in private. |