Meeting documents

Area 2 Planning Committee
Wednesday, 8th February, 2006 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 06/013 Declarations of interest.
There were no declarations of interest made.
AP2 06/014 Minutes
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 11 January 2006 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 06/015 Development Control
Decisions were taken on the following applications subject to the prerequisites, informatives, conditions or reasons for refusal set out in the report of the Director of Planning and Transportation, or the variations listed 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 applications. Speakers are listed under the relevant planning applications shown below.
AP2 06/016 TM/05/03274/OA - Baytree House, 171 Butchers Lane, Mereworth
Outline application for demolition of existing dwelling and construction of two detached dwellings at
Baytree House, 171 Butchers Lane, Mereworth.

RESOLVED: that the application be

REFUSED for the following reason: -

(1) The existing built form on the site, contributes to the character of this part of the village and provides a contrast in the overall streetscene in the context of the more modern surrounding development, as does the tall hedge on the frontage of the site. The loss of these features and the redevelopment of the site as proposed would therefore be contrary to policy P4/11 of the Tonbridge and Malling Borough Local Plan.

[Speakers: Mr Reynolds - Mereworth Parish Council, Mr Wells - Campaign to Protect Rural England, and Mr Wakefield - member of the public]
AP2 06/017 TM/05/02490/FL - 249 London Road, West Malling
Construction of 2 no. detached houses with garage at
249 London Road, West Malling.

RESOLVED: that the application be

DEFERRED for a further Members' site inspection.


AP2 06/018 TM/05/01893/FL & TM/05/01902/CA - 83-85 The Street, Mereworth
(A) Demolition of petrol filling station and erection of detached dwelling at 83-85 The Street, Mereworth.

(B) Conservation Area Consent: Demolition of existing petrol filling station at 83-85 The Street, Mereworth.

RESOLVED: That application

(A) be REFUSED for the following reason: -

(1) the loss of the existing building would be detrimental to the character and amenity of the Conservation Area and the design and appearance of the proposed replacement new dwelling would not adequately reinstate the character lost nor mitigate the harm caused by the loss of the existing building. The proposal does not therefore fulfil the terms of policy P4/4 of the Tonbridge and Malling Borough Local Plan.

RESOLVED: That application

(B) be REFUSED for the following reason:

(1) the loss of the existing building would be detrimental to the character and amenity of the Conservation Area and the design and appearance of the proposed replacement new dwelling would not adequately reinstate the character lost nor mitigate the harm caused by the loss of the existing building. The proposal does not therefore fulfil the terms of policy P4/4 of the Tonbridge and Malling Borough Local Plan.

[Speakers: Mr Jenner and Mr Simpson - members of the public and Mr Bishop - agent]
AP2 06/019 TM/05/03348/FL & TM/05/03349/LB - Tree Cottage, Yopps Green, Plaxtol
(A) Removal of existing rear extension and erection of a 2 storey side and rear extension
at Tree Cottage, Yopps Green, Plaxtol.

(B) Listed Building Application: Removal of existing rear extension and erection of a two storey side and rear extension at Tree Cottage, Yopps Green, Plaxtol.

RESOLVED: that application

(A) be APPROVED subject to

(1) the amendment of Condition 2 to read:
2. no development shall take place until details of the juxtaposition of the rear extension with the southern boundary have been submitted to and approved by the Local Planning Authority. These details should show the retention or appropriate reinstatement of the existing boundary wall in situ as far as practicably possible, including integration within the extension hereby permitted if necessary. The work shall be carried out in strict accordance with those details.
Reason: to ensure that the development does not harm the character and appearance of the immediate locality and wider Conservation Area.

RESOLVED: That application

(B) be APPROVED subject to
(1) the addition of Condition:
6. no development shall take place until details of a full schedule of works have been submitted to and approved by the Local Planning Authority, and the work shall be carried out in strict accordance with those details.
Reason: to ensure that the development does not harm the character and appearance of the existing building.

[Speakers: Mr Hogg, Mr Sonnex, Mr Rose - members of the public and Mr Clark - applicant]
AP2 06/020 TM/05/02823/FL - Botany Cottage, Maidstone Road, Platt
2 bedroom chalet bungalow at
Botany Cottage, Maidstone Road, Platt.

RESOLVED: that the application be

APPROVED subject to

(1)the amendment of Condition 8 to include reference to permeable/porous surfacing, and the reason to include reference to protecting the wellbeing of the oak tree.

(2) the addition of Condition
12. no development shall be commenced until:
(a) a site investigation has been undertaken to determine the nature and extent of any contamination, and
(b) the results of the investigation, together with an assessment by a competent person and details of a scheme to contain, treat or remove any contamination, as appropriate, have been submitted to and approved by the Local Planning Authority. The assessment and scheme shall have regard to the need to ensure that contaminants do not escape from the site to cause air and water pollution or pollution of adjoining land.

The scheme submitted to pursuant to (b) shall include details of arrangements for responding to any discovery of unforeseen contamination during the undertaking of the development hereby permitted. Such arrangements shall include a requirement to notify the Local Planning Authority of the presence of any such unforeseen contamination.

Prior to the first occupation of the development or any part of the development hereby permitted.

(c) the approved remediation scheme shall be fully implemented insofar as it relates to that part of the development which is to be occupied, and
(d) a Certificate shall be provided by the Local Planning Authority by a responsible person stating that remediation has been completed and the site is suitable for the permitted end use.

Thereafter, no works shall take place within the site such as to prejudice the effectiveness of the approved scheme of remediation.

Reason: in the interests of amenity and public safety (N015)

(3) Additional informative:
6. the granting of this permission does not purport to convey any legal right to block or impede any private right of way which may cross the application site without any consent which may be required from the beneficiaries of that right of way.

[Speaker: Miss Ward - member of the public]

AP2 06/021 TM/05/02436/FL - The Meadows, Hildenborough Road, Shipbourne
Creation of new access and realignment of hedge at
The Meadows, Hildenborough Road, Shipbourne.

RESOLVED: that the application be

REFUSED

(1) In the event of an appeal being lodged against this decision, the Inspector be requested to include a condition requiring the closure of the existing access, should that appeal be allowed.

[Speakers: Mrs Turner, Mrs Wesson, Mr Wesson, Mr Bristow and Ms Edwards - members of the public and Mr Mullally - applicant]
AP2 06/022 TM/05/02434/FL - Land adjoining The Pavilion, known as Drayhorse Meadow, Fields Lane, Wateringbury
Change of use and retention of equestrian related ancillary timber building plus retention of two CCTV 3m high poles at land adjoining The Pavilion, known as Drayhorse Meadow, Fields Lane, Wateringbury.

RESOLVED: that the application be

APPROVED subject to

(1) amendment of Condition 10 to read:
10. no commercial vehicles, materials, caravans, plant or other equipment of any description shall be kept or stored in the open other than in areas and to such heights as may be approved in writing beforehand by the Local Planning Authority.
Reason: to avoid obstruction of vehicle parking/manoeuvring areas and to ensure the character and appearance of the development and the locality is not significantly harmed.

[Speaker: Mrs Stevens - applicant]
MATTERS SUBMITTED FOR INFORMATION
AP2 06/023 List D
The Director of Planning and Transportation submitted a list of applications determined since the date of the previous meeting.

RESOLVED: that the report be received and noted.
AP2 06/024 Planning Appeal Decisions
The Chief Solicitor presented details of recently received Planning Appeal Decisions.

RESOLVED: that the report be received and noted.
AP2 06/025 Forthcoming Public Inquiries and Hearings
The Chief Solicitor presented details of arrangements made for forthcoming Public Inquiries and Hearings.

RESOLVED: that the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 06/026 Exclusion of Press and Public
There were no items considered in private.
The meeting ended at 22.24 hours.

Attendance Details

Present:
Cllr D W P Evans (Chairman), Cllr H S Rogers (Vice Chairman), Cllr Mrs J A Anderson, Cllr M A C Balfour, Cllr Mrs G S Bowden, Cllr M A Coffin, Cllr Mrs J M Harrison, Cllr Mrs E M Holland, Cllr Mrs F A Kemp, Cllr Mrs S L Luck, Cllr B J Luker, Cllr Mrs S M Murray, Cllr T J Robins, Cllr Miss J L Sergison and Cllr M S Worrall.
In attendance:
Apologies for absence were received from Councillors C Brown and R Brown.