| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 09/023 |
Declarations of interest. |
Councillor Coffin declared a personal and prejudicial interest in application TM/08/02102/FL on the grounds that the applicant was known to him. He withdrew from the meeting during the discussion of this application. |
| AP2 09/024 |
Minutes |
RESOLVED: That the Minutes of the Area Planning Committee held on 25 February 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 09/025 |
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 09/026 |
TM/08/02102/FL - Allens Farm, Allens Lane, Plaxtol |
Proposed erection of new multi-purpose agricultural barn, conversion of existing stone barn into a single dwelling (farm house) and conversion of existing storage barn into a B1 office unit at Allens Farm, Allens Lane, Plaxtol. RESOLVED: That the application be APPROVED, subject to (1) S106 Planning Obligation securing the occupation of the new dwelling by an agricultural worker and non-severance of the new dwelling from any part of the associated holding. (2) The following conditions: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. (Z013) Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990. 2. No development shall take place until details and samples of all materials to be used externally have been submitted to and approved by the Local Planning Authority, and the development shall be carried out in accordance with the approved details. (D001) Reason: To ensure that the development does not harm the character and appearance of the existing building or the visual amenity of the locality. 3. No development shall take place until details of joinery to be used for the dwelling and the office unit hereby approved 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 or visual amenity of the locality. 4. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order), no windows or similar openings shall be constructed in the roof of the dwelling or the office unit other than as hereby approved, without the prior written consent of the Local Planning Authority. (D013) Reason: To enable the Local Planning Authority to regulate and control any such further development in the interests of amenity. 5. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping and boundary treatment. All planting, seeding and turfing comprised in the approved scheme of landscaping shall be implemented during the first planting season following occupation of the buildings or the completion of the development, whichever is the earlier. 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. Any boundary fences or walls or similar structures as may be approved shall be erected before first occupation of the building to which they relate and retained thereafter. 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. 6. No development shall take place until details of existing ground levels and proposed floor, eaves and ridge levels for all the buildings to which this permission relates have been submitted to and approved by the Local Planning Authority, and the work shall be carried out in strict accordance with those approved details. Reason: In the interests of rural amenity. 7. 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 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 to 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) 8. The use shall not be commenced nor the premises occupied until the area shown on the submitted layout as vehicle parking and turning space has been provided, surfaced and drained within the site. Surfaces shall be porous or shall discharge run off to permeable areas within the curtilage or to a soakaway Thereafter they shall be kept available for such use by the occupiers and users of the development hereby approved and no development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order) shall be carried out on the land so shown and vehicular access to these areas should not be obstructed or precluded at any time. Reason: In the interests of amenity. 9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order) no development to the dwelling hereby approved shall be carried out within Classes A, B, C, E or H of Part 1 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto. (R001) Reason: In the interests of amenity. 10. The agricultural building hereby approved shall be removed and the land restored to its former condition if its agricultural use ceases within 10 years of completion or first use (whichever is the earlier) unless an alternative use has been granted planning permission. Reason: The building is justified only by virtue of an agricultural function. (3) The following Informatives: 1. Tonbridge and Malling Borough Council operates a wheeled bin, boundary of property refuse collection service. In addition the Council also operates a fortnightly recycling box/bin service. On the day of collection, the wheeled bin from each property should be placed on the shared entrance at the nearest point to the adopted KCC highway. The Council reserves the right to designate the type of bin/container. The design of the development must have regard to the type of bin/container needed and the collection method. 2. It should be noted that the protection afforded to species under UK and EU legislation is irrespective of the planning system and the applicant should ensure that any activity that they undertake on the application site (regardless of the need for planning consent) complies with the appropriate wildlife legislation. Failure to do so may result in fines and, potentially, a custodial sentence. [Speaker: Mr Wise, agent] |
| AP2 09/027 |
TM/08/01699/FL - 40 King Street, West Malling |
Demolition of existing buildings and erection of 3 no. residential dwellings with parking and associated landscaping at 40 King Street, West Malling. RESOLVED: That the application be REFUSED for the following reason: (1) The proposed redevelopment will result in the loss of a site and premises used as a vehicle repair garage that would be contrary to Policy CP26 of the Tonbridge and Malling Borough Core Strategy 2007 because such loss would be detrimental to the range of services that meet community needs and contribute to the character of the Rural Service Centre of West Malling, without an alternative or equivalent facility being made available, and because the applicant has not demonstrated that there is an absence of need or adequate support for the facility. [Speaker: Mr A Warrener and Mr P Reckless, members of the public] |
| AP2 09/028 |
TM/08/03690/FL - Land adjoining 31 Brickfields, West Malling |
Dwelling and demolition of existing garage at land adjoining 31 Brickfields, West Malling. RESOLVED: That the application be DEFERRED for a Members' Site Inspection. [Speaker: Mr D Hudson, Agent] |
| AP2 09/029 |
TM/08/03758/FL - Land East of St Lawrence Church, The Street, Mereworth |
Replacement of all buildings on site with one new single storey office building at land east Of St Lawrence Church, The Street, Mereworth. RESOLVED: That the application be APPROVED, subject to reference to Secretary of State as a Departure from the Development Plan and subject to the following: (1) Amend Condition 10 (previously condition 11): The premises and all associated land within the application site shall be used for uses within Use Class B1(a) (offices) and for no other purpose (including any other purpose in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument amending, revoking and re-enacting that Order). Reason: The protection of the rural character and amenities of the immediate locality. (2) The addition of Conditions: 15. Prior to first occupation of the development hereby permitted, details of all external lighting in terms of the design, location and hours of use shall be submitted to the Local Planning Authority for approval. No external lighting shall be installed or used other than in accordance with the approved details. Reason: In the interests of rural amenity. 16. No development shall take place until details of existing ground levels and proposed floor, eaves and ridge levels have been submitted to and approved by the Local Planning Authority, and the work shall be carried out in strict accordance with those approved details. Reason: In the interests of rural amenity. 17. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification which has been submitted to and approved by the Local Planning Authority. Reason: To ensure that features of archaeological interest are properly examined and recorded. (3) The addition of informatives: 4. The applicant is advised that the details to be permitted pursuant to condition 16 should demonstrate that the height of the new building will at no point exceed the height of the existing buildings on the site. 5. The applicant is advised that the details to be submitted pursuant to condition 5 should include substantial screen planting on the western boundary of the application site. NOTE: Caseworker to send a letter to accompany the Decision Notice explaining that planning permission has only been granted because the proposed use of the building reflects the existing lawful use of the site, and that any future proposal for residential use is likely to be strongly resisted by the Borough Council. [Speaker: Mr M Willis, agent] |
| AP2 09/030 |
TM/08/01974/FL - 2 Keepers Cottages, Hurst Wood, Platt |
Retrospective application for a triple car port with annex, residential accommodation above at 2 Keepers Cottages, Hurst Wood, Platt. RESOLVED: That (1) the application be REFUSED on the following grounds: 1. The Local Planning Authority considers that the development entails the erection of a dwelling house within the Metropolitan Green Belt and rural area, rather than a residential annexe that is genuinely incidental and ancillary to the host dwelling. The erection of a dwelling house within this site is inappropriate and, therefore, contrary to current Government guidance contained in PPG2 and PPS 7, policies SS2 and HP5 of the Kent and Medway Structure Plan 2006 and policies CP3 and CP4 of the Tonbridge and Malling Borough Core Strategy 2007. (2) 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 erection of a single family dwelling house. ~Reasons for Issuing The Notice: The Local Planning Authority considers that the development entails the erection of a dwelling house within the Metropolitan Green Belt and rural area, rather than a residential annexe that is genuinely incidental and ancillary to the host dwelling. The erection of a dwelling house within this site is inappropriate and, therefore, contrary to current Government guidance contained in PPG2 and PPS7, policies SS 2 and HP 5 of the Kent and Medway Structure Plan 2006 and policies CP 3 and CP 14 of the Tonbridge and Malling Borough Core Strategy 2007. ~Requirement: To cease the use of the building as a single family dwelling house and to use the building only for purposes ancillary to the use of the dwelling house known as 2 Keepers Cottages. ~Period for Compliance: Six months from the date the Enforcement Notice takes effect. [Speaker: Mr B Baker, Platt Parish Council and Mr D Nicolson, agent] |
| AP2 09/031 |
TM/08/03668/FL - 16 The Orpines, Wateringbury |
Removal of two garages. New extensions and alterations to existing residential care home at 16 The Orpines, Wateringbury. RESOLVED: That the application be APPROVED, subject to reference to Secretary of State as a Departure from the Development Plan and subject to the following: (1) Amendment to Condition 10. 10: Prior to completion of the first phase of construction, details of all external lighting in terms of the design, location and hours of use shall be submitted to the Local Planning Authority for approval. No external lighting shall be installed or used other than in accordance with the approved details. Reason: In the interests of rural and residential amenity. (2) The addition of Informatives: 3. You are advised that details submitted pursuant to condition 2 are expected to comprise of materials of traditional Kentish appearance. 4. You are advised that details submitted pursuant to condition 5 are expected to show substantial landscape screening to the southern boundary to the A26. [Speaker: Mr Nicolaides, member of the public] |
| AP2 09/032 |
TM/08/01824/FL - Parkfoot, 2 London Road, Leybourne |
This application was WITHDRAWN FROM THE AGENDA |
| AP2 09/033 |
TM/08/03288/FL - Oakwood Poultry Farm, Land at Oakwood and Oakwood Farm Cottage, Vigo Road, Fairseat |
Demolition of 1192 msq of floorspace and change of use of four poultry buildings to eight live/work units and associated landscaping at Oakwood Poultry Farm, land at Oakwood and Oakwood Farm Cottage, Vigo Road, Fairseat, Sevenoaks. RESOLVED: That the application be APPROVED [Speaker: Mr J Collins, agent] |
| AP2 09/034 |
(A) TM/09/00144/FL; (B) TM/09/00145/CA; (C) TM/08/02749/FL & (D) TM/08/02750/CA - Little Mount, The Street, Plaxtol |
(A) Demolition of existing dwelling and construction of two detached dwellings (resubmission of TM/08/02749/FL) at Little Mount, The Street, Plaxtol. (B) Conservation Area Consent: Demolition of existing bungalow and construction of two detached dwellings (resubmission of TM/08/2750/CA) at Little Mount, The Street, Plaxtol. (C) Demolition of existing dwelling and construction of two detached dwellings (resubmission of TM/07/03561/FL) at Little Mount, The Street, Plaxtol. (D) Conservation Area Consent: Demolition of existing bungalow and construction of two detached dwellings (resubmission of TM/07/03562/CA)at Little Mount, The Street, Plaxtol. RESOLVED: That application (A) be REFUSED (B) be REFUSED (C) The Planning Inspectorate BE INFORMED that the Council would have REFUSED Planning Permission for the following reasons: 1 The proposed dwellings are partly sited in the Green Belt and are harmful by reason of their inappropriateness and by their impact on the openness and visual amenities of the Green Belt. No case of very special circumstances has been demonstrated. The proposal is thereby contrary to PPG2 (Green Belts); Policy SS2 of the Kent and Medway Structure Plan 2006 and Policies CP3 and CP14 of the Tonbridge and Malling Borough Core Strategy 2007. 2. The proposed dwellings are partly sited beyond the confines of the rural settlement of Plaxtol and thereby detrimentally impact on the amenities of the rural area. The proposal is thereby contrary to PPS7 (Sustainable Development in Rural Areas); Policy HP5 of the Kent and Medway Structure Plan 2006 and Policy CP14 of the Tonbridge and Malling Borough Core Strategy 2007 (D) The Planning Inspectorate BE INFORMED that the Council would have REFUSED Conservation Area consent for the following reason: 1. The demolition of the building, located within a designated Conservation Area, would be premature in the absence of any approved proposal to replace it and would damage the character and appearance of the Area, which it is desired to preserve and enhance. The proposal is therefore contrary to Planning Policy Guidance Note 15: Planning and the Historic Environment. Mr Groom requested it be noted that he felt the overhead slide and map shown to Members could have been misleading. [Speakers: Platt Parish Council, Ms J Harrison and Mrs K Barden, members of the public and Mr T Groom, applicant] |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 09/035 |
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 09/036 |
Planning Appeal Decisions |
The Central Services Director submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| AP2 09/037 |
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 09/038 |
Exclusion of Press and Public |
There were no items considered in private. |