Meeting documents

Area 2 Planning Committee
Wednesday, 12th May, 2010 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 10/051 Declarations of interest.
Councillor Sayer declared a personal and prejudicial interest in the alleged unauthorised development 10/00111/UNAWKS at Napps Farm, Long Mill Lane, Platt on the grounds of his close association with the applicant. He withdrew from the meeting during consideration of this item.

Councillor Mrs English declared a personal and prejudicial interest in application TM/10/00294/FL on the grounds of being a close friend of the applicant. She withdrew from the meeting during discussion of this item.
AP2 10/052 Minutes
RESOLVED: That the Minutes of the meeting of the Area 2 Planning Committee held on 31 March 2010 be approved as a correct record and signed by the Chairman, subject to noting Councillor Robins apologies for the last meeting.
DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION
AP2 10/053 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 10/054 TM/09/01623/FL - Little Nepicar Cottage, London Road, Wrotham
Provision of first floor side extension through alteration of catslide roof with dormers into a 'butterfly' pitched roof and addition of single storey extension to rear at
Little Nepicar Cottage, London Road, Wrotham.

RESOLVED: That the application be

REFUSED

[Speaker: Mr R Bonny, applicant]




AP2 10/055 TM/09/02937/OA - Land rear of 56 Town Hill, West Malling
Outline Application for erection of two detached houses and garages at
land rear of 56 Town Hill, West Malling.

RESOLVED: That the application be

REFUSED for the following reason:

(1)The proposed development by reason of the scale, mass and bulk is unduly visually prominent in the immediate locality which is within a Conservation Area. The proposal is therefore detrimental to the visual amenities of the locality and has an adverse effect on the character and appearance of West Malling Conservation Area. The proposal is contrary to Policies CP1, CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and Policy SQ1 of the Tonbridge and Malling Borough Managing Development and the Environment DPD 2010.

[Speakers: Mr M Blanning and Mr Edkins]


AP2 10/056 TM/09/01510/FL - Land to the Rear and 84 - 106 Maidstone Road, Borough Green
Redevelopment of existing petrol filling station and neighbouring garden land to provide a replacement petrol filling station and retail sales building (Tesco Express)
at land to the rear and 84 - 106 Maidstone Road, Borough Green.

RESOLVED: That the application be

DEFERRED for a Members' Site Inspection.


[Speakers: Mr S Ashenden, Mr R Leonard on behalf of Fairseat Residents, Mr Norris, Mr M Taylor, Mr Wells and Mr Lorman - members of the public and Mr Pead on behalf of the applicant]
AP2 10/057 TM/10/00294/FL - Court Lodge, Plaxdale Green Road, Stansted
Partial change of use of barn for up to 14 events and functions per year, in addition to continued use as ancillary residential amenity and agricultural farm storage at Court Lodge, Plaxdale Green Road, Stansted.

RESOLVED: That the application be

APPROVED, subject to the following: -

(1) Amended recommendation to read as follows:

Grant Planning Permission as detailed by Design and Access Statement dated 08.02.2010, Site Plan B0545 D01 dated 08.02.2010, Floor Plan B0545 D02 dated 08.02.2010, Email dated 30.03.2010; Email dated 02.03.2010 in accordance with the following:

Conditions 1 and 3 as per main report.

(2) Amend condition:
2. Noise attributable to the playing of live or recorded music at the premises shall be no more than barely audible at the boundary of the land edged in blue as detailed on location plan B0545 D01 hereby approved.

Reason: To protect the aural environment of nearby dwellings.

(3) Addition of Informative:
1. The applicant is advised to contact Tonbridge and Malling Borough Council's Licensing Officer with regard to the use of the premises. (Melvyn Wood Telephone: 01732 876368)




[Speakers: Ms T Wickenden and Mrs Bourne - members of the public and Ms A Bott - applicant]

AP2 10/058 Alleged Unauthorised Development 10/00111/UNAWKS - Napps Farm, Long Mill Lane, Platt
Alleged Unauthorised Development at Napps Farm, Long Mill Lane, Platt.

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:

The erection of a building within the curtilage of the property known as Napps Farm without the benefit of planning permission.

~Reasons For Issuing The Notice:

The above breach of planning control has occurred within the last four years.

The building is inappropriate development in the Green Belt and is harmful by reason of its inappropriateness and because of its detrimental impact upon the openness and visual amenities of the rural locality by reason of its height and bulk and because of its domination over the host dwelling. The building is also materially larger, in terms of footprint and volume, than the building that it replaced on this site. It is therefore contrary to PPG2 (Green Belts) and Policies CP1, CP3, CP14 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and policy DC1 of the Managing Development and the Environment DPD. The Local Planning Authority is of the view that there are no adequate "very special circumstances" to justify this inappropriate development.

~Requirement:

The building shown hatched on plan TMBC1 shall be demolished and all arisings shall be removed from the site.

~Period For Compliance:

Six calendar months from the date the Notices takes effect.

[Councillor Evans withdrew from the meeting before the discussion of this item.]
MATTERS SUBMITTED FOR INFORMATION
AP2 10/059 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 10/060 Forthcoming Planning Inquiries and Hearings
The report of the Legal Services Partnership Manager advised of forthcoming planning inquiries and hearings.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 10/061 Exclusion of Press and Public
There were no items considered in private.
The meeting ended at 22.22 hours

Attendance Details

Present:
Cllr H S Rogers (Chairman), Cllr T J Robins (Vice-Chairman), Cllr Mrs F Kemp (Second Vice-Chairman), Cllr Mrs J A Anderson, Cllr M A C Balfour, Cllr M A Coffin, Cllr Mrs F A English, Cllr D W P Evans, Cllr Mrs E M Holland, Cllr Mrs S L Luck, Cllr A G Sayer and Cllr M S Worrall.
In attendance:
Councillor Baldock was also present pursuant to Council Procedure Rule No. 15.21.

Apologies for absence were received from Councillors C Brown, Chartres, Mrs Kemp, Luker,
Mrs Murray and Miss Sergison.