Meeting documents

Area 2 Planning Committee
Wednesday, 12th September, 2007 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 07/094 Declarations of interest.
There were no declarations of interest made.
AP2 07/095 Minutes
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 1 August 2007 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 07/096 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 07/097 TM/06/01826/FL & TM/06/01829/LB - Control Tower, Alexander Grove, Kings Hill
(A) Change of use and extension to form delicatessen and bistro on ground floor, and single residential unit at first and roof top level at Control Tower, Alexander Grove, Kings Hill.

(B) Listed Building Application: Change of use and extension to form delicatessen and bistro on ground floor, and single residential unit at first and roof top level at Control Tower, Alexander Grove, Kings Hill.

RESOLVED: That application

(A) be REFUSED for following reason:-

(1) The proposed mixture of uses would lead to potential for disturbance to existing dwellings and those anticipated to be developed nearby, by virture of the attraction of customers to this location immediately adjacent to residential areas, including particularly as a result of the level and nature of comings and goings, and the associated parking of of vehicles by customers.

(B) be REFUSED for the following reason:-

(1) In the absence of planning permission for the proposed use and development, there is no justification for the proposed alterations to this listed building.

[Speaker: Mr D Hicken, agent]

AP2 07/098 TM/07/01128/FL - Puttenden Manor, Puttenden Road, Shipbourne
Change of use (retrospective) of land and buildings for the training of horses, and the construction of an alternative means of access from Puttenden Road and erection of 3 timber stables and feed store for keeping horses ancillary to the domestic use of Puttenden Manor at Puttenden Manor, Puttenden Road, Shipbourne.

RESOLVED: That the application be

REFUSED for the following reasons:-

(1) The Local Planning Authority does not consider that the amendments that have been introduced are sufficient to satisfactorily overcome the reason for refusal cited in respect of application reference TM/06/02415/FL. The commercial use, as proposed to be operated, would still introduce activities of a different character, creating unacceptable noise and disturbance to local residents by virture of the scale and nature of that activity. The development is thereby contrary to Polices SS8 and EP7 of the Kent and Medway Structure Plan 2006 and Policies P4/11, P6/13 and P6/4 of the Tonbridge and Malling Borough Local Plan 1998.

(2) The Local Planning Authority does not consider that suitable conditions could be imposed that would sufficiently ameliorate the impact of the development upon residential amenity.

[Speakers: Mr S Davis, Shipbourne Parish Council; Mrs S Wilson, member of the public and Mr B Hall, Agent]
AP2 07/099 TM/06/04033/FL - West Malling Magistrates Court, Police Station Road, West Malling
Demolition of existing Magistrates Court and erection of residential retirement development of 10 no. flats with associated parking and vehicular access (for occupation by individuals of 55 years of age and above)at West Malling Magistrates Court, Police Station Road, West Malling.

RESOLVED: That the application be

APPROVED subject to:-

(1) The amendment of condition:
8. Within one month of the date of commencement of the development, a scheme shall be submitted to the Local Planning Authority for approval relating to measures to be taken to facilitate and support the enhancement of street lighting in Police Station Road, and the development shall not be carried out other than in accordance with the approved scheme.
Reason: In the interests of community safety and promoting sustainable travel, pursuant to the aims of Policy P7/13 of the Tonbridge and Malling Borough Local Plan and Policy CP2 of the Tonbridge and Malling Local Development Framework Core Strategy.

(2) The addition of informative:
3. The applicant is asked to take all steps reasonably possible to ensure that the redevelopment of this site progresses in tandem with, and is co-ordinated with, that of the adjacent Police Station site.

[Speakers: Mr H Gordon-Lennox, agent]
AP2 07/100 TM/06/03768/FL - 1 Bow Road, Wateringbury
Change of use and layout of ground floor from general store with accommodation to coffee shop, beauty salon and flat at 1 Bow Road, Wateringbury.

RESOLVED: That the application be

APPROVED subject to: -

(1) The amendment of condition:
6. The coffee shop/cafe use element of the development hereby permitted shall be discontinued after being in operation for one calendar year from the date the use commences unless otherwise agreed to in writing by the Local Planning Authority. The applicant and/or the tenant of this part of the building shall advise the Local Planning Authority in writing of the date when this element of the development is to commence, prior to its commencement.
Reason: In order to enable the Local Planning Authority to monitor the impact of the use upon the residential amenity of adjacent properties and highway safety.

(2) The addition of informative:
2. The applicant is reminded that the car park at the rear of the premises is intended for use by staff and residents only.

[Speakers: Mr D Marks, member of the public]
AP2 07/101 TM/07/01238/FL - Land Southeast Of Hazeldene Farm Bungalow, Old Lane, Ightham
Change of use for stationing of two caravans for residential use with associated hard standing, fencing, sheds, septic tank etc for occupation by single gypsy family at land southeast of Hazeldene Farm Bungalow, Old Lane, Ightham.

RESOLVED: That the application be

REFUSED

[Speakers: Mr J Edwards, Ightham Parish Council and Mr J Moore, applicant]
AP2 07/102 TM/07/01987/FL & TM/07/01990/FL - Fre Mel Farm, Comp Lane, Offham
(A)Change of use of part of yard used for the storage and dismantling of scrap vehicles for re-sale, including the removal of existing buildings, to use for the sale of commercial vehicles with ancillary office portacabin at Fre Mel Farm, Comp Lane, Offham.

(B) Change of use of part of yard used for the storage and dismantling of scrap vehicles for re-sale, including the removal of existing buildings, to use for vehicle repairs with the erection of a workshop and a section of 2.4m high security fencing at Fre Mel Farm, Comp Lane, Offham.

RESOLVED: That applications

(A) and (B) be DEFERRED for the following reasons:-

(1) The applicant to submit a Transport Impact Assessment and obtain a Kent County Council Highways comment upon it.

(2) The caseworker to clarify the issue of whether the site is Brownfield land.

(3) The caseworker to check whether the site could still be operated under the current regulations relating to such use.

(4) Consideration of suitability of further conditions to ensure adequate control is exercised over future use and operation of the site.

[Speakers: Ms C Dyer, Offham Parish Council; Mr A Sylvester and Mr D Godfrey, members of the public; Mr A Bishop, agent and Mr D Copeland, applicant]
AP2 07/103 TM/04/04249/FL - Land Rear Of Offham Methodist Church, Teston Road, Offham
Retention of mobile home, touring caravan and utility room for a gypsy family at
land rear of Offham Methodist Church, Teston Road, Offham.

RESOLVED: That the application be

REFUSED

[Speaker: Ms C Dyer, Offham Parish Council]
AP2 07/104 TM/04/00281/FL - The Horseshoes, Sandy Lane, West Malling
Continued use of land for siting of 1 mobile home for permanent residential occupation including installation of septic tank at
The Horseshoes, Sandy Lane, West Malling.

RESOLVED: That the application be

REFUSED

Note: The position on the enforcement notice to be reviewed.

[Speaker: Ms C Dyer, Offham Parish Council
MATTERS SUBMITTED FOR INFORMATION
AP2 07/105 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 07/106 Planning Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
AP2 07/107 Forthcoming Planning Inquiries and Hearings
The Chief Solicitor presented details of the arrangements made for forthcoming Public Inquiries and Hearings.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 07/108 Exclusion of Press and Public
The Chairman moved, it was seconded and

RESOLVED: That as public discussion would disclose exempt information, the following matter would be considered in private.
PART 2 - PRIVATE
AP2 07/109 TM/06/04033/FL- West Malling Magistrates Court
(Reason: LGA 1972 - Sch 12A Paragraph 5 - Legal Advice)

  • (Attachment: 28)Report of Chief Solicitor
The report of the Chief Solicitor set out details of the legal implications of refusing the above application (Minute AP2 06/086 refers).
The meeting ended at 2205 hours.

Attendance Details

Present:
Cllr H S Rogers (Chairman), Cllr T J Robins (Vice-Chairman), Cllr Mrs J A Anderson, Cllr M A C Balfour, Cllr C Brown, Cllr F R D Chartres, Cllr M A Coffin, Cllr Mrs F A English, Cllr D W P Evans, 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 A G Sayer, Cllr Miss J L Sergison and Cllr M S Worrall.
In attendance:
An apology for absence was received from Councillor Mrs E Holland.