Meeting documents

Area 2 Planning Committee
Wednesday, 13th February, 2008 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 08/013 Declarations of interest.
There were no declarations of interest made.
AP2 08/014 Minutes
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 9 January 2008 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 08/015 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 08/016 (A) TM/07/01879/FL and (B) TM/07/01878/LB - 62 High Street, West Malling
(A) Change of use of building to A3/A4 use with associated minor alterations at 62 High Street West Malling.

(B) Listed Building Application: Change of use of building to A3/A4 (restaurant, cafe, public house)at 62 High Street West Malling.

RESOLVED: That applications (A) and (B) both be

DEFERRED to enable officers to investigate the car parking situation in West Malling after 21.30 hours.

[Speakers: Mr H Hanley and Sir Best-Shaw, members of the public]
AP2 08/017 TM/07/03880/FL - Puttenden Manor, Puttenden Road, Shipbourne
Use (part retrospective) of land and buildings for the training of horses, and the construction of an alternative means of access from Puttenden Road, and the erection of 3 x 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

APPROVED subject to the following:-

(1) Amend Condition 3:
3. Notwithstanding the submitted siting details of the acoustic fencing, within 1 month of this planning permission, full details of the design, construction and position of the proposed acoustic fence and/or gates and landscape screening thereof shall be submitted for the approval of the Local Planning Authority, and the work shall be carried out in strict accordance with the approved details within 3 months of the approval of those details and shall be so retained thereafter.

Reason: In the interests of neighbouring residential amenities.

(2) Addition of informative:
1. The applicant is advised that, in undertaking the works hereby approved, due regard should be had to the provisions of the Wildlife and Countryside Act 1981 relating to the protection of species and habitats. The applicant is recommended to seek further advice from the Kent Wildlife Trust, Tyland Barn, Sandling, Maidstone, Kent ME14 3BD.

[Speakers: Ms L Sargent, Shipbourne Parish Council; Mr G Taylor, Mrs V Packer for Mrs P Williams, Mrs Wilson, members of the public and Mrs L Bull, applicant]
AP2 08/018 TM/07/03347/FL - Wateringbury Place, 50 Canon Lane, Wateringbury
All weather helicopter landing pad and associated earthworks and lighting at
Wateringbury Place, 50 Canon Lane, Wateringbury.

RESOLVED: That the application be

REFUSED for the following reason: -

(1) The proposal will facilitate helicopter flights on potentially up to 20 days additional to those permitted under Part 4 Class B of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995. The likely increase in the number of noise events and the random pattern of those noise events would harm the tranquil character of the Wateringbury Conservation Area. In the opinion of the Local Planning Authority, the nature and level of the additional activity is not justified by the case set out in support of the application. The proposal is therefore contrary to PPG15 (Planning and the Historic Environment) and Policy QL6 of the Kent and Medway Structure Plan 2006.

[Speaker: Mrs K Averill, Wateringbury Parish Council]
AP2 08/019 TM/07/00794/FL - 39 Nutfields, Ightham
Removal of condition 3 (The garage shall not be used for any other purpose than the accommodation of private vehicles or for a purpose incidental to the enjoyment of the related dwellinghouse and no trade or business shall be carried on therefrom) of planning permission TM/04/02763/FL: Conversion of double garage to habitable room at 39 Nutfields, Ightham.

RESOLVED: That the application be

APPROVED

[Speakers: Mr Mason, member of the public and Mr Metcalfe, applicant]
AP2 08/020 TM/06/02417/FL - Tagmar, Hale Street Farm, 152 Hale Street, East Peckham
Erection of building for part use as agriculture and part use for tank storage business and change of use of existing barn to storage (retrospective)at Tagmar, Hale Street Farm, 152 Hale Street, East Peckham.

RESOLVED: That the application be

(1) REFUSED; and

(2) 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).
Breaches of Planning Control Alleged

1. The erection of an open sided building.
2. Use of the detached barn for storage use.
3. Change of use of the site from agricultural use to use for a tank business including associated open storage.

Reasons for Issuing the Notice

The Local Planning Authority is satisfied that the breaches alleged have occurred within the last four (ten) years (as appropriate). The breaches constitute inappropriate development within the Metropolitan Green Belt for which there is no justifiable case of very special circumstances. They are therefore contrary to PPG2 Green Belts, policy SS2 of the Kent and Medway Structure Plan 2006 and policy CP3 of the Tonbridge and Malling Core Strategy 2007.

The unauthorised building and the unauthorised change of use involving extensive areas of external open storage give rise to unacceptable harm to the openness of the Metropolitan Green Belt and rural character of the locality. These developments are therefore contrary to PPG2 Green Belts and policy EP7 of the Kent and Medway Structure Plan 2006.

The use, by virtue of there being no evidence that the scheme would support the viability of an existing agricultural enterprise, cannot be considered to form appropriate farm diversification proposal. It is therefore contrary to PPS7, Draft Consultation PPS4, policies SS8 and EP8 of the Kent and Medway Structure Plan 2006 and policy CP14 of the Tonbridge and Malling Core Strategy 2007.

Requirements

1. Remove the open sided building and all arisings.
2. Cease the use of the detached barn for storage purposes not in connection with agricultural use.
3. Cease the use of the site for open storage unrelated to agriculture and remove all associated equipment from the site.

Period For Compliance

3 Months.

Further Proceedings

In the event of the Enforcement Notice(s) not being complied with and subject to satisfactory evidence, the Chief Solicitor be authorised to commence any proceedings which may be necessary under Section 179 of the Town and Country Planning Act 1990 (as amended) to secure compliance with the Enforcement Notice(s).
AP2 08/021 (A) TM/07/03969/RM and (B) TM/07/04000/RM - (A) 1 Jubilee Way, Kings Hill and (B) Jubilee Way, Kings Hill
(A)3 storey B1 development with separate energy centre building and associated landscaping and car parking (approval of reserved matters TM/05/00163/FL) at 1 Jubilee Way, Kings Hill.

(B) New access road from Tower View, Kings Hill (to be known as Jubilee Way)at Jubilee Way, Kings Hill.

RESOLVED: That application

(A) be APPROVED subject to the following:

(1) Amend Condition 1:
1. The development shall be accessed as detailed in application TM/07/04000/RM or by an alternative scheme, the details of which shall be submitted to and approved in writing by the Local Planning Authority. The premises shall not be occupied until an access to Tower View has been completed as approved.

Reason: To ensure adequate access to the premises.

(2) Additional informatives:
3. You are reminded of the need for finished floor levels and roof and parapet levels to comply with the details hereby approved.

4. The applicant is invited to consider scope for reduction in slab levels to minimise the visual impact of the building.

RESOLVED: That application

(B) be APPROVED subject to

(1) The addition of informative:
2. The applicant to be advised that the Council would suggest that there is need for advance structural landscaping to screen future development at Kings Hill from the neighbouring rural area, especially regarding any impact on the setting of the New Barns Conservation Area.

[Speakers: Mr N Robinson, Mrs D Williams, Mrs R Robinson-Hugill and Mr A Masters, members of the public]
AP2 08/022 TM/07/04079/FL - Oakwood Poultry Farm, Land at Oakwood and Oakwood Farm Cottage, Vigo Road, Fairseat
Part demolition and change of use of four chicken sheds and barn to B1(c) light industrial at Oakwood Poultry Farm, land at Oakwood and Oakwood Farm Cottage, Vigo Road, Fairseat.

Application WITHDRAWN.
AP2 08/023 TM/06/04030/FLEA - Former Stocks Nightclub and 1 and 2 Spring Villas, London Road, Wrotham
Construction of 139 bedroom hotel with adjoining conference and leisure facilities, car parking, landscaping and associated access at former Stocks Nightclub and 1 and 2 Spring Villas, London Road, Wrotham.

RESOLVED: That the application be

REFUSED

[Speakers: Mr H Rayner, Wrotham Parish Council and Mrs E Whettingsteele, agent]
MATTERS SUBMITTED FOR INFORMATION
AP2 08/024 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 08/025 Planning Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
AP2 08/026 Forthcoming Planning Inquiries and Appeals
The Chief Solicitor 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 08/027 Exclusion of Press and Public
No matters were considered in private.
The meeting ended at 2258 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 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 Evans.