Meeting documents

Area 2 Planning Committee
Wednesday, 13th June, 2007 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 07/063 Declarations of interest.
There were no declarations of interest made.
AP2 07/064 Minutes
RESOLVED: That the Minutes for the meeting of Area 2 Planning Committee held on Wednesday 16 May 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 07/065 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 07/066 TM/07/01097/FL - Clipper Cottage, Taylors Lane, Trottiscliffe
Replacement front boundary wall (retrospective) at
Clipper Cottage, Taylors Lane, Trottiscliffe.

RESOLVED: That

(1) the application be

REFUSED

(2) an enforcement notice be ISSUED and 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 construction of a brick and stone retaining wall and steps in excess of one metre in height on the front boundary of the property adjacent to the highway.

Reasons For Issuing The Notice

It appears to the Council that the above breach of planning control has occurred within the last four years. The construction of the retaining wall and associated access steps was completed less than four years ago. Clipper Cottage is the southern most of a terrace of three cottages set on a bank above The Street. The front elevation of the cottages is faced in ragstone with brick detail to doors and windows. There was a brick and ragstone retaining wall with half round brick coping along the front of all three cottages. The southern and central cottages have access steps in the centre of their walls. The premises are unlisted, but within the designated Trottiscliffe Conservation Area. Although altered, the cottages have retained much of their original character and appearance and greatly contribute to the attractive street scene. The original wall to the front of Clipper Cottage was leaning and has been demolished and replaced by a new wall that does not match the original and adjacent walls in respect of its height, appearance, design and materials used. The new retaining wall, by reason of its design and the materials used is harmful to the character and appearance of the Conservation Area, contrary to Government policies and guidance set out in Planning Policy Guidance 15: Planning and the Historic Environment and is contrary to Policy QL6 of the Kent and Medway Structure Plan 2006 and to Policy P4/4 of the Tonbridge and Malling Borough Local Plan 1998. The Council has refused to grant retrospective planning permission for the retention of the retaining wall because planning conditions could not overcome the policy objections to the development. The service of the Enforcement Notice is required to ensure the proper planning of the area and to remedy a serious injury to the amenity of the Conservation Area.

Requirement

1. Demolish that part of the retaining wall between points A - B and C - D marked on the plan attached to the Notice.

2. Reconstruct the retaining wall between the points A - B and C - D on 2 courses of ragstone base with brick quoins and walls above in Flemish garden wall bond using second hand clay bricks of a colour and texture to match the adjoining wall (as identified below) with flush pointed joints and with a half round coping course all to match the style, appearance and height of the original surviving part of the wall to the front of the adjoining cottage (Sharon Cottage) and as shown on the drawing attached to the Notice.

Period For Compliance

6 calendar months from the date that the Notice takes effect.

(3) In the event of the Enforcement Notice 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.
AP2 07/067 TM/07/01125/FL - 18 Staleys Road, Borough Green
Two storey and single storey side extensions and replacement conservatory at
18 Staleys Road, Borough Green.

RESOLVED: That the application be

DEFERRED for a Members' site inspection. A plan to be provided advising Members of where to park in the locality.
AP2 07/068 (A) TM/07/01373/FL & (B) TM/07/01374/LB - Hale Place Cottage, 43 Hale Street, East Peckham
(A) Erection of a garden room at Hale Place Cottage, 43 Hale Street, East Peckham.

(B) Listed Building Application: Erection of a garden room at Hale Place Cottage, 43 Hale Street, East Peckham.

RESOLVED: That application

(A) be APPROVED
(B) be APPROVED

[Speaker: Mr Osher - agent]
AP2 07/069 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 use of timber stables for keeping horses ancillary to the domestic use of Puttenden Manor at Puttenden Manor, Puttenden Road, Shipbourne.

RESOLVED: That the application be

DEFERRED to enable further information to be sought from the applicant with specific regard to:-

~ the full details of acoustic screening/fencing;
~ clarification of the breakdown of the precise number of horses to be kept at the site; and
~ securing compliance with conditions attached to previous planning permission in terms of the removal of the timber stables.

[Speakers: Mr S Davis - Shipbourne Parish Council; Mrs S Wilson - member of the public and Mr B Hall - agent]
AP2 07/070 TM/07/01426/FL - Windsor Car Breakers, London Road, Addington
Demolition of existing buildings and structures and construction of a new 3610m² self storage building, external areas and upgraded access road at Windsor Car Breakers, London Road, Addington.

RESOLVED: That the application be

APPROVED subject to

(1) the addition of condition:
17. Hours of operation to be restricted to 0700 hours - 2200 hours Monday to Saturday and no opening on Sundays or Bank Holidays.
Reason: In the interests of amenity of nearby residential properties.

(2) Amended condition:
16. The building shall be constructed at the level shown on the approved plans. Temporary or permanent storage within the void areas is prohibited and the void areas shall be kept free of any obstruction at all times.
Reason: In order to reduce the risk of flooding and the impact of flooding on surrounding land.

[Speaker: Mr G Ernest - agent]
MATTERS SUBMITTED FOR INFORMATION
AP2 07/071 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 07/072 Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
AP2 07/073 Forthcoming Inquiries
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 07/074 Exclusion of Press and Public
No matters were considered in private.
The meeting ended at 2050 hours

Attendance Details

Present:
Cllr H S Rogers (Chairman), Cllr T J Robins (Vice-Chairman), Cllr Mrs J A Anderson, 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:
Councillor Heslop was also present pursuant to Council Procedure Rule No. 15.21.

An apology for absence was received from Councillor Balfour.