Meeting documents

Area 2 Planning Committee
Wednesday, 14th June, 2006 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 06/074 Declarations of interest.
Councillor Coffin declared a personal interest in application TM/05/02247/FL, Butts Hill Farm, Wrotham, in that he was an adjoining landowner. He withdrew from the meeting during the debate on this application.
AP2 06/075 Minutes
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 17 May 2006 be approved as a correct record and signed by the Chairman.
AP2 06/076 Chairman's Announcements
The Chairman asked that a one minute silence be observed as a mark of respect following the death of Councillor Mrs Geraldine Bowen, who died on 5 June 2006.
DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION
AP2 06/077 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 and Transportation, 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 06/078 TM/05/02247/FL - Butts Hill Farm, Labour In Vain Road, Wrotham
Variation of condition 1 pursuant to planning permission ref. TM/94/00931/FL (variation of condition (1) of TM/93/1370 to enable occupation of caravans [mobile homes] for 11 months each year from 15 February to 15th January [closed between 16th January and 14th February]) to allow year-round occupation of warden's cabin at Butts Hill Farm, Labour In Vain Road,Wrotham.

RESOLVED: That the application be

APPROVED subject to
(1) the amendment of condition 1 to read:
1. With the exception of the caravan shown as Plot 9, no caravan shall be occupied outside the period 15 February to 15 January in any calendar year. The caravan shown as Plot 9 shall be occupied only by a warden currently employed and/or solely responsible for the management of caravans at the application site together with any dependant(s).
Reason: In accordance with the terms of the application and to ensure that, other than the wardens caravan, the caravans are not occupied on a permanent basis as the site lies in an area where new dwellings for occupation on a permanent basis would not normally be permitted.

(2) Addition of informative:
4. The applicant, or any subsequent site owners, must ensure that any mobile home units located on this site pursuant to this permission accord with the legal definition of a caravan as set out in the Caravan Sites Act 1968 (or any subsequent amendment of the definition).

[Speakers: Mr R Woodger and Ms P Leeves - members of the public]
AP2 06/079 TM/06/00931/FL - Land Rear Of Hortondene, The Street, Ightham
Construction of 2 bay garage and access at land rear of Hortondene, The Street Ightham.

RESOLVED: That the application be

APPROVED subject to
(1) the addition of conditions
4. The access hereby approved shall be used solely to gain vehicular access to the domestic garage hereby approved and, not withstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking or re-enacting that order), no further parking or garaging facilities shall be provided within the domestic curtilage of 'Hortondene' without the prior written consent of the Local Planning Authority.
Reason: In the interests of vehicular and pedestrian safety.
5. No lighting shall be installed to illuminate the access hereby approved unless details of the location, height and design of the lights have been submitted to and approved by the Local Planning Authority.
Reason: In the interests of visual amenity.
(2) the amendment of Informative 1 to read:
1. This permission does not purport to convey any legal right to undertake works or development on land outside the ownership of the applicant without the consent of the relevant landowners, and the applicant is advised not to carry out any development until the issues of land ownership/rights of way have been resolved.
AP2 06/080 TM/05/02804/FL - Beechin Wood Farm, Beechinwood Lane, Platt
Garage and store (retrospective)at Beechin Wood Farm, Beechinwood Lane, Platt.

RESOLVED: That the application be

APPROVED
AP2 06/081 TM/05/02198/FL - RSPCA Centre, 199 Castle Way, Leybourne
Additional staff accommodation to existing animal centre at RSPCA Centre,199 Castle Way, Leybourne.

RESOLVED: That the application be

APPROVED

AP2 06/082 TM/06/00878/TEPN56 - Land North of Childeric House, Tonbridge Road, Mereworth
Telecommunications installation compromising 1 no. 15m overall height brown monopole mast incorporating 3 no. antennas, 1 no. microwave dish, radio equipment housing and ancillary development at
land north of Childeric House, Tonbridge Road, Mereworth.

RESOLVED: That

PRIOR APPROVAL BE GRANTED
AP2 06/083 TM/06/00593/FL - The Chase, Sandy Lane, Ivy Hatch
Change of use of studio to office (retrospective)at
The Chase, Sandy Lane, Ivy Hatch.

RESOLVED: That the recommendation be

RUFUSED for the following reasons:
(1) This commercial form of development is considered to be sited in an unsustainable location and the Local Planning Authority also considers that the proposal would cause harm to the special rural character and amenities of this locality, which is a designated Special Landscape Area and an Area of Special Character, through the extent of car parking and other activities likely to be attracted to the site. As such, the proposal is contrary to Government policy contained within Planning Policy Statement Notes 1 & 7, Planning Policy Guidance Note 13 and policies S1, ENV4, RS1, RS4, RS5 or the Kent Structure Plan 1996 and policies SS3, SS7 and TP2 of the Kent and Medway Structure Plan 2003 and policies P3/6, P4/8 and P4/11 of the Tonbridge and Malling Borough Local Plan.
(2) the proposal would give rise to unacceptable harm to the residential amenities of nearby dwellings and to users of the surrounding rural lanes by virtue of the additional traffic generated in connection with the business use and, therefore, the proposals are considered to be contrary to Policy RS1 and RS5 of the Kent Structure Plan 1996 and P4/11 of the Tonbridge and Malling Borough Local Plan.

[Speakers: Mrs J Weiland, Ms A Cooper and Mrs Rowell - members of the public and Mr S Davies - agent]
AP2 06/084 TM/06/00762/WAS - Blaise Farm Quarry, Kings Hill
Development of a fully enclosed composting facility within the confines of the previously excavated area (KCC ref. TM/06/TEMP/0009)at
Blaise Farm Quarry, Kings Hill, West Malling.

RESOLVED:
(1) That Kent County Council be advised that the Borough Council RAISE NO OBJECTION, subject to amendment to 6.1 bullet point 2 to read:
~ As great a level of control as possible should be exercised over the routing of vehicles accessing the site to ensure that they deliver contract waste via Junction 4 of the M20 Motorway and the A228 where possible - in particular the Borough Council would wish no traffic to approach the site via the villages of West Malling, Offham or Mereworth. The same restrictions should be applied to vehicles removing unused waste or "finished products" from the site. KCC is to ensure that any contracts issued include vehicle routing agreements reflecting the route identified above and should also encourage partner authorities to include similar restrictions on any contracts that they enter into. TMBC wishes to be consulted upon the full details of any routes that are included within the contracts. Additionally, KCC is asked to require the applicants to monitor and log vehicle arrivals to the site so that these records can be inspected.
(2) That the Director of Health of Housing be requested to ensure that any waste contracts to which TMBC is a party include restrictions on the routing of vehicles, as set out above.


AP2 06/085 TM/05/03170/FL - Land South West Of 1-4 Dutts Cottages, Teston Road, Offham
Temporary living accommodation ancillary to main dwelling (retrospective)at land south west of 1-4 Dutts Cottages, Teston Road, Offham.

RESOLVED: That the application be

DEFERRED for a Members' site inspection

[Speakers: Ms C Innes - Offham Parish Council and Mrs Stokes - on behalf of applicant]
AP2 06/086 TM/05/03570/OA - Land At And Including 20 And 22 Wrotham Road, Borough Green
Outline Application: Demolition of existing dwellings and construction of 6 no. 1 bed apartments, 12 no. 2 bed houses and 4 no. 3 bed houses at land at and including 20 And 22 Wrotham Road, Borough Green.

RESOLVED: That the application be

REFUSED for the following reasons:
(1) The proposed dwellings located on the front third of the site would be unacceptably affected by noise from vehicular traffic since that part of the site lies within NEC C and, as such, the proposal would be contrary to the provisions of policy P3/17 of the Tonbridge and Malling Borough Council, policy NR6 of the Kent and Medway Structure Plan and current Government guidance contained with PPG24 (Planning and Noise).
(2) The Local Planning Authority is not convinced that the layout and illustrative street scene submitted demonstrate that the scale, density, layout and extent of built form of the proposed development would be appropriately in keeping with the character of surrounding pattern of development and the proposed development would, therefore, be contrary to the guidance of PPG3 and the emerging PPS3 and policy P4/11 of the Tonbridge and Malling Borough Local Plan 1998.
(3) The Local Planning Authority is not convinced that the layout submitted demonstrates that the development would appropriately respect the character and setting of the adjacent Grade II Listed Building at 18 Wrotham Road. As such, the proposals are considered to be contrary to policy QL8 of the Kent and Medway Structure Plan and policy P4/1 of the Tonbridge and Malling Borough Local Plan 1998.
(4) The development would be served by an inadequate level of car parking and as such is contrary to policy P7/18 of the Tonbridge and Malling Borough Local Plan 1998 and current Government advice contained within paragraph 51 of PPG 13 Transport.

[Speakers: Mrs B Woodhams and Mr J McWilliam - members of the public and Mr R Clark - agent]
MATTERS SUBMITTED FOR INFORMATION
AP2 06/087 List D
The Director of Planning and Transportation submitted a list of applications determined since the date of the previous meeting.

RESOLVED: That the report be received and noted.
AP2 06/088 Forthcoming Public 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.
AP2 06/089 New Postal Addresses
The Chief Solicitor presented details of new postal addresses allocated.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 06/090 Exclusion of Press and Public
The Chairman moved, it was seconded and

RESOLVED: That as public discussion would disclose exempt information the following matters be considered in private.
PART 2 - PRIVATE
MATTERS SUBMITTED FOR INFORMATION
AP2 06/091 Beechin Wood Farm Application TM/05/02804/FL
Reason: LGA 1972 - Sch 12A paragraph 5 - Legal Advice

  • (Attachment: 24)Report of the Chief Solicitor
The report of the Chief Solicitor advised of the implications of refusing this application.

RESOLVED: That the report be received and noted.
The meeting ended at 2245 hours.

Attendance Details

Present:
Cllr D W P Evans (Chairman), Cllr H S Rogers (Vice-Chairman), Cllr Mrs J A Anderson, Cllr M A C Balfour, Cllr C Brown, Cllr R C Brown, Cllr M A Coffin, Cllr Mrs J M Harrison, 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 Miss J L Sergison and Cllr M S Worrall.
In attendance:
An apology of absence was received from Councillor T Robbins.