Meeting documents

Area 2 Planning Committee
Wednesday, 16th August, 2006 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 06/107 APPOINTMENT OF CHAIRMAN
In the absence of both the Chairman and Vice-Chairman of the Committee, nominations were sought for the appointment of a Chairman to preside over the meeting in accordance with Paragraph 14.2 Part 4 of the Constitution.

RESOLVED: That Councillor Luker be appointed to preside over this meeting of Area 2 Planning Committee.
AP2 06/108 Declarations of interest.
Declarations of interest were made as set out under the relevant planning application listed below.
AP2 06/109 Minutes
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on Wednesday, 19th July, 2006 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 06/110 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 06/111 TM/06/02275/FL - Stanbredges, Potash Lane, Platt
New dwelling and single garage at Stanbredges, Potash Lane, Platt.

RESOLVED: That the application be

REFUSED for the following reason:

(1) The site lies within the Metropolitan Green Belt where there is a strong presumption against permitting inappropriate development, as defined in PPG2: Green Belts and policy SS2 of the Kent and Medway Structure Plan 2006. The proposed development constitutes inappropriate development and is therefore contrary to policy SS2 and also policy P2/16 of the Tonbridge and Malling Borough Local Plan 1998.
(2) The proposal is contrary to Policy HP5 of the Kent and Medway Structure Plan 2006 and Policy P2/17 of the Tonbridge and Malling Borough Local Plan 1998 which state that unless there is clear justification, development will not normally be permitted in rural Kent other than at the villages and small rural towns unless the development falls into one of the special categories listed in policy, none of which applies to the development proposed.
(3) The Local Planning Authority does not consider that there is any justification, in the circumstances of the present application for overriding the planning policy objections and considers that the application is premature in terms of the policy changes proposed through the emerging Local Development Framework.

[Speaker: Mr D Holmes - agent]

(Councillor Mrs Kemp declared a personal and prejudicial interest in the above application on the grounds of being a friend of the applicant. She withdrew from the meeting during consideration of this application.)
AP2 06/112 TM/06/01664/FL - The Bungalow, Teston Road, Offham
Ground floor extensions and provision of new roof to bungalow incorporating rooms within the new roof space and erection of double garage to front at The Bungalow, Teston Road, Offham, West Malling.

RESOLVED: That the application be

REFUSED for the following reason:

(1) The proposal would have a detrimental impact upon, and be out of character, with the street scene in terms of its bulk, height and detailed design and is, therefore, contrary to policies P4/11 and P4/12 of the Tonbridge and Malling Borough Local Plan 1998.

[Speaker: Mrs C Innes - Offham Parish Council]

(Councillor Balfour declared a personal and prejudicial interest in the above application on the grounds of owning the adjoining property. He withdrew from the meeting during consideration of this application.)
AP2 06/113 TM/06/01272/FL - Aldon Farmyard, Aldon Lane, Offham
Modular built workshop - private use and associated change in use from agricultural land to land associated with 'The Apple House' (retrospective) at Aldon Farmyard, Aldon Lane, Offham, West Malling.

RESOLVED: That the application be

DEFERRED for a Members' site inspection.

[Speakers: Mrs C Innes - Offham Parish Council and Mr T Crosse - agent]
AP2 06/114 TM/06/02171/WAS - Borough Green Quarry, Wrotham Road, Borough Green
Recycling of inert waste/crushing and screening to produce secondary aggregate at Borough Green Quarry, Wrotham Road, Borough Green.

RESOLVED: That Kent County Council be advised that the Borough Council OBJECTS to the proposal for the following reasons:

# The proposal is harmful to the Green Belt due to its inappropriateness which has not been justified by a convincing set of "very special circumstances". This is contrary to PPG2 (Green Belts) and Policies SS2 of the Kent and Medway Structure Plan 2006 and P2/16 of the Tonbridge and Malling Borough Local Plan 1998.
# The acoustic report submitted by the applicant appears to be flawed since it does not include a 5dB correction for certain acoustic occurrences such as bangs, clatters or thumps. These will almost certainly occur within the site as a result of the nature of the operations to be carried out. Moreover, there is an unexplained use of "average" levels of noise and the average levels may not adequately take account of existing restrictions on hours of access by HGV traffic. The recycling plant and the associated HGV traffic have the potential to cause increased disturbance to residential properties and harm to the amenities of the Green Belt. This will be contrary to PPG2 (Green Belts), PPG24 (Planning and Noise); Policies SS2, EN1, QL1, NR5 and WM2 of the Kent and Medway Structure Plan; Policy W7 of the KWLP and Policies P2/16 and P4/11 of the Tonbridge and Malling Borough Local Plan 1998.
# The Borough Council is concerned about the number of vehicles that could potentially be generated by the proposed development. On the basis that a maximum of 300,000 tonnes of material will be imported into the site per annum with some 100, 000 tonnes recycled for sale off site, it is possible that in the absence of significant backloads, the number of vehicle movements generated could be greater than those generated by the quarry during its more productive years. This will harm residential amenities and the amenities of the Green Belt and be contrary to PPG2 (Green Belts), Policies SS2, EN1, QL1 and WM2 of the Kent and Medway Structure Plan, Policy W7 of the KWLP and Policies P2/16 and P4/11 of the Tonbridge and Malling Borough Local Plan 1998.
# Inadequate evidence has been submitted from the applicant to confirm that the introduction of recycling will not significantly extend the period of infilling operations at this site with consequent harm to residential amenities and the
amenities of the Green Belt, contrary to PPG2 (Green Belts), Policies SS2, EN1, QL1 and WM2 of the Kent and Medway Structure Plan, Policy W7 of the KWLP and Policies P2/16 and P4/11 of the Tonbridge and Malling Borough Local Plan 1998.

In the event that the County Council is minded to permit the application the Borough Council would ask that the following informative be considered:
# It is requested that measures be imposed to ensure that HGV ingress and egress is to the north, that is, they do not travel through the centre of the village of Borough Green.
AP2 06/115 TM/06/02199/FL - Land Adjacent To Kingscot, Tower Hill, Offham
Demolition of garage and construction of a pair of semi detached houses plus replacement garage serving Kingscot at land adjacent to Kingscot, Tower Hill, Offham, West Malling.

RESOLVED: That the application be

REFUSED for the following reason:

(1) The site is included within a designated Conservation Area. The proposal would result in unacceptable harm to the character and appearance of the surrounding locality, failing to preserve or enhance the character or appearance of the Offham Conservation Area and harming the setting of an adjacent listed building. The proposal would therefore be contrary to policies SP1, QL6 and QL8 of the Kent and Medway Structure Plan 2006 and policies P4/1, P4/4, P4/11 and P6/13 of the Tonbridge and Malling Borough Local Plan 1998.

[Speakers: Mrs C Innes - Offham Parish Council; Mr M Rowe, Mrs M Betts, Mr Cowley, Mr P Lloyd-Williams and Mr Berman - members of the public; Mr C Smith - agent]
AP2 06/116 TM/06/02043/FL - First Floor, 79-81 High Street, West Malling
Change of use to class A2 (financial and professional services) at first floor 79 - 81 High Street, West Malling.

RESOLVED: That the application be

APPROVED and that authority be delegated to the Director of Planning and Transportation subject to an additional condition to regulate hours of operation, the detailed wording of the condition to also be delegated to Director of Planning and Transportation provided the said hours are broadly consistent with the opening hours of the Tescos shop in the premises below.
AP2 06/117 TM/06/00818/FL - Oakwood Farm, Vigo Road, Fairseat
Part demolition and change of use of chicken sheds to B1 (light industrial) and B8 (storage and distribution) uses at Oakwood Farm, Vigo Road, Fairseat, Sevenoaks.

RESOLVED: That the application be

APPROVED subject to:

(1) Addition of condition
10. The floorspace available for B8 (Storage or Distribution) use shall be restricted to 200 sqm.
Reason: In the interests of amenity.
(2) Amendment to condition
4. The business shall not be carried on, and HGVs associated with the uses hereby permitted, shall not be moved within the site, outside the hours of 0700 to 1900 Mondays to Fridays, 0800 to 1300 on Saturdays with no working on Sundays or Public and Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.
Reason: To avoid unreasonable disturbance outside normal working hours to nearby residential properties.
(3) Amendment to informative
1. The applicant is recommended to advise vehicle operators accessing and exiting the site to do so only from the A227 via Vigo Road and not to direct traffic through Platt House Lane or Stansted Lane.

[Speakers: Mr T Sheldon, Mr M Connelly and Mr C Munday - members of the public; Mr Collins - agent]
AP2 06/118 TM/05/03128/LB - Wateringbury Station, Bow Road, Wateringbury
(A) Listed Building Application to remove redundant semaphore and banner at Wateringbury Station, Bow Road Wateringbury.

(B) install new aspect signal, install new equipment case and remove another and to install a telephone at Wateringbury Station, Bow Road Wateringbury.

RESOLVED: That the application be

AGREED subject to:

(1) Amendment to informative
1. The applicant is asked to discuss with other railway undertakings and/or relevant preservation societies and/or Wateringbury Parish Council whether the equipment to be removed could be re-used or put on public display on another site.
(2) The Director of Planning and Transportation be asked to write to the applicant advising them of the unsatisfactory level of information received with this application and to advise that carrying out work to a Listed Building is an offence and they are fortunate that legal proceedings have not been commenced in this instance.

[Speakers: Mr J Brown - member of the public; Ms P Butler and Mr Weston - applicant]
AP2 06/119 05/00088/UNAWKS - Land South West of 1-4 Dutts Cottages, Teston Road, Offham
Land South West Of 1-4 Dutts Cottages, Teston Road, Offham, West Malling.

RESOLVED: That the action indicated in the report of the Director of Planning and Transportation be taken in respect of the alleged unauthorised development and alleged breach of planning control. However, the enforcement notice not to take effect for 3 months or until the determination of a new application.
MATTERS SUBMITTED FOR INFORMATION
AP2 06/120 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 06/121 Planning Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
AP2 06/122 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.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 06/123 Exclusion of Press and Public
No items were considered in private.
The meeting ended at 22.50 hours.

Attendance Details

Present:
Cllr Mrs J A Anderson, Cllr M A C Balfour, Cllr C Brown, Cllr R C Brown, 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 T J Robins, Cllr Miss J L Sergison and Cllr M S Worrall.
In attendance:
Apologies for absence were received from Councillor Evans (Chairman), Councillor Rogers (Vice-Chairman) and Councillor Mrs J Harrison.