Meeting documents

Area 2 Planning Committee
Thursday, 16th December, 2010 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 10/110 Declarations of interest.
There were no declarations of interest made.
AP2 10/111 Minutes
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 27 October 2010 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 10/112 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 in 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 10/113 TM/10/02518/FL - Cob Trees, Hatham Green Lane, Stansted
Demolish existing house and erection of new detached two storey dwelling with detached double garage at Cob Trees, Hatham Green Lane, Stansted.

RESOLVED: That the application be

APPROVED subject to the amendment of the details approved to read:-

'Letter dated 13.09.2010, Letter dated 14.09.2010, Design Statement dated 13.09.2010, Planning Statement dated 14.09.2010, Drawing FLOOD MAP dated 13.09.2010, Site Plan 813-01 dated 13.09.2010, Existing Plans and Elevations 813-02 dated 13.09.2010, Proposed Plans and Elevations 813-103A dated 13.09.2010, Proposed Plans and Elevations 813-102B dated 01.11.2010, Letter dated 01.11.2010, Email dated 05.11.2010, Email dated 14.10.2010, Email dated 13.10.2010, Letter dated 13.10.2010, Letter dated 20.09.2010, Site Plan 813-01C dated 14.10.2010, Planning Layout 813-101C dated 14.10.2010,'

[Speaker: Mr T Rodway, on behalf of applicant]
AP2 10/114 TM/09/03177/FL - Stone House Farm Stables, Long Mill Lane, Platt
Conversion of existing commercial livery stable block and associated outbuildings into 2 no. residential units with ancillary home offices, together with associated parking and landscaping works and removal of condition 1 of planning permission TM/09/00313/FL (use of stable building only for purposes incidental to the residential occupation of Stone House Farm) at Stone House Farm Stables, Long Mill Lane, Platt.

RESOLVED: That the application be

APPROVED subject to

(1) a Legal agreement under Section 106 regarding future use of agricultural land currently associated with the livery, and

(2) the amendment of condition 10 to read:-

10. The use shall not be commenced, nor the premises occupied, until the area shown on the submitted layout as vehicle parking space has been provided, surfaced and drained. Thereafter it shall be kept available for such use and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking or re-enacting that Order) shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.
Reason: Development without provision of adequate accommodation for parking of vehicles could cause conflict with the recreational use of the adjoining site.

[Speakers: Representative of Platt Parish Council and Mrs P Darby, member of the public]
AP2 10/115 TM/10/02177/FL - Aldon Farm, Aldon Lane, Offham
Use of building to house a micro-brewery at Aldon Farm, Aldon Lane, Offham.

RESOLVED: That the application be

REFUSED for the following reasons:-

1. The Local Planning Authority is not satisfied that the re-use of the barn is appropriate farm diversification as it will displace packing and storage facilities necessary for the continued agricultural use of the associated land and the scheme has not been conceived in the context of an overall plan that addresses the requirements for buildings on the farm as a whole. The proposal is therefore contrary to PPS7 (Sustainable Development in Rural Areas), Policy CP14 of the Tonbridge and Malling Borough Core Strategy 2007 and policies DC1 and DC3 of the Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document 2010.

2. The proposed use is likely to result in noise, disturbance and odours, detrimental to neighbouring residential amenities. Given the acknowledged aspirations of the applicant in terms of the potential scale of the proposed business and the likely overall level of activity, the Local Planning Authority is not convinced that the imposition of reasonable conditions would satisfactorily overcome this harm to interests of acknowledged importance. The proposal is therefore contrary to Policies CP1 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and Policy DC1 of the Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document 2010.

[Speakers: Mr S Bates, member of the public and Mr P Herbert, applicant]
AP2 10/116 Alleged Unauthorised Development 10/00020/UNAWKS - Hope Farm, Sandy Lane, Ightham
Alleged unauthorised development at Hope Farm, Sandy Lane, Ightham.

RESOLVED: That consideration of the alleged unauthorised development be

DEFERRED for a Members' site inspection.
AP2 10/117 Alleged Unauthorised Development 10/00416/UNAUTU - East Peckham Social Club rear of 11 The Freehold, East Peckham
Alleged unauthorised development at East Peckham Social Club, rear of 11 The Freehold, East Peckham.

THE REPORT WAS WITHDRAWN FROM THE AGENDA
AP2 10/118 Alleged Unauthorised Development 10/00223/UNAUTU - The Glade, Yopps Green, Plaxtol
Alleged unauthorised development at The Glade, Yopps Green, Plaxtol.

RESOLVED: That

An Enforcement Notice be issued as set out below and copies be 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 Legal Services Partnership Manager, 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 unauthorised change of use of a building from an agricultural use to a workshop within Class B1 of the Town and Country Planning (Use Classes) Order 1987 (as amended).

Reasons For Issuing The Notice:
It appears to the Council that this breach of planning control has occurred within the last 10 years. The continued use of the building as a workshop for commercial purposes unrelated to any agricultural activity on the land will, by reason of its remote location and access arrangements, result in an unsustainable and unsuitable form of development and will detract from the character of the countryside and landscape. The unauthorised use involves increased vehicular comings and goings over a lengthy, narrow, un-surfaced track known as Hare Lane that is also a public right of way without pedestrian footways or verges to the detriment of users of the footpath. The occupier has not demonstrated any local need or justification for the continued use. In the opinion of the local planning authority, any benefits arising from the continuation of this unauthorised use do not outweigh the harm caused; this harm is manifested by harm to the countryside in general and through the unsustainable and unsuitable location. The unauthorised use is therefore contrary to PPS4 (Planning for Sustainable Economic Growth), Policies CP1 and CP24 of the Tonbridge and Malling Core Strategy 2008 and Policy DC1 of the Tonbridge and Malling Managing Development and the Environment Development Plan Document 2010. The Enforcement Notice is necessary to alleviate the nuisance and detriment to amenity resulting from the unauthorised development. The local planning authority does not consider that planning permission should be granted because planning conditions could not overcome these objections.

Requirement:
To permanently stop using the building as a workshop within Class B1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) for commercial uses unrelated to the agricultural use of the land and permanently remove all equipment and paraphernalia associated with the commercial use from the site.

Period For Compliance:
One calendar month from the date that the notice take effect.
AP2 10/119 Alleged Unauthorised Development 10/00184/UNAUTU - Trosley Farm, Addington Lane, Trottiscliffe
Alleged unauthorised development at Trosley Farm, Addington Lane, Trottiscliffe.

RESOLVED: That

An Enforcement Notice be issued as set out below and copies be 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 Legal Services Partnership Manager, 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 decking area.

Reasons For Issuing The Notice:
It would appear to this Authority that the above breach of planning control has occurred within the last four years. The development is inappropriate development within the Green Belt which is, by definition, harmful by reason of that inappropriateness and the harm that is caused to the character and appearance of the countryside. It is an alien and intrusive feature in the countryside because of its siting and design. The development is therefore contrary to PPG2, PPS7, and policies CP3, CP14 and CP24 of the Tonbridge and Malling Borough Core Strategy. For similar reasons it is detrimental to the natural beauty of the Area of Outstanding Natural Beauty and thus contrary to policy CP7 of the Core Strategy. The Enforcement Notice is necessary to alleviate the detriment to amenity resulting from the unauthorised development. The Council does not consider that that planning permission should be granted because planning conditions could not overcome these objections.

Requirement:
To remove the decking area and all arisings from the land.

Period For Compliance:
One calendar month from the date that the notice takes effect.
MATTERS SUBMITTED FOR INFORMATION
AP2 10/120 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 10/121 Planning Appeal Decisions
The report of the Legal Services Partnership Manager advised of planning appeal decisions since the last meeting.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 10/122 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 10/123 TM/09/03177/FL - Stone House Farm Stables, Long Mill Lane, Platt
(Reasons: LGA 1972 Sch 12A Para 5 - Legal Advice)

  • (Attachment: 20)Report of Legal Services Partnership Manager
The report of the Legal Services Partnership Manager provided legal advice in relation to the application for Stone House Farm Stables.

RESOLVED: That the report be received and noted.
The meeting ended at 2230 hours

Attendance Details

Present:
Cllr H S Rogers (Chairman), Cllr Mrs F A Kemp (Second 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 D W P Evans, Cllr B J Luker, Cllr Mrs S M Murray, Cllr Miss J L Sergison and Cllr M S Worrall.
In attendance:
Councillor MacDonald was also present pursuant to Council Procedure Rule No 15.21.

Apologies for absence were received from Councillors Robins (Vice-Chairman), Mrs English, Mrs Holland, Mrs Luck and Sayer.