| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 11/001 |
Declarations of interest. |
There were no declarations of interest made. |
| AP2 11/002 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 16 December 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 11/003 |
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 11/004 |
TM/10/03056/WAS - Blaise Farm Quarry, Kings Hill, West Malling |
Installation of renewable electricity generating equipment with associated alterations to the design of part of consented southern composting hall building with additional car parking spaces (KCC Ref: TM/0360/2010) at Blaise Farm Quarry, Kings Hill, West Malling. RESOLVED: That OBJECTION BE RAISED unless the following concerns are adequately dealt with by the County Council when it formally decides the application. These issues, which should be considered on precautionary principles and in the context of current operations on the site, are the need for controls to deal with: • odour, especially in light of current odour problems in the locality; • HGV movements; • the prevention of the erection of a new building as well as all of the previously permitted building for the composting use already on site; • the movement of materials; • management of surface water; • the prevention of adverse impact from noise and the need for process noise levels not to exceed background levels. KCC is asked to ensure that it fully investigates potential breaches of planning control in terms of the currently approved operations on the site. |
| AP2 11/005 |
TM/10/02151/FL - The Poplars, London Road, Wrotham |
Temporary use of land and buildings for 2 year period for B1/B8 or contractors depot including open storage, siting of portacabins and parking at The Poplars, London Road, Wrotham. RESOLVED: That the application be APPROVED, subject to the following:- (1) Amend condition: 2. There shall be no operation of the business(es) nor use of the site by any related commercial traffic outside the hours of 7.00 to 18.00 Mondays to Fridays and 08.00 to 13.00 on Saturdays with no working/use by commercial traffic 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. (2) Addition of conditions: 8. There shall be no more than 6 portacabins stationed on the site at any one time and these shall be restricted to the area shown on dwg DHA/7610/20 rev A. Reason: In the interests of the amenities of the openness of the Green Belt. 9. The area shown as car parking on dwg DHA/7610/20 rev A shall be used for the parking/turning of vehicles only and no chattels or other plant or equipment shall be placed thereon. All hardstanding on this part of the site shall be removed on the cessation of the temporary use as required by condition 1 above. Reason: In the interests of the amenities of the openness of the Green Belt. 10. If during development, contamination not previously identified is found to be present then no further development shall be carried out until the developer has submitted and received written approval by the Local Planning Authority to a scheme of Remediation. Such a scheme shall include details of arrangements for responding to any discovery of unforeseen contamination during the undertaking of the works. Any such scheme as approved shall be fully implemented insofar as it relates to that part of the development which is to be occupied. Reason: The high potential for the site to be contaminated due to the commercial history of the site and the site being close to a Source Protection Zone 3. 11. The noise from the site, as measured from the site boundary with Belleville, shall at all times be at least 5dB below existing background noise levels as detailed in the MRL Acoustics Noise Impact Assessment dated 15 October 2010, in accordance with BS4142. Any measures to comply with this shall be restricted to those outlined in the above report unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the aural amenity of the occupiers of the nearby dwellings. 12. Before the works commence on site, details of the means of foul drainage disposal (including any use of a septic tank or cesspool) shall be submitted to and approved by the Local Planning Authority and shall be implemented as approved. Reason: In the interests of pollution prevention. (3) Addition of informatives: 2. During construction, provision shall be made on the site to accommodate operatives' and construction vehicles loading, off-loading or turning on the site. 3. Prior to the works commencing on site parking for site personnel/operatives/visitors shall be provided and retained throughout the construction of the development. 4. Provision shall be made within the site for the disposal of surface water so as to prevent its discharge on to the highway. 5. Adequate precautions shall be taken during the progress of the works to guard against the deposit of mud and similar substances on the public highway. Such proposals shall include washing facilities by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free of mud and similar substances. |
| AP2 11/006 |
TM/10/03041/FLX - Bridge House, 31 Police Station Road, West Malling |
Extension of time limits for planning permission TM/08/00441/FL: Erection of two semi-detached houses at Bridge House, 31 Police Station Road, West Malling. RESOLVED: That the application be REFUSED [Speaker: Mr P Whitbread, member of the public] |
| AP2 11/007 |
Alleged Unauthorised Development 11/00008/UNAUTU - The Nursery, Taylors Lane, Trottiscliffe |
Alleged Unauthorised Development at The Nursery, Taylors 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 change in use of the land to a (residential) caravan site. Reasons For Issuing The Notice It would appear to this Authority that the above breach of planning control has occurred within the last 10 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 position and design. The development is therefore contrary to PPG2, PPS7, and policies, 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 planning permission should be granted because planning conditions could not overcome these objections. Requirement To permanently cease the use as a residential caravan site and to remove any caravan from the land. Period For Compliance One month from the date the Notice takes effect. |
| AP2 11/008 |
Alleged Unauthorised Development 10/00166/COND - The Granary, Stilsted Farm, Tonbridge Road, East Peckham |
Alleged Unauthorised Development at The Granary, Stilstead Farm, Tonbridge Road, East Peckham. 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 replacement of brown timber windows and doors with white UPVC windows and doors in contravention of condition 10 of planning permission TM/93/0882FL. Reasons For Issuing The Notice It appears to the Council that the breach of planning control has occurred within the last 10 years. The unauthorised works were completed in May 2010. The installation of the UPVC windows and doors, by virtue of their design, appearance and materials, is not in keeping with the character or materials of the existing building or the locality and is contrary to Policy P4/12 of Tonbridge and Malling Borough Council Local Plan 1998, Policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and Policy SQ1 of the Tonbridge and Malling Borough, Managing Development and the Environment Development Plan Document 2010. The Enforcement Notice is necessary to alleviate the nuisance and detriment to the character, amenity and appearance of the building and the locality 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 Remove the unauthorised white UPVC double glazed replacement windows and doors and replace with brown painted or stained timber windows with small panes and glazing bars and boarded doors to match the design and appearance of the windows and doors specified on the drawings approved by planning permission TM/93/0882FL (TM/93/00445/FL). Period For Compliance Six months from the date that the Enforcement Notice takes effect. |
| AP2 11/009 |
Alleged Unauthorised Development 10/00294/UNAWKS - 9 Durlings Orchard, Ightham |
Alleged Unauthorised Development at 9 Durlings Orchard, Ightham. 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 erection of a 2 metre high close boarded fence in contravention of condition 13 of planning permission TM/96/00641/FL. Reasons For Issuing The Notice It appears to the Council that the breach of planning control has occurred within the last 10 years. The close-boarded fence, by virtue of its height, solid nature and suburban appearance, results in demonstrable harm to the open landscape character, visual amenity and the openness of the Green Belt. The fence erodes the rural edge to Ightham village that was a specific element of the landscape strategy for the site. The erection of the fence is therefore contrary to PPG2 (Green Belts), policies CP1 and CP24 of the Tonbridge and Malling Core Strategy 2007 and policy SQ1 of the Tonbridge and Malling Borough, 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 Council has refused planning permission for the retention of the fence because planning conditions could not overcome these objections. Requirement Take down the 2 metre high close boarded fence erected or constructed in the approximate location shown marked A - B on the plan attached to the Notice. Period For Compliance Two calendar months from the date that the Notice takes effect. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 11/010 |
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 11/011 |
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 11/012 |
Exclusion of Press and Public |
There were no items considered in private. |