| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 10/062 |
Declarations of interest. |
There were no declarations of interest. |
| AP2 10/063 |
Minutes |
RESOLVED: That the Minutes of the meeting of the Area 2 Planning Committee held on 12 May 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 10/064 |
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 10/065 |
TM/10/01229/FL - Fremlins Dell, Comp Lane, Offham |
Convert bungalow into two storey dwelling with bedroom, en-suite and dressing room within the attic. Two storey side extension and single storey rear extension at Fremlins Dell, Comp Lane, Offham. RESOLVED: That the application be REFUSED for the following reason: 1. The development, by reason or its size and position, would have an overbearing impact upon and unacceptably detract from the outlook of the neighbouring residential property (Alexander House). The development, would, therefore, be contrary to Policies CP1 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007. [Speakers: Parish Councillor C Innes, Offham Parish Council; Mr Earnshaw, member of the public and Mr Garrod, applicant. |
| AP2 10/066 |
TM/10/01162/FL - 22 Barleycorn, Leybourne |
Application WITHDRAWN |
| AP2 10/067 |
TM/09/02049/FL - Ivanhoe, London Road, Addington |
Change of use of land to residential curtilage and the creation of a turning circle with a central planted island (retrospective application)at Ivanhoe, London Road, Addington. RESOLVED: That the application be (1) REFUSED for the following reasons: 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 CP 3 of the Tonbridge and Malling Borough Core Strategy 2007. The development constitutes inappropriate development because, by virtue of the domestic use and the size of the area of hard standing, it does not maintain the openness of the Green Belt and conflicts with the purposes of including land within the Green Belt. It is therefore contrary to PPG 2 and Policy CP 3 of the Tonbridge and Malling Core Strategy 2007. 2. The development does not fall within any of the categories of development specified within policy CP14 of the Tonbridge and Malling Borough Core Strategy 2007 and is unacceptable for this rural locality due to the domestic use and size of the area of hard standing. 3. The development, by virtue of its scale, siting and appearance, does not respect the site or the wider rural locality and is therefore contrary to policy CP24 of the Tonbridge and Malling Core Strategy 2007. (2) Enforcement Notices 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 Notices as may be necessary. • In the event of an appeal against the Notices 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 Notices. ~ Breach Of Planning Control Alleged: (A) Without planning permission the change in use of agricultural land to residential curtilage, and; (B) Without planning permission, the creation of a new hardstanding. ~Reasons For Issuing The Notices: It would appear that the above breach of planning control in respect of (A) has occurred within the last ten years and in the case of (B) within the last 4 years. 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 CP 3 of the Tonbridge and Malling Borough Core Strategy 2007. The development constitutes inappropriate development because, by virtue of the domestic use and the size of the area of hard standing, it does not maintain the openness of the Green Belt and conflicts with the purposes of including land within the Green Belt. It is, therefore, contrary to PPG 2 and policy CP 3 of the Tonbridge and Malling Borough Core Strategy 2007. The development does not fall within any of the categories of development specified within policy CP 14 of the Tonbridge and Malling Borough Core Strategy 2007 and is unacceptable for this rural locality due to the domestic use and size of the area of hard standing. The development, by virtue of its scale, siting and appearance, does not respect the site or the wider rural locality and is, therefore, contrary to policy CP 24 of the Tonbridge and Malling Borough Core Strategy 2007. ~Requirement: To cease the use of the agricultural land as residential curtilage and to remove the hard surface turning circle and planted island area and all arisings. ~Period for Compliance: Three calendar months from the date the Notices take effect. |
| AP2 10/068 |
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. live/work residential units (dwellinghouses) 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 DEFERRED for a Members' Site Inspection [Speakers: Parish Councillor R Jones, Platt Parish Council; Mrs P Darby, member of the public and Mr K Wise, agent] |
| AP2 10/069 |
(A) TM/08/02257/FL; (B) TM/09/00840/FL; (C) TM/09/02211/FL & (D) TM/09/02212/LB at (A) & (B) The Hop Farm Country Park, Maidstone Road, Paddock Wood and (C) & (D) Bell 3, The Hop Farm Country Park, Maidstone Road, Paddock Wood |
(A) Retrospective application for creation of a miniature driving school including construction of a hard surface track with raised kerb stones, street furniture and timber post fencing and associated one storey pitched roof building with ornamental petrol pumps at The Hop Farm Country Park, Maidstone Road, Paddock Wood. (B) Retrospective application for the erection of a marquee structure with hard surface base and related drainage works for a temporary period of five years at The Hop Farm Country Park, Maidstone Road, Paddock Wood. (C) Proposed alterations to frontage to create an enclosure under the existing decking of Bell 3 at Bell 3 The Hop Farm Country Park, Maidstone Road, Paddock Wood. (D) Listed Building Application: Proposed alterations to frontage to create an enclosure under the existing decking of Bell 3 at Bell 3 The Hop Farm Country Park, Maidstone Road, Paddock Wood. RESOLVED: That application (A) TM/08/02257/FL be (1) REFUSED for the following reasons: 1. The driving school is inappropriate development in the Green Belt, harms the openness of the Green Belt and encroaches in the countryside. No "very special circumstances" or other material considerations have been submitted that are considered to outweigh the harm. The development is therefore contrary to PPG2 (Green Belts), PPS7 (Sustainable Development In Rural Areas) and Policies CP3 and CP14 of the Tonbridge and Malling Borough Core Strategy 2007. 2. The driving school by reason of its siting, size and appearance is detrimental to the setting of a unique complex of Grade II* listed buildings which is a significant heritage asset. The development is therefore contrary to PPS5 (Planning for the Historic Environment) and policy SQ1 of the Tonbridge and Malling Borough Managing Development and The Environment DPD. 3. The driving school has introduced significant hard surfacing into the flood plain and the applicant has not satisfactorily demonstrated that it will not increase flood risk elsewhere. The development is contrary to PPS25 (Development and Flood Risk) and Policy CP10 of the Tonbridge and Malling Borough Core Strategy 2007. (2) 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 Licensing 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 creation of a miniature driving school including construction of a hard surface track with raised kerb stones, street furniture and timber post fencing and associated one storey pitched roof building with ornamental petrol pumps, without the benefit of planning permission. ~Reasons For Issuing The Notice: The above breach of planning control has occurred in the last 4 years. The driving school is inappropriate development in the Green Belt, harms the openness of the Green Belt and encroaches in the countryside. No "very special circumstances" or other material considerations are considered to outweigh the harm. The driving school by reason of its siting, size and appearance is detrimental to the setting of a unique complex of Grade II* listed buildings which is a significant heritage asset. The driving school has introduced significant hard surfacing into the flood plain and the applicant has not satisfactorily demonstrated that it will not increase flood risk elsewhere. The development is therefore contrary to PPG2 (Green Belts), PPS7 (Sustainable Development In Rural Areas), PPS5 (Planning for the Historic Environment), PPS25 (Development and Flood Risk), Policies CP3, CP10 and CP14 of the Tonbridge and Malling Borough Core Strategy 2007 and policy SQ1 of the Tonbridge and Malling Borough Managing Development and The Environment DPD. ~Requirement: The building and engineering work shown hatched on plan TMBC1 shall be demolished and all arisings shall be removed from the site. ~Period for Compliance: Three calendar months from the date the notice takes effect. RESOLVED: That application (B) TM/09/00840/FL be (1)REFUSED for the following reasons: 1. The marquee is inappropriate development in the Green Belt, harms the openness of the Green Belt and encroaches in the countryside. No "very special circumstances" or other material considerations have been submitted that are considered to outweigh the harm. The development is therefore contrary to PPG2 (Green Belts), PPS7 (Sustainable Development In Rural Areas) and Policies CP3 and CP14 of the Tonbridge and Malling Borough Core Strategy 2007. 2. The marquee by reason of its siting, size, materials and appearance is detrimental to the setting of a unique complex of Grade II* listed buildings which is a significant heritage asset. The development is therefore contrary to PPS5 (Planning for the Historic Environment) and policy SQ1 of the Tonbridge and Malling Borough Managing Development and The Environment DPD. 3. The marquee has introduced significant hard surfacing into the flood plain and the applicant has not satisfactorily demonstrated that it will not increase flood risk elsewhere. The development is therefore contrary to PPS25 (Development and Flood Risk) and Policy CP10 of the Tonbridge and Malling Borough Core Strategy 2007. (2) 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 Licensing 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 marquee structure with hard surface base. ~Reasons For Issuing The Notice: The marquee is inappropriate development in the Green Belt, harms the openness of the Green Belt and encroaches in the countryside. No "very special circumstances" or other material considerations are considered to outweigh the harm. The marquee by reason of its siting, size, materials and appearance is detrimental to the setting of a unique complex of Grade II* listed buildings which is a significant heritage asset. The marquee has introduced significant hard surfacing into the flood plain and the applicant has not satisfactorily demonstrated that it will not increase flood risk elsewhere. The development is therefore contrary to PPG2 (Green Belts), PPS5 (Planning for the Historic Environment), PPS7 (Sustainable Development In Rural Areas), PPS25 (Development and Flood Risk), Policies CP3, CP10 and CP14 of the Tonbridge and Malling Borough Core Strategy 2007 and Policy SQ1 of the Tonbridge and Malling Borough Managing Development and The Environment DPD. ~Requirement: The building and engineering work shown hatched on plan TMBC2 shall be removed and all arisings shall be removed from the site. ~Period For Compliance: Three calendar months from the date the notice takes effect. RESOLVED: That in respect of application (C) TM/09/02211/FL - The supplementary report tabled at the meeting be NOTED and in light of that report the decision BE DELEGATED to the Director of Planning, Transport and Leisure; and (1) If no satisfactory drawings are received by 14 July 2010, the application be REFUSED for the following reason: - 1. The works result in a detrimental impact on the architectural and historic interest of a Grade II* listed building by virtue of the design and form of the proposed alterations harming the agricultural form of the greenstage. The works are therefore contrary to PPS5 (Planning and the Historic Environment); and (2) An Enforcement notice BE ISSUED as set out below and copies BE SERVED on all interested parties, after 14 July 2010 if no satisfactory drawings have been received and the application is refused. This to be delegated to the Director of Planning, Transport and Leisure: The Notice to take effect not less than 28 days from the date of service, subject to: • The concurrence of the Licensing 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 carry out alterations to the building to form an enclosed area below the existing greenstage of Bell 3. ~Reasons For Issuing The Notice: The works result in a detrimental impact on the architectural and historic interest of a Grade II* listed building by virtue of the design and form of the alterations harming the agricultural form of the greenstage. The works are therefore contrary to PPS5 (Planning and the Historic Environment). ~Requirement: The alterations to the greenstage shown hatched on plan TMBC3 shall be removed and all arisings shall be removed from the site. ~Period For Compliance: Three calendar months from the date the notice takes effect. RESOLVED: That in respect of application (D) TM/09/02212/LB - The supplementary report tabled at the meeting be NOTED and in light of that report the decision BE DELEGATED to the Director of Planning, Transport and Leisure; and (1) If no satisfactory drawings are received by 14 July 2010 the application be REFUSED for the following reason: 1. The works result in a detrimental impact on the architectural and historic interest of a Grade II* listed building by virtue of the design and form of the proposed alterations harming the agricultural form of the greenstage. The works are therefore contrary to PPS5 (Planning and the Historic Environment); and (2) A Listed Building Enforcement Notice BE ISSUED as set out below and copies BE SERVED on all interested parties if no satisfactory drawings have been received by 14 July 2010 and the application is refused. This to be delegated to the Director of Planning, Transport and Leisure. The Notice to take effect not less than 28 days from the date of service, subject to: • The concurrence of the Licensing 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 Listed Building Consent carry out alterations to the building to form an enclosed area below the existing greenstage of Bell 3. ~Reasons For Issuing The Notice: The works result in a detrimental impact on the architectural and historic interest of a Grade II* listed building by virtue of the design and form of the alterations harming the agricultural form of the greenstage. The works are therefore contrary to PPS5 (Planning and the Historic Environment). ~Requirement: The alterations to the greenstage shown hatched on TMBC4 shall be removed and all arisings shall be removed from the site. ~Period For Compliance: Three calendar months from the date the notice takes effect. [Speakers: Mr J Collins, agent and Mr P Bull, applicant] |
| AP2 10/070 |
Alleged Unauthorised Development (A) 09/00279/LB and 08/00616/UNAWKS; (B) 08/00653/UNAWKS; (C) 08/00665/UNAWKS; (D)08/00613/UNAWKS; (E) 08/00647/UNAUTU; (F) 08/00633/ADVERT; (G) 10/00212/UNAUTU - The Hop Farm Country Park, Maidstone Road, Paddock Wood |
Alleged Unauthorised Development at The Hop Farm Country Park, Maidstone Road, Paddock Wood. RESOLVED: That (1) Enforcement Notices BE ISSUED in respect of the matters listed below with the detailed wording determined by the Director of Planning, Transport and Leisure in consultation with the Legal Services Partnership Manager (and subject to the Legal Services Partnership Manager being satisfied as to the evidence in respect of each breach): - 1. Climbing frame to the front of Bell 3: Detrimental impact on special architectural, historic interest and setting of the Grade II* Listed Building. Compliance period 1 month 2. Children's rides: Inappropriate development in the Green Belt, having an adverse encroachment into the countryside and detrimental to rural amenities; detrimental impact on setting of Listed Buildings. Compliance period 1 month. 3. Creation of hardstanding to the west of Bells 1-4: Inappropriate development in the Green Belt, having an adverse encroachment into the countryside and detrimental to rural amenities; detrimental impact on setting of Listed Buildings; inadequate surface water drainage. Compliance period 3 months. 4. Erection of Red big top/tent: Inappropriate development in the Green Belt, having an adverse encroachment into the countryside and detrimental to rural amenities; detrimental impact on setting of Listed Buildings; inadequate surface water drainage. The tent to be removed from the site altogether. Compliance period 1 month. 5. Siting of storage containers including lorry bodies: Inappropriate development in the Green Belt, having an adverse encroachment into the countryside and detrimental to rural amenities; detrimental impact on setting of Listed Buildings. The storage containers, including lorry bodies to be removed from the site altogether. Compliance period 1 month. 6. Children's Bouncing Pillows: Inappropriate development in the Green Belt, having an adverse encroachment into the countryside and detrimental to rural amenities; detrimental impact on setting of Listed Buildings. Compliance period 1 month. (2) Listed Building Enforcement Notices BE ISSUED in respect of the following matters with the detailed wording being agreed between the Director of Planning, Transport and Leisure in consultation with the Legal Services Partnership Manager (and subject to the Legal Services Partnership Manager being satisfied as to the evidence in respect of each breach). ~ Breach of Planning Control Alleged and Reason for Issuing Notice. 1. Climbing frame to the front of Bell 3: Detrimental impact on special architectural, historic interest and setting of the Grade II* Listed Building. Compliance period 1 month (3)Members NOTED that in respect of the unauthorised advertisements displayed on various lorry bodies around the site, the Legal Services Partnership Manager would be instructed to bring prosecutions for breaches of the Advertisement Regulations where these have not been removed since the time of the last report or new unauthorised, and unacceptable signs are displayed. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 10/071 |
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 10/072 |
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. |
| AP2 10/073 |
Forthcoming Planning Inquiries and Hearings |
The report of the Legal Services Partnership Manager advised of forthcoming planning inquiries and hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 10/074 |
Exclusion of Press and Public |
There were no items considered in private. |