Meeting documents

Area 2 Planning Committee
Wednesday, 24th February, 2010 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 10/018 Declarations of interest.
Councillor Chartres declared a personal and prejudicial interest in application TM/09/00136/FL on the grounds that the applicant was his partner and withdrew from the meeting during consideration of this item.
AP2 10/019 Minutes
RESOLVED: That the Minutes of the meeting of the Area 2 Planning Committee held on 3 February 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 10/020 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 10/021 (A)TM/08/03638/FL and (B) TM/08/03639/LB - Yaldham Manor, Kemsing Road, Wrotham
(A) Redevelopment of Yaldham Manor and associated buildings involving replacement dwelling to Trift; partial demolition and extensions to The Lodge; demolition of chicken shed and replacement with one dwelling; conversion and extension to Long Barn to 1 no. dwelling; replacement dwelling to Rosemary Cottage; alterations and extension to Yaldham Manor; alterations to Posset and St Martyn's Cottage to form 1 no. dwelling; alterations to Oast and conversion to 1 no. dwelling; total demolition of North Barn and Coach House and erection of 3no. dwellings; erection of 2 no. new dwellings; alterations to garage to provide parking for Yaldham Manor; associated parking, turning and access ways for Yaldham Manor, Kemsing Road, Kemsing, Sevenoaks.

(B) Listed Building Application: Redevelopment of Yaldham Manor and associated buildings incorporating partial demolition and extensions to The Lodge; demolition of chicken shed and replacement with one dwelling; conversion and extension to Long Barn to 1 no. dwelling; replacement dwelling to Rosemary Cottage; alterations and extension to Yaldham Manor; alterations to Posset and St Martyn's Cottage to form 1 no. dwelling; alterations to Oast and conversion to 1 no. dwelling; total demolition of North Barn and Coach House and erection of 3no. dwellings; alterations to garage to provide parking for Yaldham Manor, Kemsing Road, Kemsing, Sevenoaks.

RESOLVED: That

Application (A) be GRANTED PLANNING PERMISSION subject to:

(1) referral to GOSE

(2)completion of a Section 106 agreement, ensuring that the following matters are adequately dealt with:

~ The applicants to undertake to commence the programme of underpinning, structural restoration and essential repairs to Oast as a matter of priority and before the submission and approval of details in respect of the other units to be created/renovated on the site.

~ The practical completion of the refurbishment of the Manor, Granary and the Oast to occur before first occupation of any new build or conversion of units.

~ A management plan for the estate both during construction and after completion shall be submitted before development is commenced. This shall demonstrate good husbandry in terms of the development period and show how residual land within the application site will be held and maintained by the developer and then transferred to the new owners depending on the extent and terms of the transfer.

~ Details of a management company to be set up to deal with general maintenance and shared infrastructure, including surrounding agricultural land, in the long term after the development is complete.

~ In relation to any agricultural land included with the 2007 purchase of the Yaldham Manor Estate, all proceeds from any subsequent disposal/income from the land shall be vested with the management company for ongoing maintenance of heritage assets, the Manor gardens, shared infrastructure and any retained surrounding agricultural land.

~ A master plan and management plan for agricultural land within the 2007 purchase of the estate, but outside the application site, shall be submitted to and approved by the LPA. This shall demonstrate how the wider setting of the Listed Buildings is safeguarded from potentially damaging agricultural buildings, uses or chattels over the long term.

(3) Addition of Conditions:

26. No development shall commence until a Materials Retention Plan has been submitted to and approved by the Local Planning Authority. The Materials Retention Plan shall detail which areas of the buildings approved to be demolished can be identified for re-use, the locations and means of storage and set out where and how those materials will be re-used within the approved scheme.

Reason: In the interests of preserving the historic fabric and setting of the Listed Buildings on site.

27. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order) no development shall be carried out within Class H, of Part 1 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto.

Reason: In the interests of preserving the historic setting of the Listed Buildings on site.

28. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order) no development shall be carried out within Classes A, B, E and F of Part 40 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto.

Reason: In the interests of preserving the historic setting of the Listed Buildings on site.

29. Before the development commences, details of the slab levels of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority and the approved slab levels shall be implemented in accordance with the approved details.

Reason: In the interests of the amenity of the locality.

(4) Subject to the application being reported back to the Area 2 Planning Committee within 6 months regarding progress of the Section 106 Agreement if progress is adverse or failing.

Application (B) be GRANTED LISTED BUILDING CONSENT, subject to:

(1) Referral to GOSE and only in combination with application TM/08/03638/FL.

[Speakers: Mr H Rayner, Wrotham Parish Council; Mr P Gillin, member of the public, Mr D Beach, Wrotham Historical Society and Mr A Bishop, agent]
AP2 10/022 TM/09/02862/FL - The Nook, The Street, Ightham
Refurbishment and extension at
The Nook, The Street, Ightham.

RESOLVED: That the application be

APPROVED, subject to

(1) Addition of Conditions:
7. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping and boundary treatment. All planting, seeding and turfing comprised in the approved scheme of landscaping shall be implemented during the first planting season following occupation of the buildings or the completion of the development, whichever is the earlier. Any trees or shrubs removed, dying, being seriously damaged or diseased within 10 years of planting shall be replaced in the next planting season with trees or shrubs of similar size and species, unless the Authority gives written consent to any variation. Any boundary fences or walls or similar structures as may be approved shall be erected before first occupation of the building to which they relate.

Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order) no development shall be carried out within Class B, of Part 2 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto.

Reason: In the interests of the visual amenities of the locality and to allow the assessment of the highways impact of an additional access in this location.

(2) Addition of Informative:
3. The applicant is advised that the details submitted pursuant to Condition 2 should reuse suitable materials from the extension proposed to be demolished and that new materials should match materials on the original dwelling.

[Speaker: Mr S Wentworth, applicant]
AP2 10/023 TM/09/01623/FL - Little Nepicar Cottage, London Road, Wrotham
This item was WITHDRAWN from the agenda.
AP2 10/024 TM/09/00136/FL - Napps Farm, Long Mill Lane, Platt
Retrospective application under Section 73A of the Town and Country Planning Act 1990 for the erection of an outbuilding for the private ancillary use by the occupiers of the single dwelling within the site at Napps Farm, Long Mill Lane
Platt.

RESOLVED: That the application be

DEFERRED for

(1) a Members' Site Inspection; and

(2)to enable Officers to investigate further the planning history of the site relating to permitted development rights and to investigate case law in respect of annexes and ancillary buildings (including legal characteristics of detached buildings).

[Speakers: Mrs P Darby, Platt Parish Council and Mrs S Rutherford, applicant]
AP2 10/025 TM/09/02894/FL - 64 Phoenix Drive, Wateringbury
New garage and conversion of existing garage (Resubmission of TM/09/02055/FL)at
64 Phoenix Drive, Wateringbury.

RESOLVED: That the application be

DEFERRED for a Members' Site Inspection

[Speakers: Miss J Monkman, member of the public and Mr C Maloney, applicant]
MATTERS SUBMITTED FOR INFORMATION
AP2 10/026 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 10/027 Planning Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
AP2 10/028 Forthcoming Planning Inquiries and Hearings
The report of the Chief Solicitor advising of forthcoming planning inquiries and hearings.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 10/029 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 10/030 Planning applications TM/08/03638/FL and TM/08/03639/LB - Yaldham Manor, Kemsing Road, Kemsing
(Reason: LGA 1972 Sch 12A Para 5 - Legal Advice)

  • (Attachment: 21)Report of Chief Solicitor
The report of the Chief Solicitor set out details of the legal implications of refusing the above application. (Minute AP2 10/021 refers)
The meeting ended at 2225 hours

Attendance Details

Present:
Cllr H S Rogers (Chairman), Cllr T J Robins (Vice-Chairman), Cllr B J Luker (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 Mrs F A English, Cllr D W P Evans, Cllr Mrs E M Holland, Cllr Mrs F A Kemp, Cllr Mrs S L Luck, Cllr Mrs S M Murray, Cllr Miss J L Sergison and Cllr M S Worrall.
In attendance:
An apology for absence was received from Councillor Sayer.