| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 11/036 |
Declarations of interest. |
Councillor Mrs Anderson declared a personal and prejudicial interest in application TM/10/01045/FL on the grounds that it was adjacent to her employer's property. She withdrew from the meeting during consideration of this item. Councillor Mrs Luck declared a personal and prejudicial interest in application TM/10/00991/FL on the grounds that it was adjacent to her land. She withdrew from the meeting during consideration of this item. |
| AP2 11/037 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 13 April 2011 be approved as a correct record and signed by the Chairman. |
| AP2 11/038 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 14 April 2011 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 11/039 |
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 11/040 |
TM/11/00607/FL - 28 And 30 Sandown Road, West Malling |
Creation of a pitched roof above a pair of semi detached properties (including additional accommodation to number 28) at 28 and 30 Sandown Road, West Malling. RESOLVED: That the application be REFUSED for the following reason: - (1) The proposed addition of the pitched roof to a building that sits within a distinct group of properties with distinctive shallow mono-pitched roofs will be detrimental to the street-scene and character of the relevant enclave of Sandown Road, and the locality generally, contrary to Saved Policy P4/12 of the Tonbridge and Malling Borough Local Plan 1998, Policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and Policy SQ1 of the Managing Development and the Environment Development Plan Document 2010. [Speakers: Mr T Parsons, member of the public and Mr D Clayton, applicant] |
| AP2 11/041 |
TM/11/00032/FL - Beechside, Blacksole Lane, Wrotham |
Erection of detached split level dwelling with associated parking at Beechside, Blacksole Lane, Wrotham. RESOLVED: That the application be REFUSED for the following reasons: - (1) The proposed dwelling by reason of its bulk, scale, layout, and appearance and parking provision is not well integrated with, and does not complement the neighbouring buildings and the local area more generally and would dominate its surroundings. It would therefore be harmful to the appearance and character of the area. This is contrary to Planning Policy Statement 1 (Delivering Sustainable Development), Planning Policy Statement 3 (Housing), Policies CP1, CP13 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and Policy SQ1 of the Managing Development and the Environment DPD 2010; and (2) The absence of adequate vehicle turning facilities within the site would be likely to result in additional hazards to pedestrian safety on the Public Right of Way. The proposal will increase vehicle movements on a long narrow public footpath with limited opportunity for vehicles to pass each other, no provision for pedestrian separation and poor visibility at the junction with Pilgrims Way. Therefore the proposal does not positively enhance the safety of the area and is contrary to Policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007. [Speakers: Mr C Gillin, Wrotham parish council and Mr K Denton, member of the public] |
| AP2 11/042 |
TM/11/00653/FL - 29 Hale Street, East Peckham |
Construction of new infill dwelling in the garden of an existing dwelling and extension of existing garage at 29 Hale Street, East Peckham. RESOLVED: That the application be DEFERRED for a Members' site inspection. [Speakers: Mr B Epps, Mr E Pries, Mrs Hart and Mrs Davies, members of the public and Ms S Wilcox, agent] |
| AP2 11/043 |
TM/10/02910/FL - Land Opposite 170 Offham Road, West Malling |
Erect 5 stables, hayroom and tack room and provision of 12 metre x 12 metre area of hardstanding at Land Opposite 170 Offham Road, West Malling. RESOLVED: That the application be DEFERRED for a Members' site inspection. |
| AP2 11/044 |
TM/11/00658/FL - The Nursery, Taylors Lane, Trottiscliffe |
Retrospective application for the retention of a residential caravan/mobile home ancillary to the Nursery Business and retention of 2 No. dog kennels and pens at The Nursery, Taylors Lane, Trottiscliffe, West Malling. RESOLVED: That the application be REFUSED for the reasons set out in the report of the Director of Planning, Transport and Leisure. [Speaker: Mr J Wickham, parish councillor] |
| AP2 11/045 |
(A) TM/11/00320/AT & (B) TM/11/00517/FL - 68 Western Road, Borough Green |
(A) Retention of internally illuminated fascia and projecting signs at 68 Western Road, Borough Green. (B) Retain folding canopy and security shuttering at 68 Western Road, Borough Green. RESOLVED: That Application (A) be (1) REFUSED Advertisement Consent for the internally illuminated fascia sign for the reasons set out in the report of the Director of Planning, Transport and Leisure; (2) In the event of the unlawful advertisement not being removed within 21 days of the date that the applicants are notified of this resolution, proceedings be commenced in the Magistrates Court against all responsible parties under Section 224 of the Town and Country Planning Act 1990 (as amended) and the Town and Country Planning (Control of Advertisement) (England) Regulations 2007; and (3) GRANTED Advertisement Consent for internally illuminated projecting sign subject to the conditions set out in the report of the Director of Planning, Transport and Leisure. RESOLVED: That Application (B) be (1) REFUSED for the reasons set out in the report of the Director of Planning, Transport and Leisure; and (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 Chief Solicitor, 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, a security shutter has been installed at the front of the shop; - Reasons For Issuing The Notice: A breach of planning control has occurred within the last 4 years. The security shutter, due to its design, is detrimental to the character and visual amenities of the locality. The installation and retention of the shutter is therefore contrary to Policy CP1 of the Tonbridge and Malling Borough Core Strategy, Policy SQ1 of the Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document and Saved Policy P4/13 of the Tonbridge and Malling Borough Local Plan. The Enforcement Notice is necessary to alleviate the harm and detriment to character and amenity resulting from the unauthorised development. The Council has refused planning permission for the retention of the shutter because planning conditions could not overcome these objections. - Requirement: Remove the security shutter installed on the frontage of 68 Western Road, Borough Green. - Period for compliance: Two calendar months from the date that the notice takes effect. |
| AP2 11/046 |
TM/10/01045/FL - Land Rear Of 71-73 High Street, West Malling |
Erection of three storey building to provide 1 x one bed flat and 1 x two bed flat and two car parking spaces at Land Rear of 71 - 73 High Street, West Malling. RESOLVED: That the application be APPROVED, subject to (1) the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure; and (2) the following additional conditions: - 16. Means of vehicular access to the designated residential parking within the site shall be derived solely from Swan Street. The access from Swan Street 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 and re-enacting that Order) shall be carried out on the land so shown or in such a position as to preclude vehicular access to the reserved parking spaces. Reason: Development without provision of adequate accommodation for the parking of vehicles is likely to lead to hazardous on-street parking. 17. 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 antenna development shall be carried out within Class A , of Part 25 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto. Reason: In the interests of visual amenity. |
| AP2 11/047 |
TM/10/00991/FL - Mill Yard, 26 Swan Street, West Malling |
Erection of a mixed use development comprising 7 no. ground floor retail units, 5 no. 2 bed apartments with associated car parking and public space at Mill Yard, 26 Swan Street, West Malling. RESOLVED: That the application be APPROVED, subject to (1) the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure; (2) the amendment of Condition 6 to read: 6. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of:- • archaeological field evaluation works in accordance with a specification and written timetable which has been submitted to and approved by the Local Planning Authority; and •following on from the evaluation, any safeguarding measures to ensure preservation in situ of important archaeological remains and/or further archaeological investigation and recording in accordance with a specification and timetable which has been submitted to and approved by the Local Planning Authority. Reason: To ensure appropriate assessment of the archaeological implications of any development proposals and the subsequent mitigation of adverse impacts through preservation in situ or by record; and (3) the following additional conditions: - 22. Means of vehicular access to the designated residential parking within the site shall be derived solely from Swan Street. The access from Swan Street 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 and re-enacting that Order) shall be carried out on the land so shown or in such a position as to preclude vehicular access to the reserved parking spaces. Reason: Development without provision of adequate accommodation for the parking of vehicles is likely to lead to hazardous on-street parking. 23. No development shall take place until details of a pedestrian link strategy have been submitted to and approved by the Local Planning Authority, and the pedestrian access shall be retained in accordance with those details. Reason: To accord with the terms of the Design and Access Statement. 24. 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 antenna development shall be carried out within Class A, of Part 25 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto. Reason: In the interests of visual amenity. 25. No development shall be commenced until details of a scheme setting out all the alterations to the layout of the adjoining car park and recycling centre, required as a consequence of the development hereby approved, have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a timescale for the carrying out of the necessary works and any other related measures. The approved scheme shall be fully implemented in accordance with the timescale set out. Reason: To ensure that the development access to the south hereby approved minimises any consequential impacts on the capacity of the adjoining public car park and on the facilities and operation of the recycling centre in the interests of safeguarding community facilities. |
| AP2 11/048 |
TM/11/00982/WAS - Blaise Farm Quarry, Kings Hill |
Request for approval of details pursuant to condition 5 (working programme, design and layout, etc) of planning permission TM/09/3231/WAS (KCC ref: PAG/TM/09/3231/R5) Blaise Farm Quarry Kings Hill West Malling. RESOLVED: That the application be OBJECTED TO UNLESS - (1) The County Council is completely satisfied that the controls in respect of noise and odour within the detailed development are, together with the operation of the site to be regulated by the Environment Agency, sufficient to preclude harm to the residential amenity of properties in the wider locality (2) The Environment Agency raises no objection in respect of flooding or surface water storage or drainage. - Informative: The Borough Council strongly urges the County Council to work with the Environment Agency and the operators of the site to find a long term permanent solution to the odour nuisance suffered by properties in the locality in general. The Borough Council recognises the community benefit that this facility can provide, but is very concerned about the impact locally. It would welcome the opportunity to comment on any revised proposals that may come forward following ongoing testing and research. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 11/049 |
List D |
The Director of Planning, Transport and Leisure submitted a list of applications determined since the date of the meeting held on 13 April 2011. RESOLVED: That the report be received and noted. |
| AP2 11/050 |
Planning Appeal Decisions |
The report of the Chief Solicitor and Monitoring Officer advised of planning appeal decisions since the meeting held on 13 April 2011. RESOLVED: That the report be received and noted. |
| AP2 11/051 |
Forthcoming Planning Inquiries and Hearings |
The report of the Chief Solicitor and Monitoring Officer advised of forthcoming planning inquiries and hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 11/052 |
Exclusion of Press and Public |
There were no items considered in private. |