Meeting documents

Area 2 Planning Committee
Wednesday, 27th October, 2010 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP2 10/098 Declarations of interest.
There were no declarations of interest made.
AP2 10/099 Minutes
RESOLVED: That the Minutes of the meeting of Area Planning Committee held on 15 September 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 10/100 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 10/101 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

DEFERRED for legal advice to address the potential reasons for refusal.

[In accordance with Council Procedure Rule No 8.5 Councillor Evans requested that it be recorded that he had voted for the motion (to defer consideration of the application for legal advice).]

[Speakers: Parish Councillor T Bonser, Platt Parish Council and Mr R Jones on behalf of Platt residents]
AP2 10/102 TM/10/01841/FLX - Land Opposite The Ferns, North of Maidstone Road, Platt
New Memorial Hall and associated external works at
land opposite The Ferns, north of Maidstone Road, Platt.

RESOLVED: That the application be

APPROVED, subject to the following: -

(1) Amend Condition 15 to read:

15. No development shall take place until a scheme showing details of the access road serving this development and which includes details of the junction of the access road with the public highway have been submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until that scheme has been constructed in accordance with the approved details.

Reason: To ensure the safe and free flow of traffic.

(2) Amend Condition 9 to read:

9. The use shall not commence until full details of all plant, machinery and equipment associated with ventilation and air conditioning, including arrangements for the continuing maintenance of this equipment and any noise attenuation measures required in connection with the equipment, have been submitted to and approved in writing by the Local Planning Authority. All such plant, machinery and equipment shall be contained within the envelope of the building as hereby approved. The details of such equipment shall be sufficient to demonstrate that noise from these sources shall not exceed NR35 at the site boundary. The scheme of approved plant and machinery shall be fully installed before use of the building commences and shall thereafter be maintained in strict accordance with the approved details.

Reason: To ensure that the development does not harm the amenity of adjacent residential properties and in the interests of visual amenity.

[Speakers: Parish Councillor R Jones, Platt Parish Council; Mrs J Knowles on behalf of the Platt Society and Mr G Darby, The Trustees of Platt Memorial Hall]
AP2 10/103 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

DEFERRED to enable officers to negotiate a change in the external materials to include hanging tiles in lieu of the timber and render cladding; and mature specimen trees in the landscaping scheme.

[Speakers: Parish Councillor H Bott, Stansted and Fairseat Parish Council and Mr T Rodway on behalf of the applicant]
AP2 10/104 TM/10/00887/FL - Oakwood Farm, Vigo Road, Fairseat
Demolition of existing chicken sheds, workshop, store, packing shed, stables and other associated structures (total 3464sqm floorspace) and erection of 8 no. dwellings with associated parking, garaging, access and landscaping at Oakwood Farm, Vigo Road, Fairseat.

RESOLVED: That the application be

APPROVED, subject to the following: -

(1)Referral to the Secretary of State, the proposal being a departure from the adopted Development Plan.

(2)The applicant entering into a planning obligation under section 106 of the Town and Country Planning Act 1990 (as amended) to provide a financial contribution towards the provision of off site affordable housing and for the enhancement of off site open space within the Borough (the final sums to be delegated to Officers to negotiate). Members requested that officers' negotiations with the applicant on the level of contributions should not prejudice the viability of the scheme.

(3)The Conditions as set out in the main report.

[Speakers: Parish Councillor H Bott, Stansted and Fairseat Parish Council; Mr George Durrant, applicant and Mr J Collins, agent)
AP2 10/105 TM/09/01510/FL - Land to the rear and 84-106 Maidstone Road, Borough Green
Redevelopment of existing petrol filling station and neighbouring garden land to provide a replacement petrol filling station and retail sales building (Tesco Express) and alterations to access to land to the rear and 84 - 106 Maidstone Road Borough Green.

RESOLVED: That the Planning Inspectorate and the applicant be advised that, had the Borough Council been in a position to determine the application, it would have REFUSED PLANNING PERMISSION for the reasons outlined in the report of the Director of Planning, Transport and Leisure, subject to the following: -

(1) Amend reason 3 to read:

3. The Council is not satisfied, based on the submitted information and evidence currently before it, that the proposal would not give rise to harm to highway safety due to the following concerns which result in individual and cumulative impacts:

• The applicant has significantly underestimated the additional trip generation likely to be occasioned by the proposed development, and the proposal includes no proposed mitigation for the increased turning movements from the A25 of which a proportion will be right-turning trips arriving from the west.

• The proposed alterations to the location and layout of the site access and egress points are likely to result in additional hazards to pedestrian safety.

• It is not fully clear whether a fuel tanker would be able to negotiate all stanchions and pump protection at the southern point of the canopy/forecourt.

• Insufficient evidence has been provided to demonstrate that the revised access arrangement would not impact on the safe use of the pumping position nearest the road frontage and so increasing the probability of vehicular collisions at that point.

The proposal does not therefore accord with PPG13 (Transport), Policy CP24 of the Tonbridge and Malling Borough Core Strategy and Policy SQ8 of the Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document 2010.
AP2 10/106 TM/10/01744/FL - 19 Ryarsh Road, Birling
New vehicle access and entrance gates (resubmission of TM/10/00561/FL)at 19 Ryarsh Road, Birling, West Malling.

RESOLVED: That the Planning Inspectorate and the applicant be advised that, had the Local Planning Authority been in a position to determine the application, it would have REFUSED PLANNING PERMISSION, for the following reason:

1. The proposal, by virtue of the interruption of the established landscaped embankment, would be damaging and detrimental to the appearance, setting and character of the Birling Conservation Area and to the visual amenity of the rural locality. The proposals are therefore contrary to Planning Policy Statement 5 (Planning for the Historic Environment) and policies CP1 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and policy SQ1 of the Tonbridge and Malling Borough Managing Development and the Environment DPD 2010. The Local Planning Authority does not consider that the proposed development brings forward any substantial benefit such as to over ride this harm.



MATTERS SUBMITTED FOR INFORMATION
AP2 10/107 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 10/108 Report of Legal Services Partnership Manager
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 10/109 Exclusion of Press and Public
There were no items considered in private.
The meeting ended at 2230 hours

Attendance Details

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