| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 09/087 |
Declarations of interest. |
There were no declarations of interest made. |
| AP2 09/088 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 16 September 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 09/089 |
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 09/090 |
TM/09/00269/FL - The Horseshoes, Sandy Lane, West Malling |
Private gypsy and traveller caravan site with one mobile home, one touring caravan and utility building (resubmission of TM/04/00281/FL)at The Horseshoes, Sandy Lane, West Malling. RESOLVED: That the application be DEFERRED for: (1)the formal decisions on the planning and DCLG grant applications for expansion of KCC's Gypsy and Traveller Site at Coldharbour Lane; (2)Officers to re-assess the suggested 3 year period of compliance in the light of the timescale that emerges in relation to Coldharbour site; (3) Officers to advise on the implications of the applicants refusing any pitches that become available at Coldharbour Lane in the future; (4) Officers to request information from the Director of Housing about affordable housing being available for the applicants and whether it has/can be established if it could be offered to the applicants; and (5) TMBC officers to liaise with Kent Highway Services (KHS) to re-assess the Highway safety issues in light of the KHS officer's expressed willingness to physically reappraise the highways conditions at the site. |
| AP2 09/091 |
TM/07/04156/FL - Land North East of Askew Bridge, Maidstone Road, Platt |
Change of use to residential for one extended gypsy family, stationing of one mobile homes and one touring caravan, and erection of one utility room and one store room at land north east of Askew Bridge, Maidstone Road, Platt. RESOLVED: That the application be DEFERRED for: (1) the formal decisions on the planning and DCLG grant applications for expansion of KCC's Gypsy and Traveller Site at Coldharbour Lane; (2) Officers to re-assess the suggested 3 year period of compliance in the light of the timescale that emerges in relation to Coldharbour site; (3) Officers to advise on the implications of the applicants refusing any pitches that become available at Coldharbour Lane in the future; (4) Officers to request information from the Director of Housing about affordable housing being available for the applicants and whether it has/can be established if it could be offered to the applicants; (5) TMBC officers to liaise with Kent Highway Services (KHS) to re-assess the Highway safety issues in light of the KHS officer's expressed willingness to physically reappraise the highways conditions at the site; and (6) the Director of Health and Housing to reassess whether the noise environment would change in the event of any future change in the types trains/rolling stock using the adjacent railway line. [Speakers: Parish Councillor R Jones, Platt Parish Council; Mrs C Hendrey and Mr M Jerome, members of the public and Mr Woods, agent] |
| AP2 09/092 |
TM/09/01487/FL - Land East of Teston Road, Teston Road, West Malling |
Change of use of land for stationing of one twin unit mobile home and two touring caravans for residential occupation by single gypsy family; associated utility shed, storage shed, septic tank, hard standing and pathways and recessed gateway to site (Part retrospective)at land east of Teston Road, Teston Road, West Malling. RESOLVED: That the application be DEFERRED for: (1) the formal decisions on the planning and DCLG grant applications for expansion of KCC's Gypsy and Traveller Site at Coldharbour Lane; (2) Officers to re-assess the suggested 3 year period of compliance in the light of the timescale that emerges in relation to Coldharbour site; (3) Officers to advise on the implications of the applicants refusing any pitches that become available at Coldharbour Lane in the future; (4) Officers to request information from the Director of Health and Housing about affordable housing being available for the applicants and whether it has/can be established if it could be offered to the applicants; and (5)TMBC officers to liaise with Kent Highway Services to re-assess the Highway safety issues in light of the KHS officer's expressed willingness to physically reappraise the highways conditions at the site. |
| AP2 09/093 |
TM/08/03531/FL - Land at Pinkham Lane, East Peckham |
Retrospective application for change of use to stable yard and retention of two caravans for residential occupation by a single gypsy family with associated works and use of land at Pinkham Lane, East Peckham. RESOLVED: That (1) the application be REFUSED; 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 the change in use of the land to the use for the stationing of caravan(s) for residential purposes and the creation of hard surfaces and the use of a paddock area as domestic garden. ~Reasons For Issuing The Notice: It would appear to this authority that the above breach of planning control has occurred within the last ten years. The site is in a Flood Risk Zone 3(b) and is classified as a highly vulnerable form of development. Therefore there is a serious and unacceptable risk to life that can not be satisfactorily mitigated contrary to guidance in PPS25 (Development and Flood Risk) and policies NRM4 of the South East Plan and CP10 of the Tonbridge and Malling Core Strategy 2007. The development constitutes inappropriate development within the Metropolitan Green Belt and is therefore harmful by definition and by harm on the amenities and openness of the Green Belt. The development is thereby contrary to PPG 2 and Policy CP3 of the Tonbridge and Malling Borough Core Strategy 2007. The development is contrary to policy CP14 of the Tonbridge and Malling Core Strategy 2007 which states that development will not normally be permitted in rural Kent, other than at the villages and small rural towns, unless the development falls into one of the special categories listed in policy, none of which applies to the development proposed. The development is contrary to policy CP20 of the Tonbridge and Malling Core Strategy 2007 for the reason that it is located in the Green Belt. Due to the overriding flood risk of the site, no adequate case of overriding material considerations has been made to justify the harm caused by development. ~Requirement: A. To cease the use of the site for the stationing of any caravan for residential purposes and remove from the land all caravan(s) and hard surfaces. B. To cease the use of the paddock area as domestic garden area and remove from this land all domestic paraphernalia including all children's play equipment. ~Period For Compliance: Three calendar months from the date the Notice takes effect [Speaker: Mr Fuller, applicant] |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 09/094 |
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 09/095 |
Forthcoming Planning Inquiries and Hearings |
The Chief Solicitor presented details of the arrangements for forthcoming Public Inquiries and Hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 09/096 |
Exclusion of Press and Public |
There were no items considered in private. |