Meeting documents

Area 3 Planning Committee
Thursday, 1st October, 2009 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP3 09/059 Declarations of interest.
Councillor Homewood declared personal and prejudicial interests in applications TM/09/00452/FL and TM/09/01733/AT in that he knew the applicant personally. He withdrew from the meeting during consideration of these items.
AP3 09/060 Minutes
RESOLVED: That the Minutes of the meeting of the Area 3 Planning Committee held on 20 August 2009 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
AP3 09/061 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 applications shown below.
AP3 09/062 TM/09/00452/FL - 429-431 London Road, Ditton
Erection of 6m high light column with luminaire at 429 - 431 London Road, Ditton.

RESOLVED: That the application be

REFUSED for the following reason:-

The proposed light column and luminaire, by virtue of their design, size and siting, would be visually intrusive adding to the clutter in the street scene and result in additional light pollution experienced by the occupiers of the neighbouring properties. The light column would therefore be contrary to Policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007.

[Speaker: Mr P Dalton, member of the public]
AP3 09/063 TM/09/01733/AT - 429-431 London Road, Ditton
4x freestanding, non-illuminated advertisements at 429 - 431 London Road, Ditton.

RESOLVED: That

(1) Express Advertisement Consent be granted in respect of signs B and C subject to the addition of the following conditions:-

8. This permission shall be an alternative to the following permissions and shall not be exercised in addition thereto, or in combination therewith. (Permission granted on 11 July 2007 and under reference TM/07/00842/AT).
Reason: The exercise of more than one permission would result in an overintensive use of the land.
9. This consent shall enure only for the benefit of Mr John Wright and only whilst the two properties 429 and 431 London Road, Aylesford, are within the same ownership and it shall not enure for the benefit of the land or any other person or persons for the time being having an interest therein.
Reason: The siting of the signs in front of the residential property is only considered to be acceptable whilst that property is in the same ownership as the commercial property to which these signs relate.

and (2) Advertisement Consent in respect of Signs A and D be

REFUSED

[Speaker: Mr L Foster, member of the public]
AP3 09/064 TM/08/03774/FL - Paris Farm, The Rocks Road, East Malling
Change of use from B1 (light industrial) to a mixed B1 (light industrial) and D1 (chiropractic clinic) including the stationing of a portakabin clinic unit at Paris Farm, The Rocks Road, East Malling.

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 stationing of a portable unit on the land.

Reasons for Issuing the Notice
It would appear to the Authority that the above breach of planning control has occurred within the last four years. The retention of the portable building would be detrimental to the open character of the countryside location and the rural location in general and is therefore contrary to Policy CP14 of the Tonbridge and Malling Borough Core Strategy 2007.

Requirement
To permanently remove the portable unit from the land.

Period For Compliance
Six Calendar months from the date that the Notice becomes effective.
MATTERS SUBMITTED FOR INFORMATION
AP3 09/065 List D
The Director of Planning, Transport and Leisure submitted a list of applications determined since the date of the last meeting.

RESOLVED: That the report be received and noted.
AP3 09/066 Planning Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
AP3 09/067 Forthcoming Planning Inquiries and Hearings
The Chief Solicitor presented details of the arrangements for forthcoming Planning Inquiries and Hearings.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP3 09/068 Exclusion of Press and Public
No matters were considered in private.
The meeting ended at 2025 hours

Attendance Details

Present:
Cllr A K Sullivan (Chairman), Cllr R W Dalton (Vice-Chairman), Cllr Mrs E A Simpson (Second Vice-Chairman), Cllr Mrs S J Boakes, Cllr Mrs B A Brown, Cllr J R H Clements, Cllr D A S Davis, Cllr P J Homewood, Cllr D Keeley, Cllr Miss A Moloney, Cllr B D Stone, Cllr D Thornewell and Cllr L A Withey.
In attendance:
Councillor Worrall was also present pursuant to Council Procedure Rule No 15.21.

Apologies for absence were received from Councillors Balcombe, Lettington, Mrs Oakley, D Smith and Mrs Woodger.