Meeting documents

Area 3 Planning Committee
Thursday, 18th August, 2011 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP3 11/030 Declarations of interest.
Councillor D Davis declared a personal and prejudicial interest in application TM/11/00931/OA on the grounds that he was a near neighbour to the application site. After making a personal statement he withdrew from the meeting during consideration of this item.
AP3 11/031 Minutes
RESOLVED: That the Minutes of the Area 3 Planning Committee held on 2 June 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
AP3 11/032 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. Any supplementary reports were tabled at the meeting.

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.
AP3 11/033 TM/11/00931/OA - 125 Rochester Road, Burham
Outline Application: Erection of 8 no. residential units comprising 6 no. four bedroomed detached dwellinghouses and 2 no. three bedroomed semi-detached dwellinghouses with associated access and parking facilities at 125 Rochester Road, Burham.

During consideration of this item, it was proposed, seconded and RESOLVED to move into private session to receive legal advice. Once this had been received the decision was taken in public. [Minute Number: AP3 11/040]

RESOLVED: That planning permission be granted in accordance with the following submitted details: Design and Access Statement dated 06.04.2011, Planning Statement dated 28.04.2011, Contaminated Land Assessment dated 06.04.2011, Environmental Statement dated 06.04.2011, Location Plan dated 07.04.2011, Survey dated 07.04.2011, Email dated 24.06.2011, Site Layout 1585-GA-1001 D dated 24.06.2011, subject to the following:

(1) The applicant entering into a Section 106 Planning Obligation to secure commuted payments towards the provision of affordable housing.

(2) the conditions and informatives as set out in the report of the Director of Planning, Transport and Leisure.

(3) Additional informatives:

7. This permission does not purport to convey any legal right to undertake works or development on land outside the ownership of the applicant without the consent of the relevant landowners.

8. If the development hereby permitted involves the carrying out of building work or excavations along or close to a boundary with land owned by someone else, you are advised that, under the Party Wall, etc Act 1996, you may have a duty to give notice of your intentions to the adjoining owners before commencing this work.

[Speakers: Mr C Richardson, Ms W Neath, Mr Frost, Mr Patel and Mr Smith (Members of the Public
AP3 11/034 TM/11/01507/FL - 36 High Street, Snodland
Subdivision of ground floor to create part retail unit (Class A1 use) and part financial and professional services (Class A2 use), and installation of new shop front at 36 High Street, Snodland.

RESOLVED: That

(1) planning permission be refused in accordance with the following submitted details: Letter dated 06.06.2011, Planning Statement dated 06.06.2011, Design and Access Statement dated 06.06.2011, Proposed Floor Plans 09.20.10 dated 06.06.2011, Letter received 09.08.2011 and Drawing number 09.10.03 received 09.08.2011, subject to the reason as set out in the report of the Director of Planning, Transport and Leisure.

(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 installation of a new shop front.

- Reasons For Issuing The Notice:

It would appear to this Authority that the above breach of planning control has occurred in the last four years. The loss of an older style shop front and the replacement with one of modern design and materials, is harmful to the visual amenities and character of the Snodland Conservation Area, contrary to the aims of saved policy P4/13 and policy annex PA4/13 of the Tonbridge and Malling Borough Local Plan, policy CP24 of the Tonbridge and Malling Borough Core Strategy and PPS5: Planning and the Historic Environment.

- Requirement:

To remove the unauthorised shop front and reconstruct the shop front as shown on drawings to be attached to the Enforcement Notice.

- Period For Compliance:

Three calendar months from the date the Notice takes effect.

[Speaker: Mr A Totham (member of the public)]
AP3 11/035 TM/11/01269/FL - Land at Hillberry House, 353 Wateringbury Road, East Malling
Removal of condition 4 (the site shall only operate between 1st March and 31st October) on planning permission reference TM/10/01908/FL (continued use of land as caravan site to accommodate up to 20 touring caravans)at land at Hillberry House, 353 Wateringbury Road, East Malling.

RESOLVED: That the application be

APPROVED, subject to the conditions and informatives set out in the report of the Director of Planning, Transport and Leisure.
AP3 11/036 TM/11/00285/OA - SCA Packaging, Papyrus Way, Aylesford
Outline application for the demolition of existing buildings and erection of warehouse development (Use Class B1(c)/B2/B8) and associated works at SCA Packaging, Papyrus Way, Aylesford.

RESOLVED: That planning permission be granted, subject to:

(1) the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure.

(2) Additional conditions:

18. The development shall be carried out in accordance with the following plans and documentation: Letter dated 02.02.2011, Planning Statement dated 02.02.2011, Design and Access Statement dated 02.02.2011, Air Quality And Odour Survey dated 02.02.2011, Ecological Assessment dated 02.02.2011, Flood Risk Assessment dated 02.02.2011, Desk Study Assessment dated 02.02.2011, Noise Assessment dated 02.02.2011, Report SUSTAINABILITY REPORT dated 02.02.2011, Transport Statement dated 02.02.2011, Travel Plan dated 02.02.2011, Location Plan NK016546/A1/SK016 B dated 16.05.2011, Plan NK016546/A1/102 A dated 16.05.2011, Plan NK016546/A1/101 C dated 16.05.2011.

Reason: For the avoidance of doubt and in order to reflect the submitted plans.

19. Before any works commence on site a management plan setting out measures to control noise arising from vehicle movement within the site (including specifically the use of reverse warning bleepers) shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme unless any variation has been agreed by the Local Planning Authority in writing beforehand.

Reason: For the interests of residential amenities.

(3) Additional informatives:

5. Attention is drawn to the face that the application site is within close proximity to residential dwelling houses. It is recommended that the applicant prepare a management plan to address the potential noise nuisance arising from vehicles parking in the vicinity of the site, whilst waiting to enter the site, with engines running and associated issues.

6. The applicant is requested to consider the use of ‘New Hythe' prominently in any name or title given to this development, in order to reduce the likelihood of vehicles inadvertently approaching the site through residential areas due to misdirection.

[Speaker: Mr J Harris (Applicant)]
MATTERS SUBMITTED FOR INFORMATION
AP3 11/037 List D
The Director of Planning, Transport and Leisure submitted a list of applications determined since the date of the previous meeting.

It was pointed out to officers that application TM/11/01213/CR3, planning permission for construction of a proposed accessible ramp and steps, had been submitted by Kent County Council and not St James County Primary School as shown.

RESOLVED: That the report be received and noted.
AP3 11/038 Planning Appeal Decisions
The Chief Solicitor advised of planning appeal decisions since the last meeting of the Area 3 Planning Committee.

RESOLVED: That the report be received and noted.
AP3 11/039 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
AP3 11/040 Exclusion of Press and Public
It was proposed, seconded and

RESOLVED: That as public discussion would disclose exempt information part of application TM/11/00931/OA - 125 Rochester Road, Burham be considered in private in order to receive legal advice (LGA 1972 Sch 12A Para 5 - Legal advice). Once this had been received the meeting resumed in public session. [Minute Number: AP3 11/033]
The meeting ended at 2215 hours

Attendance Details

Present:
Cllr A K Sullivan (Chairman), Cllr Miss A Moloney (Vice-Chairman), Cllr J A L Balcombe (Second Vice-Chairman), Cllr Mrs J M Bellamy, Cllr T Bishop, Cllr Mrs B A Brown, Cllr D A S Davis, Cllr Mrs C M Gale, Cllr P J Homewood, Cllr S M King, Cllr Mrs A S Oakley, Cllr M Parry-Waller, Cllr Mrs E A Simpson, Cllr D W Smith, Cllr R Taylor and Cllr Mrs C J Woodger.
In attendance:
Councillor Heslop was also present pursuant to Council Procedure Rule No 15.21

Apologies for absence were received from Councillors Dalton and Keeley.