| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP3 07/086 |
Declarations of interest. |
No declarations of interest were made. |
| AP3 07/087 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 3 Planning Committee held on 8 November 2007 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 07/088 |
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 07/089 |
(A) TM/07/00274/FL & (B) TM/07/00273/LB - Rosalinds Cottage, 466 Station Road, Aylesford |
(A) Conversion of Rosalinds Cottage into two dwellings incorporating alterations (B) Listed Building Application: Conversion of Rosalinds Cottage into two dwellings incorporating alterations at Rosalinds Cottage, 466 Station Road, Aylesford RESOLVED: That Application (A) be APPROVED subject to (1) the revision of Informative 4 to read:- 4. Surface water from private areas is not to discharge onto the public highway or adjoining properties. and (2) the addition of Informative 6. The applicant is recommended to take full account of the advice given by the Department of the Environment, Transport and the Regions in PPG 23 Planning and Pollution Control. This advice (in paragraph 14 of Annex 10) indicates that "the responsibility for safe development and secure occupancy of the site rests with the developer". You should note that this Council, acting as Local Planning Authority, has determined the application on the basis of the information available to it - this does not mean that the land is free from contamination. Application (B) be APPROVED |
| AP3 07/090 |
TM/07/00289/FL - Brassey Community Centre, Station Road, Aylesford |
Erection of two new dwellings at Brassey Community Centre, Station Road, Aylesford RESOLVED: That the application be APPROVED subject to (A) A Section 106 Legal Agreement to ensure that all profits gained from the development of the two dwellings as approved shall only be used by the Brassey Community Trust for its charitable activities and the renovation of the Listed Building, Rosalinds Cottage; and (B) the following conditions and Informatives: 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990. 2. No development shall take place until samples of all materials to be used externally have been submitted to and approved in writing by the Local Planning Authority, and the development shall be carried out in accordance with the approved samples. Reason: To ensure that the development does not harm the character and appearance of the adjoining listed buildings or the visual amenity of the locality. 3. No development shall take place until details to a scale of not less than 1:5 of all windows and external joinery including fascia details have been submitted to and approved in writing by the Local Planning Authority, and the development shall be carried out in accordance with the approved details. Reason: To ensure that the development does not harm the character and appearance of the adjoining listed buildings or visual amenity of the locality. 4. The dwellings hereby permitted shall not be occupied until the area shown on the submitted site layout as vehicle parking space has been provided. Thereafter this space 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 or re-enacting that Order) shall be carried out on the land so shown or in such a position as to preclude vehicular access to it. Reason: Development without provision of adequate accommodation for the parking or garaging of vehicles is likely to lead to hazardous on-street parking. 5. No building shall be occupied until the area shown on the submitted plan as turning area has been provided, surfaced and drained. Thereafter it 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 this reserved turning area. Reason: Development without provision of adequate turning facilities is likely to give rise to hazardous conditions in the public highway. 6. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping and boundary treatment. All planting, seeding and turfing comprised in the approved scheme of landscaping shall be implemented during the first planting season following occupation of the buildings or the completion of the development, whichever is the earlier. Any trees or shrubs removed, dying, being seriously damaged or diseased within 10 years of planting shall be replaced in the next planting season with trees or shrubs of similar size and species, unless the Authority gives written consent to any variation. Any boundary fences or walls or similar structures as may be approved shall be erected before first occupation of the building to which they relate. Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality. 7. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification which has been submitted to and approved by the Local Planning Authority. Reason: To ensure that features of archaeological interest are properly examined and recorded. 8. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority details of the slab levels of the dwellings, and the development shall be carried out in accordance with the approved details. Reason: In the interests of flood prevention. 9. At no time shall sleeping accommodation be provided on the ground floor of the buildings hereby approved. Reason: In the interests of safety in the event of flooding. 10. Before any works commence on site, a walkover ecological survey of the site, or any part thereof identified by the Local Planning Authority shall be carried out by a qualified ecologist to determine how the site is used by Protected Species. Details of the survey and an assessment of the impact of the proposed development and any appropriate alleviation measures shall be submitted to and approved by the Local Planning Authority before any works on site are commenced. Such measures shall then be implemented concurrently with the development or in accordance with a programme first agreed with the Local Planning Authority. Reason: To ensure that any protected species on the site are satisfactorily protected. 11. A 1.8 metre high imperforate fence shall be erected along the entire southern boundary of the site prior to the first occupation of either of the dwellings hereby approved and shall be retained at all times thereafter. Reason: In the interests of the aural amenity of the occupiers of the dwellings. 12. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that order), no windows or similar openings shall be constructed at first floor level in the north and west elevation(s) of the proposed dwelling adjoining Crossing Keepers Cottage other than as hereby approved, without the written consent of the Local Planning Authority. Reason: To enable the Local Planning Authority to regulate and control any such development in the interests of amenity and privacy of adjoining property. 13. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order), no windows or similar openings shall be constructed in the north elevation of the proposed dwelling located in the south eastern corner of the site other than as hereby approved, without the prior written consent of the Local Planning Authority. Reason: To enable the Local Planning Authority to regulate and control any such further development in the interests of amenity and privacy of adjoining property. 14. No development shall be commenced until: (a) a site investigation has been undertaken to determine the nature and extent of any contamination, and (b) the results of the investigation, together with an assessment by a competent person and details of a scheme to contain, treat or remove any contamination, as appropriate, have been submitted to and approved by the Local Planning Authority. The assessment and scheme shall have regard to the need to ensure that contaminants do not escape from the site to cause air and water pollution or pollution of adjoining land. The scheme submitted pursuant to (b) shall include details of arrangements for responding to any discovery of unforeseen contamination during the undertaking of the development hereby permitted. Such arrangements shall include a requirement to notify the Local Planning Authority of the presence of any such unforeseen contamination. Prior to the first occupation of the development or any part of the development hereby permitted (c) the approved remediation scheme shall be fully implemented insofar as it relates to that part of the development which is to be occupied, and (d) a Certificate shall be provided to the Local Planning Authority by a responsible person stating that remediation has been completed and the site is suitable for the permitted end use. Thereafter, no works shall take place within the site such as to prejudice the effectiveness of the approved scheme of remediation. Reason: In the interests of amenity and public safety. 15. No development or site preparation works shall take place until there has been submitted to and approved in writing by the local Planning Authority details of all final site levels. Reason: In the interests of amenity and flood protection. Informatives 1. The proposed development is within a road which has a formal street numbering scheme and it will be necessary for the Council to allocate postal address(es) to the new property/ies. To discuss the arrangements, you are invited to write to the Chief Solicitor, Tonbridge and Malling Borough Council, Gibson Building, Gibson Drive, Kings Hill, West Malling, Kent, ME19 4LZ or contact Trevor Bowen, Principal Legal Officer, on 01732 876039 or by e-mail to trevor.bowen@tmbc.gov.uk. To avoid difficulties for first occupiers, you are advised to do this as soon as possible and, in any event, not less than one month before the new properties are ready for occupation. 2. With regard to the construction of the pavement crossing, the applicant is asked to consult The Highways Manager, Kent Highways, Joynes House, New Road, Gravesend, Kent, DA11 0AT. Tel: 08458 247 800. 3. The applicant is reminded of the need to liaise with the Local Authority regarding refuse storage and collection and the Fire Service regarding emergency access. 4. Surface water from private areas is not to discharge onto the public highway or adjoining properties. 5. The applicant must liaise closely with the Highway manager prior to and during the construction phase to ensure that safety is maintained at all times and to reduce the impact on the free flow of traffic in the vicinity. Suitable on site wheel washing facilities are likely to be required to prevent mud and debris being deposited on the public highway. |
| AP3 07/091 |
TM/07/04048/LB - 1 High Street, East Malling |
Listed Building Application: Remedial works to provide additional support to the beam over the shop front and to stabilise the brickwork over at 1 High Street, East Malling RESOLVED: That the application be APPROVED |
| AP3 07/092 |
TM/07/03416/FL - Land Rear of 51 Mill Street, off Cottenham Close, East Malling |
Erection of 3 bedroom chalet bungalow at land rear of 51 Mill Street, off Cottenham Close, East Malling RESOLVED: That the application be REFUSED for the following reason and Informative: 1. The proposal will be sited in close proximity to the rear and side boundaries, which will result in an overbearing and oppressive impact to the neighbouring properties, as well as resulting in overlooking and the loss of privacy to adjacent properties. As such the proposal is contrary to policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and QL1 of the Kent and Medway Structure Plan 2006. Informative The applicant is advised that this Local Planning Authority is more likely to accept a dwelling with ground floor accommodation only (with no rooms in the roof). [Speaker: Mr R Brooks on behalf of the East Malling Conservation Group] |
| AP3 07/093 |
TM/07/03685/FL - 7 High Street, Wouldham |
Demolition of side extension and erection of new two storey house with off street car parking at 7 High Street, Wouldham RESOLVED: That the application be DEFERRED for a Members' site inspection. |
| AP3 07/094 |
TM/06/02612/FL - 7-9 High Street, Aylesford |
Change of use of first floor accommodation to restaurant and pre-drinks area at 7-9 High Street, Aylesford RESOLVED: That the application be APPROVED subject to the revision of condition 4 to read: 4. The terrace area shall not be used until a scheme for the permanent privacy screening of the boundary with 11 High Street has been submitted to and approved in writing by the Local Authority. Once implemented the terrace area shall not be used outside the hours of 09:00 and 21:00 or dusk, whichever is sooner, on any day, with the doors kept closed at all times. Reason: In the interests of residential amenity. [Speaker: Mr G Sharpe - member of the public] |
| AP3 07/095 |
TM/07/03346/FL - Priory Park, Mills Road, Quarry Wood Industrial Estate, Aylesford |
Construction of a new B8 distribution centre for supermarket home deliveries a new vehicle maintenance building, a manned gatehouse, a vehicle fuelling and washing facility, plant compound and associated car park and van parking at Priory Park, Mills Road, Quarry Wood Industrial Estate, Aylesford RESOLVED: That the application be APPROVED subject to (1) the amendment of condition 14 to read: 14. The noise from the operation of reverse warning alarms shall be inaudible at the boundary of any dwelling. Reason: In the interests of residential amenity. (2) the amendment of condition 17 to read: 17. The vehicle maintenance workshop, fuel island and vehicle wash shall not be used at any time between the hours of 10pm and 7am Monday to Sunday inclusive. Reason: In the interests of residential amenity. and (3) the addition of Informative 3. The applicant is recommended to set up a liaison Committee with the local residents, Aylesford and Ditton Parish Councils, Tonbridge and Malling Borough Council and the landlord of the wider site to deal with matters of shared interest. [Speakers: Mr C Clarke and Miss J Jenner - members of the public, and Mr P Edwards - Agent] |
| AP3 07/096 |
Alleged Unauthorised Development 07/00345/UNAWKS - Aylesford Village Club, 57 Rochester Road, Aylesford |
This item was WITHDRAWN from the agenda. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP3 07/097 |
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 07/098 |
Planning Appeal Decisions |
The Chief Solicitor submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP3 07/099 |
Exclusion of Press and Public |
No items were considered in private. |