| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP3 08/023 |
Declarations of interest. |
Councillor Balcombe declared a personal and prejudicial interest in the item relating to the alleged unauthorised development at Corio Farm, East Malling in that he was a personal friend of the landowner. He withdrew from the meeting during consideration of this item. |
| AP3 08/024 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 3 Planning Committee held on 10 April 2008 be approved as a correct record and signed by the Chairman. |
| DECISIONS TO BE TAKEN BY THE COMMITTEE | ||
| AP3 08/025 |
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 08/026 |
TM/08/00732/FL - Land rear of 51 Mill Street, off Cottenham Close, East Malling |
Erection of single storey 3 bedroom bungalow at land rear 51 Mill Street, Off Cottenham Close, East Malling RESOLVED: That the application be APPROVED |
| AP3 08/027 |
(A) TM/08/00270/OA and (B) TM/08/00881/A10 - Land west of Rochester Road, Rochester |
(A) Outline Application: Change of use and provision of B1 development comprising of 12,000 to 15,000 sq m of floorspace with associated landscaping, vehicular access, internal roads, parking, services and ancillary development (B) Article 10 Consultation by Medway Council for Outline Application: Change of use and provision of B1 development comprising of 12,000 to 15,000 sq m of floorspace with associated landscaping, vehicular access, internal roads, parking, services and ancillary development at land west of Rochester Road, Rochester RESOLVED: That (1) Application (A) be REFUSED; and (2) OBJECTIONS BE RAISED in respect of Application (B) [Speaker: Mr C Thurlow on behalf of the applicant] |
| AP3 08/028 |
(A) TM/08/00208/WAS and (B) TM/08/00209/WAS - Margetts Pit, Scarborough Lane, Burham |
(A) Proposed variation of approved restoration and aftercare scheme together with changes to the waste types in order to accelerate the completion of cells 1, 2 and 3 by the end of 2009 and cell 1A by the end of 2012 (KCC ref: PAG/TM/07/TEMP/0076) (B) Construction and operation of a new surface water balancing pond and soakaway to serve the Margetts Pit landfill surface water drainage system (KCC ref. PAG/TM/07/TEMP/0076) at Margetts Pit, Scarborough Lane, Burham RESOLVED: That (1) strong OBJECTIONS BE RAISED in respect of application (A) as follows:- 1. TMBC raises strong objections regarding the significant increase in HGV movements and the potential detrimental impact on the local communities. The significant increase in traffic movements will also have an adverse impact on the local highway network, which includes stretches of narrow single width lanes, some of which are already in poor condition as a result of use by unsuitable vehicles. As such the proposal is contrary to policy TP15, NR5 and QL2 of the Kent & Medway Structure Plan, CP2 of the Tonbridge and Malling Borough Core Strategy 2007 and the saved policy P3/17 of the Tonbridge and Malling Borough Local Plan 1998. 2. TMBC also objects to the development, unless we can be assured that all alternatives for achieving the closure of the pit have been considered before deciding on an option that requires such a significant increase in traffic on the local road network. These alternatives might include restoration at a lower level. Discussions should be held with the Environment Agency to explore whether there is any scope for extending the deadline date for filling. 3. Due consideration should be given to the proposed works to Court Road as part of the Peters Pit development, when considering any increased number of HGV movements. 4. The County Council should satisfy itself that, in any event, there will remain adequate provision for the disposal of ink waste for the applicant. (2) NO OBJECTIONS BE RAISED in respect of Application (B) |
| AP3 08/029 |
Alleged Unauthorised Development 08/00047/UNAUTU - Corio Farm, 450 Wateringbury Road, East Malling |
The report of the Director of Planning, Transport and Leisure set out details of the unauthorised use of land at Corio Farm, East Malling RESOLVED: That (1) 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 Acting Chief Solicitor, he being authorised to amend the wording of the Enforcement Notices 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 A material change of use of land consisting of the expansion a mixed agricultural contracting and civil engineering business, incorporating various and substantial operations in connection with the running of the business including the storage of plant and materials, the processing of materials, maintenance of vehicles and the installation of a hard surface, onto pasture land hitherto unused for these purposes. Reasons for Issuing the Notice 1. The local planning authority is satisfied that the material change of use alleged has taken place within the last ten years. The unauthorised use of the land and associated operations are not in keeping with its location and constitutes excessive encroachment and expansion of development onto the countryside. The scale of the unauthorised use and associated operations are not appropriate or sensitive to local distinctiveness or the character of the countryside, do not enhance or maintain the countryside, do not result in a high quality environment, and are detrimental to the amenity and functioning of the countryside. The unauthorised use has an adverse impact on residential amenity in terms of noise and disturbance. It is therefore contrary to PPG4, draft PPS4, PPS7, policies CP1, CP14 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007, Saved Policy P3/17 of the Tonbridge and Malling Local Plan 1998, and policies SS8, ENV1 and QL1 of the Kent and Medway Structure Plan 2006. Requirement 1. To cease the use of the land as shown on the attached plan for the mixed agricultural contracting and civil engineering business incorporating various and substantial operations in connection with the running of the business including the storage of plant and materials, the processing of materials and the installation of a hardstanding. 2. Remove from the land all materials, equipment, hard surfaces and arisings associated with the unauthorised use. 3. Restore the area shown on the attached plan to pasture land. Period for Compliance 12 weeks (2) Further Proceedings In the event of the Enforcement Notice not being complied with and subject to satisfactory evidence, the Acting Chief Solicitor be authorised to commence any proceedings which may be necessary under Section 179 of the Town and Country Planning Act 1990 (as amended) to secure compliance with the Enforcement Notice. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP3 08/030 |
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 08/031 |
Planning Appeal Decisions |
The Acting Chief Solicitor submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP3 08/032 |
Exclusion of Press and Public |
No items were considered in private. |