Meeting documents

Area 3 Planning Committee
Thursday, 22nd November, 2012 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP3 12/053 Declarations of interest.
There were no declarations of interest made.
AP3 12/054 Minutes
RESOLVED: That the Minutes of the meeting of the Area 3 Planning Committee held on 4 October 2012 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 12/055 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 12/056 TM/12/00985/OA - Termhope Ltd, Land East of Timber Yard, Brook Street, Snodland
Outline Application for 2 B2 units (246m2) with ancillary B1 (80m2) use at Termhope Ltd, Land East of Timber Yard, Brook Street, Snodland.

RESOLVED: That planning permission be

APPROVED in accordance with the submitted details and the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure.
AP3 12/057 TM/12/02035/FL - 53 High Street, East Malling
Two storey side extension, single storey rear addition, front and rear dormer structures, roof lights, front porch at 53 High Street, East Malling.

RESOLVED: That planning permission be

REFUSED for the reasons set out in the report of the Director of Planning, Transport and Leisure.

[Speakers: Mrs J Driver and Mr J Howling - members of the public; Mr J Williams (on behalf of East Malling Conservation Group) and Mr Smith, Applicant].
AP3 12/058 TM/12/02698/OA - Aylesford Nursery, Rochester Road, Aylesford
Proposed permanent agricultural dwelling to supervise the horticultural enterprise at Aylesford Nursery in outline at Aylesford Nursery, Rochester Road, Aylesford.

RESOLVED: That planning permission be

APPROVED in accordance with the submitted details and the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure and subject to the applicant providing a legal undertaking to ensure that the occupation of the property be limited to a person solely or mainly employed as the Manager of the Horticultural Nursery business operating at the site, their family and/or any other resident dependent.

[Speaker: Mrs J Ambler, Applicant]
AP3 12/059 TM/12/02480/FL - Land rear of Bondfield Road, Temple Way and Carnation Crescent, East Malling
Demolition of 5 houses and 36 x one bedroom flats and redevelopment to create 34 flats, 18 family houses and 4 bungalows of affordable accommodation at Land Rear of Bondfield Road, Temple Way and Carnation Crescent, East Malling.

RESOLVED: That the application be

DEFERRED for a Members' Site Inspection

[Speakers: Mr S Millson, Ms J Firman and Mrs D Russell - members of the public; Mr R Brooks (on behalf of East Malling Conservation Group) and Mr P Hicks, Applicant]
AP3 12/060 TM/12/02631/FL - Messenger House, New Hythe Lane, Larkfield
Demolition of all existing buildings and structures on site; ground works to create development levels; construction of a new 870 sq m, three storey KM Group headquarters office; construction of 55 dwellings including garages; creation of a new vehicular access from Sheldon Way and New Hythe Lane, including provision of a new mini roundabout; provision of access roads, footpaths, landscaping and associated infrastructure at Messenger House, New Hythe Lane, Larkfield.

RESOLVED: That planning permission be

APPROVED in accordance with the submitted details and the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure and subject to

(1) the revision of condition 3 to read:-

3. Prior to the development hereby approved commencing details of the slab levels of the proposed buildings and the finished levels of the site shall be submitted to and approved in writing by the Local Planning Authority. Such details as are agreed shall be carried out concurrently with the development.
Reason: In order to secure a satisfactory standard of development and in accordance with paragraphs 17, 57, 58 and 61 of the National Planning Policy Framework.

(2) the amendment of condition 9 to read as follows:-

9. No development shall be commenced until full details of a scheme of acoustic protection of habitable rooms having windows that will be exposed to a level of noise in Noise Exposure Category B, C or D as set out in Policy SQ6 of the Tonbridge and Malling Borough Local Plan have been submitted to and approved in writing by the Local Planning Authority. The scheme of acoustic protection shall be sufficient to secure internal noise levels no greater than 30 LAeq dB in bedrooms and 40 LAeq dB in living rooms with windows closed. Additionally, where the internal noise levels will exceed 40 LAeq dB in bedrooms or 48 LAeq dB in living rooms with windows open the scheme of acoustic protection shall incorporate appropriate acoustically screened mechanical ventilation, or any other form of ventilation as agreed by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the dwelling to which it relates and shall be retained at all times thereafter.
Reason: To protect the aural environment of the occupiers.

(3) the addition of condition 13

13. The development hereby permitted shall be undertaken in accordance with the following plans and supporting documents:-
Letter dated 28.08.2012, Planning Statement dated 28.08.2012, Design and Access Statement dated 28.08.2012, Flood Risk Assessment dated 28.08.2012, Flood Risk Assessment APPENDICES A-G dated 28.08.2012, Flood Risk Assessment APPENDICES H-J dated 28.08.2012, Transport Statement dated 28.08.2012, Transport Statement APPENDICES A-E dated 28.08.2012, Transport Statement APPENDICES F-G dated 28.08.2012, Transport Statement PLANS dated 28.08.2012, Ecological Assessment dated 28.08.2012, Noise Assessment dated 28.08.2012, Archaeological Assessment dated 28.08.2012, Archaeological Assessment FIGURES 1-8 dated 28.08.2012, Archaeological Assessment FIGURES 9-13 dated 28.08.2012, Environmental Assessment and APPENDICES A-E dated 28.08.2012, Environmental Assessment APPENDICES F-N dated 28.08.2012, Environmental Assessment GEOINSIGHT REPORT PART 1 dated 28.08.2012, Environmental Assessment GEOINSIGHT REPORT PART 2 dated 28.08.2012, Environmental Assessment EMAPS LARGE SCALE dated 28.08.2012, Environmental Assessment EMAPS SMALL SCALE dated 28.08.2012, Landscape Layout 1420/01 REV A dated 28.08.2012, Drawing 10.057/102 dated 28.08.2012, Drawing 10.057 BROADWAY dated 28.08.2012, Drawing 10.057 CANTERBURY SH1 dated 28.08.2012, Drawing 10.057 CANTERBURY SH2 dated 28.08.2012, Drawing 10.057 DOUBLE GARAGE TYPE 1 dated 28.08.2012, Drawing 10.057 DOUBLE GARAGE TYPE 2 dated 28.08.2012, Drawing 10.057 KENILWORTH SH1 dated 28.08.2012, Drawing 10.057 KENILWORTH SH2 dated 28.08.2012, Drawing 10.057 KENILWORTH SH3 dated 28.08.2012, Drawing 10.057/BP1 REV B dated 28.08.2012, Drawing 10.057/BP2 REV B dated 28.08.2012, Drawing 10.057/BP3 REV B dated 28.08.2012, Drawing 10.057/BP4 REV B dated 28.08.2012, Drawing 10.057/BP5 REV B dated 28.08.2012, Drawing 10.057/BP6 REV B dated 28.08.2012, Drawing 10.057/BP7 REV B dated 28.08.2012, Drawing 10.057 FLATS SH1 dated 28.08.2012, Drawing 10.057 FLATS SH2 dated 28.08.2012, Drawing 10.057 FLATS SH3 dated 28.08.2012, Drawing 10.057 FLATS SH4 dated 28.08.2012, Drawing 10.057 FLATS SH5 dated 28.08.2012, Drawing 10.057 FLATS SH6 dated 28.08.2012, Drawing 10.057 FLATS SH7 dated 28.08.2012, Drawing 10.057 FLATS SH8 dated 28.08.2012, Drawing 10.057 PEMBROKE dated 28.08.2012, Drawing 10.057 SINGLE GARAGE TYPE 1 dated 28.08.2012, Drawing 10.057 STRATFORD dated 28.08.2012, Drawing 10.057 TRIPLE GARAGE SH1 dated 28.08.2012, Drawing 10.057 TRIPLE GARAGE SH2 dated 28.08.2012, Drawing 10.057 WARWICK dated 28.08.2012, Drawing 10.057 YORK dated 28.08.2012, Letter dated 30.10.2012, Drawing 10.057 OXFORD dated 30.10.2012, Drawing 10.057 SHREWSBURY dated 30.10.2012, Site Plan 1204/02/04 D dated 30.10.2012, Site Layout 10.057/100 G dated 30.10.2012, Street Scenes 10.057/101 C dated 30.10.2012, Email from Barton Willmore dated 06.11.2012.
Reason: To ensure that the development does not harm the character of the locality in accordance with Policies CP1 and CP24 of the Tonbridge and Malling Borough Core Strategy, Policy SQ1 of the Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document and paragraphs 57, 58 and 61 of the National Planning Policy Framework (2012).

[Speaker: Mr G Flintoff - Agent]
AP3 12/061 TM/12/02844/FL - Carnation Close, East Malling
Demolition of existing garages at Carnation Close and the erection of 2 new 3 bedroom/5 person houses with associated landscaping, gardens and car parking at Carnation Close, East Malling.

RESOLVED: That planning permission be

APPROVED in accordance with the submitted details and the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure and subject to

(1) the amendment of Informative 1 to read:

1. During the demolition and construction phase the hours of working (including deliveries) shall be restricted to Monday to Friday 0800-1800 hours, Saturdays 0800-1300 hours with no work on Sundays or Public or Bank Holidays. You are advised to contact the Environmental Health Pollution Control Team on pollution.control@tmbc.gov.uk in advance of the commencement of works to seek the necessary consents required under Section 61 of the Control of Pollution Act 1974.

(2) the addition of Informatives 2 and 3 as follows:-
2. 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 Street Naming & Numbering, Tonbridge and Malling Borough Council, Gibson Building, Gibson Drive, Kings Hill, West Malling, Kent, ME19 4LZ or to e-mail to nameandnumbering@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.

3. The applicants are encouraged to consider enhancing the street lighting to the alleyway from Carnation Close to New Road as part of the environmental enhancements to the estate as a whole.

[Speaker: Mr P Hicks - Applicant]
AP3 12/062 TM/12/02846/FL - Lavender Road, East Malling
Demolition of existing garages at Lavender Road/Catlyn Close and the erection of 5 new houses: 2 x 2 bed and 3 x 3 bed, with associated landscaping, gardens and car parking at Lavender Road, East Malling.

RESOLVED: That planning permission be

APPROVED in accordance with the submitted details and the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure and subject to

(1) the addition of condition 6

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.

(2) the amendment of Informative 1 to read:

1. During the demolition and construction phase the hours of working (including deliveries) shall be restricted to Monday to Friday 0800-1800 hours, Saturdays 0800-1300 hours with no work on Sundays or Public or Bank Holidays. You are advised to contact the Environmental Health Pollution Control Team on pollution.control@tmbc.gov.uk in advance of the commencement of works to seek the necessary consents required under Section 61 of the Control of Pollution Act 1974.

(3) the addition of Informative 2

2. 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 Street Naming & Numbering, Tonbridge and Malling Borough Council, Gibson Building, Gibson Drive, Kings Hill, West Malling, Kent, ME19 4LZ or to e-mail to nameandnumbering@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.

(4) the addition of Informative 3

3. The applicant is reminded of the right of access benefitting 31 & 33 Lavender Road that crosses the site. The applicant is requested to ensure that any works undertaken that may impact on this right of access are fully discussed with all relevant parties to minimise disruption. The applicant is also requested to ensure adequate site security is maintained at all times and that any demolition works are carried out in such a way not to damage or disrupt the neighbouring properties.

[Speaker: Mr J Spooner, member of the public]
AP3 12/063 TM/12/02857/FL - Twisden Road, East Malling
Demolition of existing garages at Twisden Road and erection of 7 new 2 bedroom/4 person houses with associated landscaping, gardens and car parking at Twisden Road, East Malling.

RESOLVED: That planning permission be

APPROVED in accordance with the submitted details and the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure and subject to

(1) the addition of condition 6

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.

(2) the amendment of Informative 1 to read:

1. During the demolition and construction phase the hours of working (including deliveries) shall be restricted to Monday to Friday 0800-1800 hours, Saturdays 0800-1300 hours with no work on Sundays or Public or Bank Holidays. You are advised to contact the Environmental Health Pollution Control Team on pollution.control@tmbc.gov.uk in advance of the commencement of works to seek the necessary consents required under Section 61 of the Control of Pollution Act 1974.

(3) the addition of Informative 2

2. 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 Street Naming & Numbering, Tonbridge and Malling Borough Council, Gibson Building, Gibson Drive, Kings Hill, West Malling, Kent, ME19 4LZ or to e-mail to nameandnumbering@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.
MATTERS FOR CONSIDERATION IN PRIVATE
AP3 12/064 Exclusion of Press and Public
No matters were considered in private.
The meeting ended at 2110 hours

Attendance Details

Present:
Cllr A K Sullivan (Chairman), Cllr J A L Balcombe (Vice-Chairman), Cllr R W Dalton (Second Vice-Chairman), Cllr J Atkins, Cllr T Bishop, Cllr Mrs B A Brown, Cllr P J Homewood, Cllr D Keeley, Cllr S M King, Cllr Miss A Moloney, Cllr M Parry-Waller, Cllr D W Smith, Cllr R Taylor and Cllr Mrs C J Woodger.

In attendance:
Councillor Mrs Murray was also present pursuant to Council Procedure Rule No 15.21.

Apologies for absence were received from Councillors Mrs Bellamy, D Davis, Mrs Oakley and Mrs Simpson.