Meeting documents

Area 3 Planning Committee
Thursday, 26th May, 2005 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
AP3 D5/001 Declarations of interest.
There were no declarations of interest made.
AP3 D5/002 Minutes
RESOLVED: That the Minutes of the meeting of Area 3 Planning Committee held on 28 April 2005 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 D5/003 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 and Transportation, or to 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 applications. Speakers are listed under the relevant planning applications shown below.
AP3 D5/004 TM/04/04222/FL - 91 Robin Hood Lane, Chatham

Business
Erection of 9 terrace houses following demolition of existing, new access, landscaping and parking at 91 Robin Hood Lane, Chatham
RESOLVED: That the application be

APPROVED: Subject to the revision of condition 3 to read:
3. 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. The approved fencing shall be retained at the approved heights thereafter. 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.
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.

(Prior to determination of the above application Members' attention was drawn to the confidential report of the Chief Solicitor)


AP3 D5/005 TM/05/00797/FL - Land Rear of 1 to 5 Mackenders Close, Eccles, Aylesford

Business
Pair of semi-detached three bedroom dwellings at land rear of
1 to 5 Mackenders Close, Eccles
RESOLVED: That the application be

APPROVED
AP3 D5/006 TM/05/01242/FL - The Anchor, 87 Queenswood Road, Aylesford

Business
Change of use of garden at The Anchor, 87 Queenswood Road, Aylesford
RESOLVED: That the application be

APPROVED: Subject to the addition of condition:
2. The existing trees within the extended garden area shall not be lopped, topped, felled, uprooted or wilfully destroyed without the prior written consent of the Local Planning Authority, and any planting removed with or without such consent shall be replaced within 12 months with suitable stock, adequately staked and tied and shall thereafter be maintained for a period of ten years.
Reason: To protect and enhance the appearance and character of the site and locality.

AP3 D5/007 TM/05/00672/FL - Land Adjoining 5 Gilletts Lane, East Malling
Business
New detached 5 bedroom house with integral garage at land adjoining 5 Gilletts Lane, East Malling
RESOLVED: That the application be

APPROVED: Subject to
(1) the addition of condition
11. The dwelling shall not be occupied until the ragstone wall to the front of the site has been reinstated in accordance with the details to be submitted to and approved in writing by the Local Planning Authority. Such a wall shall be retained thereafter.
Reason: to retain and enhance the character of the locality.
(2) the amendment of Informative 3. to read:
3. The applicant is advised that due to the narrowness of Gilletts Lane all delivery and construction vehicles should park and unload within the site and no materials should be stored on the highway. All site traffic should enter and exit Gilletts Lane via The Rocks Road with no site traffic using the private access to the rear of the site at any time. The applicant is advised that only suitable vehicles should use Gilletts Lane.
(3) the addition of Informatives
4. To reduce the severity of domestic property fires and the number of injuries resulting the Fire Officer recommends that consideration should be given to the installation of a sprinkler system in all new properties. (Q053)
5. The applicant is advised to use sympathetic external materials, which have regard to the East Malling Village Design Statement.
6. The applicant is advised to carry out a Geo-technical survey to assist in assessing the most appropriate form of foundations required, given the close proximity to the Gillletts Hole stream.
[Speaker: Mr J Williams - on behalf of East Malling Conservation Group]







AP3 D5/008 TM/04/04154/RD - Land South of School and East of High Street, Wouldham

Business
Revised landscaping and boundary treatment for plots 29-38 submitted pursuant to condition 2 of consent ref. TM/99/01428/OA (Residential development and school playing field) at land south of school and East of High Street, Wouldham
RESOLVED: That the application be

APPROVED
AP3 D5/009 TM/04/04376/FL - Priory Park, Ditton Court, Quarry Mills Road, Quarry Wood, Aylesford
Business
Application under Section 73 for removal of condition 14 of planning permission TM/96/00238/FL (seven industrial units) to allow the 24 hour movement of heavy goods vehicles at Priory Park, Ditton Court Quarry, Mills Road, Quarry Wood, Aylesford
RESOLVED: That the application be

DEFERRED: For a report from the Chief Solicitor on the implications of possible reasons for refusal.

[Speakers: Mr C Clarke, Mr M Sutton and Mr Holmes - member of the public
Mr J Pope on behalf of the Society for the Preservation of the Holt Wood Area Environment; and
Ms H Greenhalgh - Agent for the applicant]
AP3 D5/010 TM/05/00405/FL - 39 Upper Mill (Former Mill Building), East Malling

Business
Change of use and alterations/ refurbishment to form a pair of semi-detached dwellings with a detached garage and partial details of refurbishment submitted pursuant to condition 3 of planning permission TM/01/03099/FL: residential development comprising 63 new build and 2 refurbished dwellings and associated external works, access, landscaping, parking, garaging and traffic management proposals at 39 Upper Mill (former Mill building), East Malling.
RESOLVED: That the application be

APPROVED: Subject to the amendment of the recommendation to read:
‘Grant Planning Permission as detailed in letters dated 20 May 2005, 8 February 2005, design statement dated 23 December 2004 and the building survey report dated October 2004 and by plans 03, 04, 02B and 01A, subject to the following conditions and informatives'.
AP3 D5/011 TM/04/03838/FL - Rosie's Garden Plants, Rochester Road, Aylesford

Business
Temporary stationing of a mobile home for a horticultural worker at Rosie's Garden Plants, Rochester Road, Aylesford.
RESOLVED: That the application be

REFUSED: For the following reasons:
1. The Local Planning Authority is not satisfied that the applicant has adequately met the exceptions tests for creating residential accommodation for a rural worker in the countryside as set out in Annex A of Planning Policy Statement No 7 and policy P6/8 of the Tonbridge and Malling Borough Local Plan 1998. As such the proposal would have resulted in an inappropriate
dwelling within the countryside and the Strategic Gap, also contrary to policies RS5 of the Kent Structure Plan 1996 and P2/18 of the Tonbridge and Malling Borough Local Plan 1998.
2. Given that there is no justification for rural worker residential accommodation in this location, the proposed development would harm the landscape character of the Special Landscape Area, contrary to policy P3/6 of the Tonbridge and Malling Borough Local Plan 1998.


AP3 D5/012 TM/05/00784/FL - Land to North of 10 High Street, East Malling

Business
Erection of one and a half storey house and vehicle turntable at land north of 10 High Street, East Malling
RESOLVED: That the application be

DEFERRED For Members' site inspection.

[Speaker: Ms J Saunders - member of the public and on behalf of Ms G Livermore]
AP3 D5/013 TM/05/00608/FL - 5 Premier Parade, Aylesford

Business
Change of use from A1 (Retail) to A5 (Sale of Hot Food) at 5 Premier Parade, Aylesford
RESOLVED: That the application be

DEFERRED: For reports on the implications of possible reasons for refusal and to consider crime reduction issues.

[Speakers: Mr D Kings - Aylesford Parish Council
Mr Mahoney, Mr J Lloyd on behalf of Mr J Smelt, Mrs I Lloyd,
Mrs R Kelly, Mr B Taylor, Mr D Smith and Mr A Barrett - members of the public; and
Mr C Smith - Agent for the applicant]
MATTERS SUBMITTED FOR INFORMATION
AP3 D5/014 List D
Business
The Director of Planning and Transportation submitted a list of applications determined since the date of the previous meeting.
RESOLVED: That the report be received and noted.
AP3 D5/015 Planning Appeal Decisions and Forthcoming Public Inquiries

Business
Details were given of recently received planning appeal decisions and arrangements made for forthcoming Public Inquiries and Hearings.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP3 D5/016 Exclusion of Press and Public
The Chairman moved, it was seconded and

RESOLVED: That as public discussion would disclose exempt information, the following matters be considered in private.
PART 2 - PRIVATE
MATTERS FOR RECOMMENDATION TO THE CABINET
AP3 D5/017 16A Chapman Way, East Malling - Proposed Lease
(Reason: LGA 1972 Sch 12A Para 9 - Contract Negotiations (Property))

  • (Attachment: 29)Report of Central Services Director
Business
The Central Services Director's report set out details of the terms and conditions to be applied to the renewal of a lease in respect of a lock-up unit at 16A Chapman Way, East Malling.
RECOMMENDED: That an eight year lease be granted for the unit at 16A Chapman Way, East Malling, on the terms and conditions set out in the report of the Central Services Director.
*Referred to Cabinet
MATTERS SUBMITTED FOR INFORMATION
AP3 D5/018 Development at 91 Robin Hood Lane, Walderslade
(Reason: LGA 1972 Sch 12A Para 12 - Legal Advice)

  • (Attachment: 30)Report of Chief Solicitor
Business
The Chief Solicitor presented a report on investigations he had undertaken into the legal implications of a potential refusal by Members of the above application.
RESOLVED: That the report be received and noted.
The meeting ended at 0003 hours

Attendance Details

Present:
Cllr Mrs E A Simpson (Chairman); Cllr P M Hickmott (Vice-Chairman); Cllr G R W Chapman, Cllr J R H Clements, Cllr D A S Davis, Cllr M P Diment, Cllr J Hayes, Cllr P J Homewood, Cllr D M Laverty, Cllr B Miners, Cllr M J Porter, Cllr Mrs C M Ridsdill-Smith, Cllr G Rowe, Cllr A K Sullivan, Cllr D Thornewell and Cllr Mrs C J Woodger.
In attendance:
Councillor R Brown was also present pursuant to Council Procedure Rule 15.21.

Apologies for absence were received from Councillors Dalton, Lettington and Mrs Oakley.

Business

Business
ItemBusiness
AP3 D5/004Erection of 9 terrace houses following demolition of existing, new access, landscaping and parking at 91 Robin Hood Lane, Chatham
AP3 D5/005Pair of semi-detached three bedroom dwellings at land rear of
1 to 5 Mackenders Close, Eccles
AP3 D5/006Change of use of garden at The Anchor, 87 Queenswood Road, Aylesford
AP3 D5/007New detached 5 bedroom house with integral garage at land adjoining 5 Gilletts Lane, East Malling
AP3 D5/008Revised landscaping and boundary treatment for plots 29-38 submitted pursuant to condition 2 of consent ref. TM/99/01428/OA (Residential development and school playing field) at land south of school and East of High Street, Wouldham
AP3 D5/009Application under Section 73 for removal of condition 14 of planning permission TM/96/00238/FL (seven industrial units) to allow the 24 hour movement of heavy goods vehicles at Priory Park, Ditton Court Quarry, Mills Road, Quarry Wood, Aylesford
AP3 D5/010Change of use and alterations/ refurbishment to form a pair of semi-detached dwellings with a detached garage and partial details of refurbishment submitted pursuant to condition 3 of planning permission TM/01/03099/FL: residential development comprising 63 new build and 2 refurbished dwellings and associated external works, access, landscaping, parking, garaging and traffic management proposals at 39 Upper Mill (former Mill building), East Malling.
AP3 D5/011Temporary stationing of a mobile home for a horticultural worker at Rosie's Garden Plants, Rochester Road, Aylesford.
AP3 D5/012Erection of one and a half storey house and vehicle turntable at land north of 10 High Street, East Malling
AP3 D5/013Change of use from A1 (Retail) to A5 (Sale of Hot Food) at 5 Premier Parade, Aylesford
AP3 D5/014The Director of Planning and Transportation submitted a list of applications determined since the date of the previous meeting.
AP3 D5/015Details were given of recently received planning appeal decisions and arrangements made for forthcoming Public Inquiries and Hearings.

AP3 D5/017The Central Services Director's report set out details of the terms and conditions to be applied to the renewal of a lease in respect of a lock-up unit at 16A Chapman Way, East Malling.
AP3 D5/018The Chief Solicitor presented a report on investigations he had undertaken into the legal implications of a potential refusal by Members of the above application.