| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP3 12/028 |
Declarations of interest. |
Councillors Dalton and D Davis declared a personal and prejudicial interest in application TM/11/02654/FL on the grounds that the applicant was known to them and withdrew from the meeting during discussion of this item. Councillor Homewood declared a personal interest in item TM/12/00983MIN on the grounds that in his role as a Kent County Councillor he sat on that authority's planning committee. Councillor Mrs Woodger declared a personal interest in item TM/11/02655/FL on the grounds that she lived close to the application site. |
| AP3 12/029 |
Minutes |
RESOLVED: That the Minutes of the meeting of the Area 3 Planning Committee held on 19 April 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 12/030 |
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 12/031 |
TM/12/00821/FL - 34 Hurst Hill, Walderslade |
Erection of a building in the rear garden for the purpose of carrying out a dog grooming business at 34 Hurst Hill, Walderslade. RESOLVED: That the application be APPROVED in accordance with the submitted details set out in paragraph 7.1 of the report of the Director of Planning, Transport and Leisure, subject to: (1) The conditions, reasons and informatives set out in the main report of the Director of Planning, Transport and Leisure; and (2) Amended Conditions to read: 3. The applicant shall give the local planning authority seven days written notice of the intended date of the commencement of the use hereby permitted. The use hereby permitted shall be discontinued on or before a date three years after the use commences. Reason: In order to allow the Local Planning Authority to assess the impact of the proposed use on highway safety and the amenity of the area, in accordance with policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007, policy SQ1 of the Managing Development and the Environmental Development Plan Document and the National Planning Policy Framework 2012 (paragraph 17). 5. Dogs from a maximum of three clients shall be groomed at the premises within any single day. Reason: To avoid unnecessary disturbance to nearby residential properties, in accordance with Policy CP24 of the Tonbridge and Malling Core Strategy. [Speakers: Mr P Gabbett, member of the public and Mrs Tucker,applicant] |
| AP3 12/032 |
TM/11/03558/FL - Land at Well Street, East Malling |
Construction of stables and outdoor sand manege at land at Well Street, East Malling. Pursuant to Rule 7.2 of the Council and Committee Procedure Rules, consideration was given to a notice of motion signed by 12 Members to grant the application for planning permission submitted under reference TM/11/03558/FL - Land at Well Street, East Malling (Construction of stables and outdoor sand manege) subject to the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure at the meeting of the Area 3 Planning Committee on 31 May 2012, following a previous rejection of this motion at the meeting of the Area 3 Planning Committee on 19 April 2012. Consideration was given to the report of the Chief Solicitor and Monitoring Officer set out in the private part of the agenda. [Minute AP3 12/040 refers]. RESOLVED: That the application be APPROVED in accordance with the submitted details set out in paragraph 8.1 of the report of the Director of Planning, Transport and Leisure, subject to: (1) The conditions, reasons and informatives set out in the main report of the Director of Planning, Transport and Leisure; and (2) Amended Conditions: 3. No development pursuant to this permission shall take place until details of a scheme of surface water disposal to serve the development have been submitted to and approved by the local planning authority. The stables and sand manege shall not be brought into use until the works comprised in the approved scheme have been implemented in full. Reason: In the interests of pollution prevention and in accordance with paragraphs 109 and 120 of the National planning Policy Framework (2012). 4. No development pursuant to this permission shall take place until details of a scheme for the storage and disposal of manure, bedding and any other waste have been submitted to and approved by the local planning authority. The development shall thereafter be operated in accordance with the approved scheme at all times. Reason: As set out in supplementary report. 5. The stables hereby permitted shall be used solely for private stabling of a maximum of five horses and not for commercial stabling or in connection with a riding school/livery or any other business. Reason: Commercial use could harm significantly the amenities of the locality and the free and safe flow of traffic on local highways and in accordance with policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007, policies SQ8 and DC4 of the Tonbridge and Malling Managing Development and the Environment Development Plan Document 2010 and paragraph 17 of the National Planning Policy Framework (2012). 8. If at any time the equestrian buildings hereby approved cease to be used for the accommodation of horses they shall be removed within one month of the cessation and the land returned to its original condition. Reason: In the interest of the visual amenity of the area and to accord with the aspirations of paragraph 109 of the National Planning Policy Framework 2012. [Speaker: Mr Fuller - applicant] |
| AP3 12/033 |
TM/12/00730/FL - 66 Malling Road, Snodland |
Change of use to A3 and erection of Extract Riser at 66 Malling Road, Snodland. RESOLVED: That the application be APPROVED in accordance with the submitted details set out in paragraph 7.1 of the report of the Director of Planning, Transport and Leisure, subject to the following:- (1) The conditions, reasons and informatives set out in the main report of the Director of Planning, Transport and Leisure; (2) Amend Condition: 2. The approved scheme of mechanical ventilation for the removal and treatment of cooking odours shall be fully installed before use of the kitchen commences and shall thereafter be maintained in strict accordance with the approved details. No hot food shall be cooked at the premises unless the mechanical ventilation system is in operation. Reason: In the interests of the residential amenity of nearby dwellings in accordance with Policy CP24 of the Tonbridge and Malling Core Strategy 2007, policy SQ1 of the Managing Development and the Environmental Development Plan Document and paragraphs 120 and 123 of the National Planning Policy Framework 2012. (3) Additional Condition: Within one month of the date of this permission, details of a scheme for the handling, storage and disposal of all waste materials and refuse shall be submitted to the Local Planning Authority for approval. The approved scheme, which shall show provision for the covered or enclosed storage of such materials, shall be fully implemented within one month of such approval and shall be retained and utilised at all times thereafter. Reason: In the interests of pollution control in general and residential amenities and in accordance with paragraph 17 of the National Planning Policy Framework. [Speaker: Mr G Bates on behalf of Mr D Bates, member of the public and Mr Yuzey on behalf of applicant] |
| AP3 12/034 |
TM/11/02654/FL - Old Orchard, Rochester Road, Aylesford |
Retention of the use of land as a residential caravan site for one Gypsy family including the retention of hardstanding and erection of utility building at Old Orchard, Rochester Road, Aylesford. RESOLVED: That the application be REFUSED for the reasons set out in the main report of the Director of Planning, Transport and Leisure; and An Enforcement Notice(s) be issued as set out below and copies be served on all interested parties. The Notice(s) 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 settle the final wording of the Enforcement Notice(s) as may be necessary (including period for compliance) to reflect the circumstances at the time of service. • In the event of an appeal against the Notice(s) 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(s). - Breach Of Planning Control Alleged: The use of the land as a residential caravan site. - Reasons For Issuing The Notice(s): It appears to the Council that, from the evidence before it, the breach of planning control is not immune from enforcement action. The development is contrary to policy CP5 of the Tonbridge and Malling Core Strategy 2007. The development fails to maintain the gap between the built-up areas of Maidstone, Medway Towns and the Medway Gap and no special circumstances have been demonstrated which would justify overriding this Policy. Because of this, the development is also contrary to the aims of paragraph 17 of the National Planning Policy Framework 2012. The development is contrary to policy CP14 of the Tonbridge and Malling Core Strategy 2007 which states that development in the countryside will be restricted to certain specified categories, none of which applies to the development proposed. The development is contrary to paragraph 22 of the Planning Policy for Traveller Sites 2012 and Policy CP20 of the Tonbridge and Malling Borough Core Strategy 2007 for the reason that the likely need for additional gypsy pitches within the Borough will be met by the proposed expansion of an existing gypsy site in the Borough. The personal circumstances of the Application do not constitute sufficient justification to override the overall aims of paragraphs 22 and 23 of the Planning Policy for Traveller Sites 2012. The proposed development fails to address the requirements of Circular 03/99: Planning requirement in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development and therefore has a potential adverse impact upon the environment and public health. An application to retain the residential caravan site, hardstanding and utility building could not be supported in principle and the imposition of conditions could not overcome all the concerns with the unauthorised development. The enforcement notice is needed to overcome the harm to the amenity and character of the countryside. - Requirements: To cease the use of the site as a residential caravan site by the re-instatement of permitted use of the original mobile home to that of incidental to the use of land for the keeping of horses and the removal of the second mobile home. - Period For Compliance: The cessation of prohibited use of the land and removal of the second mobile home must be complied with by 31.01.2013. [Speakers: Mr P Court, agent] |
| AP3 12/035 |
TM/11/02655/FL - Land at Well Street, East Malling |
Change of use of land for stationing of two caravans for residential occupation with associated development (utility shed, hardstanding, amended access, access track and septic tank) at land at Well Street, East Malling. RESOLVED: That the application be REFUSED for the reasons set out in the main report of the Director of Planning, Transport and Leisure; and An Enforcement Notice(s) be issued as set out below and copies be served on all interested parties. The Notice(s) 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 settle the final wording of the Enforcement Notice(s) as may be necessary (including period for compliance) to reflect the circumstances at the time of service. • In the event of an appeal against the Notice(s) 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(s). - Breach Of Planning Control Alleged: The use of the land as a residential caravan site. - Reasons For Issuing The Notice(s): It appears to the Council that, from the evidence before it, the breach of planning control is not immune from enforcement action. 1 The development is contrary to policy CP14 of the Tonbridge and Malling Core Strategy 2007 which states that development in the countryside will be restricted to certain specified categories, none of which applies to the development proposed. The site is located on a raised ridge which results in the development being visible from surrounding public roads and thereby having an unacceptable impact on the open aspect of the countryside. This visual intrusion does not respect the site and its surroundings. The development is therefore contrary to policies CP14, CP20 and CP24 of the Tonbridge and Malling Core Strategy 2007. The development is contrary to paragraph 22 of the Planning Policy for Traveller Sites 2012 and Policy CP20 of the Tonbridge and Malling Borough Core Strategy 2007 for the reason that the likely need for additional gypsy pitches within the Borough will be met by the proposed expansion of an existing gypsy site in the Borough. The personal circumstances of the Application do not constitute sufficient justification to override the overall aims of paragraphs 22 and 23 of the Planning Policy for Traveller Sites 2012. The proposed development fails to address the requirements of Circular 03/99: Planning requirement in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development and therefore has a potential adverse impact upon the environment and public health. An application to retain the residential caravan site, hardstanding, utility building and dog pens could not be supported in principle and the imposition of conditions could not overcome all the concerns with the unauthorised development. The enforcement notice is needed to overcome the harm to the amenity and character of the countryside. - Requirements: To cease the use of the site as a residential caravan site by removing the mobile home, utility building, dog pens and hard standing. - Period For Compliance: The cessation of prohibited use of the land and removal of the mobile home, utility building, dog pens and hardstanding must be complied with by 31.01.2013. [Speaker: Mrs Fuller, applicant] |
| AP3 12/036 |
TM/12/00983/MIN - Ham Hill Quarry, Land East of Sandy Lane, Snodland |
Aggregate recycling facility and a concrete batching plant together with amendments to the currently approved quarry restoration plans (KCC Ref: KCC/TM/0075/2012) at Ham Hill Quarry, land east of Sandy Lane, Snodland, RESOLVED: That the Borough Council OBJECT to the proposal because it does not appear that the noise issues have been fully or correctly addressed. The Borough Council recommends that a site limit for ALL operations taking place at the site should be set at 55dB LAeq, 1hr, free field. The information currently available suggests that that this will not be achievable. The County Council needs to be satisfied that the development would not have an adverse impact on the residential amenity of the surrounding area. The Borough Council considers that no decision should be made on the proposal until the noise issues are resolved and would wish to be reconsulted on any revised details. Given the likely impact on surrounding residents, the Borough Council considers that planning permission should only be granted if the County Council is satisfied that there is a proven need for these additional recycling facilities. The Borough Council is concerned that some of the submitted plans do not fully show existing development in the vicinity of the application site. The County Council should take note of all surrounding development in reaching its decision on the application. In particular, the need for additional screening for residential properties in Sandy Lane should be fully explored. If KCC is minded to grant planning permission conditions should be attached in relation to the following:- 1. Controls on the hours of operation of the crusher, screening and batching plant, and the times of day when this can be brought onto and removed from the site. The Borough Council considers that such activities should be limited to daytime hours only. 2. Controls on noise arising as a result of the operation of the plant and over dust from vehicles accessing/leaving the site. 3. Site restoration to be undertaken if the quarrying use ceases before all quarrying activities completed. 4. Requirement for vehicles on the site to use broadband reversing alarms. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP3 12/037 |
Planning Appeal Decisions |
The report of the Chief Solicitor advised of planning appeal decisions since the meeting held on 19 April 2012. RESOLVED: That the report be received and noted. |
| AP3 12/038 |
Forthcoming Planning Inquiries and Hearings |
The report of the Chief Solicitor advising of forthcoming planning inquiries and hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP3 12/039 |
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 SUBMITTED FOR INFORMATION | ||
| AP3 12/040 |
TM/11/03558/FL - Land at Well Street, East Malling, West Malling, Kent (Reason: LGA 1972 Sch 12A Para 5 - Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) |
Members noted the legal advice set out in the report of the Chief Solicitor and Monitoring Officer. |