| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 12/035 |
Declarations of interest. |
There were no declarations of interest made. |
| AP2 12/036 |
Minutes |
RESOLVED: That the Minutes of the meeting of the Area 2 Planning Committee held on 11 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 | ||
| AP2 12/037 |
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. 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. |
| AP2 12/038 |
TM/11/02922/FL - 29 Hale Street, East Peckham |
Construction of a new detached dwelling in the grounds of Hale Place and erection of garaging at 29 Hale Street, East Peckham. 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 report of the Director of Planning, Transport and Leisure. (2) Amended conditions: 4. Prior to the commencement of development, details comprising plans of the proposed and existing levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The finished floor levels of the dwelling shall be raised 0.15m above the existing ground level. The development hereby permitted shall be undertaken in accordance with those approved details. Reason: To ensure that the development does not harm the existing character of the area and in the interests of flood mitigation in accordance with Policies CP1, CP10 and CP24 of the Tonbridge and Malling Borough Core Strategy, Policy SQ1 of the Tonbridge and Malling Managing Development and the Environment Development Plan Document and paragraphs 57, 58, 61, 99 - 104 of the National Planning Policy Framework (2012). 7. 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. These details shall include the retention of existing boundary hedge(s) at heights that respect neighbouring amenities. 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 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). (3) Addition of informative: 1. Before works commence, the applicant is advised to seek advice from the Environmental Protection Service of the Borough Council with regard to minimising noise disturbance during construction. [Speakers: Mrs Davies, Mrs Hart and Mr Pries - members of the public and Mr Standway on behalf of the applicant.] |
| AP2 12/039 |
TM/11/00671/FL - West Malling Cricket Club, Norman Road, West Malling |
Change of use from D2 use to D1 and D2 use to allow the building to be used as a day centre for adults with learning disabilities at West Malling Cricket Club, Norman Road, West Malling. 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 report of the Director of Planning, Transport and Leisure. |
| AP2 12/040 |
TM/12/00788/FL - 4 Cellini Walk, Kings Hill |
Two storey rear extension and single storey side extension at 4 Cellini Walk, Kings Hil,l West Malling. RESOLVED: That the application be DEFERRED for a Members' Site Inspection [Speakers: Mrs Woodcock - Kings Hill Parish Council and Mrs Pinnell - applicant.] |
| AP2 12/041 |
TM/12/00416/FL - The Lodge, Ightham Court, Fen Pond Road, Ightham |
Single storey kitchen extension at The Lodge, Ightham Court, Fen Pond Road, Ightham. 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. |
| AP2 12/042 |
TM/12/00596/FL - The Former Rectory, The Street, Plaxtol |
Demolition of existing rear addition and the construction of a two storey rear extension, porch extension, internal alterations and garage at The Former Rectory, The Street, Plaxtol. 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 report of the Director of Planning, Transport and Leisure. (2) Addition of informative: 1. The applicant is advised that further extensions to the property are unlikely to be accepted as they would be likely to lead to unacceptable overdevelopment of the plot. [Speaker: Ms J Tasker - agent]] |
| AP2 12/043 |
TM/11/03350/FL - Partridge Farm, Sandy Lane, Ryarsh |
Retrospective permission for extension to existing equestrian building and change of use to B1 business unit at Partridge Farm, Sandy Lane, Ryarsh. RESOLVED: That (1) Planning permission be REFUSED for the following reasons: 1. The site lies within the Metropolitan Green Belt where there is a strong presumption against permitting inappropriate development, as defined in paragraph 89 of The National Planning Policy Framework and policy CP 3 of the Tonbridge and Malling Core Strategy 2007. The erection of this building for a use falling with Class B1 constitutes inappropriate development and is therefore also contrary to the National Planning Policy Framework (paragraphs 87-89) and policy CP 3 and no adequate case of very special circumstances has been submitted. 2. The proposal is contrary to Policy CP 14 of the Tonbridge and Malling Core Strategy 2007, which states that development will not normally be permitted in the countryside, unless the development falls into one of the special categories listed in this policy, none of which applies to the development, the subject of this application. (2) 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: o The concurrence of the Chief Solicitor, he being authorised to amend the wording of the Enforcement Notice as may be necessary. o 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: without planning permission, the erection of an extension to a stable building and its use for purposes falling within Class B1 of the Town and Country Planning (Use Classes) Order 1987 (as amended); - Reasons for issuing the Notice: A breach of planning control has occurred within the last 4 years. The erection of the extension for its current use is inappropriate development within the Green Belt and an unacceptable form of development within the general countryside. The development causes detriment to the openness of the Green Belt and it is not considered that very special circumstances exist that override the normal policy presumption against this development. This development is, therefore, contrary to Policies CP3 and CP 14 of the Tonbridge and Malling Borough Core Strategy 2007 as well as paragraphs 87-89 of the National Planning Policy Framework 2012. The Enforcement Notice is necessary to alleviate the harm caused to the Green Belt by this inappropriate development, which would also erode its openness. The Council has refused planning permission for the retention of this building because planning conditions could not overcome these objections. - Requirement: To cease the unauthorised use for purposes falling within Class B1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) and demolish unauthorised extension to the building shown hatched on the attached plan (TMBC 2) and remove all arisings from the site. - Period for compliance: Six calendar months from the date that the notice takes effect. [Speakers: Mr P Beresford on behalf of Mr G Beresford - member of the public and Ms S Eilliot - agent] |
| AP2 12/044 |
TM/11/01444/FL - Woodfold, Old Lane, Ightham |
Variation of conditions 1 and 2 on TM/07/01238/FL: Change of use for stationing of two caravans for residential use, fencing and sheds for occupation by a single gypsy family at Woodfold Old Lane, Ightham. RESOLVED: That (1) Planning permission be REFUSED for the following reasons: 1. The site lies within the Metropolitan Green Belt where there is a strong presumption against permitting inappropriate development, as defined in paragraphs 89-91 of the National Planning Policy Framework 2012 and paragraph 14 of the Planning Policy for Traveller Sites 2012 and Policies CP3 and CP20 of the Tonbridge and Malling Borough Core Strategy 2007. An inadequate case of very special circumstances has been submitted in justification of the harm caused by inappropriateness and the harm to the openness of the Green Belt. 2. The development, by virtue of its nature and scale, detracts from the openness of the Green Belt and the character of the rural locality and is therefore contrary to paragraphs 17 and 79 of the National Planning Policy Framework 2012, paragraph 23 of the Planning Policy for Traveller Sites 2012 and Policies CP14 and CP20 of the Tonbridge and Malling Borough Local Development Framework Core Strategy. 3. 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. (2) 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 Notices. - Breach Of Planning Control Alleged 1. Continued use of the site without planning permission as a residential caravan site with associated infrastructure following expiry of conditions 1 and 2 of appeal decision APP/H2265/A/08/2062848 dated 17 July 2008. 2. Continued retention on the site without planning permission of fencing, storage shed, utility shed, external lighting, following expiry of conditions 1 and 2 of appeal decision APP/H2265/A/08/2062848 dated 17 July 2008. 3. Continued retention of a red brick hard surface without planning permission following expiry of condition 1 of appeal decision APP/H2265/C/09/2110816 dated 14 December 2009. 4. Continued retention of stable block following expiry of condition 1 of planning permission TM/10/00719/FL dated 16 June 2010. - Reasons For Issuing The Notice(s) It appears to the Council that, from the evidence before it, the breaches of planning control are not immune from enforcement action. The site lies within the Metropolitan Green Belt where there is a strong presumption against permitting inappropriate development, as defined in paragraphs 89-91 of the National Planning Policy Framework 2012 and paragraph 14 of the Planning Policy for Traveller Sites 2012 and policies CP3 and CP20 of the Tonbridge and Malling Borough Core Strategy 2007. An inadequate case of very special circumstances has been submitted in justification of the harm caused by inappropriateness and the harm to the openness of the Green Belt. The development, by virtue of its nature and scale, detracts from the openness of the Green Belt and the character of the rural locality and is, therefore contrary to paragraphs 17 and 79 of the National Planning Policy Framework 2012, paragraph 23 of the Planning Policy for Traveller Sites 2012 and Policies CP14 and CP20 of the Tonbridge and Malling Borough Local Development Framework Core Strategy. 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. An application to retain the residential caravan site, associated structures, stables and red brick paving could not be supported in principle and the imposition of conditions could not overcome all the concerns with the unauthorised development. The enforcement notice(s) are needed to overcome the harm to the site by inappropriateness and harm to the openness of the Green Belt and countryside. - Requirements 1. To cease the use of the site as a residential caravan site and to remove from the land all caravans, fencing and domestic structures including sheds, utility rooms and generators from the land. 2. To remove the red brick paving hardsurface and all arisings from the land and restore the land to its pre development condition including replanting of trees 3. To remove the stable block and all arising from the land and restore the land to its pre-development condition - Period For Compliance The cessation of prohibited use of the land, removal of all structures and restoration to pre development condition must be complied with by 31.01.2013. [Speaker: Mr J Edwards - Ightham Parish Council and Mrs R Simpson] |
| AP2 12/045 |
TM/11/01191/FL - Isles Quarry, Quarry Hill Road, Borough Green |
Erection of 177 dwellings, creation of 6.82 ha of public open space including local area of equipped play (leap), new vehicular access onto Haul Road and modified vehicular access onto Quarry Hill roundabout. Provision of access roads, footpaths, landscaping and all associated infrastructure, removal of bridge deck to Isles Quarry East, Isles Quarry, Quarry Hill Road, Borough Green. RESOLVED: That a Members' Site Inspection be arranged. [Speaker: Mr M Taylor - Borough Green Parish Council] |
| AP2 12/046 |
Alleged Unauthorised Development 11/00198/UNAUTU - Land rear of houses on London Road, Ryarsh |
Land rear of houses on London Road, Ryarsh, West Malling. RESOLVED: That the Enforcement Notice issued on 21 December 2011 BE WITHDRAWN and all parties served with a copy of the Notice and the Planning Inspectorate be informed of the withdrawal. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 12/047 |
Planning Appeal Decisions |
The report of the Chief Solicitor advising of planning appeal decisions since the meeting held on 11 April 2012. RESOLVED: That the report be received and noted. |
| AP2 12/048 |
Forthcoming Planning Inquiries and Hearings |
The report of the Chief Solicitor advised of forthcoming planning inquiries and hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 12/049 |
Exclusion of Press and Public |
There were no items to be considered in private. |