| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 08/028 |
Declarations of interest. |
Councillor Sayer declared a personal and prejudicial interest in application TM/07/03048/RD on the grounds that a comment made by him appeared in the committee report which could be seen as causing undue influence. He withdrew from the meeting during the discussion of this application. |
| AP2 08/029 |
Minutes |
RESOLVED: That the Minutes of the meeting of the Area 2 Planning Committee held on 13 February 2008 be approved as a correct record and signed by the Vice-Chairman. |
| DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION | ||
| AP2 08/030 |
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 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 application shown below. |
| AP2 08/031 |
(A) TM/07/01879/FL & (B) TM/07/01878/LB - 62 High Street, West Malling |
(A)Change of use of building to A3/A4 use with associated minor alterations at 62 High Street West Malling. (B) Listed Building Application: Change of use of building to A3/A4 (restaurant, cafe, public house) at 62 High Street West Malling. RESOLVED: That application (A) be APPROVED (B) be GRANTED Note: Notwithstanding acceptance of these applications Members were anxious that some sort of study needed to be undertaken of the balance of A1/2/3/4/5 uses in West Malling. |
| AP2 08/032 |
(A) TM/06/00966/OA & (B) TM/06/00930/OA - (A) Phase 3 Platt Industrial Estate, Maidstone Road, Platt & (B) Phase 4 Platt Industrial Estate, Maidstone Road, Platt |
(A) Outline Application: Erection of 6 no. warehouse units with ancillary office accommodation and vehicular parking spaces at Phase 3 Platt Industrial Estate Maidstone Road Platt. (B) Outline Application: Erection of 2 no. warehouse units with ancillary office accommodation and vehicular parking spaces at Phase 4 Platt Industrial Estate Maidstone Road Platt. RESOLVED: That application (A) be REFUSED (B) be REFUSED [Speakers: Mr M Collins, member of the public and Mr B Grimley, applicant] |
| AP2 08/033 |
TM/07/04068/FL - Fre Mel Farm, Comp Lane, Offham |
Demolition of existing vehicle repair workshops and erection of a new workshop for the repair of vehicles at Fre Mel Farm Comp Lane Offham. RESOLVED: That the application be APPROVED, subject to (1) the addition of condition: 12. No development shall take place until details of the slab level of the building have been submitted to and approved by the Local Planning Authority, and the work shall be carried out in strict accordance with those details. Reason: To ensure that the development does not harm the character and appearance of the existing building or visual amenity of the locality. [Speakers: Parish Councillor Mr P Nelson - Offham Parish Council; Mr S Bryant, member of the public; Mr D Godfrey, Offham Society and Mrs L Paternoster, applicant] |
| AP2 08/034 |
TM/07/04481/OA - Venture Cafe and Bapchild Motoring World (former Valrosa), London Road, Addington |
Outline Application for demolition of all buildings and construction of new showroom and workshop building in connection with car sales (Re-submission) at Venture Cafe And Bapchild Motoring World (Former Valrosa) London Road Addington. RESOLVED: That the application be APPROVED, subject to (1) The addition of informative: 4. The applicant is advised that in accordance with condition 1 of this planning permission, the building must be of a footprint and height that is no larger than those dimensions specified within the outline planning application to which this decision relates. |
| AP2 08/035 |
TM/07/04463/FL - Walnut Tree Farm, Addington Lane, Trottiscliffe |
Conversion and extension of outbuilding to create a small detached dwelling, one and a half storey high with parking and turning facilities at Walnut Tree Farm Addington Lane Trottiscliffe. RESOLVED: That the application be DEFERRED for a Members' Site Inspection. [Speakers: Parish Councillor Mr P Laite, Trottiscliffe Parish Council; Mr R Mott, member of the public and Mr E Pryjemski, agent] |
| AP2 08/036 |
TM/07/03998/FL - 17 Queen Street, Kings Hill |
Change of use from Class A1 Retail Services to A2 Professional Services at 17 Queen Street Kings Hill. RESOLVED: That the application be REFUSED |
| AP2 08/037 |
(A) TM/07/02954/FL & (B) TM/07/02952/LB - Red Lion Public House, 45 Sevenoaks Road, Borough Green |
(A) Erection of 6 no. detached houses and the conversion of the public house into 2 dwellings with ancillary parking and the construction of a new access drive and roundabout junction at Red Lion Public House 45 Sevenoaks Road Borough Green. (B) Listed Building Application: Conversion of the public house into two dwellings with ancillary parking at Red Lion Public House 45 Sevenoaks Road Borough Green. RESOLVED: That application (A) be APPROVED, subject to (1) Replace condition 10 with: 10. 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 road traffic noise in Noise Exposure Category B or C as set out in Policy P3/17 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 level will exceed 40 LAeq dB in bedrooms or 48 LAeq dB in living rooms with windows open the scheme for acoustic protection should incorporate appropriate acoustically screened mechanical ventilation. Mechanical ventilation should also be provided to bedrooms having openings onto facades that will be exposed to a level of road traffic noise in excess of 78 LAmax (slow) time weighting. The scheme shall be submitted in a single concise document and where plans are included to demonstrate mitigation measures within the site, they shall show only the development, the subject of this planning permission and no other development schemes within this site. The scheme shall clearly show what mitigation measures are required for the proposed and existing buildings, as well as any acoustic landscaping features that may also be required to be located within the site. The approved scheme shall be implemented prior to the first occupation of the dwelling to which it relates. Reason: To safeguard the aural amenity of the occupiers of the dwelling hereby approved. (2) The amendment to informative: 4. The applicant is advised to liaise with Kent Highways Manager with regard to the work within the extent of the Public Highway (especially road closures necessary) and to construct the Puffin Crossing and roundabout at the same time to avoid two road closures. (B) be GRANTED [Speakers: Parish Councillor C Willsher, Borough Green Parish Council and Mr S Milliner, member of the public ] |
| AP2 08/038 |
TM/07/03048/RD - The Meadows, Hildenborough Road, Shipbourne |
Amendments to approved landscaping scheme submitted pursuant to condition 6 of planning permission TM/00/02509/FL (Demolition of existing buildings and erection of new dwelling, and detached garage) including minor changes to layout of parking and turning areas at The Meadows Hildenborough Road Shipbourne. RESOLVED: That the application be APPROVED, subject to (1) The addition of an informative: 1. The applicant is encouraged to consider planting a hedge of indigenous species inside the fence on the eastern boundary, so that when it is mature enough to provide a dense screen, the fence might be removed. Note: Members requested that an Article 4 Direction be served removing permitted development rights for gates, walls and fences. [Speakers: Mr A Bristow, Mrs Turner, Mr J Wesson and Mrs J Wesson, members of the public and Mr M Dade, agent] |
| AP2 08/039 |
07/00334/TIPPIN - 65 Annetts Hall, Borough Green |
Alleged Unauthorised Development at 65 Annetts Hall Borough Green. 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 Chief Solicitor, he being authorised to amend the wording of the Enforcement Notice 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 The change of use of land from residential garden land to use for storage of rubbish and refuse materials. Reasons for Issuing The Notice The change of use of the land for the storage of rubbish and refuse has resulted in a poor quality environment that does not protect or enhance the surrounding built environs, and has a negative impact on residential amenity and the quality of the land contrary to policy CP1 of the Tonbridge and Malling Core Strategy 2007. It would appear to the local planning authority that this breach of planning control has occurred within the last ten years. Requirement 1. Cease the use of the land for the storage of rubbish and refuse materials and; 2. Remove from the land all rubbish and refuse materials. Period for Compliance 28 days from the date of effect of the notice. (2)Further Proceedings In the event of the Enforcement Notice not being complied with and subject to satisfactory evidence, the 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 |
| AP2 08/040 |
07/00485/UNAWKS - Land Adjoining 283 Beech Road, Mereworth |
Alleged Unauthorised Development at land adjoining 283 Beech Road Mereworth. 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 Chief Solicitor, he being authorised to amend the wording of the Enforcement Notice 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 The erection of a wooden structure. Reasons for Issuing The Notice PPS1 - Delivering Sustainable Development sets out the Government's overarching planning policies on the delivery of high quality sustainable development through the planning system. Policy CP1 of the Tonbridge and Malling Core Strategy 2007 states that all proposals for new development must result in a high quality sustainable environment and the need for development will be balanced against the need to protect and enhance the natural and built environment. In determining applications, the quality of the countryside will be preserved and wherever possible, enhanced. The erection of a wooden structure has resulted in a poor quality environment and does not protect or enhance the surrounding natural environment, or preserve the quality of the surrounding countryside. The development lies within the Metropolitan Green Belt and does not fall within any of the categories of development identified in PPG2: Green Belts as being potentially "appropriate" in the Green Belt. It therefore constitutes inappropriate development in the Green Belt National policy in PPG2 is applied to this locality through policy CP3 of the Tonbridge and Malling Core Strategy 2007 and policy SS2 of the KMSP. This requires very special circumstances to be demonstrated for any inappropriate development. There are no such very special circumstances to justify a departure from policy in this instance. Similarly, Core Strategy policy CP14 seeks to limit development in the countryside to certain categories, none of which applies in this instance. Core Strategy policy CP24 requires all development to be well designed and of a high quality in terms of its detailing and materials. It must through its character and appearance be designed to respect the site and its surroundings. Development which by virtue of its design would be detrimental to the built environment, amenity or functioning and character of a settlement or the countryside will not be permitted. This structure is of poor, utilitarian appearance that is harmful to the character and appearance of the countryside and also to the residential amenities of the neighbouring property. It would appear to the local planning authority that this breach of planning control has occurred within the last four years. Requirement 1. Remove the wooden structure. Period for Compliance 28 days from the date of effect of the notice. (2) Further Proceedings In the event of the Enforcement Notice not being complied with and subject to satisfactory evidence, the 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. |
| AP2 08/041 |
08/00019/UNAUTU - 2 Hale Street, East Peckham |
Alleged Unauthorised Development at 2 Hale Street East Peckham. 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 Chief Solicitor, he being authorised to amend the wording of the Enforcement Notice 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 The material change of use of land from a petrol filling station with associated uses for the purposes of providing a car washing service to the general public. Reasons for Issuing The Notice The change of use of the land has a negative noise impact on nearby residential premises. It has resulted in a poor quality environment that does not protect or enhance the surrounding built environs, and has a negative impact on residential amenity and the quality of the land. The use does not seek to minimise water consumption or harness any potential for water recycling. This is contrary to PPS1, PPG24, policy P3/17 of the 1998 Tonbridge and Malling Local Plan and policy CP1 and CP21.3 of the 2007 Tonbridge and Malling Core Strategy. It would appear to the local planning authority that this breach of planning control has occurred within the last ten years. Requirement 1. Cease the use of the land as a car wash Period for Compliance 1 calendar month from the date of effect of the notice. (2) Further Proceedings In the event of the Enforcement Notice not being complied with and subject to satisfactory evidence, the 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 | ||
| AP2 08/042 |
List D |
The Director of Planning, Transport and Leisure submitted a list of applications determined since the date of the previous meeting. RESOLVED: That the report be received and noted. |
| AP2 08/043 |
Planning Appeal Decisions |
The Chief Solicitor submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| AP2 08/044 |
Forthcoming Planning Inquiries and Hearings |
The Chief Solicitor presented details of the arrangements for forthcoming Public Inquiries and Hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 08/045 |
Exclusion of Press and Public |
No matters were considered in private. |