Meeting documents

Area 2 Planning Committee
Wednesday, 7th December, 2005 7.30 pm

ItemDescriptionResolution
PART 1 - PUBLIC
AP2 05/082 Declarations of interest.
Declarations of interest were made as set out under the relevant planning applications listed below.
DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION
AP2 05/083 Development Control
Decisions were taken on the following applications subject to the prerequisites, informatives, conditions or reasons for refusal set out in the report of the Director of Planning and Transportation, or the variations listed 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.
AP2 05/084 TM/05/01341/OA - Land Rear of 31 to 38 Brickfields, West Malling
RESOLVED: That the application be

APPROVED subject to
(1) The addition of condition 14.Development is restricted to a single storey only.
Reason: In the interests of the visual amenities of the locality, to prevent the over intensive development of the site and to ensure that the scale of the development is compatible with the character of the site and its surroundings.
AP2 05/085 TM/04/02445/FL - 34 Maidstone Road, Borough Green
RESOLVED: That the application be

APPROVED subject to
(1) the addition of resolution
'2. In the event that an appropriate S106 agreement is not completed within six months of the date of this meeting Refuse Planning Permission for the following reasons:-
1. The development would be likely to create unacceptable additional hazards to traffic using the A25 by virtue of the increased possibility for the conflict between vehicles accessing the site and those using the car park within which the access is situated. Such conflicts could give rise to reversing manoeuvres onto the A25 or the stopping and queuing of vehicles on the A25. Accordingly, the proposals are contrary to the provision of Policy T19 of the KSP 1996.
2. The development would be likely to create unacceptable additional hazards to pedestrians by virtue of the increased possibility for conflict between vehicles accessing the new dwellings and the use of the access by pedestrians to access the adjacent recreation ground.'

(Councillor Mrs Murray declared a prejudicial interest in the above application on the grounds of being a member of Borough Green Parish Council which owned the land providing access to the application site. She withdrew from the meeting during consideration of this application.)
AP2 05/086 TM/05/00370/FL - 2 Millstream Cottages, 217 Tonbridge Road, East Peckham
RESOLVED: That the application be

APPROVED subject to
(1) the amendment of condition 2 to read:
2. The area hereby approved as a parking/turning area shall be kept available for such uses at all times and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order) shall be carried out on the land so shown or in such position as to preclude vehicular access to this reserved vehicle parking/turning area.
Reason: The change of use is justified solely by the need for on-site turning.
AP2 05/087 TM/05/02476/FL - Plot 13 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: That the application be

REFUSED subject to the amendment of condition 9 to read:
'9. The Local Planning Authority does not consider that there is any justification, in the circumstances of the present application for overriding the planning policy objections (GR03).'
AP2 05/088 TM/05/02721/FL - Plot 3 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: That the application be

REFUSED
AP2 05/089 TM/05/02483/FL - Plot 10 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: That the application be

REFUSED
AP2 05/090 TM/05/02743/FL - Plot 19 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: that the application be

REFUSED

[Speaker: Mr Gess - applicant]
AP2 05/091 TM/05/02479/FL - Plot 6 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: that the application be

REFUSED

[Speaker: Mrs Bibby - applicant]
AP2 05/092 TM/05/02481/FL - Plot 1 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: That the application be

REFUSED

[Speaker: Mr Nelson Reid - applicant]
AP2 05/093 TM/05/02482/FL - Plot 8 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: That the application be

REFUSED

[Speaker: Mr Swales Bailey - applicant]
AP2 05/094 TM/05/02536/FL - Plot 11 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: That the application be

REFUSED

[Speaker: Mr Gary Phillips - applicant]


AP2 05/095 TM/05/02478/FL - Plot 9 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: That the application be

REFUSED

[Speaker: Mr Davis - applicant]
AP2 05/096 TM/05/02477/FL - Plot 14 Travelling Showpeople's Quarters, Crouch Lane, Borough Green
RESOLVED: That the application be

REFUSED

AP2 05/097 TM/04/02579/FL - Control Tower, Alexander Grove, Kings Hill
RESOLVED: That the application be

REFUSED subject to
(1) the following reasons:
1. The proposal by reason of the nature of the proposed use and the proposed hours of operation would cause significant detriment to the amenities of the occupiers of neighbouring residential properties in terms of noise and general disturbance. The proposal is therefore contrary to policies RS 1 of the Kent Structure Plan 1996, QL 1 of the Kent and Medway Structure Plan: Deposit Plan 2003 and P3/17 of the Tonbridge and Malling Borough Local Plan 1998;
2. The proposed development would, by reason of the proposed external works and alterations, fail to preserve the setting of this unique Grade II Listed Building and as such is contrary to policy P4/1 of the Tonbridge and Malling Borough Local Plan 1998; and
(2) the addition of informative: -
1. The LPA is not convinced that the proposed use can be satisfactorily accommodated in the building without introducing additional acoustic containment and that this is likely to harm the character of the building, either by disturbing the visual appearance of the very characteristic window design/pattern, or by introducing secondary glazing which would be harmful to the interior of the building.

[Speakers: Mr Robert Bradley - member of public and Mr David Hicken - Agent]
AP2 05/098 TM/04/00481/FL & TM/04/00485/LB - The Dower House, Roydon Hall Road, East Peckham
RESOLVED: That the applications(A) and (B) be

DEFERRED for Members' site inspection

[Speaker: Mrs J Cresswell - East Peckham Parish Council]
AP2 05/099 05/00001/UNAWKS - 28 Fairfield Road, Borough Green
RESOLVED: That the action indicated in the Director of Planning and Transportation's report be taken in respect of the alleged unauthorised development.
AP2 05/100 05/00033/UNAWKS - Valrosa, London Road, Addington
RESOLVED: That the action indicated in the Director of Planning and Transportation's report be taken in respect of the alleged unauthorised development, subject to the following:
(1) The amendment of recommendation 6.1 to read 'in the event that no planning application has been submitted for the development of the site within two months of the landowner being advised of this resolution, an Enforcement Notice be served' (remainder of recommendation as main report); and
(2) The amendment of recommendation 6.4 under "Breach of Planning Control Alleged" to delete the words "the erection".
MATTERS SUBMITTED FOR INFORMATION
AP2 05/101 BEECHIN WOOD FARM PLATT - MR TERRY'S CROWN COURT APPEAL
The report of the Chief Solicitor updated Members on the outcome of this appeal.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 05/102 Exclusion of Press and Public
 
PART 2 - PRIVATE
MATTERS SUBMITTED FOR INFORMATION
AP2 05/103 INGLESIDE MAIDSTONE ROAD BOROUGH GREEN
(Reason: LGA 1972 - Sch 12A Paragraph 12 - Legal Advice)

  • (Attachment: 40)Report of Chief Solicitor
The Chief Solicitors report set out details of the legal implications of refusing the above named application (Minute AP2 05/085 refers).
The meeting ended at 2200 hours.

Attendance Details

Present:
Cllr D W P Evans (Chairman), Cllr H S Rogers (Vice-Chairman), Cllr Mrs J A Anderson, Cllr Mrs G S Bowden, Cllr R C Brown, Cllr M A Coffin, Cllr Mrs J M Harrison, Cllr Mrs E M Holland, Cllr Mrs S L Luck, Cllr B J Luker, Cllr Mrs S M Murray, Cllr T J Robins, Cllr Miss J L Sergison, Cllr M S Worrall.