| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 11/077 |
Declarations of interest. |
Councillor Chartres declared a personal and prejudicial interest in the alleged unauthorised development 10/00111/UNAWKS at Napps Farm, Long Mill, Platt on the grounds of his personal relationship with the landowner. He withdrew from the meeting during the discussion of this item. Councillor Sayer declared a personal and prejudicial interest in the same item on the grounds of being a friend of the landowner. After making a brief statement he withdrew from the meeting during the discussion of this item. |
| AP2 11/078 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 3 August 2011 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 11/079 |
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. |
| AP2 11/080 |
TM/10/02910/FL - Land Opposite 170 Offham Road, West Malling |
Erect 5 stables, hayroom and tack room and provision of 12 metre x 12 metre area of hardstanding at land opposite 170 Offham Road, West Malling. RESOLVED: That the application be APPROVED as per the conditions set out in the report of the Director of Planning, Transport and Leisure, subject to: (1) Amended condition: 7. Prior to the first use of the site, the area of hardstanding hereby approved shall be surfaced and drained. The area of hardstanding shall be used only for the parking, turning, loading and off-loading of vehicles associated with the stables hereby approved. No vehicles, horse boxes, caravans, motor homes or chattels shall be sited on the hardstanding or any other part of the application site overnight. No parking or loading/unloading of vehicles shall take place at any other point at the site except at the area of hardstanding. Reason: In the interests of visual amenity. (2) Members requested that further consideration be given to what legal measures were available to prevent the formation of an access track between the hardstanding and stables. If use of a condition was not legally possible an informative to be attached advising the applicants that permission had not been granted and was unlikely to be granted for such a track way. |
| AP2 11/081 |
TM/11/01420/FL - Stoned Lodge, The Street, Ryarsh |
Two storey front extension at Stoned Lodge, The Street, Ryarsh. RESOLVED: That the application be REFUSED for the following reasons: (1)The proposed extension results in a detrimental impact on residential amenities due to loss of outlook and restriction of natural daylight to the adjoining residential property contrary to Policies CP1 and CP24 of the Tonbridge and Malling Core Strategy 2007 and Saved Policy P4/12 and the associated Annex of the Tonbridge and Malling Borough Local Plan. (2) The proposed development, by reason of its specific design, bulk and prominent siting, would result in an obtrusive feature that had a detrimental impact on the street scene and give the visual impression of overdevelopment of the site. For these reasons it would also have a harmful effect upon the Conservation Area and would fair to preserve or enhance the character and appearance of the Conservation Area. The development is therefore contrary to Saved Policy P4/12 of the Tonbridge and Malling Borough Local Plan, Policies CP1 and CP24 of the Tonbridge and Malling Core Strategy 2007, Policy SQ1 of the Tonbridge and Malling Managing Development and the Environment Development Plan Document 2010 and the principles set out PPG5: Planning and the Historic Environment. [Speakers: Mrs M McKinlay, Ryarsh Parish Council; Mr R Coleman, member of the public and Mr P Cheeseman, applicant] |
| AP2 11/082 |
TM/11/01602/FL - Planet Plants, Back Lane, Ightham |
Revised application for the erection of a detached dwelling house for occupation by the Horticultural Manager of the nursery at Planet Plants, Back Lane, Ightham. RESOLVED: That the application be DEFERRED for a Members' Site Inspection. |
| AP2 11/083 |
TM/08/01852/LDE - Land Rear of 19-29 Station Road, Borough Green |
Revocation of Certificate of Lawful Development (Existing): Use as car parking area at land rear of 19 - 29 Station Road, Borough Green. RESOLVED: That the Certificate of Lawful Development TM/08/01852/LDE be REVOKED, subject to: (1) The Borough Council first complying with the requirements of Part 6, paragraph 35 of the Development Management Procedure Order 2010. |
| AP2 11/084 |
Alleged Unauthorised Development 10/00111/UNAWKS - Napps Farm, Long Mill Lane, Platt |
Alleged unauthorised development at Napps Farm, Long Mill Lane, Platt. RESOLVED: That the enforcement notice,having been substantially complied with, be WITHDRAWN |
| AP2 11/085 |
Alleged Unauthorised Development 11/00198/UNAUTU - Land Rear of Houses on London Road, Ryarsh |
Alleged unauthorised development at land read of houses on London Road, Ryarsh. RESOLVED: That 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: Without planning permission, a material change of use from agricultural land to land for use as private residential gardens having a domestic character, the erection of fences to facilitate the change of use and the installation of a child's climbing frame and slide directly associated with the unauthorised domestic use of the land. - Reasons For Issuing The Notice: It appears to the council that this breach of planning control has occurred within the last ten years. The site lies in the Metropolitan Green Belt where there is strong presumption against permitting inappropriate development, as defined in Planning Policy Guidance Note 2: Green Belts. The unauthorised change of use of the land from agriculture to land used for private gardens together with the erection of fences to facilitate this unauthorised use and the installation of a child's climbing frame and slide directly associated with this unauthorised domestic use of the land, comprises inappropriate development which is harmful to the openness and amenities of the Metropolitan Green Belt and is therefore contrary to Tonbridge and Malling Borough Core Strategy Policy CP3 and the national guidance provided in Planning Policy Guidance Note 2. The unauthorised change of use together with the fences, climbing frame and slide associated with the unauthorised change of use are visually intrusive which is detrimental to the local distinctiveness of the rural character of the area and visual amenity of the Metropolitan Green Belt, especially as may be experienced by users of the Public Right of Way adjacent to the southern boundary of the land. The unauthorised change of use and associated operations are contrary to Tonbridge and Malling Borough Core Strategy Policies CP1, CP3 and CP24, Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document Policy SQ1 and the guidance provided in PPG2: Green Belts. Retrospective planning application TM/11/01873/FL for the change of use of the land from agriculture to private garden through incorporation into six domestic curtilages was refused planning permission because the unauthorised use is contrary to adopted Development Plan policy and national planning guidance and because the imposition of planning conditions could not overcome these objections. The Enforcement Notice is necessary to alleviate the nuisance and detriment to amenity resulting from the unauthorised development. - Requirement: 1. Permanently stop using the land as domestic garden. 2. Remove all fences within the original boundaries of the land as shown edged black and hatched black on the plan attached to the Enforcement Notice. 3. Permanently remove the child's climbing frame and slide from the land. 4. Reinstate the land to a condition fit for the purposes of an agricultural use. - Period For Compliance: Three calendar months from the date when the Notice takes effect. In addition, Members asked that residents were given advice on how to use the land appropriately. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 11/086 |
List D |
The Director of Planning, Transport and Leisure submitted a list of applications determined since the date of the last meeting. RESOLVED: That the report be received and noted. |
| AP2 11/087 |
Planning Appeal Decisions |
The report of the Chief Solicitor advised of planning appeal decisions since the meeting held on 3 August 2011. RESOLVED: That the report be received and noted. |
| AP2 11/088 |
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 11/089 |
Exclusion of Press and Public |
There were no items considered in private. |