Meeting documents

Area 3 Planning Committee
Thursday, 8th March, 2012 7.30 pm

ItemDescriptionResolution
PART 1 - PUBLIC
AP3 12/001 Declarations of interest.
Councillors Balcombe and Homewood declared personal and prejudicial interests in Application TM/11/01576/FL in that they were members of Aylesford Parish Council. They withdrew from the meeting during consideration of this item.
AP3 12/002 Minutes
  • Minutes
RESOLVED: That the Minutes of the Area 3 Planning Committee held on 15 December 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
AP3 12/003 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 12/004 TM/11/01576/FL - Land Adjacent to Allotments, Belgrave Street, Eccles
Change of use of allotments land to car park and change of use of strip of amenity land to enable widening of vehicle access at land adjacent to allotments, Belgrave Street, Eccles.

RESOLVED: That the application be

APPROVED, subject to

(1) the conditions, reasons and informatives (subject to amendments set out below) as set out in the report of the Director of Planning, Transport and Leisure; and

(2) the amendment of condition 2. to read:

2. No development shall be commenced until scaled drawings of the proposed soil bund and street lights have been submitted to and approved in writing by the local planning authority. Such details as are approved shall be carried out concurrently with the development. The details of the external lighting submitted shall include a layout plan with beam orientation and a schedule of equipment in the design (luminaire type, mounting height, aiming angles and luminaire profiles). The lighting shall be installed, maintained and operated in accordance with the approved details unless the Local Planning Authority gives its written consent to a variation and should be designed to ensure minimum light pollution outside the site.
Reason: In order to secure a satisfactory standard of development.

[Speaker: Mr R Naylor - member of the public]
AP3 12/005 TM/11/02145/FL - Invicta Works, Mill Street, East Malling
Demolition of existing industrial/storage buildings and construction of 9 no. dwellings (amended proposals for part of scheme approved under TM/06/02433/FL) at Invicta Works, Mill Street, East Malling.

RESOLVED: That the application be

APPROVED, subject to the conditions, reasons and informatives as set out in the report of the Director of Planning, Transport and Leisure.
AP3 12/006 TM/11/02713/FL - 3 Stickens Lane, East Malling
Roof alterations to existing outbuilding to include steeper pitched roof and introduction of Photovoltaic Panels at 3 Stickens Lane, East Malling.

APPLICATION WITHDRAWN FROM THE AGENDA
AP3 12/007 11/00155/UNAUTU - 73 Rochester Road, Aylesford
Alleged Unauthorised Development at 73 Rochester Road, Aylesford.

RESOLVED: That

In the event of the unauthorised use of the premises not ceasing by the 1 February 2012, 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 residential dwellinghouse and garden to a mixed use of residential dwellinghouse and garden and for the parking or storage of commercial vehicles in connection with a business use.

Reasons For Issuing The Notice

It appears to the Local Planning Authority that this breach of planning control has occurred within the last ten years. The site is within a predominantly residential area and, because of their number and commercial appearance, the parking of the vehicles has resulted in a distinct and noticeable intrusion which has impinged on the character and amenity of the neighbourhood. The activity is therefore contrary to Policy CP24 of the Tonbridge and Malling Borough Core Strategy which seeks to protect residential amenity and requires that all new development must through its scale, siting and character be designed to respect its site and surroundings. In these circumstances a planning application for a change of use to allow the parking of commercial vehicles within the curtilage of the dwellinghouse could not be supported and the imposition of planning conditions could not overcome the objections to the development. The Enforcement Notice is necessary to alleviate the nuisance and detriment to amenity resulting from the unauthorised development.

Requirement

Remove the commercial vehicles from the premises and permanently stop the use of the site for the parking or storage of commercial vehicles.

Period For Compliance

Three calendar months from the date that the Notice takes effect.
MATTERS FOR CONSIDERATION IN PRIVATE
AP3 12/008 Exclusion of Press and Public
There were no items considered in private.
The meeting ended at 1954 hours

Attendance Details

Present:
Cllr A K Sullivan (Chairman), Cllr Miss A Moloney (Vice-Chairman), Cllr J A L Balcombe (Second Vice-Chairman), Cllr J Atkins, Cllr Mrs J M Bellamy, Cllr T Bishop, Cllr Mrs B A Brown, Cllr R W Dalton, Cllr D A S Davis, Cllr Mrs C M Gale, Cllr P J Homewood, Cllr D Keeley, Cllr S M King, Cllr M Parry-Waller, Cllr D W Smith, Cllr R Taylor and Cllr Mrs C J Woodger.