| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 10/031 |
Declarations of interest. |
Councillor Coffin declared a personal and prejudicial interest in application TM/09/02682/FL on the grounds of being a close friend of the applicant. He withdrew from the meeting during discussion of this item. Councillor Chartres declared a personal and prejudicial interest in application TM/09/00136/FL on the grounds of his personal relationship with the applicant. He withdrew from the meeting during consideration of this item. Councillor Sayer declared a personal and prejudicial interest in application TM/09/00136/FL on the grounds of his close association with the applicant. He withdrew from the meeting during consideration of this item. |
| AP2 10/032 |
Minutes |
RESOLVED: That the Minutes of the meeting of the Area 2 Planning Committee held on 24 February 2010 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 10/033 |
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 10/034 |
TM/09/00978/FL - Marchurst Barn, Hildenborough Road, Shipbourne |
Retrospective application for installation of three closed circuit television cameras and apparatus at Marchurst Barn (a private domestic dwellinghouse)Hildenborough Road, Shipbourne. RESOLVED: That the application be APPROVED, subject to: (1) Amended recommendation to read: Grant planning permission in accordance with the following details: Site Plan dated 27.04.2009, Block Plan dated 27.04.2009, Letter dated 27.04.2009, Schedule ADT SPECIFICATION dated 27.04.2009, Photographs dated 27.04.2009, Letter dated 13.01.2010, Plan dated 13.01.2010, Letter dated 14.12.2010, Email dated 17.03.2010, Photograph dated 17.03.2010, Letter dated 15.05.2009, Schedule ADT SPECIFICATION dated 15.05.2009, Schedule ADT SPECIFICATION dated 14.12.2009 : (2) Amended Condition: 1. No alterations to the approved cameras' operating specification(s), positions, field of vision nor to the height(s) of any of the cameras, sensors or illuminators hereby approved shall be undertaken without the prior written agreement of the Local Planning Authority. Reason: In the interests of amenity. (3) Addition of Conditions: 2. The cameras shall be removed as soon as reasonably practicable after they are no longer required for security purposes. Reason: In the interests of amenity. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking and re-enacting that Order) no CCTV cameras, sensors or illuminators shall be installed with Part 33 of Schedule 2 of that Order unless planning permission has been granted on an application relating thereto. Reason: In the interests of amenity. (4) Addition of Informative: 1. The applicant is advised that the application is hereby approved on the basis that the cameras should be used solely for security purposes. |
| AP2 10/035 |
TM/09/02682/FL - Land adjacent Stansted Lodge, Tumblefield Road, Stansted |
Change of use of land to the keeping of horses and conversion of existing agricultural buildings to stable at land adjacent Stansted Lodge, Tumblefield Road, Stansted. RESOLVED: That the application be APPROVED, subject to: (1) Addition of Condition: 8. The number of horses accommodated on the site shall not exceed 3. Reason: A more intensive use of the site could harm rural amenities by degrading the quality of the grazing land. (2) Addition of Informative: 1. The applicant is advised that a gate set back of 6m would allow vehicles accessing the stable yard to be parked off highway whilst the gates are being operated, in the interests of highway safety. [Speaker: Mr M Rimell, applicant] |
| AP2 10/036 |
TM/09/01765/FL - Hornet Business Estate, Quarry Hill Road, Borough Green |
Removal of conditions, being condition 10 of TM/83/166, condition 9 of TM/87/1591 and condition 7 of TM/00/00461 to allow goods vehicles to be in operation on an unrestricted basis at Hornet Business Estate, Quarry Hill Road, Borough Green. RESOLVED: That the application be APPROVED, subject to (1) Amendment of the wording in the legal agreement as follows: 'To require all goods and commercial vehicles accessing and leaving the site to do so only via the haul road. No deliveries or despatch of goods vehicles shall take place via Quarry Hill Road, Rock Road or Thong Lane, and' (2) the S106 Planning Obligation also restricting commercial vehicles directly related to businesses on site and these terms to be clearly defined in the S106. [Speaker: Mr C Atkinson,agent and Mr R Dunn, applicant] |
| AP2 10/037 |
TM/09/01898/FL - Hornet Business Estate, Quarry Hill Road, Borough Green |
Change of use of land for industrial/warehouse use and the erection of terrace of four industrial warehouse units for use for purposes falling within use classes B1, B2 or B8, with associated access and parking provision at Hornet Business Estate, Quarry Hill Road, Borough Green. RESOLVED: That the application be APPROVED, subject to (1) Amendment of the wording in the legal agreement as follows: 'To require all goods and commercial vehicles accessing and leaving the site to do so only via the haul road. No deliveries or despatch of goods vehicles shall take place via Quarry Hill Road, Rock Road or Thong Lane, and' (2) the S106 Planning Obligation also restricting commercial vehicles directly related to businesses on the site and these terms to be clearly defined in the S106. (3) Addition of Condition: 12. The noise from the operation of reverse warning alarms shall be inaudible at the boundary of any dwelling. Reason: In the interests of residential amenity. [Speaker: Mr C Atkinson, agent and Mr R Dunn, applicant] |
| AP2 10/038 |
TM/09/02894/FL - 64 Phoenix Drive, Wateringbury |
New garage and conversion of existing garage (Resubmission of TM/09/02055/FL) at 64 Phoenix Drive, Wateringbury. RESOLVED: That the application be APPROVED [Speakers: Miss J Monkman, member of the public and Mr C Maloney, applicant] |
| AP2 10/039 |
TM/09/03189/FL - Otford Tool and Gauge Co, Maidstone Road, Platt |
Erection of single storey machine shop as an extension to the existing "mill", a two storey building with car parking and archive storage above and a terrace of 4 no. 2 1/2 storey 3 bedroom houses following demolition of existing workshop and outbuildings, including parking as amendment to permission TM/08/02501/FL at Otford Tool And Gauge Co, Maidstone Road, Platt. RESOLVED: That the application be APPROVED |
| AP2 10/040 |
TM/09/01623/FL - Little Nepicar Cottage, London Road, Wrotham |
Application WITHDRAWN FROM THIS AGENDA |
| AP2 10/041 |
TM/09/00136/FL - Napps Farm, Long Mill Lane, Platt |
Retrospective application under Section 73A of the Town and Country Planning Act 1990 for the erection of an outbuilding for the private ancillary use by the occupiers of the single dwelling within the site at Napps Farm, Long Mill Lane, Platt. RESOLVED: That (1) the application be REFUSED for the following reason: 1. The outbuilding is inappropriate development in the Green Belt and is harmful by reason of its inappropriateness and because of its detrimental impact upon the openness and visual amenities of the rural locality by reason of its height and bulk and because of its domination over the host dwelling. The building is also materially larger, in terms of footprint and volume, than the building that it replaced on this site. It is therefore contrary to PPG2 (Green Belts) and Policies CP1, CP3, CP14 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and policy DC1 of the emerging Managing Development and the Environment DPD. The Local Planning Authority is of the view that there are no adequate ‘very special circumstances' to justify this inappropriate development. (2) It was considered appropriate to TAKE ENFORCEMENT ACTION against the unauthorised development and Officers were instructed to prepare a report to the Area 2 Planning Committee on how this might be achieved. [Speaker: Mrs D Whitecross, member of the public] |
| AP2 10/042 |
TM/09/02988/FL - St Mary The Virgin Church, Tumblefield Road, Stansted |
The construction of an extension to the south of the existing church building to provide accessible toilet facilities, meeting room, kitchenette and storage. Formation of a new access to the extension through the base of the church tower at St Mary The Virgin Church, Tumblefield Road, Stansted, RESOLVED: That the application be APPROVED, subject to: (1) Amended Recommendation to read: Grant planning permission as detailed by Letter dated 25.11.2009, Letter dated 13.11.2009, Previous Correspondence dated 13.11.2009, Letter Diocese Rochester dated 13.11.2009, Statement of Significance dated 13.11.2009, Statement of Need dated 13.11.2009, Design and Access Statement dated 13.11.2009, Planning Statement dated 13.11.2009, Existing Plans and Elevations 01 dated 13.11.2009, Proposed Plans and Elevations 02 dated 13.11.2009, Roof Plan 03 proposed dated 13.11.2009, Site Plan 04 proposed dated 13.11.2009, Letter dated 08.02.2010, Site Plan 04 Rev B (drainage shown) dated 08.02.2010, Letter dated 05.01.2010 Conditions remain unchanged [Speaker: Reverend C Nobel, applicant] |
| AP2 10/043 |
TM/09/01487/FL - Land East of Teston Road, West Malling |
Change of use of land for stationing of one twin unit mobile home and two touring caravans for residential occupation by single gypsy family; associated utility shed, storage shed, septic tank, hard standing and pathways and recessed gateway to site (part retrospective) at Land East Of Teston Road Teston Road West Malling Kent for Mr E Barton RESOLVED: That the application be APPROVED, subject to (1) Amendment to Condition 1: 1. The occupation of the site hereby permitted shall be carried on only by Mr Edward Barton and Ms Angela Botton who are gypsies as defined by paragraph 15 of ODPM Circular 01/2006 and by their resident dependants and shall be for a limited period being the period of 2 years from the date of this decision. Reason: The site is located in an area where this development would not normally be allowed and it is the particular circumstances of this case that justify granting a temporary and personal planning permission. (2) Amendment to Conditions: 3. The residential use hereby permitted shall be restricted to one household and there shall be no more than one mobile home and two touring caravans stationed on the site. Reason: In the interest of amenity. 4. Within 1 month of the date of this decision a scheme for the disposal of foul and surface water shall be submitted to the Local Planning Authority for approval. The approved scheme shall be implemented within 2 months of the date of the approval. Reason: In order to prevent pollution of controlled waters. |
| AP2 10/044 |
TM/09/00269/FL - The Horseshoes, Sandy Lane, West Malling |
Change of use of land for stationing of one static caravan and two touring caravans for residential occupation by single gypsy family; associated utility shed, storage shed, septic tank, hard standing and pathways and recessed gateway to site at land east of Teston Road, Teston Road, West Malling. RESOLVED: That the application be APPROVED, subject to (1) Amendment to Conditions: 3. The residential use hereby permitted shall be restricted to one household and there shall be no m ore than one mobile home and one touring caravan stationed on the site. Reason: In the interest of amenity. 4. Within 1 month of this decision, levels alarms shall be fitted to the cesspit and retained thereafter to ensure that the facility is emptied in time to avoid overflowing. Reason: In order to prevent pollution of controlled waters. |
| AP2 10/045 |
TM/07/04156/FL - Land North East of Askew Bridge, Maidstone Road, Platt |
Change of use to residential for one extended gypsy family, stationing of one mobile home and one touring caravan, and erection of one utility room and one store room at land north east of Askew Bridge, Maidstone Road, Platt. RESOLVED: That the application be APPROVED, subject to (1) Amendments to Conditions 1 - 4 to read: 1. The occupation of the site hereby permitted shall be carried on only by Mr Thomas Doran and Mrs Margaret Doran who are gypsies as defined by paragraph 15 of ODPM Circular 01/2006 and by their resident dependants and shall be for a limited period being the period of 2 years from the date of this decision. Reason: The site is located in an area where this development would not normally be allowed and it is the particular circumstances of this case that justify granting a temporary and personal planning permission. 2. When the site ceases to be occupied by those named in Condition 1 or at the end of 2 years from the date of this decision, whichever shall first occur, the use hereby permitted shall cease. Within 3 months of that date the land shall be restored to its condition before the use commenced and all caravans, structures, buildings, materials and equipment brought on to the land in connection with the use shall be removed. Reason: In the interests of amenity. 3. The residential use hereby permitted shall be restricted to one household and there shall be no more than one mobile home and one touring caravan stationed on the site. Apart from these approved caravans and the two associated outbuildings explicitly authorised by this permission, all other caravans/outbuildings including those on site at the date of this permission shall be permanently removed from the site within three months of the date of this decision. Reason: In the interest of amenity. 4. Within one month of the date of this decision, a scheme for the disposal of foul and surface water shall be submitted to the Local Planning Authority for approval. The approved scheme shall be implemented within 2 months of the date of the approval. Reason: In order to prevent pollution of controlled waters. (2) Amendment to Condition: 6. Within 1 month of this decision or prior to any replacement caravan being brought on site, details of the external colour finish to the mobile home shall be submitted for the approval of the Local Planning Authority, and the approved details shall be complied with thereafter. Reason: In the interests of visual amenity of the locality. (3) Addition of Conditions: 8. The existing screen hedging to the northern boundary shall be retained at a minimum height of 3m. Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect the appearance and character of the site and locality. 9. Within 1 month of this decision, any generators on the site shall be insulated to secure noise levels within rooms of residential premises in the locality no greater than the 'good' standard for the relevant room use set out in BS8233:1999 Sound insulation and noise reduction for buildings - Code of practice. Compliance to be tested by an appropriate combination of (distance) measurement and calculation, using noise readings taken on the northern boundary of the application site. Reason: In the interests of residential amenity. 10. Within 3 months of either the site ceasing to be used by those named in Condition 1 above, or at the end of two years from the date of this decision, all fences, walls, gates, piers and any external lighting installations hereby approved, or subsequently approved, brought on to the land in connection with the use shall be removed. Reason: In the interests of amenity. 11. If not demolished previously, the 2 existing timber clad sheds shall be demolished within one month of the first use of the utility room or store hereby permitted, and all arisings therefrom shall be removed from the site. Reason: To control the erection of outbuildings in an area where it would not normally be permitted. 12. The 2 existing timber clad sheds (if retained) or the utility room and store hereby permitted shall all be removed from the site and the land restored to its former condition within 3 months of the cessation of the occupation of the site by those named in condition 1 or at the end of 2 years from the date of this decision, whichever is the earlier. Reason: In the interest of amenity. (4) Addition of Informative: In relation to condition 9, please contact TMBC Environmental Health Officer Crispin Kennard for advice on 01732 876180. [Speakers: Mr M Jerrom Mrs C Hendry, members of the public and Mr B Wood, agent] |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 10/046 |
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 10/047 |
Planning Appeal Decisions |
The Chief Solicitor submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| AP2 10/048 |
Forthcoming Planning Inquiries and Hearings |
The report of the Chief Solicitor advising of forthcoming planning inquiries and hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 10/049 |
Exclusion of Press and Public |
The Chairman moved, it was seconded and RESOLVED: That as public discussion would disclose exempt information the following matters be considered in private. |
| PART 2 - PRIVATE | ||
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP2 10/050 |
TM/09/01765/FL - Hornet Business Estate, Quarry Hill Road, Borough Green (Reason: LGA 1972 Sch 12A Paragraph 5 - Legal advice) |
The report of the Legal Services Partnership Manager set out details of the legal implications of refusing the above application. ((Minute AP2 10/036 and AP2 10/037 refers) |