Meeting documents

Area 2 Planning Committee
Wednesday, 12th September, 2007 7.30 pm

ItemDescriptionResolution
PART 1 - PUBLIC
AP2 07/075 Declarations of interest.
There were no declarations of interest made.
AP2 07/076 Minutes
  • Minutes
RESOLVED: That the Minutes of the meeting of Area 2 Planning Committee held on 13 June 2007 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 07/077 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 07/078 TM/07/01125/FL - 18 Staleys Road, Borough Green
Two storey and single storey side extensions and replacement conservatory at 18 Staleys Road, Borough Green.

RESOLVED: That the application be

APPROVED, subject to: -

(1) the addition of condition:
4. The garage(s) shown on the submitted plan shall be kept available at all times for the parking of private motor vehicles.
Reason: Development without the provision of adequate vehicle parking space is likely to lead to hazardous on-street parking.
AP2 07/079 TM/07/02163/FL - Land Adjacent To Tudor Barn, Long Mill Lane, Platt
Detached barn style house and ancillary garage at land adjacent to Tudor Barn, Long Mill Lane, Platt.

RESOLVED: That the application be

APPROVED, subject to :-

(1) Amendment to condition:
14. The new house shall be constructed with a slab level no higher than 101.75 m AODN and a ridge level no higher than 108.75m AODN.
Reason: In the interests of visual amenity.
AP2 07/080 TM/07/02123/FL - Stonehouse Field, Long Mill Lane, Platt
Rebuilding of Scout HQ (revision to previous approval TM/06/02631/FL) at Stonehouse Field, Long Mill Lane, Platt.

RESOLVED: That the application be

APPROVED, subject to:

(1) Amendment to condition
4. The scout hut here approved shall not be used in the evening by organisations other than the scouts or guides after 2130 hours.
Reason: To avoid unreasonable disturbance to nearby residential properties.

(2) Addition of condition:
5. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping to screen the relocated gas storage container. All planting comprised in the approved scheme of landscaping shall be implemented during the first planting season following occupation of the buildings or the completion of the development, whichever is the earlier. Any shrubs removed, dying, being seriously damaged or diseased within 10 years of planting shall be replaced in the next planting season with shrubs of similar size and species, unless the Authority gives written consent to any variation.
Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality.
AP2 07/081 TM/06/03861/FL - Tinley Lodge, Hildenborough Road, Shipbourne
Change of use and conversion of redundant agricultural buildings to holiday let use and car port at Tinley Lodge, Hildenborough Road, Shipbourne.

RESOLVED: That the application be

DEFERRED to enable a Members' site inspection and further information regarding the structural integrity of the building to be provided by the applicant.

[Speakers: Mr S Davis, Shipbourne Parish Council; Mr C Galbraith, member of the public and Ms C Lander, agent]
AP2 07/082 TM/06/03768/FL - 1 Bow Road, Wateringbury
Change of use and layout of ground floor from general store with accommodation to coffee shop, beauty salon and flat at 1 Bow Road, Wateringbury.

RESOLVED: That the application be

DEFERRED to enable:-

(1) Reconsideration of car parking and signage provision and submission of a revised car parking layout by the applicant;

(2) Establishment by officers of suitable conditions to set robust parameters for proposed use;

(3) Research by officers to secure adequate drainage information about the car park; and

(4) Research by officers to establish conditions for refuse storage facilities for proposed uses.
AP2 07/083 TM/07/00816/FL - Camelot, Teston Road, Offham
Demolition of existing police house and erection of 2 no. detached dwellings, a shared car port and external car parking spaces at Camelot, Teston Road, Offham.

RESOLVED: That the application be

REFUSED for the following reason: -

The Local Planning Authority considers that the proposals would be detrimental to the character, appearance and integrity of the locality, which is a designated Conservation Area, by virtue of the detailed design and form of the built development proposed not adequately respecting the local vernacular and character of historic properties found within the village. Accordingly, the proposals are considered to be contrary to the provisions of Policies P4/4 and P4/11 of the Tonbridge and Malling Borough Local, and policies QL1, QL6 of the Kent & Medway Structure Plan.

[Speakers: Ms C Innes, Offham Parish Council; Mr G Seeley and Mr M Rowe, members of the public and Ms C Lander, agent]
AP2 07/084 TM/07/00973/FL - Oaktree Farm, Hatham Green Lane, Stansted
Stationing of twin unit mobile home to support the existing horse livery business including installation of cesspool (retrospective) at Oaktree Farm, Hatham Green Lane, Stansted.

RESOLVED: That the application be

APPROVED
AP2 07/085 TM/07/01704/FL - The Coach House, Long Mill Lane, Crouch
New dwelling (resubmission of planning application TM/06/03541/OA: New dwelling and new access) at The Coach House, Long Mill Lane, Crouch, Borough Green.

RESOLVED: That the application be

APPROVED
AP2 07/086 TM/06/04033/FL - West Malling Magistrates Court, Police Station Road, West Malling
Demolition of existing Magistrates Court and erection of residential retirement development of 12 no. flats with associated parking and vehicular access (for occupation by individuals of 55 years of age and above) at West Malling Magistrates Court, Police Station Road, West Malling.

RESOLVED: That the application be

DEFERRED for the Director of Planning, Transport and Leisure to review the evidence to adduce whether the areas identified by Members as potential grounds for refusal could be supported and to ascertain whether the contribution towards library facilities could be better used to improve the street lighting in Police Station Road, the report back to Members to be accompanied by a report by the Chief Solicitor if necessary.
AP2 07/087 TM/06/01826/FL & TM/06/01829/LB - Control Tower, Alexander Grove, Kings Hill
(A) Change of use and extension to form delicatessen and bistro on ground floor, and single residential unit at first and roof top level at Control Tower, Alexander Grove, Kings Hill.

(B) Listed Building Application: Change of use and extension to form delicatessen and bistro on ground floor, and single residential unit at first and roof top level at Control Tower, Alexander Grove, Kings Hill.

RESOLVED: That application

(A) be DEFERRED for a Members' site inspection.

(B) be DEFERRED for a Members' site inspection.
AP2 07/088 TM/07/00874/TPOC - 52 Police Station Road, West Malling
Retention of 8 Lawson Cypress in north-west corner, removal of remaining line of Conifers and replanting with more suitable hedging (Eleagnus) at 52 Police Station Road, West Malling.


RESOLVED: That the application be

APPROVED, subject to:-

(1) The amendment of condition:
1. The replacement specimens of Eleagnus proposed shall be planted during the first planting season following removal of the trees hereby permitted, as shown on the submitted plan number 335/2.
Reason: To reinstate the character and appearance of the site and locality.

[Speaker: Mr C Lowe, member of the public]
AP2 07/089 06/00399/UNAWKS - The Poplars, London Road, Wrotham
Alleged unauthorised development at The Poplars, London Road, Wrotham.

RESOLVED: That: -

(1) the recommendations in the report of the Director of Planning, Transport and Leisure be NOTED; and

(2) 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.
• The scalpings not being removed in the meantime.
• 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, the creation or provision of a hard surface constructed by the laying down of road scalpings.

Reasons for Issuing the Notice

It appears to the Council that the above breach of planning control has occurred within the last four years. The laying down of the hard surface was completed less than four years ago. Whilst part of the site is allocated under the Major Developed Sites (MDS) Policy P6/18 of the Tonbridge and Malling Borough Local Plan 1998 for environmentally beneficial redevelopment, the majority of the site including this area of extended hard surfacing is outside of this Policy area and within the Area of Outstanding Natural Beauty and the Metropolitan Green Belt. The retention of the hard surfaced area and its use for the parking of vehicles will result in a significant detrimental impact on the visual amenity and landscape character of the Area of Outstanding Natural Beauty and effect the openness and amenities of the Metropolitan Green Belt. Whilst planning permission has been granted for the redevelopment of the site, including the area of extended hard surface, to provide an integrated highway depot composing offices, garaging, salt barn and storage areas with associated car parking and landscaping (planning permission TM/06/02342/CR3), this permission has not yet been implemented. The retention of the hard surfaced area outside the context of the highway depot would not have the very special circumstances demonstrated to justify the grant of planning permission TM/06/02342/CR3, to justify the retention of the development in the Metropolitan Green Belt. A retrospective planning application to retain the development is not appropriate in this case because the imposition of conditions could not overcome the policy objections to the development. The service of the Enforcement Notice is required to ensure the proper planning of the area and to remedy a serious injury to the amenity of the Area of Outstanding Natural Beauty and the encroachment into the Metropolitan Green Belt.

Requirement

Excavate and remove all the road scalpings and other material used to create the hard surface from the area defined on the plan attached to the Notice, level the land to a level commensurate with the surrounding ground levels, cultivate the site and sow with grass seed.

Period for Compliance

Six calendar months from the date that the Notice takes effect.

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 07/090 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 07/091 Planning Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
AP2 07/092 Forthcoming Inquiries and Hearings
The Chief Solicitor presented details of the arrangements made for forthcoming Public Inquiries and Hearings.

RESOLVED: That the report be received and noted.

MATTERS FOR CONSIDERATION IN PRIVATE
AP2 07/093 Exclusion of Press and Public
No matters were considered in private.
The meeting ended at 2235 hours.

Attendance Details

Present:
Cllr H S Rogers (Chairman), Cllr T J Robins (Vice-Chairman), Cllr M A C Balfour, Cllr C Brown, Cllr F R D Chartres, Cllr M A Coffin, Cllr Mrs F A English, Cllr Mrs E M Holland, Cllr Mrs S L Luck, Cllr B J Luker, Cllr Mrs S M Murray, Cllr A G Sayer, Cllr Miss J L Sergison and Cllr M S Worrall.