| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP2 12/065 |
Declarations of interest. |
There were no declarations of interest made. |
| AP2 12/066 |
Minutes |
RESOLVED: That the Minutes of the meeting held on 8 August 2012 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 12/067 |
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. 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 12/068 |
(A) TM/12/01302/FL and (B) TM/12/01303/LB - 55 Swan Street, West Malling |
(A) Demolition of existing garage, erection of two storey side extension and single storey rear extension, lightwells to basement, formation of new vehicular access (including alterations to railings and demolition and rebuild of front wall), and erection of double garage (B) Listed Building Application: Demolition of existing garage, erection of two storey side extension and single storey rear extension, lightwells to basement, formation of new vehicular access (including alterations to railings and demolition and rebuild of front wall) at 55 Swan Street, West Malling. RESOLVED: That the applications be DEFERRED for a Members' Site Inspection [Speaker: Mr N Mullarkey, member of the public] |
| AP2 12/069 |
TM/12/02341/FL - Stoned Lodge, The Street, Ryarsh |
Ground floor extension to form enlarged dining and hall amendments to existing car parking and front boundary at Stoned Lodge, The Street, Ryarsh. RESOLVED: That the application be DEFERRED for a Members' Site Inspection [Speakers: Mrs P Coleman and Mr P Highsted, members of the public and Mr P Cheeseman, Applicant] |
| AP2 12/070 |
TM/12/02549/WAS - Blaise Farm Quarry, Kings Hill |
Temporary development of an Anaerobic Digestion Plant together with associated infrastructure, reconfiguration of the consented Advanced Thermal Conversion Plant, together with associated infrastructure, the realignment of part of the existing access road, the relocation of existing office and welfare accommodation and the relocation of the existing weighbridge at Blaise Farm Quarry, Kings Hill, West Malling. RESOLVED: That Kent County Council be advised that Tonbridge and Malling Borough Council raise objection to the proposal unless 1. The County Council is completely satisfied that the methods for the control of the operation of the site to be regulated by the Environmental Permit are sufficient to preclude harm to the residential amenity of properties in the wider locality, particularly in respect of malodour. 2. The County Council is completely satisfied that the proposal will not create conditions which are harmful to highway safety. 3. The County Council will attach conditions to any grant of planning permission in respect of the following, or the County Council is satisfied that the following will be controlled by the Environmental Permit: (a) the duration of the planning permission (i.e. to be temporary); (b) the use of noise mitigation measures as detailed as part of the application; (c) details regarding the prevention of pollution of surface and ground water (d) limits on the number of heavy goods vehicle movements 4. The County Council investigates the scope for securing all food waste deliveries to be in sealed vehicles to reduce the risks of malodour in the locality and, if this is found to be feasible, to make it a requirement of any planning permission that might be granted. |
| AP2 12/071 |
TM/12/01290/FL - The London Golf Club, South Ash Manor, South Ash Road, Ash |
Diverted access road to permitted hotel on land to the west of South Ash Road. The relocation of the existing driving range on land to the east of South Ash Road. A European Tour Performance Institute (ETPI) driving range building. A 9 hole golf course created utilising the cut from the hotel development. Chipping area and putting green. An underpass under South Ash Road. Areas of hard standing including car parking and access road. Diverted public rights of way. Associated reservoir and landscaping at The London Golf Club, South Ash Manor, South Ash Road, Ash, Sevenoaks. RESOLVED: That the application be DEFERRED for a Members' Site Inspection and for officers to • investigate means by which it may be possible to ensure that the engineering works do not give rise to a need to import material (the expectation being that all material to be used will originate from within the site as a whole); and • re-examine the landscaping schemes to assess the acceptability of any non-native species and the adequacy, in terms of screening, of the proposed boundary treatments. [Speakers: Mr G Goring, Stansted Parish Council; Mr J Scott, Mr W Peat, Mr P Sands and Mr M Ridley, members of the public; and Mr Gravestock on behalf of the Applicant] |
| AP2 12/072 |
TM/12/02594/FL - Marvillion Court, The Freehold, East Peckham |
Proposed redevelopment of existing sheltered housing site for 4 flats, 12 houses and associated works at Marvillion Court, The Freehold, East Peckham. RESOLVED: That the application be DEFERRED to allow • officers to continue negotiations on parking and road design/layout to achieve more curtilage parking and reduce the level of hardsurfacing overall (possibly to include a reduction in surface water run-off and/or inclusion of SUDs measures) • further information (evidence) relating to housing needs for older people, with emphasis on the specific local needs of East Peckham taking into account the anticipated growth in the proportion of over 55s. [Speakers: Mrs P Graham, East Peckham Parish Council] |
| AP2 12/073 |
(A) TM/12/00494/FL and (B) TM/12/00495/LB - The Former Leybourne Grange Hospital, Birling Road, Leybourne |
(A) Conversion and refurbishment of Leybourne Grange and stable block, plus construction of 6 no. dwellings to provide 29 dwellings, with associated parking spaces and landscape works (B) Listed Building Application: Conversion and refurbishment of Leybourne Grange and stable block, plus construction of 6 no. dwellings to provide 29 dwellings, with associated parking spaces and landscape works at The Former Leybourne Grange Hospital, Birling Road, Leybourne. RESOLVED: That Application (A) be APPROVED in accordance with the submitted details set out in paragraph 7.1 of the report of the Director of Planning, Transport and Leisure subject to:- (1) The conditions, reasons and informatives set out in the main report of the Director of Planning, Transport and Leisure; and (2) The amendment of conditions 12 and 14 to read:- 12. Prior to the commencement of development, a scheme shall be submitted to the Local Planning Authority for approval to demonstrate that the development of the new build units hereby approved will adopt and incorporate practicable sustainable construction standards and techniques. The scheme shall take account of the need to minimise: waste generation, water and energy consumption, and the depletion of non-renewable resources. The scheme shall also have regard to the target for at least 10% of the energy consumption requirements to be generated from decentralised and renewable/low carbon sources. The approved scheme shall be implemented prior to the first occupation of the buildings and retained thereafter. Reason: In the interests of sustainable development and in accordance with policies CP1 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007, policy CC1 of the Tonbridge and Malling Managing Development and the Environment Development Plan Document 2010 and the NPPF. 14. The works for the conversion of the listed buildings shall be undertaken in accordance with the Bat Survey Report dated 23.10.12 and in line with a Natural England European Protected Species Licence. Works shall cease if any new evidence of bats is identified during works within the listed buildings for which additional bat mitigation measures are required. Works shall not recommence until details of those additional measures have been submitted in writing to the Local Planning Authority. Reason: In the interests of protected species and biodiversity and in accordance with Policy NE3 of the Tonbridge and Malling Managing Development and the Environment Development Plan Document 2010 and paragraph 118 of the National Planning Policy Framework 2012. Application (B) be APPROVED subject to the conditions, reasons and informatives set out in the main report of the Director of Planning, Transport and Leisure. |
| AP2 12/074 |
TM/12/00933/FL - Land North East of Askew Bridge, Maidstone Road, Platt |
Use of site as Gypsy/Traveller site with two mobile homes, two touring caravans, one day room and one utility at Land North East of Askew Bridge, Maidstone Road, Platt. RESOLVED: That (1) The Planning Inspectorate be advised that, if the Council had determined the application, planning permission would have been refused for the reasons set out in paragraph 8.1 of the report of the Director of Planning, Transport and Leisure subject to the addition of reason 4:- 4. The noise levels at the site fall within Noise Exposure Category C as detailed in Policy Annex SQ6 of the Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document Plan Document. Policy SQ6 of the Managing Development and the Environment Development Plan Document states that planning permission will not normally be granted for residential development where noise levels fall within this category and requires that noise levels for noise sensitive development are appropriate for the use. The aural environment at the site is not considered to be acceptable or appropriate for the proposed use due to the noise levels of the parts of the site which would be utilised for amenity purposes associated with the residential use of the site, and it has not been demonstrated that reasonable and appropriate internal noise levels and ventilation can be achieved within the caravans and mobile homes at the site, which could potentially give rise to significant adverse impacts on health and quality of life. The proposal is contrary to Policy SQ6 of the Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document and paragraphs 17 and 123 of the National Planning Policy Framework. (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 settle 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 the use of the site as a residential caravan site. Reasons For Issuing The Notice It would appear to this Authority that the above breach of planning control has occurred within the last ten years. The site lies within the Metropolitan Green Belt where there is a strong presumption against permitting inappropriate development, as defined in paragraphs 89-91 of the National Planning Policy Framework 2012 and paragraph 14 of the Planning Policy for Traveller Sites 2012 and policies CP3 and CP20 of the Tonbridge and Malling Borough Core Strategy 2007. An inadequate case of very special circumstances has been submitted in justification of the harm caused by inappropriateness and the harm to the openness of the Green Belt. The development, by virtue of its nature and scale, detracts from the openness of the Green Belt and the character of the rural locality and is, therefore contrary to paragraphs 17 and 79 of the National Planning Policy Framework 2012, paragraph 23 of the Planning Policy for Traveller Sites 2012 and Policies CP14 and CP20 of the Tonbridge and Malling Borough Local Development Framework Core Strategy. The development is contrary to paragraph 22 of the Planning Policy for Traveller Sites 2012 and policy CP20 of the Tonbridge and Malling Borough Core Strategy 2007 for the reason that the likely need for additional gypsy pitches within the Borough will be met by the proposed expansion of an existing gypsy site in the Borough. The aural environment at the site is not considered to be acceptable or appropriate for the use due to the noise levels of the parts of the site which would be utilised for amenity purposes associated with residential use of the site and it is not considered that reasonable and appropriate internal noise levels and ventilation can be achieved within the caravans and mobile homes at the site, which could potentially give rise to significant adverse impacts on health and quality of life: this would be contrary to Policy SQ6 of the Tonbridge and Malling Borough Managing Development and the Environment Development Plan Document and paragraphs 17 and 123 of the National Planning Policy Framework. An application to retain the residential caravan site, associated structures, could not be supported in principle and the imposition of conditions could not overcome all the concerns with the unauthorised development. The enforcement notice is needed to overcome the harm to the site by inappropriateness and harm to the openness of the Green Belt and countryside and to ensure that there is not residential use of a site with an inappropriate and unacceptable aural environment. Requirement To cease the use of the site as a residential caravan site and to remove from the land all caravans and associated ancillary structures. Period For Compliance Four calendar months from the date the Notice becomes effective. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP2 12/075 |
Exclusion of Press and Public |
There were no items considered in private. |