Meeting documents

Area 3 Planning Committee
Thursday, 15th December, 2011 7.30 pm

ItemDescriptionResolution
PART 1 - PUBLIC
AP3 11/041 Chairmans Announcement
At the request of the Chairman the Committee observed a one minute silence in memory of former Borough Councillor David Laverty who had recently passed away.
AP3 11/042 Declarations of interest.
Councillor Homewood declared a personal interest in item TM/11/02635/WAS in that he was a member of the Kent County Council Planning Committee which was the determining authority for this application. He remained in the meeting during the discussion to hear the views of Borough Councillors but did not take part in the debate.
AP3 11/043 Minutes
  • Minutes
RESOLVED: That the Minutes of the Area 3 Planning Committee held on 18 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
AP3 11/044 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 11/045 TM/11/01953/FL - Paris Farm, The Rocks Road, East Malling
Replacement agricultural storage building (original destroyed by fire) at
Paris Farm, The Rocks Road, East Malling.

RESOLVED: That the application be

APPROVED, subject to:

(1) the conditions, reasons and informatives set out in the report of the Director of Planning, Transport and Leisure; and

(2) the addition of an informative:

1. The applicant should endeavour to keep the Public Right of Way (PROW) through the site clear of all mud at all times.
AP3 11/046 TM/11/01319/FL - Paris Farm, The Rocks Road, East Malling
Change of use of part of the ground floor B1 packing area to chiropractic clinic (D1) including the erection of external staircase (mixed B1/D1 use) at Paris Farm, The Rocks Road, East Malling.

RESOLVED: That the application be

APPROVED subject to the following conditions, reasons and informatives set out in the supplementary report tabled at the meeting:

(1) Within one month of the date of permission a landscaping and boundary treatment scheme shall be submitted to and approved by the Local Planning Authority. All planting, seeding and turfing 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 trees or shrubs removed, dying, being seriously damaged or diseased within 10 years of planting shall be replaced in the next planting season with trees or shrubs of similar size and species, unless the Authority gives written consent to any variation. Any boundary fences or walls or similar structures as may be approved shall be erected before first occupation of the building to which they relate.

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.

(2) The existing vehicle parking space as shown on the submitted drawing referenced JB/11/3 received 17.08.11 shall be kept available for such use and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, revoking or re-enacting that Order) shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Reason: Development without provision of adequate accommodation for the parking of vehicles is likely to lead to hazardous on-street parking.

(3) No materials, plant or other equipment of any description shall be kept or stored in the open other than in areas and to such heights as may be approved in writing beforehand by the Local Planning Authority.

Reason: To avoid obstruction of vehicle parking/manoeuvring areas and to ensure the character and appearance of the development and the locality is not significantly harmed.

(4) Vehicular access to and from the site shall be via the access track to the west onto The Rocks Road as shown on the site plan received 17.08.2011. Vehicle access must not take place from the north.

Reason: In the interests of highway and pedestrian safety.
AP3 11/047 TM/11/02508/FL - 213 Robin Hood Lane, Blue Bell Hill
Ground floor side extension, with pitched roof and Velux windows at 213 Robin Hood Lane, Blue Bell Hill.

RESOLVED: That the application be

DEFERRED for a Members' Site Inspection

[Speaker: Ms G Flack]
AP3 11/048 TM/11/02635/WAS - New Hythe Lane, Larkfield
Development of a metals recycling facility (KCC Ref: KCC/TM/0403/2011)at
New Hythe Lane, Larkfield.

RESOLVED: That the Borough Council OBJECTS to the proposal unless the following issues are satisfactorily addressed:

(1) It is recommended that the Woodchip Processing Facility should be fitted with a roller shutter door and this should be required to be closed before any machinery therein is operated. All vehicles operating at the site should be fitted with broadband reversing alarms to minimise the disturbance to Noise Sensitive Receptors.

(2) The hours of operation should be revised to 0800-1800 Monday to Friday, 0800-1300 Saturdays with no working on Sundays or Public and Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

(3) The County Council should be fully satisfied that there has been adequate testing to ensure that there are no viable alternative means of transport by rail or river, so as to reduce the vehicular traffic on the local road network.

(4) Access to the site should be made via the A228, Leybourne Way and New Hythe Lane north of the junction of Leybourne Way only and use of local residential roads should be actively discouraged.

(5) Any new use on the site should not cause further deterioration to the existing air quality in the vicinity which is perceived to be poor.

(6) Lighting on the site should be appropriate for the use so as to ensure that local light impacts are not increased and should as far as practical be reduced.

(7) Appropriate measures should be imposed to ensure that there is no environmental impact or pollution from oil and other liquids liberated by the uses of the site.

(8) Appropriate measures should be imposed to ensure that there is no environmental impact from the noise from metal recycling and/or car breaking on the site. These measures should include management of noise from emptying and loading skips and other vehicles on site.

(9) The formation of the roundabout at the junction of Leybourne Way and New Hythe Lane should be assessed as it is perceived that the current form gives rise to risk to traffic and it may be necessary to reduce its height and to improve visibility.

(10) The applicant should be advised that if the proposal goes ahead, they will need to register with the TMBC Environmental Health and Housing Services under the provisions of the Scrap Metal Dealers Act 1984.

(11) If the proposal goes ahead it will be necessary for the applicant to register an exemption with the Environment Agency. The applicant to be referred to the Environment Agency for further advice/information on this particular matter.
AP3 11/049 Alleged Unauthorised Development 11/00315/UNAUTU - Paris Farm, The Rocks Road, East Malling
Alleged Unauthorised Development at Paris Farm, The Rocks Road, East Malling.

RESOLVED: That the action set out in the supplementary report of the Director of Planning, Transport and Leisure in respect of enforcement be noted.
MATTERS SUBMITTED FOR INFORMATION
AP3 11/050 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.
MATTERS FOR CONSIDERATION IN PRIVATE
AP3 11/051 Exclusion of Press and Public
There no were items considered in private.
The meeting ended at 2105 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 T Bishop, Cllr Mrs B A Brown, Cllr R W Dalton, Cllr D A S Davis, Cllr P J Homewood, Cllr D Keeley, Cllr S M King, Cllr Mrs A S Oakley, Cllr M Parry-Waller, Cllr Mrs E A Simpson, Cllr D W Smith, Cllr R Taylor and Cllr Mrs C J Woodger.