| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP3 11/001 |
Declarations of interest. |
Councillor D Davis declared a personal and prejudicial interest in Application TM/10/01437/OA in that he was a near neighbour to the application site. He withdrew from the meeting during consideration of this item. |
| AP3 11/002 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 3 Planning Committee held on 11 November 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 | ||
| AP3 11/003 |
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 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 applications shown below. |
| AP3 11/004 |
TM/10/01908/FL - Land at Hillberry House, 353 Wateringbury Road, East Malling |
Continued use of land as caravan site to accommodate up to 20 touring caravans at land at Hillberry House, 353 Wateringbury Road, East Malling. RESOLVED: That the application be APPROVED subject to (1) the amendment of condition 1 to read:- 1. Notwithstanding any of the provisions of Part 5 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (as amended) at no time shall the total number of touring caravans on the site exceed a maximum of 20. Reason: To ensure that the use of the site is not overintensive for a countryside location. (2) the amendment of condition 6 to read:- 6. Within two months of the date of this consent a full scheme of landscaping to the site boundaries shall be submitted to the Local Planning Authority for approval. The approved landscaping shall be implemented within the first planting season and retained thereafter. 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. Reason: To protect the character of this countryside location. (3) the amendment of Informative 1 to read:- 1. Towing vehicles shall only enter and leave the site to or from the south on Wateringbury Road towards the A26 and not through East Malling village. The site owner/operator is asked to actively encourage potential clients to adhere to this, through promotional literature and advice given on site. |
| AP3 11/005 |
TM/10/01437/OA - 125 Rochester Road, Burham |
Outline Application: Demolition of existing public house and redevelopment of site with 11 no.3 bedroom houses with associated access and parking facilities at 125 Rochester Road, Burham. RESOLVED: That the application be DEFERRED [Speakers: Mr D Young on behalf of Burham Parish Council; Mr M Kennard, Mr C Richardson, Mr P Patel, Mrs S Clark, Mr W Stead and Mr R Smith - members of the public; and Mr K Wise - Agent to the applicant] |
| AP3 11/006 |
Alleged Unauthorised Development 10/00219/UNAUTU - 244 Robin Hood Lane, Blue Bell Hill |
Alleged unauthorised development at 244 Robin Hood Lane, Blue Bell Hill. RESOLVED: That 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 Legal Services Partnership Manager, 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, an unauthorised material change of use from residential (Class C3 of the Town and Country Planning (Use Classes) Order 1987 (as amended)) to a mixed use of residential and as an office relating to the operation of an accountancy business (Class B1(a) of the Town and Country Planning (Use Classes) Order 1987 (as amended)). Reasons For Issuing The Notice It appears to the Council that this breach of planning control has occurred within the last 10 years. Policy CP1 of the Tonbridge and Malling Core Strategy 2007 seeks to protect residential amenity and requires that all new development must result in a high quality sustainable environment. The need for development must be balanced against the need to protect and enhance the natural and built environment where residential amenity must be preserved and where possible enhanced. Policy CP24 of the Tonbridge and Malling Core Strategy 2007 also requires that all development must through its scale, siting and character be designed to respect its site and surroundings. Development which by virtue of its design would be detrimental to the built environment, amenity or functioning and character of a settlement or the countryside will not be permitted. Policy SQ1 of the Tonbridge and Malling Borough, Managing Development and the Environment Development Plan Document 2010 reflects the general intent of policy CP24 but also requires development to respect the residential amenities of neighbouring properties and to protect, conserve and enhance the local distinctiveness of the area and the prevailing level of tranquillity. The continuation of the office use is likely to cause undue nuisance to the occupiers of the adjoining dwellings in particular by reason of the noise and activities of people working in or attending the office to the rear of the existing houses over and above those activities usually associated with a residential property. The increased use of the rear amenity areas is also likely to cause potential loss of privacy because of the use of the garden by employees not usually resident at the premises contrary to the above policies. The continuation of the office use from these premises is also likely to cause general detriment to the amenity and character of the area arising from the additional vehicle movements to and from the site contrary to the above policies. The Enforcement Notice is necessary to alleviate the nuisance and detriment to the amenity of the area resulting from the unauthorised development. The Council does not consider that planning permission should be granted because planning conditions could not overcome these objections. Requirement Permanently stop using any part of the residential premises for office uses related to the accountancy business and remove all associated office equipment and paraphernalia from the site. Period For Compliance Three calendar months from the date that the Notice take effect. |
| AP3 11/007 |
Alleged Unauthorised Development 09/00366/UNAUTU - 56 Primrose Drive, Ditton |
Alleged unauthorised development at 56 Primrose Drive, Ditton. RESOLVED: That 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 Legal Services Partnership Manager, 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 of the property from residential to a mixed residential and business, use the business element involving hot food preparation for delivery. Reasons For Issuing The Notice It would appear that the above breach of planning control has occurred within the last ten years. The use of the site for the preparation of hot food for delivery off site causes a loss of residential amenity to neighbouring properties by virtue of increased traffic movements and is contrary to Policy CP24 of the Tonbridge and Malling Core Strategy. The Enforcement Notice is necessary to alleviate the nuisance and detriment to the amenity of the area resulting from the unauthorised development. The Council does not consider that planning permission should be granted because planning conditions could not overcome these objections. Requirement To cease the use of the site for preparation of hot food for delivery. Period For Compliance 4 Calendar months from the date the Notice becomes effective. |
| AP3 11/008 |
Tree Preservation Order No 16 2010 |
The Legal Services Partnership Manager submitted details of an objection received in respect of Tree Preservation Order No.16 2010 made on a Blue Cedar tree at 8 Holtwood Avenue, Aylesford. RESOLVED: That Tree Preservation Order No 16 2010 be confirmed. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP3 11/009 |
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 11/010 |
Exclusion of Press and Public |
There were no items considered in private. |