Meeting documents

Area 2 Planning Committee
Wednesday, 23rd May, 2012 7.30 pm

ItemDescriptionResolution
PART 1 - PUBLIC
AP2 12/023 Declarations of interest.
There were no declarations of interest made.
AP2 12/024 Minutes
  • Minutes
RESOLVED: That the Minutes of the meeting of the Area 2 Planning Committee held on 29 February 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 12/025 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. In light of recent changes with the publication of the National Planning Policy framework the opportunity was taken to revise the reasons for the proposed conditions, set out in the main reports of the Director of Planning, Transport and Leisure, to reflect the relevant policy considerations both national and local.

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 12/026 TM/11/03055/FL - Thriftwood Caravan and Camping Park, Plaxdale Green Road, Stansted
Section 73 application to vary the conditions of TM/01/01069/FL to allow the use of touring units on a year round basis with the original condition 4 of TM/01/01069/FL remaining in force in respect of the 30 approved static caravans (TM/01/01069/FL being Variation to condition (v) of planning permission TM/81/886 to allow siting of 150 touring and 30 static caravans, and winter storage of 50 touring and 30 static caravans) at Thriftwood Caravan And Camping Park, Plaxdale Green Road, Stansted.

This item was WITHDRAWN from the agenda
AP2 12/027 TM/12/00457/FL - Caterways Cottage, Old Soar Road, Plaxtol
Proposed two storey side/rear extension and single storey rear extension and porch to front, including widening access drive and hardstanding for two car parking spaces at Caterways Cottage, Old Soar Road, Plaxtol.

RESOLVED: That planning permission be

APPROVED in accordance with the details set out in paragraph 7.1 of the report of the Director of Planning, Transport and Leisure, subject to the following:

(1) the amended conditions set out in the supplementary report of the Director of Planning, Transport and Leisure, tabled at the meeting.

[Speakers: Plaxtol Parish Council - Mr R Simpson and Mr M Prior - applicant]
AP2 12/028 (A) TM/11/03061/FLX & (B) TM/12/00690/RD - (A) Platt C of E Primary School, Maidstone Road, Platt & (B) Playing Fields, Grange Road, Platt
(A) Extension of time limit on planning permission TM/07/01810/FL (Demolition of existing buildings and erection of 11 dwellings with car ports and access road at Platt C Of E Primary School, Maidstone Road, Platt.


RESOLVED: That planning permission be GRANTED, subject to the following:

(1) the amended conditions set out in the supplementary report of the Director of Planning, Transport and Leisure, tabled at the meeting; and

(2) Additional informative:

5. The applicants, the Local Education Authority, the School Governors and Diocesan Board of Education are reminded of the requirements of condition 15 of planning permission TM/07/01807, in respect of alternative playing field provision whilst the current school remains in use. The parties are encouraged to update their risk assessments before bringing any such alternative facility into use. With regard to the possibility of use of an alternative facility north of the A25 the parties must ensure not only that a controlled pedestrian crossing is provided but that it is installed and configured in accordance with the requirements of the Local Highway Authority after the appropriate Safety Audit. All aspects of safety of use should be considered and the preferred solution would be the contemporaneous occupation of the new school and new playing fields. The operation of the controlled pedestrian crossing should be specifically designed to take account of the need for large groups of teachers/parents/children to cross the road.

6. The applicant is advised that condition 13 on this planning permission, requiring a tenure of rented affordable housing, has been imposed in the light of the Borough Council viewing the development of the existing School and its Playing Field in aggregate in terms of overall compliance with Policy CP17 of the Tonbridge and Malling Borough Core Strategy 2007. Consequently, if the tenure or any other aspect of the affordable housing provision on one site changes in any way, this is likely to result in a need to review the nature of provision on the other site.

(B) Details submitted pursuant to Condition 13 (affordable housing) of planning permission TM/07/01807/FL (erection of 8 dwellings with private access) at Playing Fields, Grange Road, Platt.

RESOLVED: That the discharge of details submitted pursuant to condition 13 (affordable housing) of TM/07/01805/FL be

APPROVED, subject to the following:

(1) Additional informatives:

1. The applicants, the Local Education Authority, the School Governors and Diocesan Board of Education are reminded of the requirements of condition 15 of planning permission TM/07/01807, in respect of alternative playing field provision whilst the current school remains in use. The parties are encouraged to update their risk assessments before bringing any such alternative facility into use. With regard to the possibly of use of an alternative facility north of the A25 the parties must ensure not only that a controlled pedestrian crossing is provided but that it is installed and configured in accordance with the requirements of the Local Highway Authority after the appropriate Safety Audit. All aspects of safety of use should be considered and the preferred solution would be the contemporaneous occupation of the new school and new playing fields; and

2. The applicant is advised that condition 13 on planning permission TM/011/03061/FLX requiring a tenure of rented affordable housing has been imposed in the light of the Borough Council viewing the redevelopment of the existing School and its Playing Field in aggregate in terms of overall compliance with Policy CP17 of the Tonbridge and Malling Borough Core Strategy 2007. Consequently, if the tenure or any other aspect of the affordable housing provision on one site changes in any way, this is likely to result in a need to review the nature of provision on the other site.

[Speakers: Platt Parish Council - Mr T Bonser, Mr Paul Vallance - on behalf of Platt Church of England School, Mr Jerrom, Mr Darby and Mr Baker - members of the public]
AP2 12/029 TM/11/00384/FL - The Vigo Inn, Gravesend Road, Wrotham
Change of use of land for car parking, vehicular access road, erection of timber outbuilding to provide additional seating and food preparation areas, installation of petanque pitch (Partially Retrospective) at The Vigo Inn, Gravesend Road, Wrotham.

RESOLVED: That the decision to grant planning permission be delegated to the Director of Planning, Transport and Leisure, subject to satisfactory negotiations with the applicant on the following: -

(1) Hours of use of petanque pitch and garden. Members expressed a view that 2230 hours would be appropriate and conditions 12 and 14 would be amended to reflect this.

(2) Hours of illumination and type of external lighting for petanque pitch and garden area. Conditions 13 and 14 to be amended to reflect this.

(3) Low level lighting for car park

(4) Surfacing of car park and access road

If no satisfactory agreement from the applicant within a reasonable timescale, the application is to be reported back to a subsequent Area 2 Planning Committee.

In addition, the Chief Solicitor and the Director of Planning, Transport and Leisure to explore whether controls over noise from external activities could be realistically exercised through the Planning regime or whether this should be left to licensing controls. Appropriate conditions or informatives to be added if practicable.

[Speakers: Mr C Bonacci - member of the public and Mr Forrest - applicant]
AP2 12/030 11/00349/UNAWKS - The Gables Nursing Home, Gravesend Road, Wrotham
Alleged Unauthorised Development at
The Gables Nursing Home, Gravesend Road, Wrotham.

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 Chief Solicitor, 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, the construction of extensions to the rear of the building including 2 no. flat roof two storey extensions (ground and first floor), a further two storey rear projecting extension (ground and basement level) with a contiguous single storey extension (basement level) with brick enclosed balcony above.

- Reasons For Issuing The Notice:

It appears to the Council that, from the evidence before it, this breach of planning control has occurred within the last four years. The site lies within the Metropolitan Green Belt and the Kent Downs Area of Outstanding Natural Beauty. There is a general presumption against inappropriate development within the Green Belt unless it can be shown that very special circumstances exist. In addition development will not be permitted which would be detrimental to the natural beauty and quiet enjoyment of the Area of Outstanding Natural Beauty, including its landscape, wildlife and geological interest other than in exceptional circumstances where development is essential to meet local social or economic needs. Any such development must have regard to local distinctiveness and landscape character, and use sympathetic materials and appropriate design. It is the Council's view that, in the light of these policies, the size, scale, bulk and mass of the unauthorised additions cannot be justified by any case of very special circumstances within the Metropolitan Green Belt. It is also considered that the poor design of the rear extensions causes harm to the Area of Outstanding Natural Beauty contrary to Policy CP7 of the Tonbridge and Malling Borough Council Core Strategy. In addition, the poor design of the extensions is also contrary to Policy CP24 of the Tonbridge and Malling Borough Council Core Strategy. Therefore an application to retain the unauthorised development as it currently exists could not be supported because the imposition of conditions could not overcome all the objections to the unauthorised development. The Enforcement Notice is necessary to alleviate the nuisance and detriment to amenity resulting from the unauthorised development and to safeguard the openness of the Metropolitan Green Belt.

- Requirement:

1. Demolish all parts of the 2 no. flat roof two storey extensions (ground and first floor), the two storey rear projecting extension (ground and basement level) and the contiguous single storey extension (basement level) with brick enclosed balcony above, in the location shown on the plan attached to the Notice.

2. Repair and make good the rear walls of the existing building in a good and proper workmanlike manner using good quality and suitable matching materials and building methods appropriate to the existing building and in accordance with the current Building Regulations.

3. Remove all the arisings from the demolition from the site.

4. Where the foundations to the rear extensions are removed, reinstate the ground level to match the adjoining ground level and surface materials and leave the site in a neat, tidy and safe condition.

- Period For Compliance:

Three calendar months from the date when the Notice takes effect.

MATTERS SUBMITTED FOR INFORMATION
AP2 12/031 Planning Appeal Decisions
The report of the Chief Solicitor advised of planning appeals decisions since the meeting held on 29 February 2012.

RESOLVED: That the report be received and noted.
AP2 12/032 Forthcoming Planning Appeals Inquiries and Hearings
The report of the Chief Solicitor advised of forthcoming planning inquiries and hearings.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP2 12/033 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
DECISIONS TO BE TAKEN BY THE COMMITTEE
AP2 12/034 Land off Ford Lane, Addington
(Reason: LGA 1972 - Sch 12A Paragraph 5 - information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)

  • (Attachment: 22)Joint report of Director of Planning, Transport and Leisure and Chief Solicitor
  • (Attachment: 23)Annex
  • (Attachment: 24)Map
The joint report of the Director of Planning, Transport and Leisure and the Chief Solicitor updated Members on enforcement action taken in respect of the unauthorised use of land off Ford Lane, Addington.

It was noted that no further enforcement action in respect of the remaining structures was recommended at the present time. Officers were minded to pursue dialogue with the owner of the land in the first instance to determine if there was any realistic prospect of their removal, or an application for their retention.
The meeting ended at 2210 hours.

Attendance Details

Present:
Cllr Mrs F A Kemp (Chairman), Cllr Mrs S M Murray (Vice-Chairman), Cllr Mrs E M Holland (Second Vice-Chairman), Cllr Mrs J A Anderson, Cllr M A C Balfour, Cllr F R D Chartres, Cllr M A Coffin, Cllr D W P Evans, Cllr Mrs S L Luck, Cllr B J Luker, Cllr T J Robins, Cllr A G Sayer, Cllr Miss J L Sergison and Cllr M S Worrall.