Meeting documents

Area 3 Planning Committee
Thursday, 26th April, 2007 7.30 pm

ItemDescriptionResolution
PART 1 - PUBLIC
AP3 07/013 Declarations of interest.
Councillors Chapman, Hayes, Hickmott and Laverty declared personal and prejudicial interests in Application TM/06/04063/FL in that they were friends of the applicant, Councillor Miners. They withdrew from the meeting during consideration of this application. Councillor Lettington declared a personal interest in the above application in that he was a friend of the applicant's son and he remained in the meeting for the discussion and voting thereon.

Councillor Mrs Ridsdill-Smith declared a personal and prejudicial interest in Application TM/06/04127/TPOC in that she owned the property, the subject of the application. She withdrew from the meeting during consideration of the application. Councillor Mrs Simpson (Chairman) and Councillors Clements, Lettington, Mrs Oakley, Rowe, Thornewell and Mrs Woodger declared personal interests in the application in that they were members of the same political party as Councillor Mrs Ridsdill-Smith and they remained in the meeting for the discussion and voting thereon.

Councillor Mrs Ridsdill-Smith declared a personal and prejudicial interest in Application TM/06/04104/FL in that she lived in close proximity to the application site and she withdrew from the meeting during consideration of this item.
AP3 07/014 Minutes
  • Minutes
RESOLVED: That the MInutes of the meeting of Area 3 Planning Committee held on 18 January 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
AP3 07/015 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 07/016 TM/06/04063/FL - 13 Gorham Close, Snodland
New replacement garage and garden store at 13 Gorham Close, Snodland

RESOLVED: That the application be

APPROVED
AP3 07/017 TM/06/04127/TPOC - 241 Woodlands Road, Aylesford
Coppice two Chestnut trees; trim intruding bough of Ash tree to angle and fell and remove dead Birch tree (TPO ref. 12-02-14) at 241 Woodlands Road, Aylesford

RESOLVED: That the application be

APPROVED
AP3 07/018 TM/07/00244/FL - 1 Woodbury Road, Chatham
First floor rear extension and wind turbine at 1 Woodbury Road, Chatham

RESOLVED: That the application be

DEFERRED
AP3 07/019 TM/06/04104/FL - 188 Woodlands Road, Aylesford
Erection of ground and first floor side extensions at 188 Woodlands Road, Aylesford

RESOLVED: That the application be

DEFERRED for a Members' site inspection

[Speakers: Mr T Irvin and Mrs Walker - members of the public; and Mr Norman - applicant]
AP3 07/020 Alleged Unauthorised Development 06/00232/215 - 1 High Street, East Malling
The report of the Director of Planning, Transport and Leisure provided an update on action taken in respect of 1 High Street, East Malling since the matter was last reported to the Committee in November 2006

RESOLVED: That

(1) the actions and approaches set out in the report be noted; and

(2) a further reported be submitted to the meeting of the Committee scheduled to be held in June 2007.

AP3 07/021 Alleged Unauthorised Development 06/00416/215 - King and Queen, New Road, East Malling
The report of the Director of Planning, Transport and Leisure provided an outline of the current situation with regard to the physical state of an outbuilding within the curtilage of the King and Queen Public House, East Malling.

RESOLVED: That

(1) the matters identified in the report be noted; and

(2) a further reported be submitted to the meeting of the Committee scheduled to be held in June 2007.
AP3 07/022 Alleged Unauthorised Development 06/00238/UNAWKS - Land Adjoining 1 to 3 Portland Road, Wouldham
The report of the Director of Planning, Transport and Leisure set out details of the development of two new dwelling houses and associated works which were not in accordance with the approved planning permission.

RESOLVED: That

1. 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 Chief Solicitor 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.

A. Breach of Planning Control Alleged

Without planning permission the construction of vehicle parking and turning area not in accordance with the approved planning permission TM/04/04298/FL.

Reasons For Issuing The Notice

The above breach of planning control has occurred within the last four years. The development without adequate parking and turning facilities is likely to lead to hazardous on street parking and hazardous conditions on the public highway.

Requirement

To construct the parking and turning area in accordance with plan KF/SD/05 Rev C of planning permission TM/04/04298/FL.

Period For Compliance

Three calendar months from the date the Notice becomes effective.


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 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.

B. Breach of Planning Control Alleged

Failure to erect a 2m high fence on the front, northern boundary, as shown on plan KF/SD/05 Rev B as granted planning permission by TM/05/02945/RD.

Reasons For Issuing The Notice

The above breach of planning control has occurred within the last four years. The provision of the development without the erection of the fence causes a loss of amenity to neighbouring properties.

Requirement

To erect a 2m high fence on the northern elevation as shown on plan KF/SD/05 Rev B of permission TM/05/02945/RD.

Period For Compliance

One calendar month from the date the Notice becomes effective.


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 Chief Solicitor 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.

C. Breach of Planning Control Alleged

Without planning permission the construction of balconies to the rear of the properties not in accordance with the approved plans of TM/04/4298/FL.

Reasons For Issuing The Notice

The above breach of planning control has occurred within the last four years. The construction of the balconies not in accordance with the approved plans form an intrusive visual feature and can give rise to the loss of amenity to the neighbouring properties by way overlooking.

Requirement

To construct the balconies to the rear of the property in accordance with plan KF/SD/05 Rev B of planning permission TM/04/04298/FL.

Period For Compliance

Three calendar months from the date the Notice becomes effective.

and

2. Further Proceedings

In the event of the Enforcement Notices 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
AP3 07/023 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.
AP3 07/024 Planning Appeal Decisions
The Chief Solicitor submitted details of recently received planning appeal decisions.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
AP3 07/025 Exclusion of Press and Public
No items were considered in private.
The meeting ended at 2040 hours

Attendance Details

Present:
Cllr Mrs E A Simpson (Chairman), Cllr P M Hickmott (Vice-Chairman), Cllr G R W Chapman, Cllr J R H Clements, Cllr R W Dalton, Cllr D A S Davis, Cllr J Hayes, Cllr P J Homewood, Cllr D M Laverty, Cllr D Lettington, Cllr Mrs A S Oakley, Cllr Mrs C M Ridsdill-Smith, Cllr G Rowe, Cllr A K Sullivan, Cllr D Thornewell and Cllr Mrs C J Woodger.