| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| AP3 08/064 |
Declarations of interest. |
Councillor Balcombe declared a personal and prejudicial interest in application 08/00047/UNAUTU on the grounds that he knew the applicant and withdrew from the meeting when this item was discussed. |
| AP3 08/065 |
Minutes |
RESOLVED: That the Minutes of the meeting of Area 3 Planning Committee held on 6 November 2008 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 08/066 |
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 08/067 |
TM/08/03186/FL - 7 High Street, Wouldham |
Demolition of side extension and erection of new two storey house with off street car parking. (Resubmission TM07/03685/FL)at 7 High Street Wouldham. RESOLVED: That the application be APPROVED subject to: (1) Amended informative: 2. With regard to the works to widen the vehicular access and create a pedestrian access point, the applicant is asked to consult the Community Delivery Manager, Kent County Council, Kent Highway Services, Double Day House, St Michaels Close, Aylesford. Tel: 08458 247800 [Speaker: Mr Weller, agent] |
| AP3 08/068 |
TM/07/03757/LB - Invicta Works, Mill Street, East Malling |
Listed Building Application: Demolition of existing boundary wall and replacement ragstone wall at Invicta Works Mill Street East Malling. RESOLVED: That Listed Building Consent be GRANTED [Speakers: Mr J Williams, East Malling Conservation Group and Mr J Collins, agent] |
| AP3 08/069 |
TM/08/02940/FL - 24 St Peters Close, Ditton |
Demolition of existing detached garage and erection of new single storey side extension plus loft conversion at 24 St Peters Close Ditton. RESOLVED: That the application be APPROVED [Speakers: Mr Day and Mrs Day, members of the public] |
| AP3 08/070 |
Alleged Unauthorised Development 08/00246/UNAWKS - 10 Ffinch Close, Ditton |
Alleged Unauthorised Development at 10 Ffinch Close 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 Chief Solicitor, she 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 a lean-to extension on the eastern side elevation of the dwellinghouse Reasons For Issuing The Notice It appears to the Local Planning Authority that the above breach of planning control has occurred within the last four years. The construction of the lean-to side extension was completed in April 2008 and was therefore completed less than four years ago. The design of the extension is out of character with the existing dwelling and has a detrimental visual impact to the appearance of the locality and is contrary to Saved Policy P4/12 of the Tonbridge and Malling Borough Local Plan 1998 and Policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007. The Local Planning authority has refused to grant retrospective planning permission for the development because planning conditions could not overcome the objections to the development. The service of the Enforcement Notice is required to ensure the proper planning of the area and to remedy a serious injury to the amenity of the residential area. Requirement: Dismantle and remove from the eastern side wall of the dwellinghouse all parts of the lean-to extension fixed on the side wall of the house and fixed to the boundary fence in the location as shown hatched black on the plan attached to the Enforcement Notice and make good the wall of the house and the fence. Period For Compliance: 3 calendar months from the date that the Notice takes effect. Further Proceedings: In the event of the Enforcement Notice 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. |
| AP3 08/071 |
Alleged Unauthorised Development 08/00047/UNAUTU - Corio Farm, 450 Wateringbury Road, East Malling |
Alleged Unauthorised Development at Corio Farm, 450 Wateringbury Road, East Malling. RESOLVED: That (A) 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, she 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: Unauthorised engineering or other operational development being the creation of hardstanding. Reasons For Issuing The Notice: It would appear that the unauthorised engineering operation has been undertaken in the last four years. The development constitutes excessive encroachment and expansion of development within the countryside. The development does not enhance or maintain the countryside and does not result in a high quality environment and is detrimental to the amenity and functioning of the countryside. The development is therefore contrary to PPS7, policies CP1, CP14 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007, land policies SS8 £NV1 and QL1 of the Kent and Medway Structure Plan 2006. Requirement: 1. To break up the hardstanding on the land shown hatched on Plan TMBC2, and to remove all the materials forming the hardstanding from the site and to return the land to pasture. Period For Compliance: Three months from the date that the Notice takes effect. (B) 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, she 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: The unauthorised change in use of the site from an agricultural use to use as a base for an agricultural contracting and civil engineering business including the storage of plant, including earth moving equipment and similar vehicles, and materials including bricks, concrete and other civil engineering materials and waste resulting from agricultural contracting business (but excluding any timber that may be retained on site for domestic use at Corio Farm). Reasons for Issuing the Notice: It would appear that the unauthorised use has been undertaken in the last ten years. The development constitutes excessive encroachment and expansion of development within the countryside. The development does not enhance or maintain the countryside and does not result in a high quality environment and is detrimental to the amenity and functioning of the countryside. The development is therefore contrary to PPG4, draft PPS4, PPs7, policies CP1, CP14 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007, Saved Policy P3/17 of the Tonbridge and Malling Local Plan 1998 and policies SS8 ENV1 and QL1 of the Kent and Medway Structure Plan 2006. Requirement: To cease the use of the land for the mixed agricultural contracting and civil engineering business and remove from the site all such plant and materials associated with that business. Period for Compliance: Three months from the date the Notice becomes effective. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| AP3 08/072 |
List D |
The Director of Planning, Transport and Leisure submitted a list of applications determined since the date of the last meeting. RESOLVED: That the report be received and noted. |
| AP3 08/073 |
Planning Appeal Decisions |
The Chief Solicitor submitted details of recently received planning appeal decisions. RESOLVED: That the report be received and noted. |
| AP3 08/074 |
Forthcoming Planning Inquiries and Hearings |
The report of the Chief Solicitor presented details of the arrangements for forthcoming Public Inquiries and Hearings. RESOLVED: That the report be received and noted. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| AP3 08/075 |
Exclusion of Press and Public |
No items were considered in private. |