26 TM/24/00366/PA - Land Opposite the Paddocks, Birling Road, Leybourne, West Malling PDF 304 KB
S73 Application for variation of conditions 3 and 4 submitted pursuant to Appeal ref APP/H2265/C/21/3280661 to allow for the siting of an additional 2 static caravans and 2 utility rooms within existing pitches.
Additional documents:
Minutes:
S73 Application for variation of conditions 3 and 4 submitted pursuant to Appeal ref: APP/H2265/C/21/3280661 to allow for the siting of an additional 2 static caravans and 2 utility rooms within existing pitches.
Further to minute AP2 25/19 of the meeting held on 2 April 2025, the Committee considered the above application with the report of the Director of Central Services and Monitoring Officer set out in Part 2 of the agenda (Minute No AP2 25/30 refers). Members continued to express concern regarding the harm to the Green Belt due to the encroachment from the development.
During discussion, Councillors B Banks, P Boxall, R Roud and M Tatton invoked Council Procedure 15.24, Part 4 Rules of the Constitution, which required that the item be deferred direct to the Council for decision.
RESOLVED*: That the application stand DEFERRED for determination by Full Council in accordance with Rule 15.24 of the Council and Committee Procedure Rules.
[Speakers: Representatives of Birling Residents address the Committee in person].
*Deferred to Council
19 TM/24/00366/PA - Land Opposite the Paddocks, Birling Road, Leybourne, West Malling PDF 289 KB
S73 Application for variation of conditions 3 and 4 submitted pursuant to Appeal ref APP/H2265/C/21/3280661 to allow for the siting of an additional 2 static caravans and 2 utility rooms within existing pitches.
Additional documents:
Minutes:
S73 Application for variation of conditions 3 and 4 submitted pursuant to Appeal ref: APP/H2265/C/21/3280661 to allow for the siting of an additional 2 static caravans and 2 utility rooms within existing pitches.
Due regard was given to the determining issues and conditions as detailed in the report of the Director of Planning, Housing and Environmental Health, with particular attention given to the concerns raised by the public speakers.
During discussion, concern was raised regarding the harm to the Green Belt due to the encroachment from the development, following which Councillor Boxall proposed, seconded by Councillor Banks and supported by the Committee, that the application be refused by reason of the introduction of two additional static caravans and two day units would result in an incongruous form of development and would result in sprawl of the existing site which strongly contributes to green belt purposes paragraph 143 a) NPPF (2024) as such would be inappropriate development for which no very special circumstances have been demonstrated to outweigh the harm caused by the inappropriateness.
In accordance with Council Procedure Rule 15.25, Part 4 Rules of the Constitution, it was
RESOLVED: That the planning application be DEFERRED for a report from Legal Services on the risks arising from a decision contrary to the recommendation of the Director of Planning, Housing and Environmental Health (as set out in CPR 15.25, Part 4 (Rules) of the Constitution).
[Speakers: Representatives of Birling Residents addressed the Committee in person].