Agenda and minutes

Members are reminded of their obligation under the Council’s Code of Conduct to disclose any Disclosable Pecuniary Interests and Other Significant Interests in any matter(s) to be considered or being considered at the meeting. These are explained in the Code of Conduct on the Council’s website at Code of conduct for members – Tonbridge and Malling Borough Council (tmbc.gov.uk).

Members in any doubt about such declarations are advised to contact Legal or Democratic Services in advance of the meeting.

There were no declarations of interest made in accordance with the Code of Conduct.

To confirm as a correct record the Minutes of the meeting of Area 1 Planning Committee held on 22 June 2023.

RESOLVED:  That the Minutes of the meeting of the Area 1 Planning Committee held on 22 June 2023 be approved as a correct record and signed by the Chairman.

Glossary of abbreviations used in reports to the Area Planning Committee (attached for information)

Any supplementary matters will be circulated via report in advance of the meeting and published to the website.

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, Housing and Environmental Health or in the variations indicated below.  Any supplementary reports were tabled at the meeting.

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. 

New bungalow to the rear of 15 Estridge Way (Revision to TM/20/00862/FL)

New bungalow to the rear of 15 Estridge Way (Revision to TM/20/00862/FL).

Further to Minute AP1 23/15 of the meeting held on 22 June 2023, the Committee considered the above application together with the report of the Director of Central Services and Monitoring Officer set out in Part 2 of the agenda (Minute AP1 23/24 refers).  Members continued to express concern in respect of the materials used for the roof of the building and the distinctiveness of the roof was considered a harmful feature to the character and appearance of the street scene, in conflict with policies CP24 of the Tonbridge and Malling Borough Core Strategy (2007), SQ1 of the Managing Development and the Environment Development Plan Document and paragraph 130 of the National Planning Policy Framework.

RECOMMENDED*:  That the application stand DEFERRED for determination by Full Council in accordance with Rule 15.25 of the Council and Committee Procedure Rules.

[Speakers:  Mr N Coomber, Mrs L Hamilton and Mr D Parkinson – members of the public addressed the Committee in person and Mr S King (applicant) addressed the Committee via MS Teams]

*Referred to Council

To receive and note any update in respect of planning appeals, public inquiries and hearings held since the last meeting of the Planning Committee.

There were no updates in respect of planning appeals, public inquiries and hearings held since the last meeting of the Planning Committee.

The Chairman to move that the press and public be excluded from the remainder of the meeting during consideration of any items the publication of which would disclose exempt information.

There were no items considered in private. 

However, Members had regard to the report  of the Director of Central Services and Monitoring Officer set out in Part 2 of the agenda.

(Reasons: LGA 1972 - Sch 12A Paragraph 5 – information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.)

This report provides legal advice on the consequences of taking decisions against the advice of officers.

(Reason: LGA 1972, Sch 12A, Paragraph 5 – information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)

At the meeting of the Area 1 Planning Committee held on 22 June 2023 consideration of the application was 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) (Minute AP1 23/15 refers).  The report of the Director of Central Services and Monitoring Officer provided an assessment of the risks arising from a resolution to refuse planning permission and advised that any such resolution would be a recommendation only and the matter would stand deferred to be considered and determined by Full Council (Minute AP1 23/21 refers).

RESOLVED:  That the report be received and noted.