Agenda and minutes

For reasons of transparency, and on the advice of the Monitoring Officer, Councillor C Smith declared a potential pre-determination and bias regarding application TM/16/01169/FL (Café 1809, 152-154 Tonbridge Road, Hildenborough). After hearing the views of the members of the public he addressed the Committee before withdrawing from the meeting and took no part in the debate or vote.

To confirm as a correct record the Minutes of the meeting of Area 1 Planning Committee held on 30 June 2016

RESOLVED:  That the Minutes of the meeting of the Area 1 Planning Committee held on 30 June 2016 be approved as a correct record and signed by the Chairman.

Introduction and Glossary

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. 

Variation of conditions 6 and 7 of planning permission TM/13/02727/FL to allow the cafe to be open between the hours of 07:30 to 20:00 Monday-Saturday, to allow for the use of outside space by customers between the hours of 07:30 to 20:00 Monday-Saturday between the months of May- September; (inclusive), and to allow for the use of the premises for private functions all year round (up to a maximum of 5 events per month) on Tuesday-Saturday up until 23:30 hours at Cafe 1809, 152 -154 Tonbridge Road, Hildenborough.

[It was noted that Kent Highway Services had advised that a ‘Parking Beat’ survey could be undertaken to assess the levels of parking stress in the locality, both during a typical non-private function event and a permitted private function event, and this was acknowledged as a useful tool in providing an accurate assessment of the levels of public parking availability in the locality during a typical evening and private function events.]

RESOLVED:  That temporary planning permission of 12 months be granted in accordance with the submitted details, conditions, reasons and informatives set out in the report of the Director of Planning, Housing and Environmental Health, subject to:

(1)             Amended Conditions:

2.  With the exception of pre-booked events and functions, the premises shall be operated fully in accordance with plan number 13/1779/100 C and Supporting Statement prepared by MKA Architects received on 08 November 2013 approved under planning reference TM/13/02727/FL unless otherwise agreed in writing by the Local Planning Authority.

Reason:  In the interests of residential amenity and highway safety

5.  With the exception of pre-booked events and functions, no activities in connection with the business shall be carried on outside the hours of 0730 to 2000 Monday to Saturday and 1000 to 1600 on Sunday unless otherwise agreed in writing by the Local Planning Authority.

Reason:  In the interests of residential amenity

12.  No waste shall be emptied from the premises into external bins outside the hours of 0800 and 1800 on any day.

Reason:  To protect the aural environment of nearby dwellings and in the interests of residential amenity.

17.  The applicant shall notify the Local Planning Authority in writing 5 calendar days prior to all pre-booked events taking place as to the nature, type, date and duration of any pre-booked private function event, unless otherwise agreed by the Local Planning Authority.

Reason:  To allow the monitoring of pre-booked events and functions in order to safeguard the amenities of neighbouring occupiers.

(2)             Amended Informative:

2.  When taking bookings for private function events, the applicant is asked to provide parking information to booking customers specifying that no dedicated parking is available at the premises, and setting out local parking facilities nearby, including the public car parks located in Riding Lane – this should accord with the Travel Plan details to be approved under Condition 9.

(3)             Additional Informative:

3.  The applicant is strongly encouraged to explore alternative options for car parking for staff and customers within the locality during the 12  ...  view the full minutes text for item AP1 16/23

(A) External alterations and alterations to forecourt to provide pedestrian route to Cannon Lane; (B) Extension to rear of building; (C) Insertion of Mezzanine Floors;

(D) New unit to accommodate an A3 occupier; and   (E) Variation of condition 1 of planning permission TM/98/01517/FL to extend the range of the goods that can be sold from the unit at B and Q, Cannon Lane, Tonbridge.

RESOLVED:  That application (A) (TM/16/00819/FL) be GRANTED planning permission in accordance with the submitted details, conditions, reasons and informatives set out in the report of the Director of Planning, Housing and Environmental Health

RESOLVED:  That application (B) (TM/16/00821/FL) be GRANTED planning permission in accordance with the submitted details, conditions, reasons and informatives set out in the report of the Director of Planning, Housing and Environmental Health, subject to:

(1)             Additional Condition:

6.  The deliveries in the retail units shall only be undertaken in accordance with the details shown on the plan no.T236_03.DWG appended to the Transport Assessment prepared by Exigo Project Solutions, unless otherwise agreed in writing by the Local Planning Authority.

Reason:  In the interests of highway safety and residential amenity.

RESOLVED:  That application (C) (TM/16/00822/FL) be GRANTED planning permission in accordance with the submitted details, conditions, reasons and informatives set out in the report of the Director of Planning, Housing and Environmental Health

RESOLVED:  That application (D) (TM/16/00820/FL)be GRANTED planning permission in accordance with the submitted details, conditions, reasons and informatives set out in the report of the Director of Planning, Housing and Environmental Health, subject to:

(1)             Additional Conditions:

8.  The deliveries on the retail units shall only be undertaken in accordance with the details shown on the plan no.T236_03.DWG appended to the Transport Assessment prepared by Exigo Project Solutions, unless otherwise agreed in writing by the Local Planning Authority.

Reason:  In the interests of highway safety and residential amenity

9.  No external lighting shall be installed on the building hereby permitted unless otherwise agreed in writing by the Local Planning Authority.

Reason:  In the interests of residential and visual amenity.

RESOLVED: That application (E) (TM/16/00818/FL) be GRANTED planning permission in accordance with the submitted details, conditions, reasons and informatives set out in the report of the Director of Planning, Housing and Environmental Health, subject to:

(1)             Amended Conditions:

1. The use of the retail warehousing hereby approved shall be limited to the retail

sales of DIY home and garden products, hardware, self-assembly or pre-assembled furniture, household furnishings, floor coverings, electrical goods, motor accessories and motor vehicles, office equipment and supplies, bicycles, pets, pet food and drink and pet products, camping equipment and computer equipment.

Unit 1C shown edged green on plan shall additionally be permitted to be used for the sale of tents, camping and caravanning equipment and accessories, outdoor pursuit equipment and accessories and an associated ancillary outdoor clothing and footwear range equating to not more than 20 % of the net retail floorspace of Unit 1C.

Unit 1D shown edged purple on plan shall additionally  ...  view the full minutes text for item AP1 16/24

Change of use from C3 to D1 to provide classrooms and new staff facilities at 36 - 36A Dry Hill Park Road, Tonbridge.

RESOLVED:  That planning permission be REFUSED for the following reason:

(1)             The proposed change of use of the residential dwellings and their associated curtilages to a D1 use in connection with a school would result in unacceptable increase in the levels of noise and disturbance in close proximity to neighbouring residential properties, harming residential amenity contrary to paragraph 123 of the NPPF, Policies CP1 and CP24 of the Tonbridge and Malling Borough Core Strategy 2007 and Policy SQ1 of the Tonbridge and Malling Managing Development and the Environment Development Plan Document 2010.

[Speakers:  Mrs Lisa Gibbard, Mr Steven Johnston, Petra Sluka, Mr Ian Gibbard, Mrs Cheryl Farrar, Mrs Tessa Shepherd, Mr Mark Farrar and Mr David Mote – members of the public]

The Director of Planning, Housing and Environmental Health reported an unauthorised siting of a large metal storage container to the front of 44 Dry Hill Park Road, Tonbridge.

As the container was neither of an appropriate design nor of appropriate materials given the site’s location within the Tonbridge Conservation Area it was considered to be detrimental to the character and appearance of the locality.  It was therefore contrary to Policy CP24 of the TMBCS and Policy SQ1 of the MDE DPD.

RESOLVED:  That an Enforcement Notice BE ISSUED to seek the removal of the authorised storage container, the detailed wording of which to be agreed with the Director of Central Services.

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.