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.

For reasons of transparency and on the advice of the Monitoring Officer and the Deputy Monitoring Officer, Councillor A Mehmet declared an Other Significant Interest regarding application TM/23/00796/FL (The Vicarage, Church Street, Tonbridge) on the grounds of having represented the Applicant for other planning matters in the past year.  He withdrew from the meeting and did not participate in the discussion or vote on this matter.

To confirm as a correct record the Minutes of the ordinary and extraordinary meetings of Area 1 Planning Committee held on 5 September 2024 and 10 October 2024 respectively.

RESOLVED:  That the Minutes of the ordinary and extraordinary meetings of the Area 1 Planning Committee held on 5 September 2024 and 10 October 2024 respectively 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. 

Erection of a two storey side extension to create a two bedroom dwelling, including reconfiguration of the roof, new dormer windows, internal reconfiguration of the existing dwelling to incorporate a loft conversion and associated access and landscaping works

Erection of a two storey side extension to create a two bedroom dwelling, including reconfiguration of the roof, new dormer windows, internal reconfiguration of the existing dwelling to incorporate a loft conversion and associated access and landscaping works

Members expressed concern in respect of the proposed development being exempt from having to meet the Biodiversity Net Gain (BNG) requirement and deliver a 10% BNG on the grounds of being a Self-Build application and requested further information regarding a mechanism to ensure the usage of the development following construction would meet the definition of “Self-Build” to enable them to determine the application.

RESOLVED:  That the planning application be DEFERRED to enable further information to be obtained in order to investigate whether a mechanism could be established to secure the initial usage of the proposed development to meet the definition of a “Self-Build” property.

[Speakers: Mr S Sharma and Mrs E Williams (members of the public) and Mr O Ricketts (agent on behalf of the Applicant) addressed the Committee in person.]

Erection of one dwelling with incidental ground works and access

Erection of one dwelling with incidental ground works and access

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 reference made to a proposal from Members for a strengthened condition requesting the submission and approval, prior to commencement of the development, of a report to ensure protection of and/or mitigation against any risk of incidental or accidental damage to the Scheduled Ancient Monument (the Fosse) during development construction.

RESOLVED:  That planning permission 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)          investigation being undertaken to enhance Conditions 4 and 5 in the report to reflect a more detailed and strengthened pre-development reporting requirement in respect of protecting the archaeological site against any incidental or accidental damage during construction of the development; and

(2)          final wording of amended Conditions 4 and 5, if deemed appropriate, being delegated to the Director of Planning, Housing and Environmental Health to agree and to be confirmed as set out in the Decision Notice to be published by the Planning Services of the Borough Council.

[Speakers: Mr G Gilbart-Smith (member of the public) and Mr R Wickham (Applicant) addressed the Committee in person and Ms V Branson (member of the public) addressed the Committee via MS Teams.]

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

The report setting out updates in respect of planning appeals, public inquiries and hearings held since the last meeting of the Planning Committee was received and noted, and the importance of ensuring the completeness of appeal statement to include any recommended conditions was highlighted.

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.