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 2 Planning Committee held on 25 June 2025

RESOLVED:  That the Minutes of the meeting of the Area 2 Planning Committee held on 25 June 2025 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. 

** This item has been WITHDRAWN from this agenda**

Outline Application: all matters reserved except for access, layout and scale for the demolition of an existing range of modern agricultural buildings and the redevelopment of site with five dwellings (Two single storey and three two storey) together with associated car ports, hardstandings for car parking and turning, landscaping works and the conversion of an existing former stable building into an ancillary domestic outbuilding works.

As a result of the planning appeal decision in respect of the previously refused application (TM/23/03202/0AMIN) being received, this item was WITHDRAWN from the agenda.

Lawful Development Certificate Existing: Section 191, Town and Country Planning Act 1991, for the change of use of land from Agricultural Land to use as a Caravan site for the siting of a static caravan for human habitation and land used in conjunction with that human habitation, as defined in Section 1(4) of the Caravan Sites and Control of Development Act 1960.

Lawful Development Certificate Existing: Section 191, Town and Country Planning Act 1991, for the change of use of land from Agricultural Land to use as a Caravan site for the siting of a static caravan for human habitation and land used in conjunction with that human habitation, as defined in Section 1(4) of the Caravan Sites and Control of Development Act 1960.

The application sought to establish the lawful stationing and occupation of a mobile home for human habitation.  The applicant asserted that the above had been in place in excess of 10 years and therefore would now be lawful.  Due regard was given to the determining issues as detailed in the report of the Director of Planning, Housing and Environmental Health and the views of the public speakers.  Although concern was expressed that the proposal would have a detrimental impact upon the Green Belt it was accepted that whether the application would be inappropriate development was not for consideration in this case and evidence of continuous use needed to be determined.  However, concern was also expressed that there was insufficient evidence of habitation as there were no Council Tax or Business Rate records for the site.

After careful deliberation it was accepted that the caravan had been used for residential purposes from December 2013 to date as the Local Planning Authority had no evidence to contradict the applicant’s version of events and Statutory Declarations supporting this position had been received.    Whilst it was acknowledged that the current owner had not registered for Council Tax, this was a separate function outside of planning matters and would be referred to the appropriate team within the Borough Council to consider further.  Members were reassured that the certificate would only apply to a single static caravan.

In these circumstances, there was no good reason to refuse to grant a certificate and Cllr Palmer proposed, Cllr Boughton seconded and following a formal vote the Committee

RESOLVED: That

(1)            the certificate of lawfulness be APPROVED in accordance with the submitted details set out in the report of the Director of Planning, Housing and Environment Health; and

(2)            the submitted evidence was sufficiently clear and unambiguous to support, on a balance of probabilities, the conclusion that the mobile home at land east of land known as Mumbles Farm had been occupied  for residential purposes for a period in excess of 10 years prior to the submission of the application.

(Speakers: Mr C Baseley, Platt Parish Council; Mr T White, agent)

Outline Application: all matters reserved for: Demolition of existing garage and erection of new detached self build dwelling.

Outline Application: all matters reserved for: Demolition of existing garage and erection of new detached self build dwelling

Due regard was given to the determining issues, conditions, reasons and informatives as detailed in the report of the Director of Planning, Housing and Environmental Health and the views of the public speakers.

Whilst some concern was expressed that the proposed development constituted over development of a constrained residential plot resulting in demonstrable harm to the character, safety, amenity and environmental quality of the area, after careful deliberation it was considered that no unacceptable impacts arising from the proposal had been identified that would significantly and demonstrably outweigh the potential benefits of the scheme. 

However, Members sought reassurance that the materials used would be in keeping with the area and that concerns in respect of overlooking at the rear of the property and turning of vehicles would be addressed at the reserved matters stage of the application.

Cllr Hudson proposed, Cllr Boughton seconded and following a formal vote, the Committee

RESOLVED:  That the outline application be APPROVED 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)            the signing and completion of an Unilateral Undertaking confirming that the development would be self-built and thus exempt from Bio-diversity Net Gain (BNG) requirements;

(2)            the amendment of Condition 2 to remove reference to the proposed site plan, proposed elevations and site layout; and

(3)            the reserved matters application being presented to Members for approval.

(Speakers:  Mr H Joseph, Mrs E Joseph, Mr M Ellis – Members of the public; and Mr J Chapman - applicant)

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 since the last meeting of the Planning Committee was received and noted.

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.