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Agenda and minutes

Venue: Civic Suite, Gibson Building, Kings Hill, West Malling

Contact: Committee Services  Email: committee.services@tmbc.gov.uk

Items
No. Item

PART 1 - PUBLIC

AP2 18/41

Declarations of Interest

Minutes:

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

AP2 18/42

Minutes pdf icon PDF 124 KB

To confirm as a correct record the Minutes of the meeting of Area 2 Planning Committee held on 26 September 2018

Minutes:

RESOLVED:  That the Minutes of the meeting of the Area 2 Planning Committee held on 26 September 2018 be approved as a correct record and signed by the Chairman.

Decisions taken under Delegated Powers in accordance with Part 3 of the Constitution (Responsibility for Council Functions)

AP2 18/43

Development Control DOTX 23 KB

Introduction and Glossary

Supplementary reports of Director of Planning, Housing and Environmental Health (tabled at the meeting)

Additional documents:

Minutes:

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. 

 

AP2 18/44

(A) TM/17/03471FL & (B) TM/17/03472/LB - Great Budds House, Mote Road, Shipbourne pdf icon PDF 92 KB

Additional documents:

Minutes:

(A) Sub-division of existing site containing one Grade II-listed dwelling, one Grade II-listed barn and one oast house into three self-contained plots with Grade II- listed barn and oast house converted into dwelling and

(B) Listed Building Application: Sub-division of existing site containing one Grade II-listed dwelling, one Grade II-listed barn and one oast house into three self-contained plots with Grade II- listed barn and oast house converted into dwellings at Great Budds House, Mote Road, Shipbourne.

 

RESOLVED:  That

 

(1)          In respect of Application (A) TM/17/03471/FL planning permission be GRANTED in accordance with the submitted details, conditions, reasons and informatives set out in the report and supplementary report of the Director of Planning, Housing and Environmental Health, subject to

 

(i)        The amendment of the plans cited as follows

·      Site Plan 003 P1 replaced by 003 P2;

·      Part Site Plan 004 to be referenced.

 

(ii)       The amendment of Condition 2 to read:

 

2. The residential use of the barn or Oast shall not be commenced before a scheme of hard and soft landscaping and boundary treatment has been submitted to and approved by the Local Planning Authority.  The scheme shall include a plan which denotes the extent (length and width) of the public right of way across the application site, any measures proposed to differentiate this from the remainder of the site whilst ensuring it remains available for use at all times.  All planting, seeding and turfing comprised in the approved scheme of landscaping shall be implemented during the first planting season following occupation of the buildings or the completion of the development, whichever is the earlier.  Any trees or shrubs removed, dying, being seriously damaged or diseased within 10 years of planting shall be replaced in the next planting season with trees or shrubs of similar size and species, unless the Authority gives written consent to any variation.  Any boundary fences or walls or similar structures as may be approved shall be erected before first occupation of the building to which they relate.

Reason:  In the interests of visual and rural amenity.

 

(iii)      The addition of the following Conditions:

 

6.  No external lighting shall be installed on the dwellings hereby approved or within the associated residential curtilages or parking areas as laid out on drawing number 003 P2 received on 7.11.2018

Reason:  In the interests of rural amenity.

 

7.  The residential use of the barn or Oast shall not be commenced until the area shown on drawing number 004 P1 received on 7.11.2018 as vehicle parking space has been provided, surfaced and drained.  Thereafter it shall be kept available for such use and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order) shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Reason:  Development without provision of adequate accommodation for the parking of vehicles is likely to  ...  view the full minutes text for item AP2 18/44

AP2 18/45

TM/18/01755/FL - 61 Offham Road, West Malling pdf icon PDF 128 KB

Additional documents:

Minutes:

Erection of a detached 2 storey dwelling to the rear of 61 Offham Road, West Malling

 

RESOLVED:  That the application be DEFERRED for a Members’ site inspection.

 

[Speakers:  Mrs J Beale, Mrs G Fox and Mr C Smith – members of the public; and Ms K Kenny on behalf of the Applicant] 

AP2 18/46

(A) TM/17/02705/FL & (B) TM/18/01172/LB - Butchers Cottage, Stumble Hill, Shipbourne pdf icon PDF 187 KB

Additional documents:

Minutes:

(A)  Demolition of existing low brick side boundary wall and provision of a new hard surfaced parking area in front garden with new picket fencing.  Existing parking area to be returned to domestic garden and front boundary picket fence to be reinstated

(B)  Listed Building Application: Demolition of existing low brick side boundary wall and provision of new picket fencing to facilitate new parking area in front garden at Butchers Cottage, Stumble Hill, Shipbourne

 

RESOLVED:  That

 

(1)          In respect of Application (A) TM/17/002705/FL planning permission be GRANTED in accordance with the submitted details, conditions, reasons and informatives set out in the report and supplementary report of the Director of Planning, Housing and Environmental Health; and

 

(2)          In respect of Application (B) TM/18/01172/LB Listed Building consent be GRANTED in accordance with the submitted details, conditions, reasons and informatives set out in the report and supplementary report of the Director of Planning, Housing and Environmental Health. 

 

[Speaker:  Councillor N Tyler, Shipbourne Parish Council]

 

AP2 18/47

TM/18/01840/FL - School Lane Cottage, School Lane, Shipbourne pdf icon PDF 163 KB

Additional documents:

Minutes:

Conversion of existing outbuilding containing garage/residential accommodation to a 3 bedroom dwelling with single storey rear and side extension and roof enlargement (Amendment to 17/01741/FL) at School Lane Cottage, School Lane, Shipbourne.

 

RESOLVED:  That the application be REFUSED for the reasons set out in the report of the Director of Planning, Housing and Environmental Health.

 

[Speakers:  Councillor N Tyler, Shipbourne Parish Council and Mr T Mills, Applicant]

AP2 18/48

TM/18/00357/OA - The Nursery, Taylors Lane, Trottiscliffe pdf icon PDF 165 KB

Additional documents:

Minutes:

Outline Application: Erection of a detached dwelling for an agricultural worker relating to the nursery business to replace the mobile home, with landscaping reserved at The Nursery, Taylors Lane, Trottiscliffe.

 

Further to Minute AP2 18/39 of the meeting held on 26 September 2018 the Committee considered the above application together with the report of the Director of Central Services set out in Part 2 of the agenda (Minute AP2 18/50 refers).  The recommendation set out in the report of the Director of Planning, Housing and Environmental Health to approve the planning application was rejected and it was

 

RESOLVED:  That the application stand ADJOURNED for determination by the full Council in accordance with Rule 15.25 of the Council and Committee Procedure Rules.

Matters for consideration in Private

AP2 18/49

Exclusion of Press and Public pdf icon PDF 4 KB

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.

Minutes:

The Chairman moved, it was seconded and

 

RESOLVED:  That as public discussion would disclose exempt information, the following matters be considered in private.

AP2 18/50

TM/18/00357/OA - The Nursery, Taylors Lane, Trottiscliffe

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

Minutes:

(Reasons: 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 2 Planning Committee held on 26 September 2018 consideration of the application was deferred for a report from Legal Services on the risks arising from refusal on the grounds of viability and harm to the Green Belt (Minute AP2 18/39 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 to the Council and the matter would stand adjourned.  The report further advised that similar consideration would apply in the event of non-determination.

 

RESOLVED:  That the report be NOTED.