There were no declarations of interest made in accordance with the Code of Conduct.  For reasons of transparency and with regard to application TM/17/01793/FL Councillors W Palmer and M Taylor advised that they were members of the TMBC District branch of the Council for the Protection of Rural England which had raised objections to the application.

To confirm as a correct record the Minutes of the meeting of Area 2 Planning Committee held on 3 July 2019

RESOLVED:  That the Minutes of the meeting of the Area 2 Planning Committee held on 3 July 2019 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. 

Demolition of the residential bungalow and the erection of 5x B1/B8 units and a 2 storey office building with new estate road and associated parking at Rosador, London Road, Wrotham.

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

1. The site lies within the Metropolitan Green Belt where there is a strong presumption against permitting inappropriate development, as defined by the National Planning Policy Framework 2019.  The proposed development would result in a significant increase in floorspace, height and bulk when compared to that of the existing building, amounting to inappropriate development and also having a greater impact on the openness of the Green Belt. The Local Planning Authority does not consider that there are any very special circumstances in this case that would clearly outweigh the harms identified and the proposal is therefore contrary to the requirements of paragraphs 143, 144 and 145 of the National Planning Policy Framework 2019 and policy CP3 of the Tonbridge and Malling Borough Core Strategy 2007. 

[Speakers: Wrotham Parish Council (Mr H Rayner), Mr P Gillin (CPRE TMBC District) and Mr P Nicholls – Agent to the applicant] 

Demolition of existing single family dwelling and construction of new building with 4 apartments (3 No 1 bed/2 person and 1 No 2 bed/4 person) together with associated amenity areas, parking, refuse and cycle stores at 41 Western Road, Borough Green.

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)    the amendment of Condition 4 to read:-

4. Prior to the commencement of the development hereby approved, arrangements for the management of all demolition and construction works shall be submitted to and approved by the Local Planning Authority.  The management arrangements to be submitted shall include (but not necessarily be limited to) the following:

·         The days of the week and hours of the day when the demolition and construction works will be limited to and measures to ensure these are adhered to;

·         Procedures for managing all traffic movements associated with the demolition and construction works including (but not limited to) the delivery of building materials to the site (including the times of the day when those deliveries will be permitted to take place and how/where materials will be offloaded into the site) and for the management of all other construction related traffic and measures to ensure these are adhered to; and

·         The specific arrangements for the parking of contractor’s vehicles within or around the site during construction and any external storage of materials or plant throughout the construction phase.

The development shall be undertaken in full compliance with the approved details.

Reason: In the interests of residential amenity and highway safety in accordance with policy CP24 of the Tonbridge and Malling Borough Core Strategy 2007.

(2)  the addition of Condition 7:

7. No development, other than demolition of the existing house, shall take place until details of the finished floor level of the approved building in relation to the existing ground levels have been submitted to and approved by the Local Planning Authority, and the work shall be carried out in strict accordance with those details.

Reason:  To ensure that the development does not harm the visual amenity of the locality. 

(3)    the addition of Informatives

2. The applicant is advised that the use of bonfires during the demolition and construction phase of development could lead to justifiable complaints from local residents.  Furthermore, the disposal of demolition waste by incineration is contrary to Waste Management Legislation.  As such, bonfires should not be had at the site during demolition or construction.

3. The applicant is asked that in preparing the demolition and construction management plan pursuant to Condition 4, due regard and sensitivity is given to the use of the adjacent site as a Funeral Directors and that all reasonable steps are taken to ensure that disturbance does not arise.

[Speakers: Borough Green Parish Council (Mr S Perry) and Mr M Betts – Agent]

Section 73 application for the variation of conditions 1 (time limited and personal condition), 2 (restore site when temporary consent expires) and 4 (number of caravans) pursuant to planning permission TM/11/01444/FL (Variation of conditions 1 and 2 of TM/07/01238/FL: Change of use for stationing of two caravans for residential use, fencing and sheds for occupation by a single gypsy family) at Woodford, Old Lane, Ightham.

Further to Minute AP2 19/32 of the meeting held on 3 July 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 19/42 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.

[Speakers:  Ightham Parish Council (P Cracknell); J Miles, S Russell and L Sinclair – members of the public and Mr B Moore on behalf of the applicant]

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.

The Chairman moved, it was seconded and

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

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

(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 3 July 2019 consideration of the application was deferred for a report from Legal Services on the risks arising from refusal of the planning application (Minute AP2 19/32 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.