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, Councillor W Palmer declared a potential pre-determination and bias regarding application TM/24/01452/PA (Land known as Mumbles Farm, Crouch Lane, Borough Green).  After hearing the views of the Parish Council, she addressed the Committee before withdrawing from the meeting and took no part in the debate or vote.  In the absence of the Vice-Chair, it was proposed, and seconded, that Councillor S Hudson chair the remainder of the meeting.

To confirm as a correct record the Minutes of the meeting of Area 2 Planning Committee held on 18 September 2024.

RESOLVED:  That the Minutes of the meeting of the Area 2 Planning Committee held on 18 September 2024 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. 

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.

Members noted that the onus rested with the applicant to provide sufficient information to make their case in relation to a Certificate of Lawful Existing Use or Development application.  However, if the Local Planning Authority had no evidence itself, nor any from others, to contradict or otherwise make the applicants version of events less than probable, there was no good reason to refuse to grant a certificate, provided the appellant’s evidence alone was sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability.

Members sought clarity on the definition of a caravan, what constituted continuous use and human habitation.

RESOLVED: That a Certificate for Existing Lawful Development be issued.

[Speakers: Mr Charles Baseley (on behalf of Platt Parish Council) and Mr Tony White (on behalf of the Applicant) addressed the Committee in person].

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.

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.