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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

AP3 19/32

Declarations of Interest

Minutes:

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

AP3 19/33

Minutes pdf icon PDF 131 KB

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

Minutes:

RESOLVED:  That the Minutes of the meeting of the Area 3 Planning Committee held on 3 October 2019 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)

AP3 19/34

Development Control DOTX 23 KB

Introduction and Glossary

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. 

 

AP3 19/35

TM/19/00979/FL - South Aylesford Retail Park, Quarry Wood Industrial Estate, Aylesford pdf icon PDF 184 KB

Additional documents:

Minutes:

Erection of new retail units, a "pod" building for retail and cafe restaurant purposes with local amenity uses above, a new area of public realm along with access, car parking, servicing facilities, landscaping and associated works at the South Aylesford Retail Park, Quarry Wood Industrial Estate, Aylesford.

 

RESOLVED:  That planning permission be GRANTED in accordance with the submitted details, conditions, reasons and informatives set out the report of the Director of Planning, Housing and Environmental Health, subject to

 

(1)          The applicant providing an undertaking to the Borough Council that the deed of dedication of the land necessary to enable the wider off-site highway works will take place prior to the commencement of the development.

 

(2)          Deletion of Condition 13 and the consequential renumbering of Conditions 14 – 23.

 

(3)          Amend Conditions

 

5. No trading shall take place in Units 10A, 10B and 10C other than between the hours of 08:00-22:00 Monday to Saturday and 08:30-20:00 on Sundays and Bank and Public Holidays.

                       

Reason: To avoid unreasonable disturbance to nearby residential properties.

 

6. Deliveries of goods to Units 10A, 10B and 10C shall be undertaken only between the hours of 0700-1800 Mondays to Saturdays with no deliveries on Sundays unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To avoid unreasonable disturbance to nearby residential properties.

 

7. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, with the exception of up to a total of 1,626sqm sales area within any of the approved retail units marked as Units 10A, 10B and 10C shown on approved drawing 1290-P-111-D dated 25 April 2019, no goods shall be sold without the prior written approval of the Local Planning Authority, other than the following:-   

                       

-           DIY home and garden improvement products, hardware,    

-           Self-assembly and pre-assembled furniture, 

-           Household furnishings and floor coverings,   

-           Electrical goods,         

-           Motor and cycle accessories, motor vehicles and cycles,    

-           Food and drink (for consumption on the premises), and       

-           Toys (including play equipment, baby equipment and products, sports goods and equipment, electronic games and equipment and other ancillary items associated with toys and children's entertainment

At no time shall more than 1% of the sales area be used for the sale of alcohol based gift packs  

                       

Reason: To avoid harm to the viability and vitality of nearby shopping centres and in accordance with paragraph 85 of the National Planning Policy Framework

 

8. Prior to the first occupation of any unit hereby approved the applicant shall submit details to the Local Planning Authority of any ventilation systems required for the removal and treatment of cooking odours, drawing reference to the requirements and recommendations of the DEFRA document 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'.

 

The odour details shall include risk assessments for odour as detailed in Annex C of the DEFRA guidance.

           

Reason: In the interests of the amenities of nearby properties.

 

9. No fixed plant and/or machinery shall come into operation until details of the  ...  view the full minutes text for item AP3 19/35

AP3 19/36

TM/17/01595/OAEA - Land South of London Road and East of Hermitage Lane, Aylesford pdf icon PDF 446 KB

Additional documents:

Minutes:

Outline Application: The erection of up to 840 dwellings (including affordable homes) with public open space, landscaping, sustainable drainage systems, land for a Primary School, a doctors surgery and for junction improvements at Hermitage Lane/A20 junction, and a link road between Poppy Fields roundabout and Hermitage Lane. Vehicular accesses into the site from Poppy Fields Roundabout and Hermitage Lane. All matters reserved with the exception of means of access at land south off London Road and East of Hermitage Lane, Aylesford.

 

RESOLVED:  That outline 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 applicant entering into a planning obligation with the Borough Council to provide on-site affordable housing and financial contributions towards public open space provision and enhancement and health provision;

 

(2)       The applicant entering into a planning obligation with Kent County Council to make a financial contribution towards off-site highway junction improvements, public transport, the provision of education facilities and community services;

 

It is expected that the section 106 agreement should be agreed in principle within 3 months and the legalities completed within 6 months of the committee resolution unless there are good reasons for the delay. Should the agreement under Section 106 of the Act not be completed and signed by all relevant parties by 21 May 2020, a report back to the Area 3 Planning Committee will be made either updating on progress and making a further recommendation or in the alternative the application may be refused under powers delegated to the Director of Planning, Housing and Environmental Health who will determine the specific reasons for refusal in consultation with the Chairman and Ward Members.

 

(3)        Amend Conditions:

 

2. Application for approval of the reserved matters in respect of Phase 1 of the development shall be made to the Local Planning Authority before the expiration of two years from the date of this permission.  Applications for the approval of reserved matters in respect of all other phases shall be made to the Local Planning Authority before the expiration of four years from the date of this permission.       

Reason:  In pursuance of Section 92(2) of the Town and Country Planning Act 1990.

 

3.The development hereby permitted in any phase shall be begun either before the expiration of three years from the date of this permission, or before the expiration of one year from the date of approval of the reserved matters for that particular phase, whichever is the later.         

           

Reason:  In pursuance of Section 92(2) of the Town and Country Planning Act 1990.

 

4. Applications for the approval of the reserved matters shall be in general conformity with the design principles described in the Design and Access Statement and the following plans:

 

           

-        Development Framework - Drawing no. 7429-L-03 N

-        Proposed Site Access Arrangements – Drawing nos.4964-00-16 A and   4964-00-19B

      

Reason:  To ensure that the parameters of the development proposed are followed.

 

5.  ...  view the full minutes text for item AP3 19/36

AP3 19/37

(A) TM/18/03008/0A and (B) TM/18/03042/LB - Development Site East of Clare Park Estate, New Road, East Malling pdf icon PDF 320 KB

Additional documents:

Minutes:

(A)   Outline Application: Development of the site to provide up to 110 dwellings (Use Class C3) and the site access arrangement. All other matters reserved for future consideration.

 

RESOLVED:   That outline 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 applicant entering into a planning obligation with the Borough Council to provide on-site affordable housing and financial contributions towards public open space provision (parks and gardens and outdoor sports facilities) and enhancement and health provision;

 

(2)          The applicant entering into a planning obligation with Kent County Council to make a financial contribution towards off-site highways junction improvements, public transport, the provision of education facilities and community services;

 

(3)          The applicant entering into a planning obligation with the Borough Council and Kent County Council to deliver designed highway improvements at the A20/New Road junction.

 

It is expected that the section 106 agreement should be agreed in principle within 3 months and the legalities completed within 6 months of the committee resolution unless there are good reasons for the delay. Should the agreement under Section 106 of the Act not be completed and signed by all relevant parties by 21 May 2020, a report back to the Area 3 Planning Committee will be made either updating on progress and making a further recommendation or in the alternative the application may be refused under powers delegated to the Director of Planning, Housing and Environmental Health who will determine the specific reasons for refusal in consultation with the Chairman and Ward Members.

 

(4)          Amend Conditions:

 

2. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of two years from the date of this permission.

 

Reason: In pursuance of Section 92(2) of the Town and Country Planning Act 1990.

 

4. Omit reference to drawing number EMT – C – 02 Rev. C which is indicative only.

 

6. The details submitted in pursuance of Condition 1 shall be accompanied by a scheme of landscaping and boundary treatment.  The scheme shall be in general conformity to the indicative layout referenced EMT - C - 09 Rev C received 2 September 2019 and follow the recommendations set out in the Arboricultural Report received 19 December 2018.  The scheme shall ensure the retention of all existing mature boundary trees.  The scheme shall be approved in writing by the Local Planning Authority and shall be implemented by the approved date or such other date as may be agreed in writing by the Authority.  Any trees or plants which within 10 years of planting are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

 

Reason: In order to protect and enhance the appearance and character of the site and locality.

 

(5)          Additional Conditions:

 

23. The partial demolition and rebuilding of the curtilage boundary wall hereby  ...  view the full minutes text for item AP3 19/37

PART 2 - PRIVATE

AP3 19/38

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:

There were no items considered in private.