Agenda and draft minutes

Planning Committee - Wednesday, 12th May, 2021 10.30 am

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Venue: Council Chamber, Town Hall, Royal Tunbridge Wells, TN1 1RS. View directions

Contact: Caroline Britt  Democratic Services Officer

Media

Items
No. Item

PLA163/20

Chairman's Introduction pdf icon PDF 89 KB

Announcement on procedural matters.

Additional documents:

Minutes:

The Chairman opened the meeting, introduced Committee members and officers in attendance, and outlined procedural matters of the meeting.

PLA164/20

Apologies pdf icon PDF 28 KB

Apologies for absence as reported at the meeting.

 

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Minutes:

There were no apologies for absence.

 

PLA165/20

Declarations of Interest pdf icon PDF 65 KB

To receive any declarations of interest by Members in items on the agenda.

 

Additional documents:

Minutes:

No declarations of interest were made.

PLA166/20

Declarations of Lobbying (in accordance with the Protocol for Members taking part in the Planning Process, Part 5, Section 5.11, Paragraph 6.6) pdf icon PDF 28 KB

If a Member has been lobbied in connection with any application on the agenda, this should be declared at the start of the meeting, whether by, or in support of, the applicant or objectors.

 

Members in doubt about such a declaration are advised to contact the Legal Services Manager/Monitoring Officer before the date of the meeting.

 

Additional documents:

Minutes:

Cllrs Atwood, Backhouse, Funnell, Hall, Hamilton, Poile, Pound, Warne and Bland advised that they had been lobbied by objectors on application 20/02788/FULL, Land East of Highgate Hill, South of Copthall Avenue, Hawkhurst, Kent. 

 

Cllrs Atwood, Funnell, Hall, Hamilton, Poile, Pound, Warne and Bland advised that they had been lobbied by supporters on application 20/02788/FULL, Land East of Highgate Hill, South of Copthall Avenue, Hawkhurst, Kent.

 

Cllr Warne advised that she had been lobbied by supporters on application 21/00602/FULL, Land adjacent to Frisco Cottage, Hawkhurst Road, Cranbrook, Kent.

 

PLA167/20

Notification of Persons Wishing to Speak pdf icon PDF 30 KB

To note any visiting Members or members of the public wishing to speak, of which due notice has been given, and which item(s) they wish to speak on.

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Minutes:

Details of Members and members of the public who have registered to speak will be given under the respective planning applications.

PLA168/20

Site Inspections pdf icon PDF 28 KB

To note the application sites visited, as recorded at the meeting.

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Minutes:

Due to the current restrictions Members had not undertaken any site visits.

PLA169/20

To Approve the minutes of the meeting dated 24 March 2021 pdf icon PDF 189 KB

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Minutes:

Members reviewed the minutes.  No amendments were proposed.

 

RESOLVED – The minutes of the meeting dated 24 March 2021 be recorded as a correct record. 

PLA170/20

To approve the minutes of the meeting dated 14 April 2021 pdf icon PDF 233 KB

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Minutes:

Members reviewed the minutes.  No amendments were proposed.

 

RESOLVED – The minutes of the meeting dated 14 April 2021 be recorded as a correct record. 

 

PLA171/20

Reports of Head of Planning Services (attached)

The running order of the applications listed below is subject to change and will be agreed by the Chairman and announced at the meeting.

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PLA172/20

Application for Consideration - 20/02788/FULL - Land East of Highgate Hill, South of Copthall Avenue, Hawkhurst, Kent pdf icon PDF 680 KB

Additional documents:

Minutes:

Planning Report and Presentation – The Head of Planning Services submitted a report in respect of application 20/02788/FULL – Land East of Highgate Hill, South of Copthall Avenue, Hawkhurst, Kent and this was summarised at the meeting by Kevin Hope, Principal Planning Officer and illustrated by means of a visual presentation.

 

Updates and additional representation –

 

-       An additional representation had been received from Hawkhurst Parish Council regarding the impact of the proposal and included loss of some street trees on Highgate Hill to facilitate layby parking.  This had been considered along with the other matters and determined that it would not warrant harm that would hold significant weight to the balance of the issues.

-       Condition 4 – A slight change to works to the highway to create the access  the development and associated works to Highgate Hill.

-       Condition 12 – Change to the details of EV charging of 7.4kw for each dwelling with on-plot parking with rapid charge (22kw) charging points elsewhere within the development.

-       Condition 17 – to add to point g) to include retaining features and to add a new point for details of adult gym equipment within the site.

-       A new Condition to secure an Archaeological investigation.

-       A new Condition to secure a Travel Plan.

-       Correspondence had been received from The Ministry of Housing, Communities and Local Government  (MHCLG) Casework Unit stating that the Secretary of State had received a request to call the application in.  This was not a call-in at this stage and did not affect Members consideration or resolution of the application.  The Casework Unit had been informed that the application was being considered and if approved, the final decision would be subject to agreement from MHCLG.

 

Registered Speakers – There were 9 speakers that registered in accordance with the Council’s Constitution (Planning Committee Procedure Rules).

 

Public Objectors:

-       Mr John Hunt – Member of the Public

-       Mr Peter Hay – Member of the Public

-       Mr Keith Lagden – Member of the Public

-       Mr Paul Whittle – Member of the Public

-       Ms Claire Escombe – Representing Hawkhurst Parish Council

-       Cllr Patrick Thomson

-       Cllr Sean Holden

-       Cllr Beverley Palmer

 

Public Supporters:

-       Ms Rachel Allwood – Agent, representing Dandara.

 

Matters of Clarification by Officers and Committee Members’ Questions to Officers – Members raised a number of questions and officers confirmed the following:

 

-       Paragraph 10.92 onwards dealt with Highways matters. 

-       It was acknowledged that there was a congestion n issue with the crossroads in Hawkhurst.  As part of the assessment of the report, the material considerations of the scheme were considered, both the adverse effects and the benefits.  These were then weighed up before a recommendation was finalised. 

-       For 71 dwellings it was demonstrated that this would generate 33 additional a.m. trips and 32 p.m. trips.  This was not considered to be a significant increase  in terms of congestion at the crossroads. 

-       The statement received from Kent CC  ...  view the full minutes text for item PLA172/20

PLA173/20

Application for Consideration - 21/00602/FULL - Land Adjacent to Frisco Cottage, Hawkhurst Road, Cranbrook, Kent pdf icon PDF 353 KB

Additional documents:

Minutes:

Planning Report and Presentation – The Head of Planning Services submitted a report in respect of application 21/00602/FULL, Land Adjacent to Frisco Cottage, Hawkhurst road, Cranbrook, Kent and this was summarised at the meeting by Richard Hazelgrove, Principal Planning Officer and illustrated by means of a visual presentation.

 

Updates and additional representation – One further consultee reply had been received from the Kent CC’s Public Rights of Way Officer who raised no objections to the development.  They commented that the track was already used to access a number of properties.  It was important to note that the County Council was not responsible for maintaining Bishops Lane to a standard suitable for vehicular access.  In addition, any damage as a result of private vehicular access (which included access for waste collection, postal or any other type of delivery) would be for either the landowner or frontagers to repair.

 

Registered Speakers – There were 2 speakers that registered in accordance with the Council’s Constitution (Planning Committee Procedure Rules)

 

Supporters:

-       Mr David Bedford – Agent.

-       Ms Trisha Preston – Member of the Public.

 

Matters of Clarification by Officers and Committee Members’ Questions to Officers – Members raised a number of questions and officers confirmed the following:

 

-       Any person using the path at the south east corner would step straight into the private road.

-       Responsibility for the path would be the person responsible for the communal areas that fell outside the residential curtilage. 

-       There was little in the way of Conditions in terms of materials and ecology attached the to the application, but this was because the application was recommended for refusal.  If the Committee decided to grant permission, then these issues would be addressed.

 

Committee Debate and Officer Responses – Members of the Committee took account of the presentations made and raised a number of questions and issues within their discussions. These included:

 

-       A proposal was received to accept the officers recommendation to refuse the application.

-       A proposal was received to refuse the officers recommendation and approve the application.

-       It was suggested there was a misreading of the SPD on farmsteads.  The two houses were described as being like farm buildings due to being completely black weatherboarded.  Barns were black weatherboarded, but farm houses never were.  It was therefore pastiche - taking from another type of building, pretending it was like a barn,  when it was not a barn it was a house.

-       The site was on an elevated position which made for greater visibility.

-       In addition, it was not in a sustainable area.  Residents would not walk or cycle into Cranbrook.

-       It would be inconsistent to refuse this application when a similar application, approved less than a month ago was approved.  There were similar issues raised related to sustainability, the AONB and harm to nearby listed buildings.

-       It was a small development of 2 buildings that were appropriate to the area and as sustainable as others that have recently approved.  ...  view the full minutes text for item PLA173/20

PLA174/20

Application for Consideration - 20/02338/OUT - Land Rear of 1-4 Barnetts Way, Southborough, Kent pdf icon PDF 314 KB

Additional documents:

Minutes:

Planning Report and Presentation – The Head of Planning Services submitted a report in respect of application 20/02338/OUT, Land Rear of 1-4 Barnetts Way, Southborough, Kent and this was summarised at the meeting by Richard Hazelgrove, Principal Planning Officer and illustrated by means of a visual presentation.

 

Updates and additional representation – None.

 

Registered Speakers – There were no speakers that registered in accordance with the Council’s Constitution (Planning Committee Procedure Rules)

 

Matters of Clarification by Officers and Committee Members’ Questions to Officers – Members raised a number of questions and officers confirmed the following:

 

-       The current Condition relating to biodiversity was quite broad and would be able to capture most issues, including hedgerows and nesting.  But it could be amended to specifically mention nesting birds. 

-       The Environmental Protection Team had been consulted on the application including the proximity of the industrial estate and there had been no objection on noise grounds. 

-       If the applicant wanted to undertake work on land that wasn’t theirs, they would have to seek the permission of the landowner.

-       Was it correct to assume that where the right of way crossed over the drive,  as TWBC were the landowners, would they be responsible for safety at the crossing.  Would they also be required to provide a dropped kerb?

-       Officers stated that the right of way had been in existence for many years, it was not a new access that would introduce vehicle movements.  If the applicant wanted access to the land owned by TWBC they would have to apply for consent to TWBC as landowner.

-       It was understood that a covenant restricted the ability to build houses on the land.  Paragraph 10.04 of the Report made clear that if the applicant did not have the right under Civil Law to build on the land it would need to be resolved separately.

-       An informative could be included that if permission was granted the applicant would then speak to TWBC as the landowner in respect of appropriate signage.  Any works to the Public Right of Way would also need express consent of the Highways Authority.

-       Priority on the access road was not a planning consideration but would need to be considered by TWBC as landowners and Kent CC Highways Authority.

-       To note Kent CC did not consider this to be an existing access.  TWBC considered that it was an existing access and an existing use for the site.

-       Condition 4A required full details of final surfacing of the access route from the public highway.  The Condition could be slightly reworded to make explicit reference to the demarcation of the public right of way and the access route e.g. use of different surfacing materials.

-       Members had sufficient information to decide it was an existing access or a new access.

-       Officers did not know who was the beneficiary of the Covenant as it was not material to the application.

-       The use of alternative surfacing material was  ...  view the full minutes text for item PLA174/20

PLA175/20

Appeal Decisions for Noting 07/04/2021 to 30/04/2021 pdf icon PDF 59 KB

Additional documents:

Minutes:

RESOLVED – That the list of appeal decisions provided for information, be noted.

 

PLA176/20

Urgent Business pdf icon PDF 28 KB

To consider any other items which the Chairman decides are urgent, for the reasons to be stated, in accordance with Section 100B(4) of the Local Government Act 1972.

 

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Minutes:

There was no urgent business for consideration.

PLA177/20

Date of Next Meeting pdf icon PDF 28 KB

The next Planning Committee meeting is scheduled for Wednesday 2 June 2021.

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Minutes:

The next Planning Committee meeting was scheduled for Wednesday 2 June 2021.