Agenda and minutes

Announcement on procedural matters.

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

Apologies for absence as reported at the meeting.

There were no apologies for absence.

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

Councillor Hamilton declared that she had fettered her discretion in relation to application 19/00840/FULL Land at 15 Church Road, Paddock Wood. Councillor Hamilton made a speech against the application and subsequently withdrew from the meeting while the application was being discussed.

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.

Councillor Hamilton declared that she had been lobbied by objectors on item 7A on the agenda – 19/00840 15 Church Road, Paddock Wood. (PLA123/19)

Councillor Pound declared he had been lobbied by objectors on item 7D on the agenda – 19/02339/FULL 65 Liptraps Lane, RTW (PLA121/19)

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

Members of the Committee had the opportunity to visit the sites of applications:

·         19/00840/FULL 15 Church Road, Paddock Wood (PLA123/19)

·         19/01618/FULL Land rear of Strawberry Close, RTW (PLA120/19)

·         19/02339/FULL 65 Liptraps Lane, RTW (PLA121/19)

RESOLVED – That the minutes of the meeting dated 11 December 2019 be recorded as a correct record.

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

The Chairman confirmed the order of the business for the evening was:

·         Agenda item 7B – PLA120/19 – Land rear of Strawberry Close, RTW.

·         7D – PLA121/19 – 65 Liptraps Lane, RTW.

·         7C – PLA122/19 – King Charles Cottage, Mill Street, Iden Green, Cranbrook

·         7A – PLA123/19 – 15 Church Road, Paddock Wood

·         7E – PLA124/19 – First Floor of Frant House and Dowding House Coach and Horses Passage, RTW

Planning Report and Presentation – The Head of Planning Services submitted a report in respect of application 19/01618/FULL and this was summarised at the meeting by Mr Hazelgrove, Principal Planning Officer and illustrated by means of a visual presentation.

Updates and additional representation – Since publication of the agenda report, the presenting officer updated as follows:

·         Condition 10 to read: The development shall be carried out in strict accordance with the approved details of biodiversity mitigation within sections 3.3 – 3.15 of the approved ecology report (December 2019).

The approved details of ecological enhancement within the fabric of the building shall be carried out in strict accordance with those details prior to the first occupation of the development hereby approved.

All soft landscape-led ecological enhancements shall be carried out in accordance with details approved pursuant to condition 11 below.

Reason: To provide ecological net gain in accordance with NPPF Para 170 and to protect the existing population of protected species

·         Condition 11 to read: Notwithstanding the submitted drawings and all supporting documentation, prior to the first occupation of any part of the development, full details of hard and soft landscaping and a programme for carrying out the works shall be submitted to the Local Planning Authority for approval. The submitted scheme shall include details of hard landscape works, including hard surfacing materials; and details of soft landscape works, including planting plans, written specifications (including cultivation and other operations associated with the plant and grass establishment) and schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate. The landscaping scheme shall demonstrably follow the recommendations of the submitted Ecology Report (Applied Ecology, December 2019)

The scheme shall include mixed native species along the frontage with Broadwater Down, the choice of which shall avoid the use of tree specimens that will grow in close proximity to the north elevation of the building. The landscaping scheme shall also include a long-term management plan for all new and retained planting on site, with emphasis on managing the height of hedgerow species on the northern and western boundaries to allow them to grow to potential so as to provide an effective screen to the development.

The approved landscaping scheme shall be carried out fully in accordance with the approved programme. Any trees or other plants which, within a period of ten years from the completion of the development on that phase, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority give prior written consent to any variation.

Reason: In order to protect and enhance the amenity of the area.

Registered Speakers – There were 4 speakers who had registered and who spoke in accordance with the Council’s Constitution (Planning Committee procedure rules):

Public objector

·         Mr John Hurst, a neighbour

·         Mr Lawrence Heasman, a neighbour

Public supporters

·         Mr Spencer Copping, on behalf of the applicants

Borough or ward members (not Committee members)  ...  view the full minutes text for item PLA120/19

Planning Report and Presentation – The Head of Planning Services submitted a report in respect of application 19/02339/FULL and this was summarised at the meeting by Miss Oben Senior Planning Officer and illustrated by means of a visual presentation.

Updates and additional representation – Since publication of the agenda report, the presenting officer updated as follows:

·         Additional condition (7): The area shown on drawing 19042-P-01-B  (proposed site location plan and block plan) as vehicle parking space, garages and turning shall be provided, surfaced and drained in accordance with details submitted to and approved in writing by the Local Planning Authority before the use is commenced or the premises occupied, and shall be retained for the use of the occupiers of, and visitors to, the development, and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 or the Town and Country Planning (General Permitted Development)  (Amendment) (No 2) (England) Order 2008 (or any Order revoking and re-enacting that Order), shall be carried out on that area of 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 lead to parking inconvenient to other road users.

Registered Speakers – There were 3 speakers who had registered and who spoke in accordance with the Council’s Constitution (Planning Committee procedure rules):

Public objectors

·         Mr Roger Wells, a neighbour

Public supporters

·         Ms Denise Hamilton, on behalf of the applicants

Borough or ward members (not Committee members)

·         Councillor Frank Williams, Sherwood also objected

Matters of Clarification by Officers and Committee Members’ Questions to Officers – Following comments and questions raised from speakers and Members; officers confirmed the following:

              i.        That conditions 5 and 6 on page 79 and 80 of the agenda report addressed concerns raised by Mr Wells.

             ii.        It was considered that the parking facilities at the property adhere to Kent Highways safety standards.

            iii.        From a planning perspective weight cannot be given to applicants intention for the property.

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

              i.        The importance of the potential developers entering into a discussion with the neighbouring residents to ensure their needs are being met as well as the new tenants.

Decision/voting – On the basis that members were satisfied that all relevant planning considerations had been covered within the report and the debate, A motion was proposed by Councillor Pound, seconded by Councillor Warne and a vote was taken to approve the application in line with the officer recommendation. During the discussion of the application Councillor Podbury left the room for a period of time and therefore abstained from voting.

RESOLVED – That application 19/02339/FULL be granted subject to the plans, conditions and informatives as set out in the agenda report as updated with additional condition 7.

Planning Report and Presentation – The Head of Planning Services submitted a report in respect of application 19/02318/FULL and this was summarised at the meeting by Miss Williams, Planning Officer and illustrated by means of a visual presentation.

Registered Speakers – There were 2 speakers who had registered and who spoke in accordance with the Council’s Constitution (Planning Committee procedure rules):

Public objectors

·         Mrs Sandra Hemsley, a neighbour

·         Ms Nicola Thomas, on behalf of Benenden Parish Council

Matters of Clarification by Officers and Committee Members’ Questions to Officers – Following comments and questions raised from speakers and Members; officers confirmed the following:

              i.        King Charles Cottage is inside the limits to build development therefore the H11 Policy within the Local Plan which refers to scale of development does not apply in this case.

             ii.        The approved dwelling house next door to Kings Charles Cottage is not under consideration in this application.

            iii.        It was observed during the Officer visit to the property that the neighbouring properties King Charles (East) and Heather Bank (North) are set at higher ground levels than Kind Charles Cottage.

           iv.        The Council’s Tree Officer had acknowledged a small level of impact to the hedgerow on the South Eastern boundary of the proposed dwelling however in his opinion this was not great enough to warrant concerns for the overall health of the hedgerow. 

            v.        There would be no changes to the current parking arrangements.

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

      i.        Councillors discussed at length their concerns regarding the development being too close to the hedgerow however it was concluded that the professional opinion of the Council’s Tree Officers advise should be taken into account. 

Decision/voting – On the basis that members were satisfied that all relevant planning considerations had been covered within the report and the debate, A motion was proposed by Councillor Backhouse, seconded by Councillor Poile and a vote was taken to approve the application in line with the officer recommendation.

RESOLVED – That application 19/02318/FULL be granted subject to the plans, conditions and informatives as set out in the agenda report.

Planning Report and Presentation – The Head of Planning Services submitted a report in respect of application 19/00840/FULL and this was summarised at the meeting by Mr Moysey, Principal Planning Officer and illustrated by means of a visual presentation.

Updates and additional representation – Since publication of the agenda report, the presenting officer updated as follows:

·         Condition 2 to read: The development hereby permitted shall be carried out in accordance with the following approved plans:

2932 03G - Proposed Site Layout

2932 04A - Proposed Flat Plans

2932 05B - Proposed Flat Plans

2932 06D - Proposed Flat Elevations

2932 07D - Proposed House Plans and Elevations

2932 08B - Street Elevations

2932 01B - Site Location and Block Plans

Vehicle Tracking

Visibility Plan

Reason: To clarify which plans are approved

·         Condition 8 to read: No works shall take place until a site specific Construction/Demolition Environmental Management Plan has been submitted to and been approved in writing by the local authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan shall include, but not be limited to:

All works and ancillary operations which are audible at the site boundary or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 08:00 hours and 18:00 hours on Mondays to Fridays, 08:30 and 13:00 hours on Saturdays and at no time on Sundays and Bank Holidays. Unless in association with an emergency or with the prior written approval of the District Planning Authority.

o   Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.

o   Mitigation measures as defined in BS 5228, Noise and Vibration Control on Construction and Open Sites shall be used to estimate LAeq levels and minimise noise disturbance from construction works.

o   Measures to minimise the production of dust on the site(s).

o   Measures to minimise the noise (including vibration) generated by the construction process to include the careful selection of plant and machinery and use of noise mitigation barrier(s).

o   Design and provision of site hoardings.

o   Management of traffic visiting the site(s) including temporary parking or holding areas.

o   Provision of off road parking for all site operatives.

o   Measures to prevent the transfer of mud and extraneous material onto the public highway.

o   Measures to manage the production of waste and to maximise the re-use of materials.

o   Measures to minimise the potential for pollution of groundwater and surface water.

o   The location and design of site office(s) and storage compounds.

o   The location of temporary vehicle access points to the site(s) during the construction works.

o   The arrangements for public consultation and liaison during the construction works.

o   Measures for controlling the use of site lighting whether required for safe working or for security purposes.

Reason: In the interests of the amenities  ...  view the full minutes text for item PLA123/19

Planning Report and Presentation – The Head of Planning Services submitted a report in respect of application 19/03059/FULL and this was summarised at the meeting by Miss Oben, Senior Planning Officer and illustrated by means of a visual presentation.

Updates and additional representation – None

Registered Speakers – There were no members of the public who had registered to speak in accordance with the Constitution rules.

Committee Member Discussion – There were no matters of significance raised.

Decision/voting – On the basis that members were satisfied that all relevant planning considerations had been covered within the report, a motion was proposed by Councillor Podbury, seconded by Councillor Bland and a vote was taken to approve the application in line with the officer recommendation.

RESOLVED – That application 19/03059/FULL be granted subject to the conditions as set out in the agenda report.

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

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.

RESOLVED – That there was no urgent business for consideration.

The next Planning Committee meeting to be held on Wednesday 5 February 2020, at 5pm.

RESOLVED – That the next Planning Committee meeting take place on Wednesday 5 February 2020, at 5pm.