P
Planning Committee
Minutes of a Meeting of the Planning Committee held in the Council Chamber, Civic Centre, Tannery Lane, Ashford on the 9th March 2011
Present:
Cllr. Mrs Marriott (Chairman);
Cllr. Wedgbury (Vice-Chairman);
Cllrs. Mrs Bell, Mrs Blanford, Burgess, Clokie (ex officio), Cowley, Davison, French, Mrs Heyes, Mrs Hicks, Mrs Hutchinson, Packham, Smith.
In accordance with Procedure Rule 1.2 (iii) Councillors Mrs Bell, Clokie and Cowley attended as Substitute Members for Councillors Mrs Martin, Honey and Norris respectively.
Apologies:
Cllrs. Goddard, Mrs Martin, Norris.
Also Present:
Cllrs. Bell, Claughton, Clarkson, Holland, Taylor, Wallace, Wood.
Development Control Manager, Senior Planning Officer, Local Transport and Development Planner (Kent Highway Services), Environmental Health Manager (Environmental Protection), Senior Solicitor (Strategic Development), Member Services and Scrutiny Support Officer.
413 Declarations of Interest
Councillor/ Interest Minute No. Officer Burgess Code of Conduct – Personal but not 416 - 10/01036/AS Prejudicial – Member of the Weald of 10/01491/AS Kent Protection Society, 10/01306/AS
and,
Code of Conduct – Personal but not Prejudicial – Member of Action for Communities in Rural Kent, who had not commented on any item on the agenda.
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Councillor/ Interest Minute No. Officer Clarkson Code of Conduct – Personal and 415/416 - 10/01601/AS Prejudicial – he lived near to the application site – application was withdrawn.
and,
Code of Conduct – Personal but not 416 - 10/01491/AS Prejudicial – had been the Chairman of the Charing Road Safety and Traffic Management Committee in 2005 when a traffic survey had been undertaken. Clokie Code of Conduct – Personal but not 416 - 10/01036/AS Prejudicial – Member of Tenterden and 10/01732/AS District Residents Association,
and,
Code of Conduct – Personal but not 416 - 10/01036/AS Prejudicial – Member of Weald of Kent 10/01491/AS Protection Society. 10/01306/AS Davison Code of Conduct – Personal but not 416 - 10/01036/AS Prejudicial – owned shares in Tesco Stores Ltd.,
and,
Code of Conduct – Personal but not Prejudicial – Member of Ashford Rural Trust, who had not commented on any item on the agenda.
and,
Code of Conduct – Personal but not 416 - 10/01491/AS Prejudicial – Member of Campaign to 10/01601/AS Protect Rural England. French Code of Conduct – Personal but not 416 – 10/01036/AS Prejudicial – Member of Tenterden Town Council. Mrs Marriott Code of Conduct – Personal but not 416 - 10/01491/AS Prejudicial – Council appointed representative on the Kent Downs (AONB) Joint Advisory Committee and
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Councillor/ Interest Minute No. Officer Executive Committee – had retained an open mind.
Smith Code of Conduct – Personal and 416 - 11/00024/AS Prejudicial – knew the applicant. Left the Council Chamber for the discussion and vote. Wedgbury Code of Conduct – Personal but not 416 - 10/01036/AS Prejudicial – owned shares in Tesco Stores Ltd. Development Local Resident – application was 415/416 - 10/01506/AS Control deferred. Manager
414 Minutes
Resolved:
That the Minutes of the Meeting of this Committee held on the 9th February 2011 be approved and confirmed as a correct record subject to:-
An amendment to Minute 367 Application 10/01036/AS Tesco Stores Ltd., Smallhythe Road, Tenterden to amend condition 44 as follows:
amend the bullet points lettered as (c) and (d) to (a) and (b)
and;
in the third paragraph amend ‘Post Construction State’ to ‘Post Construction Stage’.
415 Requests for Deferral/Withdrawal
Application No.
10/01601/AS – Pett Farm, Pett Lane, Charing
The application had been withdrawn by the applicants.
Application No.
10/01506/AS – Post Office, Ashford Road, St Michaels, Tenterden
The application had been deferred at the applicant’s request.
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416 Schedule of Applications
Resolved:
That following consideration of (a), (b) and (c) below,
(a) Private representations (number of consultation letters sent/number of representations received)
(b) The indication of the Parish Council’s/Town Council’s views
(c) The views of Statutory Consultees and Amenity Societies (abbreviation for consultee/society stated)
Supports ‘S’, objects ‘R’, no objections/no comments ‘X’, still awaited ‘+’, not applicable/none received ‘-’ decisions be made in respect of Planning Applications as follows: -
______
836 P090311 ______
Application Number 10/01036/AS
Location Tesco Stores Ltd., Smallhythe Road, Tenterden
Grid Reference 88310/33013
Town Council Tenterden
Wards Tenterden South and Rolvenden & Tenterden West
Application Extension to existing store including alterations to the Description service areas, additional parking and landscaping
Applicant Tesco Stores Ltd, Tesco House, Delamare Road, Cheshunt, Hertfordshire AL7 1AB
Agent Montagu Evans, Clarges House, 6 - 12 Clarges Street, London W1J 8HB
Site Area 2.38 Hectare
(a) 56/13R (b) S (c) KHS X, TDRA R, WKPS R, T&DCC S, KCC(Heritage) X, SW X, EHM X,
Amends
(a) 56/2R (b) S (c) KHS X, TDRA , WKPS , T&DCC , KCC(Heritage) - , SW X, EHM X
Resolved:
A. The Committee confirm the previous decision to grant application 10/01036/AS in accordance with the details set out in the minutes for the Planning Committee dated 9 February 2011 but deleting the requirement for the provision of a STOP sign to replace the GIVE WAY sign at the junction of the site access with Smallhythe Road.
B. To Impose an additional condition on the grant of planning permission 10/01036/8S as follows:
837 P090311 ______1. Prior to the commencement of the extension hereby approved details shall be submitted to and approved in writing by the Local Planning Authority of the location and wording of an advisory sign on the applicant’s land as close as possible to the exit of the site to Smallhythe Road. This sign shall advise customers to take care when leaving the site at the junction of the access road with Smallhythe Road. The approved sign shall be erected before the works to construct the extension hereby approved commence and shall subsequently be retained and maintained unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of the safety and convenience of users of the store. ______
Application Number 10/01491/AS
Location Land West of Thimble Hall between CTRL and M20, Leacon Lane Charing
Grid Reference 95006/47458
Parish Council Charing
Ward Charing
Application Renewable Energy unit facility which will comprise of plant Description and structures for the storage of material for production of biogas, together with ancillary structures and buildings
Applicant Future Biogas Ltd
Agent Golder Associates, 1 Alie Street London E1 8DE
Site Area 3.9 Hectares
(a) 54/28R (b) R (c) KH X EA X KPROW X SEW adjoining Parish Councils X CPRE X WKPS R RPL X Little Chart R Westwell R
The Development Control Manager drew Members’ attention to the Update Report. There were several points to take note of, including:
838 P090311 ______y A letter had been received from Pluckley Parish Council objecting to the application due to additional traffic that would be generated on local roads, in particular through Pluckley. y A further letter of objection had been received from a local resident stating that the applicant’s traffic information was misleading. y An amendment to Condition 24 was proposed. y Three further conditions were proposed by High Speed 1.
In accordance with Procedure Rule 9.3 Ms Stonehewer, a neighbour, spoke in objection to the application. She advised Members that there were three major concerns regarding the application; environmental impact, landscape and traffic. The site had been restored to agricultural use and at present protected the rural character of the area. Should permission be granted then this would result in a breach in the buffer zone and create an industrial enclave. The small mitigation scheme proposed would be insufficient. Traffic was the greatest concern for many residents. The area that would be affected by the proposal was large and the convergence of heavy agricultural vehicles would significantly increase congestion on the wider road network. The surrounding roads were narrow and there were a number of accident black spots in the area. If a restriction were to be placed on the permission excluding vehicles accessing the site from the east she was unsure how this could be enforced. The impact of the proposal on the community would be considerable and would affect residents in Pluckley, Charing and Little Chart. Older properties in the area were susceptible to damage caused by heavy loads creating ground vibrations. The proposal would result in a loss of amenity and an increase in vehicle movements.
In accordance with Procedure Rule 9.3 Mr Lukas, the applicant, spoke in support of the application. He advised Members that he would highlight the benefits of the scheme. There was an oil crisis in the middle east which was impacting upon fuel costs. Anaerobic digestion was being promoted by government. The proposal would be clean and would be zero carbon. It would also benefit a catchment area of 10 km radius as they would purchase crops from local farmers and suppliers and it would also result in local employment. The site was in a secluded location and once constructed the facility would barely be visible. The site provided good access to the local grid and to Pluckley Road. Kent Highway Services had not raised any objection to the application and it was important to bear in mind that farm traffic existed in the area and the volume of traffic in this respect would not increase. Access to the site from the west was good. He was aware of residents concerns and wanted to work
with them. He assured the Committee that traffic would be instructed to avoid Westwell Leacon.
In accordance with Procedure Rule 9.3 Mr Reed, from Charing Parish Council, spoke in objection to the application. He asked the Committee to refuse the application on highway grounds. Whilst he only spoke on behalf of Charing Parish Council he was sure that he spoke for all of the villages and hamlets that would be affected by the proposal. He wanted to take the Committee on a journey along the roads that would be adversely affected should planning permission be granted. The
839 P090311 ______route would start at the junction of the A20 and Station Road, Charing, which led onto Pluckley Road. This road was the ‘preferred route’ from much of the Weald to Faversham, the M2 and Canterbury mainly because it was the only route available. The Station Road carriageway was at its narrowest at this point and large vehicles that passed here could only do so by mounting the pavement. In 2005 a comprehensive traffic survey was carried out and he assured Members that since 2005 the situation had worsened. There were a number of listed buildings that had and were still suffering from heavy traffic. Crops that left local farms went off in all directions however the vehicles that would end up at the application site would travel using the shortest routes to save on fuel costs. Vehicle movements at the site would amount to 72 per working day. Villages and hamlets such as Smarden, Pluckley, Pluckley Thorne, Charing Heath, Charing, Egerton, Hothfield, Westwell and Westwell Leacon could all be affected by the proposal before Members. Only one person would operate the site and there were concerns that land that currently produced crops for food would be earmarked to supply the site. He felt that Kent Highway Services and Planning Officers had not taken into account the concerns that he had highlighted and urged the Committee to refuse the application on highway grounds.
The Ward Member attended and spoke in objection to the application.
The Leader of the Council attended and commented on the application.
Resolved:
Deferred for Officers to obtain further information as requested by consultees and in particular to obtain further evidence of the proposed traffic generation and the impact of that traffic on the road network of the proposed catchment area of the plant. ______
Application Number 10/01601/AS
Location Pett Farm, Pett Lane, Charing, Ashford, TN27 0DS
Grid Reference 96110/48948
Parish Council Charing
Ward Charing
Application Proposed extension to the existing building structure and Description the installation of a cremation unit for fallen livestock
Applicant Mr B Roberts, Pett Farm, Pett Lane, Charing, Ashford, TN27 0DS
840 P090311 ______
Site Area 0.2 Hectares
(a) 15-/108R, 23S (b) S (c) EH – X, EA – X, HPA – R, SW – R, CPRE – R, KHS – X
Withdrawn by Applicant ______
Application Number 11/00027/AS
Location Land between Brookfield Road and 9 Riverview, Ashford
Grid Reference 99416/42278
Ward Victoria
Application Erection of a terrace of 1 three bedroom and 3 two Description bedroom dwellings
Applicant Ashford Borough Council- Housing Services
Agent Ashford Borough Council- Housing Services
Site Area 0.2 Hectares
(a) 49/1R (b) - (c) KHS X EHM (EP) X
The Development Control Manager drew Members’ attention to the Update Report. An amendment to Condition 7 was proposed.
Resolved:
That for the following reasons the Planning Committee Permit this application:
1. The site is within the limits to built development where there is no objection to the principle of the proposed development.
2. The development would not be harmful to the residential amenities of nearby dwellings.
841 P090311 ______3. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality.
4. The development makes adequate provision for the parking of vehicles within the application site.
Permit
Subject to the following conditions and notes:
1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.
Reason: To comply with the requirements of Section 91 of the Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. Written details and samples of bricks, tiles and cladding materials to be used externally shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced and the development shall be carried out using the approved external materials.
Reason: In the interests of visual amenity.
3. The approved motor vehicle parking facilities as shown on Drawing No. RIVRVW-003B shall be provided before the development to which they relate is brought into use and they shall thereafter be retained available for ancillary parking of motor vehicles and access to the facilities shall not be precluded.
Reason: To ensure the provision and retention of adequate off-street parking facilities for vehicles in the interests of highway safety.
4. Details of wheel washing facilities on the application site shall be submitted to and approved by the Local Planning Authority in writing and shall be provided in accordance with the proposed details prior to works commencing on site and thereafter shall be maintained in an effective working condition.
Reason: To ensure that no mud or other material is taken from the site onto the neighbouring highway by wheels of vehicles leaving the site to the detriment of highway safety.
5. A landscaping scheme for the site (which may include entirely new planting, retention of existing planting or a combination of both) shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. Thereafter, the approved landscaping/tree planting scheme shall be carried out fully within 12 months of the completion of the development. Any trees or other plants which within a period of five
842 P090311 ______
years from the completion of the development 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.
6. Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway details of which shall have been submitted to and approved in writing by the Local Planning Authority and the works shall be carried out in accordance with the approved details.
Reason: In the interests of highway safety
7. The Bathroom window on the north east side elevation shall be fitted with obscured glass (privacy level/grade 3 or higher) and shall be non-opening up to a minimum height of 1.7 m above internal floor level. This specification shall be complied with before the development is occupied and thereafter be retained unless otherwise agreed in writing by the Local Planning Authority.
Reason: To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties.
8. Full details of the sheds shall be submitted to and approved by the Local Planning Authority in writing prior to the commencement of works and the works shall be carried out in accordance with the approved details.
Reason: No such details have been submitted.
Note to Applicant
1. A watching brief in relation to contamination shall be kept and all topsoil imported to the site shall be free from contamination. ______
Application Number 10/01246/AS
Location Land between Cheeselands and Sandeman Way, Biddenden, Kent
Grid Reference 846/386
Parish Council Biddenden
Ward Biddenden
843 P090311 ______
Application Residential development comprising 2 no. two bedroom Description semi-detached houses, 4 no. three bedroom houses, 4 no. four bedroom houses with access road, ancillary parking and private open space.
Applicant Rydon Homes Ltd, Mead House, Cantelupe Road, East Grinstead, West Sussex RH19 3BJ
Agent Mr Peter Smith, Rydon Strategic Ltd, Mead House, Cantelupe Road, East Grinstead, West Sussex RH19 3BJ
Site Area 0.43 Hectare
(a) 41/2R (b) R (c) KHS X, KCC PROW X, KCC (Heritage) +, EHM(EP) X, NE +,
The Senior Planning Officer drew Members’ attention to the Update Report. An additional note was proposed to be added to the end of Table 1 and an additional Condition was proposed.
In accordance with Procedure Rule 9.3 Mr Hough, the agent, spoke in support of the application. He advised Members that the site was allocated within the Tenterden and Rural Sites Development Plan Document (DPD). Any issues surrounding this allocation had been raised and settled during the public examination. The guidance in the DPD was that the indicative capacity of the site was 10 units consisting of a mix of dwelling types. The scheme met all of the criteria contained within the DPD.
The applicant had been disappointed that the application had been deferred from the January meeting of the Committee. There would be no advantage to reducing the number of dwellings on the site and there had been no breach of special criteria. The width of the access road had been reduced. The landowner had confirmed that the access to the agricultural land to the west of the site could only be accessed by this road. The Portfolio Holder was content with the development and he urged the Committee to grant planning permission.
The Ward Member attended and spoke in objection to the application.
Resolved:
(A) That for the following reasons the Planning Committee Permit this application:
1. The development meets the criteria within Policy BID1 of the Tenterden and Rural Sites Development Plan Document.
844 P090311 ______
2. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality.
3. The development would not be significantly harmful to the residential amenity of the nearby dwellings.
4. The development makes adequate provision for parking of motor vehicles within the application site.
5. The planning obligations are necessary to make the development acceptable in planning terms, are directly related to the development and are fairly and reasonably related in scale and kind to the development.
(B) Subject to the applicant first entering into a Section 106 agreement in respect of planning obligations relating to:- 1. Carbon off-setting contribution 2. Library facilities 3. Voluntary sector 4. Primary schools 5. Adult education 6. Healthcare provision 7. Adult social services 8. Youth and community 9. Monitoring fee
as detailed in Table 1, and in terms agreeable to the Head of Legal and Democratic Services, with delegated authority to either the Development Control Manager or Strategic Sites and Design Manager to make or approve minor changes to the planning obligations and planning conditions, as they see fit.
Table 1
Planning Obligation
Detail Amount(s) Trigger Point(s) 1 Carbon Off-Setting Contribution Contribution to the To be calculated using Payable within 15 days of Ashford Carbon Fund the shadow price of the Council’s approval of based on the residual carbon set out in the the post construction carbon emissions of the Sustainable Design and assessment development set out in Construction SPD
845 P090311 ______
Planning Obligation
Detail Amount(s) Trigger Point(s) the approved post construction assessment and quantified over 10 years 2 Voluntary Sector Contribution towards £120 per dwelling Upon occupation of 50% the provision of of the dwellings premises and facilities for use by voluntary organisations and towards community development and voluntary sector activity within the same settlement or in a reasonably accessible alternative location. 3 Primary Schools Contribution towards £2,360.96 per applicable Half the contribution upon the extension of a house occupation of 25% of the primary school within dwellings and balance on 600m walking distance occupation of 50% of the of the site dwellings 4 Adult Education Contribution towards £180 per dwelling Half the contribution upon the construction and/or occupation of 25% of the equipping of adult dwellings and balance on education premises occupation of 50% of the within the same dwellings settlement or in a reasonably accessible alternative location 5 Healthcare Provision Contribution towards £666.50 per dwelling Half the contribution upon the construction and/or occupation of 25% of the equipping of Primary dwellings and balance on Care premises within occupation of 50% of the the same settlement or dwellings in a reasonably accessible alternative location
846 P090311 ______
Planning Obligation
Detail Amount(s) Trigger Point(s) 6 Library Facilities Contribution towards £227 per dwelling Half the contribution upon the construction and/or occupation of 25% of the equipping of library dwellings and balance on premises within the occupation of 50% of the same settlement or in a dwellings reasonably accessible alternative location 7 Adult Social Services Contribution towards £1201 per dwelling Half the contribution upon the construction and/or occupation of 25% of the equipping of adult dwellings and balance on social services occupation of 50% of the premises within the dwellings same settlement or in a reasonably accessible alternative location 8 Youth Services Contribution towards £3187.50 Half the contribution upon the construction and/or occupation of 25% of the equipping of youth dwellings and balance on services premises occupation of 50% of the within the same dwellings settlement or in a reasonably accessible alternative location 9 Monitoring Fee Contribution towards £1000 per annum until Upon commencement of the Council’s costs of development is development monitoring compliance completed – with the agreement or undertaking All contributions to be index linked (normally from the date of the Committee’s resolution) in order to ensure the value is not reduced over time. The costs, expenses and disbursements of the Council’s Legal and Planning Departments incurred in connection with the negotiation, preparation and completion of the deed are also payable. The Kent County Council will also require payment of their legal costs.
847 P090311 ______(C) Permit
Subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. Written details including source/manufacturer, and samples of bricks, tiles and cladding materials to be used externally shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced and the development shall be carried out using the approved external materials.
Reason: In the interests of visual amenity.
3. A landscaping scheme for the site (which may include entirely new planting, retention of existing planting or a combination of both) shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Thereafter, the approved landscaping/tree planting scheme shall be carried out fully within 12 months of the completion of the development. Any trees or other plants which within a period of five years from the completion of the development 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.
4. The approved motor vehicle parking facilities and cycle parking shown on approved Drawing BSW-FA-04 Revision B shall be provided before the development has been brought into use and they shall thereafter be retained available for ancillary parking of motor vehicles and cycles and access to the facilities shall not be precluded.
Reason: To ensure provision and retention of adequate off-street parking facilities for vehicles in the interest of highway safety.
5. Prior to the commencement of any works which may affect great crested newts or their places used for shelter or protection, a detailed mitigation strategy shall be submitted to, and approved in writing by the Local Planning Authority. All works shall then proceed in accordance with the approved mitigation strategy with any amendments agreed in writing.
Reason: In order to protect the well-being of protected species.
848 P090311 ______
6. Prior to the commencement of any works that may affect local reptile populations or their habitat a full reptile survey shall be conducted and submitted to, and approved in writing by the Local Planning Authority. All works shall then proceed in accordance with the approved mitigation strategy with any amendments agreed in writing.
Reason: In order to protect the well-being of protected species.
7. Prior to the commencement of the development hereby approved details of a management plan and monitoring programme, including who will be responsible for the monitoring and maintenance in perpetuity, for all species and habitats affected by the development shall be submitted to and approved by the Local Planning Authority in writing and shall thereafter be implemented in accordance with the approved details.
Reason: In order to ensure that the populations of species affected are conserved.
8. Prior to the commencement of development, details of facilities, by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free of mud and similar substances at the application site, shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall then be provided prior to the works commencing on site and thereafter shall be maintained in an effective working condition and used before vehicles exit the site and enter onto the adopted highway for the duration of the construction works.
Reason: To ensure that no mud or other material is taken from the site onto the neighbouring highway by wheels of vehicles leaving the site to the detriment of highway safety and the amenities of local residents.
9. Prior to the works commencing on site details for parking for site personnel shall be submitted to and approved in writing by the Local Planning Authority and thereafter shall be provided and retained throughout the construction of the development. The approved parking shall be provided prior to commencement of the development.
Reason: To ensure provision of adequate off-street parking for vehicles in the interests of highway safety and to protect the amenity of local residents.
10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or any other Order or any subsequent Order revoking or re-enacting that Order, the car barns shall be provided in accordance with the detailing shown on the approved plans and shall not be further altered through the addition of further doors without the prior permission of the Local Planning Authority in writing.
849 P090311 ______Reason: To ensure the covered space is retained available for the storage of a vehicle when not in use in order to prevent the displacement of car parking and subsequent inappropriate car parking.
11. Prior to the first occupation of a dwelling the following works between that dwelling and the adopted highway shall be completed as follows: a. Footways and/or footpaths shall be completed, with the exception of the wearing course; b. Carriageways completed, with the exception of the wearing course, including the provision of a turning facility beyond the dwelling together with related: i. highway drainage, including off-site works ii. junction visibility splays, iii. street lighting, street nameplates and highway structures if any.
Reason: In the interests of highway safety.
12. The visibility splays identified on the approved drawing BSW-FA-03 Revision B within which there shall be no obstruction in excess of 1.05m in height above the carriageway edge shall be provided at the access before the development commences and the splays shall be so maintained free of obstruction at all times.
Reason: In the interests of highway safety.
13. The development shall be carbon neutral. Each building or house hereby approved shall be constructed to achieve a minimum Code for Sustainable Homes (or subsequent equivalent quality assured scheme) Level 2. Unless otherwise agreed in writing by the Local Planning Authority, no work on each building or house shall commence until the following for that building or house have been submitted to and approved in writing by the Local Planning Authority: a) Details of a Code for Sustainable Homes ‘Design Stage’ assessment and related certification produced by a registered assessor. b) Details of the measures and technologies to be used to achieve the Code for Sustainable Homes Level specified above. c) An energy assessment produced by a registered assessor containing the information set out in section 12 and appendix 3 of the Ashford Borough Council Sustainable Design and Construction SPD (July 2009) and in particular the predicted total annual energy demand and carbon dioxide emissions (from both regulated and unregulated sources).
850 P090311 ______
d) Details of the on-site sustainable energy technologies (such as renewables and/or low carbon technologies) to be used in order to reduce the carbon dioxide emissions to a level at least 10 % below the amount of carbon dioxide emissions predicted in the approved energy assessment The development shall be carried out in accordance with the approved details. The following shall thereafter be retained in working order unless otherwise agreed in writing by the Local Planning Authority: a) The approved measures and technologies for achieving the Code for Sustainable Homes Level 2 specified above b) The approved on-site sustainable energy technologies for reducing carbon dioxide emissions No building or house shall be occupied until a Code for Sustainable Homes ‘Post Construction Stage’ assessment and related certification produced by a registered assessor confirming the Code level that has been achieved and stating the amount of residual carbon dioxide emissions has been submitted to and approved in writing by the Local Planning Authority for that building or house.
Reason: In order to (i) achieve zero carbon growth and ensure the construction of sustainable buildings and a reduction in the consumption of natural resources, (ii) seek to achieve a carbon neutral development through sustainable design features and on-site sustainable energy technologies and (iii) confirm the sustainability of the development and a reduction in the consumption of natural resources and to calculate any amount payable into the Ashford Carbon Fund, thereby making the development carbon neutral, all pursuant to Core Strategy policy CS10, the Sustainable Design and Construction SPD and advice in PPS1 and the Supplement to PPS1
14. If unexpected contamination is found at any time when carrying out the approved development, it must be reported in writing to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared and submitted for approval by the LPA. Following completion of the remediation scheme a verification report that demonstrates the effectiveness of the remediation carried out must be prepared and submitted for approval by the LPA.
Reason: To ensure that risks from land contamination to the future users of land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off site receptors.
851 P090311 ______15. None of the dwellings shall be occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with details to be submitted to and approved in writing by the Local Planning Authority.
Reason: To avoid pollution of the surrounding area.
16. No development shall commence until plans and particulars of a sustainable drainage system (including the details below) for the disposal of the site’s surface water have been submitted to and approved in writing by the Local Planning Authority. The submitted system shall comprise retention or storage of the surface water on-site or within the immediate area in a way which is appropriate to the site’s location, topography, hydrogeology and hydrology. The submitted system shall be designed to (i) avoid any increase in flood risk, (ii) avoid any adverse impact on water quality, (iii) achieve a reduction in the run-off rate to 4l/s/ha, (iv) promote biodiversity, (v) enhance the landscape, (vi) improve public amenities, (vii) return the water to the natural drainage system as near to the source as possible, and (viii) operate both during construction of the development and post- completion. The submitted details shall include identification of the proposed discharge points from the system, a timetable for provision of the system and arrangements for future maintenance (in particular the type and frequency of maintenance and responsibility for maintenance). The approved system shall be provided in accordance with the approved timetable. The approved system shall be maintained in accordance with the approved details and shall be retained in working order until such time as the development ceases to be in use.
Reason: In order to reduce the impact of the development on flooding, manage run-off flow rates, protect water quality and improve biodiversity and the appearance of the development pursuant to Core Strategy Policy CS20.
17. No construction activities shall take place, other than between 0730 to 1800 hours (Monday to Friday) and 0730 to 1300 hours (Saturday) with no working activities on Sunday or any Public or Bank Holiday.
Reason: To protect the amenity of local residents in accordance with Policy CS1 of the Local Development Framework Core Strategy.
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18. The following details shall be submitted to and approved in writing by the Local Planning Authority prior to their usage in any building and the works shall thereafter be carried out in accordance with the approved details and thereafter maintained, as approved, unless otherwise approved in writing by the Local Planning Authority: a) The location and colour of rain water and soil pipes; b) The location, size and colour of external vents, grilles and flues in walls or the roof; c) 1:20 scale details showing the form of external electricity and gas boxes housing meters and associated pipe work, together with their precise proposed location on an elevation; d) Details sufficient to show proposed flashings at the intersections of roof planes between individual buildings combined to give continuous frontage to the street; e) Typical details of eaves and gables; f) Joinery details
Reason: In order to ensure that any of the listed elements are of a high standard and complimentary to the visual quality of the building within which it is incorporated in the interests of the visual amenity of the locality.
19. None of the dwellings hereby approved shall be occupied until the details required by condition 18 above have been fully implemented as approved.
Reason: In order to ensure that the development achieves the quality of detail indicated on the plans and therefore respects the character and appearance of the locality.
20. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification), no gates, walls, fences or other means of enclosure and no building as defined by Section 336 of the Town and Country Planning Act 1990 shall be erected between the front or side wall of any dwelling and the new estate road which the curtilage of the dwelling fronts or abuts without the prior written permission of the Local Planning Authority.
Reason: To enable the Local Planning Authority to regulate and control the development of land and to protect the visual amenities of the locality
Notes to Applicant
1. No structures or furniture may be erected on or across the Public Right of Way without the express consent of the Highway Authority.
853 P090311 ______2. There must be no disturbance of the surface of the right of way, or obstruction of its use, either during or following any approved development.
3. No new hedging, trees or shrubs should be planted within 1.0m of the edge of the Public Footpath.
4. Any planning consent given confers no consent or right to close or divert any Public Right of Way at any time without the express permission of the Highway Authority.
5. A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewerage capacity check to identify the appropriate connection point for the development, please contact Atkins Ltd, Anglo St James House, 39A Southgate Street, Winchester SO23 9EH (tel 01962 858688), or www.southernwater.co.uk.
6. The proposed development will be subject to a Section 38/278 Highway agreement as the roads proposed are to be adopted by Kent Highway Services. The applicant should contact Kent Highway Services on 08458 247 800 to discuss this further.
7. This development is also the subject of an Obligation under Section 106 of the Town and Country Planning Act 1990 which affects the way in which the property may be used. ______
Application Number 11/00024/AS
Location Land Rear of 10 Sandyhurst Lane, Ashford, Kent TN25 4NS
Grid Reference 99314/44796
Ward Bockhanger
Application Erection of a detached three bedroom dwelling house Description
Applicant The Executors of Mrs J Button, Fonthill, Bull Lane, Boughton Under Blean, Faversham, Kent ME13 9AH
Agent Mr Peter Spiller, Spiller Associates, 2 Cherry Garden Lane, Folkestone, Kent CT19 4AD
Site Area 0.1 Hectare
854 P090311 ______
(a) 11/10 R (b) R (c) KHS: X
The Development Control Manager drew Members’ attention to the Update Report. There were two points to take note of: Kent County Councillor Mrs Tweed had objected to the application, her comments were précised to the Committee, and paragraph one of the report should state that one of the applicants was an employee of the Council.
In accordance with Procedure Rule 9.3 Mr Holloway, a neighbour, spoke in objection to the application. He advised the Committee that the previous application had been refused as it was deemed to be too large, harmful to the visual amenity of the area and detrimental to road safety. The applicants had sought to address the concerns raised by the Committee by the removal of the garage and the reduction of the number of bedrooms. However this still resulted in a cramped site that was marginally different to the previous scheme. The driveway would deprive future occupants of amenity space. Instead of improving the scheme the amendments had resulted in a cramped design that was out of character with the surrounding area. He asked the Committee to reconfirm their objection to the application. The access to the site was inadequate and Westwell Parish Council had been surprised that Kent Highway Services had raised no concerns. The existing driveway was restricted to 2.6metres and he would not have been surprised if this had required widening. The site was located on a series of dangerous bends and in his opinion was an accident waiting to happen.
In accordance with Procedure Rule 9.3 Mr Spiller, the agent, spoke in support of the application. He advised Members that following concerns raised by the Committee they had revised the proposal and relocated the access to the site. By doing so there would be no issues relating to land outside of the applicants control. Kent Highway Services had raised no objection to the application. The size of the dwelling had been reduced and the amenity area was inline with the Councils draft Residential Space and Layout Supplementary Planning Document. The width and height of the dwelling had also been reduced with the footprint reduced from 105sqm to 75sqm. Dwellings in Potters Close and Sandyhurst Lane were situated closer together and this proposal was in keeping with the surrounding area and was not harmful to the visual amenity of the area.
The Ward Member attended and spoke in objection to the application.
Resolved:
Refuse
On the following grounds:
The proposal is contrary to policies CS1 and CS9 of the Local Development Core Strategy 2008 and the advice contained in PPS1 and PPS3 and is therefore contrary to the aims of acknowledged planning importance for the following reason:
855 P090311 ______
1) Sandyhurst Lane is characterised by detached properties on generous plots which contribute to the high quality visual appearance of the area. The proposed development would mean the erection of a detached three bedroom dwelling house which would be too large for the application site, resulting in a cramped form of development which would be out of keeping with the character and appearance of the existing development in the vicinity of the site and would therefore detract from the visual amenity of the locality and harm the character of the local area. ______
Application Number 10/01732/AS
Location Pope House Farm, Ashford Road, St Michaels, Tenterden, Kent, TN30 6SS
Grid Reference 88589/35665
Parish Council High Halden
Ward Weald Central
Application Erection of two detached dwellings Description
Applicant Mr S Edwards, Pope House Farm, Pope House Lane, Ashford Road, Tenterden, Kent, TN30 6SS
Agent Miss J Norris, Judith Norris Ltd., Wordsworth House, High Street, Ticehurst, East Sussex, TN5 7BQ
Site Area 0.2 Hectares
(a) 3/2R 3S (b) S (c) EHM (EP) – X, TDRA – R, KHS – X
In accordance with Procedure Rule 9.3 Miss Norris, the agent, spoke in support of the application. She advised Members that the site had been historically used for livery purposes and the restoration of agricultural machinery. The proposed dwellings would be contemporary and green. She drew Members’ attention to an earlier appeal on the site, a copy of which she had distributed to Members prior to the meeting, which had stated that the previous application had been visually intrusive and the Inspector had disliked the fake farmhouse design. Three
856 P090311 ______neighbours were supportive of the scheme with two objections having been raised. She urged the Committee to grant planning permission.
One of the Ward Members attended and spoke in support of the application.
Resolved:
Refuse
On the following grounds:
1. The development would be contrary to policies CC1, C4 and BE6 of the South East Plan (May 2009), policies GP10 and GP12 of the Ashford Borough Local Plan (2000), policies CS1 and CS9 of the Local Development Framework Core Strategy (July 2008), policies TRS1, TRS2, TRS7 and TRS17 of the Tenterden and Rural Sites Development Plan Document (2009), Draft
Supplementary Planning Documents ‘Landscape Character’ and ‘Residential Space and Layout’ and to Government guidance contained in PPS1, PPS3, PPS5 and PPS7 and is therefore considered development harmful to interests of acknowledged planning importance for the following reasons:
(a) No evidence has been provided to demonstrate that the site is no longer viable as an employment use and that it has remained unsold or unlet for a substantial period of time, despite genuine and sustained attempts to sell or let it on reasonable terms. Evidence to demonstrate that appropriate alternative employment uses are viable is also absent from the submission. The development would therefore result in the loss of an employment site within the rural area, with no overriding justification for its loss having been provided.
(b) The proposed development, involving the erection of two new dwellings outside the built confines of any identified settlement, in the absence of any overriding need having been demonstrated to justify the proposal, would represent an unnecessary, unsustainable, sporadic and harmful form of development, detrimental to the character and appearance of the countryside.
(c) The proposed dwellings, particularly Plot 1, by virtue of their size, bulk, scale and subsequent massing, along with their design and form, would represent a visually intrusive form of development, detrimental to the character and appearance of the rural landscape and the setting of the adjacent listed buildings.
(d) The first floor bedroom window to the western elevation of Plot 1, given its distance from and positioning in relation to the most private garden area of Pope Farmhouse, would result in an unacceptable level of overlooking and a subsequent loss of privacy, harmful to the residential amenity of the occupiers of this dwelling.
857 P090311 ______(e) The flank eastern side wall of Plot 1, given its distance from and positioning in relation to the kitchen and breakfast room windows of Plot 2, would overshadow and therefore adversely affect the outlook from these rooms, harmful to the residential amenity of the potential occupiers of Plot 2. ______
Application Number 10/01506/AS
Location Post Office, Ashford Road, St Michaels, Tenterden, Kent TN30 6PR
Grid Reference 88638/35178
Parish Council Tenterden
Ward St Michaels
Application Change of use of part of Post Office to create separate Description Fish and Chip shop, new kitchen extractor unit at rear and change of use of adjoining garden to provide additional car parking
Applicant Mr J Entwistle, 6 Henley Meadows, Tenterden, Kent TN30 6EN
Agent Mr A Norris, Norris Construction, High Weald, Cherry Orchard, Tenterden, Kent TN30 7LP
Site Area 0.1 Hectares
(a) 35/24S and (b) S (c) EHM(C) R, KHS X petition signed by 641 people in support, 6R
Deferred at applicant’s request ______
858 P090311 ______
Application Number 10/01306/AS
Location Appledore Post Office and General Store, 51-53 The Street, Appledore, Ashford, Kent, TN26 2AF
Grid Reference 95642/29490
Parish Council Appledore
Ward Isle of Oxney
Application Part retrospective application for shop front replacement Description and installation of new bonnet lights
Applicant Mr H Purewal, Appledore General Store, 51-53 The Street, Appledore, Kent, TN26 2AF
Agent Mr S Ladbury, The Hollyhocks, Peening Quarter, Wittersham, Kent, TN30 7NP
Site Area 0.02 Hectares
(a) 15/6R, 81S (b) S (c) WKPS R, POL S
The Development Control Manager drew Members’ attention to the Update Report. The hieroglyphics at the beginning of the report required amending and two further letters of support had been received raising no new issues.
In accordance with Procedure Rule 9.3 Mr Purewal, the applicant, spoke in support of the application. He advised the Committee that he had purchased the property in 2009 with an aim to running a Post Office and store. Whilst undertaking decorative work he had discovered that part of the shop front had deteriorated and on further inspection discovered that part of the structure had eroded. He had then contacted the Council for advice on how to proceed. The following day Building Control visited and advised that the structure would need replacing or repairing and that he should contact the planning department for advice regarding making a planning application. He had requested advice from the planning department on a number of occasions but they had been unwilling to visit the site or provide pre-application advice. He was certain that he would not be in this position if he had received advice from the planning department when it had been requested. The remedial works that had been carried out were economical and had resulted in a better disabled access. He respectfully asked the Committee to take into account the overwhelming support for the application and grant permission.
859 P090311 ______In accordance with Procedure Rule 9.3 Mr Winter from Appledore Parish Council, spoke in support of the application. He advised the Committee that not all of the properties within the conservation area were truly symmetrical. The single storey extension was not symmetrical however it was within the site lines and current policy supported this. The frame that the applicant had fitted was durable, required less maintenance than the previous one and had significantly improved security. The signage was cosmetic and the design could be adjusted should the Committee request it. The addition of the lighting had contributed to security for the premises and resembled a pre World War II façade. There had been overwhelming support for the application with two of the objections being raised by individuals living miles away from the site and one individual objecting twice, which meant that only three people in the village had objected to the application. The Parish Council felt that the Planning Committee should permit this application.
Resolved:
That for the following reasons the Planning Committee Permits this application:
1. The development would not detract from the character of the village or the Appledore Conservation Area.
2. The proposed shopfront provides improved security.
3. The grant of permission significantly reduces the risk of the loss of the shop and the post office in the future.
Permit
Subject to the following conditions:
1. No hoardings or window vinyls shall be located either inside or outside the glazed elements of the store frontage so as to obscure views into the store
without the prior written consent of the Local Planning Authority.
Reason: In the interests of providing an active frontage to the store and to prevent clutter which would have a detrimental impact on visual amenity.
2. Within 2 months of the date of this permission details shall be submitted to the Local Planning Authority showing (a) the means by which the panels beneath the shopfront will be removed and (b) the design, materials and method of fixing of replacement brick panels. Within 3 months of the date of the approval in writing by the Local Planning Authority of the above details, the approved works shall be carried out in accordance with the approvals and the brick panels shall then be retained and maintained.
860 P090311 ______
Reason: In the interests of visual amenity. ______
Application Number 10/01321/AS
Location Churchlands Farm, Church Road, Stone, Tenterden, Kent, TN30 7JT
Grid Reference 94133/27338
Parish Council Stone-Cum-Ebony
Ward Isle of Oxney
Application Demolition of farm buildings and erection of holiday Description accommodation with associated equestrian facilities comprising 3 no. holiday lets, stable block and change of use of land for the keeping of horses
Applicant Mr T Piper, Owley Farm, Acton Lane, Wittersham, Tenterden, Kent, TN30 7HL
Agent Mrs H Whitehead, Price-Whitehead Chartered Surveyors & Rural Consultants, Forstal Farm, Tenterden, Kent, TN30 7DF
Site Area 0.23 Hectares
(a) 3/1R 5S (b) S (c) EH – X, KHS – X, SEETB - S, NFU – S, RPL – X
In accordance with Procedure Rule 9.3 Mrs Whitehead, the agent, spoke in support of the application. She advised Members that she was addressing them on behalf of the applicant, Mr Piper, who had a sound business plan and had concluded that the proposed use was the only viable and suitable use for the site. The proposal was inline with PPS4 and was a more sustainable form of development than the current use. The site was located close to a public right of way and on a bus route with good transport links. The reasons for objection appeared to be based upon character and appearance only, she was unsure how this could be. The application was supported by PPS7, the Parish Council were supportive as was Tourism South East. There were no ecological or contamination reasons to object to the proposal. Countryfile had recently highlighted a shortage in equestrian facilities in the countryside for holidays. She asked Members to grant permission for this application.
861 P090311 ______In accordance with Procedure Rule 9.3 Mr Brignall from Stone-cum-Ebony Parish Council, spoke in support of the application. He advised Members that there were several young people in the area that would welcome the opportunity to work at the site. The proposal would benefit local small businesses and it was important to note that the current buildings were in a poor state of repair and could not be used. The replacement of an ‘eyesore’ was supported by the Parish Council and he urged the Committee to permit the application.
Resolved:
Refuse
On the following grounds:
1. The development would be contrary to Policies CC1, C3, C4 and TSR2 of the South East Plan (May 2009), Policies GP12 and EN27 of the Ashford Borough Local Plan (2000), Policies CS1 and CS9 of the Local Development Framework Core Strategy (July 2008), Policies TRS2, TRS14 and TRS17 of the Tenterden and Rural Sites Development Plan Document (2009) and to Government guidance contained in PPS1 ‘Delivering Sustainable Development’, PPS4 ‘Planning for Sustainable Economic Growth’, PPS7 ‘Sustainable Development In Rural Areas’, PPG13 ’Transport’ and the Good Practice Guide on Planning for Tourism and is therefore considered development harmful to interests of acknowledged planning importance for the following reasons:
(a) The proposed development, located in a remote rural location and poorly served by public transport links and local services, would rely solely on private car use and, as a result, would fail to minimise the number of new car journeys that the site would generate, resulting in a sporadic and unsustainable form of development.
(b) As a result of Reason 1, the proposed development would be harmful to the character and appearance of the rural landscape designated as an Area of Outstanding Natural Beauty and the character of the adjacent Stone-in-Oxney Conservation Area.
(c) The proposed holiday let buildings, by virtue of their size, bulk, scale and subsequent massing and design and form, would represent a visually intrusive form of development, detrimental to the character and appearance of the rural landscape designated as an Area of Outstanding Natural Beauty.
(d) As a consequence of Reasons 1, 2 and 3, the proposed development cannot be considered to be a well conceived farm diversification proposal that will contribute to sustainable development objectives and not result in harm in visual amenity terms. ______
862 P090311 ______
Application Number 10/01642/AS
Location Court Lodge, Church Lane, Aldington, Ashford, TN25 7EG
Grid Reference 07519/36202
Parish Council Aldington and Bonnington
Ward Saxon Shore
Application Grain Store to replace existing grain store and fire Description destroyed barn together with an extension to the car park for St Martins Church
Applicant G.L.Boulden & Sons
Agent Rural Partners Ltd Parkhouse Farm, Harbottle, Morpeth, Northumberland NE65 7BD
Site Area 0.1 Hectares
(a) 2/- (b) S (c) E H X, KH X, KCC Arch X, RPL X
The Development Control Manager drew Members’ attention to the Update Report. Two letters of support had been received. One letter supported the application on the basis that the elevations would be the same as the fire damaged building and would be built of the same materials and the extra car parking for the church was generous. The other highlighted the benefits to the church from extra parking, the “tidying up” and the sympathetic nature of the new building to the existing.
In accordance with Procedure Rule 9.3 Mr Boulden, the applicant, spoke in support of the application. He advised the Committee that the barn had originally been constructed in the war and had been destroyed by fire. Four bays of the barn had been saved. The site was important for the church and there had been no objections raised by any of the neighbours.
One of the Ward Members attended and spoke in support of the application.
Resolved: Deferred for the Development Control Manager to seek a revised proposal comprising a smaller building of design and materials more appropriate to this location. ______
863 P090311 ______
Application Number 10/01675/AS
Location The Chequers, Church Lane, Challock, Ashford, Kent, TN25 4BS
Grid Reference 00893/50507
Parish Council Challock
Ward Downs West
Application Change of use of pub to Bed & Breakfast accommodation, Description including minor internal alterations, and erection of post and rail fencing along road boundary
Applicant Mr & Mrs Thomas, The Chequers Inn, Church Lane, Challock, Kent, TN25 4BS
Agent Mr N Anthony, Lee Evans Planning, St Johns Lane, Canterbury, Kent, CT1 2QQ
Site Area 0.07 Hectares
(a) 34/43R 25S 2+ (b) R (c) -
The Development Control Manager drew Members’ attention to the Update Report. A further condition restricting the use to that applied for was proposed.
In accordance with Procedure Rule 9.3 Mr Spiers, a neighbour, spoke in objection to the application. The premises had been a public house for 300 years. The owner was applying for a change of use of the premises from a public house to a bed and breakfast. There were already three bed and breakfast establishments in close proximity to Challock, one in Challock itself and two just outside. The applicant had stated that he was forced to change due to a prolonged decline in the business. Policy SH16 guarded against development of public houses unless there was another one located within reasonable distance. The report stated that this was applicable in this case; however the only other establishment was a gastro-pub which did not cater for social drinkers. Residents of the village had made an offer to purchase the public house however this had been turned down by the applicant. The premises were overpriced and this was an attributing factor as to why the applicant had been unable to sell it. The residents wanted to return the public house to the village.
In accordance with Procedure Rule 9.3 Mr Thomas, the applicant, spoke in support of the application. He advised Members that the loss of a public house was
864 P090311 ______acceptable in planning principle. An application had been submitted in early 2010 for a change of use of the premises however this had been withdrawn to enable them to carry out additional marketing of the premises. The sale price had been reduced but no offers had been forthcoming. Marketing of the premises had been extensive and whilst an offer had been put forward by the residents it was significantly below the asking price. Detailed accounts had been provided when the application had been submitted; the premises could not be maintained as a public house. Objections to the application had only been made by 5% of the population of Challock.
In accordance with Procedure Rule 9.3 Mr Spicer from Challock Parish Council, spoke in objection to the application. He advised Members that the previous application had received 60 objections. There was considerable support for the retention of the public house. The other public house in the village was considered by the landlord as a restaurant and not a public house. The village consortium wanted to purchase the public house for the village and enable it to become the hub of the village. He hoped that the Committee understood that the community wanted the public house to stay.
The Ward Member attended and spoke in objection to the application.
The Leader of the Council attended and commented on the application.
Resolved:
Refuse
On the following grounds:
1. The proposed development would be contrary to Policies CC1 and C3 of the South East Plan (May 2009), Policy SH16 of the Ashford Borough Local Plan (2000), Policy TRS 16 of the Tenterden and Rural Sites Development Plan Document (2010) and the government guidance contained in PPS1, PPS4 and PPS7 and is therefore considered development harmful to interests of acknowledged planning importance for the following reasons;
a) the marketing and viability information submitted does not demonstrate that the public house is no longer viable and that there have been genuine and sustained attempts to market the property on reasonable terms.
b) There is no other public house within reasonable walking distance as the other establishment within the village operates as a restaurant rather than as a public house.
c) The loss of such an important community facility would compromise the vitality and viability of the village. ______
865 P090311 ______
Application Number 10/01721/AS
Location Roberts Farm, Smarden Road, Biddenden
Grid Reference 86571/41030
Parish Council Biddenden
Ward Biddenden
Application Proposed wagon porch. Description
Applicant Mrs Victoria Hunt, Roberts Farm, Smarden Road, Biddenden
Agent Richard Meadley, Richard Meadley Associates, 25 Floral Street, London, WC2E 9DS
Site Area 00.40 Hectare
(a) 2/- (b) S, adjacent (c) - Parish +
The Senior Planning Officer drew Members’ attention to the Update Report. There were two points to take note of: y The application had been amended following publication of the committee report. The pitch of the porch roof had been reduced from 48.7° to 40° which had the effect of reducing the ridge height by 850mm, some 1400mm below the main ridge. y A further letter from the applicant’s structural engineer had been received emphasising the need for structural repairs to prevent further bowing of the beam at first floor and confirming that in his view an external structure was the only solution to the structural issue. This view on a solution was not shared by the Council’s structural engineer.
In accordance with Procedure Rule 9.3 Mr Hunt, the applicant, spoke in support of the application. He advised Members that this was the second time the application for a wagon porch had been before them. The Committee had visited the property and were aware of the issues surrounding supporting the property. Originally the
866 P090311 ______proposal had involved the cutting of an historic eaves beam. Both this issue and the structural issue were addressed by the proposal before Members; this would ensure that the historical fabric remained in tact. The structural engineer had confirmed that an external buttress concealed within the wagon porch would ensure that the dwelling was structurally sound; the alternative option would be to use an elaborate system which would involve the cutting of beams and would be non-reversible. The dwelling had problems and would require structural support even if the application were to be refused. His daughter was due to start at Smarden School and he wanted his family to be settled into their home and start to enjoy life in the area. He advised the Committee that he had listened carefully to their concerns previously and addressed them in this application.
The Ward Member attended and spoke in support of the application.
Resolved:
Refuse
For the following reason:
1. The proposed development would be contrary to policies CS1 and CS9 of the Local Development Framework Core Strategy July 2008, policies GP12 and HG9 of the Ashford Borough Local Plan 2000, policy TRS17 of the adopted Tenterden and Rural Sites Development Plan 2010 and advice contained in SPG7: Re-use of Agricultural Buildings and would therefore constitute development contrary to interests of planning importance for the following reasons: a) The proposed development by virtue of its bulk, scale, design, form and detailing would represent an unsympathetic and historically inaccurate form of development that would sit uncomfortably on this elevation resulting in harm to the character and appearance of the vernacular former agricultural barn which in turn would result in a loss of value to society for which inadequate justification has been put forward. b) There is no convincing substantiating evidence to demonstrate that a wagon porch ever existed on this elevation and in the proposed form. There is therefore no justification to override the harm identified. ______
Application Number 10/01722/AS
Location Roberts Farm, Smarden Road, Biddenden, Kent TN27 8QJ
Grid Reference 86571/41030
867 P090311 ______
Parish Council Biddenden
Ward Biddenden
Application Proposed wagon porch extension Description
Applicant Mrs Victoria Hunt, Roberts Farm, Smarden Road, Biddenden
Agent Richard Meadley, Richard Meadley Associates, 25 Floral Street, London, WC2E 9DS.
Site Area 00.40 Hectares
(a) 2/- (b) S, + (c)
For Update Report and Speakers please see previous application.
Resolved:
Refuse
For the following reason:
The proposed development would be contrary to Policy CS1 of the Local Development Framework Core Strategy 2008 and advice contained in PPS5, notably policy HE9.1 and para. 160(2), and would therefore constitute development contrary to interests of planning importance for the following reasons:
1. The proposed development by virtue of its bulk, scale, design, form and detailing would represent an unsympathetic and historically inaccurate form of development that would sit uncomfortably on this elevation resulting in harm to the character and appearance of the vernacular former agricultural barn which in turn would result in a loss of value to society for which inadequate justification has been put forward.
2. There is no convincing substantiating evidence to demonstrate that a wagon porch ever existed on this elevation and in the proposed form. In turn there is no overriding evidence that the building is structurally unsound and that this development is not only a satisfactory solution but the only solution to overcome this. There is therefore no justification to override the harm identified. ______
868 P090311 ______
Application Number 11/00026/AS
Location Wittersham Coachworks, 9-11 Poplar Road, Wittersham, Tenterden, TN30 7PD
Grid Reference 89929/27411
Parish Council Wittersham
Ward Isle of Oxney
Application Insertion of a first floor obscure glazed window to the NW Description elevation and a ground floor window to SW elevation, increase in size of the ground floor window to SW elevation, change in orientation and size of the detached car port and increase in height of the dwelling approved under 09/00050/AS and addition of a 5 bay timber entrance gate to the front boundary
Applicant Mr and Mrs Cheesmur, 7 Poplar Road, Wittersham, Tenterden, Kent, TN30 7PD
Agent Mr J Page, 12 Rope Walk, Sandhurst, Cranbrook, Kent, TN18 5JD
Site Area 0.07 Hectares
(a) 10/2R (b) R (c) -
The Development Control Manager drew Members’ attention to the Update Report. There were two points to take note of:
y The compass references in the description, planning history and summary sections in the report were incorrect. The correct description was detailed in the Update Report.
y Further comments had been received from immediate neighbours, the comments were summarised in the Update Report.
In accordance with Procedure Rule 9.3 Mr Hibbard, a neighbour, spoke in objection to the application. He advised the Committee that he was speaking on behalf of those neighbours affected by the application. There had been an invasion of privacy caused by the development and there were inconsistencies between what was previously permitted and what had been constructed. He drew Members’ attention to
869 P090311 ______a handout that he had circulated. The original drawings approved by the Planning Committee did not indicate a plinth; the amended drawings also did not indicate a plinth. The as built drawings indicated a plinth and a new height; this was not what had been granted permission. The dwelling was significantly higher than the boundary fence. The privacy of the neighbours had been invaded resulting in a stressful situation. Those affected by the dwelling were hopeful of a long term conclusion to the situation rather than a temporary solution.
In accordance with Procedure Rule 9.3 Mr Smith, on behalf of the applicant, spoke in support of the application. He advised Members that the confusion that had arisen over the development was not the fault of the applicants. The ground undulated in a way which contributed to the height of the dwelling. The house was positioned on a 3ft thick slab to accommodate for the drop from the frontage. He confirmed that the applicants would comply with fixed windows above the fence.
In accordance with Procedure Rule 9.3 Mr Lewis from Wittersham Parish Council, spoke in objection to the application. He advised the Committee that the Parish Council objected to the proposal. The height of the building was increased by 400mm due to the plinth, this was not in accordance with the planning permission that had been granted previously. The dwelling was situated close to the boundary. He had visited the site and supported the view of the neighbours affected by the dwelling. There was a need to ensure that those affected by the dwelling were protected and the situation resolved. The building differed substantially from that which was granted planning permission. The proposal to increase the height of the fence was not acceptable. He concluded by stating that the Committee would be sending the wrong message if they were to grant planning permission.
Resolved: Deferred for a Site Visit. ______
Application Number 11/00031/AS
Location Kench Hill Bungalow, Appledore Road, Tenterden, Kent, TN30 7DG
Grid Reference 90414/32229
Parish Council Tenterden
Ward Tenterden South
Application First floor roof extension including dormer windows, rear Description and side elevations and new porch
870 P090311 ______
Applicant Mr J Corrin, R Sternberg Farms, The Estate Office, Frenchay Farm, Appledore Road, Tenterden, Kent, TN30 7DJ
Agent Mrs H Whitehead, Price-Whitehead Chartered Surveyors and Rural Consultants, Forstal Farm, Appledore Road, Tenterden, Kent, TN30 7DF
Site Area 0.16 Hectares
(a) 4/- (b) S (c) RPL – R
The Development Control Manager drew Members’ attention to the Update Report. The Ward Member strongly supported the application and his reasons were précised in the Update Report.
In accordance with Procedure Rule 9.3 Mrs Whitehead, the agent, spoke in support of the application. In the 1960’s and 70’s the land was used mainly for livestock with arable production a secondary function. Changes since then had resulted in a shift of functions. The highest calibre manager for the farm must be retained this was reflected in the level of accommodation that was provided. The estate had been fortunate previously as farm managers had either been single or married without children, which had now changed. The size of the extension was not unduly large and there was no other suitable accommodation available on the site. The farm manager was responsible for all staff and produce. The increase in height of the dwelling would be 1.96metres. The applicant had no intention of selling off the dwelling house once the works had been completed, it would be for the use of the farm manager. She confirmed to Members that the extension and improvements were necessary and urged them to grant planning permission.
Resolved:
That for the following reasons the Planning Committee Permits this application:
1. The proposed extensions are essential to provide accommodation suitable for the retention of a quality arable manager which is essential for the running of this estate.
2. The scale of the proposed extensions is not excessive and consequently will not adversely affect the character of the surrounding area.
3. The current dwelling is in a poor state of repair.
Permit
Subject to the following conditions:
871 P090311 ______1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. The external materials and finishes to be used for the approved development shall be of the same size, colour, tone and texture as those of the existing building unless otherwise agreed in writing by the Local Planning Authority.
Reason: To assimilate the new development with the existing in the interests of visual amenity.
3. The occupation of the dwelling shall be limited to a person solely working as the Arable Farm Manager on the R Sternberg Farms, Frenchay Farm, Tenterden and to any resident dependents.
Reason: Permission is only granted to enlarge this agricultural dwelling to meet the specific needs of the R Sternberg Farms, Frenchay Farm, Tenterden to provide appropriate accommodation for an Arable Farm Manager. ______
______Queries concerning these minutes? Please contact Kirsty Liddell: Telephone: 01233 330499 Email: [email protected] Agendas, Reports and Minutes are available on: www.ashford.gov.uk/committees
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