Public Document Pack
TENTERDEN TOWN COUNCIL Town Hall, 24 High Street, Tenterden, Kent. TN30 6AN
Website: www.tenterdentowncouncil.gov.uk Email: [email protected] Telephone: 01580 762271 Facsimile: 01580 765647
Tuesday, 29 October 2019 PLANNING COMMITTEE
Notice is given that a meeting of the PLANNING COMMITTEE will be held in the Assembly Room on MONDAY, 4TH NOVEMBER, 2019 which will start at 7.00 pm.
All members of the committee are summoned to attend to consider and resolve upon the business to be transacted at the meeting.
Claire Gilbert, Deputy Town Clerk. Councillors Serving: M. Carter, V. Cole, J. Crawford (Chair), Mrs. J. Curteis, Dr. L. Lovelidge, K. Mulholland, R. Parkin, R. Quinton and Mrs. K. Walder (Vice-Chair).
PARTICIPATION BY MEMBERS OF THE PUBLIC: Members of the public can make representation at this meeting by submitting a request to speak (indicating the relevant agenda item) to the Town Clerk’s office no later than midday on the day of the meeting. Speakers must be resident in Tenterden, and give their name and street of residence when asked to speak. Representations will be invited at the relevant point in the meeting. Speeches may not exceed three minutes and speakers may not participate in any subsequent debate. At the Chairman’s discretion, only one speech may be made in support of each side of any contentious issue.
AGENDA
1. APOLOGIES FOR ABSENCE.
2. DECLARATIONS OF INTEREST.
3. MINUTES. To consider and, if approved, confirm and sign the minutes and report of the meeting held on 7th October 2019 and Special meeting held on 14th October 2019.
4. MATTERS ARISING.
5. COUNCILLORS QUESTIONS. At the Chairman’s discretion Councillors may ask a question about any relevant matter not on the agenda. Questions shall be put and answered without discussion. Answers may take the form of a direct oral answer or reference to a Town Council publication. Where a reply cannot be conveniently given an oral or written answer may be circulated at a later date.
6. REPRESENTATIONS FROM MEMBERS OF THE PUBLIC. Previously notified to the Chairman.
7. PLANNING APPLICATIONS. To consider the following applications.
17/00708/AS Land North of 14, Westwell Court Erection of a fifty six bed care home and 23 units for assisted living (Use class C2) comprising 16 cottages and 7 flats (including Manager’s accommodation) with associated landscaping, parking, stores and service areas, estate roads, access and landscaping buffers. Application for full planning permission. WEST WARD.
19/01313/AS Maynards Oast, Preston Hill Lane Erection of a detached oak framed garage/building. Application for full planning permission. SOUTH WARD.
19/01319/AS The Old Stables, Shoreham Lane. Proposed replacement of existing stables with art studio, gym and swimming pool and change of use of associated land to residential. Application for full planning permission. ST. MICHAEL’S WARD. Please note amended plans, description and change of use.
19/01357/AS 98 High Street Repair to ground floor bay window brickwork on front elevation. Application for listed building consent NORTH WARD.
19/01375/AS Land to the front of 1, Park View Terrace Change of use of land from verge and vehicle crossover to domestic garden with parking on existing surfaced vehicle crossover. Application for full planning permission. NORTH WARD.
19/01416/AS Barn at Philpotts, Smallhythe Road Notification for Prior Approval for the proposed changes of use of a building and land within its curtilage from a use falling within Class B1(c) (light industrial) to a use falling within Class C3 (dwelling house). Application for COU – light ind. B1c to dwelling C3. WEST WARD.
19/01437/AS 11 Turners Avenue Proposed two storey side extensions; two storey rear extension; installation of dormer windows to front elevation; roof lights to side elevations. Application for full planning permission. NORTH WARD.
19/01462/AS 4 West Cross Change of use from class A1 Shop/Retail to 2 No.3 bedroom houses including alterations to front bays/door. Application for full planning permission. NORTH WARD.
19/01463/AS 4 West Cross Works of conversion from retail to 2 no. 3 bedroom houses including removal of existing single storey extension; alterations to front
bays/door; addition of windows to rear elevation. Application for listed building consent. NORTH WARD.
19/01471/AS 13 Haffenden Road Replacement single storey rear extension; conversion of, and extension to, existing garage with 2 no. car parking spaces to front. Application for full planning permission. NORTH WARD.
19/01494/AS Annexe, Springwood House, Appledore Road Removal of condition 5 on planning permission 14/00467/AS to allow the use of the unit as an unrestricted dwelling. Application for removal of condition. SOUTH WARD.
8. NOTIFICATION OF DISCHARGE OF CONDITIONS. List No. 016. *
9. DECISIONS OF THE ASHFORD BOROUGH COUNCIL PLANNING COMMITTEE. List No. 584. *
10. SUB-COMMITTEE & WORKING GROUPS.
(a) Selective Neighbourhood Plan Working Group.
(i) Feedback from the meeting held on 24th September 2019. *
(ii) Feedback from the NHP Consultation Event on 2nd November 2019.
11. DEVELOPER CONTACT POLICY. To consider adopting a policy on whether the Town Council should speak to Developers prior to a full planning application or pre-planning meeting.*
12. POTENTIAL LEGAL ADVICE REGARDING LAND NORTH OF 14 WESTWELL COURT. To consider funding for legal advice regarding Land North of 14 Westwell Court.
13. MINOR MATTERS.
(a) Proposed diversion of Public Footpath AB68 (Part) & AB69 (Part) Diversion Order 2019. To note the diversion of a section of AB68 & AB69. *
(b) Public Footpaths AB68 & AB69 Definitive Map Modification Order 2019. To note the modification of the Definitive Map and Statement for the AB68 & AB69. *
(c) Public Footpath AB36 (Prohibition of Traffic) Temporary Order 2019. To note the temporary closure of AB36. *
(d) Appeal Decision on 18/00983/AS Mayfield, Smallhythe Road. To note a Planning Appeal Decision made by The Planning Inspectorate in relation to an appeal made by the applicant of Mayfield, Smallhythe Road against the decision of Ashford Borough Council. *
14. CORRESPONDENCE.
(a) London Beach Golf Club Planning Application No. 19/01206/AS. To note emails received from Goddard Planning advising of modifications to the design of their proposals.*
15. ANY OTHER BUSINESS PREVIOUSLY NOTIFIED TO THE CHAIRMAN. No decision may be made, but matters involving an exchange of information may be discussed.
End.
Attachments and tabled documents can be obtained from the Town Clerk’s office or read on the Town Council website www.tenterdentowncouncil.gov.uk.
TENTERDEN TOWN COUNCIL Agenda Item 8
PLANNING COMMITTEE 4th November 2019 AGENDA ITEM 8 DISCHARGE LIST NO. 016
APPLICATIONS FOR DISCHARGE OF CONDITIONS. To note that the following applications have been made for Discharge of Conditions:
Planning Applications:
16/01853/CONS/AS Land south west of Recreation Ground Road and north and east of, Smallhythe Road Discharge of condition 67. DISPOSED OF UNDETERMINED.
18/01153/CONA/AS Public Convenience at St Michaels Recreation Ground, Ashford Road Discharge of conditions 3 & 4. PERMIT.
Page 1
Agenda Item 9TENTERDEN TOWN COUNCIL
PLANNING COMMITTEE 4th November 2019 AGENDA ITEM 9 DECISIONS LIST NO. 584
DECISIONS OF ASHFORD BOROUGH COUNCIL’S PLANNING COMMITTEE. The following decisions have been made:
PLANNING APPLICATIONS:
14/01430/AMND/AS St Michaels Village Hall, Grange Road Revision to planning permission 14/01430/AS (Erection of a front and rear single storey extensions with new roof cladding) to change the flat roof over the kitchen to a pitched roof. AMENDED PLANS APPROVED.
17/00419/AMND/AS Collina House Hotel, 5 East Hill Non-Material Amendments to approved Ref 17/00419/AS to amend Unit 1- re-instatement of Window to Ground Floor and change to window style in en-suite, Unit 3 - replacement of Dormer with Velux window to West elevation, Installation of Velux window to South Elevation, and Unit 4 - Removal of Approved Side Lights to dining room doors only under a new application. AMENDED PLANS APPROVED.
19/00724/AS The Pines, Smallhythe Road Demolition of existing buildings, and erection of four residential dwellings, together with associated access, parking, landscaping and drainage. REFUSE.
19/00903/AS Orchard Cottage, Shoreham Lane Two storey rear/side extension; first floor side extension; additional windows on side elevations; balcony to rear. PERMIT.
19/01016/AS 3 The Lindens, St Benets Way Extension to fencing (retrospective). PERMIT.
19/01066/AS Nationwide Building Society, 41 High Street Decoration of existing shopfront including repair/replacement where necessary; replacement of lead flashing; repainting of entrance door; replacement fascia panel with non-illuminated Nationwide lozenge, new non- illuminated projecting sign and replacement of existing spotlights with LED spotlights. GRANT CONSENT.
19/01068/AS Nationwide Building Society, 41 High Street Replacement fascia panel with non-illuminated Nationwide lozenge, new non-illuminated projecting sign and replacement of existing spotlights with LED spotlights. GRANT CONSENT.
Page 2
19/01130/AS 59 High Street Installation of 1 non-illuminated fascia sign, 1 externally illuminated projection sign and erection of one non- illuminated free standing hanging sign. GRANT CONSENT.
19/01143/AS Great Bulleign Farmhouse, Smallhythe Road Proposed part conversion of, and extension to, existing shed to create hydrotherapy room. PERMIT.
19/01151/AS 138 High Street, Tenterden Remove failed brickwork to foundation to 2 no. bay windows to front elevation and rebuild using same salvaged bricks on a sound foundation. GRANT CONSENT.
19/01162/AS 54 High Street Change of use from retail (A1) to Nail Bar (Sui Generis) (retrospective). Associated Listed Building application- 19/01164/AS - Installation of fascia signage to front elevation. PERMIT.
19/01164/AS 54 High Street Installation of fascia signage to front elevation GRANT CONSENT.
19/01167/AS 54 High Street Internal shop fitting installations and decorations GRANT CONSENT.
19/01169/AS Heronden Court, Smallhythe Road Certificate of Lawful Development- Proposed - replace existing fence and hedge with new fence. PROPOSED USE/DEVELOPMENT WOULD BE LAWFUL.
19/01180/AS Maynards Oast, Preston Hill Lane Erection oak framed garden room to rear elevation; changes to fenestration. REFUSE.
19/01185/AS Fairlight, Cranbrook Road The replacement of existing out-buildings with a single storey dwelling and associated ecological and landscape enhancements. REFUSE.
19/01192/AS Monks Meadow Oast, Appledore Road Prior notification for the change of use from office to residential. PRIOR APPROVAL NOT REQUIRED.
19/01197/AS 1 Leslie Crescent Proposed car-port and timber clad workshop, together with enlargement of existing vehicular cross-over. PERMIT. Page 3
19/01224/AS Warrenden, Smallhythe Road Installation of a Ground Mounted Solar PV Array. PERMIT.
19/01225/AS 1 Jireh House, Ashford Road Proposed conversion of existing house to two flats including new entrance porch and side window at second floor level. PERMIT.
19/01257/AS 2 Haffenden Road Garage Conversion to bedroom. PERMIT.
19/01359/AS 36 Wealden Avenue Lawful development certificate - proposed - single storey rear conservatory. PROPOSED USE/DEVELOPMENT WOULD BE LAWFUL.
TREE APPLICATIONS:
19/00185/TP East Weald, East Weald Drive Oak (T1) - To reduce tree in the rear on the right hand side by 3-4m leaving inner growth. Oak (T2) - To remove the two lower limbs from the tree out the front on the neighbours side of the rear garden overhanging the pergola. GRANT CONSENT.
19/00190/TC 3 Station Road T1: Bay Tree - To Fell. Reason: Light deprivation in a small rear garden where there are already two silver birch trees, one lilac tree and one fig tree. RAISE NO OBJECTION.
19/00196/TC 3 Yew Tree Cottage, Grange Road T1: Wild Cherry Tree: - To fell. Reason: The tree is dying. RAISE NO OBJECTION.
19/00200/TP The Limes, East Hill 4 Lime trees repollard as before to previous point; 1 Sycamore reduce to previous points and 1 Oak crown reduction as before to previous point. GRANT CONSENT.
19/00201/TC 141 High Street Remove conifer tree in the front garden of the property as it has grown too large for the location and reduces light into the property. RAISE NO OBJECTION.
Page 4
Agenda Item 10
Tenterden Town Council Neighbourhood Plan Steering Committee Meeting 24 September2019
Present: Apologies: Cllr. John Crawford Stephen Sidebottom Cllr. Kate Walder Irene Dibben Joseph Franklin Richard Masefield Sue Quinton Graham Smith Helen Whitehead - part
1 Minutes of 27th August 2019; were accepted and approved
2 Matters Arising; to be taken in the discussion
3 NP Involvement with Limes Land and Westwell; There was a full discussion about the submission of a request for an EIA on Limes Land and the email sent to residents about the Westwell additional documents and submissions. It was noted that the Committee cannot communicate directly with Ashford Borough Council but can communicate to the Town Council. A question was raised about the role of the Committee in alerting the residents about developments occurring whilst the Neighbourhood Plan is underway. It was agreed that the Steering Group was asked to comment on an EIA by the Town Council as there was no immediate Planning Committee planned. It was also agreed that the email about Westwell noted how to access the planning website but did not seek to influence views. Nevertheless, once the list of selected green spaces is public after 2 November, the committee will be free to link possible development to that list.
4 Gravity Logo Design; Richard has briefed Gravity and the Company is working on the design. Their workload is high so there is no further update.
5 Working Group Reports; a) Green Spaces. The first stage of the work is complete as reported at the workshop. After discussion it was agreed that the site at Leigh Green could be placed with verges. b) Biodiversity. The Training Programme will be held on 2 &3 October at Kench Hill. The aim is to work to a single format and methodology for survey work on relevant sites. Richard noted that the current Priority Habitat Inventory will be reviewed with the earlier Biodiversity Action Plan in training. c) Landscape. Siggi reported some reorganisation in personnel and tasks as a result of a resignation from the group. The Group continues with research and is ready to input
Page 5 to the Locality grant application. Siggi is attending her first session at Homewood on 10 October. d) Routeways. Ian Grundy is the contact on Routeways at Ashford Council. Stephen will liaise with him. The group continue with their work involving Sustrans and Colonel Stephen’s Way. e) Communication. There was a full discussion involving the need for a website, the quotation already received and a possible contact, Ben Martin. The importance of ongoing technical support and its inclusion in the Locality application was emphasised. Action; Graham to contact the person who quoted for the work to see if his quotation can be reduced. Kate to contact Ben and Tim Driver for further quotations.
6 Feedback from the Workshop; Jim Boot reported positively about the event. He noted strong evidence, fresh ideas, clear policy intentions and project suggestions. He will submit a report to the group with recommendations. This led to a varied discussion about reviewing projects and policies from elsewhere, also on how to share the information with those attending the events on 24 October and 2 November. A discussion followed relating to a reorganision of Dropbox to allow it to be more widely available to working groups. Action; Irene to collect names of those in the working groups from the group leaders and to send to John for alterations to Dropbox. Irene to circulate Jim’s report
7 Meeting with Simon Cole and Ian Grundy of Ashford Borough Council Richard reported on the meeting. Action; a more detailed written summary, with input from John and Kate, to be circulated to the steering group. Richard and Kate to draft a letter to Landowners for consideration by the committee. Graham and Helen to agree to divide Land Registry checks between them. Town Council to be invoiced for costs.
8 Visioning Event on 24 October; Richard has approached St Mildred’s Hall, as the Town Hall is unavailable. The discussion covered the content of the meeting, preparations and possible use of technology to facilitate the event. Action; Irene to liaise with Jim on arrangements and she will draft an invitation. Each group leader to summarise the work of the group on one or two slides
9 Expenditure to date; with the addition of a more recent invoice, Richard confirms expenditure from TC funds for the financial year to date as £4148.74, leaving an available balance of £6851.26.
10 Locality Grant; John noted that applications require evidence of proposed expenditure including quotations where available. Discussion involved website development, printing costs with distribution to households, land registry costs and the possibility of independent assessments. This led to a discussion about whether the green spaces group were to carry out site assessments. Action; Kate to contact Simon Cole to clarify his view on site assessment. Group leaders to confirm expenditure ASAP.
10 Public event, 2 November It was agreed that the event should take the form of an exhibition of the work to date, utilising display boards, maps of a sufficient size and detail to
Page 6 enable residents to view the information as clearly as possible, photographs and possibly video loops. Maps should be AO with numbered green spaces. It was agreed to meet on 17 October to discuss progress and outstanding action for the meetings on 24 October and 2 November. (Richard has subsequently asked if the meeting time could be moved from 2.00 to 4.00pm to avoid a clash with a Homewood teaching session. Action; Group leaders to prepare one or two slides for the 24 October. Irene to check availability of Mayor’s parlour for the meeting on 17 October
11 AOB None raised. The meeting closed
Next Meeting Tuesday 29 October 4 pm Town Hall
Page 7 Agenda Item 11
Planning Committee 4th November 2019 Ideas for Developer Contact Policy Agenda Item 11
Currently the council has a resolution in place that states that the council should not enter into dialogue with developers before the application has been submitted to ABC. This does not preclude councillors attending developer public consultation meetings as a private individual, nor, the developer presenting their application to TTC planning committee once the application has been formally submitted to ABC.
This paper explores whether the council should retain this position, or should adopt an alternative resolution that allows a degree of dialogue with developers within set parameters.
The Town Clerk has sought views from various sources and more recently held a meeting with Tim Naylor, with Cllr Crawford (Chair of Planning) in attendance.
If the council is to adopt a dialogue within set parameters, then the following conditions need to be adhered to:
1. Does not interfere with or lead to any unauthorised disclosure of commercially confidential and sensitive information discussions between the developer and ABC during the "Pre App" process. 2. Any meeting is held post "Pre App" process, as confirmed by the relevant ABC officer(s). 3. Meetings will be held in Ashford Civic Centre or the Town Hall and be facilitated by, and be in the presence of relevant ABC planning officer(s). 4. The meetings will be open to the public (as observers) up to a practical number that either office can accommodate [to be clarified by Tim Naylor]. 5. The Town Clerk will be responsible for taking minutes of such meetings. These will then be made available via the Town Council website. [This will ensure confidence is not eroded, and trust is retained with evidence there has been no horse trading, or secret deals.] 6. Councillors must not make comments, suggestions, or agreements that predetermine themselves or commit the council to a particular course of action.
Two alternative proposals are put forward for consideration:
Proposal 1.
The council and its councillors should not enter into dialogue with developers before the main application has been submitted to ABC. This is the current adopted resolution.
Proposal 2.
The council can enter into a dialogue with the developer once the "Pre App" process is complete from ABC's point of view, with strict adherence to the six conditions above.
Phil Burgess Town Clerk
Impact on Crime and Disorder: None Impact on Bio-diversity: None Budgetary Impact: None
Page 8 Agenda Item 13
Page 9 Page 10 Page 11 Page 12
NOTICE OF PUBLIC PATH ORDER
TOWN AND COUNTRY PLANNING ACT 1990 SECTION 257
THE ASHFORD BOROUGH COUNCIL (PUBLIC FOOTPATHS AB68 (part) & AB69 (part), TENTERDEN) PUBLIC PATH DIVERSION ORDER 2019
The above Order made on 16th October 2019 under Section 257 of the Town and Country Planning Act 1990 will divert the entire width of that length of public footpath numbered AB68, which commences at its connection with public footpath numbered AB36 at NGR TQ 8939 3319 (point A) and runs south-south-east through to south for 76 metres to NGR TQ 8941 3312 (point B), between the points A-B on the Order plan. The Order will also divert the entire width of that length of public footpath numbered AB69, which commences 20 metres south of the aforementioned point A at NGR TQ 8939 3318 (point D) and runs south-west for 254 metres then south-east for 92 metres (a total distance of 346 metres) to NGR TQ 8931 3294 (point E), 14 metres north-west of its connection with public footpath AB35. Between the points D-E on the Order plan.
All directions general, all distances approximate.
A copy of the Order and the Map have been placed and may be seen free of charge at the Ashford Gateway Plus, Church Road, Ashford, Kent, TN23 1AS or the Kent County Council, Countryside Access at Invicta House, County Hall, Maidstone ME14 1XX during office hours. Copies of the Order and Map may be purchased there for £10.
Any representation about or objection to the Order may be sent in writing to Mrs Maria McLauchlan at the Kent County Council (address as below), (email: [email protected]) not later than 6th December 2019. Please state the grounds on which they are made.
If no representations or objections are duly made, or if any so made are withdrawn, Ashford Borough Council may confirm the Order as an unopposed Order. If the Order is sent to the Secretary of State for the Environment for confirmation any representations and objections which have not been withdrawn will be sent with the Order.
PROW & Access Service, Invicta House, Maidstone, Kent. ME14 1XX
Tel: 03000 413420
Dated: 25th October 2019
This document is available in alternative formats and can be explained in a range of languages
This Notice can be removedPage 13after 6th December 2019 STATEMENT TO ACCOMPANY
TOWN AND COUNTRY PLANNING ACT 1990 s257 THE ASHFORD BOROUGH COUNCIL (PUBLIC FOOTPATHS AB68 (part) & AB69 (part), TENTERDEN) PUBLIC PATH DIVERSION ORDER 2019
This statement has been prepared to explain various aspects of the Orders detailed below; it does not, however, constitute part of the Order
Under the Town and Country Planning Act 1990, Ashford Borough Council has the power to make Orders to extinguish or divert footpaths and bridleways and restricted byways. Legislation affecting this proposal is contained within Section 257 of the Town and Country Planning Act 1990. The grounds for a diversion are to enable development to be carried out.
Ashford Borough Council has made an Order to divert part of Public Footpaths AB68 & AB69 at Tenterden under section 257 of the Town and County Planning Act 1990.
The Order has been made as a result of an application made by Redrow Homes Limited, to divert parts of public footpaths AB68 & AB69 at Tenterden to accommodate residential development proposals for which outline planning permission has been granted (reference 14/01420/AS), and a reserved matters application has been approved (reference 19/00340/AS). As a consequence, the diversion of these parts of Public Footpaths AB68 & AB69 is necessary to enable the development to be carried out.
The Order will come into force only after it has been confirmed, and certified; making and advertising the Order simply provides an opportunity for objections or representations to be made. Persons considering objecting or making representations relating to the above Order are invited to discuss their concerns with the Public Rights of Way Officer, Mrs Maria McLauchlan, on 03000 413420.
Any objections or representations relating to the Order must be made in writing to Mrs Maria McLauchlan at the address below no later than 6th December 2019.
The right of an objection to an Order is a statutory right, but it should be exercised in a reasonable manner. The costs involved in dealing with objections to Orders may be awarded against objectors in cases of unreasonable behaviour.
If any objections are made and not withdrawn, Ashford Borough Council may refer the Order and objections to the Department of the Environment, Food and Rural Affairs for determination. An Inspector from the Planning Inspectorate will then either take written representations or hear the objections at a Public Inquiry or Hearing. The Inspector can confirm the Order, confirm it with modifications, or refuse to confirm it. If no objections are received Ashford Borough Council may confirm the Order itself, but it has no power to modify Orders.
PROW and Access Service Invicta House County Hall Maidstone Kent ME14 1XX
Date: 25th October 2019
THIS STATEMENT DOES NOT FORM PART OF THE ORDER
Page 14 Page 15 Page 16 Page 17 Page 18 IN THE BOROUGH OF ASHFORD
NOTICE OF MODIFICATION ORDER
WILDLIFE AND COUNTRYSIDE ACT 1981 DEFINITIVE MAP AND STATEMENT FOR THE COUNTY OF KENT
THE KENT COUNTY COUNCIL (FOOTPATHS AB68 & AB69 AT TENTERDEN) DEFINITIVE MAP MODIFICATION ORDER 2019
The above Order was made on 27th August 2019 under section 53 of the Wildlife and Countryside Act 1981. If confirmed, it will modify the Definitive Map and Statement for the area by adding two public footpaths as follows: • Public footpath numbered AB68, which commences at its connection with public footpath numbered AB36 at NGR TQ 8939 3319 (point A) and runs south through to south south-west for 294 metres to its connection with public footpath numbered AB39 at NGR TQ 8931 3294 (point B), between the points A-B on the Order plan. The path has a width of 1.5 metres for the first 112 metres (to where it reaches the boundary of the property known as Belgar), which then increases to 4.0 metres to its connection with public footpath numbered AB69. • Public footpath numbered AB69, with a width of 1.5 metres, which commences at the aforementioned point A and runs south south-west for 272 metres, then turns to run south-east for 102 metres to its connection with public footpath numbered AB35 at NGR TQ 8932 3293 (point C), approximately 13 metres south-east of its connection with public footpath numbered AB68 at the aforementioned point B, between the points A-B-C on the Order plan.
All distances are approximate, all directions are general.
A copy of the Order and Map may be seen free of charge during normal office hours at the Ashford Gateway Plus, Church Road, Ashford, Kent, TN23 1AS, or at the Kent County Council, PROW & Access Service, Invicta House, County Hall, Maidstone, Kent ME14 1XX. Copies of the Order and Map may also be purchased there at the price of £10.
Any representation about or objection to the Order must be sent or delivered in writing to Mrs Maria McLauchlan at the Kent County Council (address as below) no later than 6th December 2019. Please state the grounds on which they are made.
Please note that objections/representations cannot be treated as confidential and may come into the public domain. Copies of any objections or representations received may be disclosed to interested parties, including the Planning Inspectorate where the case is referred to it for determination.
If no such representations or objections are duly made to the Order (or to any part of it), or if any so made are withdrawn, the Kent County Council, instead of submitting the Order to the Secretary of State (or part of it if the Authority has by Notice to the Secretary of State so elected under paragraph 5 of schedule 15 to the Wildlife and Countryside Act 1981) may itself confirm the Order (or that part of the Order). If the Order is sent to the Secretary of State for the Environment (in whole or in part), any representations or objections which have been duly made and not been withdrawn will be sent with it.
PROW & Access Service, Kent County Council, Invicta House, County Hall, Maidstone, Kent, ME14 1XX
Date: 25th October 2019
This document is available in alternative formats and can be explained in a range of languages.
This Notice can be removed after 6th December 2019 Page 19 STATEMENT TO ACCOMPANY
WILDLIFE AND COUNTRYSIDE ACT 1981 THE KENT COUNTY COUNCIL (FOOTPATHS AB68 & AB69 AT TENTERDEN) DEFINITIVE MAP MODIFICATION ORDER 2019
Under section 53(5) of the Wildlife and Countryside Act 1981, anyone may make an application to the County Council for a modification to be made to the Definitive Map and/or Statement. Such an application might consist of a request to record a new Public Right of Way, to delete an existing Public Right of Way, to upgrade or downgrade the status of a route already shown on the map, or to amend any particulars contained within the statement accompanying the Definitive Map.
The 1981 Act states that the Highway Authority may make a Definitive Map Modification Order to add a public right of way to the Definitive Map and Statement if it is shown that the right of the public to use it is at least reasonably alleged to subsist.
In considering an application to add routes to the Definitive Map, it is also necessary to take into account section 31(1) of the Highways Act 1980 which states that ‘where a way over any land, other than a way of such character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of twenty years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it’.
The County Council has made this Definitive Map Modification Order on the basis that the routes concerned have been used by the public in excess of 20 years without force, without secrecy and without permission, and that the landowner did not show a lack of intention to dedicate those ways throughout that time. The reasons are set out in further detail in the delegated authority report which is available on request from the Public Rights of Way Officer at the address below.
The Order will come into force only after it has been confirmed; making and advertising the Order simply provides an opportunity for objections or representations to be made. Persons considering objecting or making representations relating to the Order are invited to discuss their concerns with the Public Rights of Way Officer, Mrs Maria McLauchlan (telephone number 03000 413420).
Any representation about or objection to the Order must be sent or delivered in writing to Mrs Maria McLauchlan at Kent County Council, PROW & Access Service, Invicta House, County Hall, Maidstone, Kent ME14 1XX. They should state the grounds on which they are made and must be received no later than 6th December 2019.
Please note that the right of an objection is a statutory right, but it should be exercised in a reasonable manner. The costs involved in dealing with objections to Orders may be awarded against objectors in cases of unreasonable or spurious objections.
If any objections are made and not withdrawn, the County Council will refer the Order and objections to the Secretary of State for the Environment, Food and Rural Affairs for determination. An Inspector from the Planning Inspectorate will then either take written representations or hear the objections at a Public Inquiry or Hearing. The Inspector can confirm the Order, confirm it with modifications, or refuse to confirm it. If no objections are received the County Council will confirm the Order itself, but it has no power to modify Orders.
THIS STATEMENT DOES NOT CONSTITUTE PART OF THE ORDER AND IS PURELY FOR INFORMATION ONLY
Page 20
Notice of the intention to make an Order to temporarily close Public Footpath AB36 in the Parish of Tenterden
In The Borough of Ashford
Kent County Council
Public Footpath AB36 (Prohibition of Traffic) Temporary Order 2019
Road Traffic Regulation Act 1984, Section 14(1), As Amended By The Road Traffic (Temporary Restrictions) Act 1991
Kent County Council intends to make an Order the effect of which is to temporarily close Public Footpath AB36, between Restricted Byway AB35A and a point approximately 250 metres west (NGR TQ 894 331) from the 16th November 2019.
The path will be closed for a maximum of six months.
The path is closed because works are planned on or near it.
There will be no alternative route.
For detailed enquiries please contact: Faye Faiers Contact Centre no. 03000 417171
Or for further details on temporary closures on the Rights of Way Network see: www.kent.gov.uk/prowclosures Alternatively, if you have a QR scanner you can scan the QR code using your smartphone:
Public Rights of Way and Access Service Kent County Council Invicta House County Hall Maidstone Kent ME14 1XX
Dated : 25th October 2019
This document is available in alternative formats and can be explained in a range of languages
Page 21 From: Planning Appeals
Dear all
Please see attached appeal decision:
Application number 18/00983/AS
Nature of application Erection of timber storage building (retrospective) Type of decision Refusal of planning permission Decision made by Officer Was committee decision in Not Applicable agreement with officer advice Appeal Decision Dismissed
Regards
Lynda For Planning Appeals Ashford Borough Council
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Appeal Decision Site visit made on 18 September 2019 by Neil Smith BA Hons BTP MRTPI an Inspector appointed by the Secretary of State Decision date: 25 October 2019
Appeal Ref: APP/E2205/W/19/3230956 Mayfield, Smallhythe Road, Tenterden, Kent TN30 7LU • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr & Mrs Daniel Charlesworth against the decision of Ashford Borough Council. • The application Ref 18/00983/AS, dated 3 July 2018, was refused by notice dated 14 December 2018. • The development is a timber framed garden building and removal of existing asbestos roofed timber garden building.
Decision
1. The appeal is dismissed.
Procedural Matters
2. I saw from my site visit that the shed, subject of this appeal, has been built. The shed reflects the drawings that were considered by the Council at application stage and I have determined the appeal on this basis.
3. The appellants have stated that the land is a residential garden. This matter is disputed by the Council and some of the neighbouring properties. I am aware that the appellants have made an application for this matter to be determined under section 191 of the Town and Country Planning Act 1990 (the Act). This is separate application that will be determined on a different basis from the section 78 appeal before me.
4. The appellants’ statement stated that since the determination of the application, the Ashford Local Plan 2030 (2019) (the LP) has been adopted, which the Council have confirmed. Accordingly, Policies GP12 & TRS2 of the Ashford Borough Local Plan 2000; Policies CS1 and CS9 of the Local Development Framework Core Strategy 2008 and Policy RS17 of the Tenterden and Rural Sites Development Plan Document have been superseded. They have been replaced by Policies SP1, SP6, and ENV3b of the LP, which I have based my decision on.
Main Issues
5. The main issues are (i) whether the building is in a suitable location; and (ii) its effect on the character and appearance of the High Weald Area of Outstanding Natural Beauty (AONB).
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Reason
6. The appeal site is an open area of land which is field-like in appearance which lies adjacent to the rear gardens of several detached properties on Smallhythe Road. Access to the field can be gained via the rear garden of Mayfield as there is no fence dividing the garden from the field. It is also fenced off from the other gardens and has a mature hedgerow on the other boundaries. There are two other single storey wooden outbuildings on the land of different sizes. The larger one is in the north-eastern corner of the field and the smaller one is to the rear of ‘Mayfield’ and the adjacent dwelling, ‘Little Oak’.
7. The development is a large single storey wooden shed which is located immediately to the rear garden of ‘Little Oak’ and adjacent to the smaller outbuilding.
8. Policy SP1 of the LP requires that developments must conserve and enhance the Borough’s natural environment and Policy SP6 requires developments to be of high-quality design and respond positively to the character of the area. The use of the shed for domestic purposes located within the countryside is a location where developments of this nature are restricted. Consequently, the appeal proposal is an unacceptable form of development in the open countryside.
9. The site also lies within AONB and the open character of the appeal site contributes to the rural setting. The glazed doors and windows to the front and one of the side elevations gives the shed a domestic appearance which is incompatible with this setting. The appearance of the shed also jars with the existing outbuildings in the field which have no such openings and are of a traditional rural design.
10. Whilst it sits behind the hedgerow which forms the rear boundary of ‘Little Oak’, the shed is still visible from the garden. It would be of detriment to the intrinsic value of the AONB as it does urbanise the site, contrary to the more open landscape qualities.
11. I am mindful that the materials used will weather over time and further minimize the visual impact. The appellants have also stated that the number of openings could be reduced. However, these would not address the harm caused by its size. The appellants have stated that the building is needed to store domestic items associated with the family and that the shed provides a safe storage facility. Whilst I understand these personal circumstances, I am unaware why the other buildings could not accommodate this function. I also acknowledge that the appellants argue that the shed does not cause any harm to immediate neighbours.
12. I have had regard to the Ashford Borough Council ‘Domestic Garages and Outbuildings in Urban and Rural Areas’ Supplementary Planning Guidance Note 9. I am mindful that this document contains guidance concerning character and appearance, and I have already highlighted the harm in this regard.
13. I conclude that the development is a large incongruous feature which is an unacceptable domestication and urbanisation of the site to the detriment of the character and appearance of the open countryside and the intrinsic value of the AONB. The development conflicts with Policies SP1, SP6, and ENV3b of the
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Ashford Local Plan 2030 (2019) which seek, amongst other things, to conserve or enhance the Borough’s natural environment.
Conclusion
14. For the reasons given above, and having regard to all matters raised, I conclude that the appeal should be dismissed. Neil Smith
INSPECTOR
https://www.gov.uk/planning-inspectorate Page 25 3 Agenda Item 14
From: [email protected] Sent: 17 October 2019 14:44 To: Town Hall
FAO : Phil Burgess
Dear Mr Burgess,
I write in connection with our hybrid planning application which was considered the Town Council considered on Monday and which was reported in the Kentish Express this morning.
More Traditional Design
We have listened to and have carefully considered your criticisms of the design of our apartment block with its flat roof. And as a result we will be changing that design to incorporate more traditional roof forms and using plain clay tiles. I will send you our revisions once they have been prepared.
A Sustainable Location
We have also noted the points the Town Council made about whether this is a sustainable location for development.
First of all, I would like to draw your attention to our ground-breaking initiatives which will be incorporated in this scheme and secured by planning conditions. This involves electric cars, electric bikes and an electric shuttle bus linking the hotel with the town centre. These are fully described in our planning application submission.
Secondly, the site immediately adjoins Little Orchards where planning permission has already been granted for similar retirement apartments. The council concluded, when dealing with applications there, that this was a sustainable location.
Finally, the council has allocated land at Pope House Farm opposite the site and close to the hotel, for 50 dwellings subject to Policy S60 in the Local Plan. This again recognises the sustainability of the location for future development.
I hope that in re-considering these points you will accept that this is an appropriate and sustainable location for our development.
We are preparing the modifications to the design of our proposals and will submit those as an amendment to our current application. We will also send them to you. I hope that, with these changes and with the further information about sustainability, the Town Council will be able to support our application.
Kind regards.
Mike Goddard Goddard Planning
Page 26 From: [email protected]
Dear Mr Burgess
I am writing following my earlier email of 17th October.
We have been working with our architects to provide some possible design options for the apartment block proposed in the full part of our hybrid application (19/01206), which more closely follow the Kentish vernacular in both use of materials and design.
We initially prepared a total of 5 options but have discounted 2 of these as unsuitable.
I attach 3 alternative options for the dseign and would be very grateful if you could let me have your views on these and an indication of your preference. We can then amend our application proposals to reflect that preference.
Thank-you again for this opportunity to engage with the Town Council.
Kind regards
Mike Goddard
Mike Goddard Goddard Planning 32-33 Watling Street Canterbury CT1 2UD 01227 643045 07885 217666
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