Agenda and minutes

Planning Committee - Wednesday, 10th July, 2024 7.00 pm

Venue: Council Chamber - Ashford Borough Council. View directions

Contact: Democratic Services 01233 330564  Email:  democraticservices@ashford.gov.uk

Items
No. Item

69.

Declarations of Interest pdf icon PDF 63 KB

To declare any interests which fall under the following categories, as explained on the attached document:

 

a) Disclosable Pecuniary Interests (DPI)

b) Other Significant Interests (OSI)

c) Voluntary Announcements of Other interests

 

See Agenda Item 2 for further details

Minutes:

Councillor

Interest

Application No.

 

Cllr Betty

 

 

 

 

 

 

 

 

 

 

 

 

 

Cllr Blanford

 

 

 

Cllr Brunger-Randall

 

 

 

Cllr Dean

 

 

 

Declared he was the Portfolio Holder for Commercial Property and the estate falls into his remit so he would not be taking part in discussion or voting on the application.

 

Declared he was a member of Brook Parish Council in which capacity he had previously objected to the outline planning application several years ago, before he was a borough councillor. He would speak as Ward Member but would not be taking part in the discussion or voting on the item.

 

 

Declared she knew the vicar of Tenterden for many years but had not discussed the application with him.

 

Declared she was a member of Tenterden Town Council and was also on their planning committee. She did not vote on the application.

 

Announced that he received an unsolicited email from the applicant. He had not read or responded to the email.

 

Following Cllr. Dean’s announcement some other Member also confirmed that they had received the same email and had not read or replied to it.

 

 

PA/2024/0968

 

 

 

 

21/01960/AS

 

 

 

 

 

 

 

 

PA/2024/0320

 

 

 

PA/2024/0320

 

 

 

 

PA/2023/2023

Cllr Mulholland

 

 

 

 

Cllr Spain

 

Declared he was a member of Tenterden Town Council but was not on their planning committee and was not involved in their discussion of the application.

 

Declared the vicar who occupied the vicarage was an acquaintance to him.

 

PA/2024/0320

 

 

 

 

PA/2024/0320

 

 

 

 

 

70.

Public Participation pdf icon PDF 57 KB

To be informed of arrangements made for public participation in the Meeting.

 

See Agenda Item 3 for details.

Minutes:

Registered public speakers had been invited either to address the Committee in person, or to have their speech read out by a designated Council Officer who was not from the Planning Department.  The speeches of the public speakers for the meeting were heard immediately before the consideration of the relevant application below.

 

71.

Minutes

To approve the Minutes of the Meeting of this Committee held on 12th of June 2024 Minutes of the meeting of 12 June 2024

 

Minutes:

Resolved:

 

That the Minutes of the Meetings of this Committee held on 12 June 2024 be confirmed as a correct record.

 

A statement from Councillor Mrs. Clair Bell was read out. She apologised to the Committee and to Councillor Heyes for not transmitting his apologies prior to the start of the previous meeting.

 

72.

Schedule of Applications

72a

PA/2024/0968 - 22 Carlton Business Park, Carlton Road, Ashford, TN23 1EF pdf icon PDF 498 KB

The addition of two first-floor windows to the side elevation.

Minutes:

Resolved

 

Permit

 

Subject to the following Conditions and Notes:

 

(with delegated authority to the Strategic Development and Delivery Manager or Development Management Manager to make or approve changes to the planning conditions (for the avoidance of doubt including additions, amendments and deletions) as she/he sees fit).

 

1.     Standard time conditions (3 Years)

2.     In accordance with approved plans

3.     Materials

 

Informative

1.     Working with the Applicant

 

72b

PA/2024/0710 - Imber, Cheesemans Green Lane, Kingsnorth, Ashford, Kent TN24 0LJ pdf icon PDF 4 MB

Listed Building Consent for removal of two sections of wall and erection new partition wall on first floor, to reduce the size of a shower room.

 

Minutes:

Resolved

GRANT CONSENT

Subject to the following Conditions and Notes:

(with delegated authority to the Strategic Development and Delivery Manager or Planning Applications & Building Control Manager to make or approve changes to the planning conditions (for the avoidance of doubt including additions, amendments and deletions) as he sees fit).

 

1. 3-year standard commencement condition for LBC

 

2. Approved Plans

 

Informative

 

1. Working with the Applicant

 

72c

PA/2024/0631 - Land between The Paddocks and Ashdown Cottage, Church Road, Sevington pdf icon PDF 4 MB

Proposed erection of 3 no. 4 bedroom houses and proposed new access.

Minutes:

Resolved

 

Refuse on the following grounds:

 

  1. The proposed development, by virtue of its location outside the built up confines of Ashford, does not lie within easy walking distance of basic day-to-day services, and would therefore give rise to an unsustainable form of development as the occupiers of the dwellings proposed would be overly-reliant on the private motor car to access everyday services to the detriment of the environment and contrary to Policies SP1 and HOU5 of the Ashford Local Plan 2019 and the NPPF which seek to promote sustainable development in rural areas and avoid isolated homes in the countryside.

 

  1. The application site, by virtue of its location, condition and its relationship with surrounding trees and the rough grassland and scrub, is reasonably likely to provide habitats, for reptiles and Great Crested Newts in particular. The application has failed to demonstrate that protected species would not be adversely affected, or that appropriate mitigation could be secured, contrary to The Wildlife and Countryside Act 1981, as amended, paragraph 98 of Circular 06/2005 ‘Biodiversity and geological conservation – statutory obligations and their impact within the planning system’, Policies HOU5f)vi), ENV1 and ENV3a of the Ashford Local Plan 2019 and paragraph 186a of the NPPF.

 

 

  1. Insufficient visibility splays have been proposed which would fail to provide safe access to the future occupants of the development. As such, the proposed development would have a detrimental impact on highway safety and would not accord with Policies TRA7 and HOU5c) of the Ashford Local Plan 2019, and paragraph 114(b) of the NPPF.

 

  1. The application site is located within an area of archaeological potential, and it cannot be concluded that the proposed development would not have an adverse impact on archaeology, contrary to Policies SP1, criterion e) of HOU5 and ENV13 and paragraph 200 of the NPPF.

 

 

  1. The proposal has failed to demonstrate that wastewater from the proposed dwellings would not add to current problems of increasing nitrogen and phosphorus levels at Stodmarsh Lakes which is a site of international importance and designated as a Special Protection Area, Special Area of Conservation, Ramsar site and Site of Special Scientific Interest. The development would therefore be contrary to the Conservation of Habitats and Species Regulations 2017 (as amended), Policy ENV1 of the Ashford Local Plan 2019 and paragraph 187 of the National Planning Policy Framework which ensure protection of these areas.

 

Informative

 

1. Working with the applicant (refusals)

 

72d

PA/2024/0320 - The Vicarage, Church Road, Tenterden, Ashford, Kent TN30 6AT pdf icon PDF 8 MB

Demolition of Glebe Hall, Glebe Hall shed, and Vicarage garage. Erection of three two-storey detached dwellings with vehicular access from Church Road, associated parking, landscaping, boundary treatments, and construction of a twenty-bay Church car park.

Minutes:

Resolved

 

REFUSE

 

On the following grounds:

 

The proposal is contrary to policies SP6, HOU3a, HOU10, ENV3a, ENV13, ENV14 and COM1 of the Ashford Local Plan 2030; the adopted Landscape Character SPD and Central Government guidance contained in the National Planning Policy Framework and would therefore be contrary to interests of acknowledged planning importance for the following reason/s:

 

  1. The proposed two units on the vicarage garden by virtue of their scale, massing, proximity to each other and also the vicarage itself, would harm an area of land within the town conservation area, which through its openness, makes a significant contribution towards the character and appearance of the conservation area by contributing to the open backdrop of the Grade I listed St Mildred's church. Furthermore, the loss of a significant number of trees to create the new car park and the formalisation of the drive leading to the vicarage would harm an area of land within the conservation area that forms part of the rural back drop to the church. The redevelopment of the small community hall with a residential unit that is greater in terms of its height and massing with an unsympathetically designed 'blank' south facing elevation would harm an area of land within the conservation area that currently affords open views out of the conservation area over the low, discrete building of the hall. The proposal would fail to preserve or enhance the character and appearance of the conservation area. The public benefit of providing 3 houses, the associated socioeconomic benefits and a new car park make a minor contribution and do not outweigh the less than substantial harm.

 

  1. The proposed development would cause less then substantial (albeit at the higher end of less than substantial) on the Grade I listed St Mildred's church. The proposal lies on land forming part of its setting. The loss of openness to the setting created by the scale, massing and intensity of development on the vicarage garden, together with the significant loss of trees to create the new car park, which form part of the rural back drop to this side of the listed church, would harm its setting. The church is enclosed by mostly listed buildings on three sides but on the side with the application site, it has a rural character due to the open character of the vicarage garden and the tree lined drive to the vicarage and wooded boundary with The Glebe beyond which are important to both its setting and also provide a visual historic connection to its rural farmland origins. It thus represents an unsustainable development. The public benefit of providing 3 houses, the associated socioeconomic benefits and a new car park make a minor contribution and do not outweigh the less than substantial harm.

 

  1. The proposed car park would result in the loss of a large section of trees that, due to their location at the edge of the The Glebe open space, with views also from the High Weald National Landscape, have landscape significance  ...  view the full minutes text for item 72d

72e

PA/2023/2023 - The Grange Bungalow and land rear of, Appledore Road, Kenardington, TN26 2LZ pdf icon PDF 2 MB

6 no. bungalows, with associated landscaping, hardstanding and parking following partial demolition of bungalow and changes to fenestration, demolition of 3 no. existing chicken sheds/barns.

 

Minutes:

RESOLVED

 

REFUSE on the following grounds:

 

The proposal is contrary to Policies SP1, SP2, SP6, ENV3a, HOU5 and HOU15 of the Ashford Local Plan 2030, SPD Residential Space & Layout (2011) (External Space) and Central Government guidance contained in the National Planning Policy Framework 2023 and would therefore be contrary to interests of acknowledged planning importance for the following reasons:

 

  1. The proposed development, by virtue of its location does not lie within easy walking distance of basic day-to-day services, and would therefore give rise to an unsustainable form of development, over-reliant on the private motor car to access everyday services to the detriment of the environment and contrary to the core principles of the Local Plan and the NPPF which seek to promote sustainable development in rural areas and avoid isolated homes in the countryside.

 

  1. The proposal by virtue of its scale, siting, design, layout and appearance would create a visually prominent, incongruous and intrusive form of development which fails to satisfactorily integrate with the prevailing character and appearance of the surrounding area causing significant and unacceptable visual harm to the character and appearance of the countryside.

 

 

  1. The proposal would fail to provide private external amenity space of adequate size and usability for plots 2, 4, 5, and 6 and would therefore result in substandard level of residential amenities for the future occupiers.

 

Note to Applicant

 

  1. Working with the Applicant

 

 

Working with the Applicant

 

In accordance with paragraphs 38 of the NPPF Ashford Borough Council (ABC) takes a positive and creative approach to development proposals focused on solutions. ABC works with applicants/agents in a positive and proactive manner by;

 

• offering a pre-application advice service,

 

• as appropriate updating applicants/agents of any issues that may arise in the processing of their application

 

• where possible suggesting solutions to secure a successful outcome,

 

• informing applicants/agents of any likely recommendation of refusal prior to a decision and,

 

• by adhering to the requirements of the Development Management Customer Charter.

 

In this instance the application was considered by the Planning Committee where the applicant/agent had the opportunity to speak to the committee and promote the application.

 

72f

21/01960/AS - Land west of Stonebridge House, Stonebridge, Brook, Kent pdf icon PDF 5 MB

Reserved matters application to consider access, appearance, landscaping, layout and scale pursuant to outline permission 19/00189/AS (Outline planning application for the erection of three dwellings with all matters reserved) including conditions 3 (materials); 4 (details); 6 (parking); 7 (bicycle storage); 11 (walls/fences); 12 (landscaping); 18 (space standards); 19 (refuse); 21 (SUDS) & 22 (sewage)

 

Minutes:

Resolved

 

APPROVE DETAILS

 

  1. Subject to the applicant first entering into a section 106 agreement/undertaking in respect of the identified Stodmarsh mitigation measures, in terms agreeable to the Strategic Development and Delivery Manager or Development Management Manager in consultation with the Director of Law and Governance, with delegated authority to the Strategic Development and Delivery Manager or Development Management Manager to make or approve changes to the planning obligations and planning conditions (for the avoidance of doubt including additions, amendments and deletions) as she/he sees fit; and,

 

  1. Subject to the adoption of an Appropriate Assessment under the Habitats Regulations 2017 (as amended) by the Assistant Director - Planning and Development which identifies suitable mitigation proposals such that, in his view, having consulted the Solicitor to the Council and Natural England, the proposal would not have a significant adverse effect on the integrity of the Stodmarsh SAC, SPA and Ramsar Site alone or in combination with other plans or projects; and with delegated authority to the Planning Applications & Building Control Manager or the Strategic Development and Delivery Manager, in consultation with the Solicitor to the Council, to enter into a section 106 agreement/undertaking to add, amend or remove planning obligations and/or planning conditions as they see fit to secure the required mitigation and any associated issues relating thereto; and,

 

 

  1. Subject to planning conditions and notes, including those dealing with the subject matters identified below, (but not limited to that list) and those necessary to take forward stakeholder representations, with wordings and triggers revised as appropriate and with any ‘pre-commencement’ based planning conditions to have been the subject of the agreement process provisions effective 01/10/2018

 

Conditions

 

1. Compliance with approved plans

2. Carports kept open with no garage doors inserted

 

Notes to Applicant

1. Working with the Applicant

 

72g

PA/2024/0220 - Missingham Farm Buildings, Pilgrims Way, Brabourne, Ashford, Kent, TN25 5LU pdf icon PDF 3 MB

Erection of a detached dwelling, outbuildings, parking and landscaping following the demolition of existing buildings.

Minutes:

Resolved

PERMIT

 

A.      Subject to the applicant submitting information to enable an Appropriate Assessment under the Habitats Regulations to be adopted by the Assistant Director - Planning and Development which identifies suitable mitigation proposals such that, in their view, having consulted the Solicitor to the Council & Monitoring Officer and Natural England, the proposal would not have a significant adverse effect on the integrity of the Stodmarsh SAC, SPA and Ramsar Site; and with delegated authority to the Planning Applications and Building Control Manager or the Strategic Development and Delivery Manager to add, amend or remove planning obligations and/or planning conditions as they see fit to secure the required mitigation and any associated issues relating thereto; and,

B.     Subject to the applicant first entering into a section 106 agreement/undertaking in respect of the identified Stodmarsh mitigation measures, in terms agreeable to the Strategic Development and Delivery Manager or Development Management Manager in consultation with the Director of Law and Governance, with delegated authority to the Strategic Development and Delivery Manager or Development Management Manager to make or approve changes to the planning obligations and planning conditions (for the avoidance of doubt including additions, amendments and deletions) as she/he sees fit; to include a condition requiring retention of the open nature of landscaping to the front of the property, and a condition requiring rainwater harvesting measures.

 

 

Note to Applicant

1. Working with the Applicant

 

Update Report 10/7/24

Minutes for this meeting pdf icon PDF 110 KB