Agenda and draft minutes

The Chairman welcomed the Council’s new Principal Planner, Jim Wilson, who was observing the meeting.

Apologies for absence were submitted on behalf of Councillors Butterfill, Harman, Nicklen, Oliver and Peters.

To receive declarations of interest from Members including the terms(s) of the Grant of Dispensation (if any) by the Audit Board or Chief Officer & Director of Corporate Services.

There were no declarations of interest.

The Development Control Board considered the minutes of its meeting held on 16 February 2023.           

RESOLVED:

That the minutes of the meeting of the Development Control Board held on 16 February 2023 be confirmed as an accurate record.

There were no references from other committees.

There were no urgent items.

Proposal:

Change of use of ancillary storage buildings associated with 82 London Road to self contained storage facility (Class B8)

Recommendation:

Approval

The Development Control Board considered a planning application for a change of use of ancillary storage buildings associated with 82 London Road to a self- contained storage facility (Class B8 use). The current lawful use of the site was ancillary storage to the main use of no. 82 London Road and the main change would be that the storage use becomes independent of, and no longer tied to, the commercial/retail unit at 82 London Road. There were no proposed changes to the existing buildings and the yard would also be retained in its current form with no extensions to the site area or physical alterations to the site or buildings.

The Development Manager drew attention to a representation received from Councillor Oliver, as a local Ward Member, opposing the application.

Members were addressed by Amanda Silvester, who spoke against the application, and the Democratic Services Manager read out a written statement from the applicant, Oleg Kuprisov, in support of the application.

Members considered the merits of the application and the contents of the report at some length. Members noted that approval of the application would enable the Council to apply conditions to regulate the use of the site and the undertakings given by the applicant, notably around the future use of the site for storage only, parking and willingness to accept the proposed hours of operation. It was felt that granting the application would enable the Council to regulate the use of the site, and to take enforcement action should the conditions not be observed, which should mitigate the impact on local residents and would represent an improvement over unauthorised operation of the premises. However Members also expressed concerns over what could be stored on site and, given the proximity of residential properties, felt that inflammable and hazardous materials should not be stored. It was proposed that an additional informative should be added regarding the non-storage of hazardous materials and to encourage regular inspection of the premises by the fire service. Members also felt that the proposed hours of permitted operation should start from 8.00am rather than 7.30am on weekdays, which was considered to be too early in a predominantly residential street.

            RESOLVED:

That the application be approved, subject to conditions contained in the report and for the reasons specified therein, but with an amendment to condition 8 altering the opening time from 7.30am to 8am Monday to Friday and an additional informative to discourage the storage of flammable materials and advise on the safety requirements with a recommendation to encourage regular visits from Kent Fire and Rescue.

Revised condition:

08        There shall be no active use of the site, including loading or unloading (with the exception of the ongoing storage of items) outside the hours of 8am to 7pm Mondays to Fridays and 9am to 5pm on Saturdays with no access on Sundays or Bank Holidays except in case of emergency or unless otherwise agreed in writing by or on behalf of the Local Planning Authority.

Reason: To avoid  ...  view the full minutes text for item 70.

Proposal:

Outline Planning Permission DA/18/01074/OUT as amended by DA/20/00746/VCON for the erection of an 8-form entry secondary school, up to 140 residential dwellings in total across 2 sites and provision of 19 ha of public open space. Amendment of Condition 2 (approved drawings) to provide a revised Parameters Plan which changes the boundaries to the two areas shown as 'New Residential Development'

Recommendation:

Approval

The Development Control Board considered an application to vary Condition 2 (approved drawings) of the Outline Planning permission DA/18/010174/OUT, as amended by DA/20/00746/VCON, for the erection of an 8-form entry secondary school, up to 140 residential dwellings in total across 2 sites and provision of 19 ha of public open space. The variation to Condition 2 would include issuing a revised Parameters Plan, setting out the boundaries for the school, public open space and residential development now that the detailed layout for the residential parcels had been finalised, involving changes the boundaries to the two areas, RS1 and RS2, shown as ‘New Residential Development.’ The main changes proposed in relation to RS1 were the inclusion of a narrow strip of land to the north adjacent to the Rugby Club boundary and a small parcel of land to the south adjoining the existing roundabout, along with some other very minor adjustments. The main changes to RS2 involved straightening the northern boundary and the inclusion of a strip of land adjacent to the London Road boundary. These changes would result in the issuing of a new planning permission, although the time limits for development would remain the same.

Members considered the merits of the application and the contents of the report.

The Development Manager provide clarification over the recommendations contained in the report, that delegated authority should be given to her to add, delete or amend conditions where this was deemed necessary, particularly given the concurrent application from the same applicant relating to reserved matters for the development.

            RESOLVED:

That variation of Condition 2 (approved drawings) of the Outline Planning permission DA/18/010174/OUT, as amended by DA/20/00746/VCON, be approved for the reasons set out in the report, and subject to the conditions and informative contained therein, with delegated authority given to the Development Manager to add, amend or delete the conditions attached to the new planning permission where deemed necessary in response to the approval of the concurrent reserved matters application 22/00552/REM and any other conditions that may have already had details agreed.

Proposal:

Reserved Matters approval (Appearance, Landscaping, Layout and Scale), pursuant to Condition 1 to provide 140 residential dwellings (Use Class C3) and associated works including internal road network, landscaping, utilities and drainage infrastructure, car and cycle parking and waste storage and also including details required by Conditions 42 (land levels RS1), 44 (surface water drainage RS1) , 48 (ecological enhancements RS1), 49 (materials RS1), 50 (noise assessment RS1), 51 (car parking RS1), 52 (hard and soft landscaping RS1), 53 (cycle parking RS1), 55 (travel plan RS1), 72 (land levels RS2), 74 (surface water drainage RS2), 78 (ecological enhancements RS2), 79 (materials RS2), 80 (noise assessment RS2), 81 (hard and soft landscaping RS2), 82 (car parking RS2) and 86 (travel plan RS2) of Outline Planning Permission (LPA Ref: DA/20/00746/VCON).

Recommendation:

Approval of reserved matters

The Development Control Board considered an application for the approval of reserved matters pertaining to outline planning permission DA/20/00746/VCON. The application site comprised two discrete land parcels measuring 2 hectares and 1 hectare, referred to as Residential Site 1 (RS1) and Residential Site 2 (RS2) respectively, which were part of a larger 26 hectare site granted outline planning permission in 2019 for an 8 form secondary school, provision of 19 hectares of public open space and up to 140 residential dwellings in total across 2 residential sites. Reserved Matters approval (Appearance, Landscaping, Layout and Scale) was being sought, pursuant to Condition 1 to provide 140 residential dwellings (Use Class C3) and associated works including internal road network, landscaping, utilities and drainage infrastructure, car and cycle parking and waste storage and also including details required to be submitted as part of the reserved matters by Conditions 42 (land levels RS1), 44 (surface water drainage RS1) , 48 (ecological enhancements RS1), 49 (materials RS1), 50 (noise assessment RS1), 51 (car parking RS1), 52 (hard and soft landscaping RS1), 53 (cycle parking RS1), 55 (travel plan RS1), 72 (land levels RS2), 74 (surface water drainage RS2), 78 (ecological enhancements RS2), 79 (materials RS2), 80 (noise assessment RS2), 81 (hard and soft landscaping RS2), 82 (car parking RS2) and 86 (travel plan RS2).

Members considered the merits of the application, the contents of the report and the circulated update.

The Development Manager clarified the recommendations regarding delegated authority, contained in the report, to confirm that the Board was being asked to give her delegated authority to deal with the matters contained in recommendations 1, 2 and 3.

            RESOLVED:

That reserved matters approval in relation to outline planning permission DA/20/00746/VCON be granted for the reasons set out in the report and subject to:

1.         Delegated authority being given to the Development Manager for resolution of matters relating to SUDS in consultation with KCC;

2.         Delegated authority being given to the Development Manager to approve the Public Path Diversion Order 2023 for PROW DR9 (Part);

3.         Delegated authority being given to the Development Manager to secure details of tree protection measures for residential site 2; and

4.         The conditions and informatives contained in the main report.

To consider delegated decisions taken during the period:

02/02/2023 to 29/03/2023

Members received, for information, a report on the decisions taken under delegated powers for the period 2 February 2023 to 29 March 2023. The Chairman noted the comprehensive nature of the decisions taken under delegated powers and the Council’s continuing good track record in defending appeals.

                        RESOLVED:

That the report be noted.

The Development Control Board noted that the Chairman, Councillor  D E Hunnisett, and Councillor T A Maddison, both long serving Members of the Board, were not seeking re-election at the forthcoming local government elections and that this would be their last meeting of the Board.

Members paid tribute to the contribution made by Councillor Hunnisett during his many years as Chairman of the Board, and to Councillor Maddison, and sent them their best wishes for the future. The Development Manager also recorded thanks on behalf of Council officers who had worked with both councillors over many years.

            RESOLVED:

That the vote of thanks be noted.