Agenda, decisions and minutes

APOLOGY: CLLR KIRA GABBERT

SUBSTITUTE:  CLLR SIMON FAWTHROP

An apology for absence had been received from Councillor Kira Gabbert and Councillor Simon Fawthrop attended as her substitute.

ITEM 4.9 CLLR TONY OWEN – NON-PECUNIARY

Councillor Tony Owen declared a non-pecuninary interest in Item 4.9 as he was an acquaintance of a neighbour of the applicant;  he did not speak to the application or vote.

CONFIRMED

RESOLVED that the Minutes of the meeting held on 20 September 2018 be confirmed.

PERMISSION SUBJECT TO SECTION 106 AGREEMENT

Description of application – Retention of the basement, ground and part of first floor for (A1) retail use and change of use of part of first floor (A1), second floor retail use (A1) and third floor office use (B1) to residential use (C3), including extension of third floor and two new additional floors above to provide 51 residential apartments and a resident's gym (at second floor level), together with alterations to the sub-basement car park to provide residential car/cycle parking and refuse storage. Associated external alterations.

The following errors in the Chief Planner’s supplementary report were reported:-

Page 4, under bullet point heading, ‘Construction Method Statement and Structural Feasibility Report’, the paragraph should be amended to read:-

‘These 2 documents set out the outline method of construction of the building and consider the capability of the existing building to support new loading from the additional extensions and alterations to the façade to provide window openings. The report concludes that the proposed layout can be achieved with the addition of steel grillages.’

Page 27, the sentence on the bottom line of page 27 and top line of page 28 should be deleted.

Members having considered the report and objections, RESOLVED that PERMISSION BE GRANTED, SUBJECT TO THE PRIOR COMPLETION OF A SECTION 106 AGREEMENT RELATING TO CAR CLUB MEMBERSHIP, CARBON OFFSET CONTRIBUTION AND TRANSPORT CONTRIBUTION, as recommended, and subject to the conditions and informatives set out in the report of the Chief Planner with amendments to Conditions 2 and 4 and two further conditions to read:-

“2. The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

Plans

5826 A930  P5 Location Plan

5826 A931  P7 Site Plan

5826 L100  P7 Sub-Basement Proposed Layout

5826 L101  P7 Basement Proposed Layout

5826 L102  P7 Ground Proposed Layout

5826  L103  P7 First Proposed Layout

5826 L104  P7 Second Proposed Layout

5826 L105  PZ2 Third Proposed Layout

  5826   L106  PZ2 Fourth Proposed Layout

  5826   L107  PZ2 Fifth Proposed Layout

5826  L108   PZ2 Sixth Proposed Layout

5826  L201/1 PZ2  Proposed Elevation South

5826  L201/2 PZ2  Proposed Elevation North

5826  L200  PZ2  Proposed Elevation High Street

5826  L202  PZ3  Proposed Elevation Tetty Way

5826  A220  PZ2 Proposed Sections -Section 2-2

5826  A221  PZ2 Proposed Sections -Section 1-1 &3-3

5826  A221-2 PZ2  Proposed Sections -Section 5-5

5826  A230/1 ZP2 Proposed 3D Model View 1

5826  A230/2 ZP2 Proposed 3D Model View 2

5826  A230/3 ZP2 Proposed 3D Model View 3

5826  A231/4 ZP2 Proposed 3D Model View 4

5826  A231/5 ZP2 Proposed 3D Model View 5

5826  A231/6 ZP2 Proposed 3D Model View 6

Illustrative CGI Existing and Proposed View North from High Street rec 20.7.18

Illustrative CGI  Existing and Proposed View South from High Street rec

20.7.18

 Illustrative CGI Existing and Proposed View East from Church Gardens rec 20.7.18

4852 A_901 Rev P6 - Sub-Basement Floor Plan Existing

4852 A_902 Rev P6 - Basement Floor Plan Existing

4852 A_903 Rev P6 - Ground Floor Plan Existing

4852 A_904  ...  view the full minutes text for item 17.1

PERMISSION

Description of application – Loft conversion with hipped barn roof alteration with rooflights to front and addition of dormer to rear.

Oral representations in support of the application were received at the meeting.  It was reported that the site was not in an Area of Special Residential Character.

Members having considered the report, objections and representations, RESOLVED that PERMISSION be GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner with a further condition to read:-

“4.  Before the development hereby permitted is first occupied, the proposed window at second floor level in the north-western flank elevation and in the flank elevation of the dormer shall be obscure glazed to a minimum of Pilkington privacy Level 3 and shall be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed, and the window shall subsequently be permanently retained in accordance as such.

REASON: In the interests of the amenities of nearby residential properties and to accord with Policy BE1 of the Unitary Development Plan.

PERMISSION

Description of application – Single storey rear/side extension, hip to gable conversion with rear dormer for attic conversion, relocation front door and new front entrance and window alterations, railings and gates.

Oral representations in support of the application were received at the meeting.

Members having considered the report, objections and representations, RESOLVED that PERMISSION be GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner with two further conditions to read:-

“6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking and re-enacting this Order) no change of use of any kind permitted by Class L (Houses of Multiple Occupation) of Part 3 of Schedule 2 of the 2015 Order (as amended), shall be undertaken within the curtilage of the dwelling without the prior approval in writing of the Local Planning Authority.

REASON: To enable the Council to consider future development at the site in the interest of local amenity, in accordance with policies BE1 and H11 of the Unitary Development Plan.

7.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking and re-enacting this Order) no building, structure or alteration permitted by Classes A, B, C, D and E of Part 1 of Schedule 2 of the 2015 Order (as amended), shall be erected or made within the curtilage(s) of the dwelling(s) hereby permitted without the prior approval in writing of the Local Planning Authority. 

REASON: In the interest of the amenities of nearby residential properties and to prevent an overdevelopment of the site and to accord with Policies BE1 and H8 of the Unitary Development Plan (2006).”

DEFERRED WITHOUT PREJUDICE

Description of application – Single storey side/rear and two storey side/rear extensions with loft conversion.

The report published with the original agenda was replaced by a report published with a supplementary agenda on 7 November 2018.Three further objections to the application had been received, one in relation to parking and traffic congestion.

Ward Member, Councillor Mark Brock, acknowledged there had been an improvement on the previous application and his view was that the proposed design was unsympathetic, out of character with the street scene and would set a precedent.  The Chairman agreed with Councillor Brock also objected to the application.

Members having considered the report and objections, RESOLVED that THE APPLICATION BE DEFERRED, without prejudice to any future consideration, to move the front entrance to the side.

PERMISSION

Description of application – Part one/two storey front, first floor side/rear extension, rear dormer and alterations to the front elevation.

Members having considered the report and objections, RESOLVED that PERMISSION be GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner.

PERMISSION

Description of application – Demolition of existing building and erection of a new two storey building to be used as a data/records processing/management centre (use class B1/B2/B8).

Members having considered the report, RESOLVED that PERMISSION be GRANTED as recommended, subject to the conditions and informatives set out in the report of the Chief Planner with a further condition to read:-

“20. Details of arrangements for storage of refuse and recyclable materials (including means of enclosure for the area concerned where necessary) shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of above ground works and the approved arrangements shall be completed before any part of the development hereby permitted is first occupied, and permanently retained thereafter.

REASON: In order to comply with Policy BE1 of the Unitary Development Plan and in order to provide adequate refuse storage facilities in a location which is acceptable from the residential and visual amenity aspects.”

PERMISSION

Description of application - Demolition of existing dwelling and erection of a three storey building comprising 8 two bedroom and 1 three bedroom flats with associated parking, amenity space, refuse/cycle store and landscaping OUTLINE APPLICATION.

Oral representations in support of the application were received at the meeting.  A further objection to the application and comments from Environmental Health had been received and circulated to Members.

Members having considered the report, objections and representations, RESOLVED that PERMISSION be GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner with replacement Conditions 1 and 15 an amendment to Condition 5 and two further conditions and informatives to read as follows:-

“1.  (a)  In the case of any reserved matter, application for approval must be  not later than the expiration of three years beginning with the date of the grant of this outline planning permission.

(b)  The development to which this permission relates must be commenced not later than whichever is the later of the following dates:-

(i)  The expiration of three years from the date of the grant of this outline  planning permission.

(ii)  The expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

REASON:  As required by Section 92 of the Town and Country Planning Act 1990.

5.  Prior to commencement of development (excluding demolition) details of the proposed slab levels of the building(s), the proposed height of the main roof ridge and the existing site levels shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed strictly in accordance with the approved levels.

REASON: Required prior to commencement in order to ensure that a

satisfactory form of development can be undertaken on the site in the

interest of visual amenity and to comply with Policy BE1 of the Unitary

Development Plan.

15.  Before the commencement of development, details of biodiversity enhancements as set out in the recommendations within the Preliminary Ecological Appraisal and the Bat Building Assessment, including the suggested biodiversity enhancements and bat boxes, shall be submitted to and approved in writing by the Local Planning authority prior to commencement of development and shall be included within construction works and permanently retained at the site thereafter.

REASON: In order to comply with Policies NE5 and NE7 of the Unitary Development Plan and in order to preserve and enhance the biodiversity value of the site.

16.  There shall be full compliance with all acoustic mitigation measures KR06252 (KR Associates (UK) Ltd; 28^th March 2018) including but not limited to construction and sound reduction of building elements, acoustic rated door, and mitigations specified in section 6. The mitigation measures shall be installed in full prior to the use commencing and shall remain in place permanently thereafter, as long as the use continues. Use of the premises shall not commence until validation  ...  view the full minutes text for item 17.7

DEFERRED WITHOUT PREJUDICE TO BE CONSIDERED UNDER SECTION 2 OF THE AGENDA OF A FUTURE PLANS SUB-COMMITTEE

Description of application – Variation of Condition 13 pursuant to permission ref. 17/05868 to permit the linking of Units 3a and 3b.

Oral representations in support of the application were received.  Oral representations from Councillor Colin Hitchins in support of the application were received at the meeting.

It was reported that the application had been amended by documents received on 14 November 2018 which had been circulated to Members and that no objections to the application had been received.

Emails from Councillor Angela Page, a previous Member for Cray Valley East Ward, and Councillor Colin Hitchens dated 13 November 2018, had been received in support of the application and circulated to Members.

An email from Ward Member, Councillor Chris Pierce, dated 13 November 2018, had been received which stated that he and his fellow Ward Members, Councillors Yvonne Bear and Harry Stranger, all supported of the application.

Councillor Hitchens spoke on behalf of the Members for Cray Valley East and Cray Valley West Wards and supported the application.  He reported that over a twelve day period 1,200 customers had signed a petition in support of the application.  The creation of an internal link between the units would enhance customers’ shopping experiences although involve a reduction in floor space.

Councillor Charles Joel referred to the history of the site and supported the proposed development that would allow customers to make purchases from both units without having to exit the store and was in favour of deferment.

Councillor Simon Fawthrop also supported the application.

The Chairman suggested that if permission were granted in the future a personal condition should be imposed to ensure the store be reverted to two units on the vacation of the applicant.

Members having considered the report, objections and representations, RESOLVED that THE APPLICATION BE DEFERRED, without prejudice to any future consideration, TO ASSESS THE UNILATERAL UNDERTAKING AND PLANNING CONDITION PUT FORWARD BY THE APPLICANT and to be considered under Section 2 of the agenda of a future Plans Sub-Committee.

REFUSED

Description of application – Conversion of existing garage to form habitable space, single storey rear extension, first floor rear/side extension to incorporate juliet balcony and raised gable roof.

An email and photograph had been received from the agent and circulated to Members.

Councillor Fawthrop objected to the application that would create a terracing effect as there were no other examples of this type of terracing in the Area of Special Residential Character.  Councillor Brock also objected to the application.

Members having considered the report and objections, RESOLVED that PERMISSION BE REFUSED as recommended, for the reasons set out in the report of the Chief Planner with a further reason to read:-

3.  The proposals would create an unacceptable terracing effect which would have a detrimental impact on the character and spatial standards of Petts Wood Area of Special Residential Character, thereby contrary to Policies H9 and H10 of the Unitary Development Plan, and Draft Policies 8 and 44 of the emerging Local Plan.