Agenda and Decisions and Minutes

Apologies for absence were received from Cllrs Leslie Hills and Michael Wenban.  Cllrs Bronwen McGarrity and Patricia Oakeshott attended as their respective substitutes.

The minutes of the meetings held on 14 April and 19 April 2010 were signed by the Chairman.

Cllr Alex Moore declared a personal interest in application GR/2010/0145 - Land between 28 & 29 Scratton Fields, Cobham, Kent as he has been involved in the details of this application and made a comment at a public meeting.  Cllr Moore left the Chamber and took no part in the determination of this application.

Resolved that application GR/2010/0009 be DEFERRED for further negotiations.

Further to the site inspection held on 15 May 2010, the Board considered application GR/2010/0009 for the demolition of existing buildings and erection of a building over six levels (2 to 5 storeys high) to provide 73 sheltered housing units comprising 42 one bedroom and 31 two bedroom units with restaurant/bistro and other ancillary facilities.

Resolved that application GR/2010/0009 be DEFERRED for further negotiations.

Resolved that application GR/2010/0111 be PERMITTED.

The Board considered application GR/2010/0111 for the continued use of private car park as a public 'pay and display' car park and an extension from 107 spaces to 161 car parking spaces.

Resolved that application GR/2010/0111 be PERMITTED subject to:-

(1)        the use hereby permitted as a public ‘pay and display’ car park shall cease no later than four years from the date of permission; 

(2)        the development hereby permitted shall be carried out only in precise accordance with the approved details, plans and specifications and there shall be no deviation therefrom without the prior permission, in writing, of the Local Planning Authority.

INFORMATIVES

1.         Reasons for grant of permission.

(1)        Having regard to all relevant material planning considerations, permission has been granted because, subject to compliance with the planning conditions, the development would not materially harm any interest of acknowledged importance.  

(2)        The decision has been taken having regard to the policies and proposals of the development plan, principally:

Gravesham Local Plan (First Review) 1994:

Policy P1: Public Car Parking in Central Gravesend

Policy P2: Car Parking Pricing Policy

2.         Approved Drawings.

For the avoidance of doubt the approved drawings are:

Red line site boundary plan (Scale 1:1250)

Drawing No GA-050 (Proposed Site Plan)

3.         Works of Construction Informative.

Resolved that application GR/2010/0112 be DEFERRED for negotiations.

The Board considered application GR/2010/0112 for the part retention and part erection of 5 metre high netting on metal poles along boundary to the playing field and rear gardens of Alanbrooke.

Resolved that application GR/2010/0112 be DEFERRED for negotiations.

Note:   (1)        Teja Biring, agent for the applicant, addressed the Board.

Resolved that application GR/2010/0145 be PERMITTED.

The Board considered application GR/2010/0145 for the laying out of new hardstanding for five vehicles.

Resolved that application GR/2010/0145 be PERMITTED subject to:-

(1)        the development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted; 

(2)        the development hereby permitted shall be carried out only in precise accordance with the approved details, plans and specifications and there shall be no deviation therefrom without the prior permission, in writing, of the Local Planning Authority; 

(3)        before the hardstanding hereby permitted is first brought into use, parking prevention measures shall be implemented on the piece of land fronting 29 – 39 Scratton Fields to ensure the inappropriate and unsafe parking on this area ceases; 

(4)        pedestrian visibility splays of 2.0m x 2.0m must be provided at either end of the hard standing before the hard standing is brought into use and no obstruction exceeding 600mm shall be erected or placed within the approved visibility splays; 

(5)        the vehicular crossover to the proposed hardstanding shall be provided in accordance with the requirements and specification of Kent Highways before the hardstanding hereby permitted is first brought into use.

INFORMATIVE:  REASONS FOR GRANT OF PERMISSION

1.                  Having regard to all relevant material planning considerations, permission has been granted because, subject to compliance with the planning conditions, the development would not materially harm any interest of acknowledged importance.  

2.                  The decision has been taken having regard to the policies and proposals of the development plan, principally:

Gravesham Local Plan (First Review) 1994:

Policy V1: Definition of Villages

Policy C4: Policy for Special Landscape Areas

TC1: Design of New Developments

INFORMATIVE: APPROVED DRAWINGS

For the avoidance of doubt the approved drawings are:

Red line site boundary plan (Scale 1:1250)

Drawing No SCRA002 (Proposed Site Plan) REVISED

INFORMATIVE: WORKS OF CONSTRUCTION

Note:   (1)        Cllr Alex Moore left the Chamber and took no part in the determination of this application.

Resolved that subject to the completion of a revised legal agreement application GR/2010/0184 be PERMITTED.

The Board considered application GR/2010/0184 for the renewal of planning permission reference number GR/2005/1110 for erection of distribution centre (Class B8) with ancillary waste management unit and offices; formation of new vehicular accesses onto Crete Hall Road and onto Rosherville Way; erection of refuelling and vehicle wash facilities; formation and laying out of 69 no. trailer parking spaces, 201 no. car parking spaces and overspill car parking area at Former Power Station (Site B), Land South Of Crete Hall Road, Gravesend, Kent.

Resolved that SUBJECT TO the completion of a revised legal agreement application GR/2010/0184 be PERMITTED subject to:-

(1)        the development hereby permitted relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted; 

(2)        with respect to any condition that requires the prior written approval of the Local Planning Authority, the works thereby approved shall be carried out in accordance with that approval and, where appropriate, operated in accordance with that approval once implemented, unless subsequently otherwise approved in writing by the Local Planning Authority; 

(3)        the development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 1110.P(0)1H, 1110.P(0)2, 1110.P(0)10.A and 1110.P(0)11A unless agreed otherwise in writing by the Local Planning Authority and the building shall be operated as a single warehouse and shall not be divided without the prior written consent of the Local Planning Authority; 

(4)        no development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the Local Planning Authority; the development shall be carried out in accordance with the approved details; 

(5)        no plant or equipment shall be erected or placed on the roof of the warehouse building hereby permitted without the prior written permission of the Local Planning Authority;

(6)        no external storage of materials shall take place outside of the building on the open parts of the site; 

(7)        no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of external lighting of the building and open parts of the site.  The lighting scheme shall be completed before the building hereby permitted is occupied.  Thereafter no additional lighting shall be erected on the site or building without the prior written approval of the Local Planning Authority; 

(8)        no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The approved boundary treatment shall be completed before the building is occupied and thereafter be retained; 

(9)        the areas shown on the site layout drawing as vehicle parking (including cars, lorries, trailers and motorbikes), and any vehicle access and manoeuvring space, shall be formed, surfaced, drained and marked out in accordance  ...  view the full minutes text for item 8.

Resolved that application GR/2009/824 be REFUSED and if necessary enforcement action be taken.

The Board considered application GR/2009/824 for the change of use of woodland into residential curtilage and erection of fencing and decking.

Resolved that application GR/2009/824 be REFUSED on the following grounds:-

(1)        the development is contrary to Policy SP5 of the South East Plan (May 2009), Policies GB2 & C18 of the adopted Gravesham Local Plan (First Review) 1994 and Policies RA2 & RA21 of the Deposit Draft Gravesham Local (Second Review) 2000 which include the site within the Metropolitan Green Belt.  Within the Green Belt there is a strong presumption against permitting any new development outside the present defined extent of urban areas and the present built up extent of any village, unless it conforms with the open recreational functions of the Green Belt or is directly related to agriculture and other uses appropriate to a rural area; the proposal does not fall within these categories and therefore constitutes inappropriate development.  In the opinion of the Local Planning Authority, the proposal would be visually obtrusive and introduce decking and the potential for residential paraphernalia, which would urbanise the site and would undermine the open character of the surrounding Green Belt area.  This would seriously prejudice the openness of the Green Belt, contrary to the advice in PPG2 (Green Belts) and the policies of the development plan; 

(2)        the development is contrary to Policies C4 & C5 of the South East Plan (May 2009), Policies C2, C4 and TC10 of the adopted Gravesham Local Plan (First Review) 1994, Policies NE2, NE4 and NE6 of the Deposit draft Gravesham Local Plan (Second Review) 2000 and guidance contained within the Gravesham Landscape Character Assessment (May 2009).  These policies and guidance give long term protection to the countryside, Special Landscape Areas and protected trees and woodlands and will normally give priority to the protection of landscape features over other planning considerations.  In the opinion of the Local Planning Authority the proposal would result in the loss of natural woodland and introduce decking and the potential for residential paraphernalia, which would urbanise the site and undermine the character and appearance of the surrounding woodland area, contrary to the advice in PPS7 (Sustainable Development in Rural Areas) and the policies of the development plan; 

(3)        notwithstanding the planning policy reasons for refusal of the development the deposited plans are in any event inaccurate and incomplete information has been submitted to enable an unbiased and unprejudiced determination to be made.

Further Recommendation: That if the unauthorised development is not removed (decking posts and storage of decking materials), enforcement action be taken requiring:-

(a)        the removal of the decking posts erected and the decking materials stored on the land.

The period of compliance for the works to be undertaken being three months.

Note:   (1)        Mathew Carpenter, applicant for the application, addressed the Board.

Resolved that application GR/2009/0736 be DEFERRED for a Members’ Site Inspection.

The Board considered application GR/2009/0736 for the retention of single storey rear extension to form a kitchen plus construction of pitched roof and retention of the front porch.

Resolved that application GR/2009/0736 be DEFERRED for a Members' Site Inspection to assess the size, scale and bulk of the extension and the impact it has on the surrounding area.

Note:   (1)        Andrew Street, agent for the applicant, addressed the Board.

            (2)        Cllr Narinderjit Singh-Thandi spoke with leave of the Chairman on this item.

Resolved that application GR/2010/0218 be PERMITTED.

The Board considered application GR/2010/0218 for the erection of single storey side extension and construction of two dormer windows in existing and proposed roof slope to form enlarged kitchen, utility room, bedroom, garage and bathroom with a bedroom, ensuite bathroom and walk-in wardrobe in the roof space.

Resolved that application GR/2010/0218 be PERMITTED subject to:-

(1)        the development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted;

(2)        the development hereby permitted shall be carried out in its entirety and in complete accordance with the approved plans and pursuant to any conditions contained hereinafter; 

(3)        all external facing materials of the extension hereby permitted shall match the existing dwelling of 18 Orchard Drive; 

(4)        no development under the provisions of Classes A, B, C or D of Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or not shall be carried out on the dwelling hereby approved without the prior permission in writing of the Local Planning Authority having first been obtained.  For the avoidance of doubt, this includes any proposed extensions, roof additions or alterations, and/or porches; 

(5)        the garage hereby permitted at the premises shall be used only for the parking of a private motor car or cars or for uses ordinarily incidental to the enjoyment of a private dwelling house and no development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or not, shall be carried out on the site in such manner or in such a position as to preclude vehicular access into the garage; 

(6)        before the extension is brought into use a timber fence or other screening approved in writing by the Local Planning Authority shall be erected on or adjacent to the boundary, on the south elevation of the property, and thereafter shall be maintained permanently in place; 

(7)        the first floor rear ensuite window shall be obscure glazed and top hung only at all times.

INFORMATIVES:

1.         Reasons for permission

2.         Works of construction practice

3.         Approved drawings and documents

4.         Party Wall Act 1998 applies in relation to works affecting the adjoining property

Note:   (1)        Objector Alexander Wallace addressed the Board on behalf of his grandmother, Mrs Rose Donohue.

            (2)        Cllr Laura Hryniewicz spoke with leave of the Chairman on this item.

Resolved that subject to any matters arising from consultation responses from the Police (Architectural and Counter Terrorism Unit), Environment Agency, GBC Housing Strategy and Southern Water application GR/2010/0098 be PERMITTED and the application be referred to the Secretary of State, subject to additional conditions and informatives to be imposed under delegated powers by the Service Manager (Development Control).

The Board considered application GR/2010/0098 for the outline application for the phased implementation of Gravesend Transport Quarter Masterplan including (a) Erection of an interchange building providing car park, retail/office units and bus interchange on Barrack Row; (b) Realignment and diversion of Rathmore Road between Wrotham Road and Darnley Road; (c) Erection of residential development on south side of Rathmore Road; (d) Erection of an office development on the west side of Wrotham Road, north of No. 6 with maximum floor space of 234 sq. metres; and (e) Ancillary streetscape, junction and transport interchange improvements including creation of new pedestrianised Civic Square between Civic Centre and Sensory Gardens.

Resolved that SUBJECT TO any matters arising from consultation responses from the Police (Architectural and Counter Terrorism Unit), Environment Agency, GBC Housing Strategy and Southern Water, application GR/2010/0098 be PERMITTED and the application be referred to the Secretary of State, subject to additional conditions, agreements and informatives to be imposed under delegated powers by the Service Manager (Development Control), subject to:-

(1)        the development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters as defined in condition 2 below, whichever is the later.

(2)        (a)        details of the reserved matters set out below shall be submitted to the Local Planning Authority for approval within three years from the date of this permission:-

(i)         erection of an interchange building providing car park, retail/office units and bus interchange on Barrack Row;

(ii)        realignment and diversion of Rathmore Road between Wrotham Road and Darnley Road;

(iii)       erection of residential development on south side of Rathmore Road;

(iv)       erection of an office development on the west side of Wrotham Road, north of No. 6 with maximum floor space of 234 sq. metres; and

(v)        associated landscaping to above developments:-

(b)        the reserved matters shall be carried out as approved.

(c)        approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.

(3)        the use of the business units incorporated into the interchange building shall only be those falling within the use classes A1 (retail) and A3 (Cafes and restaurants) as described  The Town and Country Planning (Use Classes) Order 1987 as amended other than for the sale of tickets for travel and parking, provision of information related to travelling together with ancillary offices and furthermore the amount of space allocated to A1 and A3 uses shall not exceed 50 square metres maximum total floorspace;

(4)        prior to the commencement of any construction including that relating to highway works a study and report providing sufficient information of current and future bus operation related to the ability of a proposed scheme to enable optimum operation of bus services, shall be submitted to the local planning authority for approval and works shall only commence when the details have been approved by the local planning authority in writing.  ...  view the full minutes text for item 12.

Resolved that application GR/2010/0099 be GRANTED Conservation Area Consent.

The Board considered application GR/2010/0099 for Conservation Area Consent for the demolition of 13 Darnley Road, The Lodge, Rathmore Road and front and rear boundary walls of 15 Darnley Road in connection with Gravesend Transport Quarter Masterplan.

Resolved that application GR/2010/0099 be granted CONSENT subject to (as amended at the Council meeting on 22 June 2010):-

(1)        the works hereby permitted shall be commenced before the expiration of three years from the date of this consent;

(2)        prior to the commencement of the demolition hereby permitted a full and comprehensive photographic record of both the exterior elevations and inside of the building to be demolished shall be submitted to the local planning authority for approval, and if approved shall be retained and stored by the local planning authority who shall maintain the photograph record and make it available for public inspection; 

(3)        prior to the commencement of the demolition hereby permitted a schedule of items of architectural salvage shall be agreed with the local planning authority and those items identified shall be retained and passed to the local planning authority for storage and possible use on retained buildings in the Borough; 

(4)        the demolition hereby granted consent shall not commence until such time as a contract is let for the construction of the Rathmore Road re-alignment roadworks. 

INFORMATIVES:

1.         Reasons for permission.

2.         Code of Practice for construction/demolition sites.

3.         Works in the public highway.

Note:   (1)        Objector, Martin McKay, addressed the Board.

• To appoint Members and Substitutes to the Appeals Sub-Committee.

• To appoint a Chairman and Vice Chairman to the Appeals Sub-Committee.

Resolved that an Appeals Sub-Committee be appointed as shown below:-

Cllrs:                D H W Turner (Chairman)

            D Shelbrooke (Vice-Chairman)

            J Loughlin

            Substitutes:     J P Burden

            H Craske

            A Warburton

The Board considered the need to appoint an Appeals Sub-Committee to deal with any appeals against dismissal or disciplinary proceedings by a member of staff.

Resolved that an Appeals Sub-Committee be appointed as shown below:-

Cllrs:                D H W Turner (Chairman)

D Shelbrooke (Vice Chairman)

J Loughlin

            Substitutes:     J P Burden

H Craske

A Warburton

Resolved that the annual report be noted.

As part of the comprehensive review of Gravesham Borough Council's Regulatory Board and planning procedures it was agreed that an annual report be submitted to the Regulatory Board to inform Members of the decisions taken by the Board during the past municipal year.

The Chairman presented the Committee with the Regulatory Board Annual Report 2009/2010.

Resolved that the annual report be noted.

A copy of the schedule has been placed in the democracy web library and also in the Members’ room.

http://www.gravesham.gov.uk/democracy/ecCatDisplay.aspx?sch=doc&cat=13346&path=480,12911

A schedule showing applications determined by the Director (Business) under his delegated powers has been published on the website.</AI12>

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