Agenda and minutes

Apologies were received from Councillors Jill Bayford & Garner, in their place were Councillors Austin and Wallin.

To receive any declarations of interest.  Members are advised to consider the advice contained within the Declaration of Interest advice attached to this Agenda.  If a Member declares an interest, they should complete the Declaration of Interest Form

Councillor Wing declared a significant interest in item 4I - (FH/TH/22/0271) as it was her home address that she was seeking to build an extension on.

To approve the Minutes of the Planning Committee meeting held on 20^th July 2022, copy attached.

Councillor Albon proposed, Councillor Rusiecki seconded and Members agreed that the minutes of the meeting held on 20 July 2022 be approved as a correct record.

To consider the report of the Deputy Chief Executive, copy attached for Members of the Committee.

Note: Copies of correspondence relating to applications received will be available for members’ perusal in the Members’ Room from 5.00pm on the Friday before the meeting until the date of the meeting.

PROPOSAL: Variation of condition 2 of planning permission for F/TH/18/0238 for the "change of use from retail (class A1) and taxi office (class sui-generis) and associated store rooms to consulting rooms at basement level (use class D1) retail (class A1) and taxi office (class sui-generis) at ground floor level together with a 2 storey rear extension with side and rear dormer windows, balcony to rear at first floor level and alterations to fenestration to facilitate 5No 2 bedroom and 1no 3 bedroom self-contained flats on upper floors" to allow the retention of UPVc windows to the rear elevation, alterations to fenestrations, reduction in size of rear balcony, and retention of rear extension for use as bike store.

Mr Cove spoke in favour of the application.

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted, namely:

That the application be approved for the following reasons:

The development hereby permitted shall be carried out using only the following approved plans:

92/P01 received 15/02/18 (Proposed Basement and Ground Floor)

92/P03 Rev A received 21/07/22 (Proposed First and Second Floor)

92/P03A (proposed third floor and roof plans)

92/P04 received 15/02/18 (Proposed SW Harbour Street Elevation)

92/P05 received 15/02/18 (Proposed SE Side Elevation)

92/P06 A (Proposed Rear Elevation)

92/P07 received 15/02/18 (Proposed Section AA)

92/P08 received 15/02/18 (Proposed Section BB)

GROUND:

To secure the proper development of the area.

The outrigger shall be used for secure cycle parking facilities as shown on drawing number 92/P03 received 21/07/22 and thereafter retained.

GROUND:

In the interests of promoting increased cycling in accordance with policy TP03 of the Thanet Local Plan.

The refuse storage facilities as shown upon the drawing number 92/P03 received on 21/07/22, shall be used for that purpose only and shall be kept available for that use at all times.

GROUND:

To secure a satisfactory standard of development and in the interests of the amenities of the area, in accordance with policy QD03 of the Thanet Local Plan.

Upon being put to the vote, the motion was declared CARRIED.

PROPOSAL: Erection of a single storey front and rear extension

Mrs King spoke on behalf of Mrs Thompson against the application.

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted, namely:

That the application be approved for the following reasons:

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

The development hereby approved shall be carried out in accordance with the submitted drawings numbered 976A received 20 July 2022.

GROUND:

To secure the proper development of the area.

The external materials and external finishes to be used in the extensions hereby approved shall be of the same colour, finish and texture as those on the existing property.

GROUND:

In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT this motion be withdrawn in favour of an alternative proposal:’

It was proposed by Councillor Everitt and seconded by Councillor Albon:

“TO defer to officers to seek amendments to alter the extension from pitched roof to flat roof, and bring back to members for determination.”

Upon being put to the vote, the motion was declared CARRIED.

PROPOSAL: Part retrospective application for replacement window at basement level, replacement and repair to part of balustrading to the rear, installation of door entry systems to front doors and proposed boiler flues to front and rear elevations

Mr Rigden spoke in favour of the application on behalf of Mr Evans.

Councillor Rogers spoke in favour of the application under 20.1 council procedure.

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted, namely:

That the application be refused for the following reasons:

The proposed development, by virtue of the provision, location and arrangement of the external boiler flues and door entry systems and the materiality of the replacement balustrading would form discordant and unsympathetic additions and alterations to the Listed Building, and result in a disorderly and cluttered appearance to the front and rear elevations, which would detract from the significance of the Listed Building and result in severe harm to the special character and appearance of the Pegwell Conservation Area, which is not outweighed by the public benefits of the proposal. The proposal would therefore be contrary to Policies HE02 and QD02 of the Thanet Local Plan and paragraphs 130, 197 and 202 of the National Planning Policy Framework.

Upon being put to the vote, the motion was declared LOST.

It was proposed by the Chair and seconded by the Councillor Moore:

‘THAT the application be approved as members consider the works would not affect the Pegwell conservation area and the building is subject to safeguarding conditions going forward’

Upon being put to the vote, the motion was declared CARRIED.

PROPOSAL: Part retrospective application for Listed Building Consent for replacement window at basement level, replacement and repair to part of balustrading to the rear, installation of door entry system to front doors and proposed boiler flues together with internal alterations including the insertion of internal partitions to create en-suite bathrooms to third floor flats

Mr Rigden declined to speak again as he felt like he would be repeating himself from the statement of R07.

Councillor Rogers spoke again under 20.1 of the council procedure in favour of the works.

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted namely:

That the application be refused for the following reasons:

The retrospective and proposed works to replace part of balustrading to the rear, installation of door entry systems to front doors, installation of boiler flues to front and rear elevations, internal alterations including the insertion of internal walls to provide en-suites and replacement of lathe and plaster with plasterboard and skim would result in the loss or disruption of original historic fabric, and form discordant and unsympathetic additions and alterations which poorly relate to the host building and disrupt the historic layout of the internal space. The proposal would therefore cumulatively significantly detract from, and result in severe harm to, the significance of the Grade II heritage asset, which is not outweighed by public benefits, contrary to Policy HE03 of the Thanet Local Plan and paragraphs 197, 199, 200 and 202.

Upon being put to the vote, the motion was declared LOST.

It was proposed by the Chair and seconded by Councillor Austin:

‘THAT the application be approved as members consider that the harm resulting from the development would be outweighed by the public benefits from securing the optimum viable use through the full extent of the works, subject to safeguarding conditions.’

Upon being put to the vote, the motion was declared CARRIED.

The Chair adjourned for 5 minutes following the conclusion of this item.

PROPOSAL: Change of use from retail (Use Class E(a)) to a digital

technology and education campus (Use Class F1a) with

ancillary cafe facilities and co-working / studio space, cycle

storage, refuse storage together with installation of plant at roof

level, and elevational refurbishments

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted namely:

That the application be approved for the following reasons:

1.  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2.   The proposed development shall be carried out in accordance with the submitted application and the approved drawings numbered 08695 LEP-SC-00-DR-A-20015 PA02(received 23/06/22), 08695-LEP-SC-01-DR-A-20016 Revision PA02 (received 23/06/22), 08695-LEP-SC-02-DR-A-20017 Revision PA02 (received 23/06/22), 08695-LEP-SC-03-DR- A-20018 Revision PA02 (received 23/06/22), 08695-LEP-SC-04-DR-A-20019 Revision PA02 (received 23/06/22) and 08695-LEP-SC-XX-DR-A-20035 Revision PA02 (received 23/06/22)

GROUND:

To secure the proper development of the area.

3.  The use hereby permitted shall only be carried out between the hours of 6am and 11pm on any given day.

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

4.  All external roof top mechanical plant hereby permitted shall only be operated between the hours of 7am and 11pm on any day.

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

5.  Noise from the running/operation of any mechanical plant shall not exceed at the façade of the nearest noise sensitive receptors: 44 dB LAr (day-time) / 45 dB LAr (up to 20.00 hrs) and 39 dB LAr (20.00 to 23.00hrs). All measurements shall be defined and derived in accordance with BS4142: 2014

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

6.   An acoustic assessment of compliance with condition 5 shall be submitted to the Local Planning Authority no later than two months after commencement of the operation of the development hereby permitted.

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

7.   The area shown on ground floor plan 08695-LEP-SC-00-DR-A-20015 PA01 adjacent to ground floor windows to the High Street elevation shall be kept unobstructed of any internal structures to maintain views into the building.

GROUND:

To maintain an active frontage and avoid visual fragmentation of the retail area to the detriment of the character of the area and the vitality and viability of the town centre, in accordance with Policies QD02 and E04 of the Thanet Local Plan.

Upon being put to the vote, the motion was declared  ...  view the full minutes text for item 4e

PROPOSAL: Erection of new timber pergola to outside seating area.

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted, namely:

That the application be approved for the following reasons:

1.  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2.   The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawings numbered 22-034-SGB-002A, 22-034- SGB-003A and 22-034-SGB-004A, received on 20th June 2022.

GROUND:

To secure the proper development of the area.

3.  The pergola roof hereby permitted shall be constructed using a red/brown felt inaccordance with drawing nos. 22-034-SGB-002A and 22-034-SGB-003A received on 20^th June 2022 unless otherwise agreed in writing by the Local Planning Authority.

GROUND:

In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

Upon being put to the vote, the motion was declared CARRIED.

PROPOSAL: Retrospective application for the change of use of garage to

ancillary living accommodation and garage.

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted namely:

That the application be accepted for the following reasons:

1.  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2.   The development hereby approved shall be carried out in accordance with the submitted drawings numbered 05042_MH02 received 10 June 2022.

GROUND:

To secure the proper development of the area.

3.  The annexe hereby approved shall be used as ancillary accommodation, incidental to the enjoyment of the main dwelling house.

GROUND:

To ensure that an independent residential use is not created that would fall below the Nationally Described Space Standards identified within Policies QD03 and QD04 of the Thanet Local Plan, and to safeguard the character, appearance and pattern of development of the area, in accordance with Policies QD02 and paragraph 130 of the National Planning Policy Framework.

Upon being put to the vote, the motion was declared CARRIED.

PROPOSAL: Change of use from agricultural land to residential garden in

association with 4 Downbarton Farm Cottages

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted namely:

That the application be approved for the following reasons:

1.  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2.  The development hereby approved shall be carried out in accordance with the submitted drawings numbered AB/294/002 Rev a received 31 May 2022.

GROUND:

To secure the proper development of the area.

3.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), no outbuildings shall be erected on the land subject to this application hereby approved without the prior written permission of the Local Planning Authority.

GROUND:

To safeguard the character and appearance of the countryside and the landscape character area, and residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policies QD02, QD03, SP24 and SP26 of the Thanet Local Plan.

4.  If, during development, significant contamination is suspected or found to be present at the site, then works shall cease, and this contamination shall be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority. The approved works shall be implemented within a timetable agreed by the Local Planning Authority and shall be of such a nature as to render harmless the identified contamination given the proposed end use of the site and surrounding environment, including controlled waters. Prior to first occupation/use and following completion of approved measures, a verification report shall be submitted to the Local Planning Authority for approval.

GROUND:

To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

Upon being put to the vote, the motion was declared CARRIED.

The Chair paused proceedings briefly and Councillor Wing left the meeting just before the discussion of this item.

PROPOSAL: Erection of first floor extension to rear elevation with new

walkway and roof terrace, together with railings to front elevation and alterations to existing outbuilding.

It was proposed by the Chair and seconded by the Vice Chair:

‘THAT the officer’s recommendation be adopted namely:

That the application be refused for the following reasons:

The proposed high level walkway and first floor roof terrace, by virtue of their prominent location, height and design, would create an alien feature that is architecturally unrelated to the size and scale of the existing building, and detracts from the visual amenities of the locality, resulting in harm to the significance of the conservation area, and the character and appearance of the area, contrary to Policies SP35, HE02 and QD02 of the Thanet Local Plan and the NPPF.

 The proposed rear extension and balcony by virtue of their excessive depth, height and bulk, and orientation to/relationship with the adjoining buildings, would result in an unacceptable degree of overshadowing, subsequent loss of daylight and the creation of a sense of enclosure; detrimental to the amenities enjoyed by the occupiers thereof, contrary to Policy QD03 of the Thanet Local Plan and paragraph 130 of the NPPF.

The proposed high level walkway and roof terrace, by virtue of its height, location, proximity to and relationship with adjacent neighbouring properties, would result in an unacceptable degree of overlooking and subsequent loss of privacy to those properties, as well as an increased levels of noise and disturbance to nearby habitable bedroom windows, severely detrimental to the amenities enjoyed by the occupiers thereof, contrary to Policy QD03 of the Thanet Local Plan and paragraph 130 of the NPPF.

Upon being put to the vote, the motion was declared CARRIED.