Agenda for Planning and Licensing Committee on Tuesday, 19th December, 2017, 7.00 pm

Agenda and minutes

Venue: Council Chamber - Civic Centre, Folkestone

Contact: Kate Clark 

Media

Items
No. Item

38.

Declarations of Interest

Members of the committee should declare any interests which fall under the following categories*:

 

a)    disclosable pecuniary interests (DPI);

b)    other significant interests (OSI);

c)     voluntary announcements of other interests.

Additional documents:

Minutes:

Councillor Russell Tillson made a voluntary announcement with regard to Y17/1264/SH as he knows the applicant. 

 

Councillor Michael Lyons made a voluntary announcement with regard to Y17/1264/SH as he knows the applicant. 

 

Both councillors remained in the meeting taking part in discussions and voting on the applications. 

39.

Minutes

To consider and approve, as a correct record, the minutes of the meeting held on 28 November 2017.

Supporting documents:

Minutes:

The minutes of the meeting on 28 November 2017 were approved and signed by the Chairman. 

 

 

40.

Report from the Head of Planning

Report DCL/17/28 sets out the planning applications that will be

considered by the Planning and Licensing Committee.

Supporting documents:

Minutes:

Report DCL/17/28 set out the planning application that were considered by the Planning and Licensing Committee. 

 

 

Y17/1201/SH      LAND ADJOINING ORCHARD COTTAGE THE STREET     

                           POSTLING KENT

 

This application was withdrawn from the Statutory Register and was not considered at this committee meeting. 

 

 

Y17/1264/SH        PEDESTRIAN PRECINCT SANDGATE ROAD

                             FOLKESTONE KENT

 

Use of land as a street market

 

Mrs Viv Kenny, resident, spoke against the application.

Mr Richard Wallace, Folkestone Town Council, spoke on the application.

Mr Ben Sharp, applicant’s agent, spoke on the application. 

 

It was noted that there is a maximum of 104 days of markets per year and this to be added as part of the conditions. 

Proposed by Councillor Michael Lyons

Seconded by Councillor Dick Pascoe and

 

RESOLVED: 

That planning permission be granted subject to the following conditions:

1.    Development to begin within 3 years

2.    Layout / number of stalls (as shown on submitted plans) with stalls facing outward.

3.    Days of operation other than December, each market event to last no more than 7 consecutive days with a minimum of 5 days between market events.  Maximum 104 days of markets per year. 

4.    Stalls to be removed at the end of each market event

5.    Refuse and recycling to be cleared at the end of every day the market is in operation

6.    All market stalls should be uniform in appearance and maintained in good condition by the operators of the market.

 

(Voting: For 6; Against 3; Abstentions 0)

 

Councillor Mrs Mary Lawes requested her vote against this application was recorded.

 

 

Y17/1434/SH   20 MINTER AVENUE DENSOLE FOLKESTONE KENT

 

Demolition of existing free standing garage and timber porch and erection of single storey attached garage (resubmission of Y17/0688/SH). 

 

It was noted that Councillor Philip Martin had contacted the planning officer advising his support that permission should be granted.  He was not present at this committee meeting. 

 

Councillor Tony Hutt, Swingfield Parish Council, spoke against refusal of this application. 

 

Mr Paul Kegos, applicant’s agent, spoke on the application. 

 

Members noted the design and position of the proposed development. 

 

Proposed by Councillor Dick Pascoe

Seconded by Councillor Michael Lyons

 

That planning permission is granted as the development is not considered to adversely affect the streetscene, it fits within the plot and will not appear out of character with other buildings; and that delegated authority be given to the Head of Planning to impose necessary conditions.

 

(Voting: For 2; Against 7; Abstentions 0)

 

Upon being put to the vote to grant permission for this application the MOTION was LOST.

 

Proposed by Councillor Russell Tillson

Seconded by Councillor Damon Robinson and

 

RESOLVED:

That planning permission be refused for the following reason(s):

 

1.    The proposed extension is of a poor design featuring a large flat-roof and odd form which would fail to relate to the existing character of the dwelling. In addition, the proposal would project forward of the principle elevation of the dwelling, resulting in a prominent development that is unsympathetic and incongruous to the character and appearance of  ...  view the full minutes text for item 40.

41.

Minutes of the Licensing Sub-Committee

The receive and note the minutes of the meeting held on 27 November 2017

Supporting documents:

Minutes:

The minutes of the meeting held on 27 November 2017 were approved and signed by the Chairman. 

42.

Unauthorised use of land

Report DCL/17/29 considers the appropriate action to be taken regarding the unauthorised use of a piece of land.

 

Supporting documents:

Minutes:

Report DCL/17/29 considers the appropriate action to be taken regarding the unauthorised use of a piece of land adjoining 76-78 High Street, Dymchurch for the storage cars for car sales in connection with the existing business to the south of the site. Retrospective planning permission has been sought under reference Y17/0944/SH for the continuing use of the land for this purpose but this has been refused.

 

David Campbell, Development Management Team Leader, presented this report along with a series of photos showing land use over the past ten years. 

 

Proposed by Councillor Roger Wilkins

Seconded by Councillor Dick Pascoe and

 

RESOLVED:

1. To receive and note the report DCL/17/29.

2. That an Enforcement Notice be served requiring the unauthorised use of the land for the storage and parking of vehicles to cease and all vehicles be removed from the land together with the removal of associated fencing, hard-standing and all associated structures and the

site returned to grass.

3. The Head of Planning be given delegated authority to determine the exact wording of the Notice.

4. That the period of compliance with the Notice be (six) 6 months.

5. That the Head of Democratic Services and Law be authorised to take such steps as are necessary including legal proceedings to secure compliance with the Notice.

 

(Voting: For 8; Against 1; Abstentions 0)

 

 

 

43.

Unauthorised development of land

Report DCL/17/30considers the appropriate action to be taken regarding the unauthorised development at land.

 

Supporting documents:

Minutes:

Report DCL/17/30 considers the appropriate action to be taken regarding the unauthorised development at land adjoining 3 Millfield Folkestone.  The report recommends that delegated authority is giving to the Head of Planning to serve an Enforcement Notice requiring the unauthorised development to be demolished if there is no successful appeal against the refusal of planning permission Y17/0886/SH

 

Proposed by Councillor Russell Tillson

Seconded by Councillor Michael Lyons and

 

RESOLVED: 

1. To receive and note the report.

2. That delegated authority be given to the Head of Planning to serve an Enforcement Notice requiring the removal of the terrace of 3 x 3 storey houses after 6 months following the date of refusal of planning permission Y17/0886/SH if no valid appeal against the decision is

submitted or, if an appeal is submitted, following the Inspector’s decision on the appeal if the appeal is dismissed.

3. That the Head of Planning be given delegated authority to determine the exact wording of the Notice.

4. That the period of compliance with the Notice be (six) 6 months.

5. That the Head of Democratic Services and Law be authorised to take such steps as are necessary including legal proceedings to secure compliance with the Notice.

6. That if an appeal against the refusal of planning permission is allowed, no Enforcement Notice be served and no other formal action be taken by the Council in respect of this particular breach of planning control.

 

(Voting: For 8; Against 1; Abstentions 0)