The Committee considered the report and the urgent update report of the Director of Prosperity and Regeneration setting out draft planning conditions and draft Heads of Terms for S106 Undertakings to address the impact of the KIG proposals.  It was noted that the Inspector for the KIG planning appeal required the Local Planning Authority to prepare a set of draft planning conditions and the Local Planning Authority and the Appellant to submit draft Heads of Terms for S106 Undertakings for consideration at the Appeal Inquiry.  This was in accordance with normal practice and in keeping with the spirit and requirements of Circular 05/2000 - Planning Appeals Procedures.  It was strictly without prejudice to the Council’s position to offer the Inspector its views on the planning conditions and S106 Undertakings that should be applied in the event that the Secretary of State confirmed any recommendation made by the Inspector that the appeal be upheld and permission be granted subject to planning conditions and S106 Undertakings.

The Assistant Director of Development and Community Strategy advised the Committee that negotiations were continuing in respect of the draft planning conditions and Heads of Terms.  He wished to add a further condition in relation to the proposed bridge connecting units 1 and 2 and the inter-modal to the remainder of the site and to amend condition 30 in relation to ecological and protected species surveys in order for them to be undertaken once the development had taken place.  

It was suggested that the Officers be requested to seek to secure through the negotiations on suggested planning conditions and Heads of Terms for S106 Undertakings the provision of green roofs on the other warehouse buildings; measures to mitigate the impact of traffic from, in particular, the Medway Towns; and silt clearance and measures to prevent the contamination of watercourses, including the River Len, by pollutants including salts and hydrocarbons.

In response to comments by a Member about the need to consult and have the support of the wider community regarding the proposed Heads of Terms of any S106 Undertakings, the Assistant Director of Development and Community Strategy explained that whilst the document could be circulated to Parish Councils, the Inspector expected a draft list of conditions to be put before him at the Inquiry together with draft Heads of Terms of any S106 Undertakings.  Fully executed Undertakings would be required by the close of the Inquiry.  Various requests had been received from the Parish Councils of Bearsted, Broomfield and Kingswood, Langley, Leeds, Lenham, Thurnham and Ulcombe, the Joint Parishes Group and other organisations for items to be included in any S106 Undertakings.  Most of these requests related to traffic and HGV parking management and pedestrian facilities and could be addressed under item 1.10 of the Heads of Terms.  There were also calls for a range of community facilities, footpath enhancements, landscape, habitat and economic development provisions.  All requests would continue to be considered in the context of the proposed Heads of Terms and the tests contained in Circular 05/2005, and would be accommodated where appropriate.  However, there would have to be a cut off point to meet the Inspector’s requirements.

RESOLVED:

1.  That the draft Heads of Terms for S106 Undertakings set out in the urgent update report of the Director of Prosperity and Regeneration should be pursued at the Inquiry subject to any amendments that become necessary during negotiations with the Appellant and other parties.

2.  That the draft planning conditions set out in the report of the Director of Prosperity and Regeneration, as amended by the urgent update report and by the Assistant Director of Development and Community Strategy at the meeting, should be pursued at the Inquiry subject to any amendments that become necessary during negotiations with the Appellant and other parties.

3  That the Officers be requested to seek to secure through the negotiations on suggested planning conditions and Heads of Terms for S106 Undertakings, the provision of green roofs on the other warehouse buildings; measures to mitigate the impact of traffic from, in particular, the Medway Towns; and silt clearance and measures to prevent the contamination of watercourses, including the River Len, by pollutants including salts and hydrocarbons.

4.  That the Director of Prosperity and Regeneration be given delegated powers, in consultation with the Chairman of the Planning Committee   and those Political Group Spokespersons of the Planning Committee who are available, to:-

  (a)  Amend, delete or add to the contents of the Heads of Terms and make submissions to the Inquiry to secure suitable planning Undertakings or Agreements; and

  (b)  Amend, delete or add to the planning conditions.

Voting:    12 – For  0 – Against  1 – Abstention