All Members stated that they had been lobbied.

The Committee considered the report and the urgent update report of the Head of Development Management.

Mr Hawkins addressed the meeting on behalf of the applicant.

RESOLVED:

1.  That subject to negotiations with the developer to seek to remove or relocate the four existing car parking spaces near to the river as identified by Councillor Mrs Wilson AND an examination of the requirement for additional landscaping along the boundary with Mote Park to screen views from the Park, the Head of Development Management be given delegated powers to grant permission subject to the conditions and informatives set out in the report and the additional informative set out in the urgent update report with the amendment of conditions 2, 3 and 7 and informative 3 and an additional condition as follows:-

  Condition 2 (amended)

  The development shall not commence until written details and samples of the materials to be used in the construction of the external surfaces of the building, car parking areas and footways, which shall include the materials set out in the Design and Access Statement and the Landscape Strategy (drawing number 030 rev E), hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be constructed using the approved materials.

Reason:  To ensure a satisfactory appearance to the development pursuant to the advice in PPS1.

  Condition 3 (amended)

  No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping derived from the Landscape Strategy (drawing number 030 rev E), using indigenous species, and which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and a programme for the approved scheme's implementation and long term management.  The scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines.  The details submitted shall include the restoration of a wild flower meadow.

Reason:  No such details have been submitted and to ensure a satisfactory appearance to the scheme pursuant to policies ENV6 and ENV35 of the Maidstone Borough-Wide Local Plan 2000.

  Condition 7 (amended)

  Notwithstanding the details shown on Landscape Strategy drawing number 030 rev E received 06/07/2010, Landscape Appraisal rev D and the Biodiversity Enhancement Statement received 14/05/2010, the development shall not be commenced until a more detailed landscape and biodiversity management plan in conjunction with the details submitted pursuant to condition 3 above, including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas adjacent to the river and River Len Local Nature Reserve and within the site, has been submitted to and approved in writing by the Local Planning Authority.  The landscape and biodiversity management plan shall be carried out as approved and any subsequent variations shall be agreed in writing by the Local Planning Authority.

The scheme shall include the following elements:-

  (i)  The detailed extent and type of new planting (with planting to be of native species of local provenance)

(ii)  The extent of non-native tree removal

(iii)  Details of maintenance regimes

(iv)  Details of any new habitat created on site

(v)  Details of biodiversity enhancement measures such as bird and bat boxes

(vi)  Details of the location and extent within the site of a proportion of the cord wood arising from felled trees

(vii)The use of predominantly hawthorn for the tree and shrub boundary screening to the western boundary of the day nursery

(viii)An arboricultural method statement if excavation works are to be undertaken within the root protection areas of any retained trees stating the methods that will be used to avoid unnecessary damage to the trees.  The method statement should identify whether any remedial works to the trees will have to be carried out prior to commencement of the works, how the existing surface will be removed and, if any roots are encountered, how they will be severed so that the trees will not be harmed in any way.  Any works to the trees must be carried out by a suitably qualified arboriculturalist

(ix)  An arboricultural method statement for any trees that are to be transplanted stating how they will be removed from their current location and relocated

Reason:  To ensure the protection of wildlife and supporting habitat and secure opportunities for the enhancement of the nature conservation value of the site pursuant to the advice in PPS9.

Informative 3 (amended)

  No burning should be carried out on site during works.

  Additional Condition

Written details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority and no further external lighting shall be installed without the prior written approval of the Local Planning Authority.

Reason:  No such details have been submitted and to ensure a satisfactory appearance to the scheme pursuant to policies ENV6, ENV35 and ENV49 of the Maidstone Borough-Wide Local Plan 2000.

2.  That the details to be submitted pursuant to conditions 6 and 7 must be agreed in consultation with Ward Members, adjacent Ward Members and representatives of the Len Valley Nature Reserve Management Committee.

3.  That a Development Implementation Group comprising representatives of the applicant, the Local Planning Authority and the Len Valley Nature Reserve Management Committee together with Ward Members and adjacent Ward Members should be established to ensure the satisfactory implementation of the permission.

Voting:  10 – For  0 – Against  0 – Abstentions