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MAIDSTONE BOROUGH COUNCIL
Planning Committee
Minutes of the meeting held on 3 November 2011
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Present: |
Councillor Lusty (Chairman) and Councillors Ash, Chittenden, Collins, Cox, Harwood, Hinder, Nelson-Gracie, Newton, Paine, Paterson, Mrs Robertson and J.A. Wilson |
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Also Present: |
Councillor Mrs Hinder |
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178. Apologies for Absence
It was noted that apologies for absence had been received from Councillor English.
179. Notification of Substitute Members
It was noted that Councillor Chittenden was substituting for Councillor English.
180. Notification of Visiting Members
Councillor Mrs Hinder indicated her wish to speak on the report of the Head of Development Management relating to application MA/10/1627.
181. Items withdrawn from the Agenda
There were none.
182. Urgent Items
Update Report
The Chairman stated that, in his opinion, the update report of the Head of Development Management should be taken as an urgent item because it contained further information relating to matters to be considered at the meeting.
183. Disclosures by Members and Officers
Councillor Harwood disclosed a personal interest in the report of the Head of Development Management relating to application MA/10/1627. He stated that he was a Member of Boxley Parish Council, but he had not participated in the Parish Council’s discussions on the application and intended to speak and vote when it was considered.
Councillor Hinder disclosed a personal interest in the report of the Head of Development Management relating to application MA/10/1627. He stated that he was a Member of Boxley Parish Council, and whilst he had not participated in the Parish Council’s discussions regarding the proposed development, he had pre-determined the application, and intended to speak but not vote when it was considered.
184. Exempt Items
RESOLVED: That the items on the agenda be taken in public as proposed.
185. Minutes of the meeting held on 13 October 2011
RESOLVED: That the Minutes of the meeting held on 13 October 2011 be approved as a correct record and signed.
186. Presentation of Petitions
There were no petitions.
187. Deferred Items
MA/10/1627 – ERECTION OF A NEW DWELLING - LAND OFF BEECHEN BANK, BOXLEY ROAD, WALDERSLADE
See Minute 189 below.
MA/11/0679 - ERECTION OF THREE DWELLINGS COMPRISING ONE DETACHED DWELLING WITH INTEGRAL GARAGE AND TWO SEMI DETACHED DWELLINGS WITH ACCESS TO TONBRIDGE ROAD VIA ACCESS PERMITTED UNDER MA/08/2323 - LAND R/O 125 TONBRIDGE ROAD, MAIDSTONE
The Head of Development Management advised the Committee that further details had been received and put out to consultation.
188. Tree Preservation Order No.14 of 2011 - Trees on Land at The Lodge, Sittingbourne Road, Maidstone
The Committee considered the report of the Director of Change, Planning and the Environment concerning Tree Preservation Order No. 14 of 2011 which was made under Section 201 of the Town and Country Planning Act 1990 to protect one Cedar tree and one Sweet Chestnut coppice stump on land at The Lodge, Sittingbourne Road, Maidstone. It was noted that one objection to the Order had been received within the statutory 28 day period from its making. One letter in support of the Order had been received from neighbours.
Mrs Frazer, the owner of The Lodge, addressed the meeting objecting to the Order.
RESOLVED: That Tree Preservation Order No. 14 of 2011 be confirmed without modification.
Voting: 12 – For 0 – Against 1 – Abstention
189. MA/10/1627 - ERECTION OF A NEW DWELLING - LAND OFF BEECHEN BANK, BOXLEY ROAD, WALDERSLADE
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 Crane, an objector, Councillor Mrs Spain of Boxley Parish Council (against), Miss Westwell, for the applicant, and Councillor Mrs Hinder (against) addressed the meeting.
Contrary to the recommendation of the Head of Development Management, the Committee agreed to refuse permission. In making this decision, Members felt that the proposal, for which there is no overriding justification, would, by virtue of its scale, design and proximity to the protected semi-natural ancient woodland, result in significant harm to the character and appearance of the locality, and in particular the ALLI, contrary to policy ENV35 of the Maidstone Borough-Wide Local Plan 2000 and policy BE1 of the South East Plan 2009.
RESOLVED: That permission be refused for the following reason:-
The proposal, for which there is no overriding justification, would, by virtue of its scale, design and proximity to the protected semi-natural ancient woodland, result in significant harm to the character and appearance of the locality, and in particular the ALLI, contrary to policy ENV35 of the Maidstone Borough-Wide Local Plan 2000 and policy BE1 of the South East Plan 2009.
Voting: 12 – For 0 – Against 0 – Abstentions
Note: Having stated that he had pre-determined this application, Councillor Hinder did not participate in the voting.
190. MA/10/2122 - CONVERSION OF BARN FROM RESIDENTIAL STORAGE TO SINGLE DWELLING INCLUDING DEMOLITION OF OUTBUILDINGS - BARN ADJOINING BRIDGEHURST FARMHOUSE, HOWLAND ROAD, MARDEN
The Chairman and Councillors Nelson-Gracie, Newton and J A Wilson stated that they had been lobbied.
The Committee considered the report and the urgent update report of the Head of Development Management.
Mr Hudson addressed the meeting on behalf of the applicant.
RESOLVED: That permission be granted subject to the conditions and informatives set out in the report.
Voting: 10 – For 2 – Against 0 – Abstentions
Note: Councillor Harwood was not present during consideration of this application.
191. MA/11/0575 - VARIATION OF CONDITION 5 OF APPEAL DECISION OF MA/05/1462 (RETROSPECTIVE APPLICATION FOR THE CHANGE OF USE OF LAND TO A MIXED USE OF RESIDENTIAL AND BUSINESS USE TO INCLUDE THE STATIONING OF 1 NUMBER CARAVAN AND THE RETENTION OF 3 NUMBER OUTBUILDINGS {2 BEING CONJOINED}) TO ALLOW A SECOND VEHICLE TO BE KEPT ON THE SITE - CARAVAN, DETLING LIME WORKS, HERMITAGE LANE, DETLING, MAIDSTONE
The Committee considered the report and the urgent update report of the Head of Development Management.
Mr Sokolow, an objector, and Mr Harper, the applicant, addressed the meeting.
RESOLVED: That permission be granted subject to the condition and informative set out in the report, as amended by the urgent update report, and the additional condition set out in the urgent update report.
Voting: 13 – For 0 – Against 0 – Abstentions
192. MA/11/1132 - CHANGE OF USE OF BUILDING FROM B1 OFFICES TO C3 RESIDENTIAL FOR THE CREATION OF A SINGLE DWELLING - 76-78 COLLEGE ROAD, MAIDSTONE
The Committee considered the report and the urgent update report of the Head of Development Management.
Mr Hudson addressed the meeting on behalf of the applicant.
RESOLVED: That subject to the expiry of the most recent consultation period and no new issues being raised, the Head of Development Management be given delegated powers to grant permission subject to the conditions set out in the report with the amendment of condition 3 and an additional condition as follows:-
Condition 3 (Amended)
The development shall not commence until an Arboricultural Method Statement (AMS) and Tree Protection Plan (TPP), which shall include details of all trees to be retained and the proposed measures of protection, undertaken in accordance with BS 5837 (2005) 'Trees in Relation to Construction-Recommendations', has been submitted to and approved in writing by the Local Planning Authority. The AMS shall include full details of front boundary wall within the root protection areas of retained trees which should be of no-dig construction and full details of foundation design for the wall, where the AMS identifies that specialist foundations are required. The approved barriers and/or ground protection shall be erected before any equipment, machinery or materials are brought onto the site and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed, nor fires lit, within any of the areas protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground levels changed, nor excavations made within these areas without the written consent of the Local Planning Authority.
Reason: To safeguard existing trees to be retained and to ensure a satisfactory setting and external appearance to the development in accordance with policies ENV6 of the Maidstone Borough-Wide Local Plan 2000 and CC1, CC6 and BE1 of the South East Plan 2009 and guidance in PPS1 Delivering Sustainable Development.
Additional Condition
The border planting shown on plan number 1807/05 to the north west of the front boundary wall shall be a privet hedge stretching the width of the front boundary wall and shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner; and any plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.
Reason: To ensure a satisfactory appearance to the development within the street scene to the front in accordance with policy ENV6 of the Maidstone Borough-Wide Local Plan 2000 and policies BE1 and CC6 of the South East Plan 2009.
Voting: 13 – For 0 – Against 0 – Abstentions
193. MA/11/1373 - ADVERTISEMENT CONSENT FOR THE INSTALLATION OF 2 EXTERNALLY ILLUMINATED FASCIA SIGNS AND 2 EXTERNALLY ILLUMINATED PROJECTING HANGING SIGNS - SAINSBURYS, 34 HIGH STREET, HEADCORN, ASHFORD
The Committee considered the report of the Head of Development Management.
Councillor Thomas of Headcorn Parish Council addressed the meeting in support of the installation of the two externally illuminated fascia signs and against the two externally illuminated projecting hanging signs.
RESOLVED: That advertisement consent be granted subject to the conditions set out in the report.
Voting: 11 – For 0 – Against 2 – Abstentions
194. Appeal Decisions
The Committee considered the report and the urgent update report of the Head of Development Management setting out details of appeal decisions received since the last meeting. The Head of Development Management advised the Committee that:-
· The decision to refuse application MA/10/1741 had been made by the Planning Committee and not under delegated powers as stated in the urgent update report.
· Costs had been awarded against the Council in relation to the appeals against refusal of applications MA/10/1345 (which had been dismissed) and MA/10/1741 (which had been allowed).
· The decision to allow the appeal against refusal of application MA/11/0476 reflected the differing approach taken by Inspectors to what represented a sympathetic extension to a former farm building.
RESOLVED:
1. That the report be noted.
2. That the relevant Case Officers be thanked for their work in relation to the appeals against refusal of applications MA/10/0167 and MA/10/1345.
195. Chairman's Announcements
The Chairman announced that:-
· He was sorry to inform Members that two former employees of the Council had died – George Smith, Borough Planning Officer and John Hooper, Civic Officer.
· He wished to draw Members’ attention to the following events/meetings:-
Presentation relating to the proposed development of land at Kent Police Headquarters – 5.30 p.m. on 10 November 2011
Maidstone Landscape Character Assessment 2011 - Presentation and Workshop – 6.00 p.m. on 14 November 2011
Tour of Maidstone Museum East Wing Extension for all Members – 4.30 p.m. on 17 November 2011
Meeting of the Chairman and Political Group Spokespersons of the Planning Committee – 8.30 a.m. on 18 November 2011.
196. Update on Matters Referred to the Leader of the Council and Cabinet Members for Environment/Economic Development and Transport
It was noted that there was nothing to report at present.
197. Duration of Meeting
6.00 p.m. to 7.50 p.m.