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MAIDSTONE BOROUGH COUNCIL
PLANNING COMMITTEE
Minutes of the meeting held on 3 September 2009
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Present: |
Councillor Lusty (Chairman) and Councillors Ash, Butler, English, Greer, Harwood, Moriarty, Nelson-Gracie, Paine, Paterson, Mrs Robertson and Thick |
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Also Present: |
Councillor Hinder |
119. Apologies for Absence
It was noted that apologies for absence had been received from Councillors Mrs Marshall and J A Wilson.
120. Notification of Substitute Members
It was noted that Councillor Butler was substituting for Councillor J A Wilson.
121. Notification of Visiting Members
Councillor Hinder indicated his wish to speak on the report of the Development Control Manager relating to application MA/08/2270.
122. Urgent Items
Update Reports
The Chairman stated that, in his opinion, the update reports of the Development Control Manager and the Assistant Director of Development and Community Strategy should be taken as urgent items because they contained further information relating to matters to be considered at the meeting.
123. Items withdrawn from the Agenda
MA/08/2439 - Change of use of land to employment purposes and erection of mixed use building to provide storage and workshops (Class B2/B8) and associated works including access and parking - Unit 15, Wheelbarrow Industrial Estate, Pattenden Lane, Marden
The Committee considered the urgent update report of the Development Control Manager recommending that this application be withdrawn from the agenda to allow further investigation into the local need and whether or not there were any suitable alternative sites available to justify permitting the development against the overriding Development Plan policy.
RESOLVED: That agreement be given to the withdrawal of application MA/08/2439 from the agenda.
MA/09/1174 - Partially retrospective application for the erection of three 8 tonne feed silos (2 already erected) - Knowle Game Farm, Knowle Hill, Ulcombe
The Committee considered the urgent update report of the Development Control Manager. It was noted that this application had been withdrawn by the applicant.
MA/09/1180 - Demolition of existing property and erection of 3 no. bungalows with associated works including sheds, hardstanding, vehicle crossovers and boundary treatment - 12 Wheeler Street, Headcorn
The Committee considered the urgent update report of the Development Control Manager recommending that this application be withdrawn from the agenda to allow further investigation into whether the boundary of the site extended up to the public highway and whether the correct ownership certificate had been served.
RESOLVED: That agreement be given to the withdrawal of application MA/09/1180 from the agenda.
Tree Preservation Order No. 8 of 2009 - Trees on land at Court Lodge, Lower Road, West Farleigh
The Committee considered the urgent update report of the Assistant Director of Development and Community Strategy recommending that his report relating to Tree Preservation Order No. 8 of 2009 be withdrawn from the agenda. It was noted that Government guidance on Tree Preservation Order legislation was being strengthened and it was now considered that to confirm an area Order was not good practice. It was, therefore, the intention to remake the Order in a more detailed form. This would be done prior to the current provisional Order lapsing on 27 September. The trees would remain protected. Any objections received within 28 days of the date of the new Order would be reported back to the Committee at the earliest opportunity.
RESOLVED: That agreement be given to the withdrawal of the report of the Assistant Director of Development and Community Strategy relating to Tree Preservation Order No. 8 of 2009 from the agenda.
124. Disclosures by Members and Officers
There were no disclosures.
125. Exempt Items
RESOLVED: That the items on the agenda be taken in public as proposed.
126. Minutes of the meeting held on 13 August 2009
RESOLVED: That the Minutes of the meeting held on 13 August 2009 be approved as a correct record and signed.
127. MA/08/2270 - Erection of 14 no. dwellings together with access and on-street parking - Land at 5, 6 and 8 Wilson Close, Maidstone
All Members except Councillor Butler stated that they had been lobbied.
The Committee considered the report and the urgent update report of the Development Control Manager.
Mr Hocking, an objector, Mr Cattermole, for the applicant, and Councillor Hinder addressed the meeting.
RESOLVED:
1. That subject to the prior completion of a legal agreement, in such terms as the Head of Legal Services may advise, to secure the following:-
· The provision of the sum of £22,050 to contribute towards the upgrade, improvement and renewal of Maidstone’s amenity space and play equipment;
· The provision of the sum of £17,276 for contributions towards the additional demands placed upon the youth and community facilities, libraries and adult education facilities within the locality by virtue of the granting of this permission;
· The provision of the sum of £17,640 for contributions towards the additional demands placed upon the Primary Care Trust (West Kent) by virtue of the granting of this permission; and
· A detailed landscape and woodland management plan for all land outlined in blue within the planning application. Such details shall include proposals for the management of all biodiversity within the site and a financial appraisal forming part of the overarching management plan for a minimum period of 25 years
the Development Control Manager be given delegated powers to grant permission subject to the conditions and informatives set out in the report and the following additional condition and informatives:-
Additional Condition
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order with or without modification) no development within Schedule 2, Part 1, Class F to that Order shall be carried out without the permission of the Local Planning Authority.
Reason: To ensure a satisfactory external appearance to the development in the interest of the visual amenity and character of the surrounding area in accordance with policy ENV6 of the Maidstone Borough-Wide Local Plan 2000 and PPS1.
Additional Informatives
The applicant is advised that the hard landscape details should include methods to prevent vehicles from encroaching onto or parking upon the open plan front gardens.
The applicant is reminded to comply with condition 18, taking into account the following recommendations as set out in the submitted ecological assessment under items 7.9, 7.10, and 7.11:-
· Bat boxes to be installed on retained trees and the potential for bat bricks to be incorporated into the design of the new buildings.
· Care to be taken during vegetation clearance and that, in the event of any mammals such as hedgehogs being uncovered, the area in question to be left to allow the animals to disperse of their own accord.
· A number of bird boxes to be provided on retained trees to act as an enhancement and to provide alternative nesting opportunities while new landscape planting matures.
2. That when negotiating the details of the management plan, the Officers be requested to take into account Members’ expressed wish to see the “buffer” zone maintained as a woodland edge habitat.
3. That the details of the legal agreement should be agreed by the Political Group Spokespersons or their nominees.
4. That the Political Group Spokespersons or their nominees should be consulted prior to the discharge of the conditions relating to hard and soft landscaping.
Voting: 8 – For 3 – Against 0 – Abstentions
NOTE: Councillor Thick entered the meeting after consideration of this application.
128. MA/09/0763 - Proposed chemical toilet disposal point - Land north of Hill Green Road, Stockbury
All Members except Councillors Butler, Paine and Paterson stated that they had been lobbied.
The Committee considered the report and the urgent update report of the Development Control Manager.
Mr Palmer presented a petition objecting to the application.
Councillor Porter of Stockbury Parish Council (against) addressed the meeting.
RESOLVED:
1. That permission be granted subject to the conditions and informative set out in the report, the additional condition set out in the urgent update report and the following additional condition and informative:-
Additional Condition
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, using indigenous species, 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.
Reason: No such details have been submitted in accordance with policies ENV6, ENV28, ENV33 and ENV34 of the Maidstone Borough-Wide Local Plan 2000 and policies C4, C5 and C6 of the South East Plan 2009.
Additional Informative
The applicant is advised to contact the Local Planning Authority prior to submitting a landscaping scheme pursuant to condition 5.
2. That a letter be sent to the Camping and Caravanning Club expressing the Committee’s concern about the proposed use of the site as a holiday caravan site and the detrimental visual impact upon the character of the surrounding area designated as an Area of Outstanding Natural Beauty.
Voting: 12 – For 0 – Against 0 – Abstentions
129. MA/09/1009 - Demolition of existing garage and erection of a garage/workshop with first floor storage area - Goldings, Elphicks Farm, Water Lane, Hunton
The Committee considered the report of the Development Control Manager.
Councillor Sawtell of Hunton Parish Council (against) addressed the meeting.
RESOLVED:
1. That permission be granted subject to the conditions set out in the report and the following additional conditions and informative:-
Additional Conditions
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping incorporating the limited use of shelter belts with groups of trees of single species. The landscaping scheme 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.
Reason: No such details have been submitted and to maintain the character of the surrounding area in accordance with PPS9.
All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or the completion of the development, whichever is the sooner; and any trees or 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 setting and external appearance to the development in accordance with policy CC6 of the South East Plan 2009, PPS1 and PPS3.
Additional Informative
The applicant is advised to incorporate swift bricks, bat roosts and barn owl boxes within the development hereby permitted in order to promote the biodiversity of the site.
2. That the Political Group Spokespersons should be consulted prior to the discharge of the conditions relating to materials and landscaping.
Voting: 11 – For 0 – Against 1 – Abstention
130. MA/09/0848 - Proposal for a replacement dwelling, the demolition and removal of existing farm building and a tidy up of the site - Appsmoor Farm, South Street Road, Stockbury
The Committee considered the report of the Development Control Manager.
Mrs Reid addressed the meeting on behalf of the applicant.
RESOLVED: That permission be refused for the reason set out in the report.
Voting: 10 – For 0 – Against 2 – Abstentions
FURTHER RESOLVED: That the Enforcement Team be requested to investigate the use of the existing building.
131. MA/09/1024 - Erection of a part single storey part two storey side and rear extension - 36 South Bank, Staplehurst
The Committee considered the report of the Development Control Manager.
RESOLVED: That permission be granted subject to the conditions set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
132. MA/09/1098 - Erection of detached barn and 3 no. polytunnels - Land south of Marden Road, Staplehurst
The Committee considered the report and the urgent update report of the Development Control Manager.
RESOLVED: That permission be granted subject to the conditions set out in the report and the informative set out in the urgent update report.
Voting: 11 – For 0 – Against 0 – Abstentions
NOTE: Councillor English left the meeting during consideration of this application. He returned after the vote had been taken.
133. MA/09/1212 - Planning application for erection of two storey side extension and single storey front extension - 31 Corner Farm Road, Staplehurst
The Committee considered the report of the Development Control Manager.
RESOLVED: That permission be granted subject to the conditions set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
134. Report of the Development Control Manager - Appeal Decisions
The Committee considered the report of the Development Control Manager setting out details of an appeal decision which had been received since the last meeting. It was noted that the Inspector had allowed the appeal against the decision taken under delegated powers to refuse application MA/08/2029 (Retrospective planning application for the change of use of land from mixed use for parking of a touring caravan and keeping of horses to parking of a touring caravan, a mobile home and keeping of horses - The Sty, Hunton Road, Marden). The Development Control Manager advised the Committee that he was considering whether there were grounds to challenge the Inspector’s decision.
RESOLVED: That the report be noted.
135. Chairman's Announcements
The Chairman announced that:-
· A small group of Members would be attending the Planning Summer School over the next few days. There was a place available if anyone was interested.
· The Business Support Manager was preparing a report on the actual cost of reporting applications to the Planning Committee. The findings would be circulated to all Members and Parish Councils.
· A workshop had been arranged to take place on 15 September 2009 to enable Members to raise issues at an early stage in the process of preparing the Gypsy and Traveller Sites Development Plan Document. The event would be hosted by the firm of Planning Consultants that had been appointed to assist the Council in the early stages of the Development Plan Document preparation process and would provide an opportunity for Members to express their views on, inter alia, what made a good or a bad site.
136. Update on Matters Referred to the Cabinet Members for Environment/Regeneration
Heavy Goods Vehicles
The Democratic Services Officer updated the Committee on the response of the Cabinet Member for Environment to its reference regarding Heavy Goods Vehicles (HGVs) and, in particular, the number and size of HGVs using unsuitable roads in and around the Borough. It was noted that whilst the Cabinet Member agreed that HGVs were often seen frequenting rural roads and potentially causing damage to the road structure and grass verges, the responsibility for managing the road network rested with Kent County Council as Highway Authority. He had, therefore, referred the matter to the relevant Cabinet Member at the County Council and would inform the Committee of the response received in due course.
Provision of Gardens and Minimum Size Threshold
In response to its reference, the Cabinet Member for Regeneration updated the Committee on the work being undertaken in relation to garden size and minimum standards of domestic design.
Kent Highways Parking Standards
Arising from the Committee’s consideration of various applications at the meeting, it was:-
RESOLVED: That the Officers be requested to submit a report to a future meeting in order to facilitate a discussion on the adoption of Kent Highways Parking Standards.
137. Oakwood Hospital Development Site - Section 106 Agreement
The Cabinet Member for Regeneration updated the Committee on the results to date of the action being taken to resolve the outstanding issues in respect of the Section 106 Agreement relating to the residential development adjoining and conversion of the former Oakwood Hospital site. It was noted that a sum of money had been received from Persimmon Homes and the Company had agreed in principle to pay an additional sum of money so that the Council could adopt the play area without then waiting for the two year maintenance period under the Section 106 Agreement to expire. Court papers were being prepared in relation to the Linden Homes sum. A further update report would be submitted to the next meeting of the Committee.
138. Duration of Meeting
6.00 p.m. to 8.45 p.m.