It was noted that apologies for absence had been received from Councillors Mrs Robertson and J A Wilson.

The following Substitute Members were noted:-

Councillor Butler for Councillor J A Wilson

Councillor Chittenden for Councillor Mrs Robertson

Councillor FitzGerald indicated his wish to speak on the report of the Head of Development Management relating to application MA/10/1478.

MA/11/0325 - USE OF SITE FOR MOTOCROSS WITH ASSOCIATED ENGINEERING WORKS TO CREATE A FORMAL MOTOCROSS CIRCUIT, TOGETHER WITH THE PROVISION OF AN ANCILLARY PARKING AREA AND THE STATIONING OF ANCILLARY PORTABLE OFFICE AND TOOL STORE UNITS - LAND SOUTHEAST OF RUNHAM LANE, SANDWAY ROAD, LENHAM

It was noted that this application had been withdrawn by the applicant.

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 applications to be considered at the meeting.

Councillor Chittenden stated that since he had pre-determined application MA/10/1478, he would speak but not vote when it was discussed.

Councillor English disclosed a personal interest in application MA/10/1478.  He stated that he was a Member of Tovil Parish Council and he had been involved in some discussions on the application, but not recently.  He had not pre-determined the application and intended to speak and vote when it was considered.

RESOLVED:  That the items on the agenda be taken in public as proposed.

RESOLVED:  That the Minutes of the meeting held on 24 November 2011 be approved as a correct record and signed.

There were no petitions.

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 Members that work was continuing on this application.

The Committee considered the report of the Head of Development Management.

RESOLVED:  That permission be granted subject to the conditions and informative set out in the report.

Voting:  13 – For  0 – Against  0 – Abstentions

All Members except Councillors Butler and Chittenden stated that they had been lobbied.

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

Mr Deering addressed the meeting on behalf of the applicant.

RESOLVED:  That permission be granted subject to the conditions and informatives 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

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

Councillor Charlton of East Farleigh Parish Council (in support) and Mr Potts, for the applicant, addressed the meeting.

RESOLVED:  That permission be refused for the reason set out in the report.

Voting:  9 – For  4 – Against  0 – Abstentions

Councillors Ash, Cox, English, Harwood, Hinder, Nelson-Gracie, Newton and Paterson stated that they had been lobbied.

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

Councillor Mortimer of Tovil Parish Council, Mr Carter of the Coombe Farm and Tovil Development Group and Councillor FitzGerald addressed the meeting in support of a community facility contribution.

RESOLVED:

1.  That the decision set out in Minute 306 (1) of the meeting held on 24 February 2011 be rescinded.

2.  That subject to the prior completion of a Section 106 legal agreement in such terms as the Head of Legal Services may advise to secure the following:-

·  A contribution of £186,306 towards offsite affordable housing;

·  A contribution of £1,575 per dwelling (total of £55,125) for the improvement of the riverside walk or for the improvement of open space within Woodbridge Drive Play Area or, in the event that either all or part of the money is not utilised by either of these facilities within 12 months from the date of the receipt of the monies, the remainder to be used as a contribution to a community facility within 2km of the application site, such facility to be provided within 5 years of the receipt of the monies; and

·  That in the event that the construction of the dwellings has not commenced on site within 24 months from the date of the agreement, the applicants undertake to provide an updated viability assessment to be independently assessed by the District Valuer (or equivalent body) to enable reconsideration to be given to the potential for S106 contributions to be made in relation to the development and secure appropriate contributions accordingly together with the costs of the independent assessment,

the Head of Development Management be given delegated powers to grant permission subject to the conditions and informatives set out in the report.

Voting:  9 – For  2 – Against  1 – Abstention

Note:

1.  Having stated that he had pre-determined this application, Councillor Chittenden did not participate in the voting.

2.  Councillor Harwood requested that his dissent be recorded.

Councillors Ash, Hinder, Nelson-Gracie and Paine stated that they had been lobbied.

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

Mr Harlock, an objector, Councillor Morris of Harrietsham Parish Council (against) and Mr Hick, for the applicant, addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions set out in the report, as amended by the urgent update report, and the following informative:-

You are advised that the incorporation of bat boxes and bat tubes in the roof of the annexe is recommended to encourage biodiversity pursuant to advice contained within PPS9

Voting:  11 – For  1 – Against  1 – Abstention

The Committee considered the report of the Head of Development Management.

RESOLVED:  That permission be granted subject to the condition set out in the report.

Voting:  13 – For  0 – Against  0 – Abstentions

See Minute 218 above.

The Committee considered the report of the Head of Development Management setting out details of appeal decisions received since the last meeting.

RESOLVED:  That the report be noted.

The Chairman reminded Members that the next meeting of the Committee had been rearranged to take place at 6.00 p.m. on Thursday 12 January 2012 at the Town Hall.

It was noted that there was nothing to report at present.

6.00 p.m. to 8.05 p.m.