There were no apologies for absence.

It was noted that Councillor Garland was substituting for Councillor Thick.

Councillor Chittenden indicated his wish to speak on the reports of the Development Control Manager relating to applications MA/09/0862 and MA/09/0863.

Councillor Hotson indicated his wish to speak on the reports of the Development Control Manager relating to applications MA/08/1460 and MA/09/0455.

Councillor Mortimer indicated his wish to speak on the report of the Development Control Manager relating to application MA/09/1061.

Councillor Moss indicated his wish to speak on the report of the Development Control Manager relating to application MA/09/0942.

It was noted that Councillor Mrs Gooch had indicated her wish to speak on the report of the Development Control Manager relating to application MA/09/1061.

There were none.

Update Reports

The Chairman stated that, in his opinion, the update reports of the Director of Prosperity and Regeneration and the Development Control Manager should be taken as urgent items because they contained further information relating to the applications to be considered at the meeting.

Councillors Chittenden and Hotson disclosed personal interests in the reports of the Development Control Manager relating to applications MA/09/0862 and MA/09/0863.  They stated that they were Members of Kent County Council, the joint applicant in respect of application MA/09/0863 which was linked to application MA/09/0862.  However, they did not believe that they had prejudicial interests in the applications and intended to speak when they were discussed.

Councillors Mrs Gooch, Harwood and Mrs Robertson disclosed personal interests in the reports of the Development Control Manager relating to applications MA/09/0862 and MA/09/0863 by virtue of being employees of Kent County Council, the joint applicant in respect of application MA/09/0863 which was linked to application MA/09/0862.

Councillor Harwood disclosed a personal interest in the report of the Development Control Manager relating to application MA/09/1511.  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 Paine disclosed a personal interest in the report of the Development Control Manager relating to application MA/09/0601 by virtue of being a non-executive member of the Medway River Users’ Association.

Councillor Mrs Robertson stated that since she had pre-determined application MA/09/0508, she would speak but not vote when it was discussed.

Ms Rowlands, the representative of Kent Highway Services, disclosed an interest in the reports of the Development Control Manager relating to applications MA/09/0862 and MA/09/0863.  She stated that she was an employee of Kent County Council, the joint applicant in respect of application MA/09/0863 which was linked to application MA/09/0862.  With the agreement of the Committee, Ms Rowlands remained in the meeting when these applications were discussed to give advice if necessary.

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

RESOLVED:  That the Minutes of the meeting held on 24 September 2009 be approved as a correct record and signed subject to reference being made to Councillor English’s request that his dissent from the Committee’s decision in respect of application MA/08/2423 be recorded.

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  ...  view the full minutes text for item 182.

All Members stated that they had been lobbied.

The Committee considered the report and the urgent update report of the Development Control Manager.

Ms Jones, an objector, Mr Crilley, for the applicants, and Councillor Chittenden 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:-

  (i)  Highway contributions which shall include:-

·  The improvement of two bus stops within Royal Engineers Road, including raised kerbs and real time bus information system at each bus stop; these to be provided prior to the completion of the development/first occupation.

·  The upgrade of the existing pedestrian crossing over Royal Engineers Road to a toucan crossing; this to be provided prior to the completion of the development/first occupation.

·  A new bicycle link between the application site and the existing bicycle link to the south of the site utilising the riverside tow path; this to be provided prior to the completion of the development/first occupation.  Should the applicants not be able to provide this bicycle path, then they will be required to make a payment of £15,000 to the Highway Authority for the upgrade and improvement of the existing bicycle network within the locality. 

  (ii)  Highway improvements which shall consist of the creation of a shared surface, together with associated landscaping, to the front of the proposed library building; this to be completed prior to the first use of the building.

  (iii)  Primary health care contributions which shall consist of the provision of the sum of £74,160 for the improvement of health care services within the Borough of Maidstone.

  (iv)  Open space contributions which shall consist of the provision of public open space to the south of the application site which shall be maintained by the applicant in accordance with the management plan.

  (v)  County Council contributions which shall consist of:-

·  A contribution of £180 per unit for adult education;

·  A contribution of £1,201 per unit for adult social services;

·  A contribution of £227 per unit for library facilities; and

·  A contribution of £206.75 per applicable flat for youth and community facilities.

  (vi)  Affordable Housing Provision

  It is proposed that all of the flats within the development would be affordable units (100%).

  (vii) The provision of a public work of art within the development site.

  (viii) The incorporation of the roundabout to the east of the application site within a landscape management plan to be submitted to and approved by the Local Planning Authority.

the Development Control Manager be given delegated powers to grant permission subject to the conditions and informatives set out in the report, as amended by the urgent update report, the additional condition and informatives set out in the urgent update report, and the following additional informative:-

A Development Panel should be established to monitor the development’s progress, including consideration of materials and landscaping details; the Panel to include Council Officers, Ward Members and representatives of the applicant/developer.

2.   That the details to be  ...  view the full minutes text for item 183.

The Committee considered the report and the urgent update report of the Development Control Manager.

Mr Kitchingham, an objector, Ms Gamble of the Springfield Quays Residents’ Association (against) and Mr Buckwell, for the applicant, addressed the meeting.  Councillor Chittenden had already addressed the meeting on linked application MA/09/0863.

RESOLVED:  That subject to the prior completion of a legal agreement, in such terms as the Head of Legal Services may advise, to secure:-

(i)  A contribution of £179,550 towards the improvement of existing open space or the creation of new facilities within a one mile radius of the application site.

(ii)  (a)  A contribution of £227 per residential unit towards library provision;

  (b)  A contribution of £180 per residential unit towards adult education;

  (c)  A contribution of £827 per applicable house and £206.75 per applicable flat towards youth and community facilities within the Borough; and

  (d)  A contribution of £1,201 per residential unit towards adult social services within the Borough.

(iii)  The provision of a sum of £78,210 for the improvement of primary health care services within the Borough of Maidstone.

(iv)  The payment of a contribution towards the amendment of existing or the making of Traffic Regulation Orders restricting on-street parking in the vicinity of the site; this to be provided prior to the first occupation of the development.

(v)  The improvement of four bus stops close to the land including raised kerbs and the provision of real time information systems; these to be provided prior to the first occupation of the units.

(vi)  The upgrading of the existing pedestrian crossing at the western end of the Springfield site access road to a toucan crossing; this to be provided prior to the first occupation of any of the units.

(vii)Six months prior to the commencement of the development, the submission of a refined and updated travel plan to the Local Planning Authority for approval.

(viii)The creation of a community facility within the development of a floor space of not less than 200 square metres.

(ix)  No development (including demolition) to take place on this site prior to the completion of the new library at the James Whatman Way site.

(x)  Provision for the enhancement of landscaping and a landscape  management plan for the following areas:-

  (a)  The existing verge to the north of the Springfield access road and bounded to the west by the application site and north/east by Chatham Road/Royal Engineers Road;

  (b)  The existing verge to the south of the Springfield access road, bounded to the east by Royal Engineers Road and which shall include the phased provision of an avenue of Lime trees as a replacement for existing tree planting; and

  (c)  The management of the existing woodland and landscaped area north of the roundabout on Royal Engineers Road (bounded by Royal Engineers Road and Sandling Road) together with the planting of a replacement Wellingtonia tree at the southern end of the land.

the Development Control Manager be  ...  view the full minutes text for item 184.

The Committee considered the report and the urgent update report of the Development Control Manager.

Councillor Sams of Harrietsham Parish Council addressed the meeting in support of the application.

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

Voting:  9 – For  3 – Against  1 – Abstention

The Committee considered the report of the Development Control Manager.

Ms Jardine, for objectors, Councillor Spearink of Staplehurst Parish Council (against) and Councillor Hotson addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions and informatives set out in the report with the amendment of condition 7 and additional conditions as follows:-

Condition 7 (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 that comprises landscaping of no less than 1.5 metres in depth that includes a new double staggered (being 300mm apart) hedge of indigenous species along the western and southern boundaries of the site, an indigenous landscape buffer of no less than 5 metres in depth along the north boundary of the application site, which shall include both a staggered native hedge and tree planting.  There shall also be a replacement of the indigenous hedge along the boundary with the A229 (where this has been removed) with a double staggered (being 300mm apart) hedge of indigenous species.  Such details submitted 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 to provide landscape buffers and mitigation for biodiversity within the application site.  The scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines.  The development shall thereafter be undertaken in accordance with the approved details.

Reason:  No such details have been submitted and to safeguard the character and appearance of the countryside in accordance with policies ENV28 of the Maidstone Borough-Wide Local Plan 2000 and CC6 and C4 of the South East Plan 2009, and to provide ecological mitigation and buffers for biodiversity in accordance with policy NRM5 of the South East Plan 2009 and PPS9 Biodiversity and Geological Conservation.

Additional Conditions

No external lighting whether permanent or temporary shall be placed or erected within the site at any time without the prior approval of the Local Planning Authority.

Reason:  In the interests of reducing light pollution and protecting the character and visual amenities of the area pursuant to policies ENV49 of the Maidstone Borough-Wide Local Plan 2000 and CC6 and C4 of the South East Plan 2009.

No further development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or not, including means of enclosure, hardstanding areas or buildings shall be undertaken without the prior written consent of the Local Planning Authority.

Reason:  In the interests of the visual amenities of the countryside in accordance with policies ENV28 of the Maidstone Borough-Wide Local Plan 2000 and CC6 and C4 of the South East Plan 2009.

Voting:  12 – For  0 – Against  1 – Abstention

All Members stated that they had been lobbied.

The Committee considered the report and the urgent update report of the Development Control Manager.

Mr Page, for the applicant, and Councillor Hotson addressed the meeting.

RESOLVED:

1.  That subject to no new issues being raised as a result of the advertisement of the application as a departure from the Development Plan AND to the prior completion of a legal agreement, in such terms as the Head of Legal Services may advise, to secure the payment of £5,000 towards improvements to bus stops and £10,000 towards improved pedestrian facilities in Staplehurst, the Development Control Manager be given delegated powers to grant outline permission subject to the conditions and informatives set out in the report, as amended by the urgent update report, and the additional conditions set out in the urgent update report with the amendment of condition 9 and an additional condition and informative as follows:-

  Condition 9 (amended)

The development shall not commence until details of a surface water drainage system for the site which shall be SUDS based and include measures to prevent potentially polluting surface water run-off from the site entering nearby watercourses and ponds and the provision of wildlife friendly gullies, have been submitted to and approved by the Local Planning Authority.  The development shall thereafter be undertaken in accordance with the approved details.

Reason:  In the interests of pollution prevention and to control surface water run-off pursuant to policy NRM4 of the South East Plan 2009, and to provide ecological mitigation and wildlife habitat in accordance with policy NRM5 of the South East Plan 2009 and PPS9 Biodiversity and Geological Conservation.

Additional Condition

No external lighting whether permanent or temporary shall be placed or erected within the site at any time without the prior approval of the Local Planning Authority.

Reason:  In the interests of reducing light pollution and protecting the character and visual amenities of the area pursuant to policy ENV49 of the Maidstone Borough-Wide Local Plan 2000.

Additional Informative

Consideration should be given to green roofs being incorporated in the design of the industrial units when reserved matters come forward.

2.  That the details of landscaping and ecological mitigation measures must be considered in consultation with the Ward Members and Councillor Harwood.

3.  That Kent Highway Services be requested to consult the Ward Members on the precise details of the improved pedestrian facilities to be secured through the Section 106 Agreement.

Voting:  12 – For  0 – Against  1 – Abstention

Note:  Councillor Garland left the meeting after consideration of this application (9.35 p.m.).

The Committee considered the report and the urgent update report of the Development Control Manager.

Mrs Ambrose, an objector, Mr Timms, for the applicant, and Councillor Moss addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions set out in the report and the additional conditions and informatives set out in the urgent update report.

Voting:  12 – For  0 – Against  0 – Abstentions

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 as amended by the urgent update report.

Voting:  12 – For  0 – Against  0 – Abstentions

Councillor Nelson-Gracie stated that he had been lobbied.

The Committee considered the report and the urgent update report of the Development Control Manager.

Councillor Brown of Yalding Parish Council (against) and Mr Hudson, for the applicant, addressed the meeting.

During the discussion on the application, Councillor Nelson-Gracie stated that since he had been advised that he had pre-determined the application, he would abstain from the voting.

RESOLVED:  That permission be granted subject to the conditions set out in the report with the amendment of condition 5 and additional conditions and informative as follows:-

Condition 5 (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, 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 and include the use of a proportion of the cord wood from felled trees and indigenous planting to provide ecological buffer zones.

Reason:  No such details have been submitted.  This in accordance with policy ENV44 of the Maidstone Borough-Wide Local Plan 2000; and to provide ecological buffers and wildlife habitat in accordance with policies NRM5 and C4 of the South East Plan 2009 and PPS9 Biodiversity and Geological Conservation.

Additional Conditions

No external lighting whether permanent or temporary shall be placed or erected within the site at any time without the prior approval of the Local Planning Authority.

Reason:  In the interests of reducing light pollution and protecting the character and visual amenities of the area pursuant to policy ENV49 of the Maidstone Borough-Wide Local Plan 2000.

No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for the provision of bat boxes and baffles in the roof space to allow continued roosting of bats.

Reason:  To provide wildlife habitat in accordance with policies NRM5 and C4 of the South East Plan 2009 and PPS9 Biodiversity and Geological Conservation.

Additional Informative

Landscaping should include species such as bird cherry and crab apple in accordance with the Council's adopted Landscape Character Assessment and Landscape Guidelines.

Voting:  10 – For  1 – Against  1 – Abstention

Councillor Mrs Marshall stated that she had been lobbied.

The Committee considered the report and the urgent update report of the Development Control Manager.

Mr Pagden, an objector, and Mr Neseyif, the applicant, addressed the meeting.

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

Voting:  6 – For  2 – Against  4 – Abstentions

Councillor Mrs Marshall stated that she had been lobbied.

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.

Voting:  7 – For  2 – Against  3 – Abstentions

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

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

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

The Committee considered the report and the urgent update report of the Development Control Manager.

RESOLVED:  That subject to any new representations received as a result of the outstanding statutory advertisements, the Development Control Manager be given delegated powers to grant permission subject to the conditions and informatives set out in the report.

Voting:  10 – For  1 – Against  1 – Abstention

The Committee considered the report of the Development Control Manager.

RESOLVED:  That consideration of this application be deferred in order for the extent of the impermeable surface to be measured and to establish whether or not the hard standing is permitted development under Class F of Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended).

Voting:  12 – For  0 – Against  0 – Abstentions

Prior to 10.30 p.m., following consideration of application MA/09/1441, the Committee considered whether to adjourn at 10.30 p.m. or to continue until 11.00 p.m. if necessary.

RESOLVED:  That the meeting should continue until 11.00 p.m. if necessary.

The Committee considered the report and the urgent update report of the Development Control Manager.

Mr Taylor, an objector, Councillor Scott of West Farleigh Parish Council (against), Councillor Coulling of Teston Parish Council (against), Mr Pascall, the applicant, and Councillors Mortimer and Mrs Gooch (both against) addressed the meeting.

RESOLVED:  That consideration of this application be deferred to enable the applicant to provide further information relating to the impact of the proposed development on ecology and biodiversity and the character and appearance of the landscape, including details of landscaping, screening, ecological mitigation methods and rotation of crops etc.

Voting:  8 – For  4 – Against  0 – Abstentions

The Committee considered the report of the Development Control Manager setting out details of appeal decisions that had been received since the last meeting.

RESOLVED:  That the report be noted.

There were none.

The Cabinet Member for Regeneration reported that he had asked the Development Control Manager to initiate a meeting to discuss matters relating to parking in the Borough.  He would attend the meeting together with the Development Control Manager and the other attendees would include the Chairman and the Political Group Spokespersons of the Planning Committee and Councillor English.

6.00 p.m. to 10.55 p.m.