It was noted that apologies for absence had been received from Councillors Newton and Paine.

The following Substitute Members were noted:-

Councillor Black for Councillor Paine

Councillor Mrs Gooch for Councillor Newton

Councillor Mrs Blackmore indicated her wish to speak on the report of the Head of Development Management relating to application MA/10/2159.

It was noted that Councillor Beerling had indicated his wish to speak on the report of the Head of Development Management relating to application MA/11/1078.

There were none.

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 the applications to be considered at the meeting.

Councillor Ash disclosed a personal interest in the report of the Head of Development Management relating to application MA/11/0679.  He stated that he knew Mr Norton, who had registered to speak on behalf of the applicant, as he was a former Chairman of the Bearsted branch of the Faversham and Mid-Kent Conservative Association.  Although he had not discussed the application with Mr Norton, he would leave the meeting when it was considered to avoid any suggestion of bias.

Councillor Mrs Gooch stated that since she had pre-determined application MA/11/1078, she would not participate in the discussion or voting on the proposed development.

Councillor Hinder disclosed a personal interest in the report of the Head of Development Management relating to application MA/11/1002.  He stated that he was a Member of Bredhurst 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 Nelson-Gracie disclosed a personal interest in the report of the Head of Development Management relating to application MA/10/2159.  He stated that he was a Member of Nettlestead 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 Paterson stated that since it might appear that she had pre-determined application MA/11/0485, she would speak but not vote when it was discussed.

RESOLVED:  That the exempt Appendix to the urgent update report of the Head of Development Management be considered in public if required, but the information contained therein should remain private.

RESOLVED:  That the Minutes of the meeting held on 22 September 2011 be approved as a correct record and signed.

There were no petitions.

MA/10/1627 - ERECTION OF A NEW DWELLING - LAND OFF BEECHEN BANK, BOXLEY ROAD, WALDERSLADE

The Head of Development Management advised Members that he expected to be in a position to report this application back to a meeting of the Committee within two months.

All Members except Councillor Black stated that they had been lobbied.

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

Mrs Aucamp, an objector, Councillor Sawtell of Hunton Parish Council (against) and Mrs Smith, the applicant, addressed the meeting.

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

Voting:  11 – For  0 – Against  2 – Abstentions

FURTHER RESOLVED:  That the Officers should give careful consideration to the extent of the information relating to applicants’ personal circumstances which is included in Part I of the agenda.

The Chairman stated that he had been lobbied.

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

Councillor Adam of the Marden Society Footpaths Group and Marden Parish Council (against) and Mr Brazil, the applicant, addressed the meeting.

RESOLVED:

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

2.  That the Head of Development Management be requested to write to  Kent County Council Public Rights of Way requesting early resolution of the obstruction issues relating to Public Right of Way KM275.

Voting:  12 – For  1 – Against  0 – Abstentions

Note:  Councillor Nelson-Gracie requested that his dissent be recorded.

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 Bird, an objector, Mr Darby, for the applicant, and Councillor Mrs Blackmore (against) addressed the meeting.

RESOLVED:  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:-

That in the event that the construction of the dwellings has not commenced on site 1 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 with the amendment of the second informative in relation to the development proposed on site 1 as follows:-

The details of reserved matters of appearance and layout should provide for a high quality design led approach, using design cues drawn from the local vernacular. In preparing the details, you are strongly urged to introduce ridge heights which are less than the indicated maximum parameter, due to the prominent location of the site.

Voting:   12 – For  1 – Against  0 – Abstentions

Note:  Councillor Nelson-Gracie requested that his dissent be recorded.

All Members except Councillor Black stated that they had been lobbied.

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

RESOLVED:  That permission be granted.

Voting:  9 – For  3 – Against  0 – Abstentions

Note:  Having stated that she had pre-determined this application, Councillor Paterson did not participate in the voting.

Having stated that he knew Mr Norton, who had registered to speak on behalf of the applicant, Councillor Ash left the meeting whilst this application was discussed.

The Chairman and Councillors Black and Hinder stated that they had been lobbied.

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

Mr Wadey, an objector, and Mr Norton, for the applicant, addressed the meeting.

RESOLVED:  That this application be deferred for the submission of a fully detailed landscaping scheme to enable full consideration of the scheme and layout.

Voting:  10 – For  0 – Against  2 – Abstentions

The Chairman and Councillor Hinder stated that they had been lobbied.

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

Councillor Evernden of Detling Parish Council (against) and Mr Collins, 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 additional informative set out in the urgent update report.

Voting:  13 – For  0 – Against  0 – Abstentions

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 Scannell, for an objector, Mr Gould, for the applicant, and Councillor Beerling (in support) addressed the meeting.

RESOLVED:

1.  That subject to the applicant amending the contract to purchase the application site from the Council so as to secure the execution of a Section 106 legal agreement upon completion of the purchase to ensure:-

·  A contribution of £11,088 for the Primary Care Trust to be spent at the new surgery within the application site;

·  A contribution of £2,348 for Kent County Council for improvements to the book stock at the new library and adult education at the new library;

·  A contribution of £748.50 for Kent County Council towards adult social services that will be provided within the urban area of Maidstone; and

·  A contribution of £15,750 for Maidstone Borough Council Parks and Open Space to be used on projects within a 2km radius of the application site,

the Head of Development Management 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 set out in the urgent update report and the deletion of the reason for approval set out on page 156 of the agenda (the reason for approval to be as set out on pages 148-149 of the agenda).

2.  That the contribution to be sought for Maidstone Borough Council Parks and Open Space should be spent on projects to be agreed in consultation with the Ward Members.

Voting:   12 – For  0 – Against  0 – Abstentions

Note:  Having stated that she had pre-determined this application, Councillor Mrs Gooch did not participate in the discussion or voting.

The Chairman announced that following a visit by a group of Members and Officers from Swale Borough Council to a recent meeting of the Planning Committee, he had received an email from their Cabinet Member complimenting Members and Officers on the way in which the meeting was conducted.  Swale had also enquired about the possibility of joint training sessions.

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

6.00 p.m. to 9.55 p.m.