It was noted that apologies for absence had been received from Councillor Paterson.

It was noted that Councillor Chittenden was substituting for Councillor Paterson.

Councillor Moss indicated his wish to speak on the report of the Head of Planning relating to Tree Preservation Order No.5 of 2012 which was made under Regulation 4 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012 to protect three Pine trees at the rear of 12, 14 and 16 Ashdown Close, Maidstone.

There were none.

Update Report

The Chairman stated that, in his opinion, the update report of the Head of Planning should be taken as an urgent item as it contained further information relating to matters to be considered at the meeting.

Councillor Newton stated that since he would be donating the plinth for the proposed statue, he intended to leave the meeting when the report of the Head of Planning relating to application MA/12/2008 was discussed.

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

RESOLVED:  That the Minutes of the meeting held on 22 November 2012 be approved as a correct record and signed.

There were no petitions.

MA/12/0324 - RETROSPECTIVE APPLICATION FOR HARD LANDSCAPING WORKS TO REAR GARDEN (RE-SUBMISSION OF MA/11/1872) - RHENCULLEN, BRIDGE STREET, LOOSE, MAIDSTONE

The representative of the Head of Planning advised Members that the amended details had been submitted and put out to re-consultation.  He anticipated that the application would be reported back to the Committee in January 2013.

MA/12/0760 - CONTINUED USE OF LAND AS A RESIDENTIAL GYPSY SITE WITHOUT COMPLYING WITH PREVIOUSLY IMPOSED CONDITIONS RELATING TO RESTRICTED OCCUPANCY TO MR J BIGNALL SNR AND HIS IMMEDIATE FAMILY, AND INCLUDING THE STATIONING OF A MOBILE HOME; THE RETENTION OF HARDSURFACING AND BOUNDARY FENCING AND PROPOSED BOUNDARY FENCING; THE RETENTION OF A DAY ROOM WITH CONSERVATORY ADDITION; A SEPARATE STOREROOM BUILDING; AND THE RETENTION OF A NEW ACCESS CREATED ONTO THE LENHAM ROAD - LAND AT THE MEADOWS, LENHAM ROAD, HEADCORN, KENT

The representative of the Head of Planning advised the Committee that negotiations were taking place with the applicant’s agent and it was anticipated that an amended plan would be submitted in the near future showing changes to the site layout to help reduce the visual impact of the development.

The Committee considered the report of the Head of Planning concerning Tree Preservation Order (TPO) No.5 of 2012 which was made under Regulation 4 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012 to protect three Pine trees at the rear of 12, 14 and 16 Ashdown Close, Maidstone.  It was noted that the Order had been made following the revocation of TPO No.19 of 2011 which was incorrectly served.  Three objections had been received to the making of the Order.

Mr Bristow, an objector, and Councillor Moss addressed the meeting.

Members were mindful that no technical evidence had been put forward to suggest that the trees were unsafe or likely to fail.  There had been no grounds of objection which were considered sufficient to throw the making of TPO No.19 of 2011 into doubt and there were none in relation to the making of TPO No.5 of 2012.  In addition, confirmation of a TPO did not prevent the owner of a tree from making an application to carry out works or from carrying out emergency or “exempt" works without the need for an application if they became necessary.

RESOLVED:  That Tree Preservation Order No.5 of 2012 be confirmed without modification.

Voting:  13 – For  0 – Against  0 – Abstentions

All Members stated that they had been lobbied.

The Committee considered the report of the Head of Planning.

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

Voting:  13 – For  0 – Against  0 – Abstentions

All Members stated that they had been lobbied.

The Committee considered the report of the Head of Planning.

The representative of the Head of Planning submitted details of concerns raised by Councillor Hotson, a Ward Member, who was unable to attend the meeting.  It was noted that these concerns related to parking issues and the visual impact of the proposed development.

Mrs Mahoney, an objector, Councillor Mrs Ashby of Staplehurst Parish Council (against) and Mr Hudson, for the applicant, addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions and informatives set out in the report and the following additional informative:-

The applicant is requested to give some consideration to lowering the height of the front boundary fence around the apex of the corner in order to improve forward visibility.

Voting:  9 – For  1 – Against  3 – Abstentions

Note:  Councillor Garland left the meeting after consideration of this application (7.20 p.m.)

All Members stated that they had been lobbied.

The Committee considered the report and the urgent update report of the Head of Planning.

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

Voting:  12 – For  0 – Against  0 - Abstentions

The Committee considered the report of the Head of Planning.

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 Head of Planning.

Councillor Taylor of Harrietsham Parish Council (against) addressed the meeting.

RESOLVED:  That subject to the expiry of the departure advertisement and the receipt of no representations raising new issues, the Head of Planning 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, and the following additional condition:-

The development shall not commence until details of boundary enclosures for the northern, southern and western site boundaries have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the subsequently approved details prior to the inauguration of the infiltration basin and maintained thereafter.

Reason:  To ensure a satisfactory and secure means of enclosure in the interests of the safety of adjoining occupiers pursuant to policy CC6 of the South East Plan 2009.

Voting:  12 - 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 Planning.

RESOLVED:

1.  That subject to:-

  A  The prior completion of the Section 106 legal agreement in relation to application MA/10/0555, and the payment of the required contributions upon completion of the agreement with no obligation on the Local Planning Authority to pay back the contributions if that development does not proceed;

  OR

  B  The prior completion of a Section 106 legal agreement in such terms as the Head of Legal Services may advise to secure the following required as a result of the additional demand created by the proposed development and the need to achieve the long term management of the proposed landscaping:-

·  A total contribution of £277.79 for book stock at the local libraries;

·  A total contribution of £218.92 towards community learning facilities;

·  A total contribution of £3,712.13 towards a training resource for people with disabilities, dementia care, Telecare equipment and other public facilities to assist with the integration of people with particular needs;

·  A total contribution of £12,600 for improving the existing health care facilities within Headcorn Surgery;

·  A total contribution of £15,750 being £1,575 per dwelling for the improvement of the open space within the surrounding area; and

·  A Landscape Management Plan for a period of not less than 10 years.

the Head of Planning be given delegated powers to approve application MA/12/1554 subject to the conditions and informatives set out in the report.

2.  That the note to the applicant set out in the urgent update report should be included on the decision notice.

Voting:  12 – For  0 – Against  0 – Abstentions

Having stated that he would be donating the plinth for the proposed statue, Councillor Newton left the meeting whilst this application was discussed.

The Committee considered the report and the urgent update report of the Head of Planning.

RESOLVED:  That subject to no further significant issues being raised as a result of outstanding statutory consultation, the Head of Planning be given delegated powers to grant permission subject to the conditions set out in the report.

Voting:  10 – For  0 – Against  1 – Abstention

The Committee considered the report of the Head of Planning setting out details of an appeal decision received since the last meeting.

RESOLVED:  That the report be noted.

The Chairman informed the Committee that consideration was being given to the Member training programme for the forthcoming year.  If Members had ideas for a training session/workshop, they should put them forward as soon as possible.

6.00 p.m. to 7.50 p.m.