Apologies for absence were received from Councillors English and Garland.

The following substitutions were noted:-

Councillor Black for Councillor Garland

Councillor Chittenden for Councillor English

Councillor Moriarty for Councillor Newton.

Councillors Mrs Gooch, Mortimer and Mrs Stockell indicated their wish to speak on the report of the Head of Planning relating to application MA/10/1391.

Councillor Munford indicated his wish to speak on the report of the Head of Planning relating to applications MA/12/1989 and MA/12/1994.

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 because it contained further information relating to the applications to be considered at the meeting.

Councillor Harwood stated that he was a Member of Boxley Parish Council, but he had not participated in the Parish Council’s discussions regarding application MA/12/1426 and intended to speak and vote when it was considered.

Councillor Chittenden stated that since he had pre-determined applications MA/12/1989 and MA/121994 he would speak but not vote when it was discussed.

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

RESOLVED: That the minutes of the meeting held on 21 February 2013 be approved as a correct record and signed.

There were no petitions.

MA/12/0232 - ERECTION OF A CLASS A1 RETAIL STORE, ASSOCIATED PARKING AND PETROL FILLING STATION; TRANSPORT INTERCHANGE COMPRISING BUS AND TAXI DROP-OFF/PICK UP FACILITIES, 39 SHORT STAY RAILWAY STATION CAR PARKING SPACES AND COVERED WALKWAY TO EXISTING RAILWAY STATION BUILDING; AND 660-SPACE COMMUTER CAR PARK AND NATURE AREA - LAND AT STATION APPROACH AND GEORGE STREET, STAPLEHURST

The representative of the Head of Planning reported that this would be coming back to committee in the near future.

MA/11/0478 - APPLICATION TO DISCHARGE CONDITIONS RELATING TO MA/03/1147/02 (APPROVAL OF RESERVED MATTERS OF SITING, MEANS OF ACCESS, DESIGN, EXTERNAL APPEARANCE AND LANDSCAPING PURSUANT TO CONDITIONS 1, 2 AND 3 OF OUTLINE PERMISSION MA/03/1147 FOR A REPLACEMENT COMMUNITY CENTRE, JUNIOR FOOTBALL PITCH, 83 DWELLINGS, ASSOCIATED PARKING, ACCESS ROAD AND LANDSCAPING, RE- SUBMISSION OF MA/03/1147/01) BEING SUBMISSION OF DETAILS RECEIVED ON 24 MARCH 2011 AND 8 MARCH 2012 PURSUANT TO CONDITIONS 11 – SLAB LEVELS, 14 - FLOODLIGHTING AND 16 – PERIMETER FENCING TO THE SPORTS PITCH - YMCA, MELROSE CLOSE, MAIDSTONE

The representative of the Head of Planning indicted that this item was on the agenda for consideration.

The Committee considered the report of the Head of Planning.

Mr Wright, the objector, and Mr Tibbit, for the applicant, addressed the meeting.

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

The applicant is encouraged to maximise the number of dedicated disabled parking bays, but not at the expense of the overall numbers of parking spaces.

Voting:  12 – For  0 – Against  0 - Abstentions

All members of the committee stated that they had been lobbied.

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

Mr Moon, for the objectors, Councillor Scott of West Farleigh Parish Council, Councillor Charlton of East Farleigh Parish Council, Councillors Mrs Gooch, Mortimer and Mrs Stockell addressed the meeting.

Contrary to the recommendation of the Head of planning, the Committee agreed to refuse permission. In making this decision, Members felt that they supported the reasons for refusal recommended by the Highway Authority and that the application should be refused on highway grounds.

RESOLVED: That permission be refused for the following reason:-

The traffic generated by the development would by reason of the restricted width, location and  poor alignment of the site access together with the general alignment and width of St Helens Lane in the vicinity of the access point, result in conditions prejudicial to highway safety on St Helens Lane.

Voting:   12 – For  0 – Against  0 – Abstentions

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

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

Mrs Morgan, an objector, and Councillor Butcher of Staplehurst Parish Council addressed the meeting.

RESOLVED: That, subject to the expiry of the departure advertisement and the raising of no new issues, the Head of Planning be given delegated powers to grant permission subject to the conditions and informatives set out in the report with the following additional informative:-

You are encouraged to include the provision of suitably located bat bricks within the development.

Voting:  10 – For  1 – Against  1 – Abstention

Councillor Lusty stated that he had been lobbied.

The Committee considered the report of the Head of Planning.

Councillor Butcher of Staplehurst Parish Council addressed the meeting.

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

Voting:  13 – For  0 – Against  0 – Abstentions

Note: Councillor Hogg arrived in the meeting at the start of this item.

Councillor Lusty stated that he had been lobbied.

The Committee considered the report of the Head of Planning.

Mr Atkinson, an objector, Councillor Butcher of Staplehurst Parish Council, and Mr Court, for the applicant, addressed the meeting.

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

The development hereby permitted shall not commence until details have been submitted to and approved by the local planning authority showing the provision of swift bricks on the building set at a minimum height of 5m above ground level. The development shall thereafter be undertaken in accordance with the subsequently approved details

Reason: In the interests of biodiversity, in accordance with policy NRM5 of the South East Plan 2009 and  the advice in the National Planning Policy Framework 2012.

Voting:  13 – For  0 – Against  0 – Abstentions

The Committee considered the report of the Head of Planning.

RESOLVED: That, subject to the completion of a Section 106 legal agreement in such terms as the head of Legal Services may advise to secure the following:-

1)  Contributions of £15,750 being made towards the improvement of Mote Park, which is situated less than half a mile from the application site.

2)  Contributions of £2,433.62 bring made towards the improvement of library facilities within the new archive centre.

3)  Contributions of £155.49 being made towards the enhancement of youth facilities within Maidstone.

4)  Contributions of £427.70 being made towards the community learning within Maidstone.

5)  Contributions of £748.48 being made towards adult social services within Maidstone.

the Head of Planning be given delegated powers to grant permission subject to the conditions and informative set out in the report.

Voting:  13 – 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:  13 – For  0 – Against  0 Abstentions

The Committee considered the report of the Head of Planning.

RESOLVED: That the details received pursuant to Conditions 11, 14 and 16 of planning permission MA/03/1147/02 be approved subject to the condition set out in the report.

Voting:  11 – For  0 – Against  2 – Abstentions

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

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

Mr Carter of North Loose Residents Association, an objector, Councillor Munford of Boughton Monchelsea Parish Council and visiting member and Mrs Luscombe, for the applicant, addressed the meeting.

RESOLVED: That subject to the prior completion of a s106 agreement in such terms as the Head of Legal Services may advise to secure a contribution of £29,250 towards the provision of a dedicated ‘bus-lane along the A229 Loose Road between its junction with the A274 Sutton Road and Armstrong Road, the Head of Planning be given Delegated Powers to grant planning permission subject to the following conditions set out in the report as amended by the urgent update report with the addition of condition 7 being amended as follows:-

The details of landscaping pursuant to condition 1 above shall include inter-alia,

1:   Details of a minimum 15m wide buffer between built development on the site and the adjacent semi-natural ancient woodland to the west together with a management programme showing the area to be managed to the benefit of biodiversity. 

2:   Details of enhancement measures to increase roosting opportunities for bats and birds

3:   Details of Tree Protection Measures and Root Protection Areas in accordance with BS5837:2012 'Trees in Relation to Design, Construction and Demolition-Recommendations'

4:   Details showing the removal of the existing car parking spaces/hardstanding areas located in the woodland area adjacent to Boughton Lane immediately to the west of the existing car park and their replacement with woodland tree planting.

Reason: To ensure the enhancement and protection of wildlife and supporting habitat pursuant to the advice in the NPPF 2012.

Voting:  7 – For  3 – Against  2 – Abstentions

(Councillor Chittenden having predetermined this application spoke but did not vote) 

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

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

Mr Carter of North Loose Residents Association, an objector, Councillor Munford of Boughton Monchelsea Parish Council and visiting member and Mrs Luscombe, for the applicant, addressed the meeting.

RESOLVED: That subject to the prior completion of a s106 agreement in such terms as the Head of Legal Services may advise to secure a contribution of £15,750 towards the provision of a dedicated ‘bus-lane along the A229 Loose Road between its junction with the A274 Sutton Road and Armstrong Road, the Head of Planning be given Delegated Powers to grant planning permission subject to the following conditions set out in the report as amended by the urgent update report with the addition of condition 7 being amended as follows:-

The details of landscaping pursuant to condition 1 above shall include inter-alia,

1:   Details of enhancement measures to increase roosting opportunities for bats and birds

2:   Details of Tree Protection Measures and Root Protection Areas in accordance with BS5837:2012 'Trees in Relation to Design, Construction and Demolition-Recommendations'

3:   Details showing the removal of the existing car parking spaces/hardstanding areas located in the woodland area adjacent to Boughton Lane immediately to the west of the existing car park and their replacement with woodland tree planting.

Reason: To ensure the enhancement and protection of wildlife and supporting habitat pursuant to the advice in the NPPF 2012.

Voting:  7 – For  3 – Against  2 – Abstentions

(Councillor Chittenden having predetermined this application spoke but did not vote) 

All members of the Committee stated that they had been lobbied with the exception of Councillors Black, Hogg, Paine and Paterson.

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

Mr Oben, for the objectors, Councillor Hinder of Boxley Parish Council, and Mr Atkinson, for the applicant addressed the meeting.

RESOLVED: That, subject to the receipt of no representations raising new planning issues as a result of the publicity of this application as a departure from the provisions of the Development Plan and the description of the development to refer to drawing 1213/12/6revC received 12/03/2013, the Head of Planning be given delegated powers to grant permission subject to the conditions set out in the report as amended by the urgent update report including additional informatives.

Voting:  11 – For  0 – Against  2 – Abstentions

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

RESOLVED: That the report be noted.

6.00 p.m. to 9.47 p.m.