The Committee considered the report of the Development Control Manager concerning the proposed amendment of the Constitution to give Parish Councils the option of having a differing view from the Case Officer on a planning application without necessitating the referral of the application to Committee for determination.  It was noted that:-

·  At present, the Director of Prosperity and Regeneration/ Development Control Manager had delegated powers to undertake all the functions relating to planning and conservation, except where the intended delegated decision on a planning or related application would be contrary, inter alia, to the written view of any Parish Council.

·  Parish Councils had expressed an interest in the option of being able to have a different view from the Case Officer on an application without it having to be reported to the Planning Committee for determination as a result.

·  In addition to giving greater flexibility to Parish Councils, this option was likely to lead to a reduction in the number of applications having to be reported to Committee and a reduction in costs as the average cost of processing an application to Committee for determination was greater than dealing with it under delegated powers.

·  To enable the new option to be implemented, it would be necessary to recommend to the Council that Section 2 headed “Responsibility for Council Functions” of Part 3 of the Constitution be amended by the addition of the words “and the Parish Council has requested that the application is determined by the Planning Committee” to paragraph (b) of the delegation to the Director of Prosperity and Regeneration/Development Control Manager to undertake all the functions relating to planning and conservation, except in certain circumstances.

·  The Parish consultation letter would be amended to reflect the introduction of the new option.

·  The Maidstone Area Committee of the Kent Association of Local Councils had discussed the proposed new arrangements and believed that they would give Parish Councils greater flexibility and encourage dialogue with the Planning Department.

During the discussion, Councillors English and J A Wilson stated that since they were serving Parish Councillors and the Secretary and Chairman of the Maidstone Area Committee of the Kent Association of Local Councils respectively, they would speak but not vote on the proposed new arrangements.

Councillors Harwood and Mrs Marshall also stated that they were serving Parish Councillors.

RECOMMENDED:  That Section 2 headed “Responsibility for Council Functions” of Part 3 of the Constitution be amended by the addition of the words “and the Parish Council has requested that the application is determined by the Planning Committee” to paragraph (b) of the delegation to the Director of Prosperity and Regeneration/Development Control Manager to undertake all the functions relating to planning and conservation, except in certain circumstances, as follows: -

The Director of Prosperity and Regeneration/Development Control Manager have delegated power to undertake all the functions relating to planning and conservation, except where the intended delegated decision on a planning or related application:

(b)  would be contrary to the written view of any  ...  view the full minutes text for item 1.

Apologies were received from Councillor Ash.

The following Substitute Members were noted: -

Councillor Garland for Councillor Ash.

Councillor Mrs Ring for Councillor Thick until his arrival.

RESOLVED: That Councillor Lusty be elected as Chairman of the Committee for the Municipal Year 2009/10.

RESOLVED:  That Councillor J A Wilson be elected as Vice-Chairman of the Committee for the Municipal Year 2009/10.

Councillor Sams indicated his wish to speak on the report of the Development Control Manager relating to application MA/09/0351.

It was noted that no applications have been withdrawn from the Agenda.

Update Report

The Chairman stated that, in his opinion, the update report of the Development Control Manager 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, with regard to the report of the Development Control Manager relating to application MA/09/0527, the applicants were known to him.  Whilst he did not believe that this amounted to a personal or prejudicial interest, he would speak but not vote when the application was discussed.

Councillor J A Wilson stated that, with regard to the report of the Development Control Manager relating to application MA/08/2477, Mr Derek Nicholson, who was sitting in the public gallery and who was a Director of the Company which was acting as agent for the applicant, was known to him and the other Conservative Group Members present at the meeting by virtue of being a former Member of the Borough Council and the Secretary to the Maidstone Conservative Councillors’ Group.  However, they had not discussed the application with Mr Nicholson and intended to speak and vote when it was considered.

Ms Louise Rowlands, Kent Highway Services, disclosed an interest in the report of the Development Control Manager relating to application MA/08/2489 by virtue of having a family connection with the applicant company.  With the agreement of the Committee, Ms Rowlands remained in the meeting when the application was discussed in order to give advice if necessary.

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

RESOLVED:  That the Minutes of the meetings held on 30 April and 7 May 2009 be approved as correct records and signed.

RESOLVED:  That the following Members be appointed as Spokespersons for their respective Political Groups for the Municipal Year 2009/10:-

Councillor J A Wilson – Conservative Group

Councillor Harwood – Liberal Democrat Group

Councillor Mrs Marshall – Independent Group

MA/08/0333 – To increase the number of permitted caravan pitches from 10 to 20, involving revised access road and layout – The Finches, Chartway Street, Kingswood, Maidstone

The Development Control Manager advised the Committee that he hoped to be in a position to report this application back to the next meeting.

NOTE:  The applications are minuted in the order that they were discussed.  The item numbers relate to the agenda for the meeting.

(17)  MA/08/2477 – Erection of fourteen flats (6 two bedroom and 8 one bedroom) with seven parking spaces, bins and cycle store – 8-28 Brunswick Street, Maidstone

All Members except Councillors English, Nelson-Gracie and Paterson stated that they had been lobbied.

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

RESOLVED:  

(i)  That subject to the prior completion of a legal agreement in such terms as the Head of Legal Services may advise to secure the following:-

1.  The development as 100% affordable housing.

2.  A contribution towards the provision of off-site open space (£22,050).

3.  The dispersal of any remaining contribution in accordance with the priorities adopted by the Council on 12 July 2006 towards the provision of Adult Education facilities.

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

The detailing of the proposed building should incorporate a red brick plinth to pay respect to the adjacent Victorian terraced houses.

The interior of the building should be enhanced through the use of glazing that maximises the amount and use of natural light.

The landscaping scheme should incorporate a hawthorn or privet hedgerow to the front boundary and mixed native species hedgerow to the rear boundary.

(ii)  That consideration be given to using the Section 106 contribution secured for the provision of off-site open space for the maintenance and improvement of Collis Millennium Green if at all possible.

Voting:  13 – For  0 – Against  0 – Abstentions

(18)  MA/08/2489 – An application for the approval of reserved matters for the demolition of existing school buildings and the erection of 357 residential units together with the creation of a vehicular access, open space and landscaping pursuant to outline application MA/07/0947 – Senacre Technology School, Sutton Road, Maidstone

All Members stated that they had been lobbied.

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

Mr Keer 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 and informatives set out in the urgent update report.

  Voting:  13 – For  0 – Against  0 – Abstentions

NOTE: Councillors Garland and Mrs Ring left the meeting after consideration of this application.

(19)  MA/09/0351 – Erection of nine, one, two and three bedroom dwellings with amenity space, parking, access and landscaping (re-submission of MA/07/2389) – Harrietsham Highways Depot, Marley Road, Harrietsham

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

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

Mr Bogle, an objector, Councillor Clifton of Harrietsham Parish Council (against), Mr Przyjemski, for  ...  view the full minutes text for item 14.

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

RESOLVED:  That the report be noted.

PLEASE NOTE:

·  The order in which items are taken at the meeting may be subject to change.

·  The public proceedings of the meeting will be broadcast live, and recorded for playback, on the Maidstone Borough Council website.

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

The Chairman announced that:-

·  He had received praise for the way in which the Kent International Gateway planning application meeting had been conducted and he wished to congratulate and thank all the Officers involved for their work before and during the meeting, including those responsible for the domestic arrangements.

·  A joint application was being made with Tunbridge Wells Borough Council for places at the Planning Summer School. 

6.00 p.m. to 9.00 p.m.