It was noted that apologies for absence had been received from Councillors English and Nelson-Gracie.

The following Substitute Members were noted:-

Councillor Garland for Councillor Nelson-Gracie

Councillor Mrs Wilson for Councillor English

Councillor Chittenden indicated his wish to speak on the report of the Development Control Manager relating to application MA/09/1764.

Councillors Chittenden and Naghi indicated their wish to speak on the report of the Development Control Manager relating to application

MA/09/0996.

Councillor J Wilson indicated his wish to speak on the report of the Assistant Director of Development and Community Strategy relating to Tree Preservation Order No. 10 of 2009.

There were none.

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.

During consideration of application MA/09/1764, Councillor Paine stated that he worked in the same section as Mr Hogg who had registered to speak as an objector.  However, he had not discussed the application with him and intended to speak and vote.

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

RESOLVED:  That the Minutes of the meeting held on 5 November 2009 be approved as a correct record and signed.

MA/09/1061 - Construction of temporary Spanish polythene tunnels - Marshalls Farm, Hunt Street, West Farleigh

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

The Committee considered the report of the Assistant Director of Development and Community Strategy concerning Tree Preservation Order No. 10 of 2009 which was made under Section 201 of the Town and Country Planning Act 1990 to protect trees at the British Telecom site, Beaconsfield Road, Maidstone.  It was noted that eight letters of objection to the Order, including a petition, had been received within the statutory 28 day period from the making of the Order.  Two letters of support had also been received.

The Assistant Director of Development and Community Strategy advised the Committee that there were no grounds of objection which were sufficient to throw the making of the Order into doubt.  However, structural defects present in trees T9, T10 and T11 and the indications of declining health of T4 suggested that these trees should be omitted from the Order if confirmed.

All Members except Councillors Ash and Garland stated that they had been lobbied.

Mr Verkaik, an objector, Councillor Charlton of Tovil Parish Council (against) and Councillor J Wilson addressed the meeting.

RESOLVED:  That Tree Preservation Order No. 10 of 2009 be confirmed with modifications to omit four sycamore trees: T4, T9, T10 and T11.

Voting:  12 – For  0 – Against  1 – Abstention

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

Mrs Cook, an objector, and Councillors Naghi and 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)  A contribution of £12,312 (plus any legal costs) to the NHS West Kent Primary Care Trust;

  (ii)  A contribution of £17,325 for parks and open spaces to be spent within a two mile radius of the application site; and

  (iii)  A contribution of £26,785 towards adult education, libraries and youth and community facilities within the locality of the application site

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, and the additional informatives set out in the urgent update report with the amendment of condition 6 and additional informatives as follows:

Condition 6 (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, hedgerows and boundary planted areas on the land, and details of any to be retained, together with measures for their protection in the course of development in conjunction with the details required pursuant to condition 8, and a programme for the approved scheme's implementation to include the planting of the southern boundary landscaping in the first planting season following commencement of the development and the scheme’s long term management.  The scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelinesand shall include the use of climbing plants on, and trees adjacent to, the wall to the south boundary of the site and trees.  The submitted details shall include inter-alia full consideration of the protection of potential slow worm habitats in and around the marginal boundary areas during construction.  The approved protection measures shall be implemented before any equipment, machinery or materials are brought onto the site and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed, nor fires lit, within any of the areas protected in accordance with this condition.  The siting of barriers/ground protection shall not be altered, nor ground levels changed, nor excavations made within these areas without the written consent of the Local Planning Authority.

Reason:  No such details have been submitted and in the interests of the visual amenities of the locality, the safeguarding of existing trees, hedgerows, boundary planted areas and potential slow worm habitats to be retained in accordance with policy ENV6 of the Maidstone Borough-Wide Local Plan 2000 and PPS1 and PPS9, and the interests of the residential amenity of the occupiers of the properties to the south of the site in accordance with policies  ...  view the full minutes text for item 233.

The Committee considered the report of the Development Control Manager.

RESOLVED:  That permission be granted subject to the condition and informative set out in the report.

Voting:  11 – For  1 – Against  1 – Abstention

Note:  Councillor Garland left the meeting prior to consideration of this application (6.55 p.m.).  He returned whilst the application was being discussed (7.00 p.m.), but did not participate in the discussion or voting.

All Members stated that they had been lobbied.

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

Mr Wade, an objector, and Councillor Andrews of Headcorn Parish Council (against) addressed the meeting.

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

The existing site access to Wheeler Street should not be used by construction traffic.

The developer should incorporate techniques to achieve level 3 of the Code for Sustainable Homes in the development.

Improvements to the boundary treatments should be considered that would enable the hedge to establish.

Voting:  12 – For  0 – Against  0 – Abstentions

Note:  Councillor Moriarty was not present during consideration of this application.

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

Councillor Hoy of Broomfield and Kingswood Parish Council (against) and Mr Schroeder, 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 following additional informative:-

Consideration should be given to the future maintenance of the landscaping to the boundary of the site fronting Chartway Street with particular regard to maintaining the height of screening.

Voting:  12 – For  0 – Against  0 – Abstentions

Note:  Councillor J A Wilson was not present during consideration of  this application.

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:  13 – 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 and informatives set out in the report as amended by the urgent update report.

Voting:  13 – For  0 – Against  0 – Abstentions

Note:  Councillor Thick left the meeting after consideration of this application.

Application for amendments to the development (originally permitted under reference MA/03/1595 as the erection of 9 three bedroom houses and 1 one bedroom maisonette with associated parking) seeking retention of the buildings as sited and alterations to the elevational treatment as constructed comprising amended roof profiles to Blocks A & B, repositioning of main entrance to the maisonette unit to the west elevation (Block B), changing entrance door to the maisonette unit to south elevation to a window (Block B), repositioning northern balcony to first floor level (Block B), utilising single access structure to Block B and extending this to allow access to maisonette unit complete with disabled access ramp, removal of side entrance deck to maisonette unit, introduction of small first floor windows in west and north elevations  (Block B), reduction in glazed area to north elevation (Block B), introduction of first floor terrace to maisonette unit to east elevation (Block B), amendments to layout of balconies at first floor (Block A), removal of second floor balcony to south elevation (Block A), reduction in curtain wall glazing and introduction of 3 small windows to east elevation (Block A), introduction of 2 small windows west elevation (Block A) and general relocation of materials (Blocks A&B).

All Members stated that they had been lobbied.

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

Mr Hogg, an objector, Councillor Charlton of Tovil Parish Council (against) and Councillor Chittenden addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions set out in the report, the additional condition set out in the urgent update report and the following informative:-

The developer should put in place signage and/or road markings indicating that the access between 11 and 13 Beaconsfield Road is for emergency use only and that no parking should take place on it.

Voting:  11 – For  0 – Against  1 – Abstention

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 updating the position with regard to financial contributions negotiated and secured through Section 106 Agreements during the last quarter.  It was noted that the Internal Audit Section had, in the past, expressed concern that the Council did not have in place a robust system to monitor and enforce the receipt of contributions.  The report confirmed that the necessary systems and procedures were in place or being established.

RESOLVED:  That the report be noted.

The Chairman announced that:-

·  He would urge all Members and Officers to support the Development Control Manager in his efforts to raise money for prostate cancer research.

·  He had been lobbied on the need for residential developments to meet a high level of sustainability in their construction and future energy/water consumption and suggested that the Cabinet Member for Regeneration be asked to progress Members’ expressed wish to ensure that developments achieve a minimum score of Level 3 or better for each residential unit under the Code for Sustainable Homes. 

The Cabinet Member for Regeneration who was present at the meeting said that he understood Members’ concerns and would liaise with the Development Control Manager with a view to a report being submitted to a future meeting.

·  Prior to the next meeting of the Local Development Document Advisory Group, there would be a presentation for Members only on water quality.

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

6.00 p.m. to 8.45 p.m.