It was noted that apologies for absence had been received from Councillors Eves, Munford and Trzebinski.

It was noted that Councillor Springett was substituting for Councillor Eves and that Councillor Brice would be substituting for Councillor Trzebinski.

There were no Visiting Members.

There were none.

The Chairman said that he intended to take the update reports of the Head of Planning and Development and the verbal updates in the Officer presentations as urgent items as they contained further information relating to the applications to be considered at the meeting.

Councillor Springett said that she had asked that application 21/504963/FULL (48 Tydeman Road, Bearsted, Maidstone, Kent) be determined by the Committee to enable local residents who had concerns to speak.  She was not pre-determined, would listen to the discussion before making up her mind, and intended to speak and vote when the application was discussed.

The following disclosures of lobbying were noted:

Note:  Councillor Brice joined the meeting during the disclosures of lobbying (6.10 p.m.).  She said that at that point she had no disclosures of interest or of lobbying.  Later during the meeting, Councillor Brice said that she had realised that she had an interest in application 20/505611/SUB (Dickens Gate, Marden Road, Staplehurst, Tonbridge, Kent) which was listed as a deferred item. She explained that the wider development was close to her property.  She would have left the room, but the purpose of the item was to provide an update and the application was not debated.

See Minute 179 below

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

RESOLVED:  That the Minutes of the meeting held on 18 November 2021 be approved as a correct record and signed.

There were no petitions.

20/505611/SUB - SUBMISSION OF DETAILS TO DISCHARGE CONDITION 18 - FOUL AND SURFACE WATER SEWERAGE DISPOSAL SUBJECT TO 14/502010/OUT - DICKENS GATE, MARDEN ROAD, STAPLEHURST, TONBRIDGE, KENT

The Development Manager said that although some information had been submitted, it was not sufficient to enable the application to be reported back to the Committee.

The Committee considered the report of the Head of Planning and Development.

The Major Projects Manager introduced this application explaining in detail why it was considered that the proposal accorded with the policy tests in both the Maidstone Borough Local Plan 2017 and the Loose Neighbourhood Plan 2019, particularly the assessment of harm to the countryside.

The Major Projects Manager advised the Committee that he wished to amend proposed condition 5 (Renewable Energy) to require details of an Energy Performance Completion Certificate.

Councillor Andrew of Loose Parish Council and Mr Wilford, for the applicant, addressed the meeting in person.

During the discussion, reference was made to, inter alia, the risk of setting a precedent, the relationship of the development to the Loose Valley Conservation Area, ecological impacts, access and visitor parking, design quality in terms of detailing and materials, the type of external lighting proposed and the future management of the central amenity area.

The Major Projects Manager explained that both the Neighbourhood Plan and the Salts Wood scheme (a new woodland scheme being brought forward by the Boughton Monchelsea Amenity Trust which had the effect of containing the site, both physically and visually) were material changes in circumstances since the 2017 refusal of a larger scheme.

The Major Projects Manager also suggested further amendments to the proposed conditions and additional conditions in response to the points raised in the discussion.

Considering the application to be finely balanced, the Committee:

RESOLVED:

1.  That subject to:

A.  The prior completion of a legal agreement in such terms as the Head of Legal Partnership may advise to secure the Heads of Terms set out in the report; AND

  B.  The conditions and informatives set out in the report, with

The amendment of condition 5 (Renewable Energy) to require details of an Energy Performance Completion Certificate;

The amendment of condition 6 (Landscaping and Biodiversity) to require details of the future management of the central amenity area;

An additional condition requiring 1:20 drawings showing details of key parts of the buildings to ensure that design quality is secured;

An additional condition requiring a scheme for visitor parking; and

An additional informative reiterating the need for the materials to be of a high quality,

  the Head of Planning and Development be given delegated powers to grant permission and to finalise the wording of the amended and additional conditions and the additional informative and to amend any other conditions as a consequence.

2.  That the details to be submitted relating to the scheme for visitor parking are to be agreed in consultation with the Chairman, Vice-Chairman and Political Group Spokespersons of the Planning Committee.

Voting:  9 – For  1 – Against  0 – Abstentions

Note:  Councillors Harwood and Kimmance joined the meeting after consideration of this application (7.10 p.m.).

Councillor Harwood said that he had been lobbied on items 13 (21/505452/LBC - Mote Park, A20 Ashford Road Junction with Willington Street, Maidstone, Kent) and 21 (21/506124/TPOA - Woodland off The Mallows, Maidstone, Kent).  ...  view the full minutes text for item 179.

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

Mr Collins addressed the meeting remotely on behalf of the applicant.

RESOLVED:  That subject to:

A.  The prior completion of a legal agreement in such terms as the Head of Legal Partnership may advise to secure the Heads of Terms set out in the urgent update report; AND

B.  The conditions and informatives set out in the report,

the Head of Planning and Development be given delegated powers to grant permission and to be able to settle or amend any necessary Heads of Terms of the legal agreement in line with the matters set out in the recommendation and as resolved by the Planning Committee.

Voting:  7 – For  1 – Against  4 – Abstentions

FURTHER RESOLVED:  That the Officers be requested to work with the Police to achieve a non-planning application-led solution to the traffic related problems associated with the vehicular gate at the corner of Pested Bars Road.

Voting:  11 – For  0 – Against  0 – Abstentions

Note:  Councillor Brice was not present during the voting on this issue.

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

Mr Carey addressed the meeting remotely 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, with:

An additional condition to be finalised by the Head of Planning and Development in consultation with the Chairman, Vice-Chairman and Political Group Spokespersons of the Planning Committee and Ward Members setting out the design and landscape qualitative parameters that will dictate the future reserved matters; and

Delegated powers being given to the Head of Planning and Development to review and tighten the conditions to seek maximum sustainability and design quality.

Voting:  9 – For  0 – Against  2 – Abstentions

Note:  Since Councillor Brice was not present for all of the Officer’s presentation on this application, she did not participate in the discussion or the voting.

The Committee considered the report of the Head of Planning and Development.

RESOLVED:  That consideration of this application be deferred to:

Seek clarification on why the listed wall needs to be re-positioned to accommodate the junction works;

Request a KCC Highways Officer to attend Planning Committee to clarify the predicted capacity improvements; and

Clarify further the public benefits of the proposal.

Voting:    7 – For  4 – Against  1 – Abstention

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

In introducing the application, the Senior Planning Officer asked the Committee to ignore the reference to the Loose Neighbourhood Plan in the first sentence of paragraph 7.03 of the report.

Councillor Brown of Yalding Parish Council and Mr McKay, agent for the applicant, addressed the meeting remotely.

RESOLVED:

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

  The amendment of the second sentence of condition 3 (Positioning of Caravans) to read:

  The caravans shall only be positioned on the site as set out on the submitted drawings and shall not be positioned to the southern part of the site; and

  The amendment of condition 6 (Commercial Activities) to read:

No commercial activities shall take place on the land, including the breeding of poultry and dogs and the storage of materials.

2.  That the Head of Planning and Development be given delegated powers to finalise the wording of the amended conditions and to amend any other conditions as a consequence.

Voting:  9 – For  1 – Against  2 – Abstentions

FURTHER RESOLVED:  That the applicant and the Licensing Team be requested to liaise regarding animal welfare standards at the site.

Voting:  11 - For  0 – Against  1 – Abstention

The Committee considered the report of the Head of Planning and Development.

In introducing the application, the Heritage, Landscape and Design Team Leader advised the Committee that the site notice would expire that day and no representations had been received to date.

RESOLVED:

1.  That permission be granted subject to the condition and informatives set out in the report, with an additional informative advising the applicant that the cordwood should be retained and stacked safely within St Andrews Park in the interests of biodiversity.

2.  That the Head of Planning and Development be given delegated powers to finalise the wording of the additional informative.

Voting:  12 – For  0 – Against  0 – Abstentions

The Committee considered the report of the Head of Planning and Development.

In introducing the application, the Heritage, Landscape and Design Team Leader advised the Committee that the site notice would expire that day and no representations had been received to date.

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

Voting:  12 – For  0 – Against  0 – Abstentions

The Committee considered the report of the Head of Planning and Development.

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

Voting:  10 – For  0 – Against  2 – Abstentions

The Committee considered the report of the Head of Planning and Development.

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

Voting:  11 – For  1 – Against  0 – Abstentions

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

RESOLVED:  That the report be noted.

6.00 p.m. to 10.15 p.m.