It was noted that apologies for absence had been received from Councillors Harwood and Mrs Robertson.

There were no Substitute Members.

Councillor Horne indicated his wish to speak on the report of the Head of Development Management relating to application MA/10/0824.

Councillors B Mortimer and Parr indicated their wish to speak on the reports of the Head of Development Management relating to applications MA/10/0839 and MA/10/1079.

Update Reports

The Chairman stated that, in his opinion, the update reports of the Head of Development Management and the Head of Spatial Planning should be taken as urgent items because they contained further information relating to matters to be considered at the meeting.

MA/10/1028 – Erection of 4 no. 3 bedroom houses, 7 no. 2 bedroom flats and 3 no. 1 bedroom flats with associated parking and landscaping – Land at Penhurst Close, Grove Green, Kent

The Committee considered the urgent update report of the Head of Development Management recommending that this application be withdrawn from the agenda.  He explained that the site was designated as an area of Public Open Space in the Maidstone Borough-Wide Local Plan 2000.  Further consideration of the implications of the designation for the proposed development was required and it was also necessary to advertise the application as a departure from the provisions of the Development Plan.

RESOLVED:  That agreement be given to the withdrawal of application MA/10/1028 from the agenda.

Councillor Barned disclosed a prejudicial interest in the report of the Head of Development Management relating to application MA/09/2349 by virtue of being the Vice-Chairman of the Board of Golding Homes which would manage the proposed development.

During the discussion on the report of the Head of Development Management relating to application MA/10/1606, Councillor Barned disclosed a personal interest by virtue of being the Vice-Chairman of the Board of Golding Homes which objected to the proposal.

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

RESOLVED:  That the Minutes of the meeting held on 25 November 2010 be approved as a correct record and signed subject to the amendment of the Heads of Terms of the proposed Section 106 legal agreement relating to application MA/10/0594 (Minute 222) as follows:-

7.  A contribution of £1,575 per dwelling for Maidstone Borough Council Parks and Open Space to be shared between improvements to the play area within Mote Park and the Len Valley Nature Reserve, with the bulk being allocated to Mote Park.

(1)  MA/10/1322 – SINGLE STOREY SIDE INFILL EXTENSION WITH BAY WINDOW TO REPLACE CAR PORT, SINGLE STOREY REAR EXTENSION, TWO STOREY REAR EXTENSION WITH ACCOMMODATION IN ROOF, ADDITION OF TWO NO. DORMERS AND RAISING OF MAIN RIDGE HEIGHT – 110 LOOSE ROAD, MAIDSTONE

  See Minute 247 below.

(2)  MA/10/0202 – PLANNING APPLICATION FOR ERECTION OF 14 DWELLINGS – SHARP HOUSE, TOVIL GREEN, TOVIL, MAIDSTONE

  The Head of Development Management advised the Committee that negotiations were continuing in respect of this application.

Councillor Mrs Wilson stated that she had been lobbied.

Councillor Ash stated that he knew the occupiers of Cobham Cottage, but he had not been lobbied and he had no interest in the application.

Councillor Chittenden stated that he knew the application site, but he had no interest in the application.

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

Councillor Horne addressed the meeting.

RESOLVED:

1.  That permission be granted subject to the conditions and informative set out in the report and the additional condition and informatives set out in the urgent update report with the amendment of condition 7 as follows:-

Prior to the completion of the access, details of all fencing and landscaping along the northern boundary of the proposed new access shall be submitted to and approved in writing by the Local Planning Authority.  These details shall include a 1m high fence within the visibility splay area, a 1.8m high fence outside the visibility splay area and hedging of indigenous species.  The fencing shall be installed prior to the completion of the access in accordance with the approved details and maintained thereafter to the satisfaction of the Local Planning Authority.

Reason:  To ensure a satisfactory appearance to the development and to safeguard the enjoyment of their property by the occupiers of Cobham Cottage.  This in accordance with policies C3 and NRM10 of the South East Plan 2009 and advice contained within PPG24 Planning and Noise.

2.  That Councillor Horne should be consulted on the details to be submitted pursuant to condition 4 (drainage).

Voting:  9 – For  2 – Against  0 – Abstentions

All Members stated that they had been lobbied.

The Chairman stated that he wished to make clear that although he had met with the applicant, it was at the applicant’s request as he was concerned about how the application was being processed.  They had not discussed the detail of the application.

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

Mrs Ray, an objector, Councillor Arger of Staplehurst Parish Council (against) and Mr Shaw, the applicant, addressed the meeting.

RESOLVED:  That consideration of this application be deferred for:-

·  Larger scale and better quality plans;

·  More details of materials;

·  Negotiations to secure an improved landscaping scheme with the possibility of increasing the maintenance period; and

·  Negotiations regarding the possibility of moving the housing eastwards into the wildflower meadow area to increase the separation from Crowther Close.

Voting:  10 – For  0 – Against  0 – Abstentions

Note:  Councillor English left the meeting during consideration of this application.  He returned shortly afterwards, but did not participate further in the discussion or voting on the application.

Having disclosed a prejudicial interest, Councillor Barned left the meeting whilst this application was discussed.

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

Mr Juffs, an objector, Councillor Stancombe of Sutton Valence Parish Council (in support) and Mr King, for the applicant, addressed the meeting.

RESOLVED:  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:-

·  The development as 100% affordable housing;

·  The occupation of the development by persons meeting local connections criteria; and

·  The provision of a 160sqm wildlife area with appropriate management regimes in the land to the south west of the application site, as shown on plan number 5425 01 Rev C

the Head of Development Management 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 condition set out in the urgent update report with (a) the deletion of the second reason for approval, condition 18 and the word “duty” from paragraph (vii) of condition 12 and (b) the amendment of condition 7 as follows:-

No development shall take place until details in the form of large scale drawings (at a scale of 1:20 or 1:50) of the following matters have been submitted to and approved by the Local Planning Authority:-

1)  Details of the roof overhangs, eaves and exposed rafter feet.

2)  Details of windows and doors and recesses/reveals (which shall be a minimum of 70mm).

3)  Details of the soldier courses.

4)  Details of the brick plinths.

The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason:  To ensure a satisfactory external appearance to the development in the interests of the visual amenity and character of the surrounding area in accordance with PPS1.

Voting:  10 – For  0 – Against  0 – Abstentions

The Committee considered the report of the Head of Development Management.

Councillor Charlton of East Farleigh Parish Council (in support), Mr Potts, for the applicant, and Councillors B Mortimer and Parr (both in support) addressed the meeting.

RESOLVED:  That permission be refused for the reasons set out in the report.

Voting:  5 – For  0 – Against  6 – Abstentions

All Members except Councillors Hinder, Nelson-Gracie and J A Wilson stated that they had been lobbied.

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

Mrs Lander, for the applicant, and Councillors B Mortimer and Parr (both in support) addressed the meeting.

RESOLVED:  That consideration of this application be deferred to enable the Officers to:-

·  Consider the effectiveness and suitability of conditions and/or a legal agreement in terms of ensuring that the live-work units remain as such and do not become solely residential; and

·  Advertise the application as a departure from the provisions of the Development Plan.

Voting:  8 – For  1 – Against  2 – Abstentions

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

RESOLVED:  That permission be refused for the reasons set out in the report with the deletion of the proposed reason for approval.

Voting:  11 – For  0 – Against  0 – Abstentions

The Committee considered the report of the Head of Development Management.

RESOLVED:  That permission be granted.

Voting:  11 – For  0 – Against  0 – Abstentions

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

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

Voting:  11 – For  0 – Against  0 – Abstentions

Councillor Mrs Wilson stated that she had been lobbied.

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

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

Voting:  11 – For  0 – Against  0 – Abstentions

See Minute 235 above.

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

RESOLVED:  That the report be noted.

The Committee considered the report and the urgent update report of the Head of Spatial Planning concerning Tree Preservation Order No. 8 of 2010 which was made under Section 201 of the Town and Country Planning Act 1990 to protect one Oak tree and woodland on land at Great Oak Farm, Friday Street, East Sutton.  It was noted that one objection to the Order had been received within the statutory 28 day period from its making.  Two further representations had been received outside the statutory period expressing concern about the effect of confirming the Order on the ability to manage the woodland in the future.

Mr May addressed the meeting on behalf of the owner of the land, who objected to the Order.

RESOLVED:  That Tree Preservation Order No. 8 of 2010 be confirmed without modification.

Voting:  11 – For  0 – Against  0 – Abstentions

The Chairman announced that:-

·  He wished to emphasise that the Committee did not show any favouritism to Members or Officers in the determination of planning applications.

·  He had asked for the procedures relating to site visits to be circulated to all Members and Substitute Members of the Planning Committee.

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

Members reiterated their request for a workshop on transportation/sustainability issues.

6.00 p.m. to 9.45 p.m.