It was noted that apologies for absence had been received from Councillors Ash and Paterson.

The following Substitute Members were noted:-

Councillor Bradshaw for Councillor Ash

Councillor Robertson for Councillor Paterson

Councillor Garland indicated his wish to speak on the reports of the Head of Development Management relating to applications MA/10/0691 and MA/10/0692.

It was noted that Councillor Mrs Blackmore had indicated her wish to speak on the report of the Head of Development Management relating to application MA/10/0538.

There were none.

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 the applications to be considered at the meeting.

Mrs Deanne Cunningham, Team Leader Landscape, disclosed an interest in the reports of the Head of Development Management relating to applications MA/10/0691 and MA/10/0692.  She stated that she had attended meetings of the Working Party set up to progress the High Street regeneration scheme.  With the agreement of the Committee, Mrs Cunningham remained in the meeting when these applications were discussed.

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

RESOLVED:  That the Minutes of the meeting held on 10 June 2010 be approved as a correct record and signed.

It was noted that a petition would be referred to in relation to application MA/10/0691.

See Minute 53 below.

(1)  MA/08/1766 - RETROSPECTIVE APPLICATION FOR THE CHANGE OF USE TO CARAVAN SITE TO PROVIDE GYPSY ACCOMMODATION WITH 4 PLOTS, INCLUDING 4 MOBILE HOMES AND 6 TOURING CARAVANS AND ASSOCIATED WORKS (INCLUDING HARDSTANDING, FENCING, UTILITY BUILDINGS AND CESS POOL) AND KEEPING OF HORSES - FIELD KNOWN AS WHEATGRATTEN, LENHAM FORSTAL ROAD, LENHAM

The Head of Development Management advised the Committee that he was still awaiting the survey information requested in respect of this application.

(2)  MA/09/2043 - ERECTION OF A REPLACEMENT DWELLING WITH DOUBLE GARAGE AND CREATION OF A NEW DRIVEWAY (RE-SUBMISSION OF MA/09/1298) - STUBBLE HILL COTTAGE, SANDWAY ROAD, HARRIETSHAM, MAIDSTONE

The Head of Development Management advised the Committee that the ecological report and landscaping plan had now been received and would be put out to consultation.

All Members stated that they had been lobbied.

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

Mr Hill, an objector, Mr Foster, for the applicant, and Councillor Garland addressed the meeting.

RESOLVED:  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 8 and the informative relating to street furniture and an additional informative as follows:-

Condition 8 (amended)

Notwithstanding the details submitted, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping in accordance with Drawing No. 009 Revision B (draft) amended to show the approximate location of all trees (including the three additional trees located in King Street and the Lower High Street) and replacing Acer campestre “Elsrijk” with Acer campestre “Streetwise”.  These details shall include any trees to be retained, together with measures for their protection in the course of the development and a programme for the approved scheme’s implementation and long term management.

Reason:  To ensure a high quality finish to the development hereby permitted in accordance with PPS1, PPS5 and the Kent Design Guide.

Informative (Street Furniture)(amended)

All street furniture, including lamp columns, CCTV columns, bus stops, refuse bins, railings and seating shall be designed in such a way as to reflect the Maidstone Blue colour and form of the furniture provided elsewhere within the Town Centre by the Local Authority.

Additional Informative

A Monitoring Panel comprising Officers and Ward Members should be set up to ensure that all aspects of the development are completed as approved.

Voting:  12 – For  0 – Against  1 – Abstention

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

Mr Hill, Mr Foster and Councillor Garland had already addressed the meeting on associated application MA/10/0691.

RESOLVED:  That this application be referred to the Secretary of State for determination with a recommendation that listed building consent be granted subject to the conditions and informative set out in the report.

Voting:  9 – For  0 – Against  4 – Abstentions

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

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

RESOLVED:  That permission be granted with the informative set out in the report.

Voting:  12 – For  0 – Against  0 – Abstentions

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

Mrs Williams, an objector, Councillor Munford of Boughton Monchelsea Parish Council (against) and Mr Perrin, for the applicant, addressed the meeting.

RESOLVED:  That consideration of this application be deferred for negotiations to achieve an effective buffer zone (15 metres where practical) to protect the adjacent woodland and also to explore the issue of imposing a condition prohibiting domestic pets on site.

Voting:  12 – For  0 – Against  0 – Abstentions

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

Councillor Burnham of Staplehurst Parish Council (against) addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions and informatives set out in the report with the amendment of conditions 2, 5 and 6 and informative 2 as follows:-

Condition 2 (amended)

The development shall not commence until written details and samples of the materials to be used in the construction of the external surfaces of the building(s) hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be constructed using the approved materials.  Notwithstanding thedetails already approved, these details required to be submitted shall include cladding (to match that of the existing properties within the vicinity) of the flank wall of the approved building at first floor level.

Reason:  To ensure a satisfactory appearance to the development in accordance with policies BE1 and CC6 of the South East Plan 2009. 

Condition 5 (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 and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and a programme for the approved scheme's implementation and long term management.  The scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines and shall also include the retention of the existing hedgerow on the eastern boundary of the site.

Reason:  No such details have been submitted. 

Condition 6 (amended)

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or the completion of the development, whichever is the sooner; and any trees or plants which within a period of ten years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:  To ensure a satisfactory setting and external appearance to the development in accordance with policies ENV6 of the Maidstone Borough-Wide Local Plan 2000 and BE1 and CC6 of the South East Plan 2009.

Informative 2 (amended)

No burning should be carried out on site during works.

Voting:  12 – For  0 – Against  0 – Abstentions

All Members stated that they had been lobbied.

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

Mr Proctor, for the applicant, and Councillor Mrs Blackmore (in support) addressed the meeting.

RESOLVED:  That permission be refused for the reason set out in the report and the following additional reason:-

The application site features habitats potentially suitable for protected species and in the absence of an ecological survey to identify the presence or otherwise of such species, the extent that they may be affected by the proposed development and any mitigation measures, it has not been demonstrated that the development would not result in harm to biodiversity interests contrary to advice within PPS9 and Circular 06/2005.

Voting:  12 – 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 set out in the report.

Voting:  12 – For  0 – Against  0 – Abstentions

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

RESOLVED:  That subject to the expiry of the consultation period, the Head of Development Management be given delegated powers to grant advertisement consent subject to the conditions set out in the report.

Voting:  12 – For  0 – Against  0 – Abstentions

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

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

Voting:  12 – For  0 – Against  0 – Abstentions

The Committee considered the report of the Head of Spatial Planning  concerning Tree Preservation Order No. 3 of 2010 which was made under Section 201 of the Town and Country Planning Act 1990 to protect one Sycamore tree and one Lime tree on land at North Lodge, 57 Heathfield Road, Maidstone.  It was noted that two objections to the Order had been received within the statutory 28 day period from its making.

RESOLVED:  That Tree Preservation Order No. 3 of 2010 be confirmed without modification.

Voting:  12 – For  0 – Against  0 – Abstentions

The Committee considered the report and the urgent update 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 Chairman announced that:-

·  He was delighted that so many Members had attended the planning training recently.  The tour of planning sites was being arranged to take place in September.

·  Bethan Cox, the Mayor’s PA, would be leaving the employment of the Council on 7 July.  He would like to thank her for her assistance in ensuring that meetings of the Planning Committee ran smoothly.

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

6.00 p.m. to 8.30 p.m.