It was noted that apologies for absence had been received from Councillor Thick.

It was noted that Councillor Garland was substituting for Councillor Thick.

Councillor Chittenden indicated his wish to speak on the reports of the Development Control Manager relating to applications MA/09/1147, MA/09/1562 and MA/09/1563.

Councillor Horne indicated his wish to speak on the report of the Development Control Manager relating to application MA/09/1696.

Councillor Mrs Stockell indicated her wish to speak on the report of the Development Control Manager relating to application MA/09/1558.

There were none.

Update Reports

The Chairman stated that, in his opinion, the update reports of the Development Control Manager and the Assistant Director of Development and Community Strategy should be taken as urgent items because they contained further information relating to matters to be considered at the meeting.

Councillor English disclosed a personal interest in the reports of the Development Control Manager relating to applications MA/09/1562 and MA/09/1563.  He stated that he was a Member of Tovil Parish Council, but he had not participated in the Parish Council’s discussions on the applications and intended to speak and vote when they were considered.

Councillor Harwood disclosed a personal interest in the report of the Development Control Manager relating to application MA/09/0713.  He stated that he was a Member of Boxley Parish Council, but he had not participated in the Parish Council’s discussions on the application and intended to speak and vote when it was considered.

Councillor Garland stated that whilst he and Councillors Ash and Greer had an interest as Cabinet Members in the proposed redevelopment of the former Maidstone Borough Council depot site in Armstrong Road and the former Park and Ride site at Coombe Quarry, they had not pre-determined applications MA/09/1562 and MA/09/1563 and intended to speak and vote when they were discussed.

RESOLVED:  That the item on Part II of the agenda and the exempt Appendices to the urgent update report of the Development Control Manager be taken in public but the information contained therein should remain private.

RESOLVED:  That the Minutes (Parts I and II) of the meeting held on 17 December 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 in February.

MA/08/2439 - Change of use of land to employment purposes and erection of mixed use building to provide storage and workshops (Class B2/B8) and associated works including access and parking - Unit 15, Wheelbarrow Industrial Estate, Pattenden Lane, Marden

The Development Control Manager advised Members that he was in discussion with the owners of the site regarding amendments to the scheme.

All Members stated that they had been lobbied. 

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

Mr Blundell, for the applicant, and Councillor Chittenden addressed the meeting on this application and linked application MA/09/1563.

RESOLVED:

1.  That subject to:-

A)  The prior completion of a legal agreement, in such terms as the Head of Legal Services may advise, to ensure that the development is retained as 100% social rented housing; and

B)  No new/additional representations being received following the most recent public consultation on the amended plans

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 conditions and amended reason for granting permission set out in the urgent update report.

2.  That the details to be submitted pursuant to conditions 9 (materials) and 17 (landscaping) and the positioning of the zebra crossing must be agreed in consultation with the Ward Members.

Voting:  13 – 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 Development Control Manager.

Mr Blundell, for the applicant, and Councillor Chittenden had already addressed the meeting on linked application MA/09/1562. 

RESOLVED:

1.  That subject to:-

A)  The prior completion of a legal agreement, in such terms as  the Head of Legal Services may advise, to ensure that the development is retained as 100% social rented housing; and

B)  No new/additional representations being received following  the most recent public consultation on the amended plans

  the Development Control Manager be given delegated powers to

grant permission subject to the conditions and informatives set out in the report and the additional conditions and informative set out in the urgent update report.

2.  That the details to be submitted pursuant to conditions 2 (materials) and 5 (landscaping) must be agreed in consultation with the Ward Members.

Voting:  13 – For  0 – Against  0 – Abstentions

All Members except Councillor Nelson-Gracie stated that they had been lobbied.

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

Councillor Spain of Boxley Parish Council (against) and Councillor Jones of Bredhurst Parish Council (against) addressed the meeting.

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

You are advised to work closely with Building Control to achieve a higher level of insulation and general sustainability than the existing buildings.

Voting:  11 – For  1 – Against  1 – Abstention

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

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

Mrs Finn of the Detling Conservation Area Residents’ Association, an objector, Councillor Cosgrove of Detling Parish Council (against) and Councillor Horne addressed the meeting.

RESOLVED:

1.  That subject to:-

A)  No additional/new representations being received following the most recent public consultation on the amended plans; and

B)  The submission of an ecological survey (including bat survey) and any resultant mitigation measures

the Development Control Manager be given delegated powers to grant permission subject to the conditions and informatives set out in the report and the additional conditions set out in the urgent update report, with the amendment of condition 10 and an additional informative as set out below and an ecological mitigation measures implementation condition if necessary:-

Condition 10 (amended)

No development shall take place until an independently verified report has been submitted to and approved in writing by the Local Planning Authority showing that the development achieves at least a score of Level 3 for each residential unit under “The Code for Sustainable Homes”.  Each residential unit shall be provided strictly in accordance with the approved report before it is occupied.

Reason:  To ensure a sustainable and energy efficient form of development in accordance with policy CC4 of the South East Plan 2009, Kent Design 2000 and PPS1.

Additional Informative

The provision of “swift bricks” on the external faces of the buildings should be employed in the interest of nature conservation and biodiversity enhancement.

2.  That the details to be submitted pursuant to conditions 2 (materials) and 6 (landscaping) must be agreed in consultation with the Ward Member and the Parish Council. 

Voting:  10 – For  0 – Against  3 – Abstentions

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

Councillor Mrs Brindle of Coxheath Parish Council (against) addressed the meeting.

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

Voting:  13 – For  0 – Against  0 – Abstentions

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

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

Mr Wise, for objectors, Councillor Burton of Langley Parish Council (against), Mr Osborne, the applicant, and Councillor Mrs Stockell addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions and informatives set out in the report with the amendment of condition 3 and additional conditions and informative as follows:-

Condition 3 (amended)

The development shall not take place until a scheme of landscaping, including significant landscaping belts including double staggered hedgerows along the north eastern and south western boundaries, 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 have been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines.

Reason:  No such details have been submitted in accordance with policies ENV6 of the Maidstone Borough-Wide Local Plan 2000 and BE1 of the South East Plan 2009.

Additional Conditions

Notwithstanding the submitted plans, the development shall not commence until amended parking details showing a reduction in the amount of hard surfacing for informal parking/turning areas has been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

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

Notwithstanding the submitted plans, the development shall not commence until amended parking details, including the provision of a "shared surface" to the access for vehicular and pedestrian traffic and omitting the pedestrian pavement, together with samples of materials to be used, have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason:  To ensure a satisfactory and safe access and egress to the development and to provide a high quality finish in accordance with policy ENV6 of the Maidstone Borough-Wide Local Plan 2000, policies CC6 and BE1 of the South East Plan 2009 and PPG13.

Additional Informative

The applicant is advised to use anti-glare coated or tinted glazing for the rooflights.

Voting:  13 – For  0 – Against  0 – Abstentions 

The Chairman stated that he had been lobbied.

The Committee considered the report of the Development Control Manager.

Mrs Dunn, an objector, and Councillor Arger of Staplehurst Parish Council (against) addressed the meeting.

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

Voting:  7 – For  0 – Against  6 – Abstentions 

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

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

Mrs Carr, for the applicant, and Councillor Chittenden addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions set out in the report, as amended by the urgent update report, with the amendment of condition 2 and an informative as follows:-

Condition 2 (amended)

The development hereby permitted shall only be used by the Penenden Heath Pre-School and this use shall only be carried out between the hours of 9am to 5pm each day.

Reason:  In the interests of neighbouring residential amenity in accordance with PPS1.

Informative

The applicant is encouraged to provide soft landscaping between the play area and the west boundary of the site to soften the visual appearance of the mesh fence.  In addition, it is advised that the mesh fence should be green in colour.

Voting:  12 – For  1 – Against  0 – Abstentions 

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

RESOLVED:  That conservation area consent be granted subject to the condition set out in the report.

Voting:  12 – For  0 – Against  0 – Abstentions 

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

The Committee considered the report of the Development Control Manager setting out details of appeal decisions that had been received since the last meeting.  The Development Control Manager advised the Committee that enforcement action would be taken in respect of breaches of planning control at 21 Gabriels Hill.

RESOLVED:  That the report be noted.

Note:  Councillor English was not present during consideration of this report. 

The Committee considered the report and the urgent update report of the Assistant Director of Development and Community Strategy concerning Tree Preservation Order No. 16 of 2009 which was made under Section 201 of the Town and Country Planning Act 1990 to protect an area of Sweet Chestnut coppice woodland at the junction of Heath Road and Dean Street, East Farleigh.  It was noted that one objection to the Order had been received within the statutory 28 day period from the making of the Order.

RESOLVED:  That Tree Preservation Order No. 16 of 2009 be confirmed without modification.

Voting:  12 – For  0 – Against  0 – Abstentions 

Note:  Councillor English was not present during consideration of this report.

The Chairman announced that:-

·  He had asked that arrangements be made for him to meet with the Political Group Spokespersons at the earliest opportunity.  Items relating to Section 106 Agreements and car parking standards would be included on the agenda for the meeting. 

With regard to car parking standards, it was felt that a briefing note was required setting out the current policies and current practice; responding to the suggestion that the Council might adopt the Kent Design Guide Review Interim Guidance Note 3 on Residential Parking; and setting out the necessary steps for the Council to adopt its own standards for parking.

·  He wished to draw the Committee’s attention to the decision of the Cabinet Member for Environment to adopt the Model Standards 2008 for Caravan Sites in England as the basis for setting conditions of Caravan Site Licences issued under the Caravan Sites and Control of Development Act 1960 as amended.

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

6.00 p.m. to 9.45 p.m.