Agenda item

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

Ms Lamb, for the applicant, and Councillor Newton (Visiting Member) addressed the meeting.

It was moved by Councillor Harwood, seconded by Councillor English, that subject to the prior completion of a S106 legal agreement, the Head of Planning and Development be given delegated powers to grant permission subject to the conditions set out in the report, as amended by the second urgent update report, with the amendment of the Head of Term of the proposed S106 legal agreement relating to the establishment of a “development monitoring committee” to include Councillor Harwood as a member of the Committee and an amended condition 9 regarding the incorporation into the landscaping scheme of native trees and shrubs with downy leaves which are effective in capturing particulate pollutants from the atmosphere.

An amendment was moved by Councillor Prendergast, seconded by Councillor Powell, that the application be deferred for updated Air Quality Assessments based on the cumulative impact of this and other developments coming forward along the A274 Sutton Road.  When put to the vote, the amendment was lost.

In accordance with Council Procedure Rule 21.4, three Members of the Committee requested that a named vote be taken on the original motion.

The voting was as follows:

RESOLVED:  That subject to the prior completion of a S106 legal agreement, the precise details to be negotiated and agreed by the Head of Planning and Development in consultation with the Head of Legal Partnership, to secure the following:

·  The provision of 30% affordable residential units within the application site; the tenure split to be 38% shared ownership (31 units) and 62% social rented (50 units);

·  A financial contribution of £798,095.00, as calculated in Appendix A to the first urgent update report of the Head of Planning and Development, towards improvements to capacity at the junctions of Willington Street/Wallis Avenue and Sutton Road to be secured prior to commencement of development, subject to final amendments to be negotiated between the Head of Planning and Development acting under delegated powers and developers;

·  A financial contribution of £365,850.00, as calculated in Appendix A to the first urgent update report of the Head of Planning and Development, towards the subsidy required to enable the improvement of the bus service on routes 12 and 82 out to Bicknor Farm and into the land south of Sutton Road development with the prioritisation of high quality bus services serving Headcorn Railway Station, Bearsted Railway Station and the Cornwallis Academy with Real Time Information, Fast Track etc., subject to final amendments to be negotiated between the Head of Planning and Development acting under delegated powers and developers;

·  A financial contribution of £609,893.00 towards the land acquisition costs for provision of a new school at Langley Park and £903,000.00 towards construction costs;

·  A financial contribution of £37,313.99 towards the community facility being delivered as part of the new school at Langley Park;

·  A financial contribution of £532,725.00 towards the construction of a phase of extending the Cornwallis Academy, Maidstone;

·  A financial contribution of £13,013.42 towards libraries to address the demand from the development for additional book stock;

·  A financial contribution of £108,400.00 towards the improvement, maintenance, refurbishment and replacement of off-site facilities for play equipment and play areas, ground works, outdoor sports provision and pavilion facilities at Senacre Recreation Ground;

·  A financial contribution of £224,892.00 for the NHS to upgrade surgeries as required at the Wallis Avenue Surgery, Orchard Surgery Langley, Mote Medical Practice and Northumberland Court Surgery;

·  Annual monitoring and reporting of the effect of displaced traffic on highway routes surrounding the site (“rat-running” monitoring);

·  A financial contribution towards suitable mitigation measures to combat any significant adverse traffic flow conditions as may be established by the monitoring exercise to be conducted;

·  The establishment of a “development monitoring committee” to be responsible for the review of all aspects of the development, including design, phasing, quality etc., with such members to include an Officer of the Borough Council, Ward Member(s), Councillor Harwood, representatives of the appropriate Parish Council(s) and a representative of the developers; and

·  A financial contribution towards the setting up and running of this “development monitoring committee”,

the Head of Planning and Development be given delegated powers to grant permission subject to the conditions set out in the report, as amended by the second urgent update report, with the amendment of condition 9 as follows:

Condition 9 (Landscaping) (amended)

No development shall commence until there has been submitted to, and approved in writing by, the Local Planning Authority a scheme of landscaping which shall include indications of all existing trees and hedgerows on the land and details of those to be retained, together with details of enhancement, boundary strengthening, buffer zone planting and measures for their protection in the course of the development and programme for maintenance. The submitted details shall include, inter alia, the followingusing the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines:

i)  Means of protection from strimmer and mower damage;

ii)  Details of tree planting pits for street trees, including root guidance systems to avoid disruption of surfaces and services;

iii)  Use of a minimum of nursery standard size trees of appropriate native species for street tree planting within the development and at turning heads;

iv)  A mix of scrub and grassland meadow to the 15 metre buffer between the development and the ancient woodland;

v)  Details of tree planting to create a strong boundary treatment to the immediate north of the site to create a landscape corridor between Bicknor Wood and Belts Wood; and

vi)  The incorporation of native trees and shrubs with downy leaves which are effective in capturing particulate pollutants from the atmosphere.

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 buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five 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 external appearance to the development.

Voting:  8 – For  3 – Against  1 – Abstention