Agenda item

All Members stated that they had been lobbied.

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

Mr Phipps, an objector, Councillor Mrs Buller of Staplehurst Parish Council (against), Mr Page, for the applicant, and Councillor Perry (Visiting Member) (against) addressed the meeting.

RESOLVED:  That subject to the prior completion of a S106 legal agreement in such terms as the Head of Legal Partnership may advise to secure the following:

A.  The provision of 40% affordable housing (equating to 100 dwellings) and the designation of at least 5 no. of the affordable units to provide wheelchair accessible homes;

B:  A contribution towards highway works at the junction of the A229 (Station Road) and Marden Road to mitigate the impact of the development (the amount to be finalised by the Head of Planning and Development acting under delegated powers);

C.  A contribution towards the improvement and enhancement of vehicle and cycle parking provision at the railway station development (the amount to be finalised by the Head of Planning and Development acting under delegated powers);

D.  The following contributions based on a pro rata assessment of the exact number of dwellings proposed at the reserved matters stage:

  A contribution for Kent County Council of £580,725.90 towards the construction of Phase 1 of the expansion of Headcorn Primary School (40.65 pupils from HDF @ £14,286 per pupil);

  A contribution for Kent County Council of £129,453.99 towards land acquisition costs in connection with the expansion of Headcorn Primary School (40.65 pupils from HDF @ £3,184.60 per pupil);

A contribution for Kent County Council of £487,888.65 for secondary education to be used towards the expansion of Cornwallis School (41 pupils @ £11,799 per pupil);

A contribution for Kent County Council of £12,003.95 to be used to address the demand from the development towards additional book stock at Staplehurst Library; and

A contribution for Kent County Council of £2,110.58 to be used to address the demand from the development for youth equipment (to be supplied to youth workers and organisations covering Staplehurst);

E.  The provision of on-site open space of not less than 4.66 hectares

(open space areas should be a mixture of formal and semi-natural areas and allotment areas);

A contribution of £613.02 per dwelling towards the improvement or upgrade of facilities at Lime Trees, Surrenden Playing Field; and

  The appointment of a management company by the developer to be responsible for the on-going maintenance of the public open space.

  The management company shall submit to and obtain the approval in writing of the Local Planning Authority to the details required under sub-sections E.1 and E.2 below:

E.1 - Prior to the commencement of development of each phase as agreed under condition 5 of this permission, an Ecological Design Strategy (EDS) addressing ecological mitigation and enhancement of each phase in the context of the wider site shall be submitted to and approved in writing by the Local Planning Authority.  The EDS shall include the following:

a)  Purpose and conservation objectives for the proposed works;

b)  Review of site potential and constraints, informed by further survey effort as appropriate;

c)  Detailed design(s) and/or working method(s) to achieve stated objectives (may be provided as a set of method statements).  Incorporation of bird and bat boxes and swift bricks in the fabric of houses and on trees within the landscaped areas;

  d)  Role and responsibilities on-site of an ecological clerk of works (ECoW) or similarly competent person;

e)  Extent and location/area of proposed works on appropriate scale maps and plans;

f)  Type and source of materials to be used where appropriate, e.g. native species of local provenance;

g)  Timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

h)  Persons responsible for implementing the works;

i  Details of initial aftercare and long term maintenance; and

j)  Details for monitoring and remedial measures.

The EDS shall be implemented in accordance with the approved details unless varied by a European Protected Species licence subsequently issued by Natural England.  In the interests of securing the maximum benefit for biodiversity any variation of the agreed mitigation required by Natural England must not result in the reduction in the quality or quantity of mitigation/compensation provided and all features shall be retained in that manner thereafter.

E.2 - Prior to the commencement of development of each phase as agreed under condition 5 of this permission, a Landscape and Ecological Management Plan for each phase in the context of the wider site shall be submitted to and approved in writing by the Local Planning Authority.

The content of the LEMP shall include the following:

  a)  Description and evaluation of features to be managed;

  b)  Ecological trends and constraints on site that might influence management;

  c)  Aims and objectives of management;

d)  Appropriate management prescriptions for achieving aims and objectives;

e)  Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period);

f)  Details of the body or organisation responsible for implementation of the plan; and

  g)  On-going monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.  The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.  The approved plan will be implemented in accordance with the approved details.

the Head of Planning and Development be given delegated powers to grant outline permission subject to the conditions and informatives set out in the report, as amended by the urgent update report, and the additional conditions and informative set out in the urgent update report with the amendment of conditions 12, 17 and 18 as follows:

Condition 12 (amended)

Prior to the commencement of each phase of development as agreed under condition 5 of this permission, no works (in relation to that specific phase being pursued) shall take place until a construction management plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall make provision for arrangements during the period up until the last dwelling is completed and shall include details of:

a)  A programme for the phasing of work to construct the development, including the roads, landscaping and open space;

b)  The location of temporary site buildings, compounds and areas used to store plant and materials;

c)  Arrangements for the routing, turning and access of lorries into the site;

d)  Arrangements for the parking of vehicles of site operatives and visitors;

e)  Measures to control and mitigate noise and vibration from construction activities, including piling;

f)  Arrangements for the storage, collection and disposal of waste;

g)  Measures to prevent mud and dust being deposited on the highway;

h)  The erection and maintenance of security hoarding, including any decorative displays and facilities for public viewing;

i)  Temporary lighting;

j)  Noise generating plant; and

k)  Details of how landscape features acting as existing biodiversity networks, including hedgerows, will be retained and protected during the construction phase.

The development shall take place in accordance with the approved plan.

Reason:  In the interests of residential amenities in the area and in the interests of biodiversity and ecology.

Condition 17 (amended)

No development shall take place until a sustainable surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 100yr critical storm (including an allowance for climate change) will not exceed the run-off from the undeveloped site following the corresponding rainfall event, and so not increase the risk of flooding both on or off site.

The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Reason:  To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

Condition 18 (amended)

The development hereby permitted shall not commence until details of the proposed means of foul and surface water sewerage disposal have been submitted to, and approved in writing by, the Local Planning Authority in consultation with Southern Water.  The submitted details shall incorporate inter-alia wildlife friendly drainage gullies and design features and shall be completed in full prior to first occupation of the dwellings hereby permitted.

Reason:  To ensure that foul and surface water is satisfactorily managed and disposed of from the site and in the interests of the protection of local wildlife.

Voting:  9 – For  1 – Against  2 – Abstentions

Note:  Councillor Paine left the meeting after consideration of this item (10.26 p.m.).