Agenda item

Members are requested to bring their copy of the Maidstone Borough Local Plan Regulation 18 Consultation 2015 document, previously distributed, with them to refer to at the meeting.

Issue for decision

To consider the issues raised during the Local Plan Regulation 18 consultation held in October 2015 and the suggested changes to the Local Plan recommended in response.

Decision Made

1.  That the site allocation policies for “Land at Bydews Place” and “Land South of Tovil” in Appendix F of the committee report, and the amendments to those policies recommended in the urgent update, not be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan due to their unsustainable location and the unacceptable extension of the urban boundary of Maidstone into the open countryside.

2.  That the schedule of policies and amendments in Appendix B of the report and the further amendments recommended in the urgent update (as identified), be approved as follows:

a)  The sections headed “Introduction to the public consultation” and “Amendments relating to landscape and landscapes of local value” (pages 191-192 of the report) be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

b)  The sections relating to Housing Site Allocations – proposed new/for deletion/for amendment (pages 192-194 of the report) – together with the further amendments to policy H1(10) as set out in the urgent update, be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

c)  The section relating to the Proposed New Employment Site Allocation (pages 194-195 of the report) be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

d)  The section relating to Gypsy and Traveller Site Allocations (pages 195-196 of the report) be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

e)  The sections relating to “Proposed New Open Space Allocations”:

·  Amendments on pages 196-201 of the report;

·  Amendments headed “…recommended for other H1 policies where it is possible to identify a minimum or approximate quantum of open space provision and/or contributions” on pages 201-204 of the report;

·  Amendments headed “For a number of sites there remains some uncertainty whether open space can be delivered…” and “Open Space and Recreation” on pages 204 to 205 of the report, together with the further amendments to policy DM11 set out in the urgent update;

Be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan with an amendment to the policy wording to clarify that open space provision should be provided on site (save for in exceptional circumstances), and that where only off-site provision is possible in the exceptional circumstances, provision and/or contributions are agreed to be allocated or spent (as appropriate) only on suitable and deliverable site(s) within the vicinity of the development.

f)  The section relating to “Nursing and Care Homes” be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

g)  The sections relation to “Park and Ride site allocations proposed for deletion” and “Park and Ride” (page 207 of the report), together with the further amendments to policy DM15 as set out in the urgent update, be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

3.  That the officers’ responses to the representations submitted during the public consultations on the draft Maidstone Borough Local Plan (Regulation 18 consultation) in Appendix A of the report to Committee be noted.

4.  That the amendment to Policy DM4  - Design principles set out in paragraph 4.76 of the report to Committee be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

The Head of Planning and Development presented the report and the urgent update and explained the partial Regulation 18 consultation, which took place in October 2015, only contained certain policies and allocations which had not previously been out to consultation or had amendments.  This was the fourth time the draft Local Plan or parts of it, had gone through this process. The objective being to meet the objectively assessed housing need figure of 18,560 while trying to keep to the settlement hierarchy.

The Committee’s attention was drawn to the updated 20 year housing land supply, to 30 November 2015, position in the urgent update showing an unmet housing need shortfall of 79.  The two further sites the Committee were considering, if included, would provide an oversupply of 423 dwellings, equalling a half year supply of housing.  This would also provide a buffer should any of the sites in the draft Local Plan not be developed as expected.

Councillors Munford, Clark, Round, J Wilson, Thick and Blackmore addressed the Committee as Visiting Members.

During discussions the Committee considered the following issues:

·  The two new sites – Bydews Place, Tovil and Land South of Tovil.  Concerns were raised that the two sites had not gone through Regulation 18 consultation as others in the draft Local Plan had.  The Committee agreed there needed to be consistency and clarity in the Local Plan process, but there was no time for another Regulation 18 consultation if the Local Plan was to be submitted to the inspector in May 2016 as planned.  Kent Highways Services had raised concerns regarding additional traffic likely to be generated from the site, Land South of Tovil, and the impact on the A229 corridor.  Concerns were also raised regarding the sustainability of both sites, the landscape impact of development and how development on these sites would extend the urban boundary of Maidstone into the open countryside.

·  Amendments relating to landscape and landscapes of local value – representations made to include parts of Langley, Otham and Leeds in the Landscapes of Local Value policy were considered by the Committee.  It was agreed that the proposed Landscapes of Local Value had been carefully considered by this Committee and, via a referral, by the Policy and Resources Committee.  It was felt the Council had included all the land it could in the Landscapes of Local Value, including Langley Church, and felt the Langley, Otham and Leeds areas, as with other rural areas, would be appropriately protected through policy SP5 - Countryside.

·  Housing Sites – new/deletions/amendments –

o  It was noted by Officers that the appropriate policy in the 2014 Local Plan Regulation 18 consultation would be refined to clarify the approach to receptor sites.

o  Sites H1 (71) Lyewood Farm, Green Lane, Boughton Monchelsea and H1 (77) Bentletts Yard, Laddingford – regarding increasing the yield for both sites.  The Committee was reminded that the yield quoted was indicative.  It was noted by officers that the final number of houses on these sites could by greater than the indicative figure quoted in the policies.

o  Site H1 (70) Land at junction of Church Street and Heath Road, Boughton Monchelsea – it was noted by officers that Kent County Highways had raised a concern about the proposed access and that the allocation policy for the site would be reviewed for the Regulation 19 version of the Local Plan.

o  Site H1 (10) Land South of Sutton Road, Langley – the Committee was reminded that it was agreed the yield for this site had been reduced from 930 to a maximum of 800 units and there would be no development east of the public right of way.  To reduce the yield and size of the site would mean housing would have to be found elsewhere. The Committee was informed that ongoing discussions were underway between Officers and Kent Highways on the location of the pedestrian and cycle crossings on the A274.

o  Gypsy and Traveller sites – the Committee heard that the change in the definition of a Gypsy and Travellers (G&T) issued on 31 August may mean that actual needs were slightly below that identified in the 2012 Gypsy and Traveller and Travelling Showpeople Accommodation Assessment.  The difference is expected to be modest because the 2012 Assessment did take account of respondents’ travelling habits.  For reasons set out in the report it was not considered appropriate to undertake a new assessment at this stage but to use the existing G&T assessment as the best assessment of need at this point.

o  Open Space Allocations – the Committee heard there was a particular need for semi-natural and natural open space.  Concern was raised regarding how this would be provided through developments.

Councillor Stockell left the meeting at 9:58pm and was not present to vote from resolution 2e).

RESOLVED:

1.  That the site allocation policies for “Land at Bydews Place” and “Land South of Tovil” in Appendix F of the committee report, and the amendments to those policies recommended in the urgent update, not be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan due to their unsustainable location and the unacceptable extension of the urban boundary of Maidstone into the open countryside.

Voting:  For – 8  Against – 0  Abstentions – 0

2.  That the schedule of policies and amendments in Appendix B of the report and the further amendments recommended in the urgent update (as identified), be approved as follows:

a)  The sections headed “Introduction to the public consultation” and “Amendments relating to landscape and landscapes of local value” (pages 191-192 of the report) be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

Voting:  For – 4  Against – 1  Abstentions – 2

Councillor Stockell requested that her dissent be noted.

b)  The sections relating to Housing Site Allocations – proposed new/for deletion/for amendment (pages 192-194 of the report) – together with the further amendments to policy H1(10) as set out in the urgent update, be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

Voting:  For – 7  Against – 1  Abstentions – 0

c)  The section relating to the Proposed New Employment Site Allocation (pages 194-195 of the report) be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

Voting:  For – 6  Against – 2  Abstentions - 0

d)  The section relating to Gypsy and Traveller Site Allocations (pages 195-196 of the report) be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

Voting:  For – 7  Against – 0  Abstentions - 1

e)  The sections relating to “Proposed New Open Space Allocations”:

·  Amendments on pages 196-201 of the report;

·  Amendments headed “…recommended for other H1 policies where it is possible to identify a minimum or approximate quantum of open space provision and/or contributions” on pages 201-204 of the report;

·  Amendments headed “For a number of sites there remains some uncertainty whether open space can be delivered…” and “Open Space and Recreation” on pages 204 to 205 of the report, together with the further amendments to policy DM11 set out in the urgent update;

Be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan with an amendment to the policy wording to clarify that open space provision should be provided on site (save for in exceptional circumstances), and that where only off-site provision is possible in the exceptional circumstances, provision and/or contributions are agreed to be allocated or spent (as appropriate) only on suitable and deliverable site(s) within the vicinity of the development.

Voting:  For – 7  Against – 0  Abstentions - 0

f)  The section relating to “Nursing and Care Homes” be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

Voting:  For – 7  Against – 0  Abstentions – 0

g)  The sections relation to “Park and Ride site allocations proposed for deletion” and “Park and Ride” (page 207 of the report), together with the further amendments to policy DM15 as set out in the urgent update, be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

Voting:  For – 7  Against – 0  Abstentions – 0

3.  That the officers’ responses to the representations submitted during the public consultations on the draft Maidstone Borough Local Plan (Regulation 18 consultation) in Appendix A of the report to Committee be noted.

Voting:  For – 7  Against – 0  Abstentions – 0

4.  That the amendment to Policy DM4  - Design principles set out in paragraph 4.76 of the report to Committee be approved for incorporation into the Regulation 19 version of the Maidstone Borough Local Plan.

Voting:  For – 7  Against – 0  Abstentions – 0