Agenda item



All Members stated that they had been lobbied.


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


In presenting her report the Principal Planning Officer advised the Committee that:


·  Delegated powers would be needed to refine conditions and update the plans list condition.


·  KCC Highways had submitted a further representation confirming that the recommendations of the Road Safety Audit regarding the Green Lane site access had been met.  The 30 mph speed limit on Green Lane would be extended further to the south east by way of a Traffic Regulation Order.  The two options for the improvements to the footway at Green Lane would need a Road Safety Audit and more detailed investigation regarding land ownership.  Both resulted in a 1.2 metre wide footway which was the minimum acceptable to improve facilities for pedestrians.  The works would be secured through a S278 agreement with the County Council.


·  The applicant had confirmed that further discussions with the bus operator had identified the scope to enhance the frequency of buses on the no.59 route during the period 10.00 a.m. to 4.00 p.m.  This would enhance the accessibility of the site by providing better connectivity to/from Maidstone town centre.  A Head of Terms would need to be included in the proposed S106 legal agreement to secure this.


·  A renewables condition was proposed and an informative to cover decentralised renewable energy such as ground source heating, free standing photovoltaic panels or photovoltaic panels on garages.


·  The developer had agreed to make a significant contribution to be used towards making medical facilities more accessible for future residents.  This contribution would be comparable to an in lieu payment towards improvements to Linton Crossroads which were already fully funded.  It would be paid to the Borough Council, not the Parish Council as stated in the urgent update report, and would be greater than the sum mentioned in the urgent update report.


·  With regard to the contribution sought by Kent County Council for secondary education, there was capacity at the New Line Learning Academy.


·  Representations had been received from the owners of Lyewood Farm Oast, the property to the west of the proposed development, seeking the relocation of Public Rights of Way and the provision of walling or fencing and gating to protect their privacy.  The developer would deal with the relocation of the Public Rights of Way under a separate process direct with Kent County Council.



Dr Macrae Tod, an objector, Councillor Smith of Boughton Monchelsea Parish Council, and Mr Kelly, for the applicant addressed the meeting.


RESOLVED:  That subject to:


(a)  The prior completion of a S106 legal agreement in such terms as the Head of Legal Partnership may advise to provide for:


·  The Heads of Terms set out in the report, as amended by the urgent update report and by the Principal Planning Officer at the meeting, with priority being given to Boughton Monchelsea Primary School as the recipient of the contribution for primary education and then other primary schools on a geographical basis subject to compliance with the CIL Regulations; and


·  The additional Head of Terms referred to by the Principal Planning Officer at the meeting relating to enhancements to the frequency of bus services, but with priority being given, having regard to the overlap, to making the nearest medical facilities in Coxheath as accessible as possible for people living in the area; AND


(b)  The conditions and informatives set out in the report, as amended by the urgent update report and by the Principal Planning Officer at the meeting; the additional informative set out in the urgent update report, and the additional condition and informative relating to renewables proposed by the Principal Planning Officer at the meeting with the addition of the following:


·  The inclusion of a permanently wet pond in whatever sustainable urban drainage method is adopted;


·  Enhanced landscaping around Lyewood Farm Oast in the interests of residential amenity;


·  A mechanism (condition or Head of Terms) to secure the dedication of the proposed footpath/cycleway to pass along Green Lane under S25 of the Highways Act 1980;


·  A mechanism, if feasible, to ensure the dedication of the driveway to Lyewood Farm Oast as public highway land under S38 of the Highways Act 1980;


·  The amendment of proposed condition 15 to specify the off-site highway improvements to be carried out under S278 of the Highways Act 1980; and


·  An informative relating to the establishment of a development delivery group comprising Officers, the developer, the Chairman and Vice-Chairman of the Planning Committee, Councillor Harwood, the local Ward Member and representatives of the Parish Council to oversee the implementation of this development;


the Head of Planning and Development be given delegated powers to grant permission and to be able to settle all conditions and the Heads of Terms of the S106 legal agreement in full in line with the matters resolved by the Planning Committee.


Voting:  12 – For  0 – Against  0 - Abstentions


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