Agenda item

19/506182/FULL - RESIDENTIAL DEVELOPMENT FOR 421 DWELLINGS WITH ASSOCIATED ACCESS, INFRASTRUCTURE, DRAINAGE, OPEN SPACE AND LANDSCAPING - LAND WEST OF CHURCH ROAD, OTHAM, KENT

Minutes:

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

 

In presenting the application, the Principal Planning Officer advised the Committee that:

 

·  He wished to correct information contained in the urgent update report published on Tuesday 26 May 2020.  The Bearsted and Thurnham Society had referred to protecting open spaces by Deed and the Officer comment was that this would be dealt with under reserved matters.  This was incorrect as the application was a full one and the intention of recommended condition 6 was to secure these open spaces in perpetuity.

 

·  An on-line petition had been received objecting to development at Church Road, Otham and a number of additional representations had been received but again they did not raise any new material issues relating to the application.

 

The Chairman summarised statements which had been submitted by Mr Hatcher of the Chapman Avenue Area Residents’ Association (an objector), Councillor Gray of Otham Parish Council, Councillor Weeks of Downswood Parish Council and Mr Goodban (agent for the applicant).

 

Councillors Harper, McKay and Springett (Visiting Members) addressed the meeting.  Councillor Newton did not address the meeting due to connectivity issues.

 

It was proposed and seconded that subject to the prior completion of a legal agreement in such terms as the Head of Legal Partnership may advise to secure the Heads of Terms set out in the report, the Head of Planning and Development be given delegated powers to (a) grant permission subject to the conditions and informative set out in the report; (b) seek to assimilate as good cycle links as are possible particularly in the north east part of the site; and (c) add further informatives relating to pile driving operations near to listed buildings and the minimum 10% of renewables within the development.

 

Contrary to the recommendation of the Head of Planning and Development, an amendment was proposed and seconded that permission be refused for the following reasons:

 

(a)  The proposal will result in severe traffic congestion on local road networks (Deringwood Drive, Spot Lane, Mallards Way and Madginford Road) and the increase in traffic will adversely affect residents to the point that air pollution is beyond what is reasonable for the Council to accept contrary to Policies H1(8) criteria 9, DM1 and DM6 of the Maidstone Borough Local Plan 2017;

 

(b)  The proposal will result in worsening safety issues on Church Road to the south of the site which has not been addressed and due to the constraints of the road likely will never be able to be addressed contrary to policy DM1 of the Maidstone Borough Local Plan 2017; and

 

(c)  The proposal will adversely affect the settings of the Grade I listed Church and Grade II listed Church House contrary to Policies SP18 and DM4 of the Maidstone Borough Local Plan 2017 due to the visual effect of the whole development in both long and short term views and the development will not be protecting or enhancing the characteristics, distinctiveness, diversity and quality of the heritage assets.

 

In accordance with Council Procedure Rule 22.4, three Members of the Committee requested that the names for and against or abstaining from the voting be recorded in the Minutes.

 

The voting on the amendment was as follows:

 

FOR (9): Councillors Adkinson, Brindle, Chappell-Tay, English (Chairman), Eves, Kimmance, Parfitt-Reid, Perry and Spooner

 

AGAINST (3): Councillors Harwood, Munford and Wilby

 

ABSTENTION (1): Councillor Vizzard

 

Prior to the vote being taken on the substantive motion, the Principal Planning Officer advised the Committee that as previously the proposed grounds relating to highway and air quality issues were considered to be unreasonable, not sustainable at appeal and could lead to significant costs being awarded against the Council.  In terms of the proposed reason for refusal on heritage grounds, the proposal complied with the site policy requirements to protect the setting of the listed buildings and was not sustainable.  He also considered that it was unreasonable that the whole of the development was considered to harm the setting and there was no apparent balancing exercise of that harm against the benefits.

 

The representative of the Head of Legal Partnership advised the Committee that she agreed with the advice provided by the Principal Planning Officer that the proposed grounds for refusing permission were unreasonable, would be unsustainable at appeal and that the Council would be at significant risk of an award of significant costs against it.

 

In line with the provisions of the Council’s Constitution, the Head of Planning and Development informed the Committee that based on the advice provided by the Principal Planning Officer and the representative of the Head of Legal Partnership, he was giving a costs warning.  If the Committee agreed to refuse permission on the grounds proposed, then for the reasons previously specified by the Officers the decision would not be implemented but deferred until the next meeting of the Committee in line with paragraph 30.3 (a) of Part 3.1 of the Council’s Constitution and paragraph 17 (a) of the Local Code of Conduct for Councillors and Officers Dealing with Planning Matters (Part 4.4 of the Constitution).

 

RESOLVED:  That permission be refused for the following reasons:

 

1.  The proposal will result in severe traffic congestion on local road networks (Deringwood Drive, Spot Lane, Mallards Way and Madginford Road) and the increase in traffic will adversely affect residents to the point that air pollution is beyond what is reasonable for the Council to accept contrary to Policies H1(8) criteria 9, DM1 and DM6 of the Maidstone Borough Local Plan 2017.

 

2.  The proposal will result in worsening safety issues on Church Road to the south of the site which has not been addressed and due to the constraints of the road likely will never be able to be addressed contrary to policy DM1 of the Maidstone Borough Local Plan 2017.

 

3.  The proposal will adversely affect the settings of the Grade I listed Church and Grade II listed Church House contrary to Policies SP18 and DM4 of the Maidstone Borough Local Plan 2017 due to the visual effect of the whole development in both long and short term views and the development will not be protecting or enhancing the characteristics, distinctiveness, diversity and quality of the heritage assets.

 

Voting:

 

FOR (9): Councillors Adkinson, Brindle, Chappell-Tay, English (Chairman), Eves, Kimmance, Parfitt-Reid, Perry and Spooner 

 

AGAINST (3): Councillors Harwood, Munford and Wilby

 

ABSTENTION (1): Councillor Vizzard

 

DECISION DEFERRED UNTIL THE NEXT MEETING OF THE PLANNING COMMITTEE PURSUANT TO PARAGRAPH 30.3 (a) OF PART 3.1 OF THE COUNCIL’S CONSTITUTION AND PARAGRAPH 17 (a) OF THE LOCAL CODE OF CONDUCT FOR COUNCILLORS AND OFFICERS DEALING WITH PLANNING MATTERS (PART 4.4 OF THE CONSTITUTION).

 

Councillors Harwood and Wilby left the meeting after consideration of this application (9.22 p.m.).

 

Supporting documents: