Update

1.    Highways Matters

1.1       This application was deferred from Committee on 17^th August to allow “consideration of this application be deferred to seek an urgent meeting with KCC Highways to resolve the outstanding highways issues”.

1.2       Such a meeting has occurred and an agreed joint statement from the relevant Directors is attached as Appendix 1.

1.3       The key elements of the statement are:

·         KCC maintain opposition to the proposed housing proposals on grounds of highways impacts, and particularly opposed bus prioritisation measure proposed on the A274

·         That if an alternative highways scheme can be devised that mitigates the highways impact of the proposal on the A274 then this can be considered for funding via the suggested legal agreement

·         The monies for public transport will be transferred to KCC for distribution to the appropriate bus companies

·         It is agreed that KCC to be party to all S106 agreements provided a timely deadline for the resolution of those agreements is set.

·         That, given the above Planning Committee Members should feel assured that both authorities are working collaboratively on all Highways matters

2.    Application Update

2.1          Since this report was last considered, the applicants have submitted a planning appeal in respect of the non-determination of the planning application.  This means that the Committee can no longer determine the application, as it is no longer a ‘live’ application.  However, under constitutional requirements the Committee is required to indicate what its decision would have been had it been in a position to determine the application.

3.           Recommendation

3.1          As a consequence of the appeal referred to above the recommendation has changed as follows:

3.2          Recommendation:  the Committee note that an appeal has been received in respect of the above application.  If the Committee had been in a position to determine the application it would have granted planning permission subject to the completion of a S106 legal agreement, conditions and informatives (the details of which are set out on pages 131-143 of the main report). Delegated authority is requested to the Head of Planning and Development to continue negotiations on the S106 agreement in the lead up to the appeal.

4.    Section 106 legal agreement update

4.1          There has been considerable progress on the issue of the funding of Junction 7 of the M20 improvements since the Committee last considered this application. 

4.2          The negotiations are ongoing but the main points are:

·         That Highways England have agreed the quantum of the costs of the part signalisation of Junction 7 of the M20 totalling a maximum of £3.6  million.

·         That this site (H1(7), plus H1(10) Land South of Sutton Road, and H1 (8) West of Church Road would make proportionate contributions, payable at 50% occupation,  in line with the J7 costings and this has been agreed in principle by the relevant applicants.

Appendix 1