Issue - meetings

The Committee considered the report of the Head of Development Management.

Ms Tilley, agent for the applicant, and Councillor Harper (Visiting Member) addressed the meeting.

Notwithstanding the proposal submitted by the applicant, Members accepted the recommendation of the Head of Development Management relating to the deletion of condition 9 (Electric Vehicle Charging Points) as the thresholds for when electric vehicle charging points are required and the quantity required are now covered under Building Regulations.

However, contrary to the recommendation of the Head of Development Management, the Committee agreed to refuse the application for variation of condition 4 (Energy Efficiency Measures).  In making this decision, the Committee considered that, in the absence of condition 4, the proposal would fail to reduce reliance on unsustainable energy sources and the applicant has failed to demonstrate that solar panels and cavity wall insulation are not feasible or viable contrary to Policy DM1 (vii) of the Maidstone Borough Local Plan 2017 and Paragraphs 134, 152 and 157 of the NPPF.

RESOLVED:

1.  That the recommendation of the Head of Development Management relating to the deletion of condition 9 (Electric Vehicle Charging Points) be accepted as the thresholds for when electric vehicle charging points are required and the quantity required are now covered under Building Regulations.

2.  That the application for variation of condition 4 (Energy Efficiency Measures) be refused for the following reason:

In the absence of condition 4, the proposal would fail to reduce reliance on unsustainable energy sources and the applicant has failed to demonstrate that solar panels and cavity wall insulation are not feasible or viable contrary to Policy DM1 (vii) of the Maidstone Borough Local Plan 2017 and Paragraphs 134, 152 and 157 of the NPPF.

3.  That the removal of condition 9 (Electric Vehicle Charging Points) attached to the planning permission dated 28 October 2022 be approved with permission granted subject to the conditions set out in the report with the amendment of condition 4 as follows:

  Energy Efficiency: Prior to first occupation of the development hereby approved the energy efficiency measures set out in the DHA letter dated 23 September 2022 shall be in place.  Unless it can be adequately demonstrated in writing that they are not physically capable of being provided, the development should additionally, include the installation of solar PV panels (to provide at least 10% of total annual energy requirements of the development) and cavity wall insulation both provided prior to first occupation of the approved development.  All features shall be maintained thereafter for the lifetime of the development.

  Reason: To ensure an energy efficient form of development.

Voting:  12 – For  0 – Against  0 – Abstentions

Note:  Councillor English did not participate in the voting on this application as he had not been present for all of the discussion.