Issue - meetings

The Committee considered the report of the Head of Development Management setting out details of an application to vary the Section 52 Agreement dated 30 March 1982 (the Principal Agreement) as varied by further Section 52 Agreements dated 7 January 1987, 4 November 1987 and 14 February 1990 in respect of land at Penhurst Close, Grove Green, Maidstone.  It was noted that:-

·  The Principal Agreement was completed in relation to outline planning application MA/80/0900 for the erection of residential development, primary school and preparation of public open space in accordance with the KCC Weavering Street Informal Action Plan.

·  The Principal Agreement provided for, inter alia, the provision of a number of community facilities within the overall development site, including, at Clause 2 (10), the covenant to reserve not less than 0.115 hectares of land within the edged brown land for the erection and construction of a public library and to make available associated car parking space in connection thereof and not to carry out any other development upon such reserved land.

·  To date, the library had not been provided and the County Council had now confirmed that there is no longer a requirement for a library to be provided on the site.

·  Land was allocated on the west side of what is now Penhurst Close in the Maidstone Borough Local Plan 1993 safeguarding the site for the provision of a library.  This allocation was not carried forward into the Maidstone Borough-Wide Local Plan 2000 and the site is now designated as public open space under saved policy ENV24.

·  In the light of the County Council’s decision as service provider and the fact that the site is no longer safeguarded in the Development Plan for the provision of a library, it was considered that the cancellation of the covenants in the Principal and subsequent Section 52 Agreements was justified and that the proposed Deed of Variation should be entered into.

RESOLVED:  That a Deed of Variation be completed that secures on completion of the Deed that Clause 2 (10) of the Section 52 Agreement dated 30 March 1982 (the Principal Agreement) and for the avoidance of doubt Clause 1 (2) of the Agreement dated 14 February 1990 shall be deleted and cease to have further effect in relation to the site.

Voting:  12 – For  0 – Against  0 – Abstentions