Agenda and minutes

It was noted that apologies for absence had been received from Councillor Nelson-Gracie.

It was noted that Councillor Black was substituting for Councillor Nelson-Gracie.

It was noted that Councillor de Wiggondene had indicated his wish to speak on the report of the Head of Development Management relating to application MA/11/1351.

See Minute 146 below.

Update Report

The Chairman stated that, in his opinion, the update report of the Head of Development Management should be taken as an urgent item because it contained further information relating to the applications to be considered at the meeting.

Councillor Collins disclosed a prejudicial interest in the report of the Head of Development Management relating to application MA/11/1110.  He stated that he knew the applicant, had employed the applicant and owned land close to the application site.

Councillor Hinder disclosed a personal interest in the report of the Head of Development Management relating to application MA/11/1351.  He stated that he was a Member of Bredhurst Parish Council, but he had not participated in the Parish Council’s discussions on the application and intended to speak and vote when it was considered.

With regard to the report of the Head of Development Management relating to application MA/11/1110, Councillor J A Wilson stated that he knew the applicant, but it was not a close association and he intended to speak and vote when the application was discussed.

RESOLVED:  That the exempt Appendix to the urgent update report of the Head of Development Management be taken in public but the information contained therein should remain private.

RESOLVED:  That the Minutes of the meeting held on 1 September 2011 be approved as a correct record and signed.

There were no petitions.

MA/10/1627 - ERECTION OF A NEW DWELLING - LAND OFF BEECHEN BANK, BOXLEY ROAD, WALDERSLADE

The Head of Development Management advised the Committee that further information had been received and put out to consultation.

The Head of Development Management advised the Committee that the Government had published a draft National Planning Policy Framework (NPPF) for consultation.  The draft NPPF had been taken into account in the assessment of the applications to be considered at the meeting and whilst none of the recommendations turned on matters raised in the document, it carried more weight in relation to applications MA/11/1110 and MA/11/1351.

The Committee considered the urgent update report of the Head of Development Management recommending that this application be withdrawn from the agenda to allow further analysis of the highways issues.

RESOLVED:  That agreement be given to the withdrawal of application MA/10/2122 from the agenda to allow further analysis of the highways issues.

Voting:  13 – For  0 – Against  0 – Abstentions

Having disclosed a prejudicial interest, Councillor Collins left the meeting whilst this application was discussed.

All Members stated that they had been lobbied.

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

Councillor Sawtell of Hunton Parish Council (in support) and Mr Bishop, the applicant, addressed the meeting.

RESOLVED:  That permission be refused for the reasons set out in the report.

Voting:  8 – For  2 – Against  2 – Abstentions

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

Councillor Baxter of Linton Parish Council (against) and Ms Powell, the applicant, addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions and informative set out in the report, as amended by the urgent update report, with the amended reason for approval set out in the urgent update report and the amendment of condition 2 and an additional informative as follows:-

Condition 2 (amended)

When the premises cease to be occupied by Mr Dunn and Ms Powell and children or at the end of four years, whichever shall first occur, the use hereby permitted shall cease, all materials and equipment brought onto the premises in connection with the use shall be removed, including the stable blocks, and the land restored to its former condition.

Reason:  The site is in an area where the stationing of caravans/mobile homes is not normally permitted and in accordance with policy ENV28 of the Maidstone Borough-Wide Local Plan 2000.

Additional Informative

The applicant should contact Maidstone Borough Council Landscape Officers before implementing the approved landscaping scheme and work closely with them to ensure an effective delivery of the scheme.

Voting:  7 – For  3 – Against  3 – Abstentions

All Members stated that they had been lobbied.

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

Councillor Mrs Jones of Bredhurst Parish Council (in support), Mr Collins, for the applicant, and Councillor de Wiggondene (in support) addressed the meeting.

RESOLVED:  That permission be refused for the reasons set out in the report and the additional reason set out in the urgent update report.

Voting:  13 – For  0 – Against  0 – Abstentions

FURTHER RESOLVED:  That the Environmental Enforcement Team be requested to investigate Members’ concerns regarding the untidy appearance and potential contamination of the application site.

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

RESOLVED:  That permission be granted subject to the conditions set out in the report.

Voting:  13 – For  0 – Against  0 – Abstentions

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

RESOLVED:  That subject to the prior completion of a Section 106 legal agreement in such terms as the Head of Legal Services may advise to secure/require the following:-

·  A minimum of 40% affordable housing; and

·  The submission of a fresh viability appraisal if the development has not commenced on site within 18 months in order to re-assess the market conditions and whether any contributions can then be sought,

the Head of Development Management be given delegated powers to grant permission subject to the conditions and informatives set out in the report with the amended reason for approval set out in the urgent update report.

Voting:  13 – For  0 – Against  0 – Abstentions

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

RESOLVED:  That permission be granted subject to the conditions and informative set out in the report.

Voting:  13 – For  0 – Against  0 – Abstentions

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

RESOLVED:  That permission be granted subject to the conditions set out in the report.

Voting:  13 – For  0 – Against  0 – Abstentions

The Committee considered the report of the Head of Development Management setting out details of appeal decisions received since the last meeting.  The Head of Development Management updated the Committee on the wider implications of the Inspector’s dismissal of the appeal against refusal of application MA/10/1028 for the development of land at Penhurst Close, Grove Green.

RESOLVED:  That the report be noted.

The Chairman and the Head of Development Management updated the Committee on the discussions which had taken place at the Planning Summer School and a Department for Communities and Local Government meeting regarding the draft National Planning Policy Framework and, specifically, the operational implications of the presumption in favour of sustainable development without a clear definition of what it comprised and the reasons for the proposed changes to the planning system.

It was noted that there was nothing to report at present.

6.00 p.m. to 8.10 p.m.