Agenda and minutes

It was noted that apologies for absence had been received from Councillors Cox, Paine and Paterson.

The following Substitute Members were noted:

Councillor Butler for Councillor Paine

Councillor D Mortimer for Councillor Paterson

Councillor Mrs Wilson for Councillor Cox

Councillor Yates indicated his wish to speak on the report of the Head of Planning and Development relating to application MA/13/0791.

MA/13/0928 - ERECTION OF SINGLE STOREY EXTENSION TO EXISTING GARAGE – POPLAR TREE, MILEBUSH LANE, MARDEN, TONBRIDGE, KENT

The Committee considered the report of the Head of Planning and Development recommending that this application be withdrawn from the agenda to enable further discussions to take place with the applicant as it now appeared that the proposed garage extension would be sited on land outside the residential curtilage of the property.

RESOLVED:  That agreement be given to the withdrawal of application MA/13/0928 from the agenda to enable further discussions to take place with the applicant.

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

The Chairman said that he was not prepared to take the report of the Head of Planning and Development relating to application MA/12/2314 (Erection of Class A1 retail development (with ancillary cafe) and associated servicing, car parking, landscaping and access arrangements - Plot 4, Eclipse Park, Sittingbourne Road, Maidstone, Kent) as an urgent item to allow more time for people to comment on the report.

Councillor J A Wilson stated that he was a Member of East Farleigh Parish Council, but he had not participated in the Parish Council’s discussions regarding application MA/13/1072, and intended to speak and vote when it was considered.

Prior to consideration of the report of the Head of Planning and Development relating to application MA/12/1949, Councillor Ash stated that he knew Mr Norton who had registered to speak on behalf of Wealden Ltd, the applicant.  However, he had not discussed the application with Mr Norton, and intended to speak and vote when it was considered.

RESOLVED:  That the items on the agenda be taken in public as proposed.

RESOLVED:  That the Minutes of the meeting held on 18 July 2013 be approved as a correct record and signed.

minute 81 - MA/13/0115 - DEMOLITION OF EXISTING INDUSTRIAL BUILDINGS AND BREAKING UP OF ASSOCIATED HARDSTANDING AND REDEVELOPMENT OF SITE TO ACCOMMODATE 110 DWELLINGS TOGETHER WITH ASSOCIATED PLAY TRAIL, AMENITY SPACE, ALLOTMENTS, NEW ACCESS, PARKING AND LANDSCAPING - THE MAP DEPOT SITE, GOUDHURST ROAD, MARDEN, KENT

The Committee considered the urgent update report of the Head of Planning and Development setting out proposed amendments to the Heads of Terms of the proposed S106 legal agreement relating to cycle parking and healthcare provision.

RESOLVED:

(a)  That the following revised Heads of Terms be agreed:

  A cycle parking contribution of £15,000 to be used to improve cycle parking/storage at Marden Station, adjacent to Marden Library and in the village centre adjacent to the Post Office; and

  A healthcare contribution of £27,321.58 to be used towards improved services and facilities at Marden Medical Centre.

(b)  That subject to the prior completion of a S106 legal agreement in accordance with the Heads of Terms previously agreed, as amended above, and in such terms as the Head of Legal Services may advise, the Head of Planning and Development be given delegated powers to grant permission subject to the conditions and informatives previously agreed.

There were no petitions.

All Members except Councillors Butler and Nelson-Gracie stated that they had been lobbied when this application was reported to the Committee on 27 June 2013.

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

Councillor Russell of Headcorn Parish Council (against) and Mr Norton, for the applicant, addressed the meeting.

RESOLVED:  That subject to the prior completion of a S106 legal agreement in such terms as the Head of Legal Services may advise to secure the following:

·  The provision of a minimum of 40% affordable housing;

·  A contribution of £3,215 for Kent County Council towards the provision of additional bookstock and services at Headcorn Library and other libraries serving the development; 

·  A contribution of £717.75 for Kent County Council towards new/expanded facilities through dedicated adult education centres and outreach community learning facilities local to the development;

·  An Adult Social Services contribution of £398.50 for Kent County Council to be used towards the provision of assistive technology (Telecare) and building community/rural capacity through enhancement of local community facilities to ensure full DDA access;

·  A contribution of £59,024 for Kent County Council towards the build cost of extending Headcorn Primary School as a result of the additional need arising from the development;

·  A contribution of £48,102.25 for Kent County Council towards the acquisition of additional land to accommodate the expansion of Headcorn Primary School;

·  A contribution of £20,484 for NHS Property Services towards the provision of primary healthcare services at Headcorn Surgery; and 

·  A contribution of £20,000 for Maidstone Borough Council Parks and Leisure to be used for the improvement of outdoor playing fields within Headcorn village,

the Head of Planning and Development be given delegated powers to grant permission subject to the conditions and informatives set out in the report and an additional informative as follows:

The details pursuant to condition 2 should include the retention of as much as possible of the open ditch on the Grigg Lane frontage of the site.

Voting:  11 – For  2 – Against  0 – Abstentions

The Chairman and Councillor Harwood stated that they had been lobbied.

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

Mrs Sams, an objector, Councillor Taylor of Harrietsham Parish Council (against) and Mr Southerton, for the applicant, addressed the meeting.

Contrary to the recommendation of the Head of Planning and Development, the Committee agreed to refuse permission.  In making this decision, Members felt that the clearance, alterations to the landform and the stationing of caravans would result in harm to the intrinsic beauty of the Kent Downs Area of Outstanding Natural Beauty, contrary to policy ENV33 of the Maidstone Borough-Wide Local Plan 2000 and paragraph 115 of The National Planning Policy Framework 2012.

RESOLVED:  That permission be refused for the following reason:

The clearance, alterations to the landform and the stationing of caravans would result in harm to the intrinsic beauty of the Kent Downs Area of Outstanding Natural Beauty, contrary to policy ENV33 of the Maidstone Borough-Wide Local Plan 2000 and paragraph 115 of The National Planning Policy Framework 2012.

Voting:  10 – For  0 – Against  3 – Abstentions

All Members except Councillor Butler stated that they had been lobbied.

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

Mr Ayling, an objector, and Councillor Pyman of Headcorn Parish Council (against) addressed the meeting.

RESOLVED: 

(a)  That consideration of this application be deferred to enable the Case Officer to seek to negotiate revised hours as follows:

Monday - Friday  8.00 a.m. – 9.00 p.m.

Saturdays, Sundays and Bank Holidays to be as proposed by the applicant.

(b)  If agreement is reached, the Head of Planning and Development be given delegated powers to grant permission with appropriate amendments to the conditions; if agreement is not reached, the application must be reported back to the Committee for decision.

Voting:  8 – For  5 – Against  0 – Abstentions

Councillor Hogg stated that he had been lobbied.

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

Mr Harrington, for the applicant, and Councillor Yates addressed the meeting.

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

A boundary hedgerow should be planted on the inside of the boundary fencing to soften the impact on neighbours and a postbox should be provided at the entrance to the site.

Voting:  13 – For  0 – Against  0 – Abstentions

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

Councillor Charlton of East Farleigh Parish Council (against) addressed the meeting.

RESOLVED:

(a)  That subject to the negotiation of a scheme of appropriate tree planting to soften the urban appearance of the fence, the Head of Planning and Development be given delegated powers to grant permission subject to appropriate conditions.

(b)  Councillors Harwood and J A Wilson are to be involved in these negotiations.

Voting:  8 – For  1 – Against  4 – Abstentions

The Chairman and Councillors Harwood and Hogg stated that they had been lobbied.

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

RESOLVED:  That subject to the expiry of the re-notification period and consideration being given to any matters arising, the Head of Planning and Development be given delegated powers to grant permission subject to the conditions and informatives set out in the report as amended by the urgent update report.

Voting:  12 – For  0 – Against  1 - Abstention

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

RESOLVED:  That advertisement consent be granted subject to the conditions and informative set out in the report as amended by the urgent update report.

Voting:  7 – For  3 – Against  3 – Abstentions

See Minute 91 above.

The Committee considered the report of the Head of Planning and Development setting out details of appeal decisions received since the last meeting.

RESOLVED:  That the report be noted.

The Chairman announced that:

·  He wished to draw the Committee’s attention to forthcoming training sessions.  Parish Councils had also been invited to the session on planning enforcement and the use of S106 agreements.

·  The Local Code of Conduct for Councillors and Officers Dealing with Planning Matters had been amended to take into account the Localism Act and the Officer restructure.  Hard copies would be supplied to all Members and Substitute Members of the Committee and a copy would be available for reference in the Members’ Library.

6.00 p.m. to 9.35 p.m.