Agenda and minutes

It was noted that apologies for absence had been received from Councillors Hogg and Nelson-Gracie.

The following Substitute Members were noted:

Councillor Garland for Councillor Nelson-Gracie

Councillor McLoughlin for Councillor Hogg

Councillor Munford indicated his wish to speak on the reports of the Head of Planning and Development relating to applications MA/11/0511 and MA/11/0512 (if not withdrawn from the agenda) and MA/13/1149.

Councillor Naghi indicated his wish to speak on the report of the Head of Planning and Development relating to application MA/13/1711.

Councillor Newton indicated his wish to speak on the reports of the Head of Planning and Development relating to applications MA/13/0951, MA/13/1149 and MA/13/1523.

It was noted that Councillor Mrs Blackmore had indicated her wish to speak on the report of the Head of Planning and Development relating to application MA/12/2103.

MA/11/0511 - CHANGE OF USE OF EXISTING NIGHTCLUB AND APARTMENTS TO 1 DWELLING AND 6 APARTMENTS, INCLUDING EXTENSIONS AND INTERNAL WORKS; CONVERSION AND EXTENSION OF THE EXISTING BALL ROOM TO 2 DWELLINGS; DEMOLITION OF EXISTING GARAGE BLOCK AND ERECTION OF 4 TERRACED PROPERTIES; CONVERSION AND EXTENSION OF EXISTING GLASSHOUSES TO 6 DWELLINGS; AND THE ERECTION OF 5 DETACHED DWELLINGS TO THE NORTH AND SOUTH OF THE ACCESS TRACK, TOGETHER WITH ASSOCIATED ACCESS AND LANDSCAPE WORKS - WIERTON PLACE, WIERTON ROAD, BOUGHTON MONCHELSEA, MAIDSTONE, KENT

MA/11/0512 - AN APPLICATION FOR LISTED BUILDING CONSENT FOR INTERNAL ALTERATIONS AND EXTENSIONS TO FACILITATE THE CHANGE OF USE OF EXISTING NIGHTCLUB AND APARTMENTS TO 1 DWELLING AND 6 APARTMENTS, INCLUDING EXTENSIONS AND INTERNAL WORKS; CONVERSION AND EXTENSION OF THE EXISTING BALL ROOM TO 2 DWELLINGS; DEMOLITION OF EXISTING GARAGE BLOCK AND ERECTION OF 4 TERRACED PROPERTIES; CONVERSION AND EXTENSION OF EXISTING GLASSHOUSES TO 6 DWELLINGS; AND THE ERECTION OF 5 DETACHED DWELLINGS TO THE NORTH AND SOUTH OF THE ACCESS TRACK, TOGETHER WITH ASSOCIATED ACCESS AND LANDSCAPE WORKS - WIERTON PLACE, WIERTON ROAD, BOUGHTON MONCHELSEA, MAIDSTONE, KENT

The Committee considered the urgent update reports of the Head of Planning and Development requesting that these applications be withdrawn from the agenda.  It was noted that this would enable the Officers to seek updated comments from the consultees, and that the Officers hoped to bring the applications back to the Committee in the near future.

RESOLVED:  That agreement be given to the withdrawal of applications MA/11/0511 and MA/11/0512 from the agenda.

Update Reports

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

With regard to the report of the Head of Planning and Development relating to application MA/13/1711, Councillor Ash stated that he knew the applicant as he was his doctor.  He had been advised by the Head of Legal Services that this relationship did not represent a significant interest, and he intended to speak, but not vote, when the application was discussed.

RESOLVED:  That the information contained in the exempt Appendices to the urgent update reports of the Head of Planning and Development relating to applications MA/13/0951, MA/13/1149 and MA/13/1523 be considered in public, but the information contained therein should remain private.

RESOLVED:  That the Minutes of the meeting held on 16 January 2014 be approved as a correct record and signed.

There were no petitions.

See Minute 266 above

See Minute 266 above

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

Councillor Ellis of Boughton Monchelsea Parish Council, Councillor Taylor-Maggio of Langley Parish Council, Mr Marshall, for the applicant, and Councillors Newton and Munford (Visiting Members) addressed the meeting.

RESOLVED:

1.  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 30% affordable housing;

Contributions of £3,000 per dwelling for highway mitigation works to the A274 corridor to address the impacts of this development;

Contributions of £300 per residential unit for enhancements to the Willington Street junction;

A contribution of £106,200 for phase 1 towards improvements to health care provision within the locality;

Contributions of £360 per person for the remainder of the phases throughout the site (as shown on the submitted formula) towards health care provision within the locality;

Contributions for primary education of £14,285 per pupil (based on the formula set out in the report) – this is to be used to provide a new primary school on site with land of not less than 2.05ha in area.  The primary school should be provided prior to the completion of the (cumulative) 350^th dwelling of this site and the sites to the north of Sutton Road (MA/13/0951 and MA/13/1523);

The transfer to Kent County Council of land of not less than 2.05ha in area for the construction of a primary school, either in a single transfer or two phases, where the first phase consists of not less than 1.4ha.  1.4ha of the site to be transferred at nil value with the remainder transferred at a price agreed by the contributing developers (ss2a,b,c) and the Local Education Authority; or at a value set by the District Surveyor.  The primary school should be provided prior to the completion of the (cumulative) 350^th dwelling of this site and the sites to the north of Sutton Road (MA/13/0951 and MA/13/1523);

Contributions for secondary education of £589.95 per flat and £2,359.80 per house - this would be for the expansion of existing secondary schools that the application site falls within the catchment area of;

Contributions of £128.44 per dwelling for additional book stock within local libraries;

Contributions towards community learning of £30.34 per dwelling to be spent within the Borough of Maidstone;

Contributions towards youth services of £8.39 per dwelling to be spent within the Borough of Maidstone;

Contributions towards adult social care of £97.26 per dwelling to be spent within the Borough Maidstone;

A suitable marketing campaign to promote the early occupation of the proposed commercial properties to the north of the site - this shall commence once construction of phase 1 has begun;

A contribution of £40,000 for the enhancement of sports and recreation facilities within a 2 mile radius of the application site; and

The provision of a community facility on site that shall be attached to the  ...  view the full minutes text for item 274.

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

Mr Stevenson, for objectors, Mr Lander, for the applicant, and Councillor Newton (Visiting Member) addressed the meeting.

In response to a question by a Member, the representative of Kent Highway Services confirmed that the possible closure of Gore Court Road to prevent rat-running northwards in connection with this development was a matter that could be put to the Joint Transportation Board for consideration.

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 30% affordable housing;

Contributions of £3,000 per dwelling for highway mitigation works to the A274 corridor to address the impacts of this development;

Contributions of £300 per residential unit for enhancements to the Willington Street junction;

A contribution of £132,372 towards improvements to health care provision within the locality;

Contributions for primary education of £14,285 per pupil (based on the formula set out in the report) - this is to be used to provide a new primary school on the Langley Park site with land of not less than 2.05ha in area.  The primary school should be provided prior to the completion of the (cumulative) 350^th dwelling of this site and the sites to the south and north of Sutton Road (MA/13/1149 and MA/13/1523);

Contributions towards the land acquisition costs for the primary school on the land at Langley Park;

Contributions for secondary education of £589.95 per flat and £2,359.80 per house – this would be for the expansion of existing secondary schools that the application site falls within the catchment area of;

Contributions of £128.44 per dwelling for additional book stock within local libraries;

Contributions towards community learning of £30.34 per dwelling to be spent within the Borough of Maidstone;

Contributions towards youth services of £8.39 per dwelling to be spent within the Borough of Maidstone;

Contributions towards adult social care of £97.26 per dwelling to be spent within the Borough of Maidstone;

A contribution of £132,990 for the enhancement of sports and recreation facilities within a 2 mile radius of the application site;

Contributions towards the provision of a community facility on the Langley Park site (MA/13/1149);

The provision of an equipped play area that straddles this application site and the Redrow application site (MA/13/1523); and

The provision of a pedestrian controlled crossing between the application site (preferably closest to the Redrow site) and the Langley Park site.  This crossing should be provided prior to the first occupation of the proposed school, or commercial area, whichever is delivered first.  The cost of this provision shall be split equitably between the applicants of this site and the applicants of MA/13/1523,

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:  7  ...  view the full minutes text for item 275.

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

Mr Stevenson, for objectors, Ms Ashton, for the applicant, and Councillor Newton (Visiting Member) 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 30% affordable housing;

Contributions of £3,000 per dwelling for highway mitigation works to the A274 corridor to address the impacts of this development;

Contributions of £300 per residential unit for enhancements to the Willington Street junction;

A contribution of £73,656 towards improvements to health care provision within the locality;

Contributions for primary education of £14,285 per pupil (based on the formula set out in the report) - this is to be used to provide a new primary school on the Langley Park site with land of not less than 2.05ha in area.  The primary school should be provided prior to the completion of the (cumulative) 350^th dwelling of this site and the sites to the south and north of Sutton Road (MA/13/1149 and MA/13/0951);

Contributions towards the land acquisition costs for the primary school on the land at Langley Park;

Contributions for secondary education of £589.95 per flat and £2,359.80 per house – this would be for the expansion of existing secondary schools that the application site falls within the catchment area of;

Contributions of £128.44 per dwelling for additional book stock within local libraries;

Contributions towards community learning of £30.34 per dwelling to be spent within the Borough of Maidstone;

Contributions towards youth services of £8.39 per dwelling to be spent within the Borough of Maidstone;

Contributions towards adult social care of £97.26 per dwelling to be spent within the Borough of Maidstone;

A contribution of £40,000 for the enhancement of sports and recreation facilities within a 2 mile radius of the application site;

Contributions towards the provision of a community facility on the Langley Park site (MA/13/1149);

The provision of an equipped play area that straddles this application site and the Bellway application site (MA/13/0951); and

The provision of a pedestrian controlled crossing between the application site and the Langley Park site.  This crossing should be provided prior to the first occupation of the proposed school, or commercial area, whichever is delivered first.  The cost of this provision shall be split equitably between the applicants of this site and the applicants of MA/13/0951,

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:  8 – For  0 – Against  4 – Abstentions

Note:  Councillor McLoughlin left the meeting after consideration of this application (7.50 p.m.).

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

Councillor Perry of Staplehurst Parish Council (against) and Mr Dixon, for the applicant, addressed the meeting.

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

Voting:  10 – For  0 – Against  0 – Abstentions

Note:  Councillor Garland was not present during consideration of this application.

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

Councillor Ridd of Collier Street Parish Council (against), Mr Hearn, the applicant, and Councillor Mrs Blackmore (Visiting Member) addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions and informatives set out in the report, as amended by the urgent update report, and the additional informatives set out in the urgent update report.

Voting:  10 – For  1 – Against  0 – Abstentions

Councillor Ash stated that he had been lobbied.

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

Miss Hill, for objectors, Councillor Spooner of Bearsted Parish Council (against) and Mr Fowler, 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 considered that the proposed dwelling, by way of its scale, siting and proportions, would result in a cramped form of development out of character with the grain and surrounding pattern of development and the terrace it would adjoin, and result in the erosion of open space.  For these reasons it would be harmful to the character and appearance of the area contrary to advice within the National Planning Policy Framework 2012.

RESOLVED:  That permission be refused for the following reason:

The proposed dwelling, by way of its scale, siting and proportions, would result in a cramped form of development out of character with the grain and surrounding pattern of development and the terrace it would adjoin, and result in the erosion of open space. For these reasons it would be harmful to the character and appearance of the area contrary to advice within the National Planning Policy Framework 2012.

Voting:  5 – For  3 – Against  3 – Abstentions

All Members except Councillors Ash, Black and Moriarty stated that they had been lobbied.

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

Mr Hill, for objectors, and Councillor Naghi addressed the meeting.

RESOLVED:  That consideration of this application be deferred to enable the Officers to investigate whether parking can be provided on-site and the potential highway safety implications of this.

Voting:  10 – For  0 – Against  1 – Abstention

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

Mr Newton, the applicant, addressed the meeting.

Contrary to the recommendation of the Head of Planning and Development, the Committee agreed that subject to the advertisement of the application as a departure from the Development Plan, and no representations being received raising new material matters, the Head of Planning and Development be given delegated powers to grant permission subject to conditions to be agreed by the Officers including specific conditions to ensure high quality architectural detailing.

In making this decision, Members were mindful that the proposed development is not in accordance with Development Plan policy.  However, the high quality design of the building, the limited harm to the local landscape, the high sustainability credentials of the building, the extensive landscaping proposals, and the lack of a five year housing supply were considered to be grounds to override existing policies in the Development Plan.  In view of this, the proposals were considered to be sustainable in terms of the National Planning Policy Framework 2012.

RESOLVED:  That subject to the advertisement of the application as a departure from the Development Plan, and no representations being received raising new material matters, the Head of Planning and Development be given delegated powers to grant permission subject to conditions to be agreed by the Officers including specific conditions to ensure high quality architectural detailing.

Voting:  7 – For  4 – Against  0 – Abstentions

Note:  The Chairman and Councillors Chittenden, Paterson and Mrs Robertson requested that their dissent be recorded.

Prior to 10.30 p.m., following consideration of application MA/13/1635, the Committee considered whether to adjourn at 10.30 p.m. or to continue until 11.00 p.m. if necessary.

RESOLVED:  That the meeting should continue until 11.00 p.m. if necessary.

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

RESOLVED:

1.  That permission be granted subject to the conditions set out in the report as amended by the urgent update report.

2.  That the reason for approval and the departure from the Development Plan be as set out in the urgent update report.

Voting:  11 – For  0 – Against  0 – Abstentions

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

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

Voting:  11 – For  0 – Against  0 – Abstentions

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

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

Voting:  11 – For  0 – Against  0 – Abstentions

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

Mr Falcone, the applicant, addressed the meeting.

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

Voting:  8 – For  0 – Against  2 – Abstentions

Note:  Councillor Garland was not present during consideration of this application.

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

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

Voting:  11 – For  0 – Against  0 – Abstentions

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

RESOLVED:  That this application be referred to the Secretary of State for determination with the recommendation that listed building consent be granted subject to the condition and informative set out in the report and the additional condition set out in the urgent update report.

Voting:  11 – For  0 – Against  0 – Abstentions

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

RESOLVED:  That outline permission be granted subject to the conditions and informatives set out in the report with the deletion of conditions 1 and 2 and the insertion of the following:

The development shall not commence until approval of the following reserved matters has been obtained in writing from the Local Planning Authority:

a. Layout  b. Scale  c. Appearance  d. Access  e. Landscaping

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

Reason:  No such details have been submitted and in accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

Voting:  11 – For  0 – Against  0 – Abstentions

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:

·  Arrangements should be made for a meeting of the Chairman and the Political Group Spokespersons to discuss, interalia, the attendance of representatives of the Environment Agency and Southern Water at meetings of the Planning Committee to explain their views as consultees in the planning process.

·  This was the last meeting that Kate Jardine, the representative of the Head of Legal Services, would attend for some time as she was about to commence her maternity leave.  On behalf of the Committee he wished Ms Jardine well.

6.00 p.m. to 10.45 p.m.