Agenda and minutes

It was noted that apologies for absence had been received from Councillor Harwood.

There were no Substitute Members.

Councillor Brice had given notice of her wish to speak on the report of the Head of Planning and Development relating to application 20/500269/FULL (Land South of South Cottage, High Street, Staplehurst, Kent), and was present at the meeting.

20/502064/FULL - REPLACEMENT OF DEMOLISHED STABLE BUILDING AND BARN (PREVIOUSLY APPROVED FOR 2 NO. HOLIDAY-LETS UNDER 19/501764/FULL) WITH A SMALLER BUILDING FOR USE AS A SINGLE HOLIDAY-LET, AND DEMOLITION OF DETACHED BARN (PREVIOUSLY APPROVED FOR USE AS A SINGLE HOLIDAY-LET UNDER 18/503022/FULL) - BIRCH COTTAGE, MAIDSTONE ROAD, STAPLEHURST, KENT

The Development Manager sought the agreement of the Committee to the withdrawal of this application from the agenda.  He explained that having reviewed the flood risk assessment, he considered that a proper assessment in terms of sequential and exception testing had not been carried out; therefore, the application was not ready to be determined at this stage.

RESOLVED:  That agreemement be given to the withdrawal of application

20/502064/FULL from the agenda to enable further consideration to be given to issues around flooding.

The Chairman said that, in his opinion, the update report of the Head of Planning and Development and the updates to be included in the Officer presentations should be taken as urgent items as 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 19/505816/SUB (Lordswood Urban Extension, Gleaming Wood Drive, Lordswood, Kent), Councillor Brindle said that she was a Member of Boxley Parish Council’s Environment Committee and would not be taking part in the discussion or the voting on the item.

The following disclosures of lobbying were noted:

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

RESOLVED:  That the Minutes of the meeting held on 23 July 2020 be approved as a correct record and signed.

There were no petitions.

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

The Chairman read out statements on behalf of Mr Bax, agent for the applicant, and Ms Ideson, Clerk to Staplehurst Parish Council.

Councillor Brice (Visiting Member) addressed the meeting.

During the discussion reference was made to paragraph 12 of the Inspector’s decision letter in respect of the most recent refusal of permission for the development of the site where the Inspector had concluded that the proposals would result in the loss of public views of the listed buildings and would remove the visual link between them.  They would no longer appear as part of a cluster of buildings/grounds of similar age.  This would be very harmful to the setting of these designated heritage assets.  By developing the gap between them, and substantially reducing their visibility, their importance in the street scene would be diminished.  The setting, therefore, makes a positive and important contribution to the significance of the heritage assets.

It was suggested that although the application had changed since the previous refused application, it had failed to address the issues raised in paragraph 12 of the Inspector’s decision letter.

Contrary to the recommendation of the Head of Planning and Development, the Committee agreed to refuse permission. In making this decision, the Committee considered that the proposed development would be contrary to Local Plan and Neighbourhood Plan policies, including Neighbourhood Plan policy PW4 and Local Plan policy DM4 (1), for the following summarised reasons:

The application site is an open gap which contributes positively to the setting of the adjacent listed buildings and the character of the Staplehurst Conservation Area and the proposed development would cause harm to the setting of the adjacent listed buildings, fail to preserve or enhance the character of the Staplehurst Conservation Area and fail to protect or enhance the historic environment contrary to Local Plan and Neighbourhood Plan policies.  This harm would be less than substantial but there are little or no public benefits arising from the proposals which would outweigh that harm.

The Development Manager requested that delegated powers be given to the Head of Planning and Development to finalise the reasons for refusal which would include the issues summarised above and reference those matters raised in paragraph 12 of the Inspector’s decision letter in respect of the most recent refusal of permission for the development of the site.

RESOLVED:  That permission be refused and that the Head of Planning and Development be given delegated powers to finalise the reasons for refusal which will include the issues summarised above and reference those matters raised in paragraph 12 of the Inspector’s decision letter in respect of the most recent refusal of permission for the development of the site.

Voting:  12 – For  0 – Against  0 - Abstentions

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

The Chairman read out a statement on behalf of Ms Bayliss, Clerk to Boxley Parish Council.

RESOLVED:  That consideration of this application be deferred to enable the Officers to seek to secure:

A more detailed and improved Woodland Management Plan taking into account the suggestions made by Boxley Parish Council in its representations to the Committee and including not just the woodland but also the spatial edges and brushwood areas;

More information relating to the funding arrangements being adequate to deliver the Woodland Management Plan cross-referencing the obligations in the unilateral undertaking;

More dormouse bridges and an underpass for wildlife;

Insect bricks in end walls adjacent to the public highway/public footpaths and bug hotels in the natural areas;

Wildlife friendly boundary treatments including gaps for hedgehogs;

Deadwood piles to provide wildlife habitats;

More bird/bat boxes in standard trees at a reasonable height; and

No Sycamore trees within planting schemes.

Voting:  11 – For  0 – Against  0 – Abstentions

Note:  Having stated that she was a Member of Boxley Parish Council’s Environment Committee, Councillor Brindle did not participate in the discussion or the voting on this application.

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

In presenting the application, the Principal Planning Officer advised the Committee that:

·  The location of the proposed car park was not fully consistent with the indicative masterplan for the development of the Kent Medical Campus and would not be acceptable as a permanent feature.  The Committee report had therefore proposed that a condition be imposed requiring that the car park shall be removed and the land upon which it is sited shall either be restored to its former condition or developed in compliance with a subsequent planning permission/approval of Reserved Matters on or before 31 August 2025.

·  Notification had been received earlier during the day that there might be a delay in when the applicants wished to commence work and they had asked for a five year temporary consent starting from implementation which might be within a few years’ time.

In response to concerns expressed by a Member about ensuring that the works commence within a reasonable period of time, the Principal Planning Officer advised the Committee that the time limits on a Reserved Matters application were covered by the conditions on the outline planning permission to which it was pursuant. However, for clarity, the condition could be amended to ensure it dealt with the Committee’s wish that the target start date be within three years as well as having an end date within five years of implementation.

RESOLVED: 

1.  That the Reserved Matters be approved subject to the conditions and informative set out in the report as amended by the Principal Planning Officer at the meeting.

2.  That the Head of Planning and Development be given delegated powers to finalise the wording of the amended condition.

Voting:  12 – For  0 – Against  0 – Abstentions

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

RESOLVED:

1.  That permission be granted subject to the conditions set out in the report with the amendment of condition 4 (Enhancement of Biodiversity) to require the incorporation of bee bricks within the development.

2.  That the Head of Planning and Development be given delegated powers to finalise the wording of the amended condition and to amend any other conditions as a consequence.

Voting:  12 – For  0 – Against  0 – Abstentions

See Minute 328 above

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

RESOLVED:  That the report be noted and that the Officers be congratulated on their success at appeal.

6.00 p.m. to 7.54 p.m.