Agenda and minutes
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Apologies for Absence Minutes: It was noted that apologies for absence had been received from Councillors Harwood, Holmes, Trzebinski and D Wilkinson.
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Notification of Substitute Members Minutes: The following Substitute Members were noted:
Councillor Coates for Councillor D Wilkinson Councillor Cooper for Councillor Trzebinski Councillor Russell for Councillor Holmes
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Notification of Visiting Members Minutes: There were no Visiting Members.
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Items withdrawn from the Agenda Minutes: 22/502529/TPOA – HOLTYE COTTAGE, HEADCORN ROAD, STAPLEHURST, KENT
The Landscape Team Leader sought the Committee’s agreement to the withdrawal of application 22/502529/TPOA (Holtye Cottage, Headcorn Road, Staplehurst, Kent) from the agenda as there were several issues within the report that required further consideration, including the likelihood of a compensation claim arising if the application was to be refused.
RESOLVED: That agreement be given to the withdrawal of application 22/502529/TPOA from the agenda.
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Urgent Items Minutes: The Chairman said that he intended to take the update reports of the Head of Development Management and verbal updates in the Officer presentations as urgent items as they contained further information relating to the applications to be considered at the meeting.
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Disclosures by Members and Officers Minutes: Councillor Munford said that, with regard to the report of the Head of Development Management relating to application 22/502627/FULL (Boughton Service Station, Heath Road, Boughton Monchelsea, Kent) he was the Chairman of Boughton Monchelsea Parish Council. However, he had not participated in the Parish Council’s discussions on the application and intended to speak and vote when it was considered.
Councillor Perry said that, with regard to the reports of the Head of Development Management relating to applications 22/501684/FULL (3 The Parade, Staplehurst, Tonbridge, Kent) and 22/502529/TPOA (Holtye Cottage, Headcorn Road, Staplehurst, Kent), he was the Vice-Chairman of Staplehurst Parish Council. However, he had not participated in the Parish Council’s discussions on the applications and intended to speak and vote when they were considered.
Councillor Spooner said that, with regard to the report of the Head of Development Management relating to application 22/501994/TPOA (Land Rear of 8 Gault Close, Bearsted, Maidstone, Kent), he was a Member of Bearsted Parish Council. However, he had not participated in the Parish Council’s discussions on the application and intended to speak and vote when it was considered.
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Disclosures of lobbying Minutes: The following disclosures of lobbying were noted:
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Exempt Items Minutes: RESOLVED: That the items on the agenda be taken in public as proposed.
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Minutes of the meeting held on 25 August 2022 Minutes: RESOLVED: That the Minutes of the meeting held on 25 August 2022 be approved as a correct record and signed.
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Presentation of Petitions Minutes: There were no petitions.
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Additional documents:
Minutes: The Committee considered the report and the urgent update report of the Head of Development Management.
During the introduction of and discussion on the application, the Officers advised the Committee that if Members were minded to approve the application, they wished to amend the recommendation set out in section 4 of the report to give delegated powers to the Head of Development Management to be able to change, add, settle or amend any necessary planning conditions in line with the matters set out in the recommendation and as resolved by the Planning Committee and gain agreement from the applicant for pre-commencement conditions. This would enable the Officers to strengthen conditions to ensure that measures promised by the applicant are provided and issues such as noise mitigation, obscure glazing, highway matters, trees and ecology are satisfactorily addressed.
Mrs Evans, an objector, Councillor Ireland of East Sutton Parish Council and Mr Hawkins, agent for the applicant, addressed the meeting in person.
RESOLVED: That permission be granted subject to the conditions and informatives set out in the report with delegated powers given to the Head of Development Management to be able to change, add, settle, or amend any necessary planning conditions in line with the matters set out in the recommendation and as resolved by the Planning Committee and gain agreement from the applicant for pre-commencement conditions. This should include a condition to address ecological matters (the provision of up-to-date information to assess the impact if any on protected species and a scheme for the enhancement of biodiversity).
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
Dr Staples, an objector, addressed the meeting in person.
Ms Windless addressed the meeting remotely on behalf of Boughton Monchelsea Parish Council.
Mr Monger addressed the meeting in person on behalf of the applicant.
Contrary to the recommendation of the Head of Development Management, the Committee agreed to refuse permission. In making this decision, the Committee considered that:
The proposal by reason of the design and appearance of the acoustic structure and the necessary external lighting will have an adverse impact upon the historic fabric of the adjacent Cock Street conservation area and countryside. The public benefits of the proposal do not outweigh the harm caused to the countryside and the adjacent conservation area. As such, the development is not in accordance with policies LRE1 and LRE2 of the Boughton Monchelsea Neighbourhood Plan (2021), or policies SP17, DM1 and DM8 of the Maidstone Borough Local Plan (2017), or the provisions of the NPPF (2021).
RESOLVED: That permission be refused and the Head of Development Management be given delegated powers to finalise the reason for refusal to include the key issues cited above.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
Councillor Brown addressed the meeting remotely on behalf of Yalding Parish Council.
Mr Clarke addressed the meeting in person on behalf of the applicant.
RESOLVED: That permission be granted subject to the conditions set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
Mr Talwar, the applicant, addressed the meeting.
RESOLVED: That permission be granted subject to the conditions and informatives set out in the report.
Voting: 11 – For 0 – Against 1 - Abstention
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Additional documents:
Minutes: 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 informatives set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
RESOLVED: That permission be granted subject to the conditions and informatives set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
RESOLVED: That permission be granted subject to the conditions and informatives set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: 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: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
RESOLVED: That permission be granted subject to the condition and informatives set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
RESOLVED: That permission be granted subject to the condition and informatives set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
RESOLVED: That permission be granted subject to the condition and informatives set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents:
Minutes: See Minute 93 above.
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Additional documents:
Minutes: The Committee considered the report and the urgent update report of the Head of Development Management.
RESOLVED: That permission be granted subject to the condition and informatives set out in the report and the additional informative set out in the urgent update report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents:
Minutes: 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 informatives set out in the report and the additional informative set out in the urgent update report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
RESOLVED: That permission be granted subject to the condition and informatives set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
Following consideration of this application, it was suggested and agreed that the Parks Team be requested to ensure that arisings from tree works are cleared away appropriately.
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Additional documents: Minutes: The Committee considered the report of the Head of Development Management.
RESOLVED: That permission be granted subject to the condition and informatives set out in the report.
Voting: 12 – For 0 – Against 0 – Abstentions
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Minutes: 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 advised the Committee that the decisions to allow the appeals against the Council’s decisions to refuse applications 21/503543/FULL and 21/505816/OUT were concerning as they related to development in the open countryside. Legal opinions had been sought on these decisions and the advice was that the Council should not proceed with judicial reviews, but, in future, Members and Officers should be very clear on the harm to the countryside in determining applications.
It was suggested that this should be covered in future training sessions.
RESOLVED: That the report be noted.
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Duration of Meeting Minutes: 6.00 p.m. to 8.35 p.m.
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