Agenda and minutes

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

It was noted that Councillor Vizzard would be substituting for Councillor Chittenden.

Councillor B Mortimer indicated his wish to speak on the report of the Head of Development Management relating to application MA/10/0839.

There were none.

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 matters to be considered at the meeting.

There were no disclosures by Members or Officers.

Note:  Councillor Vizzard entered the meeting during consideration of this item (6.05 p.m.).

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

RESOLVED:  That the Minutes of the meeting held on 17 March 2011 be approved as a correct record and signed.

There were no petitions.

(1)  MA/10/0202 – PLANNING APPLICATION FOR ERECTION OF 14 DWELLINGS – SHARP HOUSE, TOVIL GREEN, TOVIL, MAIDSTONE

The Head of Development Management advised the Committee that negotiations were continuing in respect of this application.

(2)  MA/09/1751 – ERECTION OF 5 DWELLINGS WITH INTEGRAL PARKING – LAND ADJACENT TO SURRENDEN MEWS, HIGH STREET, STAPLEHURST

  See Minute 348 below.

(3)  MA/10/0839 – CONVERSION OF OAST HOUSE TO 5 NO. LIVE-WORK UNITS AND EXTERNAL ALTERATIONS, ASSOCIATED GARAGING, PARKING AND LANDSCAPING – TUTSHAM HALL, TUTSHAM FARM, WEST FARLEIGH, MAIDSTONE

  See Minute 350 below

(4)  MA/10/2065 – DEMOLITION OF EXISTING BUILDING AND SHED AND ERECTION OF TWO NEW STORAGE BUILDINGS – HILLVIEW, OLD LIDSING ROAD, LIDSING, GILLINGHAM

  The Head of Development Management advised the Committee that negotiations were continuing in respect of this application.

(5)  MA/10/1878 – ERECTION OF 1 NO. BUNGALOW (PLOT 2) WITH DETACHED GARAGE, ACCESS AND ASSOCIATED WORKS (RE-SUBMISSION OF APPLICATION MA/10/1149) – LAND ADJACENT TO THE RETREAT, WARE STREET, WEAVERING, MAIDSTONE

  The Head of Development Management advised the Committee that he was awaiting the submission of an ecological survey with regard to reptiles.

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

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

Mrs Ray, an objector, Councillor Arger of Staplehurst Parish Council (against) and Mr Shaw, 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, with the amendment of conditions 2 and 13 as follows:-

Condition 2 (amended)

The development shall not commence until written details and samples of the materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be constructed using the approved materials.  The submitted details shall include inter alia:-

(i)  The use of white through-coloured or white painted render; and 

(ii)The use of oak cladding which shall show that it is pre-treated to avoid fading.

Reason:  To ensure a satisfactory appearance to the development pursuant to the advice in PPS1 and policies CC6 and BE6 of the South East Plan 2009. 

Condition 13 (amended)

The development shall not commence until and in conjunction with the details submitted pursuant to condition 2 above, the following details have been submitted to and approved by the Local Planning Authority:-

Large scale drawings at a scale of 1:50 or 1:20 showing:-

(a) The detailed design of the galvanised steel banding detail at the junction of the render and oak cladding;

(b) Details showing the proposed 250mm recesses for the garage doors and entrances;

(c) Details of the projecting windows and their surrounding frames;

(d) Details of the window and door reveals not otherwise required by (b) above;

(e) Details of rainwater goods; and

(f)  Details of the design and proposed species mix for the green roofs.

The development shall thereafter be carried out in accordance with the subsequently approved details.

Reason:  To maintain the quality and integrity of the design and to ensure a satisfactory external appearance to the development pursuant to the advice in PPS1.

Voting:  12 – For  0 – Against  1 – Abstention

All Members except Councillors Nelson-Gracie, Paine and Paterson stated that they had been lobbied.

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 informatives set out in the urgent update report with the amendment of Condition 2 and an additional condition as follows:-

Condition 2 (amended)

The development hereby permitted shall be carried out in accordance with the following approved plans: 7079A-102revC, 7079A-103revB, 7079A-104revB, 7079A-105,  7079A-106revB.

Reason:  To ensure the quality of the development is maintained and to prevent harm to the residential amenity of neighbouring occupiers in accordance with policies CC1 and CC6 of the South East Plan 2009.

Additional Condition

Notwithstanding the details shown on drawing nos. V7079/L01revA and 7079//L02revA, the development shall not commence until a detailed landscaping scheme has been submitted to and approved by the Local Planning Authority.  The submitted details shall include:-

(i)  The planting of a double staggered hedgerow along the James Street frontage, returning into Wheeler Street; and

(ii)The provision of high kerbs on the parking bays adjacent to the landscaped beds.

Reason:  In the interest of visual amenity and to ensure a satisfactory setting and external appearance to the development pursuant to policy ENV6 of the Maidstone Borough-Wide Local Plan 2000.

Voting:  12 – For  1 – Against  0 – Abstentions

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

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

Mr Hicken, for the applicant, and Councillor B Mortimer (in support) addressed the meeting.

Contrary to the recommendation of the Head of Development Management, the Committee agreed that subject to the prior completion of a legal agreement in such terms as the Head of Legal Services may advise to secure the live/work units in perpetuity and the restriction of access for business traffic to Hunt Street, the Head of Development Management be given delegated powers to grant permission subject to conditions.

In making this decision, Members were mindful that the residential element of the development was not in accordance with policy ENV45 of the Maidstone Borough-Wide Local Plan 2000.  However, it was required to facilitate the live/work accommodation, a working practice identified under more recent Government guidance contained within PPS4: Planning for Sustainable Economic Growth.  Having regard to the generation of traffic by the existing use, the re-use of the building for this use was considered to comply with policy ENV44 of the Maidstone Borough-Wide Local Plan 2000 and the economic benefits of retaining the building for these purposes were considered to represent circumstances that outweighed policy ENV45 of the Local Plan.

RESOLVED:

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

·  The residential accommodation shall only be occupied for residential purposes associated with the commercial use of the work accommodation.

·  No persons other than the occupier of the work accommodation and their dependants shall occupy the residential accommodation of the associated unit.

·  The work and residential accommodation of each unit shall be retained in one ownership and in one overall occupation and in one possession at all times. 

·  The work and residential accommodation of each unit shall be disposed of together and not separately.

·  The work accommodation shall be used for B1 use only.

·  The work accommodation shall remain as such in perpetuity and shall not be converted to residential accommodation.

·  Vehicular access in relation to activity undertaken at the work accommodation be only via Hunt Street and signage to direct such vehicles to only use Hunt Street.

  the Head of Development Management be given delegated powers to grant permission subject to conditions to cover the following:-

  Time;

   Removal of permitted development rights;

  Restrictions relating to open storage on site;

  Materials;

  Details of new external joinery;

  Obscure glazing of proposed ground floor work space windows on the north elevation;

  External lighting;

  Parking/turning areas;

  Landscaping and implementation;

  Mitigation measures for bats;

  Site contamination;

  Development in accordance with approved plans;

  Bespoke BREEAM condition; and

  Further ecological mitigation measures.

2.  That the Ward Members and Councillor Harwood should be consulted on the landscaping and renewable energy conditions.

Voting:  11 – For  0 – Against  2 – Abstentions

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

Mr Turner, an objector, Councillor Woods of Stockbury Parish Council and Mr Brunning, the applicant, addressed the meeting.

RESOLVED:

1.  That permission be granted subject to the conditions set out in the report with the amendment of condition 7 and an additional informative as follows:-

  Condition 7 (amended)

Within 2 months of the date of this decision, details showing how the spoil excavated to create the tennis court site will be spread across the land rather than removed from site, along with a time schedule detailing when the works will be completed, shall be submitted to and approved by the Local Planning Authority and the works shall be implemented in accordance with the approved details. 

Reason:  To safeguard the visual amenity and character of the countryside in accordance with policies ENV28, ENV33 and ENV34 of the Maidstone Borough-Wide Local Plan 2000.

  Additional Informative

You are hereby reminded that this planning approval does not pave the way for further development or mean that other development would be acceptable.  The site would only be useable as a tennis court and does not benefit from any permitted development rights for buildings.  Any development would require planning permission and any application must be judged on its own merits and under the relevant planning policies at that time.

2.  That the details to be submitted in relation to condition 6 (access) must be referred to Stockbury Parish Council for comment prior to determination.

Voting:  10 – For  1 – Against  2 – 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 Thomas of Headcorn Parish Council (against) and Mr Woods, for the applicant, addressed the meeting.

RESOLVED:

1.  That subject to the prior completion of a legal agreement, in such terms as the Head of Legal Services may advise, to secure the following:-

·  A contribution of £576.32 for additional bookstock at the local libraries required by the demand created by the proposed development;

·  A contribution of £3,187.50 towards the provision of a detached youth worker for the Maidstone Rural Youth Project required as a result of this development;

·  A contribution of £225.72 for adult social services towards Telecare equipment for homes of clients generated as a result of this development;

·  A contribution of £17,280 for improving the existing health care facilities at Headcorn Surgery;

·  A contribution of £1,575 per dwelling for the improvement of the open space provision within the surrounding area; and

·  A Landscape Management Plan for a period of not less than ten years

the Head of Development Management be given delegated powers to grant permission subject to the conditions and informatives set out in the report and the additional condition set out in the urgent update report with (a) the amendment of the reason for approval and conditions 3, 4, 5, 6, 7, 8 and 11 and (b) an additional informative as follows:-

Reason for Approval (amended)

The  proposed development is not in accordance with the policies of the Development Plan.  However, due to the specific planning history, the fallback position for development and the high quality design specification for the proposal including its architecture, landscape and biodiversity improvements, the development, subject to the conditions stated, is considered to represent circumstances that would result in less harm and would outweigh the existing policies in the Development Plan and there are no overriding material considerations to indicate a refusal of planning consent.

Condition 3 (amended)

No development shall take place until written details and samples of the materials as shown on the submitted drawings, including the proposed balcony enclosures to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be constructed using the approved materials.

Reason:  To ensure a satisfactory appearance to the development and to ensure the high design quality of the development, which is one of the reasons for departing from the Development Plan, is maintained in accordance with policies ENV28 and ENV34 of the Maidstone Borough-Wide Local Plan 2000 and C4 of the South East Plan 2009.

Condition 4 (amended)

No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, including the species to be used on the green walls, using indigenous species, which shall include indications of all existing trees and hedgerows on  ...  view the full minutes text for item 352.

Councillor Nelson-Gracie stated that he had requested that this application be reported to the Committee for decision.  Since it could be construed that he had pre-determined the application, he would speak but not vote when it was discussed.

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 as amended by the urgent update report.

Voting:  12 – For  0 – Against  1 – Abstention

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 and the amendment of the reason for approval as follows:-

The proposed development, subject to the conditions stated, is not considered to comply with the policies of the Development Plan (Maidstone Borough-Wide Local Plan 2000), but there is an overriding material consideration to indicate an approval of planning consent being the benefits to the viability of a Grade II Listed Building.

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 reminded the Committee that, when an appeal was allowed, costs might not be awarded against the Council, but there were still indirect costs in terms of the time spent by the Officers in preparing the Council’s case and attending the hearing.

RESOLVED:  That the report be noted.

The Chairman informed the Committee that the Officers had started to draw up a training programme to meet Members’ requirements.  It was suggested that future sessions should cover appeal procedures with case studies; the six tests for conditions; the formulation of reasons for refusal; and S106 and S278 agreements.  It was also suggested that the sessions should be in workshop format and that Officers should also be invited.

The Head of Legal Services advised the Committee that the Localism Bill contained proposals to abolish the ethical standards regime, including the requirement to have a Code of Conduct.  However, the Council would be able to adopt a voluntary Code of Conduct and failure to register or declare an interest would become a criminal offence.  Training would be arranged when decisions had been made on what arrangements might take the place of the current standards framework.

The Head of Development Management took the opportunity to advise Members of the arrangements being made to streamline the attendance of Officers at meetings of the Committee.

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

6.00 p.m. to 8.50 p.m.