Agenda and minutes

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

It was noted that Councillor Thick was substituting for Councillor Barned.

Councillors Mrs Gooch and Vizzard indicated their wish to speak on the report of the Head of Development Management relating to application MA/09/1347.

Councillor Mrs Hinder indicated her wish to speak on the report of the Head of Development Management relating to application MA/10/1831.

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.

With regard to the report of the Head of Development Management relating to application MA/09/1347, Councillor Mrs Gooch stated that she was the Chairman of Barming Parish Council.

Councillor Harwood disclosed a personal interest in the reports of the Head of Development Management relating to applications MA/10/1831 and MA/10/2065.  He stated that he was a Member of Boxley Parish Council, but he had not participated in the Parish Council’s discussions on the applications and intended to speak and vote when they were considered.

Councillor Mrs Hinder, a Visiting Member, disclosed a personal interest in the reports of the Head of Development Management relating to applications MA/10/1831 and MA/10/2065 by virtue of being a Member of Boxley Parish Council which had raised objections to the proposed developments.

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

RESOLVED:  That the Minutes of the meeting held on 13 January 2011 be approved as a correct record and signed.

It was noted that a petition would be presented in relation to application MA/09/1347.

(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

The Head of Development Management advised the Committee that he was still awaiting revised and additional plans.

(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

The Head of Development Management advised the Committee that discussions were continuing regarding the draft Section 106 agreement.

The Chairman and Councillors Chittenden, English, Harwood, Paine, Mrs Robertson and Mrs Wilson stated that they had been lobbied.

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

Mr Chaplin, an objector, Mr Rogers, a petitioner in support of the application, Councillor Mrs Gooch (in support) and Councillor Vizzard (against) addressed the meeting.

Contrary to the recommendation of the Head of Development Management, the Committee agreed to refuse permission.  In making this decision, Members felt that the development would result in the loss of currently used allotment land and in the absence of information to demonstrate the allotment land is surplus to requirements in the area and without alternative provision, the development would result in the loss of a community facility for which it is considered there is a current and future need and which is of value to the local community.

RESOLVED:  That permission be refused for the following reason:-

The development would result in the loss of currently used allotment land and in the absence of information to demonstrate the allotment land is surplus to requirements in the area and without alternative provision, the development would result in the loss of a community facility for which it is considered there is a current and future need and which is of value to the local community.  This is contrary to policy ENV25 of the Maidstone Borough-Wide Local Plan 2000 and advice contained within PPG17: Planning for Open Space, Sport and Recreation.

Voting:  9 – For  0 – Against  3 – Abstentions

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

Councillor Mrs Spain of Boxley Parish Council (against) addressed the meeting.

RESOLVED:  That consideration of this application be deferred for further details with regard to the materials, landscaping and drainage.

Voting:  11 – For  0 – Against  0 – Abstentions

Note:

Councillor English was not present during consideration of this application.

Councillor J A Wilson left the meeting after consideration of this application.

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

Councillor Mrs Spain of Boxley Parish Council and Councillor Mrs Hinder (both against) 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:  9 – For  0 – Against  2 – Abstentions

Councillors English and Mrs Wilson stated that they had been lobbied.

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:  11 – For  0 – Against  0 – Abstentions

FURTHER RESOLVED:  That a letter be sent on behalf of the Committee to Ulcombe Parish Council expressing concern that, notwithstanding the advice of the Case Officer, the Parish Council did not withdraw its objection to this application, necessitating its determination by the Planning Committee, and did not send a representative to the meeting to explain its reasoning.

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 with the amended reason for approval 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 Development Management concerning an approach by the new owners of the above site regarding the possible variation of the Section 106 agreement in respect of application MA/05/2350 to amend the order in which the office blocks must be constructed.  The Committee was mindful that the current economic climate was very different to when the original Section 106 agreement was completed and that the site remained vacant and derelict.  It was considered that providing a degree of flexibility to facilitate the delivery of at least part of the approved B1 office development and the commencement of construction on this key gateway site at the entrance to the Town Centre that had lain dormant for a number of years should be encouraged.

RESOLVED:  That a Deed of Variation be completed deleting clause 3.2 of the Section 106 agreement dated 1 August 2006 in respect of application MA/05/2350 and inserting the following:-

3.2  The Owner undertakes that:

3.2.1it will complete the construction of Office Block A as defined on Plan C of Schedule 1 to this Deed (including the building out of all the car park – part of which will be underground – serving Office Blocks A and B) before the first occupation of any of the residential units to be constructed as permitted by the planning permission; and

3.2.2the Retail Unit shall be constructed and completed and made ready for occupation upon the earlier of:

  (a)  the first occupation of Office Block A; or

(b)  the first occupation of the 50^th residential unit to be constructed as permitted by the planning permission.

Voting:  11 – 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.

RESOLVED:  That the report be noted.

There were no announcements.

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

6.00 p.m. to 8.10 p.m.