Agenda and minutes

It was noted that apologies for absence had been received from Councillors Harwood and Hinder.

It was noted that Councillor Burton was substituting for Councillor Hinder.

Councillor Mrs Parvin indicated her wish to speak on the report of the Head of Development Management relating to application MA/10/0738.

MA/10/2184 – CHANGE OF USE OF GROUND FLOOR FROM CLASS A1 SHOP TO A USE FALLING WITHIN USES CLASS A3 RESTAURANT/CAFÉ OR USE CLASS A5 HOT FOOD TAKEAWAY – 8 GABRIELS HILL, MAIDSTONE

The Head of Development Management reported that application MA/10/2184 had been withdrawn by the applicant.

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.

Councillor Ash stated that he was a Member of Bearsted Parish Council, and since he may have expressed a view regarding the development being undertaken at the site, he would speak but not vote when the report of the Head of Development Management relating to application MA/10/1873 was discussed.

Councillor Barned disclosed a prejudicial interest in the report of the Head of Development Management relating to application MA/10/0738.  He stated that he was an acquaintance of the applicant/landowner.

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

RESOLVED:  That the Minutes of the meeting held on 7 April 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/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.

(3)  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 still awaiting the submission of an ecological report.

Having disclosed a prejudicial interest, Councillor Barned left the meeting whilst this application was discussed.

All Members stated that they had been lobbied.

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

Mr Waller, for objectors, Mrs Rotherham, in support, and Councillor Mrs Parvin addressed the meeting.

RESOLVED:

1.  That permission be granted subject to the conditions and informatives set out in the report and the following additional condition and informative:-

  Additional Condition

No part of the site shall be used for display or sale of goods or materials.

Reason:  To protect the visual amenity of open countryside designated as being within the Kent Downs Area of Outstanding Natural Beauty and North Downs Special Landscape Area and the residential amenity of the occupiers of neighbouring residential properties in accordance with policies ENV28, ENV33 and ENV34 of the Maidstone Borough-Wide Local Plan 2000 and CC1, CC6, C3 and C4 of the South East Plan 2009, and central government planning policy and guidance in PPS1 Delivering Sustainable Development and PPS7 Sustainable Development in Rural Areas.

Additional Informative

The applicant should be aware that the Council’s Enforcement Officers will monitor the situation within three months of the decision to check compliance with conditions (especially with regard to outdoor storage, untidiness of the site and noise).

2.  That the Council’s Enforcement Officers should monitor the situation within three months of the decision to check compliance with conditions (especially with regard to outdoor storage, untidiness of the site and noise).

Voting:  9 – For  0 – Against  2 – Abstentions

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

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

RESOLVED:

1.  That the reserved matters be approved subject to the conditions and informative set out in the report, as amended by the urgent update report, and the following additional informatives:-

The applicant is advised that the silver birches should be located away from residential properties and that the position of the trees should be discussed with the Council prior to the implementation of the landscape scheme.

Burning should be kept to a minimum within the site and in any event within the scope of applicable environmental legislation.

The developers shall provide adequate space within the application site for the parking/turning/unloading of contractors’ vehicles before any works commence on site.  Such space shall thereafter be maintained during the construction process where practicable.

2.  That the position of the silver birch trees should be agreed in consultation with the Ward Members.

Voting:  12 – For  0 – Against  0 – Abstentions

Note:  The Committee was informed that Councillor Arger would be standing down as a Member of Staplehurst Parish Council in May.  Members wished to place on record their thanks to Councillor Arger for her regular attendance at meetings of the Committee and her clear explanation of the Parish Council’s views on applications when required.

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

Mr Unger, an objector, addressed the meeting.

RESOLVED:  That permission be granted subject to the conditions and informatives set out in the report and the following additional informative:-

It is the responsibility of the applicant to contact the Health and Safety Executive for confirmation of the structural integrity of the Gabion and masonry retaining walls.

Voting:  6 – For  0 – Against  5 – Abstentions

Note:  Councillor Ash did not participate in the voting on this application.

See Minute 362 above.

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.

The Committee considered the report of the Head of Development Management setting out details of an application to vary the Section 52 Agreement dated 30 March 1982 (the Principal Agreement) as varied by further Section 52 Agreements dated 7 January 1987, 4 November 1987 and 14 February 1990 in respect of land at Penhurst Close, Grove Green, Maidstone.  It was noted that:-

·  The Principal Agreement was completed in relation to outline planning application MA/80/0900 for the erection of residential development, primary school and preparation of public open space in accordance with the KCC Weavering Street Informal Action Plan.

·  The Principal Agreement provided for, inter alia, the provision of a number of community facilities within the overall development site, including, at Clause 2 (10), the covenant to reserve not less than 0.115 hectares of land within the edged brown land for the erection and construction of a public library and to make available associated car parking space in connection thereof and not to carry out any other development upon such reserved land.

·  To date, the library had not been provided and the County Council had now confirmed that there is no longer a requirement for a library to be provided on the site.

·  Land was allocated on the west side of what is now Penhurst Close in the Maidstone Borough Local Plan 1993 safeguarding the site for the provision of a library.  This allocation was not carried forward into the Maidstone Borough-Wide Local Plan 2000 and the site is now designated as public open space under saved policy ENV24.

·  In the light of the County Council’s decision as service provider and the fact that the site is no longer safeguarded in the Development Plan for the provision of a library, it was considered that the cancellation of the covenants in the Principal and subsequent Section 52 Agreements was justified and that the proposed Deed of Variation should be entered into.

RESOLVED:  That a Deed of Variation be completed that secures on completion of the Deed that Clause 2 (10) of the Section 52 Agreement dated 30 March 1982 (the Principal Agreement) and for the avoidance of doubt Clause 1 (2) of the Agreement dated 14 February 1990 shall be deleted and cease to have further effect in relation to the site.

Voting:  12 – For  0 – Against  0 – Abstentions

The Chairman announced that:-

·  He wished to draw the Committee’s attention to a letter from the Head of Development Management who was proposing to provide only an electronic version of the Statutory Register in The Gateway.  However, paper copies could be made available on request.

·  The Officers had started to draw up a training programme to meet Members’ requirements, including conditions, reasons for refusal and an explanation of permitted development and the importance of the Development Plan.

·  Since this was the last meeting of the Municipal Year, he wished to thank Members and Officers for their work and support.

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

6.00 p.m. to 7.55 p.m.