Agenda and draft minutes

There were no apologies for absence.

There were no Substitute Members.

Councillors Chittenden and Harwood indicated their wish to speak on the exempt report of the Head of Planning and Development relating to application MA/13/2197 – Land at Boughton Lane, Maidstone.

RESOLVED:  That Councillor B Mortimer be elected as Chairman of the Committee for the remainder of the Municipal Year 2014/15.

RESOLVED:  That Councillor J Sams be elected as Vice-Chairman of the Committee for the remainder of the Municipal Year 2014/15.

The Chairman drew the Committee’s attention to the exempt update report of the Head of Planning and Development and to Counsel’s detailed Opinion both of which had been circulated separately.

There were no disclosures by Members and Officers.

All Members stated that they had been lobbied regarding the exempt report of the Head of Planning and Development relating to application MA/13/2197 – Land at Boughton Lane, Maidstone.

RESOLVED:  That the item on Part II of the agenda together with the exempt update report of the Head of Planning and Development and Counsel’s detailed Opinion be taken in private.

RESOLVED:  That the Minutes of the meeting held on 4 December 2008 be approved as a correct record and signed.

RESOLVED:  That the public be excluded from the meeting for the following item of business because of the likely disclosure of exempt information for the reason specified having applied the Public Interest Test:

The Committee considered the exempt report and the exempt update report of the Head of Planning and Development regarding the appeal against the Planning Committee’s decision to refuse application MA/13/2197 and the Committee’s decision that, notwithstanding Counsel’s Opinion in relation to the likely prospects of success, the Council should not defend reason for refusal 2 relating to the level of affordable housing but should continue to defend reason 1 relating to the loss and deterioration of ancient woodland at the forthcoming Public Inquiry.  It was noted that in accordance with paragraph 27.3 of Part 4 of the Council’s Constitution and paragraph 17 of the Local Code of Conduct for Councillors and Officers Dealing with Planning Matters, both relating to planning decisions which have significant cost implications, this decision of the Planning Committee had been referred to the Planning Referrals Committee by the Head of Planning and Development upon the advice of the representative of the Head of Legal Partnership.

The Committee also considered Counsel’s detailed Opinion.  This Opinion was circulated at the meeting to Committee Members and Visiting Members under strict terms and all copies were returned to the representative of the Head of Legal Partnership after consideration.

RESOLVED:

1.  That in the matter of the appeal against the Planning Committee’s decision to refuse application MA/13/2197, and having regard to (a) the provision of new evidence and (b) Counsel’s Opinion in relation to the likely prospects of success at appeal, the Council should not defend reason for refusal 2 relating to the level of affordable housing at the forthcoming Public Inquiry.

  Voting:  3 – For  0 – Against

FURTHER RESOLVED:

1.  That in the matter of the appeal against the Planning Committee’s decision to refuse application MA/13/2197, and having regard to (a) the provision of new evidence and (b) Counsel’s Opinion in relation to the likely prospects of success at appeal, the Council should not defend reason for refusal 1 relating to the loss and deterioration of ancient woodland at the forthcoming Public Inquiry.

2.  That the Head of Planning and Development be requested to seek to achieve, through the Statement of Common Ground, a single vehicular access or an alternative vehicular access to the development which avoid the woodland and also the removal of the footways from the woodland buffer zone.

Voting:  2 – For  1 - Against

6.00 p.m. to 8.30 p.m.