Agenda item

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

Ms Lamb addressed the meeting on behalf of the applicant.

RESOLVED:

1.  That the Planning Inspectorate be informed that if the applicant had not lodged an appeal against non-determination, the Council would have granted planning permission subject to the completion of a S106 legal agreement and the imposition of suitable planning conditions as necessary to make the proposed development acceptable in planning terms.

2.  That the S106 legal agreement would have provided the following:

·  The provision of 30% affordable residential units within the application site; the tenure split to be 38% shared ownership (31 units) and 62% social rented (50 units);

·  A financial contribution of £798,095.00, as calculated in Appendix A to the report of the Head of Planning and Development, towards improvements to capacity at the junctions of Willington Street/Wallis Avenue and Sutton Road to be secured prior to commencement of development subject to final amendments to be negotiated between the Head of Planning and Development acting under delegated powers and developers;

·  A financial contribution of £365,850.00, as calculated in Appendix A to the report of the Head of Planning and Development, towards the subsidy required to enable the improvement of the bus service on routes 12 and 82 out to Bicknor Farm and into the land south of Sutton Road development with the prioritisation of high quality bus services serving Headcorn Railway Station, Bearsted Railway Station and the Cornwallis Academy with Real Time Information, Fast Track etc., subject to final amendments to be negotiated between the Head of Planning and Development acting under delegated powers and developers;

·  A financial contribution of £611,243.84 towards the land acquisition costs for provision of a new school at Langley Park and £905,000.00 towards construction costs;

·  A financial contribution of £37,453.72 towards the community facility being delivered as part of the new school at Langley Park;

·  A financial contribution of £533,904.75 towards the construction of a phase of extending the Cornwallis Academy, Maidstone;

·  A financial contribution of £13,012.28 towards libraries to address the demand from the development for additional book stock;

·  A financial contribution of £108,400.00 towards the improvement, maintenance, refurbishment and replacement of off-site facilities for play equipment and play areas, ground works, outdoor sports provision and pavilion facilities at Senacre Recreation Ground;

·  A financial contribution of £210,960.00 towards the upgrade of facilities as required at the Wallis Avenue Surgery, Orchard Surgery Langley, Mote Medical Practice and Northumberland Court Surgery;

·  Annual monitoring and reporting of the effect of displaced traffic on highway routes surrounding the site (“rat-running” monitoring);

·  A financial contribution towards suitable mitigation measures to combat any significant adverse traffic flow conditions as may be established by the monitoring exercise to be conducted;

·  The establishment of a “development monitoring committee” to be responsible for the review of all aspects of the development, including design, phasing, quality etc., with such members to include an Officer of the Borough Council, Ward Member(s), representatives of the appropriate Parish Council(s) and a representative of the developers; and

·  A financial contribution towards the setting up and running of this “development monitoring committee”.

3.  That the conditions that would have been imposed be as set out in the report of the Head of Planning and Development, as amended by the first urgent update report, and the additional conditions set out in the first urgent update report (relating to ducting, architectural detailing and air quality) with the amendment of conditions 8, 9 and 10 and an additional condition as follows:

Condition 8 (Landscape and Ecological Management Plan) (amended)

Add sub-section:

l) Details of the management of an on-site play area.

Condition 9 (Landscaping) (amended)

Add sub-section:

v) Details of tree planting to create a strong boundary treatment to the immediate north of the site to create a landscape corridor between Bicknor Wood and Belts Wood.

Condition 10 (PROW KM94) (amended)

Prior to commencement of development, full details of the alignment of public footpath PROW KM94 together with surfacing material details shall be submitted to and approved in writing by the Local Planning Authority.  The details shall ensure a naturalistic approach to the surface of the footpath to include limestone chippings or bark surfacing, and not black top, and the footpath shall not be adopted.

The works shall be carried out in accordance with the approved details prior to occupation of the first dwelling. 

Reason:  The submitted plan no 22663A/SK01 does not show the definitive alignment of the PROW and to ensure good quality connectivity and acceptable appearance through the site. 

Additional Condition – On Site Play Area

Prior to the commencement of development full details of an equipped children’s on-site play area to be provided as part of the public open space shall be submitted to and approved by the Local Planning Authority.  The approved play area shall be available for use before the first occupation of the housing hereby permitted.  The details shall include the location of the play area; and the arrangement and design of play equipment to be provided.

Reason:  In order to ensure that the occupiers of the housing are provided with adequately set out and equipped play space for children.

Voting:  4 – For  1 – Against  6 – Abstentions

4.  That the Head of Planning and Development be given delegated powers in consultation with the Head of Legal Partnership to negotiate and agree the precise details of the S106 legal agreement to be submitted to the Planning Inspectorate as part of the appeal process.

Voting:  10 – For  0 – Against  1 - Abstention