Agenda and minutes

It was noted that apologies for absence had been received from Councillors Boughton and Hastie.

The following Substitute Members were noted:

Councillor Brice for Councillor Boughton

Councillor Willis for Councillor Hastie

Councillor Newton indicated his wish to speak on the reports of the Head of Planning and Development relating to applications 14/506264, 15/509015 and 15/509251.

There were none.

The Chairman advised the Committee that he had agreed to take the reports of the Head of Planning and Development relating to applications 15/509015 and 15/509251 as urgent items to avoid further delay.  He had also agreed to take the update reports of the Head of Planning and Development as urgent items as they related to applications to be considered at the meeting.

Councillor Prendergast said that, in the past, she had been a member of CPRE Kent which had commented on applications 14/506264, 15/509015 and 15/509251. However, she had not participated in CPRE Kent’s discussions on these applications, and intended to speak and vote when they were considered.

All Members stated that they had been lobbied on the reports of the Head of Planning and Development relating to applications 14/506264, 15/505906, 15/509015 and 15/509251.

RESOLVED:  That the legal advice contained in the exempt Appendix to the reports of the Head of Planning and Development relating to applications 14/506264, 15/509015 and 15/509251 be considered in public, but the information contained therein should remain private.

RESOLVED:  That the Minutes of the meeting held on 30 June adjourned to 7 July 2016 be approved as a correct record and signed.

It was noted that a petition objecting to application 15/509015 had been presented to the adjourned meeting of the Committee held on 7 July 2015.

There were no other petitions.

14/504109 - ADVERTISEMENT CONSENT FOR THE INSTALLATION OF 2 NO. NON-ILLUMINATED METAL POLE MOUNTED SIGNS (RETROSPECTIVE APPLICATION) - HUNTON C OF E PRIMARY SCHOOL, BISHOPS LANE, HUNTON, KENT

15/503223 – PART RETROSPECTIVE - CHANGE OF USE AND REBUILDING OF FORMER CATTLE SHED TO PROVIDE TOURIST ACCOMMODATION - BLETCHENDEN MANOR FARM, BLETCHENDEN ROAD, HEADCORN, KENT

There were no updates in respect of these applications on this occasion.

The representative of the Head of Legal Partnership reminded Members that if they felt that they may have pre-determined any applications on the agenda, they should make a declaration to that effect.

Councillor Brice said that since she had spoken as a Visiting Member in support of application 15/505906 (Grafty Green Garden Centre) on a previous occasion, she would leave the meeting when it was discussed.

In response to a question by the representative of the Head of Legal Partnership, Councillor Mrs Stockell said that she did not think that she had pre-determined; she would listen to the discussion and then decide.

Having stated that she had pre-determined this application, Councillor Brice left the meeting when it was discussed.

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

Mr Quinn, the applicant, addressed the meeting.

It was noted that a £50,000 contribution in respect of the provision of a broadband connection to the wider village of Boughton Malherbe had been put forward by the applicants.  However, the Officers maintained that such a contribution was not a policy requirement of the Council and did not meet the tests of the CIL Regulations, and should be prioritised instead towards providing an overall affordable housing contribution totalling £290,000.  It was suggested that the provision of broadband would benefit the existing community and future occupiers of the development by reducing the need for car journeys and making the site and village more sustainable.  The provision of the broadband connection could be dealt with outside the S106 legal agreement, with a corresponding £50,000 reduction in the affordable housing contribution, reinforced by an informative regarding its delivery.

Contrary to the recommendation of the Head of Planning and Development, the Committee agreed that subject to the prior completion of a S106 legal agreement, including a reduced contribution of £240,000 towards affordable housing off-site having regard to the proposed provision of a broadband connection, the Head of Planning and Development be given delegated powers to grant permission subject to conditions and informatives.  In making this decision, the Committee felt that the amended proposal was a sustainable approach to the use of this redundant brownfield site and that the benefits for the local community, economy, landscape and wildlife were sufficient to outweigh any disbenefit arising from the development proposals.

RESOLVED:

1.  That subject to the prior completion of a S106 legal agreement in such terms as the Head of Legal Partnership may advise to secure the following summarised contributions:

·  A contribution of £240,000 towards affordable housing provision off-site;

·  A contribution of £33,053 towards the provision of primary education;

·  A contribution of £18,864 towards NHS provision;

·  A contribution of £22,050 towards off-site provision of public open space; and

·  A contribution of £672 towards library book stock,

  the Head of Planning and Development be given delegated powers to grant permission subject to the conditions and informatives set out in the report, as amended by the second urgent update report, and the additional condition set out in the first urgent update report, with an additional informative as follows:

  The Council expects to see the £50,000 reduction in the affordable housing contribution allocated towards the provision of the broadband connection for the benefit of the community.

2.  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.

Voting:  12 – For  0 – Against  0 – Abstentions

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

Councillor Taylor-Maggio of Langley Parish Council (against),

Mrs Etherington, for the applicant, and Councillor Newton (Visiting Member) addressed the meeting.

RESOLVED:

1.  That subject to the prior completion of a S106 legal agreement in such terms as the Head of Legal Partnership may advise to secure the following:

·  A financial contribution of £1,000.00 per dwelling towards the provision of health facilities at the Orchard Langley Surgery and/or Wallis Avenue Surgery OR the provision of on-site health facilities to be determined at reserved matters stage;

·  A financial contribution of £5,625.00 per dwelling (assuming 1 Form Entry School required) for provision of a primary school on a site of a minimum of 1.2 hectares but cascade approach to allow for 2.1 hectares if the needs of the development requires it, through reserved matters process.  If required the additional land to be provided at agricultural land value;

·  A financial contribution of £750.00 per dwelling towards on or off-site community facilities, proposed as part of the development;

·  The provision of 30% affordable housing with a 60/40 tenure split in favour of Affordable Rent including 16 Wheelchair Accessible Homes;

·  The provision of a minimum 19.77 hectares of public open space as shown on drawing number RD1557_PP_104 Rev. M;

·  A financial contribution of £2,359.80 per dwelling towards the expansion of the Cornwallis Academy (secondary education);

·  A financial contribution of £30.70 per dwelling towards the refurbishment required at St Faiths Adult Education Centre in Maidstone to provide additional capacity to meet the needs of the additional attendees (community learning contribution);

·  A financial contribution of £8.49 per dwelling towards additional equipment required to support the additional attendees at the Fusion Café youth project (youth services contribution);

·  A financial contribution of £48.02 per dwelling towards additional library book stock required to mitigate the impact of the new borrowers from this development;

·  A financial contribution of £53.88 per dwelling towards the cost of providing additional services for this proposed development, namely accessibility improvements to a community building local to the development where social care services are delivered by KCC or a third party (social care contribution);

·  The provision of a travel plan, public transport incentives, including free taster tickets for local buses and a contribution towards monitoring of the travel plan;

·  A Landscape and Ecological Management Plan, to include:

Description and evaluation of features to be managed;

Aims and objectives of management;

Management prescriptions for achieving aims and objectives;

Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period);

Details of the body or organisation responsible for implementation of the plan;

Details of on-going species and habitat monitoring; and

Provision for remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery;

·  Appropriate financial contributions for significant  ...  view the full minutes text for item 89.

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

Mr Barker, an objector, Councillor Aplin of Otham Parish Council (against), Councillor Greenhead of Downswood Parish Council (against), Mr Goodban, for the applicant, and Councillor Newton (Visiting Member) addressed the meeting.

RESOLVED:

1.  That subject to the prior completion of a S106 legal agreement in such terms as the Head of Legal Partnership may advise to secure the following:

·  A financial contribution of £978.34 per dwelling towards the provision of health facilities at one of the following surgeries: Wallis Avenue Surgery, Mote Medical Practice, Northumberland Court, Downswood Surgery, Grove Park Surgery;

·  A financial contribution of £6,460.00 per dwelling towards the construction of Langley Park Primary School and Langley Park Primary School site acquisition;

·  A financial contribution of £272.00 per dwelling towards improvements to existing off-site open space facilities at Senacre Recreation Ground;

·  The provision of 30% affordable housing with a 60/40 tenure split in favour of Affordable Rent including 2 (two) Wheelchair Accessible Homes;

·  The provision of a minimum 5.8 hectares of public open space;

·  A financial contribution of £2,274.84 per dwelling towards the third phase of the expansion of the Cornwallis Academy (secondary education);

·  A financial contribution of £30.70 per dwelling towards the refurbishment required at St Faiths Adult Education Centre in Maidstone to provide additional capacity to meet the needs of the additional attendees (community learning contribution);

·  A financial contribution of £8.49 per dwelling towards additional equipment required to support the additional attendees at the Fusion Café Youth project (youth services contribution);

·  A financial contribution of £48.02 per dwelling towards additional library book stock required to mitigate the impact of the new borrowers from this development;

·  A financial contribution of £53.88 per dwelling towards the cost of providing additional services for this proposed development, namely accessibility improvements to a community building local to the development where social care services are delivered by KCC or a third party (social care contribution);

·  A Landscape and Ecological Management Plan, to include:

Description and evaluation of features to be managed to include the long term maintenance and management of the SUDS schemes located in the buffer zone to the southern boundary;

Aims and objectives of management;

Management prescriptions for achieving aims and objectives;

Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period);

Details of the body or organisation responsible for implementation of the plan;

Details of on-going species and habitat monitoring; and

Provision for remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

·  Appropriate financial contributions for significant highways and transport improvements to include the following elements that are subject to further negotiations:

A per dwelling contribution towards the A274 Sutton Road/Willington Street/Wallis Avenue junction improvements;

A per dwelling contribution towards bus prioritisation measures from the  ...  view the full minutes text for item 90.

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  ...  view the full minutes text for item 91.

The Committee considered the report of the Head of Planning and Development setting out details of appeal decisions received since the last meeting.

RESOLVED:  That the report be noted.

There were no announcements on this occasion.

6.00 p.m. to 10.25 p.m.