Agenda and minutes

Venue: Town Hall, High Street, Maidstone

Contact: Debbie Snook  01622 602030

Items
No. Item

43.

Recording of Proceedings

Minutes:

It was noted that a journalist from the Kent Messenger newspaper would be recording the proceedings.

 

44.

Prayers

Minutes:

Prayers were said by the Reverend Ian Parrish.

 

45.

Apologies for Absence

Minutes:

It was noted that apologies for absence had been received from Councillors Garland, Harwood and Springett.

 

46.

Dispensations

Minutes:

There were no applications for dispensations.

 

47.

Disclosures by Members and Officers

Minutes:

There were no disclosures by Members or Officers.

 

48.

Disclosures of Lobbying

Minutes:

All Members present except Councillor B Mortimer stated that they had been lobbied regarding the adoption of the Maidstone Borough Local Plan (2017).

 

49.

Exempt Items

Minutes:

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

 

50.

Minutes of the meeting of the Borough Council held on 19 July 2017 pdf icon PDF 73 KB

Minutes:

RESOLVED:  That the Minutes of the meeting of the Borough Council held on 19 July 2017 be approved as a correct record and signed.

 

51.

Mayor's Announcements

Minutes:

The Mayor updated Members on recent and forthcoming Mayoral engagements.

 

During his announcements, the Mayor made a presentation to Mr Mike Fitzgerald, a former Member of the Borough Council and Mayor of the Borough of Maidstone, and congratulated him on being awarded an MBE in the Queen’s Birthday Honours List for services to the homeless and the community.

 

Note:  Councillor Brice entered the meeting after the Mayor’s announcements.

 

52.

Changes to Order of Business

Minutes:

The Mayor announced that he intended to change the order of business to take the following items after agenda item 11 (Questions from Members of the Council to the Chairmen of Committees):

 

Item 17 - Report of the Strategic Planning, Sustainability and Transportation Committee held on 12 September 2017 - Maidstone Borough Local Plan (2017): Adoption; and

 

Item 16 - Report of the Strategic Planning, Sustainability and Transportation Committee held on 12 September 2017 - Maidstone Borough Community Infrastructure Levy (CIL) Charging Schedule: Approval

 

53.

Petitions

Minutes:

There were no petitions.

 

54.

Question and Answer Session for Members of the Public

Minutes:

Question to the Chairman of the Strategic Planning, Sustainability and Transportation Committee from Councillor Geraldine Brown (Chairman of Maidstone KALC and Chairman of Yalding Parish Council)

 

Do you accept that, if DCLG’s current consultation proposals are subsequently adopted, our Borough will be expected to take about 7,000 more homes than the 17,660 in the Local Plan to be adopted this evening?

 

The Chairman of the Strategic Planning, Sustainability and Transportation Committee replied that:

 

In short, yes.  If the Government’s proposed methodology is confirmed, the annual housing requirement would increase from 883 to 1,236 dwellings per year, amounting to an additional 7,060 dwellings over a 20 year period compared with the Local Plan.

 

I think that it is very important to note that if we adopt the Local Plan, the annual requirement will be fixed at 883 dwellings per year until the Plan is reviewed.

 

The Mayor then asked if any Group Leader/representative present would also like to respond.

 

Councillor Harper, the Leader of the Labour Group, responded to the question.

 

Councillor Brown asked the following supplementary question of the Chairman of the Strategic Planning, Sustainability and Transportation Committee:

 

Will you do everything possible to minimise further impact on existing residents given the already high level of planned development in the Plan?

 

The Chairman of the Strategic Planning, Sustainability and Transportation Committee replied that:

 

I think that I can honestly answer this on behalf of all of us.  Yes, of course, minimising impact will be first and foremost in every Councillor’s mind when we enter the review period.

 

The Mayor then asked if any Group Leader/representative present would also like to respond.

 

Councillor Perry, the Leader of the Conservative Group, responded to the question.

 

Question to the Chairman of the Strategic Planning, Sustainability and Transportation Committee from Councillor Peter Coulling (Chairman of Teston Parish Council)

 

Do you commit to ensuring that the number of planned new homes is kept within the capacity of our Borough’s infrastructure?

 

The Chairman of the Strategic Planning, Sustainability and Transportation Committee replied that:

 

Yes, but there needs to be a more detailed explanation behind that.  The National Planning Policy Framework sets out that Local Plans should plan positively for the development and infrastructure required to meet identified needs.  In developing a strategy to meet the identified needs for housing, local planning authorities should work with other authorities and infrastructure providers to assess the quality and capacity of infrastructure in the area, and Local Plans should include strategic policies to ensure the delivery of necessary supporting infrastructure.

 

Through the development of the Integrated Transport Strategy and Infrastructure Delivery Plan the Council has evidenced the need to provide a series of measures to ensure that planned growth can be accommodated in infrastructure terms.  This includes the provision of new schools and community infrastructure, highways and sustainable transport improvements, health infrastructure improvements and green infrastructure provision, including new open spaces.  These measures are reflected in strategic policies in the Local Plan so as to provide a robust basis on  ...  view the full minutes text for item 54.

55.

Questions from Members of the Council to the Chairmen of Committees

Minutes:

Question to the Chairman of the Strategic Planning, Sustainability and Transportation Committee from Councillor Paul Harper

 

As Maidstone Council has adopted the Integrated Transport Plan a considerable time ago, what measures is Maidstone Borough Council doing to get it adopted or endorsed by Kent County Council?  The Kent Cabinet Member for Environment and Transport recently stated that he saw no obstacle to adopting the Walking and Cycling Strategy of the Integrated Transport Plan separately, will the Council do all it can to ensure that that is carried out?

 

The Chairman of the Strategic Planning, Sustainability and Transportation Committee replied that:

 

We are already working very collaboratively at this time with Kent County Council to deliver the schemes identified in the Integrated Transport Strategy and the Walking and Cycling Strategy.

 

It is my understanding that Kent County Council actually endorses and does not formally adopt these policies as it considers them to be local policies.  The comments of the County Member with regard to his willingness to endorse it are very much welcomed and I believe that it currently sits with him to do so.  We can certainly send him a letter and jog his memory.

 

Councillor Harper did not ask a supplementary question of the Chairman of the Strategic Planning, Sustainability and Transportation Committee.

 

Question to the Chairman of the Policy and Resources Committee from Councillor Paul Harper

 

Can the Chairman of Policy and Resources Committee please update the Council on measures to protect the Hart Street’s approximately 650 Flats from suffering flooding in the future?  In the last major floods in Maidstone there was serious flooding to the undercrofts and access stair cases to a considerable number of these flats.  The Local Plan identifies this as an area where further development is likely to take place, only potentially making the situation worse.

 

The Chairman of the Policy and Resources Committee replied that:

 

We have a lot of flooding issues throughout the Borough and they are being dealt with as robustly as this Council can manage to do so in conjunction with the Environment Agency and Kent County Council.

 

The area you are talking about is slightly different to some of the other areas in that the land these properties have been built on was formerly industrial and the flooding issues in that area were very well known.  In relation to an application for 307 flats at Wallis Place in May 2004, the Environment Agency commented that “the Agency considers the site is likely to be Flood Zone 3, category a, that is High Risk”.  The Environment Agency and the Council were well aware of the issues when the development was proposed which is why the development is as it is with the undercroft; it was built to withstand flooding.  The flats were designed to ensure that the residents’ living quarters would not be affected.

 

I am not trying to diminish the way that people feel about a serious flood.  I think that the issue here is it is not  ...  view the full minutes text for item 55.

56.

Report of the Strategic Planning, Sustainability and Transportation Committee held on 12 September 2017 - Maidstone Borough Local Plan (2017): Adoption pdf icon PDF 45 KB

Additional documents:

Minutes:

It was moved by Councillor D Burton, seconded by Councillor Boughton, that subject to the minor factual corrections set out in the note on this item circulated separately at the meeting, the Maidstone Borough Local Plan (2017) in Appendix VI to the report of the Strategic Planning, Sustainability and Transportation Committee, which incorporated the Inspector’s Main Modifications, and the Policies Map at Appendix VII to the report be adopted.

 

The corrections were as follows:

 

Maidstone Borough Local Plan: Policies Map – Factual Changes

 

Map Page

 

Factual Change

Map 26

Correct the down arrow at the foot of the page to 34

Policies SP5 and SP11

Within the boundaries of the Rural Service Centres of Harrietsham, Headcorn, Lenham, Marden and Staplehurst, as defined on the Policies Map, to include an annotation for Policy SP5; and within the boundaries of the Larger Villages of Boughton Monchelsea, Coxheath, Eyhorne Street (Hollingbourne), Sutton Valence and Yalding, as defined on the Policies Map, to include an annotation for Policy SP11.

 

In accordance with Council Procedure Rule 21.4, five Members requested that a named vote be taken.  The voting was as follows:

 

FOR (40)

 

Councillors Adkinson, Barned, Mrs Blackmore, Boughton, D Burton,

M Burton, Butler, Clark, Cox, Daley, Ells, English, Fermor, Fissenden, Fort, Mrs Gooch, Greer, Mrs Grigg, Harper, Harvey, Hastie, Mrs Hinder, Mrs Joy, Lewins, McLoughlin, D Mortimer, Munford, Naghi, Pickett, Mrs Ring,

Mrs Robertson, Round, J Sams, T Sams, Vizzard, Webb, Webster, Wilby, Willis and Mrs Wilson

 

AGAINST (9)

 

Councillors Brice, Cuming, Newton, Perry, Powell, Prendergast, Spooner, Mrs Stockell and de Wiggondene

 

ABSTAINED (1)

 

Councillor B Mortimer

 

RESOLVED:  That subject to the minor factual corrections set out in the note on this item circulated separately at the meeting, the Maidstone Borough Local Plan (2017) in Appendix VI to the report of the Strategic Planning, Sustainability and Transportation Committee, which incorporated the Inspector’s Main Modifications, and the Policies Map at Appendix VII to the report be adopted.

 

57.

Report of the Strategic Planning, Sustainability and Transportation Committee held on 12 September 2017 - Maidstone Borough Community Infrastructure Levy (CIL) Charging Schedule: Approval pdf icon PDF 34 KB

Additional documents:

Minutes:

It was moved by Councillor D Burton, seconded by Councillor Cox, that the recommendations of the Strategic Planning, Sustainability and Transportation Committee regarding approval of the Community Infrastructure Levy (CIL) Charging Schedule be agreed.

 

RESOLVED:

 

1.  That the Maidstone Borough Community Infrastructure Levy (CIL) Charging Schedule, attached as Appendix A to the report of the Strategic Planning, Sustainability and Transportation Committee, be approved in accordance with Section 213 of the Planning Act 2008 with an effective implementation date of 1 October 2018.

 

2.  That the CIL Regulation 123 List, attached as Appendix B to the report of the Strategic Planning, Sustainability and Transportation Committee, and CIL Instalments Policy, attached as Appendix C to the report, be approved.

 

58.

Current Issues - Report of the Leader of the Council, Response of the Group Leaders and Questions from Council Members

Minutes:

There was no report from the Leader of the Council on this occasion.

 

59.

Report of the Maidstone Joint Transportation Board held on 19 April 2017 - Amendments to the Maidstone Joint Transportation Board Agreement pdf icon PDF 32 KB

Additional documents:

Minutes:

It was moved by Councillor D Burton, seconded by Councillor English, that the recommendation of the Maidstone Joint Transportation Board regarding amendments to the Maidstone Joint Transportation Board agreement be approved.

 

RESOLVED:  That the amended Maidstone Joint Transportation Board agreement, attached as Appendix 2 to the report of the Maidstone Joint Transportation Board, be adopted.

 

60.

Report of the Policy and Resources Committee held on 25 July 2017 - Policy on Disposal of Property - Amendments to the Constitution pdf icon PDF 30 KB

Minutes:

It was moved by Councillor Mrs Wilson, seconded by Councillor Harper, that the recommendations of the Policy and Resources Committee regarding amendments to the Constitution arising from the adoption of a new policy on the disposal of property be approved.

 

RESOLVED:

 

1.  That the following paragraph be added to the Terms of Reference of the Heritage, Culture and Leisure Committee:

To declare Open Space surplus to requirements for the purposes of advertising and disposing of open space under Section 123 of the Local Government Act 1972 or any other similar enactment and to take the final decision on disposal.’

 

2.  That the following paragraph be added to the Terms of Reference of the Policy and Resources Committee:

 

To make decisions regarding land and property including acquisition (by agreement or compulsorily), disposal, appropriation and development, with the exception of the declaration of Open Space surplus to requirements for the purposes of advertising and disposing of open space under Section 123 of the Local Government Act 1972 or any other similar enactment and the final decision on the disposal of Open Space.’

 

61.

Report of the Policy and Resources Committee held on 25 July 2017 - Medium Term Financial Strategy pdf icon PDF 29 KB

Additional documents:

Minutes:

It was moved by Councillor Mrs Wilson, seconded by Councillor Harper, that the recommendation of the Policy and Resources Committee regarding the Medium Term Financial Strategy be approved.

 

RESOLVED:  That the Medium Term Financial Strategy, attached as Appendix 2 to the report of the Policy and Resources Committee, be agreed.

 

62.

Oral Report of the Communities, Housing and Environment Committee held on 17 October 2017

Minutes:

It was noted that there was no report arising from the meeting of the Communities, Housing and Environment Committee held on 17 October 2017.

 

63.

Report of the Head of Legal Partnership - Appointment of Monitoring Officer pdf icon PDF 60 KB

Minutes:

It was moved by Councillor Mrs Wilson, seconded by Councillor Mrs Gooch, that the recommendations set out in the report of the Interim Deputy Head of Legal Partnership relating to the appointment of a Monitoring Officer for the Council be approved.

 

RESOLVED:

 

1.  That Patricia Narebor be appointed as the Monitoring Officer for the Council with effect from 4 September 2017.

 

2.  That it be noted that Patricia Narebor was appointed as the Head of Mid-Kent Legal Partnership on 1 September 2017.

 

3  That the Head of Legal Partnership be authorised to exercise the delegated functions and responsibilities relating to the Head of Legal Partnership as noted in the Council’s Constitution.

 

Members welcomed Ms Narebor to her first meeting of the Council.

 

64.

Membership of Committees

The Council is asked to approve the following changes to reflect the wishes of the Leader of the Conservative Group:

 

Communities, Housing and Environment Committee

 

Delete Councillor Perry as a Member of the Committee and add Councillor Garten

 

Add Councillor Perry as a Substitute Member of the Committee

 

Licensing Committee

 

Delete Councillor Perry as a Member of the Committee and add Councillor Cuming

 

Add Councillor Perry as a Substitute Member of the Committee

 

Planning Committee

 

Add Councillor Perry as a Substitute Member of the Committee

 

The Council is asked to approve the following change to reflect the wishes of the Leader of the UKIP Group:

 

Planning Committee

 

Delete Councillor Ells as a Substitute Member of the Committee

 

Minutes:

It was moved by the Mayor, seconded by Councillor Daley, and

 

RESOLVED:

 

1.  That the following changes be approved to reflect the wishes of the Leader of the Conservative Group:

 

Communities, Housing and Environment Committee

 

Delete Councillor Perry as a Member of the Committee and add Councillor Garten

 

Add Councillor Perry as a Substitute Member of the Committee

 

Licensing Committee

 

Delete Councillor Perry as a Member of the Committee and add Councillor Cuming

 

Add Councillor Perry as a Substitute Member of the Committee

 

Planning Committee

 

Add Councillor Perry as a Substitute Member of the Committee

 

2.  That the following change be approved to reflect the wishes of the Leader of the UKIP Group:

 

Planning Committee

 

Delete Councillor Ells as a Substitute Member of the Committee

 

65.

Duration of Meeting

Minutes:

6.30 p.m. to 8.00 p.m.