MAIDSTONE BOROUGH COUNCIL
PLANNING COMMITTEE
MINUTES OF THE MEETING HELD ON 19 MARCH 2007
PRESENT: Councillor Lusty (Chairman) and Councillors Butler, English, Greer, Harwood, Mrs Marshall, Moriarty, Nelson-Gracie, Paterson, Mrs Ring, Mrs Wilson and Yates
Also Present: Councillors Mrs Batt, Mrs Blackmore, Chell, Hooper and Pollington.
192. NOTIFICATION OF SUBSTITUTE MEMBERS
The following Substitute Members were noted:- Councillor Butler for Councillor Thick Councillor Yates for Councillor Ash
193. NOTIFICATION OF VISITING MEMBERS
Councillor Mrs Batt indicated her wish to speak on item 5 of Section A of the report of the Assistant Director of Regulatory and Environmental Services relating to application MA/07/0222S and also on the urgent report of the Assistant Director of Regulatory and Environmental Services relating to application MA/06/2014S.
Councillors Chell and Pollington indicated their wish to speak on item 1 of Section A of the report of the Assistant Director of Regulatory and Environmental Services relating to application MA/02/0180S.
It was noted that Councillor Mrs Blackmore had indicated her wish to speak on item 2 of Section A of the report of the Assistant Director of Regulatory and Environmental Services relating to application MA/06/1944S and Councillor Hooper had indicated his wish to speak on item 3 of Section A of the report of the Assistant Director of Regulatory and Environmental Services relating to application MA/06/2167S.
195. URGENT ITEMS
Update Report The Chairman stated that, in his opinion, the update report of the Assistant Director of Regulatory and Environmental Services should be dealt with as an urgent item because it contained further information relating to the applications to be considered at the meeting.
197. EXEMPT ITEMS RESOLVED:
That the exempt appendix to the report of the Assistant Director of Regulatory and Environmental Services relating to application MA/02/0180S (Land at Hayle Place, Postley Road, Tovil) be considered in public but the information contained therein should remain private. However, if Members wish to discuss the information contained in the exempt appendix, it should be taken in private.
200. REPORT OF THE ASSISTANT DIRECTOR OF REGULATORY AND
The Committee considered the report of the Assistant Director of Regulatory and Environmental Services on development control (including the urgent report relating to application MA/06/2014S to be numbered A(11)) and appeal decisions, together with the urgent update report, and took the decisions set out below:-
NOTE: The applications are Minuted in the order that they were discussed. The item numbers relate to Section A of the report of the Assistant Director of Regulatory and Environmental Services.
A(1) MA/02/0180S - An outline application for the erection of dwellings with garages and access and the use of the land as a country park with the provision of access and car parking. Matters of external appearance, means of access, siting, landscaping and design are reserved for future consideration - Land at Hayle Place, Postley Road, Tovil
All Members stated that they had been lobbied. The Committee considered the urgent update report of the Assistant Director of Regulatory and Environmental Services. Mr Smith of the Valley Conservation Society (against), Mrs Chew of Tovil Parish Council (against), Mr Savage (a petitioner in support of the application) and Councillors Chell and Pollington addressed the meeting.
RESOLVED:
(i) That subject to the prior completion of a Section 106 Agreement in such terms as the Head of Corporate Law and Legal Services may advise to secure:-
(1) The preparation of a master plan for the development of the site to be approved by the Council prior to the submission of any application for the approval of any of the reserved matters. The master plan should include and address inter alia:-
• Density levels that may be appropriate on different residential areas of the site but with the overall density of development being not less than thirty dwellings/ha within the area designated for residential development.
• The mix and range of proposed residential units; to allow particular provision for family housing.
• The relationship of the proposed development with the country park/nature reserve, listed building and existing urban areas adjoining the site to include the provision of an appropriate landscaped buffer between the site and Gleneagles Drive and appropriate structural landscaping within the site.
• The means of access, including emergency access provision, to serve the development.
• The relationship of proposed development to the trees to be retained within and adjoining the residential part of the site.
• The details of the townscape and urban design approach adopted (including open areas/spaces) within the development site, taking into account the topography of the site and its elevated position compared to the surrounding area.
• The phasing of the development.
• A detailed Habitat and Biodiversity Action Plan - Species Survey of the site, with the specific aim of identifying any Biodiversity Action Plan (BAP) species present on site. The results of this, along with the existing tree survey, should then be utilised to inform the required country park management plan and the design of the housing layout in order to maximise the ecological enhancement of the proposals. The retention of veteran trees and deadwood habitats should comprise a key element of the management plan.
• The requirement that the skyline should be respected.
(2) A contribution towards primary health care provision to meet the needs generated by the development.
(3) The provision of not less than 40% of the residential units as affordable housing.
(4) The payment of an appropriate sum towards the improvement and refurbishment of South Park to the level equivalent to the provision of a NEAP within the site, together with the provision of open space and play equipment within the residential development area as may be identified in the master plan to meet the needs arising from the development.
(5) Measures to ensure that:-
a. The developer agrees to transfer the freehold of the approximately 12 hectare country park area to a Trust.
b. The developer agrees to fund the development of the management plan for the country park area as required under condition 9 below.
c. The developer agrees to fund any initial physical works associated with the implementation of the management plan.
d. The developer agrees to provide a management fund to a value to be defined suitable to provide monies for the management of the park for the first ten years of its establishment.
e. The developer agrees to fund:-
• A monitoring programme that tests the success of the management plan after three and five years;
• A review of the management plan for the 5-10 year period; and
• Any physical works necessary to achieve the original management plan objectives within ten years.
f. The developer agrees to transfer the structural boundary landscape
treatments around the housing area to the Borough Council or a Trust to guarantee long-term protection.
the Principal Planning Officer be given delegated powers to grant outline planning permission subject to the conditions and informatives set out in the report, as amended by the urgent update report, with the amendment of conditions 9 and 12 and an additional informative as follows:-
Condition 9 (amended)
No development shall commence until a management plan for the country park area, which shall be designed with a strong emphasis on retaining, enhancing and promoting biodiversity and the open parkland setting of Hayle Place and the Loose Valley Conservation Area, has been submitted to and approved by the Local Planning Authority. This plan shall include:-
• Areas of existing significant ecological value that are to be preserved.
• Key areas designated for enhancement and plans for that enhancement.
• Provision of public access with links to the existing footpath network and
methods for control of access to sensitive areas.
• The provision of no public toilet or picnic areas or formal play areas.
• Long-term management aims for all areas of the site and specification of the
management regime.
• Identification of controlled access areas to protect biodiversity and mitigate
against disturbance and damage. Reason: The prime objective of the plan will be
ecological enhancement whilst making suitable provision for public access in accordance
with policies ENV39, ENV40 and Strategic Objective 2 of the Maidstone Borough-Wide
Local Plan 2000.
Condition 12 (amended)
The details of the dwellings submitted pursuant to condition 1 above shall show that they will be constructed to the BREEAM Eco Homes standard to achieve at least a VERY GOOD rating. Dwellings shall be constructed using the principles of sustainable urban drainage and shall utilise gullies that are of a design such that they pose no danger to wildlife.
Reason: To ensure a sustainable and energy efficient form of development in accordance with The Kent Design Guide and Planning Policy Statement 1 and to ensure that wildlife is not harmed in accordance with Maidstone Borough-Wide Local Plan Policy ENV40.
Informative (additional)
The aim is to secure the designation of the country park area as a local nature reserve in due course.
(ii) That the terms of the Section 106 Agreement and the master plan for the development of the site must be reported back to the Planning Committee for approval.
Voting: 12 - For 0 - Against 0 – Abstentions
NOTE: (1) Members wished to emphasise that in making this decision, they were seeking to avoid the loss of the whole site to development in the future.
NOTE: (2) Councillor English left the meeting at 8pm following consideration of this item.
(end)