Agenda and minutes

RESOLVED that the Minutes of the meeting held on 6 October 2009 are correctly recorded and that they be signed by the Chairman.

The Committee noted that the site visit and public meeting in Sellindge concerning the Otterpool Quarry planning application would now be held in January 2010 (date to be finalised).  It was confirmed that training would be provided on Tuesday, 8 December 2009 and that the tour of permitted development sites would take place on Wednesday, 16 December 2009.

(1)       Mrs T Dean was present for this item pursuant to Committee Procedure Rule 2.24 and spoke.

(2)       During discussion of this item, the Committee agreed that the consequences of the Inspector’s decision should be brought to the attention of the relevant Cabinet Portfolio Holder and Policy Overview and Scrutiny Committee.            

(3)         RESOLVED that:-

(a)               the report be noted; and

(b)               the contents of the report be brought to the attention of the Cabinet Member for Environment, Highways and Waste and to the Environment, Highways and Waste Policy Overview and Scrutiny Committee.

(1)       The Head of Planning Applications Group informed the Committee that because the Noise Assessment had revealed the noise levels from neighbouring operations to be greater than those applied for, it would be unenforceable and unreasonable to attach a Noise condition to any permission.  As such, a condition would be contrary to the government advice set out in DOE Circular 11/95.  Accordingly, the Committee agreed to its deletion.

(2)       RESOLVED that permission be granted to the application subject to conditions covering amongst other matters the annual waste throughput; daily vehicle number restrictions; hours of operation, including no waste deliveries outside of the hours specified in paragraph 6 of the report and that all doors to the Materials Recycling Facility be kept closed at all other times; restrictions on external stockpile heights; lighting details; a landscaping scheme; details of habitat creation; dust control measures; details of signage; and the colour of the buildings.

(1)       Correspondence from Land and Mineral Management on behalf of the applicants dated 2 November 2009 was tabled.

(2)       Mr H Rayner from Wrotham Parish Council and Mr M Taylor from Borough Green Parish Council addressed the meeting in opposition to the application.

(3)       On being put to the vote, the recommendations of the Head of Planning Applications Group were carried by 13 votes to 3.

(4)       RESOLVED that permission be granted to the application subject to the detailed restoration and landscape planting scheme and aftercare, maintenance and management scheme for the application site being submitted by 3 June 2010; and all other conditions imposed on Permission TM/98/1843/MR100, as amended by Permission TM/07/3100, remaining in full force and effect.

(1)     The Head of Planning Applications Group informed the Committee of correspondence from Stone Parish Council, supporting the proposal and requesting a firm commitment to the application from KCC before any demolition or loss of existing local provision was commenced.  The Committee noted that this assurance had been given by the applicants on 15 September 2009.

(2)     RESOLVED that:-

(a)            permission be granted to the proposal subject to conditions including the standard time conditions for an outline permission; the submission of reserved matters relating to scale, design and landscaping; the development being carried out in accordance with the permitted layout and access arrangements; the height of the building not exceeding that set out in the proposal hereby permitted; details of proposed site levels being submitted for approval; the submission of a site investigation and verification plan into risks associated with contamination of the site; measures to be taken if contamination not previously identified on site is found; tree protection measures; details of all hard landscaping including fencing proposed on site; details of foul and surface water drainage; no surface water drainage being discharged into the ground unless otherwise approved in writing; details of pedestrian access arrangements on site; hours of operation during construction; the submission of a code of practice covering construction, including measures to mitigate for noise and dust generated by the development; measures to ensure no mud is deposited on the public highway; no external lighting being installed without prior approval; the provision of vehicle parking spaces prior to first occupation; the provision of cycle parking; and the use of the building being restricted solely for the use applied for; and

(b)            the applicants be advised by Informative that:-

(i)                 in accordance with the measures set out in the letter of 15 September 2009 from the Managing Director of Kent Adult Social Services to the Head of Planning Applications Group, the applicants are expected to make provision to underwrite the introduction of waiting restrictions in the surrounding area, should on-street parking as a result of the development become a problem within 5 years of final occupation; 

(ii)               they are encouraged to consider incorporating biodiversity enhancement measures within the detailed design of the site;

(iii)             their attention is drawn to the need for careful consideration of the proposed ground levels for the development in relation to the surrounding private properties; and  

(iv)              their attention is drawn to the need to ensure that the detailed design minimises the opportunities for overlooking to occur, and to the need for the landscape scheme to seek to maintain and enhance the existing provisions on site.

RESOLVED to note matters dealt with under delegated powers since the last meeting relating to:-

(a)               County matter applications;

(b)               consultations on applications submitted by District Councils or Government Departments;

(c)               County Council developments;

(d)               Screening opinions under Environmental Impact Assessment Regulations 1999 (None); and

(e)               Scoping opinions under Environmental Impact Assessment Regulations 1999 (None).