Agenda and minutes

RESOLVED that the Minutes of the meeting held on 16 March 2010 are correctly recorded and that they be signed by the Chairman.

The Committee noted that the site visit to Straw Mill Lane, Tovil would be held that afternoon following the meeting and that there would be no site visit or training session following the May Committee meeting.

TM/09/3231: Surrey, East Sussex, West Sussex, Brighton and Hove, all London Boroughs, Thurrock, Essex and Southend;

TM/09/3232: Surrey;

TM/09/3233: Surrey, East Sussex, West Sussex and Brighton and Hove;

TM/09/3234: Surrey, East Sussex, West Sussex, LB Bromley, LB Bexley, Thurrock and Essex;

TM/09/3235:  Surrey, East Sussex, West Sussex, Brighton and Hove, LB Bromley, LB Bexley and Thurrock; and

TM/09/3236:  Surrey, East Sussex, LB Bromley, LB Bexley and Thurrock.

(1)       On being put to the vote, the recommendations of the Head of Planning Applications Group were carried by 11 votes to 2 with 1 abstention.

(2)     RESOLVED that:-

(a)     permission be granted to Applications TM/09/3232 (to allow waste to be sourced from Kent, Medway and Surrey) and TM/09/3233 (to allow waste to be sourced from Kent, Medway, Surrey, East Sussex, West Sussex and Brighton and Hove) subject to the prior completion of a modified Section 106 Agreement (Unilateral Undertaking) repeating the existing obligations contained in the latest legal agreement relating to a liaison group, HGV routing and restoration; and to the conditions imposed on Permission TM/08/3353 (dated 25 August 2009) as amended by Permission TM/09/2661 (dated 11 January 2010) being repeated;

(b)     permission be partially granted to Application TM/09/3231 ( to allow waste to be sourced from Kent, Medway, Surrey, East Sussex, West Sussex, Brighton & Hove, all London Boroughs, Thurrock, Essex and Southend) subject to the prior completion of a modified Section 106 Agreement (Unilateral Undertaking) repeating the existing obligations contained in the latest legal agreement relating to a liaison group, HGV routing and restoration and:-

(i)                 the waste catchment area being limited to:-

      - Kent, Medway, Surrey, East Sussex, West Sussex,     Brighton & Hove for the life of the facility;

      -   LB Bromley and LB Bexley for a temporary period until 31 December 2015; and

      -  Essex for a temporary period until 31 March 2014 and additionally limited to no more than 10,000tpa; and

(ii)                          the other conditions imposed on Permission TM/08/3353 (dated 25 August 2009) as amended by Permission TM/09/2661 (dated 11 January 2010) being repeated; and

 (c)    permission be refused in respect of Applications TM/09/3234 (to allow waste to be sourced from Kent, Medway, Surrey, East Sussex, West Sussex, LB Bromley, LB Bexley, Thurrock and Essex), TM/09/3235 (to allow waste to be sourced from Kent, Medway, Surrey, East Sussex, West Sussex, Brighton and Hove, LB Bromley, LB Bexley and Thurrock) and TM/09/3236 (to allow waste to be sourced from Kent, Medway, Surrey, East Sussex, LB Bromley, LB Bexley and Thurrock) because the importation of waste from outside the South East region would be contrary to South East Plan Policies W3 and W4 as it would fail one or more of the “tests” set out in these policies and in the Plan’s supporting text and could also prejudice the ability of the South East region to meet the targets for diversion from landfill and recycling and composting set out in Policies W5 and W6 of the Plan or discourage the provision of new facilities in London and the East of England. There are no material planning considerations of sufficient strength to overcome these grounds for refusal.

(1)       The Head of Planning Applications Group reported the comments of the local Member, Mr J A Davies raising no objection to the application.

(2)       Mr G A Horne moved, seconded by Mr C P Smith that consideration of this Application be deferred pending consultation with Tonbridge and Malling Borough Council (particularly with regard to access to the site).

                                                Carried by 8 votes to 4

(3)       RESOLVED that consideration of this Application be deferred pending consultation with Tonbridge and Malling Borough Council (particularly with regard to access to the site).

(1)       The Head of Planning Applications Group reported the response from Ashford Borough Council raising no objection to the Proposal subject to various conditions.

(2)               RESOLVED that:-

(a)                         permission be granted to the Proposal subject to conditions, including conditions covering the standard time limit: the development being carried out in accordance with the permitted details; details of all materials, finishes, signage and lighting; submission for approval of details, implementation and subsequent maintenance of landscaping proposals; no works commencing until a construction method is submitted and approved, with the construction thereafter being carried out in accordance with the approved method statement; no works commencing (other than site clearance) until structural and earthworks technical approvals and approvals for all relevant departures from the standards within the Design Manual for Roads and Bridges have been given; no works commencing (other than site clearance) until a method statement for maintenance of the works has been submitted and approved; no works commencing (other than site clearance) until the applicant has demonstrated that safe and satisfactory access can be provided for the purposes of maintaining the development in accordance with the method statement for maintenance of the works; submission for approval of a method for piling foundations; submission for approval of a scheme for compensatory flood storage; drainage; ground contamination; a water vole survey, protection and mitigation plan; other outstanding protected species surveys, mitigation, monitoring and management, as appropriate; biodiversity enhancement, monitoring and management, as appropriate; submission for approval of specifications and implementation of a programme of archaeological work; measures being implemented to control dust and to prevent mud and debris being taken onto the public highway; details of the site compound and temporary accommodation for contractors; and details of parking for contractors’ vehicles; and

(b)            the applicant be advised by Informative that account should be taken of the Environment Agency’s advice relating to the diversion of Bockhanger Dyke; and of the need for licences in respect of protected species and fish, and fuel, oil and chemical storage.

RESOLVED that permission be granted to the proposal subject to Conditions including conditions requiring ecological inspection prior to removal of any trees at the site; installation of tree protection measures prior to works commencing for those trees that are to be retained at the site; and replacement planting and maintenance being carried out.

RESOLVED that permission be granted to the proposal subject to

conditions, including conditions covering the standard time limit; the development being carried out in accordance with the permitted details; materials being fitted to the gates’ hinges, leading edges, locking and closing to reduce the noise of the gates opening and closing; and the gates being painted in a green colour to be agreed

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 and Government Departments;

(c)               County Council developments;

(d)               Screening opinions under Environmental Impact Assessment Regulations 1999; and

(e)               Scoping opinions under Environmental Impact Assessment Regulations 1999.