Agenda and draft minutes

Planning Applications Committee - Wednesday, 12th January, 2022 10.00 am

Venue: Council Chamber, Sessions House, County Hall, Maidstone. View directions

Contact: Andrew Tait  03000 416749

Media

Items
No. Item

1.

Membership

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Minutes:

The Committee noted the appointment of Mr H Rayner.

2.

Minutes - 10 November 2021 pdf icon PDF 125 KB

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Minutes:

RESOLVED that the Minutes of the meeting held on 10 November 2021 are correctly recorded and that they be signed by the Chairman.

3.

General Matters

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Minutes:

The Head of Planning Applications Group informed the Committee that following the referral of the Sevenoaks Grammar Annexe/Trinity School planning application (SE/21/891) on green belt grounds, the Secretary of State for Levelling Up, Housing and Communities had decided not to call in the application for his determination.  As a consequence, the planning permission had been issued as agreed by the Committee in November 2021.    

4.

Application TM/21/42 (KCC/TM/0289/2020)- Section 73 application to vary conditions 9 & 10 of Annex A2 of Permission TM/10/2029 (as amended by Permission TM/17/131) to amend the number and timing of HGV movements associated with ongoing operations at Hermitage Quarry, Hermitage Lane, Aylesford: Gallagher Aggregates Ltd pdf icon PDF 877 KB

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Minutes:

(1)       The Head of Planning Applications Group advised that since the report was drafted, Tonbridge and Malling Borough Council (TMBC) had decided to amend the timetable in its Local Development Scheme, which would delay the review of its Local Plan by a few months.  This would enable it to put the necessary staffing resources in place and to have regard to emerging planning reforms which could lead to reduced housing provision in the new Local Plan.  It had also enabled extra time for its current call for sites exercise (8 weeks rather than 4).  However, whilst this could have implications for the relevance of the development strategy (e.g. strategic housing sites), she advised that it had no bearing on the recommendation nor the case put forward which had arrived at it.  The Head of Planning Applications Group advised that the officer report made it clear that no weight was given to the draft TMBC Local Plan and that all of the housing referred to in paragraph 15 of the report in Tonbridge and Malling as being in the draft Local Plan was either subject to planning permission (including that which provided the new road link to the A20 roundabout), to resolution to permit subject to a Section 106 Agreement or had been refused.  The Head of Planning Applications Group advised that it followed that if housing numbers were reduced in the new TMBC Local Plan, there might be less pressure in terms of vehicle movements on Hermitage Lane than had been assumed in the application since it assumed a worst case in terms of vehicle movements with all of the sites in the withdrawn draft TMBC Local Plan coming forward.

 

(2)       The Head of Planning Applications Group asked the Committee to amend the wording of the first sentence of paragraph 81 of the report to read: “KCC Highways and Transportation has advised that a £50,000 contribution towards a new (but currently not fully funded) footway / cycleway on Hermitage Lane is necessary in order for the proposed 100 HGV movements in each of the one hour periods between 06:30 and 09:30 hours to be acceptable.”

 

(3)       Mr H Rayner informed the Committee that the Local Member, Mr A Kennedy had written to him to say that he had no objection to the proposal.

 

(4)       On being put to the vote, the recommendations of the Head of Planning Applications Group were unanimously agreed.

 

(5)       RESOLVED that permission be granted for the proposed development subject to the prior satisfactory completion of a legal agreement to secure the Heads of Terms set out in Appendix 1 of the report and to Conditions and Informatives as set out below:-

 

(a)       Conditions 9, 10 and 11 of Annex A2 of planning permission TM/10/2029 (as amended by planning permission TM/17/131) being worded as follows:

 

(9)      Within any single calendar month the average number of HGVs entering or leaving the site on weekdays (excluding Bank / Public Holidays) shall not exceed a combined total of 800  ...  view the full minutes text for item 4.

5.

Proposal 21/504168/COUNTY (KCC/SW/0150/2021) - Erection of a two storey new stand alone teaching block and sports hall, with a single storey kitchen extension and remodelling works to areas of the existing school buildings to facilitate school expansion from 4FE to 5FE at Borden Grammar School, Avenue of Remembrance, Sittingbourne: KCC Strategic and Corporate Services pdf icon PDF 981 KB

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Minutes:

(1)       The Head of Planning Applications Group read comments sent to her by the Local Member, Mr J Wright in opposition to the proposal. 

 

(2)       Major Karl Ryalls, JP addressed the Committee in opposition to the proposal.  Mr Nathan Anthony from Lee Evans LLP joined the meeting virtually and spoke in reply. 

 

(3)       During discussion of this item, the Committee asked the Chairman to write on its behalf to the Director of Children, Young People and Education to recommend that she explore the potential for the installation of photovoltaic panels on site and to seek reassurance that the BREAM and sustainability features incorporated into the scheme would be delivered. 

 

(4)       On being put to the vote, the recommendations of the Head of Planning Applications and the additional action set out in (3) above were agreed by 10 votes to 2.

 

(5)       RESOLVED that:-

 

(a)          permission be granted to the proposal subject to conditions, including conditions covering the standard 3 year time limit; the development being carried out in accordance with the permitted details; the submission and approval of details of all construction materials to be used externally prior to the commencement of development; the removal of the section of paving which juts into the 3m sports pitch run- off area and its replacement with grass prior to the occupation of the new building; the installation of tree protection fencing prior to the commencement of development; the submission for approval by the County Planning Authority within 6 months of the granting of this permission of details of the “Remembrance Imagery” which is to be positioned on or adjacent to the new school building and installed prior to the occupation of the new building; no development commencing until a programme of archaeological work is submitted and agreed in writing by the County Planning Authority; the development being carried out in accordance with the Construction Management Plan Revision 05, dated 20/12/2021. works only being carried out on site between the hours of 0800 and 1800 on Mondays to Fridays, 0900 to 1300 on Saturdays with no operations on Sundays or public holidays; the permanent retention of all existing vehicle parking on site; details of covered cycle stands being submitted for approval prior to their installation on site, and being permanently retained thereafter; the submission of a revised School Travel Plan prior to occupation of the new building; the submission of a detailed sustainable surface water drainage scheme prior to the commencement of development; the submission of a verification report covering the sustainable surface water drainage scheme for approval by the County Planning Authority in consultation with the Lead Local Flood Authority prior to occupation of the development; no infiltration of surface water drainage into the ground taking place other than with the written approval of the County Planning Authority and only being used in those areas where there would be no unacceptable risk to controlled waters or ground stability; no further development taking place if during development contamination not previously identified is  ...  view the full minutes text for item 5.

6.

Matters dealt with under delegated powers pdf icon PDF 147 KB

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Minutes:

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

 

(a)          County matter applications;

 

(b)        County Council developments;

 

(c)          Screening opinions under the Town and Country Planning (Environmental Impact Assessments) Regulations 2017; and  

 

(d)          Scoping opinions under the Town and Country Planning (Environmental Impact Assessments) Regulations 2017 (None).

7.

KCC Responses to consultations pdf icon PDF 204 KB

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Minutes:

RESOLVED to note Kent County Council’s responses to the following consultations:-

 

(a)          Swale Borough Local Plan – October 2021 – Issues and Options – Regulation 3; and

 

(b)          Folkestone and Hythe District Council Local Plan Main Modifications.

8.

Urgent Decision taken under delegated powers

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Minutes:

(1)    The Head of Planning Applications Group reported her Urgent decision to not pursue enforcement action for the temporary development of a place of rest on the former County Workshop site at Aylesford.  This decision had been taken under section 10.15 of the Constitution which empowered KCC Officers to take action on urgent matters where there was no time to consult with the Committee or for the Committee to exercise its function.

 

(2)         The Head of Planning Applications Group went on to say that, under the circumstances described, the Constitution required Officers to consult with the Chair of the Committee as well as Local Members if time permitted. 

 

(3)       A Non-Executive Officer Record of Decision had been completed by the relevant Officer setting out the decision taken and the reasons for it.  This included a summary of the key points raised by those Members consulted.

 

(4)       The Head of Planning Applications Group then set out her decision as follows:-

 

For a temporary place of rest in response to the COVID-19 pandemic at the  former County Workshops Site, Aylesford to agree that the County Council as Planning Authority exercises its discretion not to pursue enforcement action and concludes that it is not expedient to take enforcement action for the temporary development of a place of rest on the former County Workshop site Aylesford, subject to the following conditions:

 

(1)          On or before 31st December 2022

 

(i)           Any use of the land for the purpose of a temporary place of rest shall cease and any associated buildings, plant, machinery, structures and erections on site erected for this purpose shall be removed; and

 

(ii)  the land shall be restored to its condition before the development took place.

 

(2)          The operator to ensure compliance with relevant legislation relating to the facility.

 

(3)          The Head of Planning Applications Group then set out the reasons for her decision. It related to a request by the Director of Infrastructure for

the temporary development of a marquee structure, a ‘Nutwell’ temporary unit and security fencing on the site of the former County Workshops Site in Aylesford to provide a temporary place of rest to respond to the covid-19 pandemic. Under the circumstances, a decision was sought as to whether the County Council as planning authority would exercise its discretion not to pursue enforcement action and conclude that it is not expedient to take enforcement action for the temporary development.

 

(4)       In concluding that it was not expedient to take enforcement action, the Head of Planning Applications Group had regard to the following factors:-

 

(a)          The discretionary function of planning enforcement.  Such action should only be taken when it was expedient to do so, having regard to all material considerations. Local planning authorities should act proportionately in responding to suspected breaches of planning control;

 

(b)          The Written Ministerial Statement of Robert Jenrick, dated 13 March 2020, which emphasised the discretionary nature of enforcement action, particularly in light of the issues raised by the coronavirus pandemic;

 

(c)  ...  view the full minutes text for item 8.