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  • Agenda item
  • Agenda item

    Application SW/16/507594 (KCC/SW/0277/2016) - Phased extraction of brickearth, advance planting, access improvements, restoration and replanting back to agricultural use at Paradise Farm, Lower Hartlip Road, Hartlip; Wienerberger Ltd

    Minutes:

    (1)       Mr M Baldock and Mr L Burgess both informed the Committee that they were acquainted with some of the local residents who had corresponded in respect of the application.  None of these acquaintanceships constituted a close personal relationship and they were both able to approach the determination of the application with a fresh mind.

     

    (2)       Mr S Bennett and Mrs J Taylor from Amey, the County Council’s Noise and Air Quality were in attendance for this item.

     

    (3)       Correspondence from Newington PC and Mr John Wright had been circulated to the Committee prior to the meeting.  Mr Wright had also provided photographs of the application site and its environs. These were displayed in the Council Chamber and a video of the horses from his stable was shown to the Committee as part of the introductory presentation by the Head of Planning Applications Group.

     

    (4)       Mr Richard Palmer (Newington PC), Mr Graham Addicott (Hartlip PC) and Mr John Wright addressed the Committee in opposition to the application. Mr David Bridgwood (Wardell Armstrong LLP) spoke in reply on behalf of the applicants. 

     

    (5)       Mr M Baldock moved, seconded by Mr L Burgess that consideration of this application be deferred pending the outcome of the judicial review of the Secretary of State’s decision to refuse the application for housing and related development at Pond Farm in Newington.

     

    (6)     One third of the voting Members present required that the way all Members cast their votes would be recorded.

     

    (7)       The Chairman thereupon put the motion set out in (5) above to the vote.

     

    FOR:   Mr M Baldock, Mr H Birkby, Mr L Burgess, Mrs E D Rowbotham and Mr T L Shonk.

     

    AGAINST:  Mr M J Angell, Mr D L Brazier, Mrs P Brivio, Mr N J D Chard, Mr I S Chittenden, Mr J A Davies,  Mr T A Maddison, Mr S C Manion, Mr R J Parry, Mr C Simkins, Mr C P Smith, Mrs P A V Stockell and Mr J N Wedgbury.

                           

    Lost 5 votes to 13

     

    (8)       Mr T A Maddison moved, seconded by Mr C P Smith that the recommendations of the Head of Planning Applications Group be agreed subject to the complaints procedure being for approval by KCC; HGV movements on Saturdays being limited to 50; and the workmen’s facilities being removed at the end of each working phase; that the applicants be encouraged by Informative to engage with the owners of Paradise Farm and other adjoining residents and landowners about the impacts associated with the development and to explore the potential for alternative grazing facilities as appropriate; and for KCC Highways and Transportation to be asked to explore the potential for further improvements to the mitigation of the pinch point in Newington.

     

     

    (9)     One third of the voting Members present required that the way all Members cast their votes would be recorded.

     

    (10)     The Chairman thereupon put the motion set out in (8) above to the vote.

     

    FOR:  Mr M J Angell, Mr D L Brazier, Mrs P Brivio, Mr N J D Chard, Mr I S Chittenden, Mr J A Davies,  Mr T A Maddison, Mr S C Manion, Mr R J Parry, Mr C Simkins, Mr C P Smith, Mrs P A V Stockell and Mr J N Wedgbury.  .

     

    AGAINST:  Mr M Baldock, Mr H Birkby, Mr L Burgess, Mrs E D Rowbotham and Mr T L Shonk

                           

    Motion carried 13 votes to 5

     

    (11)     RESOLVED that:-

     

    (a)          permission be granted to the application subject to conditions including conditions covering the cessation of brickearthextractionand the completion of the restorationwithin18 yearsof thecommencementof extraction; working,restorationand aftercare being undertakenas proposed;  soil   stripping,   movement   and   storage,   brickearth   extraction   and transportationand soil replacementtakingplaceforno more than16 weeksinany yearbetween1 Apriland 30September(with brickearth extractionand transportationtakingplaceforno more than 12 weeks duringthatperiod); thedevelopmentbeingimplementedas amendedinFebruary2017 (i.e. with no  operations  outside  the  operational  boundaries  proposed  at  that stage); workingonlytakingplacebetween0700 and1800 hourson Mondaysto Fridaysand between 0800 and 1300 hours on Saturdayswith no working on Sundays, and Bank/Public Holidays andno operations,construction, servicingor maintenanceoutside of thesehoursexceptinemergencies;  measuresto  prevent  mudor debrisbeingdepositedon thehighway (includingtheprovisionof theproposedwheelwashfacilityand itsuse when  necessary,thecleaningof theaccess roadand the covering/ sheetingof HGV loads); thenoiselimitsproposedby KCC’sNoiseConsultant not being exceeded; thenoisebunds being constructed in theproposedlocations; thedust mitigationand livedust managementplanproposedby KCC’s Dustand AirQuality Consultant being implemented; Thegrassseedingof soil storage mounds /bunds; non-tonalreversingalarmsbeingused byalloperationalvehicles,plant and machineryassociatedwithdevelopmentat thesite; the implementation of a codeof practiceforHGVs;  the establishment of a complaintsprocedure for approval by KCC; theaccess onto the A2 being the only access used for development traffic; HGV movements being limited to 100 (50 in / 50 out) each day on Mondays to Fridays and to 50 (25 in / 25 out) on Saturdays ; the implementation of a traffic management plan (to include parking facilities and measures to assist in minimising the impact of HGVs when the A2 is congested); all HGVs involved in the transportation of brickearth entering from and leaving the site to the east; the provision of a detailed surface water management scheme;  measures to address any unexpected contamination that may be found at the site;  ecological surveys and mitigation; the implementation of an Ecological Management Plan;  a programme of archaeological work; measures to safeguard public rights of way and their users; compliance with the Soils Handling Strategy; at least 1.2m of topsoil and subsoil being used in the final restoration profile; and the workmen’s facilities being removed at the end of each working phase;

     

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

     

    (i)                 theyare encouraged to establisha localliaisongroupinvolving representatives fromKentCountyCouncil,Newington Parish Council, HartlipParishCouncil and those residentsor landownersimmediately adjacentto thesite;

     

    (ii)               they are encouragedtoengagewiththeownersof Paradise Farmand otheradjoiningresidents and landownersabout the impacts associatedwith thedevelopment and to explore the potential for alternative grazing facilities as appropriate; and  

     

    (iii)             they are   asked   to   explore with KCC the   potential   for   the   early reinstatement of hedgerows to be monitored as part of the annual site monitoring visits; and

     

    (c)    KCC Highways and Transportation be requested to explore the potential for further improvements to the mitigation of the pinch point in Newington.

     


    Supporting documents: