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  • Agenda item
  • Agenda item

    Applications TM/18/2549 and TM/18/2555 (KCC/TM/041/2018 and KCC/TM/0492/2018) - Variation of Conditions on Permissions TM/93/612 and TM/97/751/MR102 to provide a revised restoration and aftercare scheme at Aylesford Quarry, Rochester Road, Aylesford; Aylesford Heritage Ltd

    Minutes:

    (1)       The Head of Planning Applications Group tabled a letter dated 5 March 2019 from the Solicitor Advocate from Tonbridge and Malling BC together with the Officer Delegated Report of 24 October 2018 which accompanied it.  This letter set out the Borough Council’s view that the Environmental Statement which accompanied the Applications contained fundamental flaws and failed to deal with matters required by law.  It also claimed that, in consequence, a number of conclusions set out in the Head of Planning Applications Group’s report were Wednesbury unreasonable and that any decision issued by the County Council under these circumstances would be susceptible to judicial review. 

     

    (2)       The Head of Planning Applications Group also tabled paragraph 18 Schedule 4 of The Town and Country Planning (Environmental Impact Assessment) Regulations 2017.  These documents were accompanied by legal advice from Invicta Law to the Head of Planning Applications Group (dated 6 March 2019) which advised that the County Council would not be acting irrationally or unreasonably in determining the applications as proposed.  

     

    (3)       The Head of Planning Applications Group reported an objection to the applications which had been received from Mr P J Homewood (Local Member) after the Committee papers had been published.  

     

    (4)       The Head of Planning Applications Group asked the Committee to amend the recommendation set out in paragraph 174 (i) through the inclusion of an additional revised dust mitigation requirements condition.

     

    (5)       Following the Head of Planning Applications Group’s introduction, the Chairman adjourned the meeting to allow the Members of the Committee to read all the new documentation provided.

     

    (6)       Mr H Rayner moved, seconded by Ida Linfield that consideration of this matter be deferred.   

     

    (7)       Following advice from the Head of Planning Applications Group, Ida Linfield withdrew her support for the motion which therefore fell. 

     

    (8)       The Head of Planning Applications Group advised the Committee that in determining the applications, it needed to be satisfied that the Environmental Statement met the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

     

    (9)       Mr A Booth moved, seconded by Mr R A Pascoe that the recommendations of the Head of Planning Applications Group be agreed as amended in (4) above.

                Carried 10 votes to 0 with 2 abstentions.

     

    (10)     RESOLVED that: -

     

    (a)         permission be granted to Application TM/18/2549 for the variation of conditions 20, 28 and 32 of Permission TM/93/612 to provide a revised restoration and aftercare scheme and consistent noise limits for temporary operations such as restoration with those provided for by Permission TM/97/751/MR102 for that part of Aylesford Quarry to the East of Bull Lane subject to conditions, including those conditions covering   the existing conditions on Permission TM/93/612 continuing to apply to the West Lake area (subject to minor alterations to reflect any approvals given pursuant to that permission);  the existing conditions on planning permission TM/93/612 continuing to apply to the East Lake area (subject to minor alterations to reflect any approvals given pursuant to that Permission and except where amended by this Application and therefore to be replaced / supplemented);  a new condition to address potential land contamination;  Natural England’s suggestions in respect of the long term management of the SSSI being incorporated into the aftercare / long term management;  the written scheme of investigation (WSI) set out in the applicant’s Archaeological Report being implemented as proposed;  the provision of a detailed ecological mitigation strategy and a site wide management plan;  the provision of an updated landscaping scheme and detailed aftercare programme within 6 months of approval / permission; the implementation of the proposed tree protection measures;  the implementation of the proposed phasing;  the provision of suitable fencing and signage;  and revised dust mitigation requirements; and

     

    (b)         permission be granted to Application TM/18/2555  for the variation of Conditions 36 and 39 and deletion of Condition 44 of Permission TM/97/751/MR102 to provide a revised restoration and aftercare scheme for that part of Aylesford Quarry to the East of Bull Lane subject to conditions, including those conditions covering the existing conditions on planning permission TM/97/751/MR102 continuing to apply to the West Lake area (subject to minor alterations to reflect any approvals given pursuant to that planning permission);  the existing conditions on Permission TM/97/751/MR102 continuing to apply to the East Lake area (subject to minor alterations to reflect any approvals given pursuant to that planning permission and except where amended by this Application and therefore to be replaced or, in the case of condition 44, deleted);  a new condition to address potential land contamination;  Natural England’s suggestions in respect of the long term management of the SSSI being incorporated into the aftercare / long term management;  the written scheme of investigation (WSI) set out in the applicant’s Archaeological Report being implemented as proposed;  the provision of a detailed ecological mitigation strategy and a site wide management plan;  the provision of an updated landscaping scheme and detailed aftercare programme within 6 months of approval / permission and implementation of the proposed tree protection measures;  the implementation of the proposed phasing;  and the provision of suitable fencing and signage; and

     

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

     

    (i)           they are encouraged to allow Natural England to access the SSSI; and

     

    (ii)       they are encouraged to participate in discussions with the Environment Agency and others to explore opportunities to:-

     

    -       reduce flood risk in the centre of Aylesford through the creation of a high-level overflow channel on the land between Anchor Farm and Aylesford Quarry; and

     

    -       introduce meandering and other natural flood management measures upstream of the site.

     

    Supporting documents: