Agenda item

To endorse, or make recommendations to the Cabinet Member for Planning, Highways, Transport & Waste on the proposal for the  Director of Highways to progress feasibility work on B2163 Leeds & Langley Relief Road utilising section 106 developer contributions.

Tim Read (Deputy Director for Highways, Transport and Waste) was in attendance for this item.

1.     Barbara Cooper (Director for Growth, Environment and Transport) made sure all Members had received the letter from Maidstone Borough Council prior to the meeting and said that she would responded to various parts in the letter during the discussion.

2.     Tim Read (Deputy Director for Highways, Transport and Waste) introduced the report that provided an overview to the proposed Leeds and Langley Relief Road. It identified a programme for taking forward the preparatory work and proposed the use of section 106 developer contributions to progress traffic survey and modelling work in order to develop a draft business case to support future funding opportunities.

3.    In response to questions the officer provided further information.

4.    In regards to the Local Planners Report, the recommendations were not binding on the Highways Authority, they were there as guidance.

5.    In response to points raised within the Letter from Maidstone Brought Council, Mr Read said that Kent County Council gained independent legal advice from the Queens Counsel in 2016 regarding the use of monies from the 106 agreement. This guidance was presented to the inspector during the inquiry and was in common circulation. The money that was used was from three unilateral undertakings that affectively put no contractual or statutory obligation on Kent County Council as the Highways Planning Authority providing that the money was used in accordance with Kent County Councils public law and duties.

6.    In response to Members suggestion that the recommendation be re-worded, Mrs Cooper clarified that the Members advice to the Cabinet Member for Planning Highways Transport and Waste could be revised to read as follows:

“The Cabinet Committee is asked to endorse, or make recommendations to the Cabinet Member for Planning, Highways, Transport and Waste on the proposal for the Director of Highways to progress feasibility work on the B2163 Leeds and Langley Relief Road, as soon as possible and that the Corporate Director for Growth, Environment and Transport should make arrangements with the Chief executive of Maidstone Borough Council for the appropriate funding for this work.”

7.    Mrs Cooper said that she was happy to talk to the Chief Executive of Maidstone Borough Council to look at how Maidstone’s funding could be used to reduce the expenditure of unilateral monies.

8.    The Chairman clarified that Mr Bird had proposed and Mr Lewis had seconded that the recommendation within the report be amended.

Upon being put to the vote, this was lost (3 votes for, 13 votes against)

Mr R H Bird, Mr B H Lewis and Mr A Hook asked that their

votes against be minuted.

9.     The recommendation in the report was then put to the vote.

Carried (13 votes for, 3 votes against)

Mr R H Bird, Mr B H Lewis and Mr A Hook asked that their

votes against be minuted.

10.  RESOLVED that the decision proposed to be taken by the Cabinet Member for Planning, Highways Transport and waste, that the Director of Highways progress feasibility work on the B2163 Leeds and Langley Relief Road, utilising section 106 developer contributions, be endorsed.