Meeting documents

Planning and Transportation Advisory Board
Monday, 27th February, 2006 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
PE 06/001 Declarations of interest.
There were no declarations of interest made.
PE 06/002 Minutes
RESOLVED: That the notes of the meeting of the Planning and Transportation Advisory Board held on 24 October 2005 be approved as a correct record and signed by the Chairman.
MATTERS FOR RECOMMENDATION TO THE CABINET
PE 06/003 Parking Action Plan - Annual Review
 
Decision Notice D060052MEM

The joint report of the Director of Planning and Transportation and the Cabinet Member for Planning and Transportation reviewed progress made on the Borough Council's Parking Action Plan, indicating that whilst a number of significant locations remained to be tackled under the banner of local parking plans, good progress on the broad schedule of sites in the general plan had been made. The back-log of schemes had been dealt with and the phased programme was nearing completion, the programme having been adjusted to match staff resources with the remaining commitments.

RECOMMENDED: That the revised Parking Action Plan set out at the Annexes to the report be endorsed.
PE 06/004 KCC Small Improvement Programme 2005/06 - Partnership Arrangements
 
Decision Notice D060053MEM

The report of the Director of Planning and Transportation described how the Borough Council could ensure that schemes with high local priority and proven need would be secured in the County Council's final schedule of traffic and highway improvement schemes for implementation during 2006/07. The Director of Planning and Transportation corrected a typographical error in paragraph 1.4.2 of the report to make clear the Council's determination to secure all the planned improvements at West Malling Station.

RECOMMENDED: That the joint funding arrangements with the County Council for the 2006/07 programme of traffic and highway improvement schemes, as described in the report and Annex 3 thereto, be endorsed.
PE 06/005 Guidance Policies for Assessing Representations on Penalty Charge Notices
The report of the Director of Planning and Transportation invited the Board to endorse Guidance Policy produced by the Kent Parking Group for assessing cancellations of Penalty Charge notices.

RECOMMENDED: That authority be delegated to the Director of Planning and Transportation to agree any minor changes that might be made in the Kent Parking Group Guidance Policy Document annexed to the report and that it be endorsed for the purposes of operational parking management.

*Referred to Cabinet
PE 06/006 Post Implementation Review - Martin Hardie Way Shopping Parade Enhancement
The report of the Director of Planning and Transportation presented a capital scheme post implementation review of the Martin Hardie Way Shopping Parade Enhancement in accordance with the capital strategy. It also detailed the changes in the scheme and circumstances that influenced the final cost of the project which exceeded the accepted tender sum by more than 5%.

RECOMMENDED: That the report be noted.

*Referred to Cabinet
PE 06/007 Plaxtol Parish Design Statement
The report of the Director of Planning and Transportation described the background to the production of the Plaxtol Parish Design Statement, its content, and its context within the new planning system.

RECOMMENDED: That the Plaxtol Parish Design Statement be adopted as a material consideration for development control.
*Referred to Cabinet
PE 06/008 Kent Downs AONB Landscape Design Handbook
 
Decision Notice D060054MEM

The report of the Director of Planning and Transportation outlined the content of the Kent Downs Area of Outstanding Natural Beauty (AONB) Handbook and recommended its adoption as a material consideration for development control.

RECOMMENDED: That the Kent Downs Area of Outstanding Natural Beauty Landscape Design Handbook be adopted as a material consideration for development control.
PE 06/009 Historic Building Grants
 
Decision Notice D060055MEM

The report of the Director of Planning and Transportation sought grant assistance for the replacement roof at 21 Manor Grove, Tonbridge; repairs to the entrance porch and glazed lean-to at 9 Hadlow Road, Tonbridge; and the repair of the "Lock-up" at Bow Road, Wateringbury.

RECOMMENDED: That

(1) Historic Building Grant assistance for the replacement roof at 21 Manor Grove, Tonbridge be refused on the basis that it could set a precedent for applications for grants to repair many houses of similar age and aspect within the Conservation Area which the Council would be unable to meet from the budget available;

(2) the question of Historic Building Grant assistance with repairs to the entrance porch and glazed lean-to at 9 Hadlow Road, Tonbridge be deferred to afford Members the opportunity to assess the appearance of the property to ensure an award could be justified in all the circumstances; and

(3) the offering of Historic Building Grant assistance up to a maximum of £2,500 towards the cost of repairs to the Lock-up at Bow Road, Wateringbury be agreed in principle, subject to the Council's normal terms and conditions and to the Director of Planning and Transportation being satisfied that the repair proposals are appropriate in conservation terms.
PE 06/010 Planning Gain Supplement
The report of the Director of Planning and Transportation advised Members of the consultation proposals for a charge to be levied on the uplift on land values arising from the grant of planning permission and the carrying-out of the subsequent development and suggested a recommended response on behalf of the Council. The deadline for response to the consultation was the date of the meeting, but an extension to 28 February 2006 had been received.

In discussion, Members condemned the Government's proposals and expressed lack of confidence that money collected centrally through the proposed charges would fund the type of local projects currently undertaken through Section 106 agreements. They felt the proposals would have the effect of restricting the availability of land for development, consequently reducing the supply of affordable housing, be difficult to implement fairly, and considerably lessen the ability for the local determination and provision of community infrastructure.

With unanimous cross-party support and after consultation with the three Group Leaders it was

RECOMMENDED: That confirmation be given to the action taken in advance of the Cabinet meeting, with the agreement of the three Group Leaders, in authorising a response to be made to the Office of the Deputy Prime Minister and copied to local Members of Parliament in the following terms:

The Borough Council rejects the concept of introduction of the Planning Gain Supplement, but would rather see guidance and any necessary legislative changes to allow development of local tariffs and the pooling of funds in appropriate circumstances.

In particular Members were very concerned that the proposed PGS system would:

• put at risk the availability of land both coming forward for development while the debate over PGS took place and during the first years of implementation;

• result in a loss of opportunities to deliver housing and, in particular, much needed affordable housing. This latter issue is a major concern in SE England. This Council's record in facilitating good quality housing and a generous supply of affordable housing for local people would be disrupted;

• act to "top slice" on the contributions that could be afforded by any development scheme and therefore it would seriously undermine the ability of Local Planning Authorities to negotiate contributions to important local facilities that are anticipated still to be secured by S106 Agreements as suggested in the consultation paper. This would put further constraint on the delivery of adequate levels of affordable housing and the necessary community infrastructure to support it (which remain local matters for negotiation by LPAs according to Box 5.4); and

• remove the link between local impacts and the ability of Planning Authorities to ensure "local mitigation". This is technically undesirable as necessary infrastructure could not be guaranteed to be available to mitigate the impact of development and to provide necessary community services. In the south east of England where development pressure is great, the public expect, quite rightly, that developers will be able to deliver local solutions to the detrimental impacts their developments generate. This seems to fly in the face of the very latest ideas of a "new localism" by removing from local determination those factors associated with development that local communities through their elected local authorities' operation of the planning system are best placed to deal with.

*Referred to Cabinet
PE 06/011 Protection of Private Gardens
The report of the Director of Planning and Transportation alerted Members to a Private Member's Bill laid in Parliament by Greg Clarke MP (Tunbridge Wells) to remove back and front gardens from the definition of "brownfield" sites and thereby remove the presumption that such areas had priority for redevelopment in planning policy terms.

RECOMMENDED: That

(1) the Borough Council applauds Greg Clarke MP for raising this issue through a Private Member's Bill;

(2) the Council looks forward to seeing the detailed wording of his draft legislation to consider its position further; and

(3) this decision be conveyed to the Borough Council's Members of Parliament and to Greg Clarke MP.

*Referred to Cabinet
MATTERS SUBMITTED FOR INFORMATION
PE 06/012 Capital Plan Progress Report
The report of the Director of Planning and Transportation advised Members of progress with the schemes contained in the Planning and Transportation section of the Capital Plan.
PE 06/013 Cycling Strategy for Tonbridge and Malling
The joint report of the Director of Planning and Transportation and the Cabinet Member for Planning and Transportation outlined the background to development of cycling strategies in the Borough and advised of a Kent County Council workshop on the subject (provisionally arranged for early May) for both borough and county council Members.
PE 06/014 Response to Consultations
The report of the Director of Planning and Transportation introduced copies of responses made to the Office of the Deputy Prime Minister on behalf of the Borough Council in relation to consultation on Planning Policy Statement 3 (Housing) and on draft Planning Policy Statement 25 - Development and Flood Risk.

In discussion Members congratulated the officers of the Planning and Transportation department on the high quality of papers and advice produced for the meeting and the depth of consideration shown.
MATTERS FOR CONSIDERATION IN PRIVATE
PE 06/015 Exclusion of Press and Public
No items were considered in private.
The meeting ended at 2120 hours

Attendance Details

Present:
Cllr Miss J R Browne (Chairman), Cllr A K Sullivan (Vice-Chairman), Cllr P F Bolt, Cllr Mrs G S Bowden, Cllr M A Coffin, Cllr P M Hickmott, Cllr D M Laverty, Cllr E A Munro, Cllr Mrs A S Oakley, Cllr Miss J L Sergison and Cllr D Thornewell.
In attendance:
Councillors Baldock, Balfour, Cure, Dorling, Mrs Harrison, Mrs Holland, Homewood, Luker, Rhodes, Rogers, Still and Worrall were also present pursuant to Council Procedure Rule No 15.21.

An apology for absence was received from Councillor Evans.