Meeting documents

Planning and Transportation Advisory Board
Tuesday, 8th January, 2008 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
PE 08/001 Declarations of interest.
Councillor M O Davis declared a personal interest in the Parking Action Plan - Traffic Management Act 2004 item in that a member of his family owned property in a street mentioned in the report.
PE 08/002 Minutes
RESOLVED: That the notes of the meeting of the Planning and Transportation Advisory Board held on 22 October 2007 be approved as a correct record and signed by the Chairman.
MATTERS FOR RECOMMENDATION TO THE CABINET
PE 08/003 Parking Action Plan - Traffic Management Act 2004
The joint report of the Director of Planning, Transport and Leisure and the Cabinet Member for Planning and Transportation updated progress in implementing the Parking Action Plan. In addition the Board was invited to consider the operational implications of Part 6 of the Traffic Management Act 2004 which made fundamental changes to the operation of local authority parking services with effect from 31 March 2008.

The Act introduced differential penalty charges for different types of contraventions and Members were invited to recommend that Band 2 be chosen as the approved basis for applying penalty charge notices in the Borough. It was noted that Parking Attendants would be retitled Civil Enforcement Officers although some doubt was expressed at the suitability of this new title.

Endorsement was sought for matters associated with the Tonbridge Local Parking Plan and a new small car park in River Walk. A proposal to consolidate recycling facilities in Vale Road was also reported. Details were given of a series of recommendations on policy matters made by the Joint Transport Board.

Members congratulated Officers on the improvement in traffic management within Tonbridge, acknowledging the significant investment that had delivered a tremendous success in parking management for the local community.

RECOMMENDED: That

(1) pursuant to Schedule 9 Paragraph 7(1) of the Traffic Management Act 2004, the level of Penalty Charges at Band 2 of the Civil Enforcement of Parking Regulations (Guidelines on Levels of Charges) (England) Order 2007 be adopted;

(2) the out-turn amount of £159,000 be endorsed for implementation of the Tonbridge Local Parking Plan and this be reflected in the current review of the Capital Plan;

(3) Zone L of the Tonbridge Local Parking Plan be confirmed in the light of the recommendations at paragraphs 1.7.4, 1.7.9 and 1.7.12 of the report;

(4) the consolidation of the recycling facilities in Sovereign Way North and Angel East car parks into Vale Road car park be supported;

(5) the proposal to promote a new car park at River Walk be approved and a pricing structure similar to Upper Castle Fields be introduced subject to there being an initial half hour band set at 30 pence; and

(6) the following recommendations of the Joint Transportation Board meeting on 3 December 2007 be approved, subject to the removal of the recommendation relating to Network Rail which had time expired:-

(i) approval of a permanent Order for Zone D, subject to the minor amendments set out below, with one-way traffic flows unaltered and the Objector be advised accordingly:-

 to restrict the bays in Danvers Road and Holford Street to Pay & Display with exemptions for residents permit holders only;

 to amend the 5 spaces in the vicinity of 20-30 Barden Road to provide limited waiting "Monday to Saturday 8am to 6pm, 1 hour no return within 1 hour";

 to conduct a further consultation with the residents of Zone D to assess whether the permit holder restrictions between 5pm and 6pm should be retained or deleted and that the Zone D scheme should be adjusted in line with the findings of the consultation; and

 approve the restrictions proposed for B245 London Road in the interests of highway safety and the Petitioners be advised accordingly.
*Referred to Cabinet
PE 08/004 TM/07/03931/A10 - Kent International Gateway, Land West of Junction 8, M20
 
Decision Notice D080009MEM

The Director of Planning, Transport and Leisure reported on a major application in Maidstone and Tonbridge and Malling recommended that comments be made on the potential noise, air quality and transport implications associated with the project.

Members were advised that it was highly likely that the application would ultimately be determined by the Secretary of State, or one of her Inspectors, and were assured that if this application went to Local Inquiry or appeal that the Council's concerns would be pursued vigorously. The importance of defending Tonbridge and Malling local interests was recognised with particular reference to impacts as a result of changes in transport patterns on both M20 and the Ashford to Victoria railway line.

RECOMMENDED: That Maidstone Borough Council be invited to consider the factors set out in Section 1.2 of the report when reaching its decision on this case and unless these matters can be satisfactorily resolved, objections be raised to the proposed development.

PE 08/005 Gypsies and Travellers
The Director of Planning, Transport and Leisure reported back on the results of the Gypsy and Traveller Accommodation Assessment following stakeholder consultation over the summer. The submission of advice to SEERA on alternative pitch distributions as an input to the partial review of the South East Plan was explained, whilst responses to specific planning questions raised by the KCC Select Committee on Gypsies were outlined.

The difficulties associated with the Gypsy and Traveller Review was discussed and Members noted that this would be an ongoing process.

RECOMMENDED: That

(1) the conclusions of the Gypsy and Traveller Accommodation Assessment be regarded as a material consideration for development control and be paid regard to in formulating the Borough Council's position in relation to the partial review of the South East Plan; and

(2) a letter be sent to the County Council in response to theirs of 3 December 2007 reflecting the comments made in paragraphs 1.3.3 to 1.3.6 of the report.
*Referred to Cabinet
PE 08/006 Development Control
The changes to development control procedures, including a consultation exercise in respect of the validation of planning applications, were outlined in the report of the Director of Planning, Transport and Leisure.

The results of the Best Value Indicator User Satisfaction Survey showed that an 80% user satisfaction had been achieved placing this Council in the 'top quartile' in Kent, the CIPFA family group and nationally. Members expressed their gratitude and appreciation at these results recognising the achievement in maintaining the Council's position towards the top of the league.

The practice of charging for pre-application advice in respect of planning proposals was considered. Members accepted this as a reasonable way of recovering costs and providing a more efficient approach to this aspect of the planning service. The Director of Planning, Transport and Leisure assured the Board that clear and well prepared guidance would still be offered to applicants in good faith, with no change to the basic approach to the way the Service currently operated.

RECOMMENDED: That

(1) the results of the Best Value user satisfaction survey be noted;

(2) the Local Validation Standards consultation process be progressed as described in the report;

(3) the changes in application processing arrangements be noted;

(4) the provisions in respect of the Members' Code of Conduct be noted; and

(5) the practice of charging for pre-application advice in respect of planning proposals for commercially based development be introduced from 1 April 2008 and be based on the scale of charges and advice note circulated in advance of the meeting.
*Referred to Cabinet
PE 08/007 The Planning Bill and Allied Proposed Legislation
 
Decision Notice D080010MEM

Members were provided with an update on emerging new primary and secondary legislation arising from the consultation last summer on the Planning White Paper and allied documents.

RECOMMENDED: That the report be noted and made available to Members of Parliament for consideration during the passage of the Bill.
PE 08/008 Streamlining Local Development Frameworks - Consultation
 
Decision Notice D080011MEM

The Director of Planning, Transport and Leisure outlined the Government's consultation on a number of measures aimed at simplifying and speeding up the Local Development Framework process and set out proposed comments and responses as a basis of the Council's final response.

Members agreed that the proposed changes were to be welcomed but recognised that some of these were too late to benefit this authority.

RECOMMENDED: That

(1) the general comments and responses to questions, set out in the report, be used as the basis for framing the Council's formal response to the consultation on 'Streamlining the Local Development Framework System'; and

(2) the final response, including more detailed technical comments, be agreed in consultation with the Cabinet Member for Planning and Transportation.
PE 08/009 Housing and Planning Delivery Grant - Consultation
 
Decision Notice D080012MEM

The report of the Director of Planning, Transport and Leisure outlined the Government's intention of replacing the Planning Delivery Grant with a new Housing and Planning Delivery Grant scheme. The new grant would reward the identification of housing land in plans, the timely delivery of Development Plan Documents relating to housing and the actual rate of completion of housing units. The new scheme would no longer directly reward development control performance, though the overall level of grant would be abated if that performance did not meet nationally recognised standards.

RECOMMENDED: That the views expressed in response to each question, as set out in the report, form the basis of the Council's formal response to the consultation on Housing and Planning Delivery Grant.
PE 08/010 Review of Fees and Charges 2008/09
The report of the Director of Planning, Transport and Leisure brought forward for consideration, as part of the budget setting process for 2008/09, proposals in respect of those fees and charges that fell within the remit of the Advisory Board.

RECOMMENDED: That, subject to a satisfactory outcome to the budget setting process,

(1) the Building Control application fees for dwellings and domestic extensions, as set out in Annex 1 to the report, be agreed;

(2) the Director of Planning, Transport and Leisure retain the delegated authority, in consultation with the Cabinet Member for Planning and Transportation, to amend the charge in respect of Approved Document P (Electrical Installations) to respond to market conditions;

(3) the Chief Building Control Officer continue to be authorised to negotiate Building Control application fees for other building works with a value exceeding £1million; and

(4) the prices of Planning Policy documents, as set out in Annex 2 to the report, be approved.
*Referred to Cabinet
PE 08/011 Channel Tunnel Rail Link - Simplified Planning Memorandum
The report of the Director of Planning, Transport and Leisure recommended that as construction of the high speed rail link was complete a revised, simplified Planning Memorandum be agreed and that the Channel Tunnel Rail Link Planning Forum was no longer required.

RECOMMENDED: That

(1) the Simplified Planning Memorandum, set out at Annex 1 to the report, and the closure of the Planning Forum be agreed;

(2) the current arrangements whereby all decisions on submissions under the Planning Memorandum are delegated to the Director of Planning, Transport and Leisure continue in place under the Simplified Planning Memorandum; and

(3) the Council's Constitution be updated to reflect the delegations referred to in the report.
*Referred to Cabinet
MATTERS FOR CONSIDERATION IN PRIVATE
PE 08/012 Exclusion of Press and Public
No items were considered in private.
The meeting ended at 2100 hours

Attendance Details

Present:
Cllr B J Luker (Chairman), Cllr C P Smith (Vice-Chairman), Cllr J A L Balcombe, Cllr P F Bolt, Cllr C Brown, Cllr M O Davis, Cllr D Keeley, Cllr H S Rogers, Cllr Mrs E A Simpson, Cllr A K Sullivan and Cllr D Thornewell.
In attendance:
Councillors Aikman, Mrs Anderson, Balfour, Baldock, Court, Cure, Heslop, Mrs Holland, Homewood, Mrs Murray, Rhodes and Worrall were also present pursuant to Council Procedure Rule No. 15.21.

An apology for absence was received from Councillor Evans.