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Agenda and minutes

Venue: Committee Room B12. View directions

No. Item


Apologies for Absence


An apology for absence was received from Mr Tony Martin (Independent Member).


The Chairman asked that the contribution of Martin Hussey to the Committee’s work be recorded in the Minutes following the ending of his term of office, and expressed his thanks to Richey Estcourt and Steve Maynard for agreeing to serve a second (final) 4 year term of office as Independent Members on the Committee.


Mr Hussey had served as Independent Member on the Committee from October 2010 until April 2019, the maximum term permitted for an Independent Member. The timing of the Committee’s meetings had not allowed the Chairman to thank Mr Hussey in person, but the Chairman had done so on a personal basis by letter.


Members joined the Chairman in expressing their appreciation of Mr Hussey’s contribution to the work of the Committee as one of four original (and subsequently longest serving) Independent Members, first appointed by Cabinet on 23 September 2010 [Min. No. 55 refers].



Declarations of Interest

To receive declarations of interest from Members including the terms(s) of any Grant(s) of Dispensation.


The Head of Legal Services advised Members that when considering agenda Item 4 - Redevelopment of Phases 2 and 3 of Land East of Lowfield Street Dartford – Consultation on Planning Application 19/00600/FUL [agenda pages 7-13 refer] they were doing so in their role as Trustee of the Kidd Legacy Charity Land in Central Park, and whether the proposed development in Lowfield Street would affect the enjoyment of the Kidd Legacy land (in Central Park) as a public recreation ground. She emphasised that the Committee was being consulted on the planning application, as the Council in its role as Trustee of the Kidd Legacy, was deemed a near neighbour for planning consultation purposes.


She also advised that any Councillor present, who also served on the Development Control Board [including as Substitute] could be predisposed to a particular view on the planning application, but had to be mindful of the pre-determination principle, in that Members needed to avoid any appearance of bias or having predetermined their views before taking a decision on the planning application at Development Control Board. Members were advised to declare at Development Control Board, their ‘trustee’ role.  


It was also confirmed that no Cabinet member present was conflicted on any item on the Agenda.



Confirmation of Minutes of the meeting held on 2 April 2019 pdf icon PDF 288 KB


In requesting that the Minutes of the Committee’s last meeting held on 2 April 2019 be confirmed, the Chairman advised Members that Min.No.13 was particularly relevant to the Committee’s consideration of Item 4 on the Agenda that evening.




1.    That the Minutes of the Committee’s meeting held on 2 April 2019, be confirmed as accurate.



Redevelopment of Phase 2 and 3 of Land East of Lowfield Street Dartford - Consultation on Planning Application 19/00600/FUL pdf icon PDF 203 KB

To consider the consultation on the application relating to Phase 2 and 3 of the development of land east of Lowfield Street for predominately residential development.


Additional documents:


The report from the Council’s Head of Legal Services asked the Committee, acting as Charitable Trustee, to consider the consultation on planning application 19/00600/FUL relating to the development of land east of Lowfield Street for Phases 2 and 3 for a predominately residential development.


A summary of the planning application from the Council’s Development Manager (DM) was attached as Appendix A to the report, and included a plan detailing the boundaries of the application site, in relation to the boundaries of the Kidd Legacy Charity land within Central Park.


The Council, as local planning authority, was required by law to notify neighbouring occupiers, including the Committee as Charitable Trustee, that a planning application had been received. The report asked the Committee acting as Charitable Trustee:


(i)            to consider whether planning application 19/00600/FUL was likely to affect the enjoyment of the Kidd Legacy land [in Central Park Dartford] as a public recreation ground;

(ii)          as a neighbouring occupier, to respond to the consultation exercise on planning application 19/00600/FUL and decide whether it wished to support the proposal, object to the proposal and/or make a general observation(s) on the proposal.


Acting as Charitable Trustee, the Committee agreed to adopt the same process in its  consideration of planning application 19/00600/FUL, as it had employed  when considering the related planning application 19/00027/FUL on 2 April 2019 [Min.No.13 refers] namely, that Members receive a PowerPoint presentation on the planning application from the DM including a Q&A session, followed by Member discussion which would be recorded as observations/concerns/requests to the Development Control Board for consideration, under the same headings used on 2 April, in response to the consultation on 19/00027/FUL.


The PowerPoint presentation from the DM provided some pictorial comment to the comprehensive details set out in her Appendix A to the report [agenda pages 9-11]. She emphasised the following principal points in her commentary to Members:


·         The proposal from Bellway Homes for Phases 2 and 3 of land east of Lowfield Street was for the erection of 280 mixed studio,1, 2 and 3 bed apartments in 7 blocks;

·         Two blocks, 4 stories high would continue the Lowfield Street frontage development south of Instone Road extending to Vauxhall Place;

·         Two central blocks in the development were 5 stories high (top floor set back) and reflected the Phase 1 and Phase 3B design;

·         Three blocks rising to 8 storeys high (top floor set back) formed the eastern boundary of the development and fronted onto Central Park. These blocks were articulated along their length to break up the bulk, and dropped to 7 storeys at their north and south ends;

·         The internal part of the site surrounding the two central blocks was devoted to car parking for 268 vehicles including spaces for Phase 1 and Phase 3B (affordable housing element) giving an overall parking provision for the development as a whole of 0.66 spaces;

·         Vehicular access to the development site would be taken from 2 accesses on Lowfield Street, a new access just south of Instone Road  ...  view the full minutes text for item 4.


Recruitment of fourth Independent Member


The Chairman confirmed the need for the Committee to select a fourth Independent Member [for subsequent approval by Cabinet], following the end of Martin Hussey’s term of office as Independent Member on the Committee, and renewed his thanks to Richey Estcourt and Steve Maynard for agreeing to continue in their roles as Independent Member for a second (final) four year term.


The Committee agreed the Chairman’s proposal that the recruitment process for a fourth Independent Member follow the model of previous years. An advert [wording to be agreed by a selection Panel – see below] would be publicised in the local media, and on the Council’s website. Applicants would be sent an application pack, together with details of the Committee’s work, and invited to contact the Head of Legal Services with any additional questions they might have, prior to submission.


It was further agreed that a cross-party selection Panel, comprising the Chairman, Vice-Chairman, Councillor Maddison, Councillor Barham and Independent Member Mr Richey Estcourt, be convened at a future date to select a candidate for approval by Cabinet, once sufficient applications had been received.



Any Other Business (A.O.B.)


The Vice-Chairman advised the Committee that in his role as Leader of the Council, he had set aside a substantial investment fund to develop better access for children suffering from disabilities, to play spaces in public parks that the Council maintained as Chartable Trustee, most notably at Savoy Road.


Members welcomed the Leader’s initiative.



Date of Next Meeting

As confirmed at the Annual Meeting of the Council on 22 May 2019, the next scheduled meeting of the Committee is on 15 October 2019.


The next meeting of the Committee was confirmed as 15 October 2019, when the annual reports and accounts for all charitable lands held by the Council, as Charitable Trustee, would be presented to Members for approval.


Members might also be asked to approve a candidate for Independent Member on the Committee, for approval by Cabinet, if the selection Panel had convened in the interim, and made a selection in response to any applications received.