A minute’s silence was held in memory of Mrs Kay Barnicott, wife of Honorary Alderman Rick Barnicott, former Chairman of the Planning Committee.

To approve the Minutes of the Meeting held on 17 December 2015 (Minute Nos. 408 - 411) as a correct record.

The Minutes of the Meeting held on 17 December 2015 (Minute Nos. 408 – 411) were taken as read, approved and signed by the Chairman as a correct record.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

Councillors Andy Booth, Roger Clark, Sue Gent and Prescott declared a non-pecuniary interest in respect of application 1.1 15/509602/PNQCLA Barn, Ludgate Lane, Lynsted as the applicant was known to them they did not vote on this item.

To approve the Minutes of the Meeting held on 4 January 2016 (Minute Nos. to follow).

15/506410/FULL – 90 Scrapsgate Road, Minster-on-Sea

15/503681/FULL – 177 Wards Hill Road, Minster-on-Sea

15/506114/FULL – land adjacent to 27 Waverley Avenue, Minster-on-Sea

The Minutes of the Meeting held on 4 January 2016 (Minute Nos. 412 – 415) were taken as read, approved and signed by the Chairman as a correct record.

15/506410/FULL – 90 Scrapsgate Road, Minster-on-Sea

The Planner advised that a request was made at the site meeting for details of a housing needs survey for Minster.  Officers had investigated and no such survey had been carried out.  Furthermore, at the site meeting the applicant had handed their response to objections to the presenting officer which included; comments refuting the claimed loss of light; that drainage would be dealt with appropriately; that the garage would remain, therefore not creating a parking problem; and comments not relevant to the determination of the application including the applicant’s intention to keep the property; clarifying that the dwelling was not a bungalow; that local tradesmen and businesses would be used; comments on a land dispute; and the applicant’s desire to improve the appearance of the property.

The Chairman moved the officer recommendation for approval and this was seconded.

A Ward Member thanked Members for attending the site meeting.  He stated that there was a necessity on the Isle of Sheppey to cater for its aging community and therefore a need for bungalow-style housing.  He considered the proposal would have an overbearing impact on neighbouring properties and cause demonstrable harm to the streetscene.

Members raised the following points: not keen on bungalows being converted; problem was that the dwelling was set back further than those either side of it; will change the character of the streetscene and be out of keeping; and would increase overshadowing to the neighbouring property.

On being put to the vote the motion to approve the application was lost.

Councillor Andy Booth moved the following motion: That the application be refused as it would cause overshadowing, loss of privacy, be over-bearing, and cause overlooking to neighbouring properties.  This was seconded by Councillor Mike Dendor.

On being put to the vote to the motion to refuse was agreed.

RESOLVED:  That application 15/506410/FULL be refused as it would cause overshadowing, loss of privacy, be over-bearing, and cause overlooking to neighbouring properties.

15/503681/FULL – 177 Wards Hill Road, Minster-on-Sea

The Planner reported that an accurate streetscene elevation had been provided.  As shown on the revised streetscene drawing, the property on plot 1 would be approximately 1.75 metres above the ridge height of No. 16 (as opposed to 1 metre as stated in paragraph 8.04 of the report) and the property on plot 2 would be approximately 0.9 metres above the ridge height of ‘Lyndale’ (as opposed to 0.6 metres as stated in paragraph 8.07 of the report).  The Planner further reported that Condition (2) would need to be amended to delete reference to the inaccurate streetscene elevation drawing number PL13 and refer instead to amended streetscene elevation PL14.

The Planner advised that Minster Parish Council now raised no objection, subject to parking being provided both behind, utilising the existing access, and  ...  view the full minutes text for item 429.

To consider the following application:

15/503580/FULL – Land North of Homestall Road, Doddington

Members of the public are advised to confirm with Planning Services prior to the meeting that the applications will be considered at this meeting.

Requests to speak on this item must be registered with Democratic Services (democraticservices@swale.gov.uk or call us on 01795 417328) by noon on Wednesday 13 January 2016.

 The Area Planning Officer reported that Norton Parish Council had now commented on the application (for the first time).  They said that the Council did not oppose the application, although they had not been aware of the past history of the site, or the recent felling of trees.

The Area Planning Officer further reported that they now suggested that they have serious reservations concerning the erection of a 4 metre high fence around the site, which would seem intrusive.  They had also expressed concern as to how any further development of the site would be monitored.

Parish Councillor Colin Woods, representing Newnham Parish Council, spoke against the application.

Mrs Jean Price, an objector, spoke against the application.

The Chairman moved the officer recommendation to approve the application and this was seconded.

Members considered the application and raised the following comments: do not believe that the Committee should be determining the application as it stands; the applicant has been paying council tax confirming that someone had been living at the site so do not see how we can refuse the application; concerned about the impact the acoustic fence would have on the Area of Outstanding Natural Beauty (AONB); we would not allow the acoustic fence with any other application; application would have a negative impact on the local area; the provision of an acoustically insulated caravan effectively made the application for a house;  consider that on balance should approve the application; original permission given to one person by name all other statements were conjecture; and fence in the AONB was ‘disgraceful’.

A Member queried why the Ward Members had not commented on the application.  The Area Planning Officer reported that he was aware of an email from Councillor Lloyd Bowen, but it had not been sent to officers for reporting.

In response to queries, the Locum Solicitor explained for Members the case law in respect of established use and providing a Certificate of Lawful Development.  He explained that if a Certificate of Lawful Development was given then conditions could not be imposed unlike a regular planning permission.  Also if an established use was identified then no enforcement action could be taken.  If the applicant could prove lawful use for ten years then the Council would have to approve.  With regard to any abandonment of the use this needed to be proven. 

In response to a query from a Member regarding a letter sent by planning to an estate agent in 2006 about the use of the site, the Area Planning Officer stood by the  ...  view the full minutes text for item 430.

To consider the attached report (Parts 1, 2, 3 and 5).

The Council operates a scheme of public speaking at meetings of the Planning Committee.  All applications on which the public has registered to speak will be taken first.  Requests to speak at the meeting must be registered with Democratic Services (democraticservices@swale.gov.uk or call 01795 417328) by noon on Wednesday 13 January 2016.

PART 1

Any other reports to be considered in the public session

The Area Planning Officer reported that following discussions with KCC Ecology, he thought that the Council should impose a further condition requiring that an owl nesting box be provided.

Mr Dylan Winder, an objector, spoke against the application.

Mr Colin Jones, the applicant, spoke in support of the application.

The Chairman moved the officer recommendation that prior approval was not required and this was seconded.

A Member requested that two owl nesting boxes be provided.  The Area Planning Officer agreed to include this.

At this point Councillors Prescott, Andy Booth, Sue Gent and Roger Clarke declared a non-pecuniary interest as they knew Mr Jones the applicant.  Following legal advice from the Locum Solicitor, they advised that they would speak on the item but not vote.

In response to queries the Area Planning Officer reported that that barn was part of the farm and that as far as he was aware the building was structurally sound.

Resolved: That prior approval is not required for application 15/509602/PNQCLA and that a condition be imposed requiring the installation of two owl boxes.

The Chairman moved the officer recommendation that the Head of Planning Services and Head of Legal Services be given delegated authority to enter into a Section 106 Agreement for application SW/14/0045 which was seconded.

A Ward Member asked officers to include within the Section 106 Agreement provision of bus stops and bus shelters and that within the approved Construction Traffic Management Plan it be included that construction traffic be not allowed to park in Love Lane.

The Development Manager reported that the discussions as part of the Section 106 Agreement were at an advanced stage and he was  ...  view the full minutes text for item 431.

To decide whether to pass the resolution set out below in respect of the following items:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2, 3, 4, 5, 6 and 7.

1.    Information relating to any individual.

2.    Information which is likely to reveal the identity of an individual.

3.    Information relating to the financial or business affairs of any particular person (including the authority holding that information). See note below.

4.    Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and any employees of, or office holders under, the authority.

5.    Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

6.    Information which reveals that the authority proposes

(a)  To give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)  To make an order or direction under any enactment.

7.    Information relation to any action in connection with the prevention, investigation or prosecution of crime.

Resolved:

(1) That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 2, 3 and 6 of Part 1 of Schedule 12A of the Act:

1. Information relating to any individual.

2. Information which is likely to reveal the identity of an individual.

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

4. Information relating to any consultation or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and any employees of, or office holders under, the authority.

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

6. Information which reveals that the authority proposes:

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

7. Information relating to any action taken in connection with the prevention, investigation or prosecution of crime.

To consider the attached report (Part 6).

6.1  15/501252/CHANGE  Unauthorised commercial vehicle parking (lorry park), mobile buildings and caravans – land adjacent Farmhouse Furnishings, Crown Quay Lane, Sittingbourne

Resolved:  That should the caravans and mobile homes not be removed, and the use of the land as a lorry park not cease, an Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the removal of the portable buildings and the use of the site as a lorry park should cease within 3 months of the Notice taking effect.

That the Head of Planning and Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording and reasons thereof to give effect to this decision.

6.2  15/500172/OPDEV  Land between 2 and 4 Acorn Street, Sheerness, Kent, ME12 2ST

Resolved:  That an Enforcement Notice be issued, pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the change of use to cease within 1 month of the Notice taking effect.

That the Head of Planning and Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording and reasons thereof to give effect to this decision.

6.3  15/500511/OPDEV  Laying of hardstanding and stationing of caravan – Land adjacent Bali Hi, Cliff Drive, Warden, Kent, ME12 4PJ

Resolved:  That an Enforcement Notice be issued, pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the cessation of the use of the land for the stationing of a caravan used for residential purposes, removal of the caravan, associated brick skirt and hardstanding, and the demolition of the front boundary wall, or its reduction in height to no more than 1 metre, within 12 months of the notice taking effect.

That the Head of Planning and Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording and reasons thereof to give effect to this decision.

Members agreed to the suspension of Standing Orders in order that the Planning Committee could complete its business.