Agenda and minutes

Venue: Council Chamber, - Swale House. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

56.

Fire Evacuation Procedure

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

 

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

 

The Chairman will inform the meeting that:

 

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park.  Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; and

 

(b) the lifts must not be used in the event of an evacuation.

 

Any officers present at the meeting will aid with the evacuation.

 

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

 

Minutes:

The Chairman ensured that those present were aware of the emergency evacuation procedure.

57.

Minutes

To approve the Minutes of the Meeting held on 25 May 2017 (Minute Nos. 19 - 25) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 25 May 2017 (Minute Nos. 19 – 25) were taken as read, approved and signed by the Chairman as a correct record.

58.

Declarations of Interest

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.

 

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

 

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 Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

 

Minutes:

Councillor Bobbin declared a non-pecuniary interest in respect of item 3.3, 17/500313/OUT, Land north of Canterbury Road, Dunkirk, as he knew the owner.  Councillor Bobbin did not take part in discussion or vote on this item.

59.

Local Plan Update

Minutes:

The Head of Planning Services reported that notification had been received from the Local Plan Inspector that the Swale Local Plan was sound.  This would be reported to Full Council on 26 July 2017 for formal adoption, and the Plan would then have full weight, and the old Plan was no longer in use.  The Head of Planning Services explained that the weight of the new Plan was considerable and Members should consider the new Plan at this meeting.  He explained that there was now a five-year supply of housing, and that this was ever-changing and fragile.

60.

Deferred Items pdf icon PDF 617 KB

To consider the following applications:

 

16/501266/FULL – 99 High Street and Land to the North of High Street, Newington

 

Tabled Paper added 27 June 2017.

 

16/508117/OUT – The Slips, Scocles Road, Minster

 

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 these items must be registered with Democratic Services (democraticservices@swale.gov.uk or call us on 01795 417328) by noon on Wednesday 21 June 2017.

Additional documents:

Minutes:

 

Def Item 1     REFERENCE NO -  16/501266/FULL

APPLICATION PROPOSAL

Erection on land to the north of 99 High Street of 124 No. dwellings in total including two storey 2, 3, and 4 bedroom dwellings and 1 and 2 bedroom apartments (2 no. 3 storey blocks) with a new access road from the High Street, pedestrian and cycle link to Church Lane, formal and informal areas of open space and landscaping, car parking and amenity space.

ADDRESS 99 High Street and Land to the North of High Street,  Newington Kent ME9 7JJ  

WARDHartlip, Newington And Upchurch

PARISH/TOWN COUNCIL Newington

APPLICANT Persimmon Homes South East Ltd

AGENT

 

The Senior Planner drew Members’ attention to the tabled paper, which had previously been emailed to Members, and which summarised the Government consultation (Department for Environment, Food & Rural Affairs Improving Air Quality in the UK: Tackling Nitrogen Dioxide in our Towns and Villages).  She reported that further comments had been received from Newington Parish Council, and they considered the application should be refused.  The Parish Council had stated that Gordon Henderson MP was also against the application and he considered it was unsustainable to allow further development along the A2 due to insufficient infrastructure and poor air quality.

 

She further reported that at the Chairman’s Briefing, held prior to this meeting, she was made aware that Members had been in receipt of a document from the Campaign to Protect Rural England. As such, officers had not had the opportunity to view the document in detail, and the Senior Planner considered the application should be deferred in order that further advice be sought from the Environmental Team on the way forward following receipt of this document.

 

The Chairman moved the officer recommendation (as above) to defer the application and this was seconded.

 

The members of the public registered to speak on this item, did not speak.

 

Resolved:  That application 16/501266/FULL be deferred to allow officers time to review the recent document received and to further advise Members as necessary..

 

Def Item 2     REFERENCE NO - 16/508117/OUT

APPLICATION PROPOSAL

Outline application (with access being sought) for up to 62 dwellings including details of vehicular access.

ADDRESS The Slips, Scocles Road, Minster-on-sea, Kent ME12 3SN 

WARDSheppey Central

PARISH/TOWN COUNCIL Minster-On-Sea

APPLICANT Parker

AGENT BDB Design LLP

 

The Senior Planner reported that one further letter of objection had been received.  She summarised the issues raised which included:  concerned with noise and disturbance; decimation of the countryside; and there was too much development.  The Senior Planner explained that Kent County Council (KCC) Highways and Transportation had advised that the road widening and the extension of the 30mph zone would be delivered under a Section 278 Agreement, and covered by the Section 106 Agreement.  She referred Members to Paragraph 2.05 on Page 75 of the report and advised that the applicant had confirmed that the proposed footpath on the eastern side was within both the applicant’s ownership and KCC Highways and Transportation’s.  The part under the applicant’s ownership  ...  view the full minutes text for item 60.

61.

SCHEDULE OF DECISIONS pdf icon PDF 46 KB

To consider the attached report (Parts 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 21 June 2017.

 

Tabled Papers added for items:

2.10

2.11

3.3

Additional documents:

Minutes:

 

PART 2

 

Applications for which PERMISSION is recommended

 

2.1       REFERENCE NO -  15/500669/FULL

APPLICATION PROPOSAL

Siting for a mobile home with touring caravan, utility block, and associated parking.

ADDRESS Land At Greyhound Road, Minster-on-sea, Kent ME12 3SP.  

WARDSheppey Central

PARISH/TOWN COUNCIL Minster-On-Sea

APPLICANT Mr J Ball

AGENT M P Foad Ltd

 

The Area Planning Officer explained that the comments from Minster-on-Sea Parish Council had been duplicated on pages 153 – 155 in the report.  The correct version was tabled.  He also stated that Paragraph 2.03 needed to be deleted, as it contradicted Paragraph 1.02.

 

Mr Martin Foad, the Agent, spoke in support of the application.

 

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

 

A Ward Member reserved his right to speak until later in the discussion.

 

Members considered the application and raised points which included:  there was a potential imbalance of gypsy and traveller sites versus settled community in this area; concerns with the facilities that were purported to be nearby, it was necessary to access shops by going across the field; there was no footpath between the site and the nearest shop; the A2500/B2231 were 60mph routes, so were a potential danger to pedestrians; and the Council now had its 5-year supply of gypsy and traveller sites, so this was not needed.

 

At this point, the Area Planning Officer advised that it was the target to have a 5-year supply, but this was not a ceiling to the number of sites, as some sites might not be suitable.  He stated that the location was close to Thistle Hill and had been seen recently by the Planning Inspector as an ideal site.  He explained that the more sites that were approved in good positions, meant that it was easier to defend other sites on appeal.

 

Members raised further comments which included:  concerned that we were ‘front-loading’ gypsy and traveller provision; a balance was needed, and not concentrated in just one area; concerned with the proximity of the site to Greyhound Road; and gypsy and travellers often preferred sites close together.

 

A Ward Member considered there should be control of development in the area, and stated that the site was one of the most conspicuous places in Minster.

 

The Senior Planning Solicitor (Locum) referred to the status of the new Local Plan in relation to gypsy and traveller sites. He explained that as this was a planning application, not a Lawful Development Certificate, the conditions on the application would make it easier to enforce, rather than taking out an Enforcement Notice.

 

The Head of Planning Services explained that Swale Borough Council was considered as ‘trail-blazers’ in respect of its gypsy and traveller policy, and the Local Plan had the most up-to-date policy nationally.

 

Resolved:  That application 15/500669/FULL be approved subject to conditions (1) to (6) in the report.

 

2.2       REFERENCE NO -  17/501399/FULL

APPLICATION PROPOSAL

Variation of condition 1 of 14/504681/FULL (Change of use of land to gypsy residential site for the stationing  ...  view the full minutes text for item 61.

62.

Exclusion of the Press and Public

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.

 

Minutes:

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.

 

63.

SCHEDULE OF DECISIONS

To consider the attached report (Part 6).

Minutes:

6. 1      Applications 16/501266/FULL  - 99 High Street And Land To The North Of High Street, Newington & 16/508117/OUT - The Slips, Scocles Road, Minster-on-Sea

 

Resolved:  These items were deferred so no further action be taken at the present time.

 

6.2       17/500754/FULL - Fencing at 84 Borden Lane Sittingbourne Kent ME10 1DD

 

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 removal of the fencing, gates and gate posts within 3 months of the Notice taking effect.

 

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

 

6.3    15/505069/FULL - Sheerness Holiday Park Halfway Road Minster-on-sea Kent ME12 3AA 

 

Resolved:  That an Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, in relation to the development reported at item 3.2.

 

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

 

 

 

64.

Suspension of Standing Orders

Minutes:

At 10pm and 10.30pm Members agreed to the suspension of Standing Orders in order that the Committee could complete its business.