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.

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

To approve the Minutes of the Meeting held on 17 August 2017 (Minute Nos. 162 – 170) as a correct record.

The Minutes of the Meeting held on 17 August 2017 (Minute Nos. 162 – 170) 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.

(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.

No interests were declared.

The following change to the order of business was agreed:  That Deferred Item 1 be considered under Part 6 of the agenda and in closed session.  This was to enable Members to consider the report in conjunction with the confidential appendices at item 6.1 of the agenda.

To approve the Minutes of the Meeting held on 5 September 2017 (Minute Nos. to follow).

To consider application 17/501755/FULL 60 – 63 Preston Street, Faversham, Kent, ME13 8PG.

The Minutes of the Meeting held on 5 September 2017 (Minute Nos. 187 – 188) were taken as read, approved and signed by the Chairman as a correct record.

17/501755/FULL 60 – 63 Preston Street, Faversham, ME13 8PG

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

A Member raised concern that Members had agreed to the site meeting but only four had attended, he considered this to be a waste of Council money.

Resolved:  That application 17/501755/FULL be approved subject to conditions (1) to (17) in the report.

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 September 2017.

Tabled paper for item 2.4 The Old School, Dunkirk was published on Friday 15 September 2017.

PART 1

Any other reports to be considered in the public session

The Area Planning Officer explained that the recommendation was for a split decision with three of the signs being recommended for approval and the roof mounted sign being recommended for refusal.

The Chairman moved the officer recommendation for a split part approval and part refusal and this was seconded.

A Ward Member supported the officer recommendations and agreed that the roof mounted sign would have a detrimental impact.

Resolved:  That application 17/503041/ADV be part approved and part refused as follows:

Consent granted for 1 x internally illuminated wall-mounted sign; 1 x non-illuminated wall-mounted sign; and 1 x pole-mounted sign subject to conditions (1) to ( 10) in the report.

Consent refused for 1 roof-mounted sign for the reason set out in the Committee report.

PART 2

Applications for which PERMISSION is recommended

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

A Ward Member raised no objection. He raised concern that the Parish Council were not in attendance to support their reasons for refusing the application.

In response to a query from a Member, the Area Planning Officer considered that two replacement trees were adequate.

Resolved:  That application 17/503438/FULL be approved subject to conditions (1) to (4) in the report.

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

A Member raised concern about possible damage during construction to the hedging between the boundary of the site and the public open space area.  He asked whether a condition could be imposed to protect the area.

The Area Planning Officer stated that it would not be possible to impose a condition requesting this.  Any harm caused to the hedging would be a private legal matter between the owner of the open space and the developer.

A Member raised concern that the Parish Council were not present to support their reasons for refusing the application.

Resolved: That application 17/503660/FULL be approved subject to conditions (1) to (5) in the report.

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 following applications:

SW/08/1124 and SW/13/0568 153 London Road, Sittingbourne, Kent.

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 13 September 2017.

The Senior Planning Officer advised that the reports under Part 6 were confidential as they contained commercially sensitive information.

The Senior Planning Officer drew attention to an error in the summary on page one and also paragraph 3.01 on page five of the Committee report which referred to a 20% profit.  She explained that this should have read 18.5% profit, in-line with CBRE’s recommendation.  The argument for this was set out at paragraph 2.10 on page five of the Committee report.

In response to queries from a Member, the Senior Planning Officer explained that the Section 106 figures listed in paragraph 2.05 on page eight of the Committee report were the originally agreed figures, these had since been updated and the total developer contribution was £40,000.

The Ward Members spoke against the application and raised points which included: £31,000 would not contribute anything; had to deliver affordable housing within this scheme; and developer should provide a scheme that was viable as the site was in a desirable location.

Members considered the application and raised points which included: the Councils policy was to provide 10% affordable housing in Sittingbourne and we should not allow any less than that; did not accept that it was no longer viable for the developer to provide affordable housing; we should stay firm that if no affordable housing provided the application should be refused; if the site was not viable why had they already started work on it?; need to make a stand that if we say 10% affordable housing, we mean it; utter disgrace that the developers say they can not afford to provide affordable housing; we would not be able to support refusal at appeal as evidence has been provided that the development was not viable; terrible that affordable housing could not be provided but two assessments, one of which was independent had stated that it would not be viable and we had to accept that; the clause within Policy DM8 gave weight to the applicants case; and it was not the Councils problem that the applicant had made a loss on the land.

The Senior Planning Officer drew attention to a clause within Policy DM8, criteria C, which allowed the level of affordable housing to be reduced if justified under a viability assessment.  This  ...  view the full minutes text for item 233.

To consider the attached report (Part 6).

6.1 SW/13/0568 – 153-155 London Road, Sittingbourne

Resolved:  That the appendices be noted.

6.2 17/503687/FULL – Horseshoe Farm, Elverland Lane, Ospringe

The Development Control Manager drew attention to an error in the recommendation on paragraph four on the sixth line, and that the word ‘not’ should be removed. 

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 uses to cease and all items associated with residential use to be removed from the land within 12 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 and reasons thereof to give effect to this decision.

The meeting was adjourned at 7.10pm and reconvened at 7.13pm.

The Chairman announced that Adrian Truss the Senior Planning Solicitor (Locum) was retiring.

Members thanked Adrian for all his advice and wished him a very happy retirement.