Agenda and minutes

Venue: Council Chamber, - Swale House. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

314.

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.

315.

Minutes

To approve the Minutes of the Meeting held on 12 October 2017 (Minute Nos. 274 - 283) as a correct record, subject to amending the wording on Item 2.2, 5 Park Avenue, Sittingbourne to read ‘Mr Mark Joyce, an objector, spoke against the application.’

Minutes:

The Minutes of the Meeting held on 12 October 2017 (Minute Nos. 274 – 283) were taken as read, approved and signed by the Chairman as a correct record, subject to amending the wording to Item 2.2, 5 Park Avenue, Sittingbourne to read ‘Mr Mark Joyce, an objector, spoke against the application.’

316.

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 Ken Ingleton declared a Disclosable Non-Pecuniary Interest in respect of Item 3.1, 16/505002/FULL, 70 High Street, Blue Town, Sheerness, as he was a Trustee of the adjacent building.

317.

Planning Working Group

To approve the Minutes of the Meeting held on 30 October 2017 (Minute Nos. to follow).

 

To consider applications:

 

17/502405/FULL – 5 Park Avenue, Sittingbourne, ME10 1QX

 

17/502909/OUT – 47 Brier Road, Borden, ME10 1YJ

 

Minutes:

 

The Minutes of the Meeting held on 30 October 2017 (Minute Nos. 303 – 305) were taken as read, approved and signed by the Chairman as a correct record.

 

17/502405/FULL – 5 Park Avenue, Sittingbourne, ME10 1QX

 

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

 

Following the site visit, Members raised points which included:  the new dwelling and garden would be very small; tandem parking would not work on this application and there would be two entrances out onto a narrow road; this was garden-grabbing; the application was too large for the site; the dwelling would be overbearing on the surrounding properties; although the proposed dwelling appeared to be ‘squeezed in’, the existing garden was long; the size of the garden for the new dwelling was adequate and met Swale Borough Council’s (SBC) requirements; did not consider the new dwelling was overbearing to other properties; and there had been no objections on planning grounds.

 

Resolved:  That application 17/502405/FULL be approved subject to conditions (1) to (14) in the report.

 

17/502909/OUT – 47 Brier Road, Borden, ME10 1YJ

 

The Development Manager reported that Kent County Council (KCC) Highways and Transportation had advised that re-location of the lamppost would be through an application to them, and this would be at the applicant’s expense.  KCC Highways and Transportation had also requested an Informative on the highway issues at the site.

 

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

 

A Ward Member spoke against the application and made the following comments:  the site visit indicated that the proposal was unrealistic;  the entrance to the property was awkward; this was not a sensible location for a house; the new dwelling would overlook other properties, and would have a negative impact on No. 45; this was overdevelopment and it had an overbearing nature; and there were clear planning grounds to refuse the application.

 

A second Ward Member spoke against the application and made the following comments:  there was local discontent for the proposal; it would have a negative impact on parking in the area; the topography was unsuitable for the development; it would have a negative impact on nearby properties and the highway; this was an unsuitable location; and it was overbearing.

 

Members raised points which included:  did not consider it to be overbearing, as once the land had been cut into, this would lower the height of property; this was not a parking area, it was a turning circle; concerned with cutting into the earth, with the resulting potential flooding risk; and a condition could be implemented to address flooding issues.

 

In response to a question, the Development Manager advised that there was not a potential flooding risk from the proposed development, but a risk of water run-off.  He reminded Members that this was an outline application and advised that drainage issues could be addressed by way of an appropriate condition.

 

On being put to the vote, the motion to approve the application  ...  view the full minutes text for item 317.

318.

Schedule of Decisions pdf icon PDF 46 KB

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

 

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 8 November 2017.

Additional documents:

Minutes:

PART 2

 

Applications for which PERMISSION is recommended

 

2.1       REFERENCE NO - 17/502419/FULL

APPLICATION PROPOSAL

Proposed single storey side extension to provide utility room and storage room and new porch/canopy.

ADDRESS 50 Southsea Avenue, Minster-on-sea, Sheerness, Kent ME12 2JX 

WARD Minster Cliffs

PARISH/TOWN COUNCIL Minster-On-Sea

APPLICANT Mr Moon

AGENT Mr Jonathan Williams

 

The Area Planning Officer reported that there was an error in the description of the application on page 1 of the report.  It should have included retrospective planning permission for the conversion of the garage.  He advised that neighbours had been re-consulted on this basis.  Minster Parish Council objected to the application as set out in the report.

 

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

 

Mr Steven Moon, the Applicant, spoke in support of the application.

 

A Ward Member spoke against the fact that part of the application was retrospective.  He acknowledged the comments in paragraph 8.04 of the report, and supported the application.

 

Resolved: That application 17/502419/FULL be approved subject to conditions (1) to (3) in the report.

 

2.2       REFERENCE NO -  17/503778/FULL & 17/503779/LBC

APPLICATION PROPOSAL

Conversion of existing building into 4 self contained flats and storage area.  New windows to be installed in new first floor kitchens.

ADDRESS 124 East Street, Sittingbourne, Kent ME10 4RX  

WARD Roman

PARISH/TOWN COUNCIL

APPLICANT Ashvin Properties LTD

AGENT Mr Ken Crutchley

 

The two applications were considered at the same time.

 

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

 

Mr Kapoor, the Applicant, spoke in support of the application.

 

A Ward Member explained that he had previously had concerns with parking provision on the application site.  Following the statement from the applicant, he supported the application.

 

Members raised points which included:  concerned that the listed building had not been sympathetically updated in the past; welcomed the re-development and the potential to smarten up that part of the street; this gave the building a new lease of life; it would provide homes; needed to realise that parking was sometimes not practical; the building should be de-listed; and concerned with parking, but it did meet the County parking standards.

 

A Member stated that the sentence in paragraph 8.10 should read: ‘…unrealistic to remove this element….’.

 

In response to a question, the Area Planning Officer advised that previous works on the building had been done over a period of time, prior to the current applicant’s ownership.  He considered that in terms of the building being listed, its value was minimal.  It would be unfair to serve an Enforcement Notice on the current owner, and impossible to get evidence for a prosecution on the previous owner(s).  However, he advised that over-time the building could be improved, and this application facilitated a small start to the improvement.

 

Resolved:  That application 17/503778/FULL be approved subject to conditions (1) to (3) in the report.

 

Resolved:  That application 17/503779/LBC be approved subject to conditions (1) and (2) in the report.

 

2.3       REFERENCE NO -  ...  view the full minutes text for item 318.

319.

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 1, 2, 3, 4, 5, 6 and 7 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.

 

 

320.

Schedule of Decisions

To consider the attached report (Part 6).

Minutes:

6.1    REF: 14/502055/FULL - Two storey side extensions to both sides of dwelling, a roof extension and loft conversion with associated dormers and roof lights, together with a detached garage and workshop with first floor play room and washroom to the front of the property at 6 Park Avenue, Sittingbourne, ME10 1QX

 

The Area Planning Officer reported that the planning application was still invalid.  The deadline for submission of a valid application was 23 November 2017.  He advised that a Ward Member objected to the development.

 

Members considered the applicant had flouted the planning system.  In response, the Area Planning Officer explained that it was not possible to take enforcement action simply because the works were unauthorised.  It was necessary to identify the harm that the development had created.


Resolved:  That the matter be brought back to the Planning Committee in January 2018 if the planning application had not been registered by 23 November 2017.