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 2 February 2017 (Minute Nos. 1174 - 1178) as a correct record.

The Minutes of the Meeting held on 2 February 2017 (Minute Nos. 1174 - 1178) 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 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.

Councillor Mike Baldock declared an interest in respect of item 3.5 16/507425/FULL Land rear of Kaine Farm, Breach Lane, Upchurch.  Councillor Baldock did not speak or vote on the item.

To approve the Minutes of the Meeting held on 20 February 2017 (Minute Nos. to follow).

16/501552/FULL – Winterbourne Wood Quarry, Jezzards Lane, Dunkirk, ME13 9PH

16/508023/FULL – 10 Western Avenue, Halfway, Sheerness, Kent, ME12 3BS

The Minutes of the Meeting held on 20 February 2017 (Minute Nos. 1203 – 1205) were taken as read, approved and signed by the Chairman as a correct record.

16/501552/FULL – Winterbourne Wood Quarry, Jezzards Lane, Dunkirk

The Area Planning Officer reported that further to concerns raised at the site meeting in respect of the dumping of concrete waste on the site, the applicant’s agent reported that some “clean waste” material had been deposited on the site some years ago to aid vehicle movement on the site.  He had noted that there was still water in the ‘Winterbourne’ providing some surface water runoff mitigation.  The applicant was willing to remove any debris from the site and agreed to a condition being imposed in relation to drainage for the proposed properties. 

The Area Planning Officer further reported following concerns from residents about the possibility of further applications at the site, the applicant had confirmed that areas of landscaping to the north and south of the application site would be included in the Unilateral Undertaking (UU), and would be kept as meadow and woodland copse in perpetuity.  The applicant had provided a plan to demonstrate this, which the Area Planning Officer displayed for Members.  The Area Planning Officer stated that officers were happy that this would effectively sterilise those sections of the site from further development.

The Area Planning Officer reported, that with regards to a query from a Member at the site meeting relating to the ownership or leasing of the land by the Kent Wildlife Trust, the applicant had confirmed that it was the applicant’s intention to maintain the freehold of the woodland areas.  This was dealt with at paragraph 4.2.9 of the draft UU, which highlighted that the ‘blue land’ would be kept in perpetuity as woodland and the management of the area would be handed-over to an appropriate management body. 

A Ward Member stated that he was not happy to support the application unless the necessary legal agreements were in place to ensure that no further building took place on the site.

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

Members considered the application and raised points which included: disappointment that the freehold of the land would not be transferred; protection of the land from further development was not guaranteed; needed to consider what was best for the area to ensure the rest of the site was protected; happy to support the application with the proviso that the ‘blue land’ would be protected, a condition to prevent flood risk, and the ‘green land’ on the plan would be protected from further development; a lease was as good as freehold; and would not be supporting as felt like the applicant was ‘holding a gun to our head’.

A Ward Member asked whether it would be possible for a one-way system to be implemented coming up Jezzards Lane and down Scoggers Hill.  The Area Planning Officer advised that it would not be possible to  ...  view the full minutes text for item 1217.

To consider the following applications:

16/505280/OUT – Land at Swale Way, East Hall Farm, East Hall Lane, Sittingbourne

16/507789/FULL – Howt Green, Sheppey Way, Bobbing

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 1 March 2017.

The Senior Planning Officer reported that the applicant had advised that they had lodged an appeal against non-determination of the application.  The Planning Inspectorate had confirmed that the appeal was received on Tuesday 28 February 2017.  The Senior Planning Officer explained that as such, Members would not be able to determine the application as it was now within the remit of the Planning Inspectorate.  Members were therefore asked for their decision on how they would be minded to determine the application.

The Senior Planning Officer further reported that in respect of the transfer of the community hall land to the Council, this was no longer an option and she had been informed that the transfer was now imminent and that the solicitor had confirmed that the current landowner would not allow the restrictive covenant to be changed to allow a community shop on that land.  However, the landowner had verbally indicated that they may be willing to reconsider this in the future.  The Senior Planning Officer advised that in terms of the planning application, she did not consider the verbal indication from the landowner provided her with the confidence that would be necessary to pursue the option of a community shop on that land.  Therefore, officers recommended that the application be refused.

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

Mr Trevor Grain, an objector, spoke against the application.

Ward Members spoke against the application and raised the following points: local residents had been treated in a ‘diabolical’ way; local residents had been waiting 10 years for roads and street lighting to be completed and had been misled; a firm agreement was required from the applicants to build a shop on the application site and if this fails to attract a commercial retailer after marketing, then the shop be handed-over to residents with a three year salary for the manager of the shop; and would only support if the agreed amenities were provided.

Members considered the application and raised points which included: there was a long history of developers not building amenities on housing estates;  the small parade of shops on the Sonora Fields, Sittingbourne estate were always busy; do not accept that a shop would not be viable; officers needed to send back a clear signal to the developer that we are not for moving; the developer needs to agree to provide a shop on the application site and if this fails to attract a commercial retailer after marketing, then the shop be handed-over to residents with a three year salary; who does the  ...  view the full minutes text for item 1218.

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 1 March 2017.

Tabled paper published on 6 March 2017 for Deferred item 2 16/507789/FULL Howt Green, Sheppey Way, Bobbing.

PART 2

Applications for which PERMISSION is recommended

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

Mrs Klaire Lander, the Agent, spoke in support of the application.

Members considered the application and raised points which included: disappointed the Parish Council were not present to defend their reason for refusal; congratulate officers and the applicant on a subtle and sympathetic application; and shame that the application was not in two parts as consider the extension acceptable, but not the outbuilding.

Resolved:  That application 16/508465/FULL be approved subject to conditions (1) to (5) in the report.

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

Mr Ian Mynott, the Applicant, spoke in support of the application.

Members considered the application and raised points which included: disappointed the Parish Council were not present to defend their reason for refusal; and congratulate the applicant for engaging in dialogue with officers.

Resolved: That application 16/506511/FULL be approved subject to conditions (1) to (7) in the report.

The Area Planning Officer reported that Doddington Parish Council were in support of the application but had requested that the mast be disguised.  The Parish Council were concerned that the mast would be a lot higher than the surrounding trees and considered that a tree disguise would soften the look and blend-in.

The Area Planning Officer advised that the applicant’s agent had responded to the Parish Council request and considered: the lattice structure created a permeable structure allowing views through the installation; the monopole single column structure would appear more incongruous from distances; and the galvanised colour would be considered the most appropriate with the antenna and headframe blending-in with the colour of the sky.

The Area Planning Officer stated that he did not consider the mast would be an issue and if the mast was disguised as a tree it would look out of place, particularly as the nearby trees were deciduous.  He considered the mast was  ...  view the full minutes text for item 1219.

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).

PART 6

6.1 16/507278/FULL – 1 Fallowfield, Sittingbourne

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 garage extension 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.

6.2  15/500237/OPDEV – 83 Chatsworth Drive, Sittingbourne, Kent, ME10 1TW

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 dormer window, rear facing first floor doors and balcony 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  Gypsy and Traveller Sites

16/503982/FULL – Graces Place, Homestall Road, Doddington, Kent, ME9 0HF

15/509545/FULL – Hill Top Farm, Elverland Lane, Ospringe, Kent, ME13 0SP

16/505471/FULL – The Meads Farm, Elverland Lane, Ospringe, Kent, ME13 0SP

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 not 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 thereof to give effect to this decision.

The meeting was adjourned at 9.30pm and reconvened at 9.37pm.

At 10pm and 10.29pm Members agreed to the suspension of Standing Orders in order that the Committee could complete its business.