Agenda and minutes

Venue: Council Chamber, - Swale House. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

1282.

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.

1283.

Minutes

To approve the Minutes of the Meeting held on 2 March 2017 (Minute Nos. 1214 - 1223) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 2 March 2017 (Minute Nos. 1214 – 1223) were taken as read, approved and signed by the Chairman as a correct record.

1284.

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

1285.

Planning Working Group

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

 

(2.4) 16/506986/FULL 116 Oak Lane, Upchurch, Kent, ME9 7AY

 

Minutes:

The Minutes of the Meeting held on 20 March 2017 (Minutes Nos. 1253 - 1254) were taken as read, approved and signed by the Chairman as a correct record.

 

16/506986/FULL – 116 Oak Lane, Upchurch, Kent, ME9 7AY

 

A Ward Member agreed with the concept of re-development of the site.  However, he raised concern with highway issues in relation to the proposed access being onto Oak Lane, and suggested that access should be onto Wallbridge Lane instead.  He stated that Oak Lane, with a width of four metres, was not wide enough, and from north to south, with the speed restriction sign being reverted from 30mph, to 60mph, vehicles started to speed up at this location.  He explained that requests had been made to have a highway scheme at this location.  He emphasised that good visibility was vital on this section of road, and reported that vehicles often mounted the pavement, as the road was so narrow.  The Ward Member explained that development at this site was not opposed, but he considered access at the proposed point onto Oak Lane was wrong.

 

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

 

Members considered the application and raised points which included:  landscaping impact of the development was questionable; not happy with the responses from Kent County Council (KCC) Highways and Transportation; this was a chance to make Oak Lane safer; the development would be more preferable if the access was onto Wallbridge Lane; it would be dangerous with access onto Oak Lane; acknowledged concerns from local residents, but the highway issues already existed; it was unfair that the developer was having to pay for additional mitigation measures, when the highway issues had been longstanding; the existing property could install a dropped kerb in any case; this was not much of an impact to what was already there, and with landscaping and footpath, the area could be improved; the road was dangerous and vehicles’ speed along it was excessive; suggest reducing the number of properties to two; this was not an ideal entrance/exit for the development; was the option of access onto Wallbridge Lane put forward?; would like to understand opportunities to improve the scheme; the site needed to be developed; the hedge-line impacted on visibility; suggest a warning sign be installed to warn of hidden exit; and if access was onto Wallbridge Lane, residents were unlikely to use the rear access for parking, further impacting on Oak Lane.

 

In response to a question, the KCC Highways and Transportation Officer explained that the definition of a dangerous road, was whether it had a crash history, and he reported that there was no crash history at this location.  He stated that on balance the scheme was preferable as it was, rather than access onto Wallbridge Lane, and the scheme would increase visibility for neighbouring properties.

 

In response to a question, the Area Planning Officer explained that the previous application had shown all three accesses onto Oak Lane, but  ...  view the full minutes text for item 1285.

1286.

Deferred Item pdf icon PDF 107 KB

To consider the following application:

 

16/507425/FULL – Land rear of Kaine Farm House, Breach Lane, Upchurch.

 

Members of the public are advised to confirm with Planning Services prior to the meeting that the application 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 29 March 2017.

Additional documents:

Minutes:

 

DEF ITEM 1 REFERENCE NO - 16/507425/FULL

APPLICATION PROPOSAL

Demolition of 7 farm buildings and erection of 6 detached houses and garages, associated SUDS ponds, landscaping and wildlife planting.

ADDRESS Land Rear Of Kaine Farm House Breach Lane Upchurch Kent ME9 7PH

WARDHartlip, Newington And Upchurch

PARISH/TOWN COUNCIL Upchurch

APPLICANT Mr T Ripley

AGENT Lander Planning

 

The Area Planning Officer reminded Members that the site was not in a sustainable location, and that proximity to the farm shop and local restaurants did not make it sustainable, and that he was unaware of any regular, frequent bus services.  He explained the importance of being consistent, and referred to Spade Lane, Hartlip where an appeal had been upheld by the Planning Inspector relating to sustainability, and advised that this site was in a broadly similar location in relation to shops and services.  One further letter of objection had been received which outlined the close proximity of one of the dwellings to the neighbouring property, its muck heap and horses.

 

Mrs Sarah Rees, an objector, spoke against the application.

 

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

 

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

 

Ward Members spoke in support of the application and raised points which included:  the design was sympathetic to the area; there was a variety of buildings/land uses (solar panels)  in the vicinity, and it would not be visible from many vantage points; the National Planning Policy Framework (NPPF) stated that Local Planning Authorities were expected to support small windfall sites; windfall sites were needed to make-up housing numbers; the Spade Lane Appeal had stated that some residents chose to live in rural areas, knowing the lack of services; there was a local bus service; this was a sustainable location, within walking distance of the local school; the present buildings were ‘tired’, with not a particularly agricultural function; and the proposal would soften the landscape by replacing large, solid, bulky buildings.

 

The Area Planning Officer referred again to the Spade Lane Appeal and reminded Members that the Planning Inspector had stated that most journeys would have to be by vehicle because of the nature/character of the lanes which were not conducive to pedestrians or cyclists.

 

Members considered the application and raised points which included:  would have thought that the distance to the farm shop would have made the location sustainable, the Planning Inspector had acknowledged this in the appeal; there were already permissions to build on the site; this was a nice scheme, but it set a precedent; this application was contrary to Swale Borough Council’s (SBC) policies; welcomed development in hamlets; and with changes in farming, more sites like this would become available.

 

The Area Planning Officer stated that in terms of the application setting a precedent, Members needed to consider that the site was in an unsustainable location.  Approval of the application gave the ‘green light’ to other rural sites, and it was not to be  ...  view the full minutes text for item 1286.

1287.

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 29 March 2017.

Additional documents:

Minutes:

PART 2

 

Applications for which PERMISSION is recommended

 

2.1       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

 

There was a tabled paper for this item which included amendments to the report and this had previously been emailed to Members.

 

The Senior Planner reported that KCC Highways and Transportation had requested that the developer contributed towards improvements to the Lower Road/Barton Hill Drive junction.  Three developments had so far contributed to the delivery of junction improvements, so it had been requested that this development contributed as well.  The sum of £1,006 per dwelling was therefore requested from the developer.  She advised that some land, proposed to be a new footway, belonged to the KCC Highways and Transportation and that a grampian-style condition would be imposed to ensure that the footway was provided prior to commencement of the development, rather than an obligation within a Section 106 Agreement.  KCC Highways and Transportation had advised that the plans needed to be amended to reflect the existing junction changes to the bell-mouth junction at Harps Avenue, and they had suggested that a 30mph speed limit be introduced before the junction with Elm Lane.  KCC Highways and Transportation also advised that access for drives onto Scocles Road would need to be considered at  the reserved matters stage, with vehicles exiting the drives in forward gear.  These accesses were not part of the outline submission.

 

The Senior Planner reported that the results of a recent traffic survey had been received on 30 March 2017, and this would be used to determine the visibility splays required for the proposed southern access.  KCC Highways and Transportation had identified a potential pinch-point on Scocles Road, because of a telegraph pole, so the road would need to be widened

 

Delegation was sought to approve the application, subject to ensuring that all outstanding highway matters were addressed in consultation with KCC Highways and Transportation, with any additional conditions or obligations recommended by them.

 

Parish Councillor Peter Macdonald, representing Minster Parish Council, spoke against the application.

 

Mrs Julie Bird was not present at the meeting.

 

Mr Mick Drury, the Agent, spoke in support of the application.

 

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

 

Ward Members raised points which included:  concerned with the pinch-point on Scocles Lane; there was no parking facility for plot 47; this site was in an important Countryside Gap; 62 dwellings was over-intensive for the site; it would have a cumulative adverse effect on the landscape and the infrastructure; development of Minster was a sprawling mass of houses which had decreased the quality of life; traffic congestion issues; the indicative layout showed a lack of space for the housing, and parking at the rear was not ideal, with on-street parking causing obstruction; there were no safe  ...  view the full minutes text for item 1287.

1288.

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.

 

 

1289.

Report of the Head of Planning Services

To consider the attached report (Part 6).

Minutes:

6.1       Ref 15/501068/CHANGE – 17 Bobbing Hill, Bobbing

 

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 activity to cease within three 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.