Agenda and minutes

Venue: Council Chamber, - Swale House. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

162.

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.

163.

Minutes

To approve the Minutes of the Meeting held on 20 July 2017 (Minute Nos. 111 - 117) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 20 July 2017 (Minute Nos. 111 – 117) were taken as read, approved and signed by the Chairman as a correct record.

164.

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 Cameron Beart declared an interest in respect of item 6.1 16/505645/FULL Land at Warden Road rear of Orchard Cottage, Dicksons Walk, Eastchurch.  Councillor Beart did not speak or vote on this item.

165.

Planning Working Group

To approve the Minutes of the Meeting held on 7 August 2017 (Minute Nos. to follow).

 

SW/17/502213/FULL – Mill Farm House, Otterham Quay Lane, Upchurch, Nr Sittingbourne, Kent, ME8 7XA.

Minutes:

SW/17/502213/FULL – Mill Farm House, Otterham Quay Lane, Upchurch, Nr Sittingbourne, Kent, ME8 7XA

 

The Minutes of the Meeting held on 7 August 2017 (Minute Nos. 158 – 159) were taken as read, approved and signed by the Chairman as a correct record.

 

The Area Planning Officer reported that he had received a further representation from the occupier of the adjacent dwelling, raising the following points: the proposed development was dis-proportionally large at 7 metres high; unsuitably located on the highest point on the land, and at approximately 40 to 50cm, too close to their common boundary to allow safe construction or maintenance; all of those factors would have an adverse effect on their residential amenity; appreciated the observation that the proposed building was some 44 metres from their house, but against this must be set the fact that it sits on land some 2 metres higher, thus increasing the apparent size and effect on the enjoyment of their house and garden; fail to see the need for a home office of some 13 x 6 metres, particularly given the size of the main house, and also currently not clear what the intended purpose of this space was, and if it was to be used as a research space for the development and testing of exhaust extraction systems as was explained at the planning meeting held on 20 July 2017, then did this still qualify as a home office?; they were concerned that this use would lead to an increase of business vehicles using the driveway, which ran along the length of their garden, to deliver the necessary plant.  They considered that those vehicles would also have to exit onto the highway on a blind bend via their shared driveway and that this, as well as any noise generated by the equipment, would also have a detrimental effect on the enjoyment of their garden.

 

The Area Planning Officer reported that they had also stated that at the meeting on 20 July 2017, it was explained that the kitchen and bathroom facilities were needed to cater for the needs of the applicant’s brother, who had Multiple Sclerosis and would eventually need a wheelchair, in order that he could provide IT consultancy to the applicant’s company.  Access to the proposed first floor would be via an external staircase.  Given that situation, would a ground floor facility not be more suitable?  They had no objection to the principle of a garage block, but they did object to the second floor of the proposed building.  They would be quite happy to see a single storey-building, constructed far enough away from the boundary to allow safe construction and maintenance and asked that the proposal be rejected.

 

The Area Planning Officer stated that with regard to the objection, Members would note that it largely reiterated the objections already set-out in the report to the previous meeting.  He stated that with regard to the use of the first-floor of the proposed building, Members may  ...  view the full minutes text for item 165.

166.

Deferred Item pdf icon PDF 168 KB

To consider the following applications:

 

16/506986/FULL  116 Oak Lane, Upchurch

 

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 16 August 2017.

Minutes:

 

 

 

Def Item 1     REFERENCE NO - 16/506986/FULL

APPLICATION PROPOSAL

Demolition of no. 116 Oak Lane and construction of 2 no. three bedroom houses and 1 no. four bedroom with associated garages and parking.

ADDRESS 116 Oak Lane Upchurch Kent ME9 7AY  

WARD  Hartlip, Newington and Upchurch

PARISH/TOWN COUNCIL Upchurch

APPLICANT Gransden Construction

AGENT Kent Design Partnership

 

This item was withdrawn from the Agenda.

 

 

167.

Schedule of Decisions pdf icon PDF 45 KB

To consider the attached report (Parts 2 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 16 August 2017.

 

Tabled papers for Items 2.3 and 2.4 uploaded Friday 18 August 2017.

Additional documents:

Minutes:

PART 2

 

Applications for which PERMISSION is recommended

 

2.1       REFERENCE NO – 17/503447/FULL

APPLICATION PROPOSAL

Conversion of garage into additional living accommodation with associated external alterations (part-retrospective).

ADDRESS 3 Orchid Close, Minster-on-Sea, Kent, ME12 3HH.

WARD

Sheppey Central

PARISH/TOWN COUNCIL Minster-on-Sea

APPLICANT Miss Gemma Hoffman

AGENT  DHA Planning Limited

 

                                                      

Mrs Rebecca Foad, the Agent, spoke in support of the application.

 

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

 

Members considered the application and raised points which included: disappointed that the Parish Council were not present to explain their objections to the application; there were parking problems in the locality but the property’s garage could not be used as a garage, so seemed common sense to allow for living accommodation; would not lead to an increase in noise levels; and was wholly acceptable.

 

Resolved:  That application 17/503447/FULL be approved subject to conditions (1) and (2) in the report.

 

2.2       REFERENCE NO -  17/502743/FULL

APPLICATION PROPOSAL

Installation of timber gates (Retrospective)

ADDRESS Tevrin, The Street, Hartlip, Sittingbourne, Kent, ME9 7TH.

WARDHartlip, Newington and Upchurch

PARISH/TOWN COUNCIL

Hartlip

APPLICANT Mr Collins and Miss Higglesden

AGENT Kent Design Studio Ltd

 

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

 

A Ward Member raised no objection.

 

Resolved: That application 17/502743/FULL be approved.

 

 

2.3       REFERENCE NO – 17/501755/FULL 

APPLICATION PROPOSAL

Part retrospective application for the change of use of ground floor to accommodate an A1 (retail) or A2 (financial and professional)  or A3 (restaurant area), and the retention of A5 (takeaway); conversion of ground, first and second floors to create 8no. Apartments; part rear demolition, erection of extension to second floor to form staircase, the further conversion of the rear of building to form 3no. Apartments with associated side extension, external alterations and creation of parking and cycle spaces.

ADDRESS 60-63 Preston Street Faversham Kent ME13 8PG  

WARD Abbey

PARISH/TOWN COUNCIL

Faversham Town

APPLICANT Mr Roland Yeung

AGENT Cook Associates Design Studio LLP

 

The Major Projects Officer drew attention to the tabled update which had previously been emailed to Members. 

The Chairman, also a Ward Member, raised concern about the dilapidated state of the site and the access from Union Street.

Councillor Bryan Mulhern moved a motion for a site meeting.  This was seconded by Councillor Bobbin.  On being put to the vote the motion was agreed.

Resolved:  That application 17/501755/FULL be deferred to allow the Planning Working Group to meet on site.

2.4       REFERENCE NO - 17/500727/OUT

APPLICATION PROPOSAL

Outline application for residential development for up to 50 dwellings with access off Chestnut Street (All others matters reserved) as amended by drawings received 31/05/2017.

ADDRESS Manor Farm, Key Street, Sittingbourne, Kent, ME10 1YU

WARD

Borden and Grove Park

PARISH/TOWN COUNCIL

Borden

APPLICANT Balmoral Land (UK) Ltd

AGENT

 

The Major Projects Officer drew attention to the tabled paper, which had previously been emailed to Members, and which included responses from the Environmental Protection Team Leader (EPTL), the Kent  ...  view the full minutes text for item 167.

168.

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.

 

169.

Schedule of Decisions

To consider the attached report (Part 6).

Minutes:

6.1 16/505645/FULL – Stationing of mobile home with associated fencing and formation of access track on land at Warden Road, rear of Orchard Cottage, Dicksons Walk, Eastchurch.

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 caravan and fencing from the site, and removal of the hardcore access track and reinstating it to its original condition 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 16/500928/OPDEV – Fencing at 25 Saxon Shore, Sittingbourne, Kent, ME10 2UP 

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 fence within one month 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 16/500921/CHANGE – Storage of motor vehicles at 34 Coronation Crescent, Queenborough, Kent, ME11 5ES  

 

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 cessation of the use of the land for the storage of motor vehicles not incidental to the enjoyment of the dwelling within one month 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.

 

6.4 16/500797/OPDEV – Outbuilding at rear of 40 Alma Street, Sheerness, ME12 2AX  

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 cessation of the use of the land and the building to be demolished 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.

 

6.5 16/500953/CHANGE – Erection of outbuilding to rear of Goldstone, Augustine Road, Minster-on-Sea

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 demolition of the building 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.

 

6.6  Land at Mill Farm House, Otterham Quay Lane, Upchurch

 

Following the refusal  ...  view the full minutes text for item 169.

170.

Adjournment of Meeting

Minutes:

The meeting was adjourned at 7.25pm and reconvened at 7.30pm.