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 23 September 2015.

PART 2

 

Applications for which PERMISSION is recommended

 

2.1       REFERENCE NO -  15/504083/FULL
APPLICATION PROPOSAL Erection of a single storey rear extension and detached garage to side as amended by drawings RVS-0515-02 Sheets 1 and 2 Revision C received 7 September 2015.
ADDRESS Potters Corner, Dawes Road, Dunkirk Kent ME13 9TL
WARD Boughton & Courtenay	PARISH/TOWN COUNCIL Dunkirk	APPLICANT Mr And Mrs C Reeves AGENT CJS Design Services

 

Councillor Peto, representing Dunkirk Parish Council, spoke against the application.

 

The Chairman moved the officer’s recommendation for approval and this was seconded.

 

A Ward Member objected to the application and considered as the roads were narrow, that KCC Highways should have commented.  In response, the KCC Highways Officer confirmed that the application did not have the criteria for it to be considered by KCC Highways and that Planning Officers were considered competent enough to determine the effects of any highway issues on this size of development.

 

Another Ward Member considered there should be comments from Planning Officers on highway matters within the report.  He sought clarification on the parking spaces.  The Ward Member considered the road at this point to be busy and dangerous, and that the development was overintensive.

 

The Area Planning Officer explained that the width of the parking area was sufficient in this case where vehicles were likely to park more closely together than they would do if it was a public car park.  He confirmed that it was likely that one car would park in the garage and two outside.

 

Resolved:  That application 15/504083/FULL be approved subject to conditions (1) to (3) in the report.

 

2.2       REFERENCE NO - 15/502969/FULL
APPLICATION PROPOSAL Additional garaging with hobby workshop and domestic storage over
ADDRESS Fairlea Warden Road Eastchurch Kent ME12 4EX
WARD Sheppey Central	PARISH/TOWN COUNCIL Eastchurch	APPLICANT Mr Malcolm Magenty AGENT Kent Design Partnership

 

This application was considered at the reconvened meeting on 29 September 2015.

 

2.3       REFERENCE NO - 15/502729/FULL
APPLICATION PROPOSAL Retention of two replacement chalets, nos. 84 and 85 (retrospective)
ADDRESS Seaview Holiday Park, Warden Bay Road, Leysdown Kent ME12 4NB
WARD Leysdown & Warden	PARISH/TOWN COUNCIL Leysdown	APPLICANT Wickland (Holdings) Ltd AGENT Forward Planning And Development Ltd

           

A Ward Member spoke against 12 month occupancy at the site.

 

The Development Manager outlined the history of the site and explained that the previous Lawful Development Certificate established that there was no occupancy condition on chalet nos. 81-89, as reported in paragraph 8.04 in the report.

 

The Chairman moved the officer recommendation for approval and this was seconded.

 

 Resolved:  That application 15/502729/FULL be approved (no conditions required).

 

2.4       REFERENCE NO - 15/505666/FULL
APPLICATION PROPOSAL Demolition of existing outbuilding. Proposed change of use of existing outbuildings to form two holiday lets with additional onsite parking provision, as amended by drawing 14/2520/2B received 7 September 2015
ADDRESS Bourne Place Stockers Hill Rodmersham Kent ME9 0PJ
WARD West Downs	PARISH/TOWN COUNCIL Rodmersham	APPLICANT Mr And Mrs Tim Bishop AGENT Nigel Sands And Associates

 

Mr Matthew Pamplin, an objector, spoke against the application.

 

The Ward Member spoke against the application.  She referred to paragraph 9.02 in the report and raised concern with highway issues and parking on the blind bend.  The Ward Member read out a letter from Kent Police which also raised serious issues of parking on the road, pedestrians unable to use the footpath because of parked cars, and the road becoming a single carriageway because of parked cars on the blind bend.  She considered this was not a suitable location for holiday lets due to access issues to the properties, and raised safety issues due to lack of accessibility to emergency vehicles.  If the application was approved, the Ward Member requested that parking restrictions be put in place to stop parking to the front because of the dangerous access.  She sought clarification of gating/access.

 

The Chairman moved the officer recommendation for approval and this was seconded.

 

Councillor Mike Henderson moved a motion for a site meeting and this was seconded by Councillor Peter Marchington.  On being put to the vote the motion was agreed.

 

A Member requested that more details be provided in terms of a full parking area drawing.

 

Resolved:  That application 15/505666/FULL be deferred to allow the Planning Working Group to meet on site.

 

2.5       REFERENCE NO - 15/505662/FULL
APPLICATION PROPOSAL Erection of two storey side extension with light lantern, roof extension, creation of basement, insertion of lift, erection of porch, insertion of Hydrotherapy Pool and changes to fenestration and doors.
ADDRESS Kennelling House Kennelling Road Stalisfield Kent ME13 0JQ
WARD East Downs Ward	PARISH/TOWN COUNCIL Stalisfield	APPLICANT Mr David Breaker AGENT Cyma Architects Ltd.

 

This application was considered at the reconvened meeting on 29 September 2015.

 

2.6       REFERENCE NO - 15/504681/FULL
APPLICATION PROPOSAL Erection of rear garden fence.
ADDRESS 13 Preston Park Faversham Kent ME13 8LH
WARD Watling	PARISH/TOWN COUNCIL Faversham	APPLICANT Mr Nigel Kay AGENT FDA Chartered Architects

 

This application was considered at the reconvened meeting on 29 September 2015.

 

2.7       REFERENCE NO - 15/505252/FULL
APPLICATION PROPOSAL Variation of conditions 1 and 2 of APP/V2255/C/11/2167577 - to remove reference to "a limited period being the period of 4 years from the date of this decision" from condition 1; and "or at the end of 4 years" from condition 2.
ADDRESS Horseshoe Farm Elverland Lane Ospringe Kent ME13 0SP
WARD East Downs Ward	PARISH/TOWN COUNCIL Ospringe	APPLICANT Mr Alfred Willet AGENT Philip Brown Associates

 

This application was considered at the reconvened meeting on 29 September 2015.

 

2.8 REFERENCE NO -  15/503291/FULL
APPLICATION PROPOSAL Construction of a 3-bedroom 2 1/2 storey house with detached single garage and laundry room and parking spaces
ADDRESS 59 The Leas Minster-on-sea Kent ME12 2NL
WARD Minster Cliffs	PARISH/TOWN COUNCIL Minster	APPLICANT Mr Colin Overington AGENT Kent Design Partnership - Architect

 

This application was considered at the reconvened meeting on 29 September 2015.

 

2.9       REFERENCE NO - 15/506681/FULL
APPLICATION PROPOSAL Removal of condition 39 (requirement to complete open space - linear park and waterside park, prior to occupation of residential units) of SW/11/0159  - outline planning application for leisure and community buildings, 150 residential units; and incorporating detailed planning permission for a retail food store and petrol filling station.
ADDRESS Sittingbourne Mill & Wharf Sites, Land Adj Milton Road, Mill Way and Charlotte Street, Sittingbourne Kent ME10 3ET
WARD Chalkwell	PARISH/TOWN COUNCIL	APPLICANT Essential Land (Sittingbourne) Ltd AGENT Winckworth Sherwood LLP

 

A Ward Member raised concern with various aspects of the application that the developers had, in his assessment, reneged on, and now specifically that there may not be any green areas on the site.

 

Resolved:  That application 15/506681/FULL be approved subject to conditions (1) to (56) in the report.

 

2.10    REFERENCE NO -  14/504619/FULL
APPLICATION PROPOSAL Demolition of existing structures and erection of a restaurant/public house, associated residential accommodation, car park, access, landscaping and ancillary works.
ADDRESS Macknade Garden Centre Canterbury Road Faversham Kent ME13 8LX
WARD Watling	PARISH/TOWN COUNCIL Faversham	APPLICANT Marston's Plc AGENT Mr Alan Hughes

 

Councillor Bryan Mulhern left the Chair for this item.  Councillor Andy Booth took the Chair.

 

The Area Planning Officer reported that following amended plans, Faversham Town Council, after initially raising no objection, now objected to the application.  They considered it would have an adverse effect on the vitality of the town centre; it would be harmful to the listed building and garden wall at Macknade Manor; and it would result in a significant increase in traffic at the junction of Canterbury Road and Selling Road.

 

The Agent had responded to the new comments and had stated that the application was fully supported by national policy and had met all criteria on town centres, listed buildings and highways.

 

The Area Planning Officer reported that two further letters of objection had been received and he outlined their comments as follows: this was overdevelopment of the site; impact on Read’s Restaurant from the noise; possible abuse of Macknade Farm Shop parking; traffic had limited visibility to the east at the junction of the A2; it should be within walking distance of the town centre; and it will only attract passing trade.

 

The Environmental Health Manager had no objection to the application and considered noise levels would not have a substantial impact on amenity, subject to the recommendations in the noise report being adhered to.

 

The Area Planning Officer advised that the Planning Consultant had suggestedrevised wording to some of the conditions as below:

 

Condition 11 -  that the BREEAM certificate be submitted within 6 months of the opening of the premises for practical reasons, in order to finish the necessary report.

 

Condition 14 – that the condition be amended to require that the noise mitigation measures adhere to the recommendations of the report, not simply to prevent nuisance, which would be far easier to measure or prove, and be more enforceable.

 

Condition 25 – that the access be required to be finished before the premises open to the public to save construction traffic damaging the finished arrangements.

 

He recommended these conditions be changed under delegated powers.

 

Mr Ben Martin, a supporter, spoke in support of the application.

 

Mr Pritchard, an objector, spoke against the application.

 

Mr John McElholm, the Agent, spoke in support of the application.

 

The Chairman moved the officer recommendation for approval and this was seconded.

 

A Ward Member spoke against the application.  He supported the site being developed but considered this was not the right development.  He wanted the rural integrity of the site to be preserved and raised the following points:  there were already traffic issues in the area, this would make them worse; parking problems; pubs in the town centre already supplied food, and had family facilities; impact on neighbouring listed buildings; noise issues late at night; and 1am was unacceptable as a closing time.

 

Members made the following comments:  this should be located in the town centre so that customers could walk to it; pubs outside towns were closing down; and local objectors should be taken into consideration.

 

In response to a question, the Conservation Officer explained that Macknade Manor was a very important complex, and the walled garden was very special.  He stated the development would have an impact on the listed building and wall and their setting, and would be visible from the complex and there would be a noise impact.  He explained that it was important to determine harm versus regeneration and whether it was appropriate to this setting.

 

Further comments from Members included:  there needed to be more information on the listed building; this application would cause substantial harm, and not much public benefit; concerned with impact on a listed building; 7.30am was too early for  the start of construction work; apprentices should be employed on the site; the site had been a mess for years; this could provide something Faversham had not got, a passing-trade pub; this was a good use of the site; impact on listed building was important, but the wall was high so this could address that; this would have an impact on the guests staying at Reads; concerned that access to site was by vehicle only; additional traffic on Selling Road; outside noise in a pub was horrific; and this was sited in the wrong location.

 

In response to a question, the Area Planning Officer advised with reference to the National Planning Policy Framework guidance on substantial harm against public benefits, the site had been derelict for 10 years and there had been a struggle to find anything that could be sited there.

 

Councillor Mike Henderson moved the following amendment:  That the opening times be amended to 10am to midnight throughout the week.  This was seconded by Councillor James Hunt and the amendment was agreed by the Committee.

 

A Member from an adjoining Ward spoke against the application.  He considered the effect on the listed building would be dreadful; there was already a wide choice of pubs in Faversham; and passing trade was not needed, people should be encouraged into the town centre.

 

The Area Planning Officer confirmed that the noise report was related to outside noise such as extractor fans; delivery vehicle noise, etc.

 

On being put to the vote, the motion for approval was lost.

 

Councillor James Hunt moved the following motion:  That the application be refused on the grounds that the development would give rise to substantial harm to heritage assets that were not outweighed by any benefit, and a detrimental impact on an area that was generally rural.  This was seconded by Councillor Mike Dendor and on being put to the vote the motion was agreed.

 

Resolved:  That application 14/504619/FULL be refused on the grounds that the development would give rise to substantial harm to heritage assets that were not outweighed by any benefit, and a detrimental impact on an area that was generally rural.

 

2.11 & 2.12    REFERENCE NO -  15/504978/FULL & 15/504979/LBC
APPLICATION PROPOSAL Erection of rear extension with glass roof, erection of garage to side, conversion of loft with insertion of dormer window to front elevation and various internal alterations as amended by drawings received 25 August 2015.
ADDRESS Wreights Cottage The Mall Faversham Kent ME13 8JL
WARD Watling	PARISH/TOWN COUNCIL Faversham	APPLICANT Mr & Mrs Heaven AGENT Primefolio Ltd.

 

The Area Planning Officer reported that amended drawings had been received, and these were different to the ones that had been consulted upon.  He outlined the ownership set up and right of way issues.

 

Faversham Town Council did not object to the revised plans, subject to an amendment to the drawings to show no flat roof was shown between the ridges on the existing roof.  The Area Planning Officer advised that the drawing had been amended and condition (2) would need to be changed to include the new plan, 10D was now 10E.  Faversham Town Council also wanted to see evidence that there was a Right of Way over the parking space of the neighbouring property; he reminded Members that this was not a planning consideration.

 

One further letter of concern had been received which included the following comments: never previously been a vehicular access to the north of Wreights Cottage; use of garage would require right of way across land used for parking by Wreights House; it would reduce parking available to Wreights House; existing workshop and proposed enlargement to garage would obstruct light to a window in the coach house to Wreights House; inaccuracy of plans in relation to size of parking areas and this scheme would make an existing difficult situation worse, this had been a source of contention since 1979 when Wreights Cottage was split from Wreights House; and granting permission might mean that a new right of way could be created, prejudicing on-going negotiations.

 

The Area Planning Officer stated that  virtually no objections had been received since the amended plans had been submitted.

 

Mr Heaven, the applicant, spoke in support of the application.

 

Mr David Iron, an objector, spoke against the application.

 

The Chairman moved the officer recommendation for approval and this was seconded.

 

Resolved:  That application 15/504978/FULL be approved subject to conditions (1) to (7) in the report, with an amendment to condition (2) to replace plan 10D with plan 10E.

 

Resolved:  That application 15/504979/LBC be approved subject to conditions (1) to (8) in the report, with an amendment to condition (2) to replace plan 10D with plan 10E.

 

2.13 & 2.14    REFERENCE NUMBERS:  SW/14/0257 and SW/14/0301
APPLICATION PROPOSAL   Planning permission for: A) Outline component: Residential development for 330 dwellings with all matters reserved other than the means of access and realignment of the Oare Road and Ham Road junction on land at Oare Mineral Works (North of Oare Road and west and south of Ham Road) Faversham, Kent. B) Detailed component: Change of use from storage and vacant uses of the former Gunpowder Works Listed buildings to provide 873 square metres of offices, workshop-studios, storage, and 714 square meters of community uses (with retention of the 2 existing dwellings) including minor internal alterations to form or  and washroom facilities and the formation of associated parking areas, earth bund engineering works, country park, landscaping, demolition of plant & buildings, illustrative details of landscaped parking area; on land at Oare Mineral Works (north of Oare Road and west and south of Ham Road), Faversham, Kent.   Please note this is an Environmental Impact Assessment Development. (In accordance with EIA Regulations 2011).   Listed building consent for: The restoration and repair of all the listed former Gunpowder Works Buildings including minor internal alterations to form toilet and washroom facilities.
ADDRESS Land At Oare Gravel Works, Ham Road, Faversham, Kent, ME13 7TS
WARD Davington Priory	PARISH/TOWN COUNCIL Faversham	APPLICANT Brett Aggregates Ltd AGENT Mr Mick Drury

 

With reference to paragraph 9.32 in the report, the Major Projects Officer sought delegated authority to determine when the mitigation measures for potential impact on the Swale Special Protected Area from the Section 106 monies should be spent and control what it was spent on. 

 

KCC Highways had seen the amended plans relating to the cluster of listed buildings and had no further comments.  An additional representation had been received; this covered issues already outlined in the report on page 143, and also highlighted the impact of the development on already busy train services.

 

The Major Projects Officer reported that funding had been sought by KCC Highways for the improvements to the junction of the A2/A251 as a result of increased use from this development.  The Agent did not consider it would add substantially to the traffic in that area, but nevertheless was willing to negotiate an appropriate developer contribution in respect of this matter.

 

The Major Projects Officer also advised that the agent had indicated a willingness to negotiate an appropriate contribution for off-site formal sports provision.

 

The Major Projects Officer sought delegated authority to add conditions to ensure that the dwellings had the facility for superfast broadband to be installed; to control hours of construction, and hours of piling.  He drew Members’ attention to the tabled paper from the Faversham Sea Scouts.  The Agent had provided amended plans for the cluster of listed buildings, and advised that Building G would be converted for the Sea Scouts.  The Major Projects Officer explained that the  proposed areas for birds to use within the lake would be moved to another lake.  The Agent was happy to work alongside the Sea Scouts.  Delegated authority was sought for the three further conditions and to resolving the Sea Scouts’ issues as set out in the tabled letter, and to fine-tune the conditions and the Section 106 agreement as required.

 

Mr Ben Martin, a supporter, spoke in support of the application.

 

Mr Denis Batson, an objector, spoke with concern on some aspects of the application relating to the Sea Scouts use of the site.

 

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

 

The KCC Highways Officer outlined the options for the best vehicular access to the site.  It had been suggested that the main site access should be located at the end of the Western Link rather than using a single access point at Ham Road which some thought would encourage traffic into the town centre.  He explained that the Western Link access was a complex junction, and it would be difficult to form a workable access to the site.  He explained that the Ham Road junction would be re-aligned, away from the school, to form an acceptable junction complying with current design standards, and that the volume of traffic using Priory Row was not expected to be any different than if the access was opposite the Western Link.

 

The Ward Member spoke in support of the application.  Councillor Mike Henderson moved a motion for the following amendments and addendums.  These were seconded by Councillor Andy Booth.  On being put to the vote, the motion was agreed.

 

1.    Car park to provide minimum 40 spaces together with suitably designed drop-off point for school.

2.    Management plan for country park was good.  Structure and cost of management company needed to be agreed as part of Section 106 to ensure that the continuing management of the country park had suitable environmental expertise and managed objectively for the benefit of the whole of Faversham.

3.    To assist traffic flow KCC should provide double yellow lines the full length of both sides of Oare Road.

4.    At the reserved matters stage of the application must consider in detail the design of individual houses and the whole layout together with density in all areas and height of buildings.  Should indicate now that 3-storey houses were not acceptable.

5.    Phasing – initial making safe, secure and structural support of listed buildings must be carried out before first house was occupied.  Then full structural restoration of listed buildings carried out before 75 houses occupied and completion of works to listed buildings except for internal finishing before 159 houses were occupied.

6.    Footpath along Oare Road and tree screening for Windmill Lane should be completed before the first house was occupied and other general site landscaping carried out early in the development.  This was to be delegated to officers.

7.    Sports provision should be on site, not money provided for off-site provision and this should include a grass pitch area and a modest changing room/community centre.

8.    Section 106 agreement to be delegated to officers with consultation with Chairman of Planning Committee and Ward Councillor.

9.    Should include detail by condition to replace code for sustainable homes to include all the main requirements of good sustainability.

10.Condition the provision of fast broadband.

11.Insist in Section 106 agreement provision of local workforce and apprenticeships which developer was at present resisting.

12.Wording of landscaping conditions 7, 15, 36 to read…’which shall be native species to encourage wildlife and improve biodiversity’.

13.Condition use of existing site entry for all construction traffic.

 

The Cabinet Member for Environmental and Rural Affairs spoke in support of the application and welcomed any mitigating actions to reduce the impact on the air quality management area in Ospringe.  Members of the Committee agreed with this.

 

Resolved:  That application SW/14/0257 be delegated to officers to approve subject to conditions (1) to (56) in the report, with the inclusion of the above amendments and addendums.

 

Resolved:  That application SW/14/0301 be approved subject to conditions (1) to (12) in the report, with the inclusion of the above amendments and addendums, where appropriate.

 

2.15    REFERENCE NO -  14/505230/FULL
APPLICATION PROPOSAL Variation of conditions 2 and 4 of planning permission SW/11/0496 to provide one additional mobile home on the site (3 statics and one touring caravan in total), and security lighting to the front entrance of the site.
ADDRESS Jack Russell Place Halstow Lane Upchurch Kent ME9 7AB
WARD Hartlip, Newington & Upchurch	PARISH/TOWN COUNCIL Upchurch	APPLICANT Mrs Georgina Beaney AGENT

 

This application was considered at the reconvened meeting on 29 September 2015.

 

PART 3

 

Applications for which REFUSAL is recommended

 

3.1       REFERENCE NO - 15/504839/FULL
APPLICATION PROPOSAL Removal of existing timber windows and installation of new brown UPVC windows
ADDRESS Tannery Court Kings Mill Close Sittingbourne Kent ME10 2AZ
WARD Milton Regis	PARISH/TOWN COUNCIL	APPLICANT Amicus Horizon AGENT

 

The Senior Planner reported that a further representation had been received in support, from the residents’ association.

 

Mr Parks, the Agent, spoke in support of the application.

 

The Conservation Officer considered the use of UPVC in this setting was unsustainable and would detract from the setting.

 

The Chairman moved the officer recommendation for refusal and this was seconded.

 

A Ward Member spoke in support of the officer recommendation.

 

In response to a question, it was advised that the alternative to UPVC with its benefits of keeping the inside of the building warm, was double-glazed wooden frames.

 

Resolved:  That application 15/504839/FULL be refused for the reasons stated in the report.

 

3.2       REFERENCE NO - 15/503633/FULL
APPLICATION PROPOSAL Change of use of holiday caravan park to residential caravan park
ADDRESS Red Lion Caravan Park London Road Dunkirk Kent ME13 9LL
WARD Boughton & Courtenay	PARISH/TOWN COUNCIL Dunkirk	APPLICANT Mr Horace Gaskin AGENT RPS

 

The Area Planning Officer reported that SBC’s Tourism Officer was not aware of the site being registered for marketing purposes.

 

The Chairman moved the officer recommendation for refusal and this was seconded.

 

Councillor Tutt, representing Dunkirk Parish Council, spoke in support of the application.

 

Mr Guy Bailey, the Agent, spoke in support of the application.

 

Ward Members spoke in support of the application.  They stated the site and quality of the buildings was good, and it was well shielded by surrounding trees, and was a sustainable site; it was not a holiday site, and there was a need for low cost accommodation.

 

Members made the following comments:  these were park homes, not caravans; it was a well kept site; it was sustainable; this should have the same rights as gypsy and traveller sites; this was a housing development, and would set a precedent; and if we wanted a 5-year housing supply, then have a 12 month residency, but this was absurd, other requests would then come in.

 

The Area Planning Officer outlined the planning history of the site, and advised that it had never been used as a holiday site, but seemingly had been used wrongly for the last few years.

 

The Head of Planning explained that this situation was apparent in sites across the Borough, and involved a lot of reconnaissance by Enforcement Officers.  He stressed the importance of being consistent with the Local Plan.

 

Resolved:  That application 15/503633/FULL be refused for the reasons stated in the report.

 

PART 5

 

Decisions by County Council and Secretary of State, reported for information

 

·                    Item 5.1 – Bowl Reed, Oad Street, Borden

 

This was considered at the reconvened meeting on 29 September 2015.