To consider the following application:

15/503580/FULL – Land North of Homestall Road, Doddington

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 this item must be registered with Democratic Services (democraticservices@swale.gov.uk or call us on 01795 417328) by noon on Wednesday 13 January 2016.

 The Area Planning Officer reported that Norton Parish Council had now commented on the application (for the first time).  They said that the Council did not oppose the application, although they had not been aware of the past history of the site, or the recent felling of trees.

The Area Planning Officer further reported that they now suggested that they have serious reservations concerning the erection of a 4 metre high fence around the site, which would seem intrusive.  They had also expressed concern as to how any further development of the site would be monitored.

Parish Councillor Colin Woods, representing Newnham Parish Council, spoke against the application.

Mrs Jean Price, an objector, spoke against the application.

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

Members considered the application and raised the following comments: do not believe that the Committee should be determining the application as it stands; the applicant has been paying council tax confirming that someone had been living at the site so do not see how we can refuse the application; concerned about the impact the acoustic fence would have on the Area of Outstanding Natural Beauty (AONB); we would not allow the acoustic fence with any other application; application would have a negative impact on the local area; the provision of an acoustically insulated caravan effectively made the application for a house;  consider that on balance should approve the application; original permission given to one person by name all other statements were conjecture; and fence in the AONB was ‘disgraceful’.

A Member queried why the Ward Members had not commented on the application.  The Area Planning Officer reported that he was aware of an email from Councillor Lloyd Bowen, but it had not been sent to officers for reporting.

In response to queries, the Locum Solicitor explained for Members the case law in respect of established use and providing a Certificate of Lawful Development.  He explained that if a Certificate of Lawful Development was given then conditions could not be imposed unlike a regular planning permission.  Also if an established use was identified then no enforcement action could be taken.  If the applicant could prove lawful use for ten years then the Council would have to approve.  With regard to any abandonment of the use this needed to be proven. 

In response to a query from a Member regarding a letter sent by planning to an estate agent in 2006 about the use of the site, the Area Planning Officer stood by the comments made at that time and stated that officers had to recognise the established use of the site.

On being put to the vote the motion to approve the application was lost.

The Area Planning Officer drew attention to paragraph 6.01 of the Committee report which outlined that the applicant was claiming gypsy status.  He did not consider that it would be wise to refuse the application at this time and suggested that Members defer the item again to receive further information about the gypsy status of the applicant.

Councillor Bryan Mulhern moved a motion for a site meeting from the Chair.  This was seconded by Councillor Mike Henderson.  On being put to the vote the motion was lost.

Councillor Mike Henderson moved the following motion:  That the application be deferred to allow for the applicant to provide supporting evidence of their gypsy status.  This was seconded by Councillor Mike Dendor.  On being put to the vote the motion was agreed.

Resolved:  That application 15/503580/FULL be further deferred to allow the applicant to provide supporting evidence of their gypsy status.