To approve the Minutes of the Meeting held on 18 September 2014 (Minute Nos. 239 - 242) as a correct record.

The Minutes of the Meeting held on 18 September 2014 (Minute Nos. 239 – 242) 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.

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.

No interests were declared.

To approve the Minutes of the Meeting held on 30 September 2014 (Minute Nos. to follow).

SW/14/0486 (2.1) – Parsonage Farm, School Lane, Newington, Sittingbourne, ME9 7LB

The Minutes of the Meeting held on 30 September 2014 (Minute Nos. 256 – 257) were taken as read, approved and signed by the Chairman as a correct record, subject to the inclusion of Cllr Booth’s apologies.

SW/14/0486 (2.1) – Parsonage Farm, School Lane, Newington, Sittingbourne, ME9 7LB

The Major Projects Officer reported that following the site meeting a representation had been received from a local resident who considered that the road could not accommodate additional traffic movements and on-street parking and this information had been circulated to Members.

The Major Projects Officer reported that following concerns about drainage and sewer capacity raised at the site meeting, a letter had been received from Southern Water advising about the installation of a pumping station at Edwin’s Place, Newington to resolve flooding issues at the terraced properties.  The Major Projects Officer also reported that with regard to land levels, the applicant’s agent had responded as follows: ‘I write to advise, that as you may be aware, the site is relatively flat and therefore the proposed dwellings and car barns will be set at existing ground levels within the site and no land raising or re-profiling of the site is required or indeed proposed’.

The Major Projects Officer reported that the bonded gravel would be resin bonded and would therefore be unlikely to break-up causing a highway safety problem.

The Major Projects Officer reported that following the site meeting Newington Parish Council had raised concern about asbestos in the roof of the main building to be demolished.  The Major Projects Officer stated that whilst this was a matter that did not fall to be dealt with under the planning system, the applicant obviously had a duty to ensure that demolition was carried out in a safe and responsible manner, in consultation if required with the Health and Safety Executive and/or the Council’s Environmental Health officers.

The Major Projects Officer sought delegation to approve the application subject to the conditions outlined in the report, and additional conditions to deal with conservation aspects of the scheme, and the signing of a suitably worded Section 106 Agreement.

A Member noted the concerns of local residents in respect of entry to the site but considered the proposed access was reasonable and the proposal would improve the appearance of the site.

Resolved:  That application SW/14/0486 be approved subject to conditions (1) to (34) in the report the additional conservation related conditions, and the signing of a suitably worded Section 106 Agreement.

To consider the following application:

SW/14/0367 – The Old Goods Yard, Station Approach Road, Neames Forstal, Selling

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 8 October 2014.

The Major Projects Officer drew attention to an error in paragraph 1.02 of the report advising that that the number of dwellings proposed was actually 13 (11 houses and 2 flats) not twelve as stated.

The Major Projects Officer also reported that one further representation had been received raising concerns already summarised in the report, but it also suggested a co-ordinated development should have been required for this site and the Sondes Court and Old Cold Store parcels of land.

The Major Projects Officer reported that delegated authority was sought to approve the application subject to conditions as set out in the report, with condition (10) amended to add reference to the use of native species chosen to enhance biodiversity and the signing of a Section 106 Agreement.

Resolved:  That application SW/14/0367 be approved subject to conditions (1) to (30) in the report, amendments to condition (10) to add reference to the use of native species chosen to enhance biodiversity and the signing of a Section 106 Agreement.

To consider the attached report (Sections 2 and 3).

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 8 October 2014.

Tabled paper for 2.6 published 13 October 2014.

SCHEDULE OF DECISIONS

PART 2 – Applications for which PERMISSION is recommended.

Resolved:  That application SW/14/0329 be approved subject to conditions (1) to (14) in the report.

The Area Planning Officer reported that several emails from local residents in objection to the application had been received raising issues already outlined on page 38 of the report. 

Mr Cullen, Faversham Town Council, spoke against the application.

Miss Harris, an objector, spoke against the application.

MrBritnell, on behalf of the applicant, spoke in support of the application.

Councillor Mike Henderson moved a motion for a site meeting.  This was seconded by Councillor Prescott.  On being put to the vote the motion was agreed.

Resolved:  That application SW/14/501632 be deferred to allow the Planning Working Group to meet on site. 

The Area Planning Officer reported that following concerns from Faversham Town Council about siting of the new building the applicant had submitted amended drawings.  The Area Planning Officer advised that a letter from a neighbour raising objection to the amended plans had been received which he outlined for Members.

Resolved:  That application SW/14/500647 be approved subject to conditions (1) to (8) in the report.

The Area Planning Officer drew attention to paragraph 7.10 on page 52 of the report and advised that the dropped kerb and now been completed so off-street parking was now available.

The Area Planning Officer reported that the elevations on the plans were incorrectly labelled and sought delegation for them to be amended.

Ms Kemp, the Applicant spoke in support of the application.

Ward Members spoke against the application and raised points which included: increase in noise levels; would cause demonstrable harm to the lifestyle of local residents; overlooking; overcrowding; and was out of keeping with the character of the area.

Resolved:  That application SW/14/501423 be approved subject to conditions (1) to (20) in the report and amended plans to show  ...  view the full minutes text for item 284.

To decide whether to pass the resolution set out below in respect of the following item:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 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.

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.

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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 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).

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.

To consider the attached report (Section 6).

In response to concerns from a Ward Member the Area Planning Officer agreed to ensure that the pond/lake was appropriately drained to ensure that neighbouring residents and Oak Lane were protected from any potential flooding.

Resolved:

(1)   That an Enforcement Notice pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring that the pond or small lake located on the land be filled in using clean soil or similar materials within 3 months of the Notice taken effect, returning the affected land to match the contours of the surrounding land.

That the Head of Planning and Head of Legal Services of the Council prepare and service the necessary documents, including the precise wording to give effect to this decision.