To approve the Minutes of the Meeting held on 24 September 2015 (Minute Nos. 240 – 244) and the Reconvened Meeting held on 29 September 2015 (Minute No. 245) as correct records.

The Minutes of the Meeting held on 24 September 2015 (Minute Nos. 240 – 244) and the Reconvened Meeting held on 29 September 2015 (Minute No. 245) 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 5 October 2015 (Minute Nos. to follow).

15/505666/FULL – Bourne Place, Stockers Hill, Rodmersham, Kent, ME9 0PJ

The Minutes of the Meeting held on 5 October 2015 (Minute Nos. 249 – 250) were taken as read, approved and signed by the Chairman as a correct record.

15/505666/FULL – Bourne Place, Stockers Hill, Rodmersham

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

The Kent County Council (KCC) Highways Officer acknowledged that there was parking on the road and footpath near the application site; he stated that this issue did not effect the development as there was plenty of parking on-site, and so it could cope with its own demand.  He added that on-road parking did not effect the sightlines.

A Member considered the proposed development was sited on a dangerous road.

Resolved:  That application 15/505666/FULL be approved subject to conditions (1) to (7) in the report.

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 14 October 2015.

PART 2

Applications for which PERMISSION is recommended

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

Discussion ensued on the amount of signs that had been displayed so far and that enforcement action should be put in place if the conditions in the report were not adhered to.

Resolved:  That application 15/502982/ADV be approved subject to conditions (1) to (10) in the report.

The Major Projects Officer reported that Natural England had raised no objection to the application subject to screening mitigation measures being taken in respect of the site being in close proximity to the Medway Estuary and Marshes Special Protection Area (SPA) and Ramsar Site, before the dwellings were occupied.  The Major Projects Officer confirmed that this was addressed under condition (4) in the report and the Section 106 agreement.  An ecology survey had been carried out which showed there might be bats and slow worms on the site.  KCC Ecology had not yet responded to the survey.

The Major Projects Officer sought delegated authority to approve the application subject to an appropriately worded Section 106 agreement and to secure contributions as appropriate when triggered, and to any further conditions requested by KCC Ecology in response to the ecology survey.

Mr Ralph Salmon, the Agent, spoke in support of the application.

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

A Ward Member raised concern with the effect of the earth works on the existing properties and whether the developers would take this into consideration, and was curious why Section 106 monies was going to a school four miles away from the site.  He also asked whether KCC Highways would adopt the road on the site.  In response, the KCC Highways Officer explained that, although the road was built to adoptable standards, it would not be adopted by KCC Highways, and would remain a private road.

Members raised the following points:  concerned with the structural soundness of the other buildings during construction of the development; the countryside gap should be taken into consideration; concerned that KCC Highways was not adopting the road, with the complications of a maintenance contract; issue of the footpath becoming available, subject to a third party; and clarification was needed on tandem parking as considered this was not acceptable.

The Major  ...  view the full minutes text for item 279.

To consider the attached report (Part 6).

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.

6.1 - Stationing of mobile home/caravan at Standard House, Standard Quay, Faversham

The Chairman moved the officer recommendation and this was seconded.

Resolved:  That an Enforcement Notice be issued in respect of the breach of planning control, pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the use of the land for the stationing of a caravan used residentially to cease within 3 months of the Notice taking effect.

That the Head of Planning and Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording and reasons thereof to give effect to this decision.

6.2       Ref  ENF GEN – Change of Use and Un-authorised Developments at Sharsted Lodge, Sharsted Road, Doddington (Grade II Listed Building)

The Chairman moved the officer recommendation and this was seconded.

Resolved:  That a Listed Building and /or Planning Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the following within 6 months of the Notice taking effect.

(1)          The removal of the stainless steel flue from Sharsted Lodge and making good of the roof and wall finishes;

(2)          The removal of the two sheds and fencing within the grounds of the listed building;

(3)          The removal of the uPVC windows in the rear elevation of the garage building;

(4)          The complete restoration of the garage building to the development referred to in planning permission SW/08/0826 and

(5)          The cessation of the use of flats within the garage building by persons not associated with the residential use of the listed building Sharsted Lodge.

That the Head of Planning and Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording and reasons thereof to give effect to this decision.

6.3       Ref 15/500703/OPDEV – Siting of portacabin at 140 Halfway Road, Minster, Sheerness, Kent, ME12 3AR.

The Area Planning Officer advised that the reason for serving the notice would be that: “the stationing of a portacabin would give rise to a visually prominent and harmful development, out of character with the existing streetscene and materially harmful to the character and appearance of the area, contrary to Policies E1 and E19 of the Swale Borough Local Plan 2008.”

The Chairman moved the officer recommendation and this was seconded.

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 portable building within 3 months of the Notice taking effect.

That the Head of Planning and Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording and reasons thereof to give effect to this decision.

To consider the Urgent Item.

Appeal reference APP/V2255/W/15/3133538: Proposed change of use of land for the creation of hardstanding to site 16 mobile homes for 52 weeks of the year occupation by seasonal agricultural workers along with associated engineering works at Howt Green Farm, Sheppey Way, Bobbing, Sittingbourne, Kent, ME9 8QT (Planning Application reference number 14/505985/FULL).

The Chairman accepted this Urgent Item as the hearing statement was due with the Planning Inspectorate on 23 October 2015.  There was no opportunity to put this to Committee previously or to include it on the main agenda.

The Chairman moved the officer recommendation to not contest the appeal and this was seconded.

Resolved:  That the Council confirms in writing to the Planning Inspectorate that it does not intend to contest the appeal.

The meeting was adjourned at  8.15pm and reconvened at 8.26pm.

Members agreed to the suspension of Standing Orders in order that the Planning Committee could complete its business.