Audio Recording

The Chairman explained that the meeting would be conducted in accordance with the Local Authorities and Police and Crime Panel (Coronavirus) (Flexibility of Local Authority Policy and Crime Panel Meetings) (England and Wales) Regulations 2020 No. 392.

In welcoming all Members and members of the public, the Chairman explained which Swale Borough Council and Kent County Council officers were in attendance.

To approve the Minutes of the Meeting held on 4 February 2021 (Minute Nos. 439 - 443) as a correct record.

The Minutes of the Meeting held on 4 February 2021 (Minute Nos. 439 – 443) 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.

(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 meeting 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.

Councillor David Simmons declared a Disclosable Pecuniary Interest in respect of a report to be considered under part 6 of the agenda.  Councillor Simmons left the meeting at that point.

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 3 March 2021.

Tabled updates and responses to questions for item 2.1 published 03.03.21.

Additional information published 04.03.21.

PART 2

Applications for which PERMISSION is recommended

The Major Projects Officer introduced the application and drew attention to the following documents: responses to questions submitted by Ward Members; the officer update which outlined amendments to conditions (16A), (17A), (12A), (14B), (26A), (29A), (27B), (2B), (19B), (10C), (17C), (20C), (21C); the further comments of Kent County Council (KCC) Minerals and Waste; updates to the draft wording of the proposed Section 106 Agreement; three updates from the applicant which summarised (i) the infrastructure to be provided in support of the three applications that made-up the North West Sittingbourne Local Plan allocation, (ii) set-out Persimmon’s estimate of when and at what rate they expected the dwellings to be built-out and (iii), with respect to Biodiversity Net Gain and their request that the requirements of condition (12A) be amended.   All of which had previously been emailed to Members and published on the Council’s website.

The Major Projects Officer advised that in addition he had received further input from KCC Education, which he read out for Members: “KCC’s Environment Policy gives a commitment in principle to Building Research Establishment Environmental Assessment Method (BREEAM) “very good” design standards for KCC buildings and KCC funded build projects.  School  ...  view the full minutes text for item 511.

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.

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 s of business on the grounds they involve the likely disclosure of exempt information as defined in Paragraphs 5 and 7 of Part 1 of Schedule 12A of the Act:

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

7. Information relating to any action taken in connection with the prevention, investigation or prosecution of crime.

To consider the attached report (Part 6).

6.1  61 Playstool Road, Newington

The Area Planning Officer introduced the report.

(1)      Resolved:  That an Enforcement Noticebe issued pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring that the extension is demolished and all materials arising from the demolition are removed from the site within one year of the Notice taking effect.

(2)      That the Head of Planning Services and Head of Legal Services be authorised to prepare and serve the necessary documentation, including the precise wording thereof to give effect to this decision.

6.2  Land to East of Hawes Wood, Bobbing

The Area Planning Officer introduced the report.

Resolved: 

(1)      That an Enforcement Noticebe issued pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the use of the site as an animal sanctuary ceases; the residential use of the caravan ceases; and all the recently erected fencing within the site and along the frontage with the highway, together with the gates and posts, and all the structures, buildings and all materials arising from the demolition are removed from the site within one year of the Notice taking effect.

(2)      That the Head of Planning Services and Head of Legal Services be authorised to prepare and serve the necessary documentation, including the precise wording thereof to give effect to this decision.

6.3 Polytunnels sited on land at Brook Farm, Ospringe

The Development Manager introduced the report and responded to queries and points of clarification from Members.

Councillor Cameron Beart moved the following motion which was seconded by Councillor James Hunt:  That no action be taken.  On being put to the vote the motion was lost.

The Head of Development Services advised Members that if they wished to taken enforcement action a reason outlining the harm that the proposal may cause was required. 

Councillor Simon Clark moved the following motion which was seconded by Councillor Paul Stephen.  That enforcement action be taken and policies outlined in the report be included as reasons.  The Area Planning Officer stated that the reason needed to clearly outline the harm that would be caused.  The proposer and seconder withdrew the motion.

Councillor Elliot Jayes moved the following motion which was seconded by Councillor Lee McCall:  That the application be deferred to allow time for planning reasons to be provided so that enforcement action could be taken, and a virtual site meeting.  On being put to the vote the motion was lost.

Councillor Lee McCall moved the following motion which was seconded by Councillor Ben J Martin:  That enforcement action be taken for the following reason, the polytunnels that had been erected without planning permission were an unwelcome and intrusive development that was seriously harmful to the character and appearance of this rural area, to the natural beauty of the Kent Downs Area of Outstanding Natural Beauty (AONB), to the setting of the Whitehill conservation area, and to the settings of nearby listed buildings, contrary  ...  view the full minutes text for item 513.