Agenda and minutes
Venue: Council Chamber, - Swale House. View directions
Contact: Democratic Services, 01795 417330
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Fire Evacuation Procedure The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.
The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.
The Chairman will inform the meeting that:
(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park. Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; and
(b) the lifts must not be used in the event of an evacuation.
Any officers present at the meeting will aid with the evacuation.
It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.
Minutes: The Vice-Chairman in the Chair ensured that those present at the meeting were aware of the emergency evacuation procedure. |
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Minutes To approve the Minutes of the Meeting held on 29 March 2018 (Minute Nos. 595 - 601) as a correct record.
Minutes: The Minutes of the Meeting held on 29 March 2018 (Minute Nos. 595 – 601) were taken as read, approved and signed by the Vice-Chairman in-the-Chair as a correct record. |
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Declarations of Interest 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 room 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.
Minutes: Councillor Roger Clark declared a Disclosable Non-Pecuniary Interest in respect of item 3.1, 18/501027/FULL, 10 Kingfisher Close, Iwade. Councillor Clark did not vote on this item.
Councillor Peter Marchington declared a Disclosable Non-Pecuniary Interest in respect of item 6.1, 17/502840/FULL, 28 High Street, Queenborough. Councillor Marchington did not speak or vote on this item.
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To consider the following application:
17/502338/FULL, Brotherhood Wood, Gate Hill, Dunkirk
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 25 April 2018. Additional documents:
Minutes: Reports shown in previous Minutes as being deferred from that Meeting
The Area Planning Officer reported that the Agent for the application had submitted some information in support of the application, and this was tabled for Members. The Area Planning Officer outlined the issues that had been raised, in relation to the size of the site, comparison with other sites, and the ethnicity definition of gypsy and travellers.
The Area Planning Officer reminded Members that the current investigations on the site had no material impact on this application. He drew Members’ attention to conditions (1) and (2) in the report, which were standard conditions, and suggested after seeking legal advice, that these two conditions should be replaced by the condition below:
(1) No caravan may be stationed on the site otherwise than in accordance with drawing 2549/PL/Sk05 Revision D and the stationing of caravans in the positions shown on this drawing must be begun not later than the expiration of one year beginning with the date on which the permission is granted.
Reason: In pursuance of Section 73 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
Parish Councillor Jeff Tutt, representing Dunkirk Parish Council, spoke against the application.
Mr Philip Brown, the Agent, spoke in support of the application.
The Vice-Chairman in-the-Chair moved the officer recommendation to approve the application and this was seconded. The Planning Lawyer addressed the Committee and reminded them of the constitutional requirements relating to membership of the committee and the need for fair and balanced decision making. The need for consideration of all the arguments (both for and against) in reaching a decision based on relevant material planning considerations was stated. Finally, the Committee was reminded that following the Supreme Court ruling in Dover District Council v CPRE Kent that should they be minded to go against the officer recommendations and refuse the application that robust grounds for refusal be clearly included in the motion moved, before any vote is taken and that if the subsequent refusal were to be challenged on appeal, that Members may be required to give evidence at any appeal inquiry.
A Ward Member spoke against the application. He stated that there had been a lack of ... view the full minutes text for item 636. |
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Schedule of Decisions PDF 46 KB To consider the attached report (Parts 1, 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 25 April 2018. Additional documents:
Minutes: PART 1
Any other reports to be considered in the public session
At the meeting on 29 March 2018, these applications were approved, but the resolution had included reference to the inclusion of the 90:10 split of affordable housing. The Development Manager explained that these applications had been referred back to the Planning Committee, so that Members could reach a resolution which did not refer to the provision of affordable housing, as there was no affordable housing provided by the applications, in line with Local Plan policy.
The Vice-Chairman in-the-Chair moved the officer recommendation to approve the application and this was seconded.
PART 2
Applications for which PERMISSION is recommended
Rebecca Cuthbertson, an objector, spoke against the application.
A Ward Member spoke against the application and explained that there was local opposition, and the application was similar to the previous one which had been refused. He considered ‘back garden’ development to be a sensitive issue and that the development would look out of place, and have an adverse effect on the environment, and he also raised issues with access to the development.
The Vice-Chairman in-the-Chair moved the officer recommendation to approve the application and this was seconded.
Members raised points which included: this was an intrusion on the surrounding properties; due to the access to the rear, the annex could be converted into a separate dwelling; it was harmful to residential amenity; it was not in-keeping with the area; this seemed larger than the garage already there; this was ‘garden-grabbing’; it was out-of-character; harmful to visual amenity; the changes to this application were not significant; this was excessive development and looked bigger than the main property.
In response, the Area Planning Officer explained that the footprint of the house was 7.5metres x 6.7metres, and ... view the full minutes text for item 637. |
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Exclusion of the Press and Public 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 5 and 7.
5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 7. Information relation to any action in connection with the prevention, investigation or prosecution of crime.
Minutes: Resolved:
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 it involves 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.
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Report of the Head of Planning Services To consider the attached report (Part 6). Minutes: 6.1 Case 17/502840/FULL 28 High Street, Queenborough – External timber cladding
A Ward Member noted that this application had been the subject of an appeal decision at a previous Planning Committee meeting.
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 removal of the timber cladding within three months of the
Notice taking effect. (2) That the Head of Planning Services and Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording thereof to give effect to this decision.
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Suspension of Standing Orders Minutes: At 10pm Members agreed to the suspension of Standing Orders in order that the Committee could complete its business. |