Agenda and minutes

Venue: Swale House, East Street, Sittingbourne, Kent, ME10 3HT

Contact: Democratic Services, 01795 417330 

Items
No. Item

Audio Recording

542.

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 were aware of the emergency evacuation procedure.

 

The Vice-Chairman in-the-Chair asked if anyone would need specific assistance to evacuate the building, and Councillor Prescott confirmed that he would.

543.

Minutes

To approve the Minutes of the Meeting held on 7 February 2019 (Minute Nos. 486 - 489).

 

Minutes:

The Minutes of the Meeting held on 7 February (Minute Nos. 486 – 489) were taken as read, approved and signed by the Vice-Chairman in-the-Chair as a correct record, subject to the following amendment to Minute No. 487 The Minutes of the Extraordinary Meeting held on 30 January 2019 (Minute Nos. 470 – 474):

 

Councillor Mike Baldock requested that it be recorded that he did not agree the Minutes, as he had not had the time to read them.

544.

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:

No interests were declared.

 

The Vice-Chairman in-the-Chair asked Councillor James Hall whether he had an interest to declare in respect of item 2.5 18/505929/FULL Land rear of 54-76 Oak Road, Sittingbourne.  Councillor Hall stated that he had no interest to declare.

545.

Deferred Item pdf icon PDF 56 KB

To consider the following application:

 

17/505711/HYBRID Land at Wises Lane, Borden

 

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 these items must be registered with Democratic Services (democraticservices@swale.gov.uk or call us on 01795 417328) by noon on Wednesday 6 March 2019.

Additional documents:

Minutes:

The Vice-Chairman in-the-Chair advised that this item had been withdrawn from the Agenda.

546.

Schedule of Decisions pdf icon PDF 1 MB

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 6 March 2019.

Additional documents:

Minutes:

PART 1

 

Reports to be considered in public session not included elsewhere on this Agenda

 

1.1 REFERENCE NO – 18/503723/MOD

APPLICATION PROPOSAL

Modification of Planning Obligation dated 18/05/2010 under reference SW/08/1124 to allow removal of on-site affordable housing.

ADDRESS153 London Road Sittingbourne Kent ME10 1PA  

WARD Borden and Grove Park

PARISH/TOWN COUNCIL

APPLICANT Clarity Properties Ltd

AGENTBrachers LLP

 

Lee May, the Agent, spoke in support of the application.

 

The Vice-Chairman in-the-Chair invited Members to ask questions. 

 

The Vice-Chairman in-the-Chair invited Members to ask questions.  The Major Projects Officer confirmed that the date of the Viability Appraisal was June 2017 and that it was appended to the Committee report.  However, as set-out in the report, officers had carried out further work to establish whether the viability situation had changed and had come to the conclusion that it had not, and this was set-out in paragraph 6.02 on page 25 of the Committee report.   He explained that the original application was not a formal application but a modification (by Deed of Variation) to the Section 106 Agreement as set-out in paragraph 2.05 of the report, this was why the relevant planning history was not set-out in the report.

 

The Vice-Chairman in-the-Chair moved the motion to approve the application, and this was seconded by Councillor Cameron Beart.

 

Ward Members spoke against the application and raised the following points: there had been no significant material change to the application; hard to believe that the application was not viable; was the same viability report as before; was right that the Committee considered the application; needed affordable housing; small sites were not viable; would struggle to deliver affordable housing levels set-out in the Council’s Local Plan; was not the Council’s problem if the applicant had not managed the development properly in the first place; the Council’s Local Plan required affordable housing, this application was undermining the principles of that Plan; and should refuse the application and stand firm.

 

The Committee debated the proposal to approve the application and raised the following points:

 

·         Thanked officers for their work in securing an extra £9,000;

·         A lot had changed within the housing market since permission had been given;

·         Did not accept that £40,000 was equivalent of 20%, developers cannot say they would not make a profit;

·         The Council would not do anything with the £40,000 it would just sit in a pot;

·         Would like further evidence to support the viability appraisals;

·         The Council had made positive statements on the need for affordable housing and should stand firm; and

·         It was the applicant’s own fault if they had paid too much for the land.

 

In accordance with Council Procedure Rule 19(2) a recorded vote was taken on the motion to approve the application, and voting was as follows:

 

For:  Councillor James Hunt.  Total = 1.

 

Against:  Mike Baldock, Cameron Beart, Bobbin, Monique Bonney, Andy Booth, Richard Darby, Mike Dendor, James Hall, Nicholas Hampshire, Harrison, Ken Ingleton, Peter Marchington, Prescott and Ghlin Whelan.  ...  view the full minutes text for item 546.

547.

Suspension of Standing Orders

Minutes:

At 10pm and 10.30pm Members agreed to the suspension of Standing Orders in order that the Committee could complete its business.