Agenda and minutes

Venue: Council Chamber, Swale House, East Street, Sittingbourne, ME10 3HT. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

594.

Election of Chairman

Minutes:

Resolved:

 

(1)       That Councillor Mike Henderson be elected Chairman for this meeting.

595.

Emergency 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 Chairman ensured that those present were aware of the emergency evacuation procedure.

 

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

596.

Minutes

To approve the Minutes of the Extraordinary Meeting held on 28 February 2019 (Minute Nos. 525 - 528), and the Meeting held on 7 March 2019 (Minute Nos. 542 - 547) as a correct record.

 

Minutes:

The Minutes of the Extraordinary Meeting held on 28 February 2019 (Minute Nos. 525 – 528) were taken as read, approved and signed by the Chairman as a correct record.

 

The Minutes of the Meeting held on 7 March 2019 (Minute Nos. 542 – 547) were taken as read, approved and signed by the Chairman as a correct record, subject to noting in Minute No. 543, that Councillor Mike Baldock had not agreed the minutes of the meeting on 30 January 2019 as he considered insufficient time had been given to read them.

597.

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 Cameron Beart declared a Disclosable Non-Pecuniary Interest in respect of item 2.1, 18/501726/FULL, Land between 119a and 121a High Street, Sittingbourne, as he was Chairman of the Licensing Sub-Committee, when the licensing application had been considered.  He reminded Members that Planning and Licensing were two separate regimes.

 

598.

Planning Working Group pdf icon PDF 35 KB

To approve the Minutes of the Meeting held on 25 March 2019 (Minute Nos. to follow).

 

To consider the following applications:

 

2.5 18/505929/FULL Land rear of 54-76 Oak Road, Sittingbourne, ME10 3PF

2.3 19/500219/FULL 20 Hustlings Drive, Eastchurch, Sheerness, ME12 4JX

 

Tabled Papers added 9 April 2019.

 

 

Additional documents:

Minutes:

The Minutes of the Meeting held on 25 March 2019 (Minute Nos. 582 – 585) were taken as read approved and signed by the Chairman as a correct record.

 

2.5 18/505929/FULL Land rear of 54 – 76 Oak Road, Sittingbourne, ME10 3PF

 

The Senior Planner referred Members to the tabled update which provided a response to land ownership issues raised by a neighbouring resident at the site meeting.  The Senior Planner advised that the entire site was owned by the Council.  The resident did not own part of the site, but the freeholder of No. 54 (Optivo) had a right to park on the land.  However, that right was being surrendered, with the Council compensating both the freeholder and the resident.

 

The Senior Planner also reported that a tiny slither of land to the south-eastern side of the site was not owned by the Council, and so the application site had been amended to reflect this.  As a consequence, the footpath along the access had been made level and converted to a shared surface, rather than a raised footpath.  The Senior Planner explained that since the tabled paper had been written, there was a further update in that all the parking would remain as set-out originally.  Kent County Council (KCC) Highways and Transportation had no objection to the above amendment.  The Senior Planner confirmed that the entrance to the site would be 4.3 metres, narrowing to 3.9 metres at the pinch point.  He considered there was sufficient space to pass, with clear visibility, and it would not result in any waiting on the highway.

 

The Chairman moved the officer recommendation to approve the application and this was seconded by Councillor Cameron Beart.

 

The Chairman invited Members to ask questions.

 

A Ward Member asked why the scheme had not been put out to tender.  He was advised that this was not a planning consideration.

 

A Member asked why, as there had been so many changes to the application, that the application had not been put-out for fresh consultation.  The Senior Planner explained that the changes had been too minor, and on this basis there was no legal requirement to warrant further consultation.

 

A Member sought clarity on whether the Ward Member had objected to the application as noted in the original report.  The Ward Member explained that he had called it in, but not objected to it.

 

A Member asked why access to the site could not be from the north side as he considered this to be a better angle for visibility and egress.  The Senior Planner explained that this option had been considered in the early stages of the application, but was rejected because the access would come out onto the bus lane, and so the southern access was the preferred option.

 

A Ward Member spoke against the application.  He explained that Oak Lane was a bus route, with bus stops close to the application site; there were access issues, with potential for congestion on the  ...  view the full minutes text for item 598.

599.

Deferred Item pdf icon PDF 98 KB

To consider the following application:

 

18/503723/MOD106, 153 London Road, Sittingbourne.

 

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 3 April 2019.

 

Tabled Papers added 9 April 2019.

Additional documents:

Minutes:

Reports shown in previous Minutes as being deferred from that Meeting

 

Def Item No. 1          REFERENCE NO - 18/503723/MOD106

APPLICATION PROPOSAL

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

ADDRESS 153 London Road Sittingbourne Kent ME10 1PA  

WARD Borden And Grove Park

PARISH/TOWN COUNCIL

APPLICANT Clarity Properties Ltd

AGENT Brachers LLP

 

The Chairman gave Members a few minutes to read the tabled papers, if they had not already done so.

 

The Senior Planner reminded Members that this application had been considered at the Planning Committee meeting on 7 March 2019, and was called-in by the Head of Planning Services.  The Senior Planner referred to the tabled paper which provided further evidence for the viability appraisal, and included statistics which indicated that property prices in Swale had ‘flat-lined’, and building costs had increased.  He explained that as such, the viability assessment still carried weight.  The revised proposal sought to provide three affordable units in the first instance.  The Applicant would soon be meeting with a potential Registered Provider to discuss the delivery of the affordable housing units.

 

The Chairman moved the officer recommendation to approve the application and this was seconded by Councillor Cameron Beart.

 

The Chairman invited Members to ask questions. 

 

A Ward Member asked whether there were any alternative methods of facilitating affordable housing, such as part rent/part buy?  The Senior Planner explained that this would be discussed at the forthcoming meeting with the Applicant and housing association to establish potential delivery of the scheme.  However, the usual tenure type was affordable rent/shared ownership.

 

A Member asked what had changed since the meeting on 7 March 2019?  The Senior Planner explained that the developer had approached officers to modify the Section 106 Agreement, as outlined in paragraph 2.01 of the report.  This would firstly seek to provide three affordable housing units on the site, but if this was not delivered, then a commuted sum of £40,000 be provided so that affordable homes could be built elsewhere in the Borough.

 

A Member asked that if no Registered Provider could be found, that the application came back to the Planning Committee for the final decision?  The Senior Planner explained that officers would need to discuss this further with the developer.

 

 

A Member asked whether there was a mechanism for reviewing the application at the end of the development to see if it remained unviable?  The Senior Planner explained that this would be a possibility, and there could be a review mechanism within the Section 106 Agreement.

 

A Member asked whether the modifications could be rejected and whether the Applicant and Registered Provider could carry on with their discussions.  The Senior Planner acknowledged that they could start discussions if the Section 106 was not modified but would need to provide eight units.

 

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

 

At this point Councillor Nicholas Hampshire moved the following motion:  That the application be deferred until  ...  view the full minutes text for item 599.

600.

Schedule of Decisions pdf icon PDF 45 KB

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 April 2019.

Additional documents:

Minutes:

PART 2

 

Applications for which PERMISSION is recommended

 

2.1       REFERENCE NO - 18/501726/FULL

APPLICATION PROPOSAL

Erection of a 3 storey building comprising of an amusement centre (adult gaming centre) on the ground floor with 2 x single bedroom flats on the upper floors.

ADDRESS Land Between 119A and 121A High Street, Sittingbourne, Kent, ME10 4AQ. 

WARDChalkwell

PARISH/TOWN COUNCIL

APPLICANT Godden Two LLP

AGENT Roger Etchells & Co

 

The Senior Planner explained that this was the same scheme as was presented to the Planning Committee in November 2018.  The reason it had come back to Committee was, although additional conditions had been noted in the minutes of that meeting, they had not been included in the resolution.

 

Mr Doug Brown, an objector, spoke against the application.

 

The Chairman explained that the decision was being made on whether to accept the four conditions requested by the Environment Agency, and to delegate to officers to approve, subject to the addition of these conditions.

 

The Planning Lawyer clarified the position and explained that the final resolution at the November 2018 meeting had not included these conditions, and officers were unable to add them without the application coming back to Committee. On this basis, the decision notice could therefore not be issued.  However, she added that the resolution from the meeting in November 2018 was a strong material consideration.

 

A Member asked why it had taken so long to bring this back to Committee to resolve the issue?  The Senior Planner explained that whilst waiting to secure the SAMMS payment, the omission of the conditions had been flagged-up.

 

The Chairman moved the officer recommendation to approve the application and this was seconded by Councillor Cameron Beart.

 

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

 

·         This was an inappropriate use of space;

·         it was detrimental to the High Street;

·         the additional conditions did not address my concerns;

·         further down the High Street would be better;

·         this was right next to the Spirit of Sittingbourne development, an important part of the High Street;

·         no problem with this development;

·         very dangerous ground to think of reasons to turn down when had previously approved the application;

·         it was unreasonable to change the decision now; and

·         there were already enough businesses like this in the High Street.

 

On being put to the vote the motion to approve the application was lost.

 

Councillor Cameron Beart moved the following motion:  That the application be deferred because it was contrary to what had already been agreed.  This was seconded by Councillor James Hunt.

 

At this point the Development Manager used his delegated powers to call-in the application.

 

Resolved:  That as the Planning Committee was minded to make a decision that would be contrary to officer recommendation and contrary to planning policy and/or guidance, determination of the application be deferred to a future meeting of the Committee.

 

2.2  REFERENCE NO -  19/500485/FULL

APPLICATION PROPOSAL

Conversion of garage to kitchen, including new window to replace existing  ...  view the full minutes text for item 600.