Agenda and minutes

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

Contact: Democratic Services, 01795 417330 

Items
No. Item

Audio Recording

425.

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.

426.

Minutes

To approve the Minutes of the Meeting held on 5 December 2019 (Minute Nos. 384 - 390) and the Extraordinary Meeting held on 17 December 2019 (Minutes Nos. to follow) as correct records.

 

Minutes:

The Minutes of the Meeting held on 5 December 2019 (Minute Nos. 384 – 390) were taken as read, approved and signed by the Chairman, subject to an amendment to the resolution of application 3.1, 18/506225/OUT, Land to the south of School Lane, Lower Halstow, ME9 7ES.  The resolution to be amended so that the application be delegated to officers in discussion with the Chairman and Ward Members.

 

The Minutes of the Extraordinary Meeting held on 17 December 2019 (Minute Nos. 391 – 397) were taken as read, approved and signed by the Chairman as a correct record.

427.

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 Elliott Jayes declared a non-pecuniary interest in respect of item 2.4, Sheerness Holiday Park, Halfway Road, Minster-on-Sea, ME12 3AA, as he had previously sat on Minster Parish Council.

428.

Planning Working Group pdf icon PDF 107 KB

To approve the Minutes of the Meetings held on 6 January 2020 (Minute Nos. to follow).

 

To consider the following applications:

 

19/500866/OUT, Land at Swale Way, Great Easthall, Sittingbourne, ME10 3TF.

 

19/504412/FULL, Oyster Bay House, Chambers Wharf, Faversham, ME13 7BT 

 

Tabled Paper added 9 January 2020.

Minutes:

The Minutes of the Meetings held on 6 January 2020 (Minute Nos. 407 – 408 and 409 - 410) were taken as read, approved and signed by Chairman as a correct record.

 

19/500866/OUT, Land at Swale Way, Great Easthall, Sittingbourne, ME10 3TF

 

The Area Planning Officer said that he had reviewed the conditions in the original committee report, and advised that a further condition was required relating to the submission of a noise assessment and detailed mitigation measures at the point of the reserved matters application.

 

In response to a question raised at the Planning Working Group visit on 6 January 2020, regarding whether the haul road would be removed, the Area Planning Officer explained that the haul road came under permitted development whilst construction was ongoing.  He explained that part of it crossed a play area, required by the original permission.  The Green Spaces Officer had advised that the trigger point for provision had passed some time ago, and he had advised that the Council had taken the pragmatic approach that the wider estate had the benefit of two play areas and a recreation ground.  With the removal of the haul road resulting in construction traffic being routed through residential areas, provision of the play area and removal of the haul road were not being insisted upon.  The Green Spaces Officer envisaged the play area being provided towards the completion of the entire development, and he was mindful that discussions were ongoing regarding alternative uses of this site.

 

The Area Planning Officer also reported that since the site meeting, the Applicant had appealed against non-determination of the application.  He explained that they had requested a public inquiry, and that the Council had 24 hours to advise which appeal procedure would be appropriate and why.  The Area Planning Officer advised that determination of this application now fell to the Planning Inspectorate, and the Planning Committee were required to advise how it would have determined the application had the appeal not been submitted.

 

The Chairman invited Members to ask questions.

 

A Member asked that if the application was approved this evening, would the Applicant withdraw the appeal?  The Area Planning Officer explained the appeal process and advised that the Planning Inspectorate had seven days to validate the application, so if it was approved, the appeal could be withdrawn.  He said that if Members were minded to approve the application, the Planning Inspectorate would be advised, along with submission of the minutes and list of conditions, and then it would be down to the Planning Inspectorate to make the final decision. 

 

A Member asked about the noise and pollution on the application site due to its position in the vicinity of a large industrial site and the nearby community hall.  The Area Planning Officer explained that a noise assessment had been submitted, and as noted in the Committee report, the Environmental Health Manager was happy with the assessment and confident that the noise levels fell within an acceptable level.  The layout  ...  view the full minutes text for item 428.

429.

Schedule of Decisions pdf icon PDF 46 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 8 January 2020.

 

Item 2.3 - The Vicarage, Church Lane, Newington – this has been withdrawn from the agenda

 

 

Additional documents:

Minutes:

 PART 2

 

Applications for which PERMISSION is recommended

 

2.1       REFERENCE NO -  17/500921/FULL

APPLICATION PROPOSAL

Removal of condition 1 of previously approved application: SW/13/0011 (Change of use of land for the siting of one static mobile home for a gypsy family with associated utility block and parking for vehicles and two touring caravans).

ADDRESSDinky Cot, Sunset Close, Eastchurch, Kent, ME12 4JW. 

RECOMMENDATION Grant

WARDSheppey East

PARISH/TOWN COUNCILEastchurch

APPLICANT Mrs D. Gray

AGENT Heine Planning Consultancy

 

The Area Planning Officer reported that two additional letters and an email had been received from two neighbouring residents.  They had raised the following concerns:  potential anti-social behaviour from future occupants; the site was not sustainable, with limited opening times at local shops and a difficult walk to Eastchurch; and a further temporary permission should be issued to deal with any future anti-social behaviour (ASB) from future residents.  The Area Planning Officer reminded Members that planning permission went with the land, not the occupant, and that ASB from residents was not a material planning consideration.

 

Mrs J Hursey, an objector, spoke against the application.

 

The Chairman invited Members to ask questions.

 

A Member asked whether the Applicant was in breach of the original planning application.  The Area Planning Officer confirmed that she was, and also that she did not meet the Government definition of a gypsy and traveller.

 

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

 

Members were invited to debate the application and raised points which included:

 

·         No reason to support this, except to meet the 5 year supply of deliverable sites, but this was only one pitch in any case; and

·         considered this would not be detrimental to the site.

 

On being put to the vote, the motion to approve the application was lost, with the Chairman using his casting vote.

 

There was some discussion on the reasons for refusing the application which included that the overall need for accommodation for gypsy and travellers was out-weighed by the unsustainability of the site.

 

The Area Planning Officer responded and stated that there was already a 5-year supply.  It was better to refer to the fact that it was in an unsustainable location, and whether it was an acceptable site for a gypsy and traveller site.

 

Councillor Cameron Beart moved a motion to refuse the application on the following grounds:  That the site was unsustainable as it was remote, and away from local amenities.  This was seconded by Councillor Benjamin Martin and on being put to the vote the motion was won, with the Chairman using his casting vote.

 

Resolved:  That application 17/500921/FULL be refused on the grounds that the site was unsustainable as it was remote, and away from local amenities. 

 

2.2       REFERENCE NO -  19/502204/FULL

APPLICATION PROPOSAL

Change of use of land to use as a residential caravan site for one gypsy family with 2no. caravans, including laying of hardstanding and erection of an ancillary amenity building.

ADDRESSLand  ...  view the full minutes text for item 429.

430.

Adjournment of Meeting

Minutes:

The Meeting was adjourned from 9.50pm to 10pm.

431.

Suspension of Standing Orders

Minutes:

At 10pm, 10.30pm and 11pm Members agreed to the suspension of Standing Orders in order that the Committee could complete its business.