Agenda and minutes

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

Contact: Democratic Services, 01795 417330 

Note: Moved from 23 May 2019 

Items
No. Item

Audio Recording

19.

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.

 

 

20.

Minutes

To approve the Minutes of the Meeting held on 25 April 2019 (Minute Nos. 608 - 613) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 30 May 2019 (Minute Nos. 608 – 613) were taken as read, approved and signed by the Chairman as a correct record.

21.

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 Eddie Thomas declared a Non-Pecuniary Interest on item 2.4 18/502735/FULL Land at Perry Court, Ashford Road, Faversham as he had previously campaigned for adequate infrastructure and air quality improvements at the site.

 

Councillor Tim Valentine declared a Non-Pecuniary Interest on deferred item 1 18/503723/MOD106 as he had instructed the Agent Brachers LLP in a private matter.

22.

Deferred Item pdf icon PDF 46 KB

To consider the following application:

 

18/503723/MOD106 – 153 London Road, Sittingbourne, Kent, ME10 1PA

 

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 29 May 2019. .

Additional documents:

Minutes:

 

Deferred Item 1 REFERENCE NO – 18/503723/MOD106

APPLICATION PROPOSAL

Modification of Planning Obligation dated 18/05/2010 under reference SW08/1124 to allow a reduction 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

 

Ward Members welcomed the application.

 

The Chairman invited Members to ask questions.

 

A Member asked whether there was a signed agreement with the registered provider for the three units?  The Major Projects Officer advised that there was no signed agreement but that was not unusual at this stage of the application. 

 

A Member asked where on the development the affordable houses would be?  The viability of the proposal needed to be looked at again and would these properties meet the Homes England Criteria?  She raised concern that the developer had already sold some properties, and asked whether smaller housing providers been approached? 

 

The Major Projects Officer explained that that level of detail would be considered through the Section 106 Agreement.  The Major Projects Officer explained that there was nothing to stop the developer from pre-selling the units as they already had planning permission, and as long as they did not go beyond the trigger which was the 22 occupation before the affordable housing provision was confirmed, he did not consider it unreasonable.  With regard to prices he considered that these would have gone up in-line with inflation and that build costs would also have risen.  He explained that officers had looked at prices and done some broad calculations and the profit margin was unlikely to be much beyond approximately 10%, the Government bench mark for reasonable profit was 20% so he did not consider the applicant was going to make an unacceptable level of profit.  He stated that officers were of the opinion that the 10% affordable housing was in-line with the Local Plan and appropriate.  The Major Projects Officer concluded by saying that the registered provider had been involved with discussions and would be unlikely to enter into a deal if they did not think the properties were being built to an appropriate standard.

 

Members debated the application and raised the following points: a regrettable application which would open the flood gates for other developments with affordable housing allocations; no commentary from the registered housing provider within the Committee report; as the scheme has already been built, the Committee had no assurance that it had been built to the correct standard as no detail had been provided in the Committee report; the Committee report referred to 0.65% profit and now we are being told it was 10% profit, Members were not able to interrogate that information and did not feel comfortable agreeing the application without seeing that information; viability had been an issue at the site since 2017; the application was a fait accompli; the developer had under-priced the units; lots of inconsistencies in the applicant’s statements; not confident that the three units would be provided; without the service  ...  view the full minutes text for item 22.

23.

Schedule of Decisions pdf icon PDF 77 KB

To consider the attached report (Parts 1, 2 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 29 May 2019.

 

Tabled papers published Tuesday 4 June 2019.

Additional documents:

Minutes:

PART 1

 

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

 

1.1 REFERENCE NO – TPO No. 6 of 2018

APPLICATION PROPOSAL

This report seeks the permission of the Planning Committee to Confirm without modification Tree Preservation Order No. 6 of 2018 for which objections have been received.

ADDRESSBlean Wood, Dunkirk, Kent

WARDBoughton and Courtenay

PARISH/TOWN COUNCIL

Dunkirk

 

The Development Manager reminded Members that there had been a Tree Preservation Order on the two small parts of the site since 1974, but that a larger Tree Preservation Order area was now required.

 

Parish Councillor Jeff Tutt, representing Dunkirk Parish Council, spoke in support of the application.

 

Resolved:  That application TPO NO. 6 of 2018 be confirmed without modification.

 

PART 2

 

Applications for which PERMISSION is recommended

 

2.1  REFERENCE NO - 18/506323/FULL

APPLICATION PROPOSAL

Retrospective application for the stationing of 37 static caravans including associated hardstanding and landscaping. 

ADDRESS Meadow View Park, Irwin Road, Minster-on-Sea, Sheerness, Kent, ME12 2DB   

WARD Minster Cliffs

PARISH/TOWN COUNCIL Minster-on-Sea

APPLICANT Mr Henry Boswell

AGENT Michael Parkes Surveyors

 

The Planning Officer drew attention to condition (3) of the Committee report which restricted occupancy to 8 months.  He explained that the site benefited from 10 month occupation (granted in 2012 under SW/12/0306) and requested delegation to correct the conditions to reflect that. 

 

The Planning Officer further reported that one additional letter of objection had been received from someone who had already commented, they raised issues already covered in the report and corrected some minor points: the access road was made-up of 2 private roads, not 1; theadjacent park was not called “Irwin Park” any more; condition (3) should be for 10 months; and noted a number of issues of maintenance and construction relating to the chalets on Parklands Village were unrelated to the application at hand.

 

The Chairman invited Members to ask questions.

 

In response to a query from a Member, the Planning Officer confirmed that following an application agreed at Planning Committee on 14 May 2012 for the site, the ten month occupancy had been agreed.  He advised that the site was now in new ownership.

 

A Ward Member raised concern about planning breaches at the adjacent park and that Planning Enforcement needed to be proactive in addressing these issues.

 

The Head of Planning advised that enforcement officers did carry out spot checks and that Members could inform officers of any specific breaches they may be aware of.

 

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

 

Resolved:  That application 18/506323/FULL be delegated to officers to approve subject to conditions (1) to (5) in the report and an amendment to condition (3) to ten month occupancy.

 

2.2  REFERENCE NO – 19/500050/FULL & 19/500051/LBC

APPLICATION PROPOSAL

Conversion, part demolition and extension of former school building to provide two 4 bedroom dwellings, and erection of two detached 4 bedroom dwellings with associated landscaping and parking. 

ADDRESS Tunstall Church of England Primary School, Tunstall  ...  view the full minutes text for item 23.