Agenda and minutes

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Contact: Democratic Services, 01795 417330 

Items
No. Item

22.

Introduction

Minutes:

The Chairman explained that the meeting would be conducted in accordance with the Local Authorities and Police and Crime Panel (Coronavirus) Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No. 392.

 

In welcoming all Members and members of the public, the Chairman explained which Swale Borough Council officers were in attendance.

 

22a

Audio Recording

Minutes:

23.

Minutes

To approve the Minutes of the Meeting held on 25 June 2020 (Minute Nos. 714 - 717) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 25 June 2020 (Minutes Nos. 714 – 717) were taken as read, approved and signed by the Chairman as a correct record.

24.

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.

25.

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 22 July 2020.

 

Additional information has been added to these items which might be referred to at the meeting.

 

Tabled update for item 2.1 added 22 July 2020.

 

Tabled letter for item 2.3 added 23 July 2020.

Additional documents:

Minutes:

PART 2

 

Applications for which PERMISSION is recommended

 

2.1    REFERENCE NO -  20/500938/MOD106

APPLICATION PROPOSAL

Modification of a Planning Obligation under reference SW/08/1124 to remove the requirement for provision of on-site affordable housing and replace it with a requirement to make a financial contribution of £44,000 towards off-site provision.

ADDRESS153 London Road Sittingbourne Kent ME10 1PA  

WARD Borden And Grove Park

PARISH/TOWN COUNCIL

APPLICANT Clarity Propoerties LTD

AGENT Brachers LLP

 

The Senior Planning Officer introduced the report and referred to the tabled update for this item.  He advised that the start letter for the appeal submitted against non-determination had been received on 23 July 2020, and the deadline for the Council’s Statement of Case was 3 September 2020, if Members voted to defend the appeal..

 

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

 

A visiting Ward Member spoke against the application.

 

A Ward Member who was also a member of the Planning Committee spoke against the application.  He said that £44,000 was not enough to construct three affordable housing units, and that a clear message needed to be sent to the developer.

 

Members were invited to debate the application and the following points were made:

 

·         The developers should supply the affordable housing units;

·         it was not right that the developers kept asking for variations, the Council needed to stand firm on this;

·         £44,000 was not enough for affordable housing;

·         the £44,000 could be lost if Members did not approve the application;

·         affordable housing was needed, but housing associations had no appetite to take on small numbers;

·         the Council could lose the appeal and the commuted sum;

·         did not like the way the developer, and the housing association had acted;

·         the developer could not get the housing association to buy the units, what else could they do?

·         the Council could not force the developer when the units could not be sold;

·         the formula for commuted sums varied so much;

·         the developer was trying to get out of their obligations;

·         the Council should go to appeal and fight this;

·         there was evidence at paragraphs 7.1 and 7.2 in the report that housing associations could not work with this development;

·         the Council would be ‘laughed-at’ at appeal; and

·         Members should go with the officer recommendation.

 

In response, the Senior Planning Officer advised that there was no formula for commuted sums in Swale, and that if Members wished to pursue this then a change to policy, or a new policy, was required.  However, there would also always be the need to consider applications on a case-by-case basis, especially on a site like this one.   A Supplementary Planning Document (SPD), or a specific policy dealing with this issue could be investigated further as part of the Local Plan Review.  The Head of Planning said that a housing SPD was coming forward as part of the Local Plan Review.  He added that the commuted sum calculations varied from borough to borough, mainly because of differences  ...  view the full minutes text for item 25.

26.

Extension of Standing Orders

Minutes:

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