To approve the Minutes of the Meeting held on 8 January 2015 (Minute Nos. 414 - 417) as a correct record.

The Minutes of the Meeting held on 8 January 2015 (Minute Nos. 414 – 417) were taken as read, approved and signed by the Chairman as a correct record.

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.

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 Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

Councillor Tony Winckless declared a non-pecuniary interest in respect of the deferred item, New Rides Farm, Lesydown Road, Eastchurch as he was a member of the Royal Society for the Protection of Birds (RSPB).

Councillor Prescott advised that with regard to application 14/502521, The Square, Chequers Hill, Doddington he had prejudged the application.  Councillor Prescott did not speak or vote on this application.

To approve the Minutes of the Meeting held on 19 January 2015 (Minute Nos. to follow).

14/502521 – The Square, Chequers Hill, Doddington, ME9 0BL

The Minutes of the Planning Working Group held on 19 January 2015 (Minute Nos. 435 – 436) were taken as read, approved and signed by the Chairman as a correct record.

14/501545 - The Square, Chequers Hill, Doddington, ME9 0BL

The Area Planning Officer asked Members to note that 13 parking spaces were proposed not 11 as stated in the report.  The Area Planning Officer reported that condition (2) needed to be amended to refer to drawing 2504-12 Rev B.

The Area Planning Officer reported that condition (14) was no longer required as an updated ecology report had been received confirming translocation of one reptile.  He advised that condition (31) needed to be amended to refer to a foul water treatment plant, not a cesspool.

The Area Planning Officer further reported that several letters of support had been received since the site meeting.

Resolved: That application 14/502521 be approved subject to conditions (1) to (32) in the report noting the deletion of condition (14) and the amendment to condition (31) to refer to a foul water treatment plant, not a cesspool.

To consider the following application:

SW/13/1571 – New Rides Farm, Leysdown Road, Eastchurch

Members of the public are advised to confirm with Planning Services prior to the meeting that this 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 28 January 2015.

Tabled papers uploaded 30.01.15.

The Vice-Chairman drew attention to confidential item 6.1 of the agenda.  He advised Members that if they wished to discuss that report the meeting would have to move into closed session.

The Vice-Chairman moved the officer recommendation for approval and this was seconded.

The Major Projects Officer reported that the consultant acoustician representing local residents had written directly to Members.  He drew attention to the response from the applicant’s acoustic expert which was tabled for Members.  The Major Projects Officer reported that a letter from the Freedom of Information Act had been submitted by a local resident raised the following specific questions: Their home, in Kent View Drive, “passed unnoticed” in the Environmental Statement (ES) documents even though it was one of the closest to the turbines; daytime noise levels at their property would be 5dB above maximum limits; and did the Council request further information from Dr Yelland on receipt of his objection?

The Major Projects Officer reported that the applicant’s consultant had responded stating: the complainants property was not specifically identified as the ES had already demonstrated compliance with guidelines at properties closer to the turbines; Dr Yelland had used incorrect figures to measure predicted output, and the turbines would not be in excess of maximum limits (this was fully covered in detail in the technical response submitted previously); and a copy of the applicant’s response to Dr Yelland’s objection was forwarded direct to him.  His subsequent response did not comment on the assertion that he had used incorrect figures/measurements and simply reiterated his original points.

The Major Projects Officer stated that the complainant also suggested that officers had ignored Dr Yelland’s submission, and questioned the impartiality of the Environmental Health Manager in reviewing the submitted information.

The Major Projects Officer reported that a further 19 letters of objection from local residents had been received raising issues already covered in the report and additional questions with regards to: why was the application being presented again when it was refused last month; letter of support form people living off the Isle of Sheppey should not be taken into account; and would impact the view from the mainland.

The Major Projects Officer reminded Members that only the motion to approve was defeated at the last meeting and the application was subsequently called-in by the Head of Planning, and referred Members to the relevant passage in the minute of the meeting on 8 January 2015.

The Major Projects Officer reported that four further letters in support of the application had also been received.  He explained that these reiterated issues set out on page 19 (paragraph 6.03) and particularly emphasised the economic benefits for the local community.  It was also suggested that the Chairman may be unable to control some Members’ opposition to the scheme, and should the application be denied or deferred that when the application went to appeal that the objecting Councillors picked up Swale Borough Council’s (SBC) costs.

The Major Projects Officer drew attention to the two tabled letters  ...  view the full minutes text for item 458.

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 28 January 2015.

PART 2

Applications for which PERMISSION is recommended

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

The Area Planning Officer drew attention to pages 114 and 115 of the report and advised that amended plans were awaited to show additional parking bays along the access road.  He advised that the views of Kent County Council Highways were awaited.

The Area Planning Officer reported that the neighbouring parish of Bobbing had not been consulted on the scheme.  He advised that they had now been consulted, and delegation was sought to approve the application subject to the views of KCC Highways and Head of Service Delivery before the 18 February 2015 and no fresh issues being raised by Bobbing Parish Council in any representation they may wish to make.

A Member considered that vehicle barriers should be provided to prevent fly-tipping and improve security.  He also considered that the provision of security lighting should be included as a condition.

The Area Planning Officer agreed to include the request for installation of vehicle barriers with the applicant.  He drew attention to condition (12) which dealt with security lighting. 

In response to a query, the Area Planning Officer agreed to ensure that the applicant noted the recommendations of the Kent Police Crime Prevention Design Advisor and that they were implemented.

Resolved:  That application 14/505771 be delegated to officers to approve, subject to conditions (1) to (16) in the report, discuss with the applicant the possibility of providing a vehicle barrier, the receipt of amended plans in relation to additional parking bays along the access road, the views of KCC Highways, Head of Service Delivery and Bobbing Parish Council and to no fresh issues being raised in any representations they may wish to make by 18 February 2015.

The Major Projects Officer drew attention to pages 119 and 123 of the report and that the closing date for representations was 2 February 2015.

The Major Projects Officer sought delegated to approve the application subject to no substantive fresh issues being received.

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

Mrs Mollart, the Agent, spoke in support of the application.

A Ward Member stressed the  ...  view the full minutes text for item 459.

To decide whether to pass the resolution set out below in respect of the following item:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2, 3 and 6 of Part 1 of Schedule 12A of the Act:

1.     Information relating to any individual.

2.    Information which is likely to reveal the identity of an individual.

3.    Information relating to the financial or business affairs of any particular person (including the authority holding that information).

6.  Information which reveals that the authority proposes:

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

Resolved:

(1)  That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2, 3 and 6 of Part 1 of Schedule 12A of the Act:

1.    Information relating to any individual.

2.    Information which is likely to reveal the identity of an individual.

3.    Information relating to the financial or business affairs of any particular person (including the authority holding that information).

6.  Information which reveals that the authority proposes:

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

To consider the report attached at (Part 6).

2.1  SW/13/1571 – New Rides Farm, Eastchurch

Resolved: That the report be noted.

2.2  Enforcement Schedule

The Enforcement Team Manager introduced the report and provided updates where applicable.  Members went through the schedule page by page and the Enforcement Team Manager responded to questions.

There was some discussion about  items BAD 1:06 and BRE:11:004 and the importance of ensuring that these were dealt with swiftly.

Councillor Mike Henderson moved the following motion: That legal and planning officers should reach a decision on whether to progress the appeals in time to meet the appeal timetables for items BAD 1:06 and BRE:11:004.  This was seconded by Councillor Andy Booth.  On being put to the vote the motion was agreed.

Following discussions, the Enforcement Team Manager recommended that items BAD 1:06 and FAV/12/013 remain on the schedule.

Resolved:

(1)  That those items as recommended on the list be removed from the schedule but that items BAD 1:06 and FAV/12/013 remain on the schedule.

(2)  That legal and planning officers should reach a decision on whether to progress the appeals in time to meet the appeal timetables for items BAD 1:06 and BRE:11:004.

The meeting was adjourned at 8pm and reconvened at 8.15pm.