Agenda and minutes

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Contact: Democratic Services, 01795 417330 

Items
No. Item

512.

Minutes

To approve the Minutes of the Meeting held on 29 January 2015 (Minute Nos. 455 - 462) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 29 January 2015 (Minutes Nos. 455 – 462) were taken as read, agreed and signed by the Chairman as a correct record.

513.

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.

 

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.

 

Minutes:

Cllr Randall declared a non-pecuniary interest in respect of item 2.4 (Howt Green, Sheppey Way, Bobbing) as the registered speakers were known to him.

514.

Report of the Head of Planning pdf icon PDF 66 KB

To consider the attached report (Parts 1, 2, 3, 4 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 18 February 2015.

Additional documents:

Minutes:

PLANNING COMMITTEE – 19 FEBRUARY 2015                                                PART 2

 

Report of the Head of Planning

 

PART 1 - Any other reports to be considered in the public session

 

1.1       SW/14/0124

APPLICATION PROPOSAL 

Variation to clause 5.1.1 of Section 106 Agreements dated 1997 and 2005 which restrict the use of the lower ground floor to B1 (business) use.

ADDRESS Former Upper Brents Shipyard, Upper Brents, Faversham, Kent, ME13 7DZ

WARD Davington Priory

PARISH/TOWN COUNCIL Faversham

APPLICANT Waterside Residents Association Ltd

AGENT Nicholas Kingsley Smith

 

Mr Channon, a supporter, spoke in support of the application.

 

Mr Lamb, the applicant, spoke in support of the application.

 

The Chairman moved the officer recommendation for refusal and this was seconded.

 

The Ward Member spoke against the officer recommendation to refuse the application.  The Ward Member drew attention to the two reasons for refusal outlined on page 16 of the report and advised that there had been no conflict between local residents and the industrial uses at the site and considered that there would be no harm to the Creekside if the application was approved.

 

The motion to refuse the application was lost.

 

Councillor Mike Henderson moved the following motion: That the current Section 106 Agreements be varied and the application by residents to use the ground floors of the premises for B1 (Business) use or for C3 (Dwellinghouses) use, without use for sleeping accommodation, be allowed.  This was seconded by Councillor Andy Booth.

 

At this point the Locum Senior Lawyer requested that officers be delegated authority to ensure suitable wording of the Section 106 Agreements.  Both the proposer and seconder agreed to this amendment to the motion.

 

On being put to the vote the motion and amendment were agreed.

 

Resolved:  That application SW/14/0124 be approved and that the current Section 106 Agreements be varied and the application by residents to use the ground floors of the premises for B1 (Business) use or for C3 (Dwellinghouses) use, without use for sleeping accommodation, be approved and that delegation be granted to officers to draft suitable wording.

 

PART 2 - Applications for which PERMISSION is recommended

 

2.1       SW/14/0423

APPLICATION PROPOSAL 

New dwelling within rear garden.

ADDRESS R/O 124 Chaffes Lane, Upchurch, Nr Sittingbourne, Kent, ME9 7BG     

WARD Hartlip, Newington & Upchurch

PARISH/TOWN COUNCIL Upchurch

APPLICANTMr & Mrs K Harrell

AGENT Mr Robert A Clayton

 

The Senior Planning Officer requested that condition (8) be amended to include reference to the planting of indigenous species.

 

Mr Edkins, an objector, spoke against the application.

 

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

 

A Ward Member spoke in support of the application.  He stated that whilst the loss of the garden was disappointing, Kent County Council (KCC) Highways raised no objection and he considered that on balance the application was acceptable.

 

Councillor Mulhern moved a motion for a site visit.  This was seconded by Councillor Andy Booth.  On being put to the vote the motion was agreed.

 

Resolved:  That application SW/14/0423 be deferred to allow the Planning Working Group to  ...  view the full minutes text for item 514.

515.

Extension of Meeting

Minutes:

During consideration of item 3.1 Members agreed to an extension of the meeting to 10.30pm.

516.

Suspension of Standing Orders

Minutes:

Members agreed to the suspension of standing orders in order that the Planning Committee could complete its business.