To approve the Minutes of the Meeting held on 23 April 2015 (Minute Nos. 607 - 613) as a correct record.

The Minutes of the Meeting held on 23 April 2015 (Minute Nos. 607 – 613) were taken as read, approved and signed by the Chairman as a correct record.

Councillor Mike Baldock requested that it be recorded that he did not agree with the Minutes.

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 Tina Booth declared a Disclosable Non Pecuniary Interest on application 14/503145/FULL (2.7), 11 Hustlings Drive, Eastchurch and stated that she would not take part during discussion of that item.

Councillor Mike Baldock, as also being a member of Kent County Council (KCC) Planning Committee, declared an interest in items 15/500303/COUNTY (Deferred Item 1), Land at Cryalls Lane, Sittingbourne and 15/502829/COUNTY (4.1), Tunstall Church of England Primary School, Tunstall Road, Tunstall.  Councillor Baldock did not vote or take part during discussion of these items, except as speaking as Ward Member on Deferred Item 1.

To approve the Minutes of the Meeting held on 5 May 2015 (Minute Nos. 621 - 622).

15/501692/FULL – 30 Woodside Gardens, Sittingbourne

The Minutes of the Meeting held on 5 May 2015 (Minute Nos. 621 – 622) were taken as read, approved and signed by the Chairman as a correct record, subject to the inclusion of Councillors Andy Booth’s and Mike Henderson’s apologies.

15/501692/FULL – 30 Woodside Gardens, Sittingbourne

A Ward Member referred to the comments made by local residents at the site meeting held on 5 May 2015.  He spoke against the application and considered the proposal caused overshadowing and that the dwelling should remain as a bungalow.

Discussion ensued on the angle of the existing property, compared to a similar property on the cul-de-sac and that the angle of 30 Woodside Gardens resulted in the extension being intrusive to the neighbouring properties.

Councillor Andy Booth moved the following motion:  That the application be refused as it was over-intensive and harmful to the local amenity.  This was seconded by Councillor Bryan Mulhern.  There was further discussion on the reasons for refusal.  Councillor Bryan Mulhern moved the following amended motion:  That the application be refused as it was intrusive with regard to its size and its relative angle to adjacent properties which gave rise to demonstrable harm to residential amenity.  This amended motion was agreed by Councillor Andy Booth.  The Area Planning Officer provided an overview of the distances of the proposal to adjacent properties, which were in excess of the minimum distances normally considered acceptable.   On being put to the vote the motion was agreed.

Resolved:  That application 15/501/692/FULL be refused as it was intrusive with regard to its size and its relative angle to adjacent properties which gave rise to demonstrable harm to residential amenity.

To consider the following applications:

1.    15/500303/COUNTY – Land at Cryalls Lane, Sittingbourne

2.    14/506623/OUT – 109 Staplehurst Road, Sittingbourne

3.    15/500955/FULL – Land rear of Seager Road, Sittingbourne

Members of the public are advised to confirm with Planning Services prior to the meeting that the applications will be considered at this meeting.

Requests to speak on these items must be registered with Democratic Services (democraticservices@swale.gov.uk or call us on 01795 417328) by noon on Wednesday 20 May 2015.

Reports shown in previous Minutes as being deferred from that Meeting

Mr Stephen Baker, an objector, spoke against the application.

A Ward Member made the following comments: was there evidence the work was required?; unsure how much silt was going to be deposited on the site; some of the existing pipework was exposed/damaged; it was not clear how much damage there was to the existing pipework; the report was generic, it did not contain enough evidence; and the application should be deferred until KCC had reported back on the gas leak into the local water supply, and quantify it.  Another Ward Member, also a member of KCC Planning Committee did not comment on the application, but considered KCC should have responded to the questions that had been raised, and stated that a clear message should be sent to KCC to ask them for the information required to prove a need for the works.

Councillor Mike Henderson moved a motion to raise objection to the application, and withdraw the objection as and when the following had been resolved: 

1.    How much damage there was to the existing pipework?

2.    How much soil would be brought to the site, and what would it consist of?

3.    What evidence was there to demonstrate why the proposed works were necessary?

4.    Was there a badger sett at the site, and if there was, what measures were KCC going to adopt?

5.    Raise objection if hedge cutting to take place during the bird nesting season unless it was necessary for safety reasons.

The motion was seconded by Councillor Bryan Mulhern.  A Homewood Ward Member welcomed objection to the application.  On being put to the vote the motion was agreed.

Resolved:  That  objection be raised to application 15/500303/COUNTY and objection withdrawn as and when the following had been resolved: 

1.    How much damage there was to the existing pipework?

2.    How much soil would be brought to the site, and what would it consist of?

3.    What evidence was there to demonstrate why the proposed works were necessary?

4.    Was there a badger sett at the site, and if there was, what measures were KCC going to adopt?

5.    Raise objection if hedge cutting to take place during the bird nesting season unless it was necessary for safety reasons.

To consider the attached report (Sections 1, 2 and 4).

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 20 May 2015.

SCHEDULE OF DECISIONS

PART 1

Any other reports to be considered in the public session

The Senior Planner drew Members’ attention to the revised conditions which were tabled.  She explained that the applicant was agreeable to the conditions, as amended.  The conditions allowed for a larger range of goods, longer opening hours and also lighting at  the site.

Mrs Rush-Ryan, the applicant, spoke in support of the application.

The Chairman moved the officer recommendation for approval, with amended conditions, and this was seconded.

Resolved:  That application 14/504232/FULL be approved subject to the amended conditions (1) to (6), as tabled at the meeting.

PART 2

Applications for which PERMISSION is recommended

The Major Projects Officer reported that amended plans had been received which had corrected earlier discrepancies.  Following receipt of the plans, the Major Projects Officer explained that a further condition was required so that the windows on the rear elevation had a cill height of at least 1.65 metres above floor level.  He explained that further to paragraph 9.15 on page 86 of the report, the wheelie bin contribution was £2,612.22 and the 5% monitoring fee was £949.89.

The Major Projects Officer reported that he understood the property was last operated as a public house in April 2012, and was then an Indian restaurant until April 2013.

The Major Projects Officer sought delegated authority to add an additional condition as above and for the fine tuning of other conditions as required.

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

A Ward Member welcomed and supported the proposal.

In response to a question, the Major Projects Officer confirmed that the addition of a gate at the side of the property could be looked into further, and amended plans showing the gate would be sought.

Resolved:  That application 14/502848/FULL be delegated to officers to approve subject to conditions (1) to (27) in the report, an additional condition in relation to the height of the window cills, fine tuning of other conditions as required, the signing of a suitably  ...  view the full minutes text for item 25.

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 identify 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 items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 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:  That an Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the service of an enforcement notice consistent with the reason for refusal of 15/500955/FULL (as set out on Page 40 of the agenda).

That the Head of Planning and the Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording to give effect to this decision.

Resolved:  That an Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the removal of the raised planters, retaining walls, walks and steps, to the restoration of the land, to its former levels, within six months of the notice taking effect.

That the Head of Planning and the Head of Legal Partnership of the Council be authorised to prepare and serve the necessary documentation, including the precise wording to give effect to this decision.