To approve the Minutes of the Meeting held on 21 May 2015 (Minute Nos. 21 - 28) as a correct record.

The Minutes of the Meeting held on 21 May 2015 (Minute Nos. 21 – 28) 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.

No interests were declared.

To consider the attached report (Sections 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 10 June 2015.

PART 2

Applications for which PERMISSION is recommended

The Planning Officer reported that there was an error on page 9 in the report; condition (1) needed to be amended to refer to a three-year temporary permission, not three-year commencement and condition (12) needed to be deleted as it contradicted condition (7).  Delegated authority was sought to make these amendments.

The Planning Officer reported that Upchurch Parish Council had submitted a further letter, reiterating their original comments.

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

Members agreed that condition (6) should be amended to the same wording agreed for item 2.2, ‘no vehicle over 3.5 tonnes shall be stationed, parked or stored on the land’ and that condition (8) included previously agreed wording to include landscaping with native species to improve bio-diversity, also covered in item 2.2.

Members raised the following comments:  would like to see assessment methodology attached to future applications; how long was the temporary permission for?; this looked permanent, but sounded like it would not have got a permanent permission; sites had not been identified within Swale; the Council was failing the settled community and gypsy and travellers; we were relying on ‘windfall’ sites; this should be rejected; would dominate rural setting; surprised not more representation from Parish Council; and concerned with cumulative affect.

The motion to approve the application was lost.

Councillor Mike Baldock moved the following motion:  That the application be refused because of the cumulative impact on harm to the countryside character and appearance and on rural amenity.  This was seconded by Councillor Peter Marchington.

A Member considered that as this was a temporary permission and there was a shortage of allocated sites that the Council could lose on appeal.

It was confirmed that the permission was for three years.

On being put to the vote the motion was agreed.

Resolved:  That application 14/500247/FULL be refused on the grounds of the cumulative impact on harm to the countryside character and appearance and on rural amenity.

The Planning Officer reported that amended plans had been received which showed the amenity block moved slightly eastwards.  He sought delegated authority to correct condition (4) on page 22 of the report to read ‘no vehicle over 3.5 tonnes shall be stationed, parked or stored on the land.’

Mr Martin Foad, the Agent,  ...  view the full minutes text for item 64.

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, 4, 5, 6, and 7.

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).  See note below.

4.    Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and any employees of, or office holders under, the authority.

5.    Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

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.

7.     Information relation to any action in connection with the prevention, investigation or prosecution of crime.

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.

To consider the attached report (Part 6).

6.1 – REF 14/500026/OPDEV – 2 metre high timber fencing at 17 the poles, upchurch

The Development Manager reported that the fence to the front of the property had been reduced in height; Members agreed that enforcement action should still be taken.

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 wooden fencing within three 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.