To approve the Minutes of the Meeting held on 11 June 2015 (Minute Nos. 62 - 66) as a correct record, subject to the resolution on item 2.5, The Old Dairy, Halfway Road, Minister-on-Sea, referring to application 14/502847/FULL, not 14/502729/OUT.

The Minutes of the Meeting held on 11 June 2015 (Minute Nos. 62 – 66) were taken as read, approved and signed by the Chairman as a correct record, subject to the resolution on item 2.5, The Old Dairy, Halfway Road, Minster-on-Sea, referring to application 14/502847/FULL, not 14/502729/OUT.

Councillor Mike Henderson requested that the resolution for item 2.2 (14/506762/FULL) be amended to read ‘that only one commercial vehicle over 3.5 tonnes shall be stationed, parked or stored on the land.’

Councillor Mike Baldock requested that the resolution for item 2.1 (14/500247/FULL) should be re-worded to read ‘be refused on the grounds of harm to the countryside character and appearance and on rural amenity, and the cumulative impact.’

Members agreed to these amendments and the Minutes were signed.

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 James Hunt declared an interest on item 4.1 (15/500348/COUNTY), as he had voted on this item at Iwade Parish Council.  He explained that he would not speak on the item, except to report Iwade Parish Council’s comments.

Councillor Mike Baldock, as also being a member of Kent County Council (KCC) Planning Committee, declared an interest on items 4.1 (15/500348/COUNTY) and Deferred Item 2 (15/500303/COUNTY).  Councillor Baldock did not vote or take part during discussion of these items, except as speaking as a Ward Member on Deferred Item 2.

To consider the following applications:

1.    15/501604/FULL – 95 Borden Lane, Sittingbourne

2.    15/500303/COUNTY – Land at Cryalls Lane, 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 1 July 2015.

The Development Manager reported that an amended plan of the garage had been received.  This showed the garage with a reduced width from 9 metres to 8 metres, and a reduced height from 4 metres to 3.5 metres.  He explained that the garage could be built under permitted development rights if such tolerances existed, as the new dwelling was not yet built and occupied.

The Development Manager reported that two further objections had been received, and he outlined the comments as follows:  the garage was still too high as the gardens were on a slope; a flat roof would be better; welcome the decrease in dimensions, but still too large; and the roof would be better if hipped.

The Development Manager explained that condition (19) in the report would need to be amended to reflect the submission of the amended plans.

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

Councillor Mike Henderson moved the following amendments:  That condition (2) be amended to read ‘……..renewable energy production including, but not limited to……’ and condition (6) to delete ‘where possible’.  These were accepted by the proposer and seconder.

Resolved:  That application 15/501604/FULL be approved subject to conditions (1) to (19) in the report and condition (2) be amended to read ‘……..renewable energy production including, but not limited to……’ and condition (6) to delete ‘where possible’.

Mrs Jane Howard, an objector, spoke against the application.

The Chairman moved the officer recommendation of ‘no objection be raised’ and this was seconded.

A Ward Member spoke against the application.  He welcomed the responses, but considered further information was needed on the hours of construction, and where the material was coming from.  He considered accessibility to the site along Cryalls Lane by large trucks would be difficult, and there were no passing points.

Another Ward Member raised concern with the impact of the road movements along Wises Lane on other road users.

Councillor Mike Henderson moved the following amendment:  That it be requested that KCC carried out the work within a shorter timeframe and that the two badger setts on the site be brought to KCC’s attention with the message that if the setts were disturbed, the KCC Cabinet Member may be liable to criminal proceedings.  This was agreed by the proposer and  ...  view the full minutes text for item 90.

To consider the attached report (Parts 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 1 July 2015.

PART 2

Applications for which PERMISSION is recommended

The Chairman acknowledged the correspondence and update, including a letter of objection from a neighbour, the applicant’s response and a letter from his arboriculturist which had been emailed to members of the Planning Committee.

Mr Robert Holyoake, an objector, spoke against the application.

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

A Ward Member spoke against the application, in particular, the affect of the extension on the trees/hedges on the boundary.

In response to a question, the Development Manager explained that a tree expert had advised that the extension would not impact on the root system of the boundary landscaping, and that this was in fact a private matter between the applicant and the neighbours.  He explained the impact on nos. 6 and 7 Rooks View was outlined in the report.

Resolved:  That application 15/502978/FULL be approved subject to conditions (1) and (2) in the report.

Mr Przyjemski, the Agent, spoke in support of the application.

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

A Ward Member spoke in support of the application and considered it would ‘tidy’ the area up; he preferred four, rather than five dwellings on the site and requested that rural broadband be included.

A Member requested that condition (6) be amended to delete the words ‘where possible’.  This was agreed by Members.

Members made the following comments:  agreed with this use of a brownfield site; were the representations on page 47 of the report still valid after the amendments to the buildings?; welcomed removal of permitted development rights; and this was sympathetic to the surrounding area.

The Area Planning Officer reported that the representations were submitted in response to the original application.  He explained that two of the houses had been reduced in size and condition (17) in the report addressed the right to alter or enlarge the dwellings.

In response to a further question, the Area Planning Officer explained that there was only one way into the development, so he did not consider there would be an issue of alternative routes into the development/future expansion.

Resolved:  That application 15/501089/FULL be approved subject to conditions (1) to (18) in the report, including an amendment to condition (6), and the decision to be issued upon receipt of a Unilateral Undertaking from the applicant to extinguish existing commercial use rights and maintain adjoining land  ...  view the full minutes text for item 91.

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 15/500955 LAND REAR OF SEAGER ROAD, SHEERNESS, ME12 2BG

Members welcomed the recommendation as set out in the report.

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 dwellings and flats from the site and the restoration of the land to its original state 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.