To approve the Minutes of the Meeting held on 15 October 2015 (Minute Nos. 276 - 284) as a correct record.

The Minutes of the Meeting held on 15 October 2015 (Minute Nos. 276 – 284) were taken as read, approved and signed by the Chairman as a correct record subject to the following amendments:

Minute No. 279 item 2.7 Land at Perry Court, London Road, Faversham, page 299, final sentence of the fourth paragraph from the bottom be deleted and replaced with: the Member asked the officer to clarify whether deferring or refusing the application was the best solution.

Minute No. 279 Item 2.6 The Vicarage, Church Lane, Newington, the following wording be added:  Councillor Mike Baldock asked for it to be recorded that he voted against the application.

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 Andy Booth declared a Pecuniary interest in respect of items 2.2 & 2.3 (14/506519/FULL - Land at Kent Terrace, Canterbury Lane, Upchurch, Kent, ME8 8QP) as he carried out business for the Ministry of Defence.  Councllor Booth left the room during consideration of this item.

Councillor James Hunt declared an interest in respect of application 15/505901/REM land adj. Coleshall Farm, Ferry Road, Iwade, Sittingbourne, Kent, ME9 8QY as he had spoken on behalf of Iwade Parish Council at the Planning Working Group meeting.  Councillor Hunt left the room during consideration of this item.

To approve the Minutes of the Meetings held on 26 October 2015 (Minute Nos. to follow).

SW/15/505910/REM – Land adj. Coleshall Farm, Ferry Road, Iwade, Sittingbourne, Kent, ME9 8QY

15/506335/FULL – 30 Woodside Gardens, Sittingbourne, Kent, ME10 1SG

15/505114/FULL – Land adjacent to and forming part of 2 Swedish Houses, Throwley Road, Throwley, Kent, ME13 0PF

The Minutes of the Meeting held on 26 October 2015 (Minute Nos. 297 – 300) were take as read, approved and signed by the Chairman as a correct record.

15/505910/REM Land adj. Coleshall Farm, Ferry Road, Iwade, Sittingbourne, Kent, ME9 8QY

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

The Planning Officer reported that as noted at the site meeting further amended drawings had been received showing: units 236 and 237 moved away from the existing units (minimum 21 metres); units 236 to 244 changed from 2.5 storey to 2 storey, and the 2.5 storey units placed within the centre of the site; a 1.8 metre fence and hedgerow along the northern boundary with the existing properties on Mansfield Drive and Monins Road; the fence and hedgerow extending towards the stream to prevent access through to Mansifled Drive; and a knee rail running alongside the stream to the front of units 228 to 234 to obstruct access.

The Planning Officer reported that one further letter had been received from a neighbouring resident, requesting that unit 248 be reduced to 2 storey instead of 2.5 storeys.  The Planning Officer noted, however, that the intervening distance was a minimum of 25 metres, and that the proposed dwelling had already been turned through 90 degrees and moved further away from the common boundary at the neighbour’s request.  He considered the current layout was acceptable.

The Planning Officer advised that a letter on behalf of the residents of 36-46 Mansfield Drive had also been received, requesting the following: the northern boundary fence be constructed using concrete kick-boards and concrete fence posts; the fence posts to be 2.1 metres above ground level; the existing rear boundary fences to be removed and disposed of by the contractor; the new fence to be erected on existing garden boundary line; the contractors to have access to existing gardens via the development site; and the fence to extend to meet the knee rail by the stream.

The Planning Officer asked Members to note that the use of concrete posts and kickboards could be secured by condition, but that the other items amounted to private legal matters that should be agreed between residents and the developer, outside of the planning process.  The agent for the application had, however, confirmed that the developer was happy to work with local residents to meet all of these requests.

The Planning Officer requested that the application be delegated to officers to approve subject to an additional condition to secure concrete fence posts and kick-boards, and minor corrections to the conditions noted in the report to reflect the amended drawings and fencing as outlined above.

A Member congratulated the applicant, agent and officers for considering the concerns raised by residents at the site meeting and the amendments to the scheme proposed.

RESOLVED:  That application 15/505910/REM be delegated to officers to approve subject to conditions (1) to (6) in report, an additional condition to secure concrete fence posts and  ...  view the full minutes text for item 317.

To consider the attached report (Sections 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 4 November 2015.

PART 2

Applications for which PERMISSION is recommended

The Area Planning Officer reported that amended drawings had been received on 29 October 2015 showing a lower roof pitch on the porch.

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

Resolved:  That application 15/505765/FULL be approved subject to conditions (1) and (2) in the report and changes to the roof pitch on the porch as per the amended drawings.

The Area Planning Officer reported that the applicant had advised that there were no redundant dishes on the mast.  The Area Planning Officer advised that the County Archaeological Officer had suggested an amendment to condition (3) relating to an access watching brief to allow access to the site for the County Archaeologist before commencement of works.

Parish Councillor Tutt, representing Dunkirk Parish Council, spoke against the application.

Ms Bye, the Agent, spoke in support of the application.

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

Ward Members spoke against the application and raised the following points: need to ensure further bracing was added so do not lose the intrinsic nature of the mast; when will enough-be-enough this is a listed building and adjacent to a Scheduled Ancient Monument and should be protected.

In response to queries, the Area Planning Officer clarified that the dishes would not be on the mast but at ground level.  The Area Planning Officer stated that he understood concerns about increase in size of the mast and that a structural survey had been commissioned and that the strengthening of the mast by bracing on existing diagonal cross-members between 60 to 69 metres above ground level was proposed as a result.

Members raised the following points: if the mast was not strengthened it will be lost, this application will ensure that it was maintained; minded to support but only because if we do not allow this we will just get a further request to place it somewhere else; disappointed that no Section 106 contributions were requested; and consider this is the best way to preserve the mast.

Resolved:  That application 14/500285/FULL be approved subject to conditions (1) to (4) in the report and the amendments requested by the County  ...  view the full minutes text for item 318.

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).

4. Information relating to any consultation 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 relating to any action taken in connection with the prevention, investigation or prosecution of crime.

To consider the attached report (Section 6).

14/501353/FULL and 14/501354/LC – Retention of external roller shutter (retrospective) at 61 High Street, Sittingbourne, Kent, ME10 4AW

Resolved:  That an Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, and a Listed Building Enforcement Notice pursuant to the provisions of Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended, requiring the removal of the unauthorised shopfront and roller shutter and reinstatement of the property to its former condition as approved under planning permission SW/11/0391 and listed building consent SW/11/0392 within 1 year of the Notice taking effect.

The meeting was adjourned at 9.32pm and reconvened at 9.37pm.