The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

The Chairman will inform the meeting that:

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park; and

(b) the lifts must not be used in the event of an evacuation.

Any officers present at the meeting will aid with the evacuation.

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

The Chairman ensured that those present were aware of the emergency evacuation procedure.

To approve the Minutes of the Meeting held on 11 February 2016 (Minute Nos. 492 - 498) as a correct record.

The Minutes of the Meeting held on 11 February 2016 (Minute Nos. 492 – 497) were taken as read, approved and signed by the Chairman as a correct record subject to the following amendments:

Minute No. 497 Item 2.13, the motion ‘that the application be deferred to allow re-consultation on the amended plans be amended’ was seconded by Councillor Cameron Beart not Councillor Mike Dendor. 

Minute No. 497 item 2.7 14/501588/OUT Land at Stones Farm, The Street, Bapchild, Kent, ME9 9AD, the following be included:  Councillor Mike Baldock asked that it 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 Mike Henderson declared a Non Pecuniary Interest in respect of item 3.1 15/509814/FULL 19 South Road, Faversham as he was a Trustee of Faversham Swimming Pool.  Councillor Henderson did not speak or vote on this item. 

To approve the Minutes of the Meeting held on 29 February 2016 (Minute Nos. 536 - 537).

15/503342/FULL – 16 Stiles Close, Minster-on-Sea, Kent, ME12 2TQ

The Minutes of the Meeting held on 29 February 2016 (Minute Nos. 536 – 537) were taken as read, approved and signed by the Chairman as a correct record.

15/503342/FULL – 16 Stiles Close, Minster-on-Sea Kent, ME12 2TQ

The Vice-Chairman in the Chair for this item, moved the officer recommendation to approve the application and this was seconded.

A Ward Member spoke against the application and raised the following concerns: would have an adverse impact on neighbouring properties due to its size; would increase parking problems; visually overbearing to the surrounding area; two parking spaces was mis-leading; and Minster Parish Council raise objection to the proposal. 

In response to queries from Members, the Area Planning Officer stated that the landscaped, gravelled area, and dropped kerb were not in the ownership of the applicant.  The distance from the proposed extension to the boundary line of no. 12 Appleford Drive, Minster was a maximum 0.5 metres.  He had not calculated the percentage increase over the current building.

Members considered the application and raised the following points: was not ‘a fait accompli’ as suggested by an objector; the officer recommendations were clear and members of the Planning Committee made no prior consideration; ½ metre distance on southerly site to boundary of no. 12 was ‘tight’ and would not be accessible; was not a modest extension; too close to the boundary of no. 12 Appleford Drive; and would impact on the modern/rural image of the estate; and the impact to the quality of life of the residents of 12 Appleford Drive would be a ‘step too far’.

On being put to the vote the motion to approve the application was lost.

Councillor Andy Booth moved the following motion: That the application be refused due to its inappropriate scale which would have an adverse impact on the visual amenities of the area and on the residential amenities of the adjacent properties causing loss of outlook and overshadowing.  This was seconded by Councillor Tina Booth.

On being put to the vote the motion was agreed.

Resolved:  That application 15/503342/FULL be refused due to its inappropriate scale which would have an adverse impact on the visual amenities of the area, and on the residential amenities of the neighbouring property causing loss of outlook and overshadowing.

To consider the following applications:

15/503580/FULL – Land North of Homestall Road, Doddington, Kent, ME9 0LB

15/508025/REM – Former HBC Engineering Site Power Station Road, Minster-on-Sea, Kent, ME12 3AB

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 9 March 2016.

The Area Planning Officer drew attention to his update which was tabled for Members.  He reported that delegation was sought to issue a refusal of planning permission subject to no fresh representations raising fresh issues being received on or before 15 March 2016.

Parish Councillor Colin Woods, representing Newnham Parish Council, spoke against the application.

Mrs Jean Price, an objector, spoke against the application.

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

Ward Members spoke against the application and raised points which included: praise local residents for their work and clear arguments to refuse the application; dispute the applicant’s gypsy and traveller status, they do not lead a nomadic life; there are sufficient gypsy and traveller sites available; no amenities at the site; drainage from the motorway goes into an ‘open’ pond at the site and closeness to the M2 would have an adverse impact on the health and wellbeing of the applicant; within an Area of Outstanding Natural Beauty (AONB); the proposed acoustic fence unacceptable in an AONB; the site would be visible from Straight Hill; the number of gypsy and traveller sites in the area would mean that the settled community were outnumbered by the gypsy and traveller community; does not comply with Council policies; and was the wrong location.

Members considered the application and raised the following comments: concerned that the planning history may legally mean the application could be approved on appeal as set out in paragraph 9.1 of the committee report; this was not a suitable site for anybody to live; and if the applicant believes he can survive on the site that is his responsibility, we should not refuse on lack of amenity grounds.

Resolved:  That application 15/503580/FULL be delegated to officers to refuse for the reason outlined in the report, subject to no fresh representations raising fresh issues being received on or before 15 March 2016.

The Area Planning Officer reported that, as set out in the report, additional details relating to the issue of adoption of the road and public landscaped areas had been received.  The landscape proposals were tabled for  ...  view the full minutes text for item 588.

To consider the attached report (Parts 1, 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 9 March 2016.

PART 1

Any other reports to be considered in the public session

The Head of Planning Services reported that a further representation had been received in support of the planning application from Sittingbourne Retail Park Ltd stating that it would bring much needed fresh investment into Sittingbourne and help raise its profile in competing with other centres in this part of Kent.

The Head of Planning Services further reported that an additional letter had been received expressing the following: concerns about the proposal to remove the drop-off area for the rail station; do not believe the cinema would be providing an affordable service to local residents; and other issues raised which had already been considered by the committee or raise issues about general regeneration within the town centre.

The Head of Planning Services advised that amended plans had very recently been received which revised the scheme demonstrating how the public realm area would be handled.  He sought delegation to either supplement existing conditions or introduce new conditions to require samples and Local Authority agreement to the materials to be used within the public realm and any details regarding features including public art/sculptural features and any associated highway amendments.

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

A Ward Member raised concern that such important issues were being delegated to officers, particularly those outlined in paragraph 3.18 of the committee report, which he considered lacked clarity. 

Members raised the following points: was important that Members kept control and concerned about the degree of officer delegation recommended; concern that there was still no clear resolution on public realm; agree should not pass-over this degree of details to planning officers; if we do not agree to extend the cinema opening time would the company pull out of the project?; if we don’t delegate to officers would delay the project even further; this was not the time for ‘political jousting’, officers were professionals and we should entrust them with the delegation; Members can speak to Planning Officers at any time about any aspect of the application they are concerned about; and concern about the inadequate parking proposed which will put people off visiting the town centre.

Councillor Mike Henderson moved the following  ...  view the full minutes text for item 589.

To decide whether to pass the resolution set out below in respect of the following items:

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 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 (Part 6).

6.1   Newington Hand Car Wash, 67 High Street, Newington

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 use of the land for the stationing of a caravan used residentially and/or the use of the main building for residential purposes cease within 3 months of the Notice taking effect.

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

6.2  ENF/13/013 – alleged unlawful use of garage for car sales at Iwade Garage, Iwade

Resolved: That the situation be noted and no further action be taken.

The meeting was adjourned at 8.45pm and reconvened at 8.53pm.