Agenda and minutes

Venue: Council Chamber, Swale House, East Street, Sittingbourne, Kent, ME10 3HT

Contact: Democratic Services, 01795 417330 

Items
No. Item

703.

Fire Evacuation Procedure

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.

 

Minutes:

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

704.

Minutes

To approve the Minutes of the Meeting held on 28 April 2016 (Minute Nos. 648 - 655) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 28 April 2016 (Minute Nos. 648 – 655) were taken as read, approved and signed by the Chairman as a correct record, subject to recording that Councillor Mike Baldock had objected to a representative from Hartlip Parish Council not being able to speak on item 2.5, 15/510595/OUT, Land off London Road, Newington.

 

Post Meeting Note: The above wording was included in the Minutes of the 28 April 2016 Meeting, at the beginning of item 2.5.

705.

Declarations of Interest

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.

 

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

 

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.

 

Minutes:

Councillor Cameron Beart declared a Disclosable Pecuniary Interest in respect of item 3.1, 16/500627/FULL, Marsh Bank, Old Ferry Road, Iwade and left the Chamber during consideration of this item.

 

Councillor Tina Booth declared a Disclosable Pecuniary Interest in respect of items 2.2, 15/509875/FULL, 35 Orchard Way, Eastchurch and 2.4, 15/510422/FULL, Warden Springs Holiday Park, Thorn Hill Road, Warden, and left the Chamber during consideration of these items.

 

Councillor Nigel Kay declared a Disclosable Pecuniary Interest in respect of item 2.1, 16/501352/FULL, 12 Market Place, Faversham and left the Chamber during consideration of this item.

 

Councillor Bryan Mulhern declared a Non-Pecuniary Interest in respect of item 2.1, 16/501352/FULL, 12 Market Place, Faversham, although a member of Faversham Town Council, he had not previously discussed this matter.

 

706.

Planning Working Group

To approve the Minutes of the Meeting held on 16 May 2016 (Minute Nos. to follow).

 

2.2 15/508144/FULL 6 Sheerstone, Iwade, Kent, ME9 8RN

Minutes:

The Minutes of the Meeting held on 16 May 2016 (Minute Nos. 660 – 661) were taken as read, approved and signed by the Chairman as a correct record.

 

15/508144/FULL 6 Sheerstone, Iwade

 

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

 

Members raised the following points:  this was over-intensification; concerned that the proposed parking would not fit on the site; the scale of the proposed dwelling was too big; and it did not improve the streetscene.

 

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

 

Councillor Andy Booth moved a motion to refuse the application on the grounds that the scale of the proposed dwelling was greater than could reasonably be afforded on the site and it was detrimental to the streetscene.  This was seconded by Councillor James Hunt.

 

A Member raised concern with the parking, and in response the Kent County Council (KCC) Highways & Transportation Officer explained that three car parking spaces were to be provided on the site and this was above the standard required for a property of this size.  Another Member considered parking to the front of the property would affect the streetscene.

 

On being put to the vote the motion to refuse the application was won.

 

Resolved:  That application 15/508144/FULL be refused on the grounds of the scale of the proposed dwelling being greater than could reasonably be afforded on the site and it was detrimental to the streetscene. 

707.

Deferred Item pdf icon PDF 179 KB

To consider the following application:

 

15/510595/OUT, Land off London Road, Newington.

 

Members of the public are advised to confirm with Planning Services prior to the meeting that the application 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 25 May 2016.

Additional documents:

Minutes:

 

 

DEF ITEM 1  REFERENCE NO – 15/510595/OUT

APPLICATION PROPOSAL

Outline application with all matters reserved (except for the details of a vehicular access point from London Road, including the widening and realignment of the A2) for residential development of up to 126 dwellings (including 30% Affordable), plus 60 units of Extra Care (Use Class C2), an allocated 1/4 acre of serviced land for potential doctors surgery, planting and landscaping, informal open space, children's play area, surface water attenuation, and associated ancillary works (Resubmission of 15/500671/OUT).

ADDRESS Land Off London Road Newington Kent  

WARDHartlip, Newington & Upchurch

PARISH/TOWN COUNCIL Newington

APPLICANTGladman Developments

 

The Major Projects Officer drew Members’ attention to the tabled paper which provided some further comments from a Ward Member, with officer responses.  One further letter of objection had been received which raised issues already noted in the report.  The Major Projects Officer referred to paragraph 8.0 on page 14 of the report which stated that the recommendation would have been to approve the application, subject to a Section 106 Agreement and the conditions in the report, had an appeal not been submitted.

 

Parish Councillor Stephen Harvey, Newington Parish Council, spoke against the application.

 

Mr Richard Knox-Johnson, representing the Campaign for the Protection of Rural England, spoke against the application.

 

The Chairman moved the officer recommendation to advise the Planning Inspectorate that the Council supported the proposals and this was seconded.

 

A Ward Member spoke against the application and raised points which included:  consideration needed to be given to the KCC Waste and Mineral plan report on the brick earth; the geological data was not complete; a further brick earth survey was needed on the site; there would be a cumulative effect of building at this site; viability of brick earth needed to be looked at further; and detrimental impact on the landscape.

 

A second Ward Member spoke against  the application and raised points which included:  considered judgement on the application was finely balanced; heritage assets needed to be considered; landscape character assessment had stated serious concerns with the proposal; pressure on local services, and schools, with any expansion of local schools being detrimental to the highway; concerned with access to the site; and this would contribute to the 5-year supply of housing.

 

Councillor Mike Henderson proposed the following reasons for refusing the application if the motion to approve were to be lost:

 

·        The development was too large for Newington; it would be a 20% increase to a small village;

·        This development was not within the village envelope;

·        Loss of potential brickearth resource; it was clear the applicant had not carried out a proper survey;

·        Loss of best and most versatile high quality agricultural land;

·        This was not a sustainable development.  The National Planning Policy Framework (NPPF) states that a development had to be sustainable on economic, social and environmental grounds;

·        The development was contrary to Policies E6 and E7 of the adopted Local Plan;

·        There was a lack of 5-year supply of housing, with a 4.2  ...  view the full minutes text for item 707.

708.

Schedule of Decisions pdf icon PDF 47 KB

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 25 May 2016.

Additional documents:

Minutes:

PART 1

 

Any other reports to be considered in the public session

 

1.1       REFERENCE NO – 16/500948/MOD106

APPLICATION PROPOSAL

Discharge of Section 106 Agreement made between Hyde Housing and Swale Council on 11th February 1994 - The Charges Register on the title; Part C: Charges register 1-3.  This also includes reference to sell the property within social housing.  Such Units to be utilised for such social and special needs housing whilst the application land is owned by a registered housing association

ADDRESS 58 Whiting Crescent Faversham Kent ME13 7WB  

WARD

St Ann's

PARISH/TOWN COUNCIL

Faversham Town

APPLICANT

Hyde Housing Group

 

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

 

A Ward Member spoke against the application and considered it should remain as social housing and that it could set a precedent.

 

Members raised the following points:  there was nothing structurally wrong, this could be repaired and remain as social housing; it should not be sold off; this was bad management by the housing association, the property should have been boarded-up earlier; private ownership could help to ‘uplift’ the area; there was a shortage of social housing; selling it off was the easy option; support this; and the repairs were excessive.

 

The Area Planning Officer outlined the extensive repairs that were needed to the property.

 

Resolved: That application 16/500948/MOD106 be approved to modify the terms of the existing Section 106 agreement.

 

PART 2

 

Applications for which PERMISSION is recommended

 

2.1       REFERENCE NO - 16/501352/FULL

APPLICATION PROPOSAL

Change of use to exhibition space with ancillary retail use on the ground floor and B1 office use on the 1st floor

ADDRESS 12 Market Place Faversham Kent ME13 7AE  

WARD Abbey

PARISH/TOWN COUNCIL Faversham Town

APPLICANT Faversham Town Council

AGENT Sell Wade Consultants

 

Mrs Turner, a supporter, spoke in favour of the application.

 

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

 

A visiting Member spoke in favour of the application.  He considered the building to have been under-used and that the proposed use would benefit tourism.  He referred to Policy B3 of the Local Plan which stated non-retail could be permitted if it enhanced the town centre and provided a service/facility to the town; he considered the application met these criteria.

 

Members raised the following points:  this was a major shop, and the proposal was contrary to Council policy; this was in a defined core retail use area of the town centre; if this was marketed properly, it could be retail again; not sure this would attract visitors and question whether they would then shop locally as well; there was no evidence that it would boost tourism; there were other buildings that could host this type of proposed use; the proposal was restricted by condition (2) in the report which restricts use of the ground floor to Faversham Town Council; it was a shame to see a Grade II listed building empty; good location for tourism; important to use this type of building;  ...  view the full minutes text for item 708.

709.

Exclusion of the Press and Public

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.

 

Minutes:

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.

 

710.

Report of the Head of Planning

To consider the attached report (Part 6).

Minutes:

6.1      15/501101/BOC – Unauthorised fence – Minster Cricket Club

 

Resolved:  That no action be taken in respect of this development.

 

6.2       Application 15/510595/OUT- land off London Road, Newington

 

This action was not required.

711.

Suspension of Standing Orders

Minutes:

Members agreed to the suspension of Standing Orders in order that the Planning Committee could complete its business.