Agenda and minutes

Venue: Council Chamber, - Swale House. View directions

Contact: Democratic Services, 01795 417330 

Note: Postponed from 23 June 2016 

Items
No. Item

758.

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.

759.

Fire Drill

Minutes:

A fire drill was implemented at 7.10pm.  The meeting reconvened at 7.28pm.

760.

Minutes

To approve the Minutes of the Meeting held on 26 May 2016 (Minute Nos. 703 - 711) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 26 May 2016 (Minute Nos. 703 – 711) were taken as read, approved and signed by the Chairman as a correct record.

761.

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 Mike Henderson declared a Disclosable Pecuniary Interest in respect of item 2.8, 16/502191/FULL, Front Brents, Faversham and left the Chamber during consideration of this item.

 

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 Beart declared a Disclosable Non Pecuniary Interest in item 2.1, 16/503079/FULL, 31 Galena Close, Sittingbourne.  He did not comment or vote on the application.

 

Councillor Nigel Kay declared a Disclosable Non Pecuniary Interest in respect of item 2.8, 16/502191/FULL, Front Brents, Faversham.

 

 

762.

Planning Working Group pdf icon PDF 172 KB

To approve the Minutes of the Meeting held on 20 June 2016 (Minute Nos. to follow).

 

3.1 16/500627/FULL Marsh Bank, Old Ferry Road, Iwade, ME9 8SW

 

Minutes:

The Minutes of the Meeting held on 20 June 2016 (Minute Nos. 741 – 742) were taken as read, approved and signed by the Chairman as a correct record.

 

3.1 16/500627/FULL Marsh Bank, Old Ferry Road, Iwade ME9 8SW

 

The Development Manager drew Members’ attention to the tabled paper from the agent.  He advised that the cess pits on the site needed to be seven metres away from any dwellings, and he explained the site was not a brownfield site.

 

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

 

Members raised the following points:  acknowledged this was not a brownfield site, but it was not the best looking site; even though they were not officially affordable housing, this was an opportunity for local people to get on the housing ladder; if it was approved, the properties should be marketed to Iwade residents in the first instance; remoteness should not be a reason to refuse; concerned of what would happen to the site in the long-term; welcomed the prospect of the availability of affordable housing, although contrary to policy; site was a mess, the application could improve the site, but concerned that it was outside the built-up boundary; and it could set a precedent.

 

Resolved:  That application 16/500627/FULL be refused for the reasons stated in the report.

763.

Report of the Head of Planning pdf icon PDF 45 KB

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 29 June 2016.

Additional documents:

Minutes:

Report of the Head of Planning

 

PART 2

 

Applications for which PERMISSION is recommended

 

2.1       REFERENCE NO - 16/503079/FULL

APPLICATION PROPOSAL

Remove and re-construct main roof to new pitch with conversion of loft into habitable space and insertion of dormer windows and rooflights and extend garage roof over front door to provide open porch and first floor front extension

ADDRESS 31 Galena Close Sittingbourne Kent ME10 5LB  

WARD The Meads

PARISH/TOWN COUNCIL Bobbing

APPLICANT Mr Ian Taylor

AGENT Deva Design

 

The Development Manager reported that following re-consultation, Bobbing Parish Council had no further comments, and No. 34 Galena Close had stated that the changes had made no difference and they stoodby their previous comments.

 

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

 

The Ward Member reported that local residents had concerns with the application, the roof would be raised by 1.7 metres, and there would be significant overlooking and a detrimental impact on neighbouring properties.

 

Councillor Mike Baldock moved a motion for a site meeting.  This was seconded by Councillor Mike Henderson.  On being put to the vote the motion was agreed.

 

Resolved:  That application 16/503079/FULL be deferred to allow the Planning Working Group to meet on site.

 

2.2       REFERENCE NO -  15/508727/FULL

APPLICATION PROPOSAL

Erection of a rear extension including a hydrotherapy pool with associated raised decking.  (Retrospective)

ADDRESS 5 Clovelly Drive Minster-On-Sea Kent ME12 2SF  

WARD Minster Cliffs

PARISH/TOWN COUNCIL Minster On Sea

APPLICANT Mr & Mrs Mark Stalley

AGENT Nigel Sands & Associates

 

Mr Mark Stalley, the Applicant, spoke in support of the application.

 

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

 

Resolved:  That application 15/508727/FULL be approved. No conditions.

 

2.3       REFERENCE NO - 15/510565/FULL

APPLICATION PROPOSAL

Retrospective application for the erection of a canopy and sound attenuation fence to car wash area. Prospective application for the erection of further sound attenuation fencing to the north of the existing fencing.

ADDRESS Hand Car Wash, 15 - 21 Key Street, Sittingbourne, Kent, ME10 1YX. 

WARD Borden & Grove Ward

PARISH/TOWN COUNCIL Bobbing

APPLICANT Mr L Kapaj

AGENT Woodstock Associates

 

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

 

The Development Manager reported that two further letters of objection had been received.  Issues that were raised included:  the retrospective application for the erection of a canopy and sound attenuation fence to the car wash area had made little difference; problem of noise and spray; and the canopy should be extended over the washing area.  Bobbing Parish Council had no comments.

 

A Ward Member outlined the background to the application and explained that the site caused harm to the neighbouring property.  He considered the applicant should provide adequate protection to the neighbours.  The Ward Member stated that the opening hours were too long and should be amended to 9am to 5pm on Saturdays and Sundays.

 

The Development Manager explained that, as reported in paragraph 1.05 in the report, there were no conditions of use  ...  view the full minutes text for item 763.

764.

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.

 

 

765.

Report of the Head of Planning

To consider the attached report (Part 6).

 

Minutes:

6.1  Ref 15/501198/OPDEV Erection of fencing and gate at Kimlee, Grovehurst Road, Iwade, Sittingbourne  ME9 8QZ

Resolved:  That an Enforcement Notice pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the removal of the fencing and gates 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 thereof to give effect to this decision.


6.2       14/501847/FULL – Erection of rear conservatory at 43 Church Lane, Newington

Resolved:  That an Enforcement Notice pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the removal of the unauthorised conservatory within 6 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 thereof to give effect to this decision.


6.3       Land to the Rear of the Former Memorial Hall, Tunstall, Kent, ME9 8DU

Resolved:  That an Enforcement Notice pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring the
use of the land as an extension to the residential garden of Tunstall House to 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 thereof to give effect to this decision.