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.  Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; 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 Vice-Chairman in-the-Chair ensured that those present at the meeting were aware of the emergency evacuation procedure.

To approve the Minutes of the Meeting held on 11 October 2018 (Minute Nos. 278 - 282) as a correct record.

The Minutes of the Meeting held on 11 October 2018 (Minute Nos. 278 – 282) were taken as read, approved and signed by the Vice-Chairman in-the-chair as a correct record.

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 Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

Councillor Lloyd Bowen declared that he was pre-determined in respect of item 2.4, 18/503697/FULL, Land at Station Road, Teynham.  Councillor Bowen spoke on the item as Ward Member and then left the chamber.

Councillor Cameron Beart declared a Disclosable Non-Pecuniary Interest in respect of item 2.8, 18/501726/FULL, Land between 119a and 121a High Street, Sittingbourne, as he was Chairman of the Licensing Sub-Committee when the licensing application was considered.  He reminded Members that Planning and Licensing were two separate regimes.

The Area Planning Officer referred to the tabled paper for this item which outlined the need for the Council to seek mitigation contributions on all applications for new residential development, for the impact from the development on nearby Special Protection Areas (SPAs).  Officers sought delegation to permit or refuse each of the affected applications on the basis of whether the applicant was prepared to make these mitigation payments.

The following items now required mitigation payments to be secured if consented:

Deferred item 1 – 82 Church Lane, Newington

2.5 – 9 Whitstable Road, Faversham

2.7 – 172 Scarborough Drive, Minster

2.8 – Land between 119A & 121A High Street, Sittingbourne

2.10 – Land at Old Billet Lane, Eastchurch

2.11 – 2 Arthur Street, Sittingbourne

To consider the following applications:

Erection of 1 detached 3 bedroom chalet bungalow at 82 Church Lane, Newington, Sittingbourne, Kent, ME9 7JU.

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 7 November 2018.

Tabled Papers in relation to this and other items, as noted within item ‘Habitat Regulations Assessments’ above, added 19 November 2018.

Reports shown in previous Minutes as being deferred from that Meeting

The Area Planning Officer reported that Newington Parish Council had submitted further comments in light of the appeal decision (tabled) on SPAs. The Parish Council suggested the same considerations of the appeal decision should be applied to this application.  The Area Planning Officer confirmed that delegation was sought to approve or refuse subject to the issue of SPA mitigation payments being resolved.

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

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

A Member made a general point in relation to consideration of the natural environment when considering applications.  He considered the natural environment was critical to every planning decision that was made.  He referred to condition (3) in the report and explained that he had requested this on previous applications, that landscaping be added to improve bio-diversity and native species included to improve the natural environment.

In response to a question, the Area Planning Officer outlined the changes to the application since 2016.  He explained that in 2016 Members had been concerned with the rooms in the roof area, and officers had assessed the implications of these rooms on the current application.  The distances between the proposed dwelling and neighbouring properties was 28 metres to 82 Church Lane, and 78 metres to no. 78 Church Lane.  He explained that three off-road car parking spaces were included within the application, only two were actually required.  He added that it would be difficult to defend on appeal in respect of, the impact of additional traffic from the application.  The Area Planning Officer concluded that the addition of rooms in the roof had been assessed to show no material planning harm.

The Committee debated the proposal to approve the application, which centred on the following themes:  condition (3) needed to be expanded upon, as above; this was overdevelopment; impact on traffic was unacceptable; traffic would increase on an already perilous road; nothing had changed with the scale of the building, this was not overdevelopment; and the only change was the addition of two windows, with the potential for overlooking, but no reason to refuse.

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

Councillor Mike Baldock moved a motion:  That the application be refused on the grounds of overdevelopment giving rise to a harmful increase in traffic on Church Lane, and the size of the rear garden being too small for a 3 bedroom dwelling.  This was seconded by Councillor Bobbin who stated that a bungalow would be more suitable at this location.

On being put to the vote, the motion to refuse the application  ...  view the full minutes text for item 326.

To consider the attached report (Parts 1, 2 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 7 November 2018.

Item 2.3 – Car wash, 67 High Street, Newington has been withdrawn from the agenda.

Tabled Paper for item 2.4 added 19 November 2018.

PART 1

Any other reports to be considered in the public session

The Vice-Chairman in-the-Chair moved the officer recommendation and this was seconded.

Resolved:  That the planning permission granted under 15/502716/FULL is revoked under the provisions of s.97 of the Town and Country Planning Act 1990 (as amended).

PART 2

Applications for which PERMISSION is recommended

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

Resolved: That application 18/504460/FULL be approved subject to conditions (1) to (3) in the report.

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

At this point, Councillor Nicholas Hampshire declared a non-pecuniary interest and did not vote on this item.

Resolved:  That application 18/504421/FULL be approved subject to conditions (1) to (2) in the report.

The Vice-Chairman in-the-Chair advised that this application had been withdrawn from the agenda.

The Vice-Chairman in-the-Chair advised that Ward Members, Councillors Lloyd Bowen and Mike Whiting had requested to speak on this item.

The Senior Planning Officer drew attention to the tabled update in relation to the recommended amendment to condition (35) in respect of the north western link and the recommendation to impose an additional condition relating to water consumption.  He explained that the highways contribution for the A2 / Station Road junction had been agreed.  The secondary education and secondary education land contribution remained under discussion.

The Senior Planning Officer explained that the site was  ...  view the full minutes text for item 327.

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 5 and 7.

5.    Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

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

Resolved:

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 it involves the likely disclosure of exempt information as defined in Paragraphs 5 and 7 of Part 1 of Schedule 12A of the Act:

5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

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 Stones Fisheries, Halfway Road, Minster

Resolved:  That the situation be noted, but no further action be taken in relation to the formation of a temporary holding lake at the present time.

At 10pm Members agreed to the suspension of Standing Orders in order that the Committee could complete its business.