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

To approve the Minutes of the Meeting held on 6 December 2018 (Minute Nos. 374 - 379) as a correct record.

The Minutes of the Meeting held on 6 December 2018 (Minute Nos. 374 – 379) 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.

No interests were declared.

To approve the Minutes of the Meeting held on 2 January 2019 (Minute Nos. to follow).

To consider the following applications:

(2.4) 18/504824/FULL 16 Hawthorn Road, Sittingbourne, ME10 1BB

(2.2) 18/504307/FULL Land rear of 343 Minster Road, Minster, ME12 3NR

(2.3) 18/503678/FULL 344 Minster Road, Minster, ME12 3PE.

The Minutes of the Meeting held on 2 January 2019 (Minute Nos. 409 – 413) were taken as read, approved and signed by the Vice-Chairman in the Chair as a correct record.

18/504824/FULL 16 Hawthorn Road, Sittingbourne, ME10 1BB

The Area Planning Officer provided updates to queries raised by Members at the site meeting.  He reported that there was no planning history in relation to the railings to the side of the property, and explained that they had been installed as a result of Police Community Support Officer involvement, and the railings would remain in place.  However, he added that they were not within the application site and as such were not a consideration of this application.  The Area Planning Officer advised that the size of the rear windows were as follows:  toilet window: 0.6m width x 0.7m height; bedroom window: 0.9m width x 0.8m height; and lounge/sitting room window: 1.2m x 0.8m height.

The Ward Member spoke against the application.  He raised the following concerns:  access from the development onto Arthur Street, Sittingbourne was narrow and impractical; the size of the flat was too small, and not fit for purpose; the ceiling was too low; and lack of parking in the area. 

In response to a question, the Area Planning Officer explained that this application addressed issues in the previous application in terms of size and layout.  It now met the minimum requirements, as set out in paragraph 8.06 in the report considered by the Planning Committee on 6 December 2018.

Resolved:  That application 18/504824/FULL be approved subject to conditions (1) to (5) in the report, and the securing of a Strategic Access Management and Monitoring Strategy (SAMMS) mitigation contribution.

18/504307/FULL Land rear of 343 Minster Road, Minster ME12 3NR

The Area Planning Officer provided updates to queries raised by Members at the site meeting.  He outlined the planning history of the site which included three refusals, two dismissed at appeal.  In 2004, although refused because of being backland development, the Planning Inspector dismissed the appeal on grounds of the impact of traffic movements, and disturbance of the dwellings to 343 and 341 Minster Road, rather than reasons of backland development.  The Area Planning Officer referred to an application in 2006 for 14 retirement flats which had been refused because of them being backland development, and the Inspector had dismissed the appeal, not because it was backland development, but because of the harm to residential amenity due to the scale and intensity of the development.  The Area Planning Officer therefore explained that the principle of backland development was acceptable on the site, and that the application was for only two dwellings.  He confirmed that Plot 1 rear to rear distance was 45m, side to rear 17m, and Plot 2, rear to rear distance was 25m.  He added that the site had gated access, and he stated that condition (17) in the report required details of the gates to be provided prior to the construction of the foundations being completed.  ...  view the full minutes text for item 430.

To consider the following application:

17/500727/OUT – Manor Farm, Key Street, Sittingbourne, ME10 1YU 

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 January 2019.

Tabled Papers added 14 January 2019.

Reports shown in previous Minutes as being deferred from that Meeting

The Major Projects Officer drew attention to the tabled update, and explained that since that had been written, four further objections had been received from local residents which included the following comments:

·         Why did the independently commissioned review not refer to the Swale Air Quality Report, which showed that air pollution levels were above EU objectives?;

·         the report omitted a summary of the comments raised since the August 2017 Planning Committee (note: these were appended with the agenda);

·         there were no published air quality monitoring results since August 2018;

·         the application should not be decided before the Swale Air Quality Action Plan is completed and published, with all data independently analysed;

·         there was a conflict of interest as Phlorum had a business relationship with Swale Borough Council (SBC);

·         the applicant needed to remember that this was not just a development of 50 houses, it must also include the 700 houses proposed for the Wises Lane, SW Sittingbourne, development;

·         the design of the slip road leading to the site was yet to be finalised by Kent County Council (KCC) Highways and Transportation, and this would create further traffic problems; and

·         the biased air quality reports could not seriously be considered, and an independent review should be carried out across multiple points around the A249 and A2/M2 junctions, especially at pinch points, for a 12 month period to get a comprehensive set of data.

The Major Projects Officer reported that KCC Ecology raised no objection to the application.  He added that an additional contribution was required to provide waste bins for each property: £101 per house and £945 per five flats.

He sought delegation to approve the application, subject to the addition of a further condition for off-site highway works under a Section 278 Agreement to be carried out.

The Major Projects Officer also referred to the tabled update which included a report from the University of Kent, which responded to the independent air quality report, produced by Phlorum, and commissioned by the Council.

Nigel Jenkins from Phlorum was invited to speak in response to the University of Kent’s report.

Mr Jenkins explained that verification of the air quality data did follow official Department for Environment, Food and Rural Affairs (DEFRA) standard guidanceand looked at all information available in 2016.  In response to the report, produced by Entran in support of the SW Sittingbourne planning application, Mr Jenkins confirmed that the most up-to-date data was used.  He also noted the short timescales used by the University of Kent, in their air quality work  ...  view the full minutes text for item 431.

To consider the attached report (Parts 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 January 2019.

Tabled Papers added 14 January 2019.

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 by Councillor Cameron Beart.

A Ward Member spoke against the application and raised concern with the windows on the side elevation, with potential overlooking issues as the site was elevated.  A second Ward Member also spoke against the application and stated that the turning circle would be impeded.

The Planner explained that the side windows met planning requirements, and the rear distances were 22 metres to Maylam Gardens, and 15 metres to Grove Park which were within minimum limits.

Resolved: That application 18/505761/FULL be approved subject to conditions (1) to (8) in the report and securing mitigation payments in respect of the Swale Special Protection Area.

The Area Planning Officer reported that he considered none of the trees within the site were worth retaining, and as such condition (9) should be deleted.  He sought additional delegated authority to approve the application, subject to the deletion of this condition.

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

John Pike, the Applicant, spoke in support of the application.

The Chairman invited Members to ask questions.  In response to a comment made by the Parish Councillor, a Member asked whether further discussions could be had with the applicant to change the position of one of the houses?  The Area Planning Officer explained that the application had to be considered on its merits.  Any access through the site to potentially more development land could be addressed by amending the layout of the site, but this would require amended plans, and the Area Planning Officer suggested delegated authority could be given to do this.

A Member sought clarification on the trees/conditions that were going to be removed at the same time considering bats on the site, and the opportunity to establish good landscaping.  The Area Planning Officer stated that condition (8) could be more strongly worded if Members thought there should be more trees on the site.

Another Member raised some issues with the footpath route and the Area Planning Officer confirmed that the layout could be amended to accommodate a diverted footpath.  He also responded to a question on the housing numbers on the site and explained that at the time of a previous application, the Local Plan had not been adopted

The Vice-Chairman in-the-Chair moved the officer recommendation to approve the application  ...  view the full minutes text for item 432.

At 10pm, 10.30pm and 11pm Members agreed to the suspension of Standing Orders in order that the Committee could complete its business.