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Agenda and minutes

Venue: Council Chamber - Swale House. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

Audio Recording

62.

Emergency 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.  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.

 

Minutes:

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

63.

Minutes

To approve the Minutes of the Meeting held on 30 May 2019 (Minute Nos. 19 - 23) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 30 May 2019 (Minute Nos. 19 – 23) were taken as read, approved and signed by the Chairman as a correct record.

64.

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 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 Tim Valentine declared a non-pecuniary interest in respect of item 1.2 Land at Cleve Hill, Graveney as he was a Director for the company responsible for the solar farm at Iwade.  He had also campaigned against this application, but had been advised by legal that he was not pre-determined.

65.

Planning Working Group pdf icon PDF 33 KB

To approve the Minutes of the Meeting held on 11 June 2019 (Minute Nos. to-follow).

 

To consider application 19/500050/FULL & 19/500051/LBC Tunstall Church of England Primary School, Tunstall Road, Tunstall, ME9 8DX

 

Tabled update published 20 June 2019.

Minutes:

The Minutes of the Meeting held on 11 June 2019 (Minute Nos. 39 – 40) were taken as read, approved and signed by the Chairman as a correct record.

 

19/500050/FULL & 19/500051/LBC Tunstall Church of England Primary School, Tunstall Road, Tunstall

 

The Area Planning Officer reported that following the site meeting a further letter of objection had been received from a local resident disputing the contention that the use of the land to the rear of the building was used as parking for the school.  However, Appendix B within the applicant’s Design and Access Statement included an aerial view dating from 20 April 2015 which showed a number of cars parked on the land.  

 

The Area Planning Officer stated that he was aware that Members of the Planning Committee had received a letter from Tunstall Parish Council.  He referred to the tabled paper which outlined details of possible amendments to condition (16) and additional condition (17).

 

The Area Planning Officer reported that if permission was granted, the applicant would have to pay the Strategic Mitigation payment relating to the effect on the Special Protection Area and this could be dealt with by a unilateral undertaking or advance payment. 

 

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

 

Members debated the application.

 

A Ward Member also a Member of the committee spoke against the application.  She stated that the application would have a significant adverse impact on the setting of the listed building.  It would also have an adverse impact on the adjoining footpath and was over-intensification of the site.

 

Members raised the following points: the harm of the application did not outweigh the need for housing; did not consider that condition (17) was required; appreciated the need to preserve the building; access to the site was dangerous; and highway issues were a concern.

 

Councillor James Hunt moved the following addendum:  That condition (16) be imposed.  This was seconded by Councillor Cameron Beart.  On being put to the vote the addendum was not agreed.

 

The following further points were raised: concerns about construction traffic accessing the site; the school previously managed the traffic flow; application needed to be more sympathetic; concern regarding the setting of the listed building; should impose condition (17); and deeper hedgerows were required.

 

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

 

Councillor Monique Bonney moved the following motion:  That the applications be refused as they would be an over-intensification of the site resulting in harm to the Listed Building and Conservation Area from the public realm and streetscape.  Poor residential amenity.  The access to the site was too narrow.  This was seconded by Councillor Nicholas Hampshire.

 

Councillor Benjamin Martin moved the following addendum:  It would affect the setting of the listed building.  This was seconded by the Chairman, and agreed by the proposer and seconder of the original motion.

 

On being put to the vote the motion to refuse the application was agreed.  ...  view the full minutes text for item 65.

66.

Deferred Item pdf icon PDF 470 KB

To consider the following application:

 

17/505711/HYBRID, Land at Wises Lane, Borden

 

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 this item must be registered with Democratic Services (democraticservices@swale.gov.uk or call us on 01795 417328) by noon on Wednesday 19 June 2019.

 

Tabled update published 20 June 2019.

 

Tabled letters published 3 July 2019.

Additional documents:

Minutes:

Deferred Item 1 REFERENCE NO - 17/505711/HYBRID

APPLICATION PROPOSAL

Hybrid planning application with outline planning permission (all matters reserved except for access) sought for up to 595 dwellings including affordable housing; a two-form entry primary school with associated outdoor space and vehicle parking; local facilities comprising a Class A1 retail store of up to 480 sq m GIA and up to 560sqm GIA of "flexible use" floorspace that can be used for one or more of the following uses - A1 (retail), A2 (financial and professional services), A3 (restaurants and cafes), D1 (non-residential institutions);  a rugby clubhouse / community building of up to 375 sq m GIA, three standard RFU sports pitches and associated vehicle parking; a link road between Borden Lane and Chestnut Street / A249; allotments; and formal and informal open space incorporating SuDS, new planting / landscaping and ecological enhancement works.

Full planning permission is sought for the erection of 80 dwellings including affordable housing, open space, associated access / roads, vehicle parking, associated services, infrastructure, landscaping and associated SuDS.

For clarity - the total number of dwellings proposed across the site is up to 675.

ADDRESSLand At Wises Lane Borden Kent ME10 1GD 

WARD Borden and Grove

PARISH/TOWN COUNCIL

Borden

APPLICANT Quinn Estates Ltd & Mulberry Estates (Sittingbourne) Ltd

AGENT Montagu Evans

 

The Senior Planner introduced the application and referred to the tabled paper which provided updates on: the rugby facility; highways matters and details of amendments following local Members meeting with Kent County Council (KCC) Highways and Transportation.  The Senior Planner stated that a further four representations had been received, one from the applicant and three objections from local residents, these were tabled for Members.

 

The Senior Planner reported that there was a requirement for off-site skylark mitigation measures to be included in the Section 106 Agreement and explained that KCC’s Ecology Officer required adjacent farmland to be maintained as appropriate habitat for skylarks and this would be triggered on commencement of the development.  The Planner then outlined the general terms of the proposal for Members including details of the proposed spine road which would link Borden Lane to Chestnut Street including a slip road onto the A249 southbound.

 

Parish Councillor Clive Sims, representing Borden Parish Council, spoke against the application.

 

Roger Down, a Supporter spoke in support of the application.

 

Nicola Butlin, an Objector spoke against the application.

 

Kate Row, the Applicant, spoke in support of the application.

 

At this point, following a request from a Member, the Chairman adjourned the meeting for 10 minutes to allow Members to read the tabled papers.

 

A Member raised concern that there were a lot of tabled papers.  He asked the Chairman and Cabinet Member for Planning to review this and see if a deadline for updates could be imposed.  The Chairman agreed to look into the issue for the Member.

 

The Chairman invited Members to ask questions.

 

In response to queries from a Member, the Senior Planner clarified that with regard to  ...  view the full minutes text for item 66.

67.

Schedule of Decisions pdf icon PDF 46 KB

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 19 June 2019.

Additional documents:

Minutes:

PART 1

 

Reports to be considered in public session not included elsewhere on this Agenda

 

1.1 Section 106 Year End Review 2018/19

Highlights of the Year: April 2018 to March 2019

 

This item will be considered at the reconvened meeting on Thursday 27 June 2019.

 

1.2

APPLICATION PROPOSAL

A solar photovoltaic array, and electrical storage and connection infrastructure, each with a gross electrical output capacity of over 50 megawatts.

ADDRESS Land At Cleve Hill Graveney Kent ME13 9EE – Approximate National Grid reference of site centre TR 037 639.

WARDBoughton and Courtenay

PARISH/TOWN COUNCIL

Graveney with Goodnestone

APPLICANT Cleve Hill Solar Park Ltd

 

The Area Planning Officer introduced the report and suggested the following amendments to the draft Written Representation:  the Environment Agency had advised that Managed Realignment was more to do with compensatory habitat creation than easing flood risk, so deletion of the last five words from paragraph three was suggested; and in paragraph 19(v), on page 62 of the Committee Report, the word “not” was missing and should be the third word in the second sentence. 

 

Parish Councillor Alan Stewart, on behalf of Graveney Parish Council, spoke against the application.

 

Mrs Stewart (on behalf of Graveney Environment Action Team), an objector, spoke against the application.

 

Hugh Brennan, the Applicant, spoke in support of the application. 

 

The Chairman moved the officer recommendation to endorse and submit the Council’s response, and this was seconded by the Vice-Chairman.

 

The Chairman invited Members to ask questions.

 

A Member raised concern about the removal of the words ‘and ease flood risk elsewhere’, suggested by the officer, and the potential risks of flooding to Faversham.  The Area Planning Officer explained that the principal aim of the alignment was to protect the environmental habitat and not to reduce flood risk. 

 

A Member raised concern that light pollution from the proposal could cause harm to the local community.  The Area Planning Officer stated that there was no permanent lighting planned for the scheme, only sensor-related security lighting and that he was not aware that it would be lit-up at night.

 

A Member stated that he had received a response from the developer about timings of traffic movements and he asked for this to be circulated.  He suggested that paragraph 18 of the written representation could be shortened by deleting the final sentence.  He also suggested that paragraph 19 be amended by replacing the word “the Council is particularly concerned” with the word “extremely”.

 

A visiting Ward Member spoke against the application and welcomed the comprehensive report and response.

 

A Ward Member who was a member of the Committee, welcomed the officer report and response.  He referred to paragraph (3) on page 58 of the Committee report and made the point that the sea defences breached area would return to salt marsh which was the best way to lock-up carbon in the land.  He considered the loss of that potential should be included in the response.  The Member also drew attention to paragraph (8)  ...  view the full minutes text for item 67.

68.

Exclusion of Press and Public

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 item s of business on the grounds they involve 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.

 

69.

Urgent Item 18/501667/FULL New Acres Spade Lane, Hartlip

Minutes:

The Development Manager introduced the urgent report which had been tabled for Members.  He advised that the application was refused by Members at the Planning Committee meeting on Thursday 7 March 2019, but unfortunately the wrong decision notice had been issued.  The Development Manager explained that this was extremely rare and measures had been implemented to hopefully ensure the situation could not happen again.  Members were asked to note the report.

 

In response to queries, the Head of Planning Services advised that the Leader of the Council had instructed officers to apply for a judicial review and that one of the Ward Councillors had agreed to this action.

 

Resolved:  That the report be noted.

70.

Adjournment of Meeting

Minutes:

The meeting was adjourned at 7.50pm and reconvened at 8pm, and adjourned again at 9.25pm and reconvened at 9.33pm.  

71.

Suspension of Standing Orders

Minutes:

 

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

 

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