Agenda and draft minutes

Venue: Council Chamber, Swale House, East Street, Sittingbourne, ME10 3HT. View directions

Contact: Democratic Services, 01795 417330 

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Items
No. Item

15.

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.

16.

Minutes

To approve the Minutes of the Meeting held on 29 April 2021 (Minute Nos. 627 - 631) as a correct record.

 

Minutes:

The Minutes of the Meeting held on 29 April 2021 (Minute Nos. 627 – 631) were taken as read, approved and signed by the Chairman as a correct record.

17.

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 meeting 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 Cameron Beart declared a Disclosable Non-Pecuniary Interest in respect of the Deferred Item, 21/500414/FULL, 21 Bobbing Hill, Bobbing.  Councillor Beart did not speak or vote on the item.

 

Councillor James Hunt declared a Disclosable Non-Pecuniary Interest in respect of item 2.1, 19/503974/HYBRID, Land east of Iwade, as he had previously taken part in discussions on the matter.

 

18.

Planning Working Group

To approve the Minutes of the Meeting held on 20 May 2021 (Minute Nos. to follow).

 

To consider application 20/503707/HYBRID, Kent Science Park, Shimmin Road, Sittingbourne, ME9 8BZ

 

Update added 25 May 2021:

 

Due to a change in circumstances relating to the ability to implement the previous planning permission at the Kent Science Park, this has resulted in the need for officers to re-review parts of the committee report and discuss further with some consultees. As a result, the application will not be reported to the Planning Committee on the 27 May, but it is hoped to report it to the 24 June Committee.

 

 

Minutes:

20/503707/HYBRID, Kent Science Park, Shimmin Road, Sittingbourne, ME9 8BZ

 

Due to a change in circumstances relating to the ability to implement the previous planning permission at the Kent Science Park, officers were now required to review parts of the committee report and discuss further with some consultees. As a result, the application was withdrawn from the agenda and it was hoped it would be reported to the 24 June 2021 committee meeting.

 

19.

Deferred Item pdf icon PDF 184 KB

To consider the following application:

 

21/500414/FULL, 21 Bobbing Hill, Bobbing, Sittingbourne, ME9 8NY.

 

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 26 May 2021.

 

Additional information which might be referred to at the meeting added 27 May 2021.

Additional documents:

Minutes:

REFERENCE NO -  21/500414/FULL

APPLICATION PROPOSAL

Erection of part single, part two storey rear extension with internal alterations.

ADDRESS21 Bobbing Hill Bobbing Sittingbourne Kent ME9 8NY 

WARD Bobbing, Iwade And Lower Halstow

PARISH/TOWN COUNCILBobbing

APPLICANT Cassie Burton

AGENT APX Architecture LTD

 

The Area Planning Officer introduced the application and explained that it had originally been presented to the Planning Committee on 1 April 2021 and had been deferred for further discussions between officers and the Applicant.  The Area Planning Officer explained that originally the residents at no. 19 Bobbing Hill, Bobbing had supported the application, but had since put their property on the market, and had changed their view to a neutral position.  Following discussions, the two-storey projection had been reduced to 3.5 metres in depth at first floor level, with chamfering of the corner of the extension.  The impact on no. 23 Bobbing Hill was now slightly reduced, and the impact on no. 19 Bobbing Hill, on balance, was not unacceptable.  The Area Planning Officer added that because of the positioning of the neighbouring dwellings, the development would not cast a shadow on No. 19, and the scale and impact of the extension had now been reduced to No. 23, albeit to a small degree.

 

Mr Marc Stelfox, the Applicant, spoke in support of the application.

 

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

 

A visiting Ward Member spoke in support of the application.

 

Members welcomed the changes that had been put in place following the discussions with the Applicant and officers.

 

Resolved: That application 21/500414/FULL be approved subject to conditions (1) to (3) in the report.

20.

Schedule of decisions pdf icon PDF 55 KB

To consider the attached report (Parts 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 26 May 2021.

 

Tabled Paper for item 2.1 added 25 May 2021.

 

Question and response added 26 May 2021.

 

Tabled Paper for items 2.3 and 2.4 added 27 May 2021.

 

Additional information which might be referred to at the meeting added 27 May 2021.

Additional documents:

Minutes:

PART 2

 

Applications for which PERMISSION is recommended

 

2.1    REFERENCE NO -  19/503974/HYBRID

APPLICATION PROPOSAL

Hybrid application comprising of - Outline application (all matter reserved except for access) for up to 466 dwellings and a community hall.  Full planning application for access from Grovehurst Road and The Street and for a country park.

ADDRESSLand East Of Iwade Kent ME9 8ST  

WARD Bobbing, Iwade And Lower Halstow

PARISH/TOWN COUNCILIwade

APPLICANT G H Dean & Co Ltd

AGENT Hume Planning Consultancy Ltd

 

The Senior Planning Officer introduced the application and referred to the tabled update for this item.  He drew attention to the point that this development no longer needed to make a contribution towards primary school education land costs due to other nearby developments being approved which would provide for sufficient primary school places to absorb the demand from this development.  An additional representation had been received from a neighbour and in response, the Senior Planning Officer confirmed that the land was allocated for housing in the Local Plan.  The precise wording of the recommendation was also clarified to confirm that it should, as well as including reference to the conditions, set-out that an approval would also be subject to the signing of a Section 106 Agreement.

 

The Senior Planning Officer referred to the mix of dwelling set-out in paragraphs 2.7 on page 25 of the report, and paragraph 8.16 on page 54.  He explained that because the percentages had been rounded up/down, a figure of 99% had resulted.  However, the actual mix of dwelling numbers in paragraph 2.7 was correct.  A late representation had been received from the Environmental Health Team and they had suggested a condition be added to mitigate any noise from the nearby A249.  The Senior Planning Officer sought delegation to resolve this issue and impose the condition if it was considered necessary.

 

The Senior Planning Officer gave an overview of the outline element of the application which was for up-to 466 dwellings, plus a community hall, and the detailed elements of the full application for access from Grovehurst Road and The Street and a country park.  There would be a woodland buffer, Sustainable Drainage System basins, ponds and swales and enhancements for nesting birds and reptiles.  There would also be an area of land safeguarded for the Grovehurst junction improvements.

 

Alister Hume, the Agent, spoke in support of the application.

 

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

 

A visiting Ward Member spoke against the application.

 

Members raised the following points:

 

·         Concerned with the number of dwellings proposed for the site;

·         acknowledged that the site was allocated for housing in the Local Plan;

·         this would generate increased pressure at the Grovehurst Road/A249 roundabout;

·         parking facilities at Swale station needed to be improved;

·         clarification sought on the wording of condition (24) in the report, and when the dwellings could be occupied;

·         clarification was needed with some of Kent County Council (KCC) Highways & Transportation comments;

·         condition (12) should  ...  view the full minutes text for item 20.

21.

Exclusion of the Press and Public

To decide whether to pass the resolution set out below in respect of the following item:

 

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 that it involves 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 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 item of business on the grounds that 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.

 

 

22.

Urgent Item - Schedule of Decisions

Minutes:

18/500767/FULL – Newington Working Men’s Club (now known as Charlotte Court), High Street, Newington

 

The urgency of this item arose because one of the ward Members had asked for the application to be reported to the Planning Committee (as had Newington Parish Council) and it was felt that it was desirable for the matter to be resolved as soon as possible.

 

The Major Projects Officer introduced the report and explained that the windows to the front façade were not a non-openable type as required by condition (9) of the appeal decision.  He also explained that a Breach of Condition Notice (requiring the windows on the front façade, facing the High Street, to be fixed shut) had been served and the developer had not complied with it.

 

Officers had concluded that enforcement action was not necessary as Environmental Health officers had advised that noise issues alone did not justify formal enforcement action, and the Inspector dealing with the appeal against the refusal of 18/500767/FULL had concluded that there were no potential air quality issues.

 

The Chairman moved the officer recommendation to not pursue enforcement action for the non-compliance with condition (9) of the Inspector’s decision for 18/500767/FULL and this was seconded by the Vice-Chairman.

 

A visiting Ward Member who had called-in the item, spoke in support of action against the developer.

 

Members considered that action should be taken.

 

On being put to the vote the motion to not take action was lost.

 

Councillor James Hunt moved the following motion which was seconded by Councillor Cameron Beart:  That enforcement action be taken.  On being put to the vote the motion was agreed.

 

Resolved:

 

(1)      That the developer be prosecuted for failure to comply with the Breach of Condition Notice served pursuant to condition (9) of 18/500767/FULL, pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring compliance with condition (9) of the Inspector’s decision for 18/500767/FULL.

 

(2)          That the Head of Planning Services and Head of Legal Services be authorised to prepare and serve the necessary documentation, including the precise wording to give effect to this decision.

23.

Adjournment of Meeting

Minutes:

The meeting was adjourned from 8.34 pm to 8.43 pm and from 9.09 pm to 9.16 pm.