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 Interests (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.

Councillor James Hunt declared an interest respect of item 6.1 and said that he would explain his interest just before the item was due to be considered.

This meeting will consider the following outstanding items from the Planning Committee meeting which was adjourned on Thursday 12 May 2022:

Part 2 – 2.2, 2.6, 2.7

Part 5 – 5.1, 5.2

Part 6 – 6.1

Please see link below to the Agenda:

Planning Committee 12.05.2022

PART 2

Applications for which PERMISSION is recommended

This application was considered at the Planning Committee meeting on Thursday 12 May 2022.

The Major Projects Officer introduced the report.  He reported that further comments from Ospringe Parish Council had been received which he read out for Members.  He also referred to pages 54 to 56 of the report, where the Parish Council comments were set-out in detail.  The Parish Council raised concern about the increased traffic from the site.  The Major Projects Officer referred Members to the detailed comments on highways/parking set-out on pages 65 to 66 of the report and said that Kent County Council (KCC) Highways and Transportation raised no objection. 

The Chairman moved the officer recommendation to approve the application, and this was seconded by Councillor Cameron Beart.

The Ward Member, also a member of the Planning Committee, spoke against the application.  He raised concern about the accumulative effect of traffic from the site and in particular large vehicles such as horse trailers and lorries which would have to negotiate rural lanes.  He said that access to the site was not suitable for this type of development.

Members considered the application and raised points which included:

·         Would be difficult to refuse on highway grounds as KCC Highways and Transportation raised no objection;

·         welcomed the provision of employment in a rural location;

·         National Highways had requested a Transport Assessment and the applicants had provided one; and

·         had some sympathy with local residents but the equestrian centre had already been approved.

Resolved:  That application 19/502484/FULL be approved subject to conditions (1) to (19) in the report.

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 relation to any action in connection with the prevention, investigation or prosecution of crime.

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.

To consider the attached report (Part 6).

At this point Councillor James Hunt declared an interest and left the room during consideration of this item.

The Planning Enforcement Contractor introduced the report and outlined the history of the site for Members.

The Chairman moved the motion to serve an Enforcement Notice and this was seconded by Councillor Monique Bonney.

Members considered the report and the Planning Enforcement Contractor and Senior Lawyer (Planning) responded to questions raised.

Councillor Monique Bonney moved the following addendum:  That the compliance period of six months be extended 12 months.  This was seconded by Councillor Paul Stephen.  On being put to the vote the addendum was lost.

Resolved:     That the Planning Enforcement Contractor be given delegated authority to serve an Enforcement Notice in respect of the breach of planning control, pursuant to the provisions of Section 172 of the Town and Country Planning Act 1990, as amended, requiring that: the use of the site as an animal sanctuary ceases and all livestock be removed from the site; the residential use of the caravan ceases; all the recently erected fencing within the site and along the frontage with the highway, together with the gates and posts, and all the structures, buildings and all materials arising from the demolition be removed from the site within six months of the Notice take effect.

That delegated authority be given to the Head of Planning Services and the Head of Legal Services to prepare and serve the necessary paperwork, together with the precise wording therein.