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 24 May 2023.

Tabled Update added 25.05.2023

PART 2

Applications for which PERMISSION is recommended

The Planning Consultant introduced the application as set out in the report. 

The registered speaker withdrew from speaking.

The Chair moved the officer recommendation to approve the application, and this was seconded by Councillor Mike Henderson.

The Chair invited Members to make comments, and these included the following points:

·         Concerned that badger activity had been recorded adjacent to the application site, but that the developer had not allowed a survey to be carried out on the actual application site;

·         it was important to ensure that the landscaping scheme included native species, with berry-bearing plants;

·         concerned with the traffic speed in the vicinity and the need for visibility splays, and the green verges should be kept low for sightlines;

·         right turns from the development would be dangerous;

·         the housing would dominate existing dwellings;

·         concerned that there might be badgers on the application site and that badger setts could become isolated on the site;

·         overall this was a well-designed development;

·         considered it would be difficult to enforce condition (5) in the report;

·         concerned with the loss of badger foraging ground and the conflict between badgers and the development; and

·         the developers should allow access to the site to enable a full badger survey to be carried out.

In response, the Planning Consultant explained the following:  KCC Ecology had reviewed all of the report [the applicant’s, the report commissioned by Borden Parish Council and the one submitted in relation to Wises Lane] and KCC Ecology had acknowledged badger activity, particularly in the vicinity of the eastern boundary of the site; condition (8) in the report included reference to native species for the landscaping scheme; access had been approved already, with visibility splays and disabled access; there were bungalows on the site to mitigate any over-looking issues and some were set back from the boundary; there were no restrictions in turning right exiting the site; restrictions in respect of permitted developments rights (condition (15)) were in place, however, planning permission could be sought if someone wished to convert a bungalow to a house; conditions were included to minimise conflict between badgers and the development, and officers considered that mitigation measures put in place were sufficient.

The Area Planning Officer explained that the exact locality of the badger sett could not be revealed.  He said there was a strip of landscaping on the site which provided access for the badgers.  He reminded Members that outline planning permission had already been granted, and so the principle of the development had been established.  The Area Planning Officer referred to condition (18) of the outline application, with the requirement of a method statement for ecological mitigation, which would include badgers, and the requirement to carry out detailed badger, and other, surveys.

Councillor Richard Palmer moved the following motion:  That the application be deferred until an independent survey, with full access to the application site had been carried out.  This was seconded by Councillor Chris Palmer and upon being put to the vote, the motion was lost.

Members voted on the substantive motion and this was won.

Resolved: That application 22/505735/REM be approved subject to conditions (1) to (15) in the report.

This item was considered at the reconvened meeting on 1 June 2023.

This item was considered at the reconvened meeting on 1 June 2023.

This item was considered at the reconvened meeting on 1 June 2023.

This item was considered at the reconvened meeting on 1 June 2023.

PART 3

Applications for which REFUSAL is recommended

This item was considered at the reconvened meeting on 1 June 2023.

PART 5

Decisions by County Council and Secretary of State, reported for information

This item was considered at the reconvened meeting on 1 June 2023.