To approve the Minutes of the Meeting held on 13 June 2023 (Minute Nos. to follow).  Minutes added 21 June 2023 (Minute Nos. 87 – 89)

To consider the following applications:

22/505618/FULL, Land at School Lane, Newington ME9 7JU

22/500007/FULL, Sheerness Bus Station, Bridge Road, Sheerness ME12 1RH

Update report for Land at School Lane, Newington added 14 June 2023.

Further update report for Land at School Lane, Newington, following site meeting, added 21 June 2023, and appendices.

The Minutes of the Meeting held on 13 June 2023 (Minute Nos. 87 - 89) were taken as read, approved and signed by the Chair as a correct record.

22/505618/FULL – Land at School Lane, Newington

The Planning Consultant introduced the application.  She referred to the tabled papers for the application which included:  the report, appendix and tabled update which went to the Planning Committee on 9 March 2023; an updated report, with appendices, following the site visit on 13 June 2023; and an updated report dated 14 June 2023.  The Planning Consultant explained that the applicant had advised that photovoltaic cells would be installed on the roofs of the properties.  She highlighted that highway concerns had been raised at the site visit, but reminded Members that highway issues were not part of the reasons for refusal on the previous application, and that the impact on the countryside should be the focus of debate.

A visiting Ward Member spoke against the application.

The Chair raised concern with the late submission of documents and the Development Manager explained, that after seeking advice from the Council’s solicitors, due process had taken place in the sharing of documents that had been submitted.

The Chair moved the officer recommendation to approve the application and this was seconded by Councillor James Hunt.

A Ward Member who was also a member of the Planning Committee spoke against the application, then left the Chamber during the discussion.

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

·         Concerned with the impact on the highway from the proposed development, including the low bridge at Church Lane, Newington;

·         the development would be built on Grade I agricultural land;

·         supported officers’ view that they did not consider the development would impact the area;

·         concerned that this was outside of the built-up boundary, but needed to consider the Council’s lack of a 5-year housing supply;

·         clarification sought on the ‘enhanced renewable features’ and the potential  financial implications if any contaminated land was found;

·         not impressed with the ‘enhanced environmental measures’;

·         did not consider that Kent County Council (KCC) Highways & Transportation’s assumption that traffic would turn right onto Church Lane was correct as this was not what was evidenced at the site visit;

·         referring to paragraph 9.31 on the 9 March 2023 report, considered the application did create significant harm to the landscape character, and that the benefits did not outweigh the harm;

·         concerned with the impact on the rural lanes;

·         did not consider traffic could enter or exit the site safely;

·         this development would result in erosion of the countryside;

·         there could be an issue with construction traffic accessing the site and turning;

·         concerned that the Railton report, which was more detailed than the KCC report was not provided alongside the other tabled reports;

·         the nearby roads were not suited to Heavy Goods Vehicles (HGVs); and

·         concerned with highway safety and considered Newington could not cope with any increased traffic.

In response, the Planning Consultant outlined the environmental measures proposed on the development, with the addition of the photovoltaic tiles.  She referred to the 9 March 2023 report which set out the Environmental Health Officer’s views on the development, and explained that conditions were in place to address any contamination issues.  She advised that a remediation strategy might be required, and the developer would bear the cost of that.  The Planning Consultant explained that the Railton report was available to view online, and had been considered by the applicant and KCC, and KCC’s opinion had not changed.

In response to a question, the Planning Consultant said the width of Church Lane was approximately five metres, and she referred to condition (3) in the updated report where the developer was required to submit details of a Construction Environmental Management Plan. 

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

There was some discussion on the suggested reasons for refusal and a Member suggested using the same reasons for application 21/504028/FULL.

Councillor Tony Winckless moved the motion as noted in the resolution below.  This was seconded by Councillor Monique Bonney and upon being put to the vote, the motion was agreed.

Resolved:  That application 22/505618/FULL be refused as the proposed development would represent unjustified and unnecessary residential development within the countryside resulting in an urbanising impact, outside of the defined built-up area boundary, in a manner which is significantly and demonstrably harmful to the character, appearance, and intrinsic amenity value of the countryside. The proposal is therefore contrary to policies ST1, ST3, ST5, CP4, DM14, DM24, and DM26 of Bearing Fruits 2031 - The Swale Borough Local Plan 2017, and the National Planning Policy Framework.

In the absence of a completed S106 agreement to secure relevant contributions and obligations, the development fails to mitigate the impacts of the additional residential units on local services and infrastructure, fails to secure the provision of affordable housing, and fails to mitigate ecological impacts on the Swale and Medway Estuary Special Protection Areas and Ramsar sites, contrary to Policies DM6, DM8, CP5, CP6, CP7 and DM28 of "Bearing Fruits" - The Swale Borough Local Plan 2017. Such contributions being required towards the following infrastructure - Highways, Air Quality, Primary Education, Secondary Education, Special Education Needs, Community Learning, Youth Services, Library Bookstock, Social Care, Waste, refuse bin provision, healthcare (NHS) and Swale SPA and Ramsar Sites.

22/500007/FULL – Sheerness Bus Station, Bridge Road, Sheerness

The Area Planning Officer introduced the application.  He referred to the tabled papers for the application which included:  the report and tabled update which were considered by the Planning Committee on 25 May 2023.

The Chair moved the officer recommendation to approve the application and this was seconded by Councillor Tony Winckless.

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

·         Welcomed the fence being painted green;

·         visibility through the fence was important;

·         it was important to employ local labour and apprentices;

·         this location was a really important site;

·         supported the landscaping proposals, and suggested mature planting;

·         considered the design of the fencing could be improved as it looked quite austere and imposing;

·         suggested hedge planting;

·         this development would enhance the area; and

·         needed to ensure the site was large enough for commercial vehicles to turn around.

In response, the Area Planning Officer reminded Members that the fencing would be moved back two metres and the landscaping was required by condition and could be amended so that the planting was more substantial than just whips, and could include hedging as well.  He explained that the site was large and there would be no issues with HGVs turning within the site.

Resolved:  That application 22/500007/FULL be delegated to officers to approve subject to conditions (1) to (14) in the report, an amended/additional condition to ensure the fence was painted green and condition (6) be amended to include more substantial planting, plus hedging, in consultation with the Ward Members.