Agenda item
Schedule of Decisions
To consider the attached report (Sections 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 4 January 2017.
Minutes:
PART 2
Applications for which PERMISSION is recommended
2.1 REFERENCE NO - 16/500862/FULL |
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APPLICATION PROPOSAL Retention of lean-to hay store to rear of existing stables. |
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ADDRESS Land At Meresborough Lane And Spade Lane, Meresborough Lane Hartlip Kent ME9 7LZ |
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WARDHartlip, Newington And Upchurch |
PARISH/TOWN COUNCIL Hartlip |
APPLICANT Mr J Strevens AGENT Woodstock Associates |
This item was withdrawn from the agenda.
2.2 REFERENCE NO - 16/500861/FULL |
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APPLICATION PROPOSAL Variation of condition 8 of SW/07/0664 (Change of use of land for the keeping of horses including erection of 4 stables, one tack room and hay and machinery store) for retention of small tourer caravan as an amenity facility for the stable worker. |
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ADDRESS Land At Meresborough Lane And Spade Lane, Meresborough Lane Hartlip Kent ME9 7LZ. |
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WARDHartlip, Newington And Upchurch |
PARISH/TOWN COUNCIL Hartlip |
APPLICANT Mr J Strevens AGENT Woodstock Associates |
Mr Graham Addicott, representing Hartlip Parish Council, spoke against the application.
The Chairman moved the officer recommendation to approve the application and this was seconded.
A Ward Member spoke against the application. He considered it would set a precedent, and effect visual amenity.
Members raised the following points: concerned with this application; this caravan did not look like it was a touring caravan; this was contrary to the original condition on the application; difficult to reconcile that some agricultural buildings were deemed not fit for the countryside, but this seemed to be acceptable, needed to be consistent; the caravan should not be used in the evenings; it seemed that the applicant was contravening the condition as there was external storage on the site; question the meaning of ‘amenity facility’; was the caravan being used for overnight stays?; this was the ‘thin end of the wedge’; caravan was atrocious, resulting in visual harm; this was a very visible site; and would be happier if this was short-term.
The Development Manager explained that in terms of the use of the caravan, there had been no evidence of overnight stays, and no complaints had been received, and therefore nothing was being investigated by the Planning Enforcement Team. He explained that the application was for a small caravan, and the amenity use was for the stable worker to use for rest/tea breaks.
In response to a question, the Area Planning Officer explained that the wording of condition (8), outlined on page 6 of the report, was no longer the wording that was used for this type of condition, and that the word ‘prior’ was no longer included. He advised that the condition could be amended to make the permission temporary, and he sought delegated authority to do this.
On being put to the vote, the motion to approve the application was lost.
Councillor Mike Henderson moved a motion to refuse the application on the following grounds: that reasonable conditions were imposed on the application site nine years ago in relation to no external storage etc. in the interests of visual amenity of the area, and this application should be refused for the same reasons. This was seconded by Councillor Andy Booth and upon being put to the vote, the motion to refuse the application was carried.
Resolved: That application 16/500861/FULL be refused on the grounds of the harmful affect on visual amenity of the area.
2.3 & 2.4 REFERENCE NO - 16/507616/FULL & 16/507617/LBC |
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APPLICATION PROPOSAL Construction of an Orangery. |
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ADDRESS Old Rectory Frinsted Road Milstead ME9 0SA |
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WARD West Downs |
PARISH/TOWN COUNCIL Milstead |
APPLICANT Mrs J Gale AGENT E P Architects Ltd |
The Chairman moved the officer recommendation to approve the applications and this was seconded.
Resolved: That application 16/507616/FULL be approved subject to conditions (1) to (5) in the report.
Resolved: That application 16/507617/LBC be approved subject to conditions (1) to (5) in the report.
2.5 REFERENCE NO - 16/507561/FULL |
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APPLICATION PROPOSAL Conversion of loft with insertion of two front dormer windows and erection of single storey rear extension. |
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ADDRESS 11 Wards Hill Road, Minster-on-Sea, Kent, ME12 2LL |
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WARD Minster Cliffs |
PARISH/TOWN COUNCIL Minster-on-Sea |
APPLICANT Mr Evan Simkus AGENT Architek Design & Planning |
The Chairman moved the officer recommendation to approve the application and this was seconded.
A Ward Member supported the application.
Resolved: That application 16/507561/FULL be approved subject to conditions (1) to (3) in the report.
2.6 REFERENCE NO - 16/506927/FULL |
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APPLICATION PROPOSAL Erection of a 4 Bedroom detached dwelling with integral garage and parking space and revised scheme from previously approved application 14/506821/FULL. |
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ADDRESS Corner Plot Range Road Eastchurch Kent ME12 4DU |
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WARDSheppey East |
PARISH/TOWN COUNCIL Eastchurch |
APPLICANT Mr Lee Marshall AGENT Kent Design Architects |
The Chairman moved the officer recommendation to approve the application and this was seconded.
Discussion ensued on whether the site should have two semi-detached houses on it, or one detached house. The Area Planning Officer confirmed that two semi-detached houses had already been built, and this was an application for a 4-bedroom detached house.
Members raised the following points: this was back-garden building; it was not in-keeping with the streetscene; there were overlooking issues; 4-bedroom houses were needed; and the resulting amenity space was not adequate.
On being put to the vote, the motion to approve the application was lost.
Councillor Cameron Beart moved a motion to refuse the application on the following grounds: That it was not in-keeping with the streetscene, it was overintensive, giving rise to overbearing impact on the existing dwellings; overlooking was unacceptable; and it was harmful to residential amenity by virtue of the reduced garden size to one of the approved dwellings. This was seconded by Councillor Andy Booth.
The Area Planning Officer gave details of the depths of the two existing semi-detached gardens which were 10.5 metres, and 15.5 metres down to 9.4 metres; the standard was 10 metres.
Resolved: That application 16/506927/FULL be refused on the grounds that it was not in-keeping with the streetscene, it was overintensive, giving rise to overbearing impact on the existing dwellings; overlooking was unacceptable; and it was harmful to residential amenity by virtue of the reduced garden size to one of the approved dwellings.
2.7 REFERENCE NO - 16/507130/FULL |
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APPLICATION PROPOSAL Detailed application for the use of the existing lawful structure which is laid out as two apartments, for the use as two holiday let units at the Annexe at Sharsted Lodge |
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ADDRESS Sharsted Lodge Sharsted Road Doddington Kent ME9 0JS |
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WARD East Downs |
PARISH/TOWN COUNCIL Doddington |
APPLICANT Mr A Connor AGENT DHA Planning |
The Area Planning Officer explained that the two applications noted as ‘pending consideration’ on page 35 of the report had recently been approved. He reported that the applicant had agreed to a Unilateral Undertaking to restrict occupation of the building to holiday accommodation only.
Mr John Collins, the Agent, did not speak.
The Chairman moved the officer recommendation to approve the application and this was seconded.
In response to a statement, the Locum Solicitor advised of the importance of having a Unilateral Undertaking as this would make it easier for the Council to control future use of the property, via injunction, rather than enforcement action.
Resolved: That application 16/507130/FULL be approved subject to conditions (1) to (5) in the report, and to the receipt of a satisfactory Unilateral Undertaking to control future use of the property to holiday use.
2.8 REFERENCE NO - 16/507299/LBC |
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APPLICATION PROPOSAL Listed Building Consent for 1 x Non Illuminated Aluminum Fascia Letters |
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ADDRESS 7 Market Place Faversham Kent ME13 7AG |
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WARD Abbey |
PARISH/TOWN COUNCIL Faversham Town |
APPLICANT Mr Blyth AGENT Blaze Signs Ltd |
A Ward Member supported the application.
Discussion ensued on how the sign compared to others in the area and whether it should be hand-painted or not.
Resolved: That application 16/507299/LBC be approved subject to condition (1) in the report.
2.9 REFERENCE NO - 16/507289/FULL |
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APPLICATION PROPOSAL New dual use netball court/drop-off area; access from land to the east and new footway between Gladstone Drive and land to the east of the school (Stones Farm development). |
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ADDRESS Lansdowne County Primary School, Gladstone Drive, Sittingbourne, Kent ME10 3BH |
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WARD Murston |
PARISH/TOWN COUNCIL Bapchild |
APPLICANT G H Dean & Company Limited AGENT Paul Sharpe Associates LLP |
The Area Planning Officer drew Members’ attention to the tabled papers, one from the Chief Executive Officer of the Stour Academy Trust in support of the application, and the other from the Locum Solicitor which provided advice on referral, following an objection by Sport England, to the Secretary of State.
Mr Paul Sharpe, the Agent, spoke in support of the application.
The Chairman moved the officer recommendation to approve the application and this was seconded.
Members raised the following points: dual use would help the school; Sport England’s comments were unsound; should not refer it to the Secretary of State; could we ensure that the parking aspect continued?; and considered that the points raised within the legal advice meant that referral to the Secretary of State was not mandatory.
The Area Planning Officer suggested that officers could be given delegated authority to impose a condition that stated that the use for car parking was ensured.
The motion to approve the application was put to the vote and lost.
Councillor Mike Baldock moved the following motion: That the application be approved, without referral to the Secretary of State and delegation given to officers to add an additional condition to ensure use for car parking was maintained. This was seconded by Councillor Andy Booth and upon being put to the vote, the motion was agreed.
Resolved: That application 16/507289/FULL be delegated to officers to approve subject to conditions (1) to (6) in the report, without referral to the Secretary of State and an additional condition to ensure that the car parking use would be maintained.
2.10 REFERENCE NO - 15/508514/FULL |
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APPLICATION PROPOSAL Demolition of existing building and erection of 6 No. 4-bed detached houses and 2 No. 3-bed semi-detached houses with garaging, access and landscaping |
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ADDRESS Coleshall Farm, Sheppey Way, Iwade, Kent, ME9 8QY. |
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WARD Bobbing, Iwade & Lower Halstow |
PARISH/TOWN COUNCIL Iwade |
APPLICANT Mr Tom Ledger AGENT DHA Planning |
The Area Planning Officer reported that the Environmental Health Manager raised no objection to the application, subject to standard conditions requiring a contamination survey, hours of work and dust suppression. Southern Water raised no objection, subject to a standard condition regarding submission of foul and surface water disposal, and standard informatives advising the developer of their responsibilities with regard to water pipes and connections to the sewerage system. The Area Planning Officer sought delegated authority to approve, subject to these additional conditions and informatives.
Mr Eric Pryjemski, the Agent, spoke in support of the application.
The Chairman moved the officer recommendation to approve the application and this was seconded.
Resolved: That application 15/508514/FULL be approved subject to conditions (1) to (18) in the report and to the additional conditions and informatives requested by the Environmental Health Manager and Southern Water.
PART 3
Applications for which REFUSAL is recommended
3.1 REFERENCE NO - 16/506159/FULL |
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APPLICATION PROPOSAL Retrospective application for variation of condition 12 of SW/04/1320 to allow for full time year round occupation |
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ADDRESS ChesleyOast Bull Lane Newington Kent ME9 7SJ |
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WARDHartlip, Newington And Upchurch |
PARISH/TOWN COUNCIL Newington |
APPLICANT Asset Sky Limited AGENT Direct Planning Limited |
The Area Planning Officer advised that additional documents for this application had been emailed to members of the Planning Committee. The documents had included a covering letter, stating errors and omissions in the report, and a Sound Insulation Testing Report, dated 2011. In response to this report, the Environmental Health Manager had stated that this still resulted in residential units being located adjacent to industrial buildings with issues of adverse noise impacts from two incompatible uses, and this was unadvisable. The documents also included supporting letters from each of the occupiers of the units, and occupiers of nearby sites, including mention of the occupied units helping in the reduction of crime levels, which the Area Planning Officer advised was anecdotal.
Mr Catmur, the Agent, spoke in support of the application.
The Chairman moved the officer recommendation to refuse the application and this was seconded.
A Ward Member spoke in support of the application. He considered it to be in a sustainable location, and not viable for holiday lets, that no alteration was required to the building, there was plenty of car parking and the Environmental Health Manager’s concerns had been addressed.
In response, the Area Planning Officer reminded Members that the Environmental Health Manager had raised objection to the application.
Members raised the following points: this seemed to be planning through the ‘back door’; was there proof that holiday lets had been marketed?; supported the application, the area was sustainable, and it added to the community; do not welcome retrospective applications; and there was a shortage of holiday lets in Swale.
Resolved: That application 16/506159/FULL be refused for the reasons stated in the report.
3.2 REFERENCE NO - 16/507038/OUT |
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APPLICATION PROPOSAL Outline application for the erection of a single dwelling with associated access and parking. (Access only being sought). |
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ADDRESS Courtenay House London Road Dunkirk ME13 9LF |
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WARDBoughton And Courtenay |
PARISH/TOWN COUNCIL Dunkirk |
APPLICANT Mr & Mrs Datlen AGENT The JTS Partnership |
Mr Oosterhof, the Agent, spoke in support of the application.
The Chairman moved the officer recommendation to refuse the application and this was seconded.
A Ward Member spoke against the application and stated that the site had been turned down for housing twice already, and it was outside the village envelope.
In response to a question, the Area Planning Officer explained that the application site was outside the village envelope in both the current, and emerging Local Plan. He advised that it was an unsustainable location and there were no mitigating benefits.
Resolved: That application 16/507038/OUT be refused for the reason stated in the report.
PART 5
Decisions by County Council and Secretary of State, reported for information
· Item 5.1 – Water Meadow, Primrose Lane, South of Motorway, Bredgar
APPEAL ALLOWED
· Item 5.2 – Land at Seed Road, Newnham
TWO ENFORCEMENT APPEALS DISMISSED
· Item 5.3 – Land at Church Farm, Sheppey Way, Bobbing
APPEAL DISMISSED AND COSTS REFUSED
· Item 5.4 – 60 – 63 Preston Street, Faversham
APPEAL DISMISSED
Supporting documents:
- Front Sheet, item 1093. PDF 11 KB
- INDEX NO PART 6, item 1093. PDF 19 KB
- 2.1 stables land on the corner of spade lane and meresborough lane hartlip, item 1093. PDF 204 KB
- 2.2 stables land on corner of spade lane and meresborough lane hartlip, item 1093. PDF 32 KB
- 2.3 and 2.4 Old Rectory, item 1093. PDF 50 KB
- 2.5 11 Wards Hill Road, item 1093. PDF 42 KB
- 2.6 Corner Plot Range Road Eastchurch, item 1093. PDF 455 KB
- 2.7 Sharsted Lodge, item 1093. PDF 58 KB
- 2.8 7 Market Pl sign, item 1093. PDF 26 KB
- 2.9 Lansdowne school car park area, item 1093. PDF 75 KB
- Lansdowne School Tabled item 1 - added 9 January 2017, item 1093. PDF 38 KB
- Lansdowne School Tabled item 2 - added 9 January 2017, item 1093. PDF 45 KB
- 2.10 Coleshall Farm, item 1093. PDF 87 KB
- 3.1 Chesley Oast Bull Lane Newington, item 1093. PDF 130 KB
- 3.2 Courtenay House London Road, item 1093. PDF 81 KB
- Part 5 FINAL index 5 JAN 17, item 1093. PDF 20 KB
- 5.1 Water Meadow, item 1093. PDF 210 KB
- 5.2 land at seed road, item 1093. PDF 692 KB
- 5.3 church farm bobbing plus costs decision, item 1093. PDF 605 KB
- 5.4 60 63 Preston Street, item 1093. PDF 266 KB