To consider the following application:

17/506010/FULL – Southlands, Rook Lane, Bobbing

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 these items must be registered with Democratic Services (democraticservices@swale.gov.uk or call us on 01795 417328) by noon on Wednesday 10 October 2018.

Reports shown in previous Minutes as being deferred from that Meeting

The Senior Planner referred to the previous decision of the Planning Committee to defer the item, and drew attention to a letter from County Councillor Mike Whiting that had been circulated to Members.  The Senior Planner clarified that the previous use of the site had included 24 bed spaces but it was not the only use, and advised that the proposed use included a day centre room, limited to 50 square metres, which the applicant intended to offer to groups to use as a day centre. Taking this into consideration, the advice from Kent County Council (KCC) Highways & Transportation remained that there would be fewer vehicle movements from the proposed use than the former use.

In respect of air quality, the Senior Planner read out advice from the Environmental Protection Team Leader regarding the readings from the diffusion tube at Keycoll Hill, but that it was too early to state categorically that there was an issue at this location with air quality.  However, as there would be less traffic than the previous use of the site it was likely that air quality would not be worse than previous and possibly better. 

The Senior Planner also clarified that the paragraph numbers in the National Planning Policy Framework (NPPF) referred to in the July 2018 report were out-of-date as a new NPPF had been published.  However, there was no substantial change in national policy relating to this site.

The Senior Planner also showed Members the amendments in the design of the building which included changes in the height and design of the roof line/elevations.

Parish Councillor Graham Herbert, representing Bobbing Parish Council, spoke against the application.

Joanne Prudence, an Objector, spoke against the application.

The Chairman invited Members to ask questions, and questions were asked regarding air quality (in terms of when monitoring had started and when it would be possible to give a view); the number of trees on site now and how many would remain after the proposed development; how Section 106 money would be allocated if the application was approved; and whether there was a shortage of care beds in the Sittingbourne/Swale area.

In response to questions from Members, the Senior Planner advised that he could not comment further on the air quality advice given by the Environmental Protection Team, other than it was likely that there would be a decrease in the traffic generated and so it would not be any worse than through the existing lawful use of the site. He did not have information about when monitoring had started.  He advised that three standard trees would be removed as referred to in paragraph 2.05 of the report, and the existing orchard would be removed but would be replaced in part through mitigation, and there would be a planning condition regarding this if the application was approved.  He also explained the Section 106 process for contributions to NHS facilities, and referred to paragraphs 7.05 and 7.06 of the report which referred to the shortage of care beds in the area.

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

A Visiting Member spoke against the Officer recommendation to approve the application.

Debate ensued, which centred on the following themes:

• The potential loss of trees and whether the mitigation could be undertaken before any work took place, to reduce the impact on air quality;
• Whether the application could be deferred for a 12 month period to allow for further monitoring of air quality in the area.

Councillor Nicholas Hampshire proposed the following motion:  That the application be deferred for 12 months to allow for further monitoring of air quality.  This was seconded by Councillor Mike Baldock.

Members debated the proposal to defer the application, during which Members referred to the professional advice of Officers and the potential for challenge should the application be deferred; the shortage of care home beds; and the need to make a decision now.  The Development Planner (KCC Highways & Transportation) reiterated their advice in that the proposed development would not generate more vehicle movements, that they had no concerns regarding the impact on traffic or that the development would reduce highway safety.

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

The Committee then debated the motion to approve the application.  During the debate it was suggested that additional conditions could be included regarding the need to ensure at least as many trees were planted as were removed, and that noise control measures should also apply to any in-house laundry.

In accordance with Council Procedure Rule 19(2) a recorded vote was taken on the motion to approve the application as follows:

For: Councillors Cameron Beart, Bobbin, Andy Booth, Mike Dendor, Mike Henderson, Ken Ingleton, Bryan Mulhern and Ghlin Whelan. (Total = 8).

Against: Councillors Mike Baldock, Richard Darby, James Hall, Nicholas Hampshire, Harrison, James Hunt, Nigel Kay and Peter Marchington.  (Total = 8).

Abstain: none.

The Chairman announced that the vote was tied and used his casting vote to approve the application.

Resolved:  That application 17/506010/FULL be approved subject to conditions (1) to (35) in the report and a suitably-worded Section 106 agreement.  Condition (7) (landscaping) to be amended to ensure the amount of new planting compensates for existing trees to be removed.  Condition (35) to be amended to apply to any in-house laundry operation.