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Swale Borough Council Planning Services SWALE BOROUGH COUNCIL PLANNING SERVICES Planning Items to be submitted to the Planning Committee 7 JANUARY 2010 Standard Index to Contents PART 1 Reports to be considered in public session not included elsewhere on this Agenda PART 2 Applications for which permission is recommended PART 3 Applications for which refusal is recommended PART 4 Swale Borough Council’s own development; observation on County Council’s development; observations on development in other districts or by Statutory Undertakers and by Government Departments; and recommendations to the County Council on ‘County Matter’ applications. PART 5 Decisions by County Council and the Secretary of State on appeal, reported for information PART 6 Reports containing “Exempt Information” during the consideration of which it is anticipated that the press and public will be excluded ABBREVIATIONS: commonly used in this Agenda CDA Crime and Disorder Act 1998 GPDO The Town and Country Planning (General Permitted Development) Order 1995 HRA Human Rights Act 1998 K&MSP Kent and Medway Structure Plan 2006 SBLP Swale Borough Local Plan 2008 INDEX OF ITEMS FOR PLANNING COMMITTEE – 7 JANUARY 2010 • Minutes of last Planning Committee Meeting • Minutes of any Working Party Meetings 1.1 FAVERSHAM TPO No. 3 of 2009 22 Preston Lane Pg 1 – 3 2.1 SITTINGBOURNE SW/09/1012 5 Napier Close Pg 1 – 4 2.2 BORDEN SW/08/0998 Hooks Hole Farm, Pg 5 – 8 Chestnut Street 2.3 UPCHURCH SW/09/1135 Four Gun Field, Otterham Pg 9 – 14 Quay Lane 2.4 SITTINGBOURNE SW/09/1044 83 & 93 Borden Lane Pg 15 – 18 2.5 TEYNHAM SW/09/0942 Swale Marina, Conyer Pg 19 – 23 2.6 HARTLIP SW/09/1018 3 Munns Lane Pg 24 – 28 2.7 IWADE SW/09/0755 Land off Grovehurst Road Pg 29 – 41 2.8 IWADE SW/09/0756 Land East of Woodpecker Pg 42 – 85 Drive, Helen Thompson Close 2.9 SITTINGBOURNE SW/09/1175 Fulston Manor Pg 86 – 102 2.10 MINSTER SW/09/1060 Stonnes Family Centre, Pg 103 – 106 Halfway Road 2.11 BOBBING SW/09/0972 Land adj Upper Toes, Pg 107 – 118 Sheppey Way 2.12 LEYSDOWN SW/09/1103 Land South of Leysdown Road, Pg 119 – 128 2.13 BOUGHTON SW/09/0917 Whatman House, The Charlton’s Pg 129 – 139 2.14 IWADE SW/08/1127 Land adjacent Coleshall Farm, Pg 140 – 201 Sheppey Way, School Lane 2.15 BORDEN SW/09/0825 Land off Woodgate Lane Pg 202 – 208 2.16 NEWINGTON SW/09/1061 Hillview, 104 High Street Pg 209 – 217 2.17 FAVERSHAM SW/09/1168 Morrisons Supermarket, Pg 218 – 222 North Lane 2.18 DARGATE SW/09/0899 Plot 1, Belvedere Farm, Pg 223 – 227 Dargate Road 2.19 BORDEN SW/09/1164 Land adj School Car Park, Pg 228 – 239 School Lane 3.1 LOWER HALSTOW SW/09/1083 18-20 Burntwick Drive Pg 1 – 4 5.1 SITTINGBOURNE SW/08/1338 23 Park Avenue Pg 1 – 3 5.2 SHELDWICH SW/09/0011 North Barn, Westwood Court Pg 4 – 6 5.3 EASTCHURCH SW/09/0658 Site at Appleyard Barn, Pg 7 – 8 Plough Road 5.4 SHELDWICH SW/09/0454 8 Hunters Way Pg 9 – 10 5.5 MINSTER SW/09/0060 Vicarage Road, rear of Pg 11- 14 13 Queens Road 5.6 EASTCHURCH SW/09/0165 Site at North Corner of Pg 15 – 16 Junction between Warden Road and Fourth Avenue 5.7 FAVERSHAM SW/09/0150 35 St Marys Road Pg 17 – 18 5.8 BOUGHTON SW/09/0295 Site at Oak Tree Cottage, Pg 19 – 21 South Street 5.9 BAPCHILD Case 23606 35 Doubleday Drive Pg 22 – 24 5.10 UPCHURCH SW/08/1291 2 Boxted Farm Barns, Pg 25 – 27 Boxted Lane 5.11 UPCHURCH SW/08/1260 Site at 3 The Potteries Pg 28 – 30 5.12 FAVERSHAM SW/08/1330 Site at Co-Operative Retail Pg 31 – 35 Services Ltd, Forbes Road 5.13 EASTCHURCH SW/08/1328 Site at Unit 9, Fletchers Battery, Pg 36 – 40 Swanley Farm, Warden Road PLANNING COMMITTEE – 7 JANUARY 2010 PART 1 Report of the Head of Development Services PART 1 Any other reports to be considered in the public session 1.1 TPO No. 3 of 2009 (Case 11925) FAVERSHAM Location: 22 Preston Lane, Faversham, Kent, ME13 8LF Proposal: Objection to TPO No. 3 of 2009 Applicant/Agent: Mrs Diana Norman, The Sycamores, 22 Preston Lane, Faversham, Kent, and Mr R Stringer, 24 Preston Lane, Faversham, Kent Description of Proposal This report relates to objections made in regard to a Tree Preservation Order made on 25 September 2009 to protect one Sycamore tree growing within the rear garden of 22 Preston Lane, Faversham. The tree is shown as T1 Sycamore on the Tree Preservation Order map. The Order was made on the following ground: “Policy E10 of the Swale Borough Local Plan 2008 states that the Borough Council will seek the protection of important trees in the local landscape. The Sycamore tree is a healthy maturing specimen, which contributes significantly to the amenity of the area. A Section 211 Notice has been submitted to fell the Sycamore tree which in the Council’s view would be detrimental to the character of the area. Therefore it is considered expedient to make the Sycamore subject to a TPO in order to secure its long-term retention.” Relevant Site History and Description The Sycamore T1 is growing within the rear garden of 22 Preston Lane, Faversham. It is a healthy, mature specimen that is clearly visible from various surrounding public areas making it contribute significantly to the visual amenity of the area. On 25 September 2009 Tree Preservation Order No. 3 of 2009 was made to protect 1 Sycamore growing within the rear garden of 22 Preston Lane, following the Council’s receipt of a Section 211 Notice under the Conservation Area Legislation giving six weeks Notice of intent to have the Sycamore felled. Continued . 1 1.1 (Contd) PART 1 Other Representations One letter of objection has been received from the tree owner Mrs Diana Norman of The Sycamores, 22 Preston Lane. An e-mail of objection has also been received from the neighbour Mr Stringer of 24 Preston Lane, Faversham. This e-mail was originally sent to support the proposal to fell the tree, but the writer has confirmed that he wishes these comments to be read as an objection to the Order. Their comments can be summarised as follows: • Due to the tree’s height and size the garden and rear of the property suffers greatly from lack of light. • The tree is not a particularly attractive and by its nature is not a threatened species. • The tree produces a slimy substance that covers garden furniture and ornaments that is impossible to remove. • The tree deposits, leaves, seeds and flowers by the millions. • There is concern that if the tree was to fall or branches snap, they would cause severe damage to nearby properties. Views of Consultees The Council’s Tree Officer supports the confirmation of the Tree Preservation Order, and considers the tree to be of appropriate amenity value to justify the order. He states that ‘upon inspection the Sycamore was clearly visible from various public areas thus making it contribute significantly to the amenity of the local area. Planning Policies Swale Borough Local Plan 2008. Policy E1 which addresses General Development Criteria Policy E10 which refers to the Protection of Trees Discussion The Sycamore numbered T1 on the TPO plan is a mature specimen growing within the rear garden of 22 Preston Lane, Faversham. The Council’s Tree Officer has viewed the tree from the surrounding roads and concluded that it is of sufficient quality to be included within the Order. At the time of his inspection the Sycamore exhibited no major defects other than the presence of some minor dead branches which are not unexpected on a tree of this age and size. The removal fo the dead wood can be undertaken without the need for a formal application to be submitted to the Council although at least five working days notice is to be given prior to undertaking of such work. Continued . 2 1.1 (Contd) PART 1 Unfortunately, many of the complaints listed by Mrs Norman and her neighbour, Mr Stringer, such as falling leaves, seeds and blockage of light are all common problems when living near to large mature trees and whilst they can be an inconvenience they are not considered sufficient reasons to remove healthy prominent trees. Therefore, whilst I note the concerns and objections raised by Mrs Norman and her neighbour Mr Stringer, I do not consider they amount to sufficient cause not to confirm the Tree Preservation Order. I consider the tree in part to contribute to the visual amenity of the streetscene and surrounding area. Recommendation I consider the tree contributes significantly to the character of the streetscene being visible from various viewpoints along the surrounding roads. I therefore recommend that the Tree Preservation Order be confirmed as soon as possible. ___________ Responsible Officer: Graham Thomas (Area Planning Officer) List of Background Documents 1. TPO No. 3 of 2009 2. Objections to TPO No. 3 of 2009 3 PLANNING COMMITTEE – 7 JANUARY 2010 PART 2 Report of the Head of Development Services PART 2 Applications for which PERMISSION is recommended 2.1 SW/09/1012 (Case 23839) SITTINGBOURNE Location: 5 Napier Close, Sittingbourne, Kent, ME10 1RU Proposal: Pitched roof single-storey extensions to side and rear Applicant/Agent: Mr A Taylor, c/o Mr P Brown, Hubbard & Houghton Construction Ltd, 33 Chalkwell Road, Sittingbourne, Kent, ME10 2LD Application Valid: 22 October 2009 Conditions (1) The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which the permission is granted.
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