PLANNING COMMITTEE

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, on Thursday 9th September 2004 from 7.00 p.m to 9.20 p.m.

PRESENT: Councillor Barnicott (Chairman), Councillors Bobbin (substitute for Councillor Prescott), Simon Clark, Adrian Crowther, Fentiman (substitute for Councillor John Morris), Sandra Garside, Fiona Gowdy, Brenda Hammond (substitute for Councillor Elvina Lowe), Mulhern (substitute for Councillor Jean Willicombe), Jennie Ronan, Stanford, Ben Stokes and Woodland.

ALSO IN ATTENDANCE: Councillors Chris Boden, Tovey and John Wright.

OFFICERS PRESENT: Mesdames Baxter-Rose and Budge and Messrs. Barton, Bell, Bessant, Taylor and Wilson.

APOLOGIES FOR ABSENCE: Councillors Elvina Lowe, John Morris, Prescott, Alan Willicombe and Jean Willicombe.

208 MINUTES

The Minutes of the Meeting held on 12th August 2004 (Page Nos. 87 – 96) were taken as read, confirmed and signed by the Chairman as a correct record.

'B' MINUTES FOR INFORMATION

209 PLANNING WORKING GROUP

The Minutes of the Meeting held on 31st August 2004 (Page Nos. 117 - 121) were taken as read, confirmed and signed by the Chairman as a correct record.

In relation to application SW/04/0780 (Old Hook Manor, Lower Road, ), the Area Planning Officer updated Members on the negotiations which had been taking place with the applicant concerning the siting of the swimming pool and the automatic rights of its construction under permitted development rights.

In relation to application SW/03/1402 (The Elms, Lower Road, Brambledown, Minster), no workmen had arrived to operate the timber processing machine, but some Members considered that the noise of the machine itself without actually operating was considerable.

In relation to application SW/04/0739 (Land on the south east side of Bartlett Close, ), the Area Planning Officer outlined the negotiations which had taken place and the agreement of the developer to improve drainage and update the conditions of the road in the area.

In relation to application SW/04/0573 (11 Woodstock Road, Sittingbourne), the Area Planning Officer submitted a letter from the Agents indicating the comparative size of the plots for the proposed houses compared with others in the area which were smaller in area or shorter in frontage.

In relation to application SW/04/0117 and SW/04/0118 (Standard Quay, ), the Planning Officer indicated that additional reports had been received. He suggested that Members may wish to defer decisions on these applications in order to consider the information received.

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RESOLVED (1) That application SW/04/0780 be delegated to the Head of Development Services to approve, subject to such conditions as he considered necessary for this development to take place.

(2) That application SW/03/1402 be refused on the grounds that the noise of the equipment, especially when being operated, would be intrusive to the locality.

(3) That application SW/04/0739 be refused on the grounds outlined in the Area Planning Officer's original report.

(4) That application SW/04/0573 be approved subject to the Planning Officer's originally proposed conditions and subject to the retention of as many trees as possible on site.

(5) That applications SW/04/0117 and SW/04/0118 be deferred for further consideration in the light of the additional information received.

210 PLANNING APPLICATIONS

RESOLVED That Planning Applications be determined in accordance with Appendix A to these Minutes.

211 LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985

RESOLVED That under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 12 of Part 1 of Schedule 12A of the Act.

212 *5 JOHNSON WAY, MINSTER, SHEPPEY (6.1)

The Head of Development Services submitted a report which gave details of possible enforcement action that could be undertaken in relation to the unauthorised use of the site for the valetting and sale of motor vehicles. Members also expressed concern over the adverse effect this development had on local road conditions and asked that this be included in the reasons for objection.

RESOLVED That an Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act, as amended, requiring the use of the site for motor vehicle valetting and sales to cease within one month of the Notice taking effect and that the Borough Solicitor and the Head of Development Services be given delegated authority, pursuant to Section 101 of the Local Government Act 1972, to agree the precise wording to give effect to this decision.

213 *LAND AT COWSTEAD CORNER, MINSTER (6.2)

The Head of Development Services submitted a report which gave details of possible enforcement action that could be undertaken in respect of two unauthorised new accesses to the land. The report requested Members to endorse the action.

RESOLVED That the Committee endorse the Enforcement Notice and Stop Notice issued pursuant to the provisions of Section 172 of the Town and Country Planning Act, as amended, requiring the removal of the two unauthorised accesses.

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214 *10 BEACH APPROACH, WARDEN BAY (6.3)

The Head of Development Services submitted a report which gave details of possible enforcement action that could be undertaken in respect of construction of a wall and a fence at the above site.

RESOLVED That an Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act, as amended, requiring the removal of the wall and fencing to the property or reduction of the wall and fencing to a height not exceeding 1 metre within three months of the Notice taking effect and that the Borough Solicitor and the Head of Development Services be given delegated authority, pursuant to Section 101 of the Local Government Act 1972, to agree the precise wording to give effect to this decision.

215 *GRID HOUSE, ST MICHAELS ROAD, SITTINGBOURNE (6.4)

The Head of Development Services submitted a report which gave details of possible enforcement action that could be undertaken in respect of the unauthorised change of use of the building from B1 Business Use to the sale and display of motor vehicles.

RESOLVED That an Enforcement Notice be issued pursuant to the provisions of Section 172 of the Town and Country Planning Act, as amended, requiring the cessation of the use of the sale and display of motor vehicles within three months of the Notice taking effect and that the Borough Solicitor and the Head of Development Services be given delegated authority, pursuant to Section 101 of the Local Government Act 1972, to agree the precise wording to give effect to this decision.

Chairman

NOTES1.519

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Appendix A SCHEDULE OF DECISIONS

PART 1 – ANY OTHER REPORTS TO BE CONSIDERED IN THE PUBLIC SESSION

Faversham Conservation Area (1.1) The Conservation Officer reported on the responses to the recent public consultation exercise and set out the points for Members consideration. It recommended that Faversham should continue to be designated as a Conservation Area, subject to a small number of adjustments being made to the boundary, which would result in the exclusion of a few new houses.

RESOLVED (1) That, in the light of the Review, Faversham continue to be an area of special architectural or historic interest, the character or appearance of which it was desirable to preserve or enhance and that it should continue to be designated as a Conservation Area in accordance with Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(2) That the new boundary to the Conservation Area be as shown on Plan No. CA-FAV-7.

(3) That no further action be taken at the present time in regard to policies and proposals for the preservation and enhancement of the Conservation Area.

Preston Next Conservation Area (1.2)

The Conservation Officer reported on the responses to the recent public consultation exercise and set out points for Members consideration. He recommended that Preston Next Faversham should continue to be designated as a Conservation Area, subject to some significant adjustments being made to the boundary. These were outlined in the report.

RESOLVED (1) That, in the light of the Review, Preston Next Faversham continue to be an area of special architectural or historic interest, the character or appearance of which it was desirable to preserve or enhance and that it should continue to be designated as a Conservation Area in accordance with Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(2) That the new boundary to the Conservation Area be as shown on Plan No. CA-PNF-7, which excluded the area in Preston Park.

(3) That the policies and proposals set out in Annex C for the preservation and enhancement of the area be noted.

Ospringe Conservation Area (1.3)

The Conservation Officer reported on the responses to the recent public consultation exercise and set out the points for Members consideration. He recommended that continue to be designated as a Conservation Area, subject to a number of adjustments being made to the boundary. He also reported that Ospringe Parish Council had suggested the inclusion of the area around Longmeadow Wood, which was currently adjacent to the boundary of the Conservation Area, as they considered that this would enhance and preserve the Conservation Area.

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Planning Committee 9th September 2004

Appendix A RESOLVED (1) That, in the light of the Review, Ospringe continue to be an area of special architectural or historic interest, the character or appearance of which it was desirable to preserve or enhance and that it should continue to be designated as a Conservation Area in accordance with Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(2) That the new boundary to the Conservation Area be as shown on Plan No. CA-0SP-7A which would include Longmeadow Wood.

(3) That the policies and proposals set out in Annex C for the preservation and enhancement of the area be noted.

Review of Conservation Areas: Progress Report (1.4)

The Conservation Officer submitted a report outlining the progress being made with the Borough-wide Review of Conservation Areas and outlined the full list of Conservation Areas, as set out in the First Review of Swale Borough Local Plan. Work had recently started on the Reviews of , and Conservation Areas and public consultation would be taking place in the near future. In view of the attention now being given to the regeneration of the – Area of the Borough, he asked whether Members felt that it would be helpful to bring forward the review of the Queenborough Conservation Area.

RESOLVED That consideration of the Queenborough Conservation Area be brought forward for consultation.

Land at rear of School Lane and Ferry Road, – Erection of 7 No. two storey dwellings (SW/02/0428) (1.5)

RESOLVED That it be noted that this item had been withdrawn.

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Planning Committee 9th September 2004

Appendix A

PART 2 – APPLICATIONS FOR WHICH PERMISSION IS RECOMMENDED

SW/04/0859 (2.1) Mr and Mrs Ingleton

Cattery for up to 40 cats, change of use of the garden. Jefferson Villa, Plough Road, Eastchurch, .

The Area Planning Officer reported that he had received amended plans showing two additional car parking spaces and other changes, including a disabled car parking space.

RESOLVED That the Head of Development Services be delegated authority to approve application SW/04/0859, subject to conditions (1) to (9) in the report and the retention of the turning and parking area.

SW/04/0714 (2.2) Mr Gilleeney

Demolition of existing bungalow and construction of 2 chalet bungalows. 16 Danes Drive, Bayview, Leysdown, Isle of Sheppey.

RESOLVED That application SW/04/0714 be approved, subject to conditions (1) to (8) in the report.

SW/04/0310 (2.3) David Wilson Homes Ltd

Approval of Reserved Matters of SW/00/1274 for Phase One of residential development. Fulston Manor Farm, The Meadows, Sittingbourne.

The Area Planning Officer reported that five letters of objection had been received concerning the routing of bus services, loss of peace and loss of amenity. Consultation had been carried out both on the original reserved matters and minor amendments submitted by the Applicant's Agent.

RESOLVED That the Head of Development Services be delegated to approve the reserved matters under application SW/04/0310, subject to conditions (1), (2) and (5) in the report and also to condition (3) subject, to the number of units stated being 25 and not 50.

SW/04/0584 (2.4) Miss V Cumber

Change of use from residential to form an extension to the existing home for adults with learning disabilities. 8 Neptune Terrace, Sheerness.

The Area Planning Officer submitted a report summarising the reasons for his recommendation to grant permission, a description of the proposal and details of the relevant site history.

Mr Hamilton spoke against the proposal and Miss Cumber the Applicant spoke in favour of the proposal.

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Planning Committee 9th September 2004

Appendix A

Members noted the comments concerning the soundproofing of the building and the risk of flooding to the lower ground floor.

RESOLVED That the Head of Development Services be delegated authority to approve application SW/04/0584, subject to conditions (1) to (3) in the report, to Officers reviewing the soundproofing of the building, a condition that no sleeping accommodation should be permitted on the lower ground floor and to any further necessary conditions which he considered necessary.

SW/04/0585 (2.5) Miss V Cumber

Listed Building Consent for works associated with the Change of use of No. 8 and various works to Nos. 9 and 10. 8 Neptune Terrace, Sheerness.

RESOLVED That application SW/04/0584 be approved, subject to conditions (1) and (2) in the report.

SW/04/1007 (2.6) Orange

Telecommunication installation comprising of a 20m slimline lattice mast with 3 dual band dual polar antennas, 2600mm transmission dishes and 96 pack of equipment cabinets all enclosed in a fence compound measuring 6m x 6m. Currant Wood, Brickfield Lane, Boughton, Nr Faversham.

The Area Planning Officer reported that he had received three letters of objection to the proposal but the Parish Council had raised no objection.

RESOLVED That application SW/04/1007 be approved, subject to conditions (1) to (3) in the report.

SW/04/0913 (2.7) Mr J Loveridge

Two storey side extension. Brenda Villas, Mustards Road, Bayview, Leysdown, Isle of Sheppey.

(Councillor Chris Boden was invited to speak on this item.)

RESOLVED That application SW/04/0913 be deferred to allow the Planning Working Group to meet on site.

SW/04/0952 (2.8) Property Development Services

Detached chalet bungalow and detached bungalow as replacement dwelling. Land at Orchard Way, Eastchurch, Isle of Sheppey.

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Planning Committee 9th September 2004

Appendix A The Area Planning Officer reported that this application had been revised to two bungalows.

RESOLVED That application SW/04/0952 be deferred for further consideration after the appropriate consultation exercise for the modification had been carried out and subject to appropriate conditions, including the amendment of condition (7) to reflect the description of the proposed dwellings.

SW/04/0892 (2.9) Mr R Mackenzie

Erection of poultry building. Tomlins Orchard, Munns Gore Lane, Borden, Nr Sittingbourne.

The Area Planning Officer tabled correspondence and updated Members concerning the proposed erection of this poultry building and indicated that the words "facing bricks and roofing tiles" should be withdrawn from condition (2).

RESOLVED That application SW/04/0892 be approved, subject to conditions (1) to (5) in the report and subject to the amendment in condition (2).

SW/04/0803 (2.10) Mr and Mrs Allen

New house and garage, new vehicular access/egress, site adjoining West Court, School Lane, Borden.

RESOLVED That application SW/04/0803 be approved, subject to conditions (1) to (7) in the report.

SW/04/0920 (2.11) Mark & Claire Cooper

Land at Breach Lane, Upchurch, Sittingbourne. Retrospective application for a new gateway (two telegraph poles as gate posts, chopped off at normal fence height, and two 15ft galvanised gates).

The Area Planning Officer submitted details of the changed access site lines and position of gates for this retrospective application. He drew attention to the fact that the closing date for representations was 10th September 2004 and his recommendations were therefore made subject to the receipt of comments of the Parish Council and the further views of the Highway Manager. From a practical point of view and in view of the number of cars parked in the lane at this point, Officers were invited to discuss possible alternative locations for the gateway but in conjunction with the Highways Manager.

RESOLVED (1) That the Head of Development Services be delegated to authorise the approval of application SW/04/0920, subject to no further objections being raised before the closing date of 10th September 2004.

(2) That, should an alternative location for the gate be found not suitable, the Highways Manager be requested to address problems created by the parking of cars at this point.

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Planning Committee 9th September 2004

Appendix A SW/04/0971 (2.12) Tolapis Investments Ltd

Demolition of existing dwelling and erection of two dwellings. 27 Cliff Gardens, Minster, Sheerness.

The Area Planning Officer reported that he had received six further letters, five of which objected to the proposal and one from the Highway Authority raising no objection. He confirmed that the site plans submitted were accurate.

RESOLVED That application SW/04/0971 be approved, subject to conditions (1) to (9) in the report.

SW/04/0886 (2.13) Mr and Mrs Allen

Rear extension, loft conversion and garage. 30 Ethelbert Road, Faversham.

The Area Planning Officer reported that he had received one letter of objection.

RESOLVED That application SW/04/0886 be approved, subject to conditions (1) to (3) in the report.

SW/04/0784 (2.14) Mr K Fullagar

Extension to existing house on both floors. 8 Edyngham Close, Sittingbourne.

The Area Planning Officer reported that application SW/04/554 had been refused and that this proposal had been modified with regard to the amount of space that would be taken into the residential confines. He did, however, agree that the proposed fence line did leave a fairly substantial amount of the verge unenclosed but accepted that this was a marginal case.

An objector, Mr Killick, spoke against the proposal.

RESOLVED That application SW/04/0784 be refused in similar terms to the refusal of application SW/04/554.

SW/04/0901 (2.15) Brett Concrete Ltd

Two new buildings to store materials delivered by ship also small office accommodation weighbridge. Two silos and transfer pipeline.

The Area Planning Officer reported that both the Highway Manager and the Parish Council had withdrawn their objections to this application.

RESOLVED That application SW/04/0901 be approved, subject to conditions (1) to (3) in the report.

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Planning Committee 9th September 2004

Appendix A SW/04/0409 (2.16) Redrow Homes (South-East)

Application for Approval of Reserved Matters (SW/96/717) for residential development, construction of access roads, garages and parking spaces. Area 7 The Meads, off Staplehurst Road, Sittingbourne.

The Area Planning Officer reported that amended plans for a dwelling, which addressed the observations of the Highway Manager, had been received and the Southern Water Authority had indicated no objections to the application.

RESOLVED That application SW/04/0409 be approved, as amended, subject to conditions (1) to (11) in the report and a condition concerning surface water disposal being agreed before work starts on site.

SW/04/0641 (2.17) Nigel Fox

Outline application for a single dwelling. Amethyst Horticultural, Lane, Lynsted.

RESOLVED That application SW/04/0641 be approved subject to conditions (1) to (10) in the report.

SW/04/0190 (2.18) G H Dean & Co Ltd

Change of use of redundant agricultural buildings to B1, B2 and B8 uses. Orchard Farm, School Lane, Iwade, Nr Sittingbourne, Kent.

RESOLVED That application SW/04/0190 be deferred to allow the Planning Working Group to meet on site.

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Planning Committee 9th September 2004

Appendix A PART 3 – APPLICATION FOR WHICH REFUSAL IS RECOMMENDED

SW/04/11002 (3.1) Grays

Change of use of building to the sale and display of motor vehicles. Grid House, St Michael's Road, Sittingbourne.

RESOLVED That application SW/04/1002 be refused.

SW/04/0924 (3.2) Mr T Allsworth

Erection of 11 flats with ground floor car parking and provision of creekside walkway. Ordnance Wharf, Flood Lane, Faversham

It was noted that the application was submitted on 25th July 2003 and an appeal against non-determination was submitted on 4th March 2004. An Inquiry to hear the appeal was scheduled for 30th November 2004.

An objector, Mrs Moriarty, spoke against the proposed development.

RESOLVED That application SW/04/0924 be refused.

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Planning Committee 9th September 2004

Appendix A PART 4 – SWALE BOROUGH COUNCIL'S OWN DEVELOPMENT; OBSERVATIONS ON COUNTY COUNCIL'S DEVELOPMENT; OBSERVATIONS ON DEVELOPMENT BY STATUTORY UNDERTAKERS AND BY GOVERNMENT DEPARTMENTS

SW/04/0759 (4.1) Minster Community College

Changes to external fabric of two buildings (including addition of blue coloured profiled steel sheeting and blue powder coated aluminium window walling), external hard and soft landscaping and the provision of 140 car parking spaces. Minster Community College, Minster Road, Sheerness.

RESOLVED That no objection be raised to application SW/04/0759, subject to conditions (1) to (4) in the report.

SW/04/0861 (4.2) Primary School

Installation of a small wind turbine at a site on the school playing fields. Davington Primary School, Priory Row, Faversham.

An objector, Mr Ackerley, spoke against the proposal. Mr Ford and Mr Williamson spoke in support of the proposal.

(Councillor Tovey was invited to speak on this item.)

RESOLVED That no objection be raised to application SW/04/0861.

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Planning Committee 9th September 2004

Appendix A PART 5 – DECISIONS BY COUNTY COUNCIL AND THE SECRETARY OF STATE ON APPEAL REPORTED FOR INFORMATION

SW/03/0871 (5.1)

Lawful Development Certificate for builders workshop and storage for plant and equipment at Old Farm Building, Paradise Farm, Lower Road, Hartlip.

Appeal dismissed.

SW/03/1084 (5.2)

Change of use from agricultural building to six holiday homes and building works including re- instatement of historic features and conversion of part of an adjoining building to provide parking area – Chesley Oast, Bull Lane, Newington.

Appeal dismissed.

NOTES1.520

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