PLANNING COMMITTEE

MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, on Thursday 4th November 2004 from 7.00 p.m. to 10.25 p.m.

PRESENT: Councillor Barnicott (Chairman), Councillors Simon Clark, Adrian Crowther, Sandra Garside, Fiona Gowdy, Elvina Lowe, John Morris, Prescott, Stanford, Ben Stokes, Alan Willicombe, Jean Willicombe and Woodland.

ALSO IN ATTENDANCE: Councillors Bobbin and Bowles.

OFFICERS PRESENT: Ms Baxter-Rose and Messrs Barton, Bell, Bessant, Jeffers, Stevens, Taylor and Thomas.

APOLOGIES FOR ABSENCE: Councillor Jennie Ronan.

342 MINUTES

The Minutes of the Meeting held on 7th October 2004 (Page Nos. 199-208) were taken as read, confirmed and signed by the Chairman as a correct record.

'B' MINUTES FOR INFORMATION

343 PLANNING WORKING GROUP

The Minutes of the Meeting held on 25th October 2004 (Page 231) were taken as read, confirmed and signed by the Chairman as a correct record.

In relation to application SW/04/1047 (rear of 14 Vincent Road, Sittingbourne) Members expressed serious concerns over the loss of amenity to neighbouring properties and the impact on the character of the area. They also expressed concern over the access to the site and the additional traffic that the development would generate, describing it as backland development.

RESOLVED That application SW/04/1047 be delegated to the Head of Development Services to refuse on the grounds indicated above.

344 PLANNING APPLICATIONS

RESOLVED That planning applications be determined in accordance with Appendix A to these Minutes.

345 EXTENSION OF MEETING

RESOLVED That under Standing Order No. 49(1) the meeting be extended to 10.30 p.m. to allow consideration of the remaining items.

346 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.

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347 *SW/04/0990 TOAD HALL FARM, RASPBERRY HILL PARK, RASPBERRY HILL LANE, (6.1)

The Head of Development Services submitted a report indicating that this retrospective application was for the change of use from redundant agricultural land to equestrian, with proposed ménages and stable structures, including access, storage, staircase, mobile building and riding track. Subsequently, the application was withdrawn in September 2004 but a mobile home, a block of five stables, a skip and a horse lorry had been moved onto the site. The area was in a sensitive area in landscape terms within Policy E15 of the Swale Borough Local Plan as a local landscape area. For these reasons and in terms of highway safety he considered that planning permission would be required if a new application was submitted for this development and he, therefore, recommended that authority be given to serve an enforcement notice, requiring the cessation of the use, the removal of the mobile building, mobile home, stable block, the vehicular access, fencing and the hardstanding within three months of the notice taking effect.

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 site for equestrian purposes and the removal of the mobile building, mobile home, stable block, the vehicular access, fencing and the hardstanding 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.

348 *LITTLE CHEF, LONDON ROAD, (6.2)

The Head of Development Services submitted a report giving details of a retrospective planning application (SW/04/1027) which had been refused under delegated powers for the reasons set out in the report. He considered that the fencing was wholly inappropriate in this predominately rural area, causing significant harm to the character and appearance of the street scene and what was also a main route into the Borough. He, therefore, recommended that he be given authority for the service of an enforcement notice requiring the removal of the fence with a compliance period of three months.

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 palisade fencing to the front and side boundaries of this property 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

NOTES2.929

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Appendix A

SCHEDULE OF DECISIONS

PART 2 – APPLICATIONS FOR WHICH PERMISSION WAS RECOMMENDED

SW/04/1159 (2.1) Mr & Mrs Small c/o G Chase Alterations and garage. 118 College Road, Sittingbourne, .

An objector, Mrs A Heywood, spoke against the proposal.

RESOLVED That application SW/04/1159 be deferred for further information.

SW/04/1112 (2.2) Mr and Mrs J Overbury, c/o Robert A Clayton Change of use of land from agricultural to keeping and grazing of horses. Land adjacent to London Road and Oak Lane, Upchurch.

RESOLVED That application SW/04/1112 be approved, subject to conditions (1) to (6) in the report.

SW/04/1079 (2.3) Mrs S E Bradd

Erection of fencing. 4 Farm Crescent, Sittingbourne, Kent, ME10 4QD.

RESOLVED That application SW/04/1079 be approved.

SW/04/1049 (2.4) Mr Friend, c/o Kenrick Associates Variation of condition (2) of the permission granted under SW/01/561 to allow the stationing of a second mobile home. Greenacres, Holywell Lane, Upchurch, Sittingbourne.

The applicant, Mrs Friend, and her brother, Mr Friend, spoke in support of the application.

RESOLVED That application SW/04/1049 be approved, subject to condition (1) in the report.

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Planning Committee 4th November 2004

SW/04/1248 (2.5) Greenham Properties, c/o CDP Architecture Ltd Redevelopment of former school site to form four converted and twelve new build dwellings with associated landscape and parking. Former CEP School, Church Hill, Hernhill.

The Area Planning Officer indicated that the description of the application should include the words “and parking” and he then outlined the objections received from the Parish Council and members of the public. The Highway Manager also referred to a number of concerns over lack of turning and parking area and the lack of adequate sightlines for a development of this size. On this basis, the Officer's recommendation was changed to one of refusal.

Mrs H Figgis, as representative of Hernhill Parish Council, and an objector, Mr Chapman, spoke against the proposal. Cllr Bowles was invited to speak on this item and he, together with other Members, expressed concern that the number of units within this proposal had increased considerably from that originally envisaged.

RESOLVED That officers be delegated authority to refuse application SW/04/1248 subject to further representations being received by 10th November 2004 the closing date for public consultation, on the grounds of inadequate parking and turning areas and inadequate sightlines.

SW/04/0748 (2.6) DWL Home Improvements, c/o Kent Design Partnership B1/B8 Industrial Development of 13 units in 3 blocks together with all associated car parking, servicing and infrastructure. Business Park, Main Road/ Road, Queenborough.

The Area Planning Officer reported that the Highway Manager required conditions concerning sight lines and keeping turning/parking areas free of all obstructions. Also both the KCC and the Highway Manager considered that due to increase in traffic resulting from this development a contribution from the developer was required towards the Rushenden Link Road. However, he had received a fax from agents who disagreed with the need for a contribution as no formula has been decided and traffic assessment suggested limited traffic increase from the development. Also the Head of Environmental Services recommended a condition dealing with remediation of any contamination in accordance with a submitted report and the Environment Agency required a condition seeking ecological assessment to see if the site supported any protected species due to its proximity to protected Medway Estuary and marshes.

RESOLVED That the Head of Development Services be delegated authority to approve application SW/04/0748 subject to conditions (1) to (12) in the report, to the signing of an appropriate Section 106 Agreement to provide a contribution towards the building of the Rushenden link road and resolution of the wording of the conditions proposed by the Highway Manager and Head of Environmental Services concerning sightlines and remediation of contamination respectively and an ecological assessment as required by the Environment Agency.

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Planning Committee 4th November 2004

SW/04/1044 (2.7) Greens, c/o Futurama Ltd

7 sets of internally illuminated letters, 3 internally illuminated griffin logos, 1 internally illuminated fascia sign, 2 internally illuminated totem signs, 2 non-illuminated directional signs, 1 x internally illuminated ‘Welcome Sign’, Greens, London Road, Upchuch.

The Area Planning Officer reported that amended plans had been received, which deleted sign ‘L’ and reduced the size of sign ‘K’ and changed it to a non-illuminated sign.

RESOLVED That application SW/04/1044 be approved as per the amended plan and to the standard advertisement conditions.

SW/04/0587 (2.8) Minster Working Men’s Club, c/o Stephen Coulson Single storey infill with flat roof for snooker and games room. Minster Working Men’s Club, Liberty Hall, Union Road, Minster, , Kent.

The Area Planning Officer reported that comments were awaited from Minster Parish Council who were meeting that evening.

RESOLVED That the Head of Development Services be delegated authority to approve application SW/04/0587 subject to conditions (1) to (5) in the report and the views of Minster Parish Council.

SW/04/0631 (2.9) Island Bait and Tackle

Conversion of house to shopstore with flat over (retrospective) and construction of two parking spaces to rear. 66 Halfway Road, Halfway, Sheerness, Kent.

RESOLVED That application SW/04/0631 be approved subject to conditions (1) to (4) in the report.

SW/04/1145 (2.10) Mr Wellard, c/o The Garden House Ltd Erection of a timber summer house in rear garden. 3 Poplar Hall Cottages, Head Hill Road, Goodnestone, , Kent, ME13 9BU.

RESOLVED That application SW/04/1145 be approved subject to conditions (1) and (2) in the report.

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Planning Committee 4th November 2004

SW/04/1229 (2.11) E J Mackelden & Sons (Bobbing) Ltd, c/o Kent Design Partnership

Agricultural building, Coldharbour Lane, Rook Lane, Bobbing, Sittingbourne, Kent.

RESOLVED That application SW/04/1229 be approved for a temporary period of 3 years to allow monitoring of the operation and subject to conditions (1) to (3) in the report.

SW/04/1178 (2.12) A Hinge & Sons Ltd, c/o Artlab Architects

Redevelopment of Home Farm/Homestead to create six private dwellings including parking and access. Home Farm/Homestead, The Street, Borden, Nr Sittingbourne, Kent.

The Development Control Manager reported that he had received amended plans, which included a one-way access and egress system for vehicles, and which now met the requirements of the Highway Manager as to both access and parking conditions.

An objector, Mr P Gregory, spoke against the proposal.

RESOLVED That application SW/04/1178 be approved subject to conditions (1) to (12) in the report and to a further condition concerning the one-way access to and egress from the site by vehicles.

SW/04/1179 (2.13) A Hinge & Sons Ltd, c/o Artlab Architects Conservation Area Consent for redevelopment of Home Farm/Homestead to create six private dwellings including parking and access. Home Farm/Homestead, The Street, Borden, Nr Sittingbourne, Kent.

RESOLVED That application SW/04/1179 be approved subject to condition (1) in the report.

SW/04/1193 (2.14) Mr & Mrs K Lawrence, c/o Faversham Design Associates Rear conservatory. 2 Morgan Kirby Gardens, Nursery Lane, Leas, Nr Faversham, Kent, ME13 0LG.

RESOLVED That application SW/04/1193 be deferred to allow the Planning Working Group to meet on site.

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Planning Committee 4th November 2004

SW/04/1056 (2.15) Mr Belsham

Change of use to grazing and keeping of horses and erection of 3 loose boxes, hay store and ménage for private use. Rear of 76-93 Chaffes Lane, Upchurch, Sittingbourne, Kent.

RESOLVED That application SW/04/1056 be approved subject to conditions (1) to (12) in the report.

SW/04/1224 (2.16) Simon Robert Jupe

Change of use from agricultural land and barn to equestrian for the purpose of keeping Welsh mountain ponies and cobs. Land at Stumpers Lane, Perry Wood, Faversham, Sheldwich, Nr Faversham, Kent.

RESOLVED That application SW/04/1224 be approved subject to conditions (1) to (7) in the report.

SW/04/1051 (2.17) BP Oil Uk Ltd, c/o Brian Barber Associates New petrol filling station – amendments to approved scheme (SW/98/016) – Connect, St Paul’s Street and Kings Street, Sittingbourne, Kent.

RESOLVED That application SW/04/1051 be approved subject to conditions (1) to (21) in the report.

SW/04/1059 (2.18) Bovis Homes Ltd

Application for non-compliance with condition No. 4 of SW/95/102 to allow an additional 150 dwellings to be constructed prior to the opening of the Improvements. Land at Thistle Hill, Minster, , Kent.

The Area Planning Officer reported on the history of this site, in particular a recent appeal decision for a similar proposal, and other sites on the Isle of Sheppey pending the building of the second swale crossing and the changed circumstances leading to the recommendation to approve this application. Officers stressed that the Highways Agency and the Highway Authority did not object to the application. Members discussed the application at length, together with the current traffic difficulties experienced in getting on and off the Island, particularly at peak periods.

The applicants' agent, Mr G Humphrey, spoke in support of the application.

RESOLVED That officers be delegated to refuse application SW/04/1059 on highway grounds.

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Planning Committee 4th November 2004

SW/04/1060 (2.19) Bovis Homes Ltd

Application to modify Section 106 Agreement dated 12th September 1997 to allow an additional 150 dwellings (above the current 340 dwelling limit) to be erected. Thistle Hill, Minster, Isle of Sheppey, Kent.

RESOLVED That officers be delegated to refuse application SW/04/1060 on highway grounds.

SW/04/0526 (2.20) Sittingbourne Community College, c/o Walter Menteth Architect Outline application for school buildings, healthy living centre, nursery unit, sports facilities, sound and vision suite, business incubator units with associated infrastructure improvements and landscaping. Sittingbourne Community College, Swanstree Avenue, Sittingbourne, Kent.

RESOLVED That application SW/04/0526 be deferred to allow the Planning Working Group to meet on site.

NOTES2.928 - 254 -

Planning Committee 4th November 2004

PART 3 – APPLICATION FOR WHICH REFUSAL WAS RECOMMENDED

SW/04/1194 (3.1) Mrs J E McCormick

Variation of condition (vii) of SW/95/113 for sub- division of the first floor of the annexe to bedroom and shower room for use as ancillary living accommodation. 2 Oldestede, Chestnut Street, Borden, Nr Sittingbourne, Kent.

The applicant, Mrs J McCormick, spoke in support of the application and an objector, Mr D Roberts, spoke against the proposal.

RESOLVED That application SW/04/1194 be refused.

SW/04/0982 (3.2) Mr & Mrs P Woods

Variation of condition (i) of SW/84/353 to allow all year round occupancy as warden chalet. Rose Cottage, 2 Silver Birches, Minster Park, Minster, Sheerness, Kent.

The applicant, Mrs Woods, and Mr Whitney, Secretary of the company owning this site spoke in support of the application.

RESOLVED That the Head of Development Services be delegated authority to approve application SW/04/0982 subject to the views of Minster Parish Council, to permit this property to be occupied for an additional 2 months each year solely for security and warden purposes on the site, for a trial period of 2 years, and on the firm understanding, that this permission would not serve as creating a precedent for other chalets on the site.

SW/04/0942 (3.3) Mr & Mrs D Hooper

Listed Building Consent for application to vary condition (4) of application SW/00/882 to permit the existing staircase window to remain in its original position and to form a lead flat and box gutter in front thereof. The Old Farmhouse, Lower Road, Hartlip, Nr Sittingbourne, Kent, ME9 7SU.

The applicants agent, Mr P Waller, spoke in support of the application.

RESOLVED That application SW/04/0942 be refused.

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Planning Committee 4th November 2004

SW/04/0804 (3.4) Mr E Batten, c/o Prime Folio Ltd

Erection of 13 houses. Parsonage Farm, Parsonage Chase, Minster, Sheerness, Kent.

The Planning Officer clarified that the words “and access road” should be included in reason (1) of the refusal.

The applicants agent, Mr G Bunce, spoke in support of the proposal and an objector, Mr C Woolfe, spoken against the proposal.

RESOLVED That application SW/04/0804 be refused.

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Planning Committee 4th November 2004

PART 4 – SWALE BOROUGH COUNCIL’S OWN DEVELOPMENT; OBSERVATIONS ON COUNTY COUNCIL’S DEVELOPMENT; OBSERVATIONS OF DEVELOPMENT BY STATUTORY UNDERTAKERS AND BY GOVERNMENT DEPARTMENTS

SW/04/1146 (4.1) Education & Libraries, c/o Strategic Planning Erection of one 2-bay mobile classroom and one portaloo male/female toilet. School, Rodmersham Green, Sittingbourne, Kent.

RESOLVED That objection be raised to application SW/04/1146.

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Planning Committee 4th November 2004

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

SW/03/1325 (5.1)

Creation of 24 new dwellings at Woodgate Oast, , Borden, Nr Sittingbourne, Kent.

Appeal dismissed.

SW/03/1326 (5.2)

Creation of 78 new dwellings at Woodgate Oast, Oad Street, Borden, Nr Sittingbourne, Kent.

Appeal dismissed.

SW/03/0989 (5.3)

Variation of conditions of planning permission SW/94/588 to allow occupancy of chalets for 10 months between 1st March to 1st January at Chalet Park, Fourth Avenue, .

Appeal dismissed.

Case 5962 (5.4)

18 The Courtyard, Seed Road, Newnham.

Appeals allowed.

The Assistant Solicitor reported that, following the previous meeting when Members had expressed disappointment with the Inspectors decision, a second opinion had been obtained from a different barrister. The barrister indicated that there were grounds for appeal and, following this, an application had been sought for judicial review. The initial hearing was anticipated to take place before Christmas and, if successful, the substantive hearing would be held in the New Year.

RESOLVED That the report be noted.

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