Planning Committee 21 November 2013

SCHEDULE OF DECISIONS

Part 2 - Applications for which PERMISSION is recommended

2.1 SW/13/1217 (Case 25084) F a v e r s h a m

Location : 12 Fielding Street, , , ME13 7JZ.

Proposal : Replacement of existing ground floor bay window and two first floor windows to front with UPVC sliding sash windows.

Applicant/Agent : Miss Anna Jameson, 12 Fielding Street, Faversham, Kent, ME13 7JZ.

Miss Jameson, the Applicant, spoke in favour of the proposal.

Resolved: That application SW/13/1217 be approved subject to conditions (1) and (2) in the report.

2.2 SW/13/1102 (Case 13504) M i n s t e r

Location : Redcot Caravan Park, Bell Farm Lane, Minster, , Kent, ME12 4JB.

Proposal : Variation of condition 2 of planning permission NK/8/56/60 to allow 10 month occupancy, 1st March to 31st December.

Applicant/Agent : Mr Kevin Cumberland, Redcot Caravan Park, Bell Farm Lane, Minster, Isle of Sheppey, Kent, ME12 4JB.

Members discussed the application and raised the following points: it was not suitable to increase the occupancy period; it would lead to more work for the Enforcement Team; how could the Council enforce the requirement for the caravans only to be used for holiday and recreational use; and a number of other caravan parks have sought the same permission and it has been granted.

Resolved: That application SW/13/1102 be approved subject to conditions (1) to (4) in the report.

2.3 SW/13/1083 (Case 23944) O s p r i n g e

Location : 1 Parsonage Oast, Painters Forstal Road, , Faversham, Kent, ME13 0EN.

Proposal : Retrospective application for a replacement fence.

Applicant/Agent : Mr Robert Brown, 1 Parsonage Oast, Painters Forstal Road, Ospringe, Faversham, Kent, ME13 0EN.

Mr Brown, the Applicant, spoke in favour of the proposal.

- 324 -

Planning Committee 21 November 2013

Resolved: That application SW/13/1083 be approved.

2.4 SW/13/1084 (Case 23944) O s p r i n g e

Location : 1 Parsonage Oast, Painters Forstal Road, Ospringe, Faversham, Kent, ME13 0EN.

Proposal : Retrospective application for erection of a timber clad shed.

Applicant/Agent : Mr Robert Brown, 1 Parsonage Oast, Painters Forstal Road, Ospringe, Faversham, Kent, ME13 0EN.

This application was considered in conjunction with application SW/13/1083 above.

Resolved: That application SW/13/1084 be approved.

2.5 SW/13/1098 (Case 21382) U p c h u r c h

Location : Hursell Farm, Chaffes Lane, , , Kent, ME9 7BG.

Proposal : Change of use of land to gypsy site and for siting for two static caravans and extension of one static caravan, and stationing of one touring caravan and use of barn as general amenities and extension of barn, and erection of stable building for the keeping of horses, and use of part of site for keeping horses. (Part Retrospective).

Applicant/Agent : Mrs Lynda Bearup, Hursell Farm, Chaffes Lane, Upchurch, Sittingbourne, Kent, ME9 7BG.

The Area Planning Officer requested if the application was approved delegation be given to amalgamate conditions (5) and (8) in the report as they both related to the use of the stables. He summarised the additional information received regarding the gypsy status of the applicant’s son, and advised that the Legal Department had recommended that Members accept the information as confirmation of the son’s gypsy status.

The Area Planning Officer reported that an e-mail and two further letters had been received from a Planning Agent which he addressed. He advised that the issues regarding the public footpath, impact on local residents, and the access road had all been addressed in the report and he confirmed that the proposal was not for a permanent dwelling house. With regard to the Agent’s request for a personal permission to be granted, the Area Planning Officer advised that these were only granted in exceptional circumstances and he did not consider that it was justifiable for this application.

Mrs Bearup, the Applicant, spoke in favour of the proposal.

The Ward Member spoke against the proposal. He advised that he had first drawn officers’ attention to the site in 2009. Since then various applications had been submitted, which had not been approved, and two enforcement notices had been issued, which had not been - 325 -

Planning Committee 21 November 2013 complied with. He raised concern about the visual intrusion on the open countryside, and the impact on the village and local residents, particularly as this was one of a number of gypsy sites located in this area.

Discussion ensued and Members made the following comments: unacceptable that it was a part retrospective application; why has the latest enforcement notice not been enforced?; how many objections had been received for the previous applications on the site?; how could officers monitor the difference between a pet pony and one used for business?; need to ensure that the site was rigorously monitored; and need to take immediate enforcement action if the conditions are not met by the applicant.

The Area Planning Officer explained that enforcement action was suspended whilst planning applications were being considered; that earlier applications had received five letters of objection and a number of anonymous letters; and the issue regarding ponies would be addressed by the amalgamation of conditions (5) and (8).

Resolved: That application SW/13/1098 be delegated to officers to approve subject to conditions (1) to (9) in the report, the amalgamation of conditions (5) and (8) and rigorous monitoring of the site by officers.

2.6 SW/13/1115 (Case 02540) F a v e r s h a m

Location : 94 West Street, Faversham, Kent, ME13 7JQ.

Proposal : Single storey rear day room extension and new ground floor WC/Cloakroom (at far end of existing Entrance Hall); removal of non-original modern studwork wall between bedrooms 1 and 2; form new double casement dormer window in rear attic bedroom roof slope (existing rafters retained); replace non-original modern double glazed windows in rear elevation (3 windows); install 2 conservation rooflights into catslide roof; remove central brick pier in 1970s rear kitchen extension and insert oak beam.

Applicant/Agent : Mr Chris Marshall, C/O Mr Nick Hobbs, Nicholas Hobbs Associates, 57 Royal William House, St Marys Road, Faversham, Kent, ME13 8EG.

Miss Campion, an objector, spoke against the proposal.

Councillor Bryan Mulhern moved a motion for a site visit. This was seconded by Councillor Andy Booth. Upon being put to the vote the motion was agreed.

Resolved: That application SW/13/1115 be deferred to allow the Planning Working Group to meet on site.

2.7 SW/13/1116 (Case 02540) F a v e r s h a m

Location : 94 West Street, Faversham, Kent, ME13 7JQ.

- 326 -

Planning Committee 21 November 2013

Proposal : Listed building consent for single storey rear day room extension and new ground floorWC/Cloakroom (at far end of existing Entrance Hall); removal of non-original modern studwork wall between bedrooms 1 and 2; form new double casement dormer window in rear attic bedroom roof slope (existing rafters retained); replace non-original modern double glazed windows in rear elevation (3 windows); install 2 conservation rooflights into catslide roof; remove central brick pier in 1970s rear kitchen extension and insert oak beam.

Applicant/Agent : Mr Chris Marshall, C/O Mr Nick Hobbs, Nicholas Hobbs Associates, 57 Royal William House, St Marys Road, Faversham, Kent, ME13 8EG.

This application was considered in conjunction with application SW/13/1115 above.

Resolved: That application SW/13/1116 be deferred to allow the Planning Working Group to meet on site.

2.8 SW/13/1273 (Case 00822) D u n k i r k

Location : MOD Dunkirk, Courtenay Road, Dunkirk, Nr. Faversham, Kent, ME13 9LH.

Proposal : The installation of two 1.8m microwave dishes at a height of 58m on the existing 110m tower, associated cabling and the installation of a small equipment cabin at ground level.

Applicant/Agent : Optiver Holding, BV C/O Mr Leo Cunningham-Baily, Fisher German LLP, St Helens Court, North Street, Ashby de la Zouch, Leicestershire, LE65 1HS.

The Area Planning Officer confirmed that no letters of representation had been received.

Resolved: That application SW/13/1273 be approved subject to conditions (1) to (3) in the report.

2.9 SW/13/1274 (Case 00822) D u n k i r k

Location : MOD Dunkirk, Courtenay Road, Dunkirk, Nr. Faversham, Kent, ME13 9LH.

Proposal : Listed building consent for the installation of two 1.8m microwave dishes at a height of 58m on the existing 110m tower, associated cabling and the installation of a small equipment cabin at ground level.

Applicant/Agent : Optiver Holding, BV C/O Mr Leo Cunningham-Baily, Fisher German LLP, St Helens Court, North Street, Ashby de la Zouch, Leicestershire, LE65 1HS.

- 327 -

Planning Committee 21 November 2013

This application was considered in conjunction with application SW/13/1273 above.

Resolved: That application SW/13/1274 be approved subject to conditions (1) to (2) in the report.

2.10 SW/13/1138 (Case 23045) F a v e r s h a m

Location : Former Faversham Foundry, Seager Road, Faversham, Kent, ME13 7FD.

Proposal : Provision of 13 residential dwellings extending to 2 and 2.5 storeys, together with associated car parking, landscaping and infrastructure works.

Applicant/Agent : Mr Mark Quinn, C/O Mr Karl Elliot Clague LLP, 62 Burgate, Canterbury, Kent, CT1 2BH.

The Major Projects Officer reported that the Lower Medway Internal Drainage Board had no objection to the proposal, and were happy with the proposed use of soak-aways. Amended plans had been received showing the amended boundary treatment where the site adjoins the Public Right of Way, the addition of windows to four elevations, on Plots 1, 2, 8, and 13; the re-positioning of Plots 4 to 7 by 500mm towards the western boundary; and amendments to the car parking provision, notably the provision of three additional spaces, for visitor parking.

The Major Projects Officer advised that, whilst the Public Rights of Way Officer at KCC remained concerned about the proposal, he considered that it provided a reasonable balance between the character of the path and the security of the dwellings that would address it. He further reported that the Head of Service Delivery raised no objection and the County Archaeologist had advised that no archaeological measures were required.

The Major Projects Officer confirmed that with regard to ‘abnormal’ costs as referred to in the viability appraisal, and as mentioned on Page 159 of the report, the amounts suggested on behalf of the applicant were considered by the Council's consultants to be reasonable.

KCC Highways confirmed that they raised no objection subject to the imposition of suitable conditions, as covered in the report, and one additional condition relating to the agreement of details of the construction of the roads and pavements.

The Major Projects Officer reported that the Economic Development Officer had considered the proposed arrangements set out in the S106 agreement to be reasonable. With regard to job creation, the applicant had advised that the units built to-date provided 90 jobs and that it was expected that the five further units would create a further 32 jobs.

The Major Projects Officer advised that Conditions (13) and (16) were not required as they duplicate conditions (19) and (23); and an additional condition was required to remove ‘permitted development’ rights for further first-floor windows on the elevations to Plots 1, 12 and 13 that face the housing development to the south-east.

Mr Quinn, the Applicant, spoke in favour of the proposal.

- 328 -

Planning Committee 21 November 2013

The Ward Member spoke in support of the proposal advising that it was a good development, which struck the right balance.

Councillor Andy Booth proposed an amendment to the landscaping condition (number 8) to require that any tree-planting on the development was of a fruit-bearing nature to support and encourage wildlife. This was seconded by Councillor Bryan Mulhern. Upon being put to the vote this was agreed.

Resolved: That application SW/13/1138 be delegated to officers to approve subject to conditions (1) to (30) in the report, the additional condition required by KCC Highways, the signing of a suitably worded S106 agreement in respect of developer contributions, the deletion of conditions (16) and (13), an additional condition to remove ‘permitted development’ rights for further first-floor windows on the elevations to Plots 1, 12 and 13 that face the housing development to the south-east, the amendment to the landscaping condition to require that any tree-planting on the development is of a fruit-bearing nature to support and encourage wildlife.

2.11 SW/13/1340 (Case 00822) D unkirk

Location : MOD Dunkirk, Courtenay Road, Dunkirk, Nr. Faversham, Kent, ME13 9LH.

Proposal : The installation of 1 x 2.4m and 1 x 1.2m dishes on the existing communication mast at Dunkirk. Together with a small equipment cabinet and ancillary equipment. This application is to replace the 2 x 1.8m dishes that obtained planning and listed building consent on the 27th September 2013 - SW/13/0880 and SW/13/0885.

Applicant/Agent : Decyben SAS, C/O Ms Louise Hvaal Savills, Wessex House, Priors Walk, East Borough, Wimborne, Dorset, BH21 1PB.

Resolved: That application SW/13/1340 be delegated to officers to approve subject to conditions (1) to (3) in the report and to no fresh issues being raised before 25 November 2013.

2.12 SW/13/1341 (Case 00822) D u n k i r k

Location : MOD Dunkirk, Courtenay Road, Dunkirk, Nr. Faversham, Kent, ME13 9LH.

Proposal : Listed building consent for the installation of 1 x 2.4m and 1 x 1.2m dishes on the existing communication mast at Dunkirk. Together with a small equipment cabinet and ancillary equipment. This application is to replace the 2 x 1.8m dishes that obtained planning and listed building consent on the 27th September 2013 - SW/13/0880 and SW/13/0885.

Applicant/Agent : Decyben SAS, C/O Ms Louise Hvaal Savills, Wessex House, Priors Walk, East Borough, Wimborne, Dorset, BH21 1PB.

This application was considered in conjunction with application SW/13/1340 above. - 329 -

Planning Committee 21 November 2013

Resolved: That application SW/13/1341 be approved subject to conditions (1) to (2) in the report and to no fresh issues being raised before 25 November 2013.

PART 5 - Decisions by County Council and Secretary of State, report for information

5.1 SW/12/1565 – New two bedroom dwelling, demolition of 50% of garage and conversion of remainder to garden store: 5 Sheerstone, , Sittingbourne, Kent, ME9 8RN

APPEAL ALLOWED.

- 330 -