SWALE BOROUGH COUNCIL PLANNING SERVICES Planning Items to be submitted to the Planning Committee 4 MARCH 2010 Standard Index to Contents DEFERRED ITEMS Items shown in previous Minutes as being deferred from that meeting may be considered at this meeting 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 – 4 MARCH 2010 • Minutes of last Planning Committee Meeting • Deferred Items • Minutes of any Working Party Meetings Deferred Items: Pg 1 - 23 BOBBING SW/09/0972 Land adj Upper Toes, Sheppey Way No Part 1’s Part 2’s: 2.1 SITTINGBOURNE SW/09/1219 83 & 93 Borden Lane Pg 1 – 9 2.2 SITTINGBOURNE SW/09/1282 2A Gore Court Road Pg 10 – 15 2.3 & 2.4 THROWLEY SW/09/1249 & Yew Tree House, Bethel Row Pg 16 – 24 SW/09/1250 2.5 OSPRINGE SW/10/0036 Brogdale Farm, Brogdale Road Pg 25 – 29 2.6 & 2.7 OSPRINGE SW/09/1089 & Brogdale Farm, Brogdale Road Pg 30 – 37 SW/10/0019 2.8 EASTLING SW/09/1306 6 Meesons Close Pg 38 – 42 2.9 FAVERSHAM SW/10/0079 23A Preston Street Pg 43 – 50 2.10 MINSTER SW/09/1329 Land r/o 18 Baldwin Road Pg 51 – 56 2.11 SHEERNESS SW/09/1268 Land rear of 35 Broadway Pg 57 – 66 Part 3’s: 3.1 EASTCHURCH SW/10/0030 52 Hazeldene Close, Pg 1 – 4 Fourth Avenue No Part 4’s Part 5’s: 5.1 QUEENBOROUGH SW/08/1345 Land at Nil Desperandum, Pg 1 – 4 Rushenden Hill 5.2 FAVERSHAM Case 23542 Site at 35 St Marys Road Pg 5 – 8 5.3 BAPCHILD Case 02150 Hempstead House, London Road Pg 9 – 10 5.4 FAVERSHAM Case 23750 Howdens Joinery Limited, Block G, Pg 11 – 12 Whitstable Road 5.5 LOWER HALSTOW Case 23301 Jack Russell Place Pg 13 – 14 5.6 SITTINGBOURNE Case 06048 Land at 1-14 Julia Spicer Homes, Pg 15 – 17 Bell Road 5.7 FAVERSHAM SW/08/1215 & Site at Church Road, Upper Brents Pg 18 – 20 SW/08/1216 5.8 BOUGHTON SW/08/0635 Thunder Hill Farm, Hickman Green Pg 21 – 24 PLANNING COMMITTEE – 4 MARCH 2010 DEFERRED ITEM Report of the Head of Development Services DEFERRED ITEMS Reports shown in previous Minutes as being deferred from that Meeting SW/09/0972 (Case 07305) BOBBING Location: Land adj Upper Toes, Sheppey Way, Bobbing, Sittingbourne, Kent, ME9 8QP Proposal: Change of use of land to use as a residential caravan site for one gypsy family with two caravans (including one static caravan), erection of amenity block and laying of hardstanding Applicant/Agent: Mr Robert Beck, c/o Mr Philip Brown, Philip Brown Associates Ltd, 74 Park Road, Rugby, Warwickshire, CV21 2QX Application Valid: 14 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. Grounds: In pursuance of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004. (2) No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the District Planning Authority. These details shall include existing trees, shrubs and other features, planting schedules of plants, noting species, plant sizes and numbers where appropriate, means of enclosure, hard surfacing materials, and an implementation programme. Grounds: In the interests of the visual amenities of the area and in pursuance of policies E1 of the Swale Borough Local Plan 2008. Continued . 1 DEFERRED ITEM (3) All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the District Planning Authority. Grounds: In the interests of the visual amenities of the area and in pursuance of policies E1 of the Swale Borough Local Plan 2008. (4) Upon completion of the approved landscaping scheme, any trees or shrubs that are removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as may be agreed in writing with the District Planning Authority, and within whatever planting season is agreed. Grounds: In the interests of the visual amenities of the area and in pursuance of policies E1 of the Swale Borough Local Plan 2008. (5) No more than one static caravan and one touring caravan shall be stationed on the site at any one time. Grounds: In the interests of the amenities of the local area, and in pursuance of policies E1, H4, E7 & E6 of the Swale Borough Local Plan 2008. (6) The caravans shall only be occupied by persons of Gypsy status (as defined in ODPM Circular 01/2006) and by no other person(s) whatsoever. Grounds: To ensure that the site occupants are gypsies, in pursuance of policies H4 of the Swale Borough Local Plan 2008. (7) The site shall only be used for residential purposes, and it shall not be used for any business, industrial or commercial use. In this regard no open storage of plant, products or waste may take place on the land, and no vehicle over 3.5 tonnes shall be stationed, parked or stored on the land. Grounds: In recognition of the terms of the application, and because an uncontrolled use of the land would be unacceptably detrimental to the character and amenities of the area, and in pursuance of policies E1, E7, H4 and T3 of the Swale Borough Local Plan 2008. Continued . 2 DEFERRED ITEM (8) No floodlighting, security lighting or other external lighting shall be installed or operated at the site, other than in accordance with details that have first been submitted to and agreed in writing by the District Planning Authority. Grounds: In the interests of preventing light pollution, in pursuance of policy E2 of the Swale Borough Local Plan 2008. (9) The area shown on the submitted plan as ‘proposed gravel hardstanding’ shall be kept available for use as a parking area at all times and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access thereto; such land and access thereto shall be provided prior to the residential use of the site hereby permitted. Grounds: Development without adequate provision for the parking or garaging of cars is likely to lead to car parking inconvenient to other road users and detrimental to amenity and in pursuance of policies E1 and T3 of the Swale Borough Local Plan 2008. (10) No development shall take place until full details of surface water drainage have been submitted to and approved in writing by the District Planning Authority. The approved details shall show, amongst other things, that any surface water draining to a watercourse shall be attenuated for the 1:100 year return storm. The approved details shall be implemented in full prior to the occupation of the site. Grounds: In order to prevent flooding of local watercourses, in compliance with Policy E4 of the Swale Borough Local Plan 2008. Reason for Approval Having taken all material considerations into account, it is considered that subject to compliance with the attached conditions, the proposal would be in accordance with the development plan and would not cause unacceptable harm to the amenities of the area or prejudice highway safety or convenience. In resolving to grant permission, particular regard has been had to the following policies: E1, E2, E3, E4, E6, E7, E14, E19, H4, T1 and T3 of the Swale Borough Local Plan 2008. Background to this Report Members will recall that I reported this application to the Committee’s rescheduled meeting on 11th January with a recommendation that it be approved. My report set out the reasoning behind the recommendation and considered, amongst other things, whether the proposals were acceptable as Continued . 3 DEFERRED ITEM a matter of principle, and whether harm would be caused to the Important Local Countryside Gap, to visual and residential amenity and to the setting of the adjacent listed building. A copy of that report is attached at Appendix A. Members will note from their Minute of the January meeting that the Area Planning Officer informed them of the receipt of three additional letters of objection from local residents, and that the Lower Medway Internal Drainage Board raised no objection subject to condition (10) above regarding surface water drainage.