PLANNING COMMITTEE MINUTES of the Meeting held in the Council Chamber, Swale House, East Street, Sittingbourne 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, Eastchurch), 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, Sheerness), 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, Faversham), 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. - 139 - Planning Committee 9th September 2004 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. - 140 - Planning Committee 9th September 2004 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 - 141 - Planning Committee 9th September 2004 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 Ospringe 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. NOTES1.520 - 142 - 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.