SWALE BOROUGH COUNCIL PLANNING SERVICES Planning Items to be submitted to the Planning Committee 17 JULY 2008 Standard Index to Contents 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 – 17 JULY 2008 • Minutes of last Planning Committee Meeting • Minutes of any Working Party Meetings 1.1 Planning Enforcement Report Pgs 1 1.2 Monitoring of Section 106 Agreements Pgs 2 - 12 2.1 DODDINGTON SW/08/0291 Swale View, Lady Margaret Pgs 1 – 6 Manor Road 2.2 BORDEN SW/08/0464 Hooks Hole Farm, Chestnut Pgs 7 – 12 Street 2.3 HERNHILL SW/08/0358 Duke of Kent Public House, Pgs 13 – 34 Thanet Way 2.4 FAVERSHAM SW/08/0507 22 Union Street Pgs 35 – 37 2.5 LYNSTED SW/08/0457 17 St Pauls Court Pgs 38 – 40 2.6 HERNHILL SW/08/0450 Chudley House, Plum Pudding Pgs 41 – 44 Lane, Dargate 2.7 DUNKIRK SW/08/0463 Land at Dunkirk Filling Station, Pgs 45 – 55 London Road 2.8 FAVERSHAM SW/07/1473 Faversham Foundry, Seager Road Pgs 56 – 84 2.9 & 2.10 FAVERSHAM SW/08/0583 & Davington Priory, Priory Road Pgs 85 – 92 SW/08/0584 2.11 WARDEN SW/08/0044 Thorn Hill Lodge, Thorn Hill Road Pgs 93 – 106 2.12 UPCHURCH SW/08/0422 Land of Small Profits Orchard, Pgs 107 – 112 Crozier Court 3.1 FAVERSHAM SW/08/0427 8 Preston Grove Pgs 1 – 4 4.1 QUEENBOROUGH SW/07/1184 Land to the corner of Rushenden Pgs 1 – 14 Road and First Avenue 4.2 LEYSDOWN SW/07/1271 Corner of Leysdown Road/ Pgs 15 – 27 Warden Bay Road 5.1 BORDEN ENF/07/023 Woodgate Oast, Woodgate Pgs 1 – 5 (C11412) Lane 5.2 SITTINGBOURNE ENF/07/022 34 Burley Road Pgs 6 – 9 (C22769) 5.3 SITTINGBOURNE SW/07/1272 43 Epps Road Pgs 10 – 12 (C14303) 5.4 STALISFIELD SW/07/1229 The Old Oast, Cherry Tree Pgs 13 – 15 (C14303) Farm, Stalisfield Rd 5.5 STALISFIELD SW/07/0898 Belvedere, Stalisfield Rd Pgs 16 – 18 (C08310) 5.6 LYNSTED ENF/07/028 Ashley, Cellar Hill, Pgs 19 – 27 (C08310) 5.7 BOUGHTON SW/07/0206 205 The Street Pgs 28 – 31 (C09230) 5.8 IWADE SW/07/1463 Land adjoining 50 Sheerstone Pgs 32 – 33 5.9 MINSTER ENF/07/039 Ripney Farm, Marian Avenue Pgs 34 – 37 5.10 RAINHAM C23022 8 Littlefield Road Pgs 38 – 39 PLANNING COMMITTEE – 17 JULY 2008 PART 1 Report of the Head of Development Services PART 1 Any other reports to be considered in the public session 1.1 Planning Enforcement Report The following details identify the enforcement cases dealt with and investigated during the period 1 January 2008 to 31 May 2008. Enforcement Complaints received- 216 Enforcement Notices Issued - 61 Stop Notices Served - 2 Temporary Stop Notices Served - 0 Planning Contravention Notices - 1 Breach of Condition Notices - 0 Section 215 Notices - 3 The number of complaints resolved without requiring formal enforcement action over this period amounted to 87% of the total received. Target enforcement response times are set at 90% for initial investigations (within 3 days of receipt of information for site inspection) and 5 days (for an initial response to the complainant). In respect of the initial response target 91.6% was achieved whereas 88.7% was achieved in respect of response to complainants. Included at Part 6 of the Agenda is an Enforcement Schedule detailing the current situation on those cases where Members have authorised the issue of enforcement proceedings. 1 FAVERSHAM S106s JUNE 2008 * the Monitoring Officer is not responsible regarding any follow up on works that should be undertaken by spending bodies outside of SBC * Obligation discharged in RED S106 DATE Transfer Of PLAY AREA/POS PUBLIC TRANSPORT EDUCATION HIGHWAYS Affordable Recyclin VILLAGE HALL OTHER Number of CONTRIBUTIONS POS Housing g OBLIGATIONS Dwellings Transfer POS Provide play area on or 9 AH units to Land at Preston 28.07.00 & Play area before occupation of final be built Not to Allotments after the 12 dwelling- commuted sum permit Canterbury Road month maintenance= occupation of maintenance £24,053.09 paid May 05 final dwelling period (receipt no:786786) until AH Land Crest Homes Provide POS on or has been before occupation of final transferred to dwelling- commuted sum RSL maintenance= £35,363.09 paid May 05 (receipt no 786787) Former Preston B4 1st Occ –Play area Chalkpit Canterbury maintenance sum Road 16.02.04 payable+ index = £37,074.47 On site play equipment Crest Homes = £23,907 Provide sports pitch drainage = £15,600 paid Feb 05- inv 7220024296 Off site play equipment = £28,000 paid Feb 05 inv 7220024296 Play Equipment Upon commencement of £14,000 Lower Road 23.07.02 On maintenance the development received occupation of £19090.50 on the £1,794.50 per dwelling contribution Westbury Homes 20th dwelling occupation of 20th dwelling for provision £53,835.00 of AH in Faversham area Land at Former On or before Occup of no Bus Improvements-to CC Library Contrib to 289 Eurocentre Site 01.02.07 more than 50% of the contributions on or before 43 units low KCC Dwellings Whitstable Road dwellings shall pay commencement of dev. rent 1st payment Faversham Open Space Provision = £5000 43 units SO = £25,215.25 1st payment = £85,000 paid to SBC May 07 not to occupy 2nd payment 25% occup Pitch Surfaces & (receipt no:365486) > 65% of = £25,215.25 is due Fairview Homes Changing Pavillion paid to KCC –25th June 07 private Youth & approx Improvements= £80,000 dwellings until Community Mar/April Tennis Club Changing AH units have Facilities to KCC 08 Facilities = £40,000 been !st payment On or before Occup of no completed & = £70,686 more than 75% of the transf to RSL 2nd payment dwellings shall pay = £70,686 Open Space Provision SURE START 2nd payment = £85,000 Initiatives-to pay (total= £290,000) £75,000 on or b4 Occp of no more than 25% of private dwell Affordable Vigo Farm, 06.03.08 Housing Lynstead Lane Not to use the AH other than English Rural HA for AH & priority need Affordable Former East Street 10.03.06 Housing Garage Whitstable Road Not to occupy nor permit the Churchill Retirement occupation of Living Ltd more that 17 units unless a sum £112,000 + index to provide affordable housing in Faversham within 5 years of date of payment £118,243.71 (received 2.6.08) SITTINGBOURNE S106s JUNE 2008 * the Monitoring Officer is not responsible regarding any follow up on works that should be undertaken by spending bodies outside of SBC * Obligation discharged in RED S106 DATE Transfer PLAY AREA/POS PUBLIC TRANSPORT EDUCATION HIGHWAYS Affordable Recycling VILLAGE HALL OTHER Number of CONTRIBUTIONS Of POS Housing OBLIGATIONS Dwellings Land at Kemsley 29.3.05 Before 51st On transfer of POS- Fields Occupancy Play equip & Sports £59,500 paid July 06 -NRR contrib- £4 East Hall Farm 16.7.04 Transfer 10% residential area laid Land at site offered to KCC million 20% of total Neighborhood Allotments- 112 pos each out as POS before 200 units -Accessibility Centre/ To replace 1 year Completed Trenport portion at 2 LEAPS @ 200 & 500th KCC have 6 months to Contribution = Community Hall – b4 work on Countryside completion unit accept £400,000 to provide services existing site 438 Properties of each 1 NEAP by 350 No dwells ocup until to the land b4 Wetland- remaining stage Sport Pitches £100000 to KCC 350 occup. To be managed to be built (550 Dwellings ) 350 & 550 units £200,000=b4 100 Medical Cntre- dwell To offer land for (Feb 08) £100000=by 200 sale to PCT b4 dwell – >350 dwel occ £105,371.67 (received Oct 06) Landscaping Fulston Manor 4.2.04 Before 75% Plant out & fence NEAP Provide bus (traffic) route £4987.28 per each 1st Not to occupy > 161 25% To provide Before the 230th (June 07) of the equipment b4 1st occup of through dev occupied dwelling dw of Total facilities b4 Occupation David Wilson dwellings 100th dwell b4 1st occup of 201st School site- reserve & set Or b4 end of planting the occup Advance No. of Homes/Barratt/Ward occupied in £160000 to SBC dwelling aside dev. area, submit season until all of 161st landscaping dwellings each phase b4 1st occup of 100th Provide bus stops in dev b4 plan b4 1st occup of 50th landscaping along dwelling Along east-side of increased (450 dwellings NEAP=b4 dwelling 1st occup of 75% dwell in dwelling Swanstree Ave by-pass, north to 561 outline pp) 100th dwell POS maintenance each phase KCC Received to date extension btw Bell from Staplehurst =£24886.92 (on transfer) £40000 to KCC b4 1st occ £2,743,004 Rd & Highstead Link 198 Community Orchard- of 50th dwell Road North side of completion Plant out & fence b4 1st £40000 per yr for 4 yr Not to occupy >200 Staplehurst Link occup of 100th dwelling dw until all from A249 – pedestrian/cycle roundabout facilities & traffic North side of calming btw Staplehurst Link Highstead Rd & from eastern point Swanstree Ave of local centre to No dwell occupied railway line until