Visitors and members of the public who are unfamiliar with the building and procedures are advised that:

(a)      The fire alarm is a continuous loud ringing. In the event that a fire drill is planned during the meeting, the Chair will advise of this.

(b)      Exit routes from the chamber are located on each side of the room, one directly to a fire escape, the other to the stairs opposite the lifts.

(c)      In the event of the alarm sounding, leave the building via the nearest safe exit and gather at the assembly point on the far side of the car park. Do not leave the assembly point or re-enter the building until advised to do so. Do not use the lifts.

(d)      Anyone unable to use the stairs should make themselves known during this agenda item.

The Chair outlined the emergency evacuation procedure.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves, their families or friends.

The Chair will ask Members if they have any disclosable pecuniary interests (DPIs) or disclosable non-pecuniary interests (DNPIs) to declare in respect of items on the agenda. Members with a DPI in an item must leave the room for that item and may not participate in the debate or vote. 

Aside from disclosable interests, where a fair-minded and informed observer would think there was a real possibility that a Member might be biased or predetermined on an item, the Member should declare this and leave the room while that item is considered.

Members who are in any doubt about interests, bias or predetermination should contact the monitoring officer for advice prior to the meeting.

Councillor Tony Winckless declared a Disclosable Non-Pecuniary Interest in respect of the Part 6 item (this was considered at the reconvened meeting on 1 June 2023).

Councillor Richard Palmer declared a Disclosable Non-Pecuniary Interest in respect of Item 3.1 21/504388/FULL Woodland Farm, High Oak Hill, Iwade Road, Newington (this item was considered at the re-convened meeting on 1 June 2023) as he had voiced his opinion on the application already but said that he still had an open mind.  He explained that he would speak as Ward Member and then leave the meeting whilst the item was considered. 

Councillor Andy Booth advised that he had attended the 4 April 2023 site meeting as a member of the public, for the Deferred Item, and although not an interest to declare, he wished to be transparent.

The Chair declared an interest during consideration of item 2.1 22/505735/REM, Land at Manor Farm, Chestnut Street, Borden, as he was a member of Borden Parish Council, but had not taken part in discussions on this application.

To approve the Minutes of the Meeting held on 13 April 2023 (Minute Nos. 817 – 823) as a correct record, subject to an amendment to Minute No. 822, item 2.3, to read:

The committee also resolved unanimously that the twin application 23/500857/HYBRID be delegated to officers for approval on similar terms to item 2.3.

The Minutes of the Meeting held on 13 April 2023 (Minute Nos. 817 – 823) were taken as read, approved and signed by the Chair as a correct record, subject to an amendment to Minute No. 822, item 2.3, to read:

The committee also resolved unanimously that the twin application 23/500857/HYBRID be delegated to officers for approval on similar terms to item 2.3.

To consider the following application:

21/505041/OUT Land North of Lower Road, Eastchurch, Kent

Members of the public are advised to confirm with Planning Services prior to the meeting that the application will be considered at this meeting.

Requests to speak on this item must be registered with Democratic Services (democraticservices@swale.gov.uk or call us on 01795 417328) by noon on Wednesday 24 May 2023.

Tabled paper added 25 May 2023.

Reports shown in previous Minutes as being deferred from that Meeting

The Planning Consultant introduced the application as set out in the report.  She drew attention to the tabled update which included an amendment to condition (16).  The Planning Consultant gave a comprehensive overview of the application, bearing in mind that there were newly elected Members on the Committee.  She summarised and referred to the tilted balance and stated that as the Council did not have a 5-year housing supply, officers recommended the application be granted, unless there were material planning considerations not to, and she said officers considered the benefits of the scheme outweighed any harm.

A visiting Ward Member spoke against the application.

Two visiting Members spoke against the application.

The Chair moved the officer recommendation to approve the application, to include the amendment to condition (16) and the Section 106 Agreement as set out on the tabled paper, and this was seconded by Councillor James Hunt.

In response to a question, the Senior Lawyer explained the process of how Section 106 monies were determined, based on details of where growth was likely to occur and where additional health and education etc. facilities were required.  This process would have taken place with this application and the monies for education had been directed to secondary schools in Sittingbourne, the nearest secondary schools to the application site, rather than the Isle of Sheppey. She added that the Academy on the Isle of Sheppey was not under the jurisdiction of Kent County Council (KCC) and was funded elsewhere, and as such the funds from the Section 106 Agreement would not be directed there.

The Chair invited Members to make comments, and these included the following points:

·         Welcomed the inclusion of 15% affordable housing on the development;

·         concerned with the effect of the development on groundwater;

·         the development would add to congestion on Lower Road;

·         the roads were not suitable for further development;

·         the site was unsustainable, with a lack of health and education provision, and this outweighed the tilted balance;

·         the infrastructure was not sufficient now, prior to any more development;

·         acknowledged that local knowledge of the area was up against the views of the statutory consultees although there were mitigation measures through the Section 106 Agreement;

·         this would be difficult to defend on appeal if the statutory consultees had no objection to the application;

·         the development would increase delays on the Lower Road;

·         the application could not be refused unless there were very clear planning reasons to do so;

·         acknowledged the lack of infrastructure in  ...  view the full minutes text for item 48.

To consider the attached report (Parts 2, 3 and 5).

The Council operates a scheme of public speaking at meetings of the Planning Committee.  All applications on which the public has registered to speak will be taken first.  Requests to speak at the meeting must be registered with Democratic Services (democraticservices@swale.gov.uk or call 01795 417328) by noon on Wednesday 24 May 2023.

Tabled Update added 25.05.2023

PART 2

Applications for which PERMISSION is recommended

The Planning Consultant introduced the application as set out in the report. 

The registered speaker withdrew from speaking.

The Chair moved the officer recommendation to approve the application, and this was seconded by Councillor Mike Henderson.

The Chair invited Members to make comments, and these included the following points:

·         Concerned that badger activity had been recorded adjacent to the application site, but that the developer had not allowed a survey to be carried out on the actual application site;

·         it was important to ensure that the landscaping scheme included native species, with berry-bearing plants;

·         concerned with the traffic speed in the vicinity and the need for visibility splays, and the green verges should be kept low for sightlines;

·         right turns from the development would be dangerous;

·         the housing would dominate existing dwellings;

·         concerned that there might be badgers on the application site and that badger setts could become isolated on the site;

·         overall this was a well-designed development;

·         considered it would be difficult to enforce condition (5) in the report;

·         concerned with the loss of badger foraging ground and the conflict between badgers and the development; and

·         the developers should allow access to the site to enable a full badger survey to be carried out.

In response, the Planning Consultant explained the following:  KCC Ecology had reviewed all of the report [the applicant’s, the report commissioned by Borden Parish Council and the one submitted in relation to Wises Lane] and KCC Ecology had acknowledged badger activity, particularly in the vicinity of the eastern boundary of the site; condition (8) in the report included reference to native species for the landscaping scheme; access had been approved already, with visibility splays and disabled access; there were bungalows on the site to mitigate any over-looking issues and some were set back from the boundary; there were no restrictions in turning right exiting the site; restrictions in respect of permitted developments rights (condition (15)) were in place, however, planning permission could be sought if someone wished to convert a bungalow to a house; conditions were included to minimise conflict between badgers and the development, and officers considered that mitigation measures put in place were sufficient.

The Area Planning Officer explained that the exact locality of the badger sett could not be revealed.  He said there was a strip of landscaping on the site which provided access for the badgers.  He reminded Members that outline planning permission had already been granted, and so the principle of the development had been  ...  view the full minutes text for item 49.

To decide whether to pass the resolution set out below in respect of the following items:

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 involve the likely disclosure of exempt information as defined in Paragraphs 5 and 7.

5.    Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

7.      Information relation to any action in connection with the prevention, investigation or prosecution of crime.

This item was considered at the reconvened meeting on 1 June 2023.

To consider the attached report (Part 6).

This item was considered at the reconvened meeting on 1 June 2023.

At 9.50 pm, Members did not agree to the suspension of Standing Orders and so the meeting was reconvened in order that the Committee could complete its business.

Post Meeting Note: the meeting was reconvened at 10 am on 1 June 2023.