Agenda and minutes

To approve the record of the meeting held on 12 March 2014.

The record of the meeting held on 12 March 2014 was agreed and signed by the Chairman as correct. 

An apology for absence was received from Councillor Colman.

The Chairman will announce any late items which do not appear on the main agenda but which she has agreed should be considered by reason of special circumstances to be specified in the report. 

There were none.

A member need only disclose at any meeting the existence of a disclosable pecuniary interest (DPI) in a matter to be considered at that meeting if that DPI has not been entered on the disclosable pecuniary interests register maintained by the Monitoring Officer.

A member disclosing a DPI at a meeting must thereafter notify the Monitoring Officer in writing of that interest within 28 days from the date of disclosure at the meeting.

A member may not participate in a discussion of or vote on any matter in which he or she has a DPI (both those already registered and those disclosed at the meeting) and must withdraw from the room during such discussion/vote.

Members may choose to voluntarily disclose a DPI at a meeting even if it is registered on the council’s register of disclosable pecuniary interests but there is no legal requirement to do so.

Members should also ensure they disclose any other interests which may give rise to a conflict under the council’s code of conduct.

In line with the training provided to members by the Monitoring Officer members will also need to consider bias and pre-determination in certain circumstances and whether they have a conflict of interest or should otherwise leave the room for Code reasons. 

Any member who joins the meeting after the start of the officer presentation on an item of business for determination or, leaves the meeting during the officer presentation or debate on an item of business for determination is not permitted to participate in the decision making and voting for that particular item of business.

Disclosable pecuniary interests

Councillor Mackness declared a disclosable pecuniary interest in planning application MC/13/3268 – 168 Delce Road, Rochester ME1 2EP on the basis that his wife has a business in Delce Road and he left the meeting for the consideration and determination of this application.

Other interests

Councillor Bowler referring to planning application MC/13/3268 – 168 Delce Road, Rochester ME1 2EP informed the Committee that he had been contacted by the applicant but had advised the applicant that he was unable to comment on or discuss the application as he served on the Planning Committee.

Councillor Carr referring to planning application MC/13/3268 – 168 Delce Road, Rochester ME1 2EP informed the Committee that the agent was known to him but he confirmed that he had not discussed the application with anyone and therefore would take part in the determination of this application.

Councillor Watson withdrew from the meeting for the consideration and determination of planning application MC/13/3227 – Plot 2, Merryboys Stables, Merryboys Road, Cliffe Woods, Kent ME3 7TP on the basis that a family member has business arrangements with someone on this site. 

Strood Rural

Relocation and rebuilding of barn for use as holiday let with parking area. 

Discussion:

The Development Manager outlined the planning application and referred to the planning history of the application site.

Decision: 

Refused on the ground set out in the report.

Gillingham North

Construction of a 5 storey hotel (80 bedrooms) with associated access and parking. 

Discussion:

The Development Manager drew attention to the supplementary agenda advice sheet on which was set out objections submitted by Councillor Cooper as Ward Councillor.

The Development Manager outlined the planning application and in particular drew attention to the differences between the current planning application and that previously approved at MC/08/1614 on 19 December 2008 in that the current proposal was for a hotel one storey less in height and with a reduction in beds from 120 to 80.

With the agreement of the Committee Councillor Cooper spoke on this application as Ward Councillor.

The Committee discussed the application having regard to the concerns expressed by objectors and the Ward Councillor and the level of parking provision proposed to serve the proposed hotel. However, in noting such concerns, Members had regard to the fact that the provision of a hotel has always been part of the development proposals for this site since the original outline permission had been approved in May 2004 and therefore considered that anyone moving into accommodation at the site would have been fully aware of the long term plans for the site.

Decision:

Approved with conditions 1 – 25 as set out in the report for the reasons stated in the report.  

Rochester South and Horsted

Removal of condition 16 on planning permission ME/92/0481/A (details pursuant to outline for the, erection of a food store with car parking and, access onto the A229) to allow for deliveries between the hours of 5am to Midnight (12:00am) on Monday to Saturday and 7am to Midnight (12:00am) on Sunday and Bank Holidays. 

Discussion:

The Development Manager outlined the planning application and informed the Committee that the proposal sections of the report required amendment to state that the application was for a variation of Condition 16 and not removal.

It was suggested that if the Committee was minded to approve this application, proposed conditions 3 and 6 be amended as set out on the supplementary agenda advice sheet.

Decision:  

Approved with conditions 1 – 2 and 4 – 5 and 7 – 12 as set out in the report for the reasons stated in the report and conditions 3 and 6 amended as follows:

3. No later than six months from the commencement of the varied hours of delivery hereby permitted, an updated acoustic appraisal, to demonstrate the effectiveness of the repairs to the acoustic fence on the northern boundary, shall be submitted to and approved in writing by the Local Planning Authority.  The acoustic appraisal must also confirm that there is no detrimental impact on the amenities of adjoining occupiers in Maidstone Road and Thorndale Close.  Should no acoustic appraisal be submitted or should the acoustic appraisal indicate an adverse impact on the amenities of adjoining occupiers or should the acoustic appraisal be considered to be unacceptable to the Local Planning Authority, the varied hours of delivery shall cease immediately and the original hours of delivery, being no deliveries to the foodstore to take place outside the hours of 07:00 to 23:00 on Mondays to Saturdays (inclusive) and 08:00 to 13:00 on Sundays, shall be complied with.

Reason: To assess the impact of the development on adjoining amenity following the repairs to the acoustic fencing and to ensure that the development is without prejudice to conditions of amenity.

6.         No tree identified for retention within the approved landscaping plan of ME/92/0481 shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned other than as detailed on the approved plans. Any pruning to accommodate the Boundary Treatments shall be carried out in accordance with British Standard 3998 Tree Work.

Reason: Pursuant to section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality, in accordance with policy BNE1 and BNE6 of the Medway Local Plan 2003.

Rochester South and Horsted

Removal of condition 4 on planning permission MC/08/0233 (construction of single storey side/rear extension for use as warehouse, canopy to side and new sprinkler tank and pump house) to allow for deliveries between the hours of 5am to Midnight (12:00am) on Monday to Saturday and 7am to Midnight (12:00am) on Sunday and Bank Holidays. 

Discussion:

The Development Manager outlined the planning application and informed the Committee that the proposal sections of the report required amendment to state that the application was for a variation of Condition 4 and not removal.

It was suggested that if the Committee was minded to approve this application, proposed conditions 3 and 4 be amended as set out on the supplementary agenda advice sheet.

Decision:  

Approved with conditions 1 – 2 and 5 – 6 as set out in the report for the reasons stated in the report and conditions 3 and 4 amended as set out below:

3.         No later than six months from the commencement of the varied hours of delivery hereby permitted, an updated acoustic appraisal, to demonstrate the effectiveness of the repairs to the acoustic fence on the northern boundary, shall be submitted to and approved in writing by the Local Planning Authority.  The acoustic appraisal must also confirm that there is no detrimental impact on the amenities of adjoining occupiers in Maidstone Road and Thorndale Close.  Should no acoustic appraisal be submitted or should the acoustic appraisal indicate an adverse impact on the amenities of adjoining occupiers or should the acoustic appraisal be considered to be unacceptable to the Local Planning Authority, the varied hours of delivery shall cease immediately and the original hours of delivery, being no deliveries to the foodstore to take place outside the hours of 07:00 to 23:00 on Mondays to Saturdays (inclusive) and 08:00 to 13:00 on Sundays, shall be complied with.

Reason: To assess the impact of the development on adjoining amenity following the repairs to the acoustic fencing and to ensure that the development is without prejudice to conditions of amenity and to comply with Policy BNE2 of the Medway Local Plan 2003.

4.         Within 1 month of the date of this planning permission, the diesel fire pump(s) as shown on drawing PL02-WH Rev A, received on 08 January 2008, and as detailed on drawing number 8158-100 Rev X, received on 03 March 2008, shall be fitted with a critical silencer to reduce the noise levels to 85 dB and the pump house shall provide a sound reduction of 40 dB(A) in accordance with the original details submitted pursuant to MC/08/0233. Such arrangements shall be thereafter maintained.

Reason: To ensure that the development does not prejudice conditions of amenity and to comply with Policy BNE2 of the Medway Local Plan 2003.

Rochester South and Horsted

Removal of condition 4 on planning permission MC/13/1236 (construction of 2 no. bay van loading canopy within the existing service yard and construction of grocery collection canopy within existing car park) to allow for deliveries between the hours of 5am to Midnight (12:00am) on Monday to Saturday and 7am to Midnight (12:00am) on Sunday and Bank Holidays. 

Discussion:

The Development Manager outlined the planning application and informed the Committee that the proposal sections of the report required amendment to state that the application was for a variation of Condition 4 and not removal.

It was suggested that if the Committee was minded to approve this application, proposed condition 3 be amended as set out on the supplementary agenda advice sheet.

Decision: 

Approved with conditions 1 – 2 and 4 – 7 as set out in the report for the reasons stated in the report and condition 3 amended as set out below:

3.         No later than six months from the commencement of the varied hours of delivery hereby permitted, an updated acoustic appraisal, to demonstrate the effectiveness of the repairs to the acoustic fence on the northern boundary, shall be submitted to and approved in writing by the Local Planning Authority.  The acoustic appraisal must also confirm that there is no detrimental impact on the amenities of adjoining occupiers in Maidstone Road and Thorndale Close.  Should no acoustic appraisal be submitted or should the acoustic appraisal indicate an adverse impact on the amenities of adjoining occupiers or should the acoustic appraisal be considered to be unacceptable to the Local Planning Authority, the varied hours of delivery shall cease immediately and the original hours of delivery, being no deliveries to the foodstore to take place outside the hours of 07:00 to 23:00 on Mondays to Saturdays (inclusive) and 08:00 to 13:00 on Sundays, shall be complied with.

Reason: To assess the impact of the development on adjoining amenity following the repairs to the acoustic fencing and to ensure that the development is without prejudice to conditions of amenity and to comply with Policy BNE2 of the Medway Local Plan 2003.

Gillingham South

Outline application with all matters reserved for demolition of existing warehouse and construction of a new development of 9 dwellings.

Discussion:

The Committee was reminded that this planning application had been the subject of a site visit on 29 March 2014 at which the Senior Planner had explained the proposed development and set out the issues that needed to be considered as they related to matters of principle, layout, amenity and access.

The applicant’s agent had commented upon the site’s allocation in the Local Plan.

A summary of the concerns raised by residents was outlined on the supplementary agenda advice sheet.

At the conclusion of the site visit, the applicant had opened the warehouse building and the Senior Planner had gone inside with some residents. It had been established that the warehouse housed three cars in various states of repair and the interior was laid out like a vehicle repair garage.

It was suggested that if the Committee was minded to approve this application, proposed condition 11 be deleted and proposed condition 12 renumbered accordingly and two new conditions numbered 12 and 13 be approved, details of which were set out on the supplementary agenda advice sheet.

The Committee discussed the planning application referring in particular to the width of the access road into the application site. The Principal Transport Planner confirmed that the access road into the site was sufficiently wide enough to enable a refuse vehicle or fire engine access and that such vehicles could turn and leave the site in a forward gear.

The Development Manager referred to the planning history of the application site and outlined the difference in this planning application as opposed to previous planning applications.

Decision:

Approved with conditions 1 – 10 as set out in the report for the reasons stated in the report and conditions 11 – 13 as set out below:

11.       The plans and particulars submitted in accordance with Condition 1 above shall include:

A plan showing the location of and allocating a reference number to each existing tree within the site with a stem diameter of 75mm or more, measured at 1.5m above the highest adjacent ground level and each tree with an estimated stem diameter of 75mm or more that overhang the site or are located beyond the site boundaries within a distance of up to 12 times their estimated stem diameter. For individual trees the crown spread shall be shown and for groups of trees the overall extent of the canopy shall be shown, and for all trees it shall be clear as to which are identified for retention or removal;

For all existing trees within the site with a stem diameter of 75mm or more, measured at 1.5m above the highest adjacent ground level and each tree with an estimated stem diameter of 75mm or more that overhang the site or are located beyond the site boundaries within a distance of up to 12 times their estimated stem diameter:

a) a tree survey

b) a tree constraints plan

c) an arboricultural impact assessment

d) a tree protection plan

e) arboricultural method statements

All of the  ...  view the full minutes text for item 967.

Rochester East

Change of use Class from A1 shop to use Class A3 and A5 cafe and takeaway. 

Discussion:

The Development Manager outlined the planning application and suggested that should the Committee be minded to approve the application, proposed condition 4 be amended so that the hours of use be 07.00 to 21.00 hours Mondays to Saturdays inclusive only.

During discussion of this planning application, a member recommended that the Committee undertake a site visit but on being put to the vote this was not supported.

Decision:

Approved with conditions 1 – 3 and 5 as set out in the report for the reasons stated in the report and condition 4 amended as follows:

4.         The use hereby permitted shall only operate between the hours of 07:00 to 21:00 Mondays to Saturdays inclusive only.

Reason: To regulate and control the permitted development in the interests of amenity in accordance with Policy BNE2 of the Medway Local Plan 2003.

Strood Rural

Change of use of land to provide extension to existing caravan site for siting of 2no static caravans. 

Discussion:

The Development Manager outlined the planning application and explained that whilst the proposal was contrary to policy, the latest Medway Gypsy Traveller and Traveller Accommodation Assessment identified a 5 year requirement for 13 pitches to be provided between 2013 and 2018.  Therefore, should this application be approved, the two caravans would count towards this required number. In addition, the Development Manager advised that the caravans would be located close to the existing caravans already on this site and would form part of the same complex and be occupied by the same family. On this basis, a temporary consent tied into the timescale on the original site and with a personal permission was considered appropriate. 

During the photographic presentation on this particular planning application, Members sought an assurance that what appeared to be a pile of rubbish shown in the photographs would be removed. The Development Manager stated that the applicant had given an assurance that this was due to be removed shortly and he confirmed that Officers would ensure that this was undertaken.

The Development Manager in response to questions also confirmed that a fence separated the footpath from the application site.

Decision:  

Approved with conditions 1 – 6 as set out in the report for the reasons stated in the report.