Agenda and minutes

Apologies for absence were received from Councillors Etheridge, Lloyd and McDonald.

To approve the record of the meeting held on 16 October 2019.

The record of the meeting held on 16 October 2019 was agreed and signed by the Chairman as correct.

The Chairman drew attention to the supplementary agenda advice sheet advising the following update on an application considered by the Committee on 16 October 2019:

Minute 367 - Planning application – MC/19/1748 – Plot 1 St Anthonys Way, Medway City Estate, Rochester

Condition 19 on landscaping was amended to add the following sentence at the end regarding maintenance –

“A management company shall be responsible for the long term maintenance of the approved landscaping throughout the site and including the buffer area”

In terms of the ecology buffer area, as the Council’s advisor, KCC ecology had confirmed that as fencing was erected and the grassland regularly cut there was unlikely to be reptile re-colonisation.  With respect to the maintenance of the buffer area they considered that this should be monitored and that monitoring would identify if further management was necessary.  This was already provided for in the wording of condition 3.

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. 

Members are invited to disclose any Disclosable Pecuniary Interests or Other Significant Interests in accordance with the Member Code of Conduct.  Guidance on this is set out in agenda item 4.

Disclosable pecuniary interests

There were none.

Other significant interests (OSIs)

Councillor Potter referred to planning application MC/19/0575 – 1 Pepys Way, Strood, Rochester and informed the Committee that as his grandmother lived close to the application site, he would leave the meeting for consideration and determination of this planning application.

Other interests

There were none.

Rainham Central

Construction of six 3-bedroom houses with associated car barn (demolition of existing storage building).

Discussion:

The Head of Planning outlined the planning application in detail and suggested that should the Committee be minded to approve the application, proposed condition 14 be amended as set out on the supplementary agenda advice sheet.

In addition, he referred to a change to the planning appraisal section of the report to include a paragraph on climate change and energy efficiency as set out on the supplementary agenda advice sheet.

The Committee discussed the application having regard to the parking provision provided as part of the development and it was suggested that the Head of Planning, under delegated powers, amend the wording of condition 15 so as to ensure that the car barn remains an open structure and is not filled in by walls or doors at a future date.   

Decision:

Approved with conditions 1 – 13 and 16 - 17 as set out in the report for the reasons stated in the report, condition 14 amended as set out below and condition 15 as set out in the report subject to the Head of Planning being granted delegated authority to amend condition 15 so as to ensure that the car barn remains an open structure and is not filled in by walls or doors at a future date:

14. Prior to first occupation of the dwellings on plots 1 and 6, the landing windows on the first floor side elevation shall be fitted with obscure glass and apart from any top hung light that has a cill height of not less than 1.7m above the internal finished floor level, shall be non opening.  The window shall be retained as such thereafter.

Strood North

Construction of a two storey extension to side and rear with single storey to front and rear and excavation works to basement level to facilitate 2  three- bedroom duplex flats over ground and basement level and 2 two-bedroomed flats at first floor level; engineering works to facilitate parking to front and rear and associated works.

Discussion:

The Head of Planning reminded the Committee that this planning application had previously been considered on 26 June 2019 following which it had been deferred to enable the applicant to provide evidence of the right of access from Broom Hill Road and to serve notice on the surrounding properties with an interest in and/or that use the vehicular access from Broom Hill Road.

He confirmed that the necessary evidence had been provided in the form of Land Registry deeds and a Statement of Truth from the occupants of the flat above 1 Pepys Way and he confirmed that notice had now been served on all properties using the access way.

The Committee discussed the planning application.

Decision:

Approved subject to:

a)            A Section 106 agreement to secure £718.83 towards bird mitigation.

b)            Conditions 1 – 6 as set out in the report for the reasons stated in the report.

Rochester East

Construction of a 2 bed dwelling to form an end of terrace with stepped access; associated parking and raised planter to front together with shed/cycle storage to rear.

Discussion:

The Head of Planning outlined the planning application and suggested that if the Committee was minded to approve the application, proposed condition 5 be amended as set out on the supplementary agenda advice sheet.

The Committee discussed the application and in particular concerns as to the impact of the development upon a neighbouring property’s solar panels. The Head of Planning confirmed that impact on solar panels was now a material planning consideration following a recent court case but having undertaken an assessment of this particular planning application, whilst there was some impact, it was not considered to be sufficiently significant as to warrant refusal of the planning application.

Decision:

Approved with conditions 1 – 4 and 6 - 8 as set out in the report for the reasons stated in the report and condition 5 amended as follows:

5. Prior to first occupation of the new dwelling, details of the provision of an electric car charging facility on plot to serve the new dwelling shall be submitted to and approved in writing by the Local Planning Authority.  The approved car charging facility shall be provided prior to first occupation of the dwelling and shall thereafter be retained.

This report is presented quarterly to committee informing Members on current Planning performance and the Local Plan.

Discussion:

The Head of Planning outlined the performance report for the period 1 July – 30 September 2019.

A Member requested that future reports include cumulative data on income from fees rather than a monthly chart and the Head of Planning agreed to include information on both in future reports.

The Committee requested that the Head of Planning pass on its appreciation to staff within the planning team for the work undertaken to achieve such excellent performance statistics.

Decision:

The Committee noted the report.

This report informs Members on the amount of Section 106 funding received between April to September 2019 and sets out what the contributions must be spent on according to the Section 106 agreements.

Discussion:

The Head of Planning reported upon Section 106 agreements for the period April – September 2019.

Decision:

The Committee noted the report.

This report informs Members of appeal decisions.  The summary of appeal decisions for those allowed or where decisions were made by the Committee contrary to officer recommendation is listed by ward in Appendix A.

Discussion:

The Head of Planning reported upon appeal decisions for the period 1 July – 30 September 2019.

Decision:

The Committee noted the report.

This report summarises the content of agenda item 12, which, in the opinion of the proper officer, contains exempt information within one of the categories in Schedule 12A of the Local Government Act 1972. It is a matter for the Committee to determine whether the press and public should be excluded from the meeting during consideration of document.

Decision:

The Committee agreed to exclude the press and public from the meeting during consideration of agenda item 12 (Section 215 Enforcement) because consideration of this matter in public would disclose information falling within paragraph 6 of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 11 (Exclusion of Press and Public) and, in all the circumstances of the case, the Committee considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

This report details the action taken by the Environmental Enforcement Team (EET) with regard to section 215 issues in the last quarter 2018/19 and quarters 1 and 2 of 2019/2020.

Discussion:

The Committee received a report setting out Section 215 enforcement for the last quarter of 2018/19 and quarters 1 and 2 of 2019/20.

The Environmental Services Manager informed the Committee that during this period, there had been resourcing issues with two vacancies in the team and priority had been directed towards removal of flytipping. However, one vacancy had now been filled and as plant growth had been slower at this time of year, the team had now caught up with Section 215 enforcement cases.

The Committee expressed its appreciation for the work undertaken by the Environmental Enforcement Team.  

Decision:

The Committee noted the report.