Agenda and minutes

Apologies for absence were received from Councillors Anang, Gulvin and Howcroft-Scott.

To approve the record of the meeting held on 22 November 2023.

The record of the meeting held on 22 November 2023 was agreed and signed by the Chairperson as correct.

The Committee were advised of the following, as set out in the supplementary agenda advice sheet.

Page 11 Minute 378 MC/23/1726 32 Tennyson Road, Gillingham 

The SAMMS payment had been paid and the decision issued.

The Chairperson will announce any late items which do not appear on the main agenda but which he/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 Pearce referred to application MC/23/2060 Boot Fair, Upnor Road, Upnor Rochester and informed the Committee that the applicant was a customer for a business for which he was a stakeholder.  As the interest was financial, he would leave the meeting and take no part in the determination of the application.

Other interests

Councillor Etheridge stated that he attended meetings for Frindsbury Extra and Cliffe Woods Parish Councils and explained that if any planning applications were discussed there which were due to be considered by the Medway Council Planning Committee meeting, he would not take part in the discussion at the Parish Council meetings.

Councillor Mrs Turpin stated that she attended meetings for Frindsbury Extra Parish Council and explained that if any planning applications were discussed which were due to be considered by the Medway Council Planning Committee meeting, she would not take part in the discussion at the Parish Council meetings.

Councillor Mrs Turpin referred to application MC/23/2060 Boot Fair, Upnor Road, Upnor Rochester and informed the Committee that she had written, in support, of the application and would withdraw from the meeting and take no part in the determination of the application.    

Rainham North Ward

Outline application with all matters reserved for residential development of up to 22 residential units.

To accommodate Ward Councillors, planning applications were taken in a different order from the original agenda.  This item was moved up the agenda.

Discussion:

The DM Manager outlined the application in detail which was an outline application with all matters reserved for a residential development of up to 22 residential units.

The Chief Planning Officer and DM Manager explained that the Development Contribution Guide set the relevant S106 contributions that were required to be paid based on the specific needs of the local community within the specific area of the development.  The Chief Planning Officer confirmed that the work on the emerging Local Plan would include a review of the developer contributions guide. 

The Chief Planning Officer confirmed that as the development was below the threshold, there was no requirement to provide affordable homes.

Following a question from a Member about what open spaces would benefit from the S106 contributions, the Chief Planning Officer, explained that he would come back to the Planning Committee and update them on the specific areas.

Decision:      

Approved subject to:

a)    The applicant entering into a S106 agreement to secure the following:

i)               Contributions towards improved Education provision comprising:

a)    Nursery: £34,084.38

b)    Primary: £45,416.30 (£83,661.60 x 19 full year groups out of 35)

c)    Secondary: £66,287.98

d)    Sixth Form: £2,492.76 (£17,449.30 x 2 full year groups out of 14)

     Total: £148,281.41

ii)              Contribution towards Existing Library: £4,082.10

iii)            Contribution towards Sports Facilities £6,018.10

iv)            Contribution towards Public Realm £5,390

v)             Contribution towards improvements to Local Health Facilities: £15,630.12

vi)            The Strategic Access Management and Monitoring Strategy (SAMMS): £6,909.91

vii)           Contribution towards Youth Provision: £1,935.78

viii)         Contribution towards Community Facilities: £5.155.70

ix)            Contribution for improvement and links to Public Rights of Way: £1,650

x)             Contribution to enhance open space facilities within the vicinity of the development and towards Medway’s Metropolitan park - Great Lines Heritage Park: £71,791.28

b)    Conditions 1 to 27 as set out in the report for the reasons stated in the report.

Rainham South East Ward

Demolition of outbuildings and construction of one pair of semi-detached dwelling houses with parking.

Discussion:

The DM Manager outlined the application in detail for the demolition of outbuildings and the construction of one pair of semi-detached dwelling houses with parking.

The DM Manager brought Members’ attention to the supplementary agenda advice sheet which added 2 new conditions.  

Decision:      

Approved with conditions 1 to 11 as set out in the report for the reasons stated in the report and the addition of two further conditions:

Add following additional conditions 12 and 13: 

12.      Prior to the first occupation of any dwelling herein approved details of the refuse storage arrangements for the dwellings, including provision 5  for the storage of recyclable materials, shall be submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the approved refuse storage arrangements for that dwelling are in place and all approved storage arrangements shall thereafter be retained. 

Reason:  In the interests of visual amenity and to ensure a satisfactory provision for refuse and recycling in accordance with Policy BNE2 of the Medway Local Plan 2003. 

13.      No dwelling shall be occupied until details of secure private cycle parking provision for each dwelling have been submitted to and approved in writing by the Local Planning Authority.  The cycle parking shall be implemented in accordance with the approved details before the relevant dwelling is first occupied and shall thereafter be retained. 

          Reason: In the interests of sustainability and to encourage cycle use with regard to Policy T4 of the Medway Local Plan 2003.

Rochester West & Borstal Ward

Construction of a part single part 2 storey depot/workshop building with ancillary offices; access, parking, vehicle washing facilities and landscaping.

Discussion:

The Chief Planning Officer outlined the application in detail for the construction of a part single part 2 storey depot/workshop building with ancillary offices, access, parking, vehicle washing facilities and landscaping.

The Chief Planning Officer advised that the site was within an Area of Local Landscape Importance and Strategic Gap and was opposite, and therefore, within the setting of an Area of Outstanding Natural Beauty (AONB).  Appropriate landscaping, to soften the views, was critical.

The Chief Planning Officer brought Members’ attention to the supplementary agenda advice sheet which amended conditions 19 and 21.

The Highways Consultant confirmed that the road would be sufficiently wide enough to accommodate HGV’s and to allow vehicles access in and out of the site. 

Decision:      

Approved with conditions 1 to 18, 20, 22 to 28 as set out in the report for the reasons stated in the report with amendments to conditions 19 and 21 as follows:

Amend condition 19 to delete bracketed section in line 2 - referencing 33% active and 66% passive - to allow negotiation on what is appropriate recognising that HGV vehicles are currently not EV.

Amend Condition 21 to delete reference to phasing as follows: 

21.      No part of the development shall be occupied until a plan indicating the positions, design, materials and type of boundary treatment to be erected within the development has been submitted to and approved in writing by the Local Planning Authority.  The boundary treatment shall be implemented in accordance with the approved details before any building is occupied and shall thereafter be retained. 

Strood Rural Ward

Construction of a single storey extension to facilitate the conversion of the property into two dwelling houses with associated private amenity space - demolition of conservatory to the rear.

Discussion:

The Planner outlined the application in detail for the construction of a single storey extension to facilitate the conversion of the property into two dwelling houses with associated private amenity space and demolition of conservatory to the rear.

The Committee then asked a number of questions and comments, which included whether the study could, in future, be used as a bedroom, the Planner confirmed the national space standards for room sizes would prevent it being used as a bedroom as it was too small.

Decision:      

Approved with conditions 1 to 5 as set out in the report for the reasons stated in the report.

Strood Rural Ward

Change of use of field for an additional 7 boot fairs a year (21 in total in any one calendar year).

Councillors Pearce and Mrs Turpin withdrew from the meeting for this item.  

Discussion:

The Chief Planning Officer outlined the application in detail for the change of use of the field for an additional 7 boot fairs a year (21 in total in any one calendar year).

The Committee considered the application noting that Marshalls may be required not only for the traffic but also to stop people arriving too early on site.  

Members suggested widening the entrance to stop any congestion, the Chief Planning Officer confirmed that he would suggest that to the applicant and it could be monitored over the next few years.

Members were concerned with the amount of litter that could be generated, the Chief Planning Officer stated that the applicant operated a good post-event clean of the site which included the litter picking and was also covered under condition 4.  The Chief Planning Officer expected residents or Ward Councillors to inform him or his team of any issues or concern regarding litter.

Members were encouraged by the increase in boot fairs, especially during the cost-of-living crisis and welcomed the additional dates.

.

Decision:      

Approved with conditions 1 to 4 as set out in the report for the reasons stated in the report.

Councillors Pearce and Mrs Turpin returned to the meeting.

Chatham Central & Brompton Ward

Part demolition and conversion of the former police section house for exhibition space, cafe, meeting space, post-production studios, office and co-working space (mixed-use). The development of a digital production studio (Sui  Generis) and the installation of rooftop PV panels. A single storey link extension, construction of vehicular access, substation, hard and soft landscaping and associated works.

Discussion:

It was agreed that there would be one presentation that covered both MC/23/1834 and MC/23/1833 Former Police Section House, East Road, however, both applications would be voted on separately.

The Principal Planner outlined the application in detail for part demolition and conversion of the former police section house for exhibition space, cafe, meeting space, post-production studios, office and co-working space (mixed-use). The development of a digital production studio (Sui Generis) and the installation of rooftop PV panels.  A single storey link extension, construction of vehicular access, substation, hard and soft landscaping and associated works.

The Principal Planner explained that Members had received a presentation from the Institute of Cultural and Creative Industries regarding the application back in July 2023.  He stated that the applicant had engaged with the landowners and developers of adjourning sites the proposal could also act as a catalyst for encouraging more diverse and innovative uses as part of the sites wider regeneration.

The Principal Planner brought Members’ attention to the supplementary agenda advice sheet which included a briefing note from the applicant and further clarification on Bio Diversity Net Gain and agreed approach.  A contribution of £40,000 has been agreed, in consultation with Medway Council Greenspaces Team and Kent County Council Biodiversity, to supply the equivalent number of replacement trees to compensate for those trees that would be removed.  The cost would include the planting of the trees on Council owned land and the ongoing management costs that would be required in the first three years whilst the trees were established. 

With the agreement of the Committee, Councillor Maple addressed the Committee as Ward Councillor and outlined the following points in support of the application:

• This was an old building that had not been used in some time and the development would bring the building back to being used again and would be a really good use of the space.
• Working closely with Medway Council, The Historic Dockyard and the University would add value to the creative industry.  Postproduction could be done on site in conjunction with the filming.
• Condition 3 - we could easily avoid construction works and lorries coming and going during peak times which would affect neighbouring residents such as the Busy Bees Nursery.
• Always important to note that there were no objections submitted from local residents.

The Committee considered the application and were encouraged by the opportunity to regenerate the building.  This would enhance the area and boost the local economy as well as encouraging young people into the creative arts.

Members expressed the view that the loss of 34 trees on site should be offset by enhanced and improved provision off site.  The Principal Planner confirmed it would be offset with mixed tree planting which would actually be an improvement for bio diversity over the self-sown sycamores that would be removed.

The Principal Planner confirmed that the roof of the studio would have solar panels installed on them.

Decision:      

Approved subject to:

A)            Delegated authority being given to the Chief  ...  view the full minutes text for item 484.

Chatham Central & Brompton Ward

Listed building consent application for the retention and alteration to brick pier and associated works.

Discussion:

The Principal Planner outlined the application in detail for listed building consent application for the retention and alteration to brick pier and associated works.

The Principal Planner brought Members’ attention to the supplementary agenda advice sheet which included an amendment to condition 5.

Decision:      

Approved with conditions 1 to 5 as set out in the report for the reasons stated in the report. 

Amend Condition 5 as follows: 

5.        No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a written scheme of archaeological investigation in accordance to details which have first been submitted to and approved in writing by the Local Planning Authority.

All Saints Ward

Outline planning application with some matters reserved (appearance, landscaping, layout and scale ) for demolition of redundant farm buildings and construction of 7 no. dwelling houses, provision of attenuation pond and comprehensive landscape area (incorporating wildflower meadows, biodiversity area and tree planting).

This item was moved to the end of all the planning applications to enable Members to read additional paperwork that had been submitted.

Discussion:

The Chief Planning Officer outlined the application which was an outline application with some matters reserved (appearance, landscaping, layout and scale ) for the demolition of redundant farm buildings and construction of 7 no. dwelling houses, provision of attenuation pond and comprehensive landscape area (incorporating wildflower meadows, biodiversity area and tree planting).

The Chief Planning Officer advised that the application had received a resolution to approve subject to notifying the HSE at the Planning Committee meeting in September.  The HSE were advised of the resolution and contacted the case officer and Chief Planning Officer to clarify their concerns, which were namely that they could not support more than 2 dwellings within the inner zone defined on the plans shown for the Shorne/Isle of Grain pipeline.  As a result, the applicant was invited to amend the application. By reducing the number of dwellings in the inner zone to 2 and thereby the overall quantum of development on the entire site from 9-7. The applicant agreed and revised their planning application to 7 new dwellings with 2 dwellings within the inner zone. The HSE then formally confirmed that they no longer objected to the planning application.

Although it was possible to have determined this planning application under delegated powers as a result of the previous resolution, it was agreed with the Chairperson and the Chief Planning Officer that it was appropriate to bring the application back to the Planning Committee for Members to consider the comments made from the HSE.

With the agreement of the Committee, Councillor Spalding addressed the Committee as Ward Councillor and raised the following concerns:

• When Councillor Spalding contacted the HSE they were unaware that the Council had already granted permission for the planning application in September 2023.

• The HSE were not told about any flooding which affected the local area.
• The Planning Officer, at the September 2023 Planning Committee meeting, stated that the Lead Local Flood Authority (LLFA) was currently undertaking works to improve the flooding. The LLFA had not yet instructed any works to be undertaken.
• The applicant referred to the play area as an amenity space, the HSE had stated that people must not congregate, however, people would congregate if it was being used as a play area. 

The Chief Planning Officer advised that the situation with Southern Gas Network and National Gas Transmission remained the same as it was in September 2023.  Their letters had been forwarded to the applicant.  For the LPA the key consultee on the issue of the pipeline was the HSE.  Southern Gas Networks and National Gas needed to be re-assured on the final siting of dwellings in relation to the pipeline and this would be considered within any reserved matters application.

The Chief Planning Officer and the Chairperson confirmed that when the reserved matters application was submitted with further details, the application would be  ...  view the full minutes text for item 486.

This report informs Members on the amount of Section 106 funding received between July to September 2023 and sets out what the contributions must be spent on according to the Section 106 agreements.

Discussion:

The Chief Planning Officer gave a summary of the amount of Section 106 funding received between July and November 2023 and referred to appendix 1 to 5 in the report. 

He explained that the Authority Monitoring Report and Infrastructure Funding Statement was discussed at Cabinet on 19 December 2023.

A Member asked about the S106 contribution for bus travel at land west of Town Road, Cliffe Wood and as the initial bus timetable had changed how many people were now using this bus service or could the monies be used elsewhere.  The Chief Planning Officer would respond directly to the Member.

Decision:

The Committee noted the report.

This report summarises the content of agenda item 15 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 the document.

Decision:

The Committee agreed to exclude the press and public from the meeting during consideration of agenda item 15  (Enforcement Proceedings – 1 April 2023 to 30 November 2023)  because consideration of these matters in public would disclose information falling within paragraph 6 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 9 (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 is the report to committee informing Members of enforcement proceedings during the period 1 April 2023 – 30 November 2023.

Discussion:

The Chief Planning Officer gave a summary of the enforcement proceedings referred to in Appendix A of the report.  The Chief Planning Officer confirmed that he was happy to take any questions and respond directly outside of the meeting.  

The Chief Planning Officer stated that two new members of the Enforcement Team had recently been recruited and were working alongside the Senior Enforcement Officer and the team were clearing the backlog of a large number of enforcement cases. 

Decision:  

The Committee noted the report and thanked the team for their hard work, especially the Senior Enforcement Officer.