Agenda and minutes

There were none.

To approve the record of the meeting held on 9 April 2025.

The record of the meeting held on 9 April 2025 was agreed by the Committee and signed by the Chairperson as correct.

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)

There were none.

Other interests

Councillor Etheridge stated that he often attended meetings of Frindsbury and Cliffe Woods Parish Councils and explained that if any planning applications were ever 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.

Councillors Bowen, Field, Hamandishe, Hamilton, Jones, Myton, Peake and Stamp referred to planning application MC/25/0184 189 Maidstone Road, Rochester, Medway ME1 1SF and stated that the applicant was a close colleague and, therefore, they would all withdraw from the meeting and take no part in the determination of the planning application.

Rochester East & Warren Wood Ward

Replacement of windows at the front of the house.

Councillors Bowen, Field, Hamandishe, Hamilton, Jones, Myton, Peake and Stamp left the meeting for this item.

Councillor Filmer was elected Chairperson for this item.

Discussion:

The Planner outlined the application in detail for the replacement of windows at the front of the house. 

The Chairperson explained that the reason this application was not determined under delegated powers, was because the applicant was an elected member.

Decision:      

Approved with conditions 1 to 3 as set out in the report for the reasons stated in the report.

Councillors Bowen, Field, Hamandishe, Hamilton, Jones, Myton, Peake and Stamp returned to the meeting.

Gillingham North Ward

Deed of variation to the S106 entered into as part of planning permissions MC/17/3455 and MC/19/2588.

Discussion:

The Principal Planner outlined the application in detail for a deed of variation to the S106 entered into as part of planning permission MC/17/3455 and MC/19/2588.

The Principal Planner explained that the original planning permission was for 22 units.  Medway Council had purchased Block A and was in the process of purchasing Block B, with a total of 26 units. 

A Viability Appraisal by Pathfinders was submitted in 2021 and the conclusion rendered the remaining contributions as unviable apart from the bird contribution which had already been paid.  An updated review took place in April 2025 which concluded that as house prices had increased over the past 3.5 years more slowly than build costs, the overall viability of the scheme had worsened from when it was originally appraised. 

In response to a question regarding safeguarding, the Principal Planner stated that as Medway Council had taken ownership, we could now control who occupied the building and would continue to work with residents on any issues.   

Decision:      

Approved to modify the S106 agreement to reflect the findings of a jointly commissioned Viability Appraisal and subsequent Addendum produced by Pathfinder Development Consultancy.

Rochester West & Borstal Ward

Change of use from residential (Class C3) to children's home (Class C2).

Discussion:

The Senior Planner outlined the application in detail for a change of use from residential (Class C3) to children’s homes (Class C2).

The Committee discussed the application in detail and Members had concerns with the size of the garden, which was small and that it was separated from the property by an alleyway.  The Senior Planner clarified that although the garden space was small, the internal shared space was large.  The Service Manager - Development Management stated that having the garden separated by an alleyway was not unusual.

Concerns were raised that the children could only play in the garden whilst being supervised due to the separation of the home and garden.  Members asked if any safety aspects had been raised by Kent Police and Children’s Services.  The Senior Planner explained that although Kent Police had commented on this planning application it was only in relation to the security of the site. Children’s Services had not commented.

The Service Manager - Development Management advised that there was an outbuilding that could possibly accommodate the five cycle spaces which would then not encroach on the garden.

Following concerns raised about road safety and especially crossing Maidstone Road, the Service Manager - Development Management explained that a new safe crossing point would not be secured through this planning application.  There had been no traffic assessment or traffic count completed for this planning application as there had not been an increase in people living in the property than it would have been if it was a family living in a 5-bedroom house.  The Highways Consultant confirmed that the scale of the development would not have caused the Council to look at accident numbers in the local area.

The Service Manager - Development Management advised that an informative would be added regarding the local environment and road safety.

The Chairperson explained that where the Committee approved planning permission for children’s care homes, this approval related only to planning terms and that the permission for the Children’s Care Home to operate was granted by Ofsted.

Decision:      

Approved with conditions 1 to 5 as set out in the report for the reasons stated in the report, with an additional informative to the applicant to ensure that there were appropriate safeguards, practices and procedures put in place to highlight to the future occupants the hazardous road conditions and the safest crossing points in the area. Final wording to be agreed by officers.

Rainham South East Ward

Construction of a two storey front extension, part two storey part single storey rear extension, single storey side extension, bay windows to front, installation of second floor windows to front, both sides and rear to provide additional living accommodation within roof space and extension to existing vehicular crossover to front.

Discussion:

The Planner outlined the application in detail for the construction of a two storey front extension, part two storey part single storey rear extension, single storey side extension, bay windows to front, installation of second floor windows to front, both sides and rear to provide additional living accommodation within roof space and extension to existing vehicular crossover to front.

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

The Chairperson confirmed that this planning application could have been dealt with under delegated powers, however, it had been agreed by the Planning Spokesperson that due to the size of the extension proposed that it would be dealt with by the Planning Committee so that the residents’ views could be considered.

Decision:      

Approved with conditions 1 to 4 as set out in the report and an additional condition.

Additional Condition 5

5        The front parking area shall not be brought into use until it has been formed from permeable surfacing materials or has provided with drainage arrangements within the site which shall thereafter be retained.

Reason: To manage surface water in accordance with Paragraph 172 of the NPPF.

This report is presented to the Planning Committee informing Members on current planning performance and the Local Plan. The report covers the period from 1 January to 31 March 2025.

Discussion:

The Committee received a report setting out performance for the period

1 January to 31 March 2025.

The Chief Planning Officer advised that the Planning and Infrastructure Bill had been introduced to Parliament in March 2025.  This was set out on page 46 of the agenda along with the Government’s plans to speed up the process for producing Local Plans, which would deliver the Local Plan within a 30-month period.  The Government was also considering a national scheme of delegation, with Local Planning Authorities being able to set their own planning fees and reforming planning committees.  

The Chief Planning Officer made Members’ aware of the estimated value of agreed appeal payouts between 2018/19 – 2023/24, which was referenced on page 46 on the Additional Information – Presentation, where across the country, £28 million of public money was paid out in costs awarded on appeals.  The light blue colour represented payments to councils.  Medway Council was within the top 15 for winning costs at appeals.

The Chief Planning Officer explained that Medway Council’s Local Plan was progressing. The Draft Plan at Regulation 19 would be submitted in June 2025.  Once that had been agreed by Full Council, we would then be able to meet our housing need and achieve and deliver a 5-year housing supply.  

The Chief Planning Officer drew Members’ attention to a number of compliments which had been received and were set out on pages 69 to 70 of the report.

Members extended their thanks to the Chief Planning Officer and his team for all their hard work and acknowledged the amount of work that went into producing the results shown in the report.

A Member expressed their concern with the Government’s plan of having “strategic planning” Committees where applications would be determined by senior councillors.  There was a need for people with local knowledge, which Medway Council’s Planning Committee had.

It was also discussed that under paragraph 7.6 / 7.7 on page 52 in the agenda, that realistically Medway Council would never be able to achieve the housing delivery test percentages that were assigned, and we could only deal with the applications that were submitted.

It was requested that the next Performance Report include a chart to show the number of approvals given where construction had not yet started. 

Decision:

The Committee noted the report and requested that the Chief Planning Officer

express the Committee’s appreciation for the levels of achievement to staff

within the Planning Service.

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 Chief Planning Officer and Service Manager - Development Management brought Members’ attention to the supplementary agenda advice sheet which stated that planning application MC/23/2793, 63 Woodlands Road, Gillingham, the decision was made at a Planning Committee and not a delegated decision as original stated in the report.

The Chief Planning Officer gave a summary of the appeal decisions referred to in appendix A to the report.

Decision:

The Committee noted the report.

This report informs Members on the amount of Section 106 funding received between January to March 2025 and sets out what the contributions must be spent on according to the Section 106 agreements. This report is submitted for information to assist the Committee in monitoring the contributions which developers have agreed to as part of new development schemes.

Discussion:

The Chief Planning Officer gave a summary of the amount of S106 funding received and agreements signed from January to March 2025 and referred to Appendix 1 to 3 in the report.

A member discussed whether the public realm S106 contribution of £8,852.94 for The Hollies and Southview Sharnal Street, High Halstow could be allocated to Hoo Centre rather than Strood Town Centre as referenced in the original planning application.  Hoo was the nearest settlement and service town to the property and Hoo was an important centre which would benefit from this contribution.  The Committee approved the change to the public realm S106 contribution and the Chief Planning Officer would seek the agreement of the parties to the S106 agreement for the funds to be allocated to Hoo.

In response to a question relating to Gibraltar Farm S106, the Chief Planning Officer explained that further S106 contributions for the Lordswood and Walderslade Ward may be included when the Local Plan was approved.  

Decision:

The Committee noted the report and the Chief Planning Officer would request the transfer of the public realm S106 contribution for The Hollies and Southview Sharnal Street, High Halstow from Strood Town Centre to Hoo.

This report summarises the content of agenda items 13 (Derelict and Empty Properties Report) and 14 (Planning Enforcement Report) 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 documents.

        Decision:

       The Committee agreed to exclude the press and public from the meeting during consideration of agenda item 13 (Derelict and Empty Properties Report) and agenda item 14 (Planning Enforcement Report) 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 12 (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 informs Members of the action taken with regard to key buildings and associated land in the Medway area during the period 1 October 2024 to 31 March 2025. 

        Discussion:

        The Principal Planner gave a summary of the actions taken with regards to key buildings and associated land in the Medway area during the period of

1 October 2024 to 31 March 2025.

        Decision:

        The Committee noted the report and recognised the significant improvements to properties in Medway.

This is the report to committee informing Members of enforcement proceedings during the period 1 October 2024 – 31 March 2025.

          Discussion:

        The Chief Planning Officer gave a summary of the planning enforcement proceedings referred to in Appendix A of the report.

        Decision:

        The Committee noted the report.