Agenda and minutes

Cabinet Advisory Panel A - Monday 11 April 2016 7.00 pm

Venue: Council Chamber, Civic Centre, Home Gardens, Dartford, Kent, DA1 1DR

Contact: Email: memberservices@dartford.gov.uk 

Items
Note No. Item

1.

Chairman's Introduction

Minutes:

The Chairman welcomed Members and Officers to the meeting.

2.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors S H Brown, P Cutler, M B Kelly, T A Maddison and Mrs R L Shanks.

3.

Urgent Items

The Chairman will announce his decision as to whether there are any urgent items and their position on the agenda.

Minutes:

There were no urgent items.

4.

Items Reserved for Debate

Minutes:

The Chairman advised Members that the following agenda item had been drawn down for debate:

 

9.         Street Naming and Numbering - Fastrack Manor Way

 

Accordingly, Members endorsed the Officer recommendations in respect of the following items:

 

8.         Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016

 

10.      Report of Delegated Action Taken Under Standing Order 38: Consultation on Proposed Changes to National Planning Policy - Further Submission

5.

Declarations of Interest on Items Drawn Down for Debate

To receive declarations of interest from Members including the terms(s) of the Grant of Dispensation (if any) by the Audit Board or Managing Director.

Minutes:

There were no declarations of interest.

6.

References from Committees

None at this stage.

Minutes:

There were no references from other Committees.

SD (ES)

7.

Implementing the Dartford Development Policies Plan pdf icon PDF 95 KB

Summary:

 

1.         The Report evaluates responses to the latest public consultation on the Development Policies Local Plan, published in January 2016. It considers which draft Policies may form weighty considerations in the determination of planning applications.

 

2.         This is a Key Decision as it is significant in terms of its effects on communities living or working in an area of the Borough comprising two or more wards.

 

Recommendations:

 

1.         That policies DP1 to DP8, DP10 to DP19 and DP21 to DP25 of Dartford’s published Development Policies Local Plan be approved and applied immediately and that the Development Control Board be recommended to give appropriate weight to these policies in its decision making process.

                       

2.         That Ebbsfleet Development Corporation (EDC) be advised to give the policies referred to in paragraph 2.1 above appropriate weight in its decisions on planning applications.

Additional documents:

Minutes:

This report evaluated responses to the latest public consultation on the Development Policies Local Plan, published in January 2016. It also considered which of the draft Policies may form weighty considerations when determining planning applications.

 

  • The Planning Policy Manager described how the report had taken legal factors into account and would enable the draft policies that had previously been considered by the General Assembly of the Council, and published for consultation, to be used when making planning related decisions. He then referred to the considerations and tests that have to be applied when deciding which policies may be implemented and noted how DP9 (Local Housing Needs) had been omitted from the list because of uncertainties relating to the current changeable nature of associated National Policy. He also noted that, having considered the consultation responses received, it had also been decided to omit DP20 (Identified Employment Areas) whilst more consideration is given to those sites where challenges to the Council’s proposals have been received. He then advised that policies contained within the Core Strategy would continue to apply for the 2 topics which had been omitted. He then confirmed that all Policies would be submitted for ‘Public Examination’ by the Planning Inspectorate and that, if successful, the Plan in its entirety would be formally proposed for adoption by the Council later in the year.

 

  • The Chairman noted that the policies had already been considered and fully endorsed by the Local Plan Members Working Group and highlighted the need to have them approved so that they may be used by the Ebbsfleet Development Corporation when making decisions on planning applications.

 

  • In response to a question the Planning Policy Manager confirmed that the Council’s current aspiration to deliver 30% of affordable housing in urban developments, and 50% in rural developments, would still apply.

 

  • Having noted the intention to omit DP9 from the list of policies to be implemented one Member referred to the Housing and Planning Bill that was currently being progressed through Parliament and expressed concern at the changes proposed in relation to affordable housing and the introduction of Starter Homes. He felt that Starter Homes would not be affordable for the majority of Dartford residents and, having noted that a technical consultation on ‘Starter Homes’ had recently been published, urged the Council to respond and make representations to Central Government. The Planning Policy Manager replied that the policies relating to Starter Homes had yet to be finalised and confirmed that officers were assessing the recently published technical consultation. He also noted that the Council had already responded to a consultation on the introduction of Starter Homes and said its position remained unchanged. He said that changes to National Policy would continue to be tracked and that when Dartford’s policies are submitted to the Planning Inspectorate for consideration a case would be made to finalise the Policy as previously agreed by Members, or as close as possible, in order to include Starter Homes as an additional way of meeting housing needs.

 

SD (ES)

8.

Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 pdf icon PDF 55 KB

Summary:

 

1.         From 9 May 2016, a waste collection authority in England will be allowed to issue a fixed penalty notice (FPN) for fly tipping, a contravention of the Environmental Protection Act 1990 (EPA 1990). This provides local authorities with a more efficient and proportionate response to small-scale fly-tipping of waste.

 

2.         The new provisions provide for a fine of not less than £150 and not more than £400 as specified by the waste collection authority, and £200 if no amount is specified by the authority.

 

Recommendations:

 

1.         That Members note the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 which come into force on 9 May 2016.

 

2.         That the penalty charge for Unauthorised Deposit of Waste (Fixed Penalty Notices) be set at £400 (four hundred pounds) reduced to £250 (two hundred and fifty pounds), if paid within 10 days.

 

3.         That delegated authority be granted to the Strategic Director (External Services) under the Environmental Protection Act 1990 (as amended) to make appropriate arrangements for the issuing of fixed penalty notices for the unauthorised deposit of waste.

Minutes:

Members endorsed the recommendations in the report.

SD (IS)

9.

Street Naming and Numbering - Fastrack Manor Way pdf icon PDF 52 KB

Summary:

 

To approve the renaming of Fastrack Manor Way.

 

Recommendation:

 

That Cabinet approve Tiltman Avenue as the new road name.

Additional documents:

Minutes:

This report asked Members to approve the renaming of Fastrack Manor Way.

 

  • The Member whose concerns had been highlighted in the report referred to the proposed renaming and questioned whether the road chosen would act as a dignified memorial to Claire Tiltman. He felt that a more attractive road, located nearer to where Claire had lived with her family, should have been selected. He also referred to the views that had been expressed on public forums and noted how a bench had been installed in memory of Claire, and how Stone Parish Council intended to name their new Youth Activity Centre after Claire.

 

  • Another Member also voiced concern and said that, although he fully supported the Council’s intent, and agreed that it was right for the Council to commemorate the life of Claire in a way that ensures that she is remembered, he questioned whether the proposed renaming of this road was the best way to do this. He also voiced his support for Stone Parish Council’s proposal to name their new Youth Activity Centre after Claire as its aims reflected Claire’s approach to life.

 

  • The Chairman referred to the report and noted how other Members and Kent Police had voiced support for the proposal. He also noted how the proposal had been welcomed by Claire Tiltman’s family.

 

  • In response to a question the Property Information Manager advised that the legal implication that had been included in the report formed part of every street naming report. He said that any proposed name may be challenged in the Magistrate’s Court but added that, as long as due process has been followed, the Court is likely to rule in favour of the proposed name.

 

  • Having noted the concerns that had been expressed by two of the Members present the remaining members of the Advisory Panel endorsed the report’s recommendations.

SD (ES)

10.

Report of Delegated Action Taken Under Standing Order 38: Consultation on Proposed Changes to National Planning Policy - Further Submission pdf icon PDF 48 KB

Summary:

 

To report to Cabinet, in accordance with the requirements of Standing Order 38(2)(b), the delegated action taken under Standing Order 38(2)(a) by the Managing Director, in consultation with the Cabinet Chairman, relating to an additional response to the Government’s consultation on proposed changes to the National Planning Policy Framework.

 

Recommendation:

 

That Cabinet note the action taken by the Managing Director, in consultation with the Cabinet Chairman, under Standing Order 38(2)(a), relating to an additional response to the Government’s consultation on proposed changes to the National Planning Policy Framework.

Additional documents:

Minutes:

Members endorsed the recommendations in the report.