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BABERGH DISTRICT COUNCIL DEVELOPMENT COMMITTEE
MINUTES OF A MEETING OF THE DEVELOPMENT COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON WEDNESDAY, 11 JULY 2007
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15 Substitutes
16 Declaration Of Interests
17 Minutes
18 Petitions
19 Questions From Members
20 Site Inspections
21 Planning Applications For Determination By The Committee
22 The Planning White Paper - Proposed Response By Babergh
23 Planning Applications For Determination By The Committee
24 Request For A Minor Amendment To Application Reference B/05/00179/FUL - Change Of Use Of Class A4 (Public House) And Alterations And Construction Of New Vehicular Access - 67 - 70 North Street, Sudbury
PRESENT: Mr C W Arthey – Vice-Chairman (in the Chair)
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Mr P G Gibson
Mr P J Holbrook
Mr L S Johnson
Mr P Jones
Mr D H Keane
Mr B L Lazenby |
Mr D C Rose
Mr R W Thake
Mrs C A Todd
Mr A J Ward
Mr D B Warner
Mr G S White
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Mr P K Beer, Mr A J Hinton and Mr R C Smith were unable to be present.
It was noted that in accordance with Council Procedure Rule No. 5, a substitute was in attendance as follows:
Mr G S White (substituting for Mr A J Hinton)
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Mr P G Gibson declared a personal and prejudicial interest in Application No. B/07/00743 (Paper G43 – Item 2) by virtue of being a relative of the Applicant, and was not present during its discussion.
Mr B L Lazenby and Mr D B Warner declared personal interests in Application No. B/07/00743 (Paper G43 – Item 2) by virtue of their membership of Hadleigh Town Council, but indicated that their interests were such that they were able to speak and vote on the matter concerned.
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RESOLVED
That the Minutes of the meeting held on 13 June 2007 be confirmed and signed as a correct record, subject to the deletion of the final paragraph of Minute No. 8 relating to the declaration of an interest by Mr L S Johnson.
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None received.
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None received.
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RESOLVED
(1) That site inspections be held on Wednesday 18 July 2007 in respect of the undermentioned sites prior to consideration of the applications by the Committee:-
STUTTON
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Application No. B/07/00932 |
Full application – change of use from agricultural land to camp site (50 tents) and change of use of additional land for camp site (for organised groups and associated parking (grassed)) together with provision of facilities (sewage disposal and drinking water supply) land to the west of Alton Water Visitor Centre, Holbrook Road. |
Mr D L Wood, Ward Member for Alton, had requested a site inspection to enable Members to assess the impact of the application on the site which was adjacent to an Area of Outstanding Natural Beauty.
SUDBURY
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Application No. B/07/00694
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Full application – conversion of existing two storey building and erection of three storey building to provide 5 apartments, 1 Class A1 retail use and 1 Class A2 use, construction of new vehicular access, 36 Station Road. |
Mr N A Bennett, Ward Member for Sudbury South, had requested a site inspection to enable Members to assess the impact of the size and design of the property and how it impacts upon the street scene.
BENTLEY
Application No. B/07/00684
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Full application – erection of one single storey dwelling and construction of new vehicular access, part side garden, 4 East Mill Green. |
Dr M R Miller, Ward Member for Dodnash, had requested a site inspection to enable Members to see the access arrangements and the impact upon adjacent trees.
(2) That a panel comprising the following members be appointed to inspect the sites:
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Mr P G Gibson
Mr B L Lazenby
Mr L S Johnson
Mr D C Rose |
Mr R W Thake
Mr H N Todd
Mr A J Ward
Mr D B Warner
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Details of further objections and representations received in respect of Item Nos. 1, 2, 4, 7 and 9 were reported to the meeting and were considered and taken into account before a decision was reached in each case. In accordance with the Council’s procedure for public speaking on planning applications, representations were made as detailed below:-
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Planning Application No. |
Representations From
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B/06/01164 and B/06/01165 |
Mr P Cobbold (Agent)
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B/07/00743 |
Mr P Cobbold (Agent)
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B/07/00520 |
Mr M Pearce (Applicant)
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B/07/00010 |
Mr N Palmer (Agent)
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B/07/00686 |
Mr W Crockatt (on behalf of Applicant)
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B/07/00617 |
Mr R Morley (Parish Council)
Mr C Wilkie (on behalf of Applicant) |
RESOLVED
That subject to the imposition of conditions or reasons for refusal (whether additional or otherwise) in accordance with delegated powers under Council Minute No. 48(a) dated 19 October 2004 decisions on the items referred to in Paper G43 be made as follows:-
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(a) WHERSTEAD
Application No. B/06/01164 and
B/06/01165/LBC
Paper G43 – Item 1
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Full Application and Application for Listed Building Consent – conversion of and alterations to agricultural buildings to form detached dwelling and cartlodge, barns at Redgate Farm, Redgate Lane.
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Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission a motion of approval was moved as Members did not accept the need for a marketing campaign.
RESOLVED
(1) That, subject to the receipt of a satisfactory structural survey and a bat survey and satisfactory revision to the scheme to overcome the highway objections (as varied by the CHA), the Chief Planning Control Officer be authorised to grant planning permission subject to the following condition:-
- Fire hydrant
(2) That in the event of a satisfactory outcome not being secured in respect of the items referred to in Resolution (1) above the Chief Planning Control Officer be authorised to refuse planning permission for the following reasons:-
- Inadequate or unsatisfactory structural survey causing scheme to be contrary to policy CR19.
- Inadequate or unsatisfactory bat survey causing proposal to be detrimental to wildlife contrary to policy.
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(b) HADLEIGH
Application No. B/07/00743
Paper G43 – Item 2 |
Full Application – change of use from retail shop (with accommodation) to 1No. dwellinghouse, Vintage 2 Vogue, White Horse House, Stone Street.
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RESOLVED
That planning permission be refused for the reasons contained in Item 2 of Paper G43.
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(c) EAST BERGHOLT
Application No. B/07/00520
Paper G43 – Item 4
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Full Application – erection of single storey front extension and attached single garage, Chestnut View, Gaston Street.
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RESOLVED
That planning permission be granted subject to the condition recommended in Item 4 of Paper G43.
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(d) ELMSETT
Application No. B/07/00010
Paper G43 – Item 6
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Full Application – continued use of redundant agricultural buildings, Building Nos. 4, 7, 10, 11, 12 and 13 for Class B8 (storage). Change of use of redundant agricultural buildings, Unit Nos. 2, 8 and 14 to Class B8 (storage), Gate Farm, Ipswich Road.
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Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission a motion of approval was moved as Members were in agreement with the summarised comments contained in the highway assessment from an independent transport consultant which had been requested by the Committee (paragraph 33 of Item 6 of Paper G43).
RESOLVED
(1) That planning permission be granted subject to the following conditions:-
- The development must be begun not later than the expiration of three years beginning with the date of this permission.
- No other part of the development hereby permitted shall be commenced until the existing vehicular access has been improved, laid out and completed in all respects in accordance with drawing nos KAB13 and 14. Thereafter the access shall be retained in the specified form.
- Before the development is commenced details of the areas to be provided for the loading, unloading, manoeuvring and parking of vehicles (including secure cycle storage) shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.
- No development shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a scheme of hard and soft landscaping works for the site, which shall also accurately identify the spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards institute publication “BS 5837:2005 – Trees in Relation to Construction”.
- All planting, seeding or turfing shown on the approved landscaping details shall be carried out during the first planting and seeding season (October – March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority. Any trees or shrubs which, within a period of five years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.
- The internal subdivisions of the buildings are shown on the approved site layout drawing shall be provided and shall remain in place at all times, and units shall not be combined to form larger units without the prior approved of the Local Planning Authority.
- No works shall be undertaken, including the demolition of building(s) and the construction of any hard surfaced area, to create additional areas for vehicle parking, without the prior approval in writing of the Local Planning Authority.
- The maximum amount of floor space to be occupied by any single occupier, company or group of companies, shall not exceed 522sqm.
- There shall be no outside storage of goods or materials without the prior written approval of the Local Planning Authority.
- The buildings, the subject of this planning permission, shall be used for storage and for no other purpose (including any other purpose in Class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification), notwithstanding the provisions of Article 3 Schedule 2 Part 3 Class B of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting or modifying that Order).
- The hours of operation to be submitted within 21 days from the date of this permission and agreed in writing by the Local Planning Authority and implemented as approved unless the Local Planning Authority agrees to any variation.
- Notwithstanding the provisions of Article 3, Schedule 2, Part 8 Class A of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no extension to the buildings shall be erected except in accordance with drawings showing the siting and design of such enlargement which shall previously have been submitted to and approved, in writing, by the Local Planning Authority upon formal application having been made.
- Notwithstanding the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, this permission shall only authorise the use of the premises in the manner described in the application and no further subdivision of the premises to form additional units shall be carried out without the express consent of the Local Planning Authority, first having been obtained on an application made in that behalf.
(2) That a note be added to the Decision Notice advising of the requirements regarding the removal of asbestos related materials.
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(e) ALDHAM
Application No. B/07/00686
Paper G43 – Item 7
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Full Application – change of use of agricultural building to furniture manufacturing premises, agricultural building at Park Farm, Clay Hill.
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It was reported that the views of the Environmental Health Manager had now been updated and that they now had no objections to the proposal subject to the imposition of conditions. Accordingly the Chief Planning Control Officer amended the recommendation to one of approval.
RESOLVED
That planning permission be granted subject to the following conditions:-
- The development must be begun not later than the expiration of three years beginning with the date of this permission.
- The hours of operation of the premises shall be limited to 8am – 6pm Monday-Friday, 8am – 1pm Saturdays, with no working on Sundays or Bank Holidays.
- No external working related to the permitted use shall be allowed at any time.
- All doors to the unit shall be kept closed whilst fixed and/or portable power tools are in use.
- The Rating Level of the noise emitted from the site shall not exceed the existing background noise level by more then 5db at any time. The noise level shall be determined at the façade of the nearest residential property. The measurement and assessment shall be made according to BS 4142:1990.
- Notwithstanding the provisions of Article 3 of the Town and Country Planning General Development Order 1995 (as amended), no fixed plant or machinery shall be erected on the site under or in accordance with Part 8 of Schedule 2 to that Order without planning permission having been first formerly obtained from the Local Planning Authority.
- The building shall be used for furniture manufacture and for no other purpose including any other purpose in Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 2005 (as amended) or in any provision equivalent to that Class in any other statutory instrument revoking or re-enacting that Order.
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(f) COCKFIELD
Application No. B/07/00617
Paper G43 – Item 9
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Full Application – erection of 6 No. two-storey dwellings (with associated car parking). Construction of new vehicular access, land adjacent to 4 Howe Lane.
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Prior to consideration of this application the Chairman referred to the amended report for Item No. 9 of Paper G43 that had been circulated prior to the meeting.
RESOLVED
(1) That subject to no adverse views following the current advertisement of this application as a departure, the Solicitor to the Council be authorised to secure a planning obligation under Section 106 of the Town and Country Planning Act 1990 to ensure that the dwellings are managed in such a way as to meet identified local housing needs in perpetuity.
(2) That subject to the planning obligation referred to in Resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:-
- Samples and details of Materials to be submitted
- Landscaping
- Boundary Treatment
- As recommended by CHA
- Bin storage
- Levels
- PD Restrictions – no garages, outbuildings fences walls or other means of enclosure, no alterations to the external appearance of the dwellings as approved.
(3) That in the event of the planning obligation referred in Resolution (1) above not being secured, the Chief Planning Control Officer be authorised to refuse planning permission for the following reasons:-
- Residential development in the countryside contrary to Structure and Local Plan settlement planning policies
- Failure of scheme to accord with housing needs which would be contrary to adopted policies listed above.
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The Head of Natural and Built Environment submitted a report (Paper G44) advising Members of the current consultation on its Planning White Paper, which proposes a broad range of further potential changes to the planning system. The report also outlined the implications of key aspects of these changes for Babergh and detailed a proposed response.
RECOMMENDED TO STRATEGY COMMITTEE
(1) That the scope of potential changes to the Planning system proposed under the Government’s current Planning White Paper: “Planning for a Sustainable Future” be noted.
(2) That the proposed response outlined in Paper G44 be approved subject to the following amendments:-
Paragraph 5.4 of Paper G44 and in the second bullet point, Members agreed that insufficient detail was produced on how requirements for adequate public consultation would be ensured and subsequently adhered to for nationally significant infrastructure projects.
Paragraph 5.4 of Paper G44 – in the third line of the proposed response replace the word “unlikelihood” with the word “likelihood”.
Paragraph 5.4 of Paper G44 – in the fourth line of the proposed response delete the words “are unlikely to” and replace with the words “could still”.
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Details of further objections and representations received in respect of Item Nos. 3, 5 and 8 were reported the meeting and were considered and taken into account before a decision was reached in each case.
RESOLVED
That subject to the imposition of conditions or reasons for refusal (whether additional or otherwise) in accordance with delegated powers under Council Minute No. 48(a) dated 19 October 2004 decisions on the items referred to in Paper G43 be made as follows:-
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(a) SUDBURY
Application No. B/07/00349
Paper G43 – Item 3
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Full Application – conversion and alterations of one residential two-storey dwelling to two residential flats, 27 Upper East Street.
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RESOLVED
That planning permission be granted subject to the conditions contained in Item 3 of Paper G43.
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(b) NAYLAND
Application No. B/07/00611
Paper G43 – Item 5
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Full Application – erection of 4 No. houses as affordable dwellings (existing 2 bungalows to be demolished) and new vehicular access, as amended by agents’ e-mail dated 10 July and accompanying amended plan, 25 and 26 Harpers Estate.
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RESOLVED
(1) That subject to no objections (or adverse comments) being received from the County Highway Authority, the Solicitor to the Council be authorised to secure a planning obligation under Section 106 of the Town and Country Planning Act 1990 to ensure:-
(i) That one of the dwellings proposed is managed in such a way as to meet identified housing needs in perpetuity.
(ii) The payment of contributions towards public open space provision.
(2) That subject to the planning obligation referred to in Resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant permission subject to the following conditions:-
- Materials
- Levels
- As recommended by County Highway Authority
- Landscaping
- Boundary treatment (including height of fence on eastern boundary)
(3) That in the event of the planning obligation referred to in Resolution (1) above not being secured, the Chief Planning Control Officer be authorised to refuse planning permission for the following reasons:-
- Inadequate provision of public open space (contrary to Policy HS32).
- Inadequate provision of affordable housing (contrary to Policy HS09).
- Unacceptable access width or any as recommended by County Highway Authority.
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(c) EAST BERGHOLT
Application No. B/07/00442
Paper G43 – Item 8
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Full Application – retention of gated access to a field, O.S. 0079 land adjacent Little Holt, Park Road.
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RESOLVED
That planning permission be granted subject to the condition contained in Item 8 of Paper G43.
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The Chief Planning Control Officer reported that a request for a minor amendment was received in respect of this development at the previous meeting when it was resolved:
That subject to receipt of satisfactory revisions from the agent (to include minor changes to the design and colour of windows which should be non-openable), the submitted revised plans (as amended) be accepted as a minor amendment to the approved plans under cover of Planning Permission B/05/00179/FUL.
Following this decision, the agent has written to the Council to advise that:
North Street Elevation/Ground Floor Windows
- The windows have been manufactured and installed and are currently openable which I understand is not the preferred option (by the Council). Our clients are fully aware of the restriction on sound levels in the current planning approval and will abide by that ruling.
- Therefore if amplified sound to the accepted levels is played, the windows to North Street will have to remain closed and locked to prevent customers from inadvertedly opening them. Conversely, if no music is played then the windows can be opened.
Suffolk Road Elevation/ Ground Floor Design (Fixed Windows)
- Concur with the Sudbury Society’s views (contained in the earlier agenda report) regarding the difficulty in improving the façade of this patchwork building which have been added to on many occasions in the past. In relation to the window design, the intention was to breakdown some of the larger expanses of shop front type glazing and soften the outlook from the inside and also breakdown the scale onto the fairly uninteresting street scene of Suffolk Road. Further there were certain structural issues during the demolition stages that required the modification of the fenestration to ensure that previously hidden columns were not directly behind windows.
- Also taken the time to get this minor amendment to this stage for consideration. Therefore we would recommend the above proposal as submitted and detailed.
The Chief Planning Control Officer advised that given the impact of the proposed changes, the current approved scheme and the street scene (as they have been installed) it is considered that the proposed changes are acceptable as submitted providing that if the current appeal is allowed the windows are kept closed to prevent noise emissions from the building (i.e. permanently fixed closed).
RESOLVED
That subject to the receipt of satisfactory confirmation from the agent that the windows are to be permanently fixed closed, the submitted revised plans (as amended) be accepted as a minor amendment to the approved plans under cover of planning permission B/05/0179 in respect of 67 – 70 North Street, Sudbury.
Note: The meeting was adjourned between 11.05 and 11.25 am for refreshments.
The business of the meeting was concluded at 1.05 pm.
Chairman
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