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 19 JULY 2006

Mr C W Arthey – Chairman

Mrs E F Bates, Mr D H Keane and Mr N MacMaster were unable to attend.

Mr B D Hurren, Ward Member for Boxford, was present at the meeting for Item No. 1 of Paper F48 and spoke on the item with the consent of the Chairman.

Ms J A Jenkins, Ward Member for Leavenheath was present at the meeting for Item No. 12 of Paper F48 and spoke on the item with the consent of the Chairman.

24 SUBSTITUTES

It was noted that in accordance with Council Procedure Rule No. 5 substitutes were in attendance as follows:-

Mr C J Hunt (substituting for Mrs E F Bates).

Mr H N Todd (substituting for Mr D H Keane).

25    DECLARATION OF INTERESTS

Mr P J Holbrook declared a personal interest in Application No. B/06/00886 (Paper F48 – Item 7) by virtue of his wife being a member of Bures Parish Council where the application had been discussed, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Mr R W Thake declared a personal interest in Application No. B/06/00503 (Paper F48 – Item 1) by virtue of being acquainted with a neighbour of the applicant, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Mr P Jones and Mr D C Rose declared personal interests in Application No. B/06/00917 (Paper F48 – Item 9) by virtue of being Members of the Pin Mill Task Group which had generated an initiative that had resulted in the application, but indicated that their interests were such that they were able to speak and vote on the matter concerned.

Mr P J Holbrook declared personal interests in Application Nos. B/06/00578 and B/06/00579 (Paper F48 – Items 12 and 13) by virtue of having met the applicants when he visited Mill Farm on one occasion, but indicated that his interest was such that he was able to speak and vote on the matters concerned.

Mr A J Hinton declared a personal interest in Application No. B/06/00430 (Paper F48 – Item 10) by virtue of being Chairman of East Bergholt Parish Council where the application had been considered, but indicated that he took no part in the discussion. He also declared a prejudicial interest in the application by virtue of living 3 doors away from the application site and therefore the development would have an impact on his property. Mr A J Hinton withdrew from the meeting during consideration of this item.

Mr A J Hinton declared a personal interest in Application No. B/06/00699 (Paper F48 – Item 20) by virtue of being Chairman of East Bergholt Parish Council where the application had been considered, but indicated that he took no part in the discussion and therefore his interest was such that he was able to speak and vote on the matter concerned.

Mr P J Holbrook, Mr C J Hunt, Mr P Jones, Mr C D Kerr, Mr B L Lazenby and Mr J J Quinlan all declared personal interests in Application No. B/06/00884 (Paper F48 – Item 24) by virtue of being members of the Licensing and Appeals Committee, a Sub Committee of which had considered the Licensing Application for this location. Their interest was such that they were able to speak and vote on the matter concerned.

Mr P J Holbrook, Mr C J Hunt, Mr P Jones, Mr C D Kerr, Mr B L Lazenby and Mr J J Quinlan subsequently declared personal interests in Application No. B/06/00901 (Paper F48 – Item 14) by virtue of being members of the Licensing and Appeals Committee, a Sub Committee of which had considered the Licensing Application for this property. Their interest was such that they were able to speak and vote on the matter concerned.

26     MINUTES

RESOLVED

That the Minutes of the meeting held on 21 June 2006 be confirmed and signed as a correct record subject to the following wording being added to Minute No. 23 Item (a) Resolution (1), second bullet point. “and a contribution to the provision of the links beyond the site boundary”.

27     PETITIONS

The Head of Corporate Services reported that in accordance with the Council Procedure Rule No. 13 a petition had been submitted to the Chief Executive relating to:-

Application No. B/06/00858/FHA – erection of single storey side/rear extension, 32 Collimer Close, Chelmondiston (signed by approximately 27 residents). Members noted that in accordance with the procedure rules the Chief Executive would report the receipt of the petition to the Council meeting on 1 August 2006.

28     QUESTIONS FROM MEMBERS

None received.

29     SITE INSPECTIONS

RESOLVED

(1)     That a site inspection be held on Wednesday, 26 July 2006 in respect of the undermentioned site, prior to consideration of the application by the Committee:-

Mr B D Hurren, Ward Member for Boxford requested a site inspection to enable Members to assess the impact of the proposed development on residential amenity and highway safety.

(2)     That a panel comprising the following Members be appointed to inspect the site:-

30     PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Details of further objections and presentations received in respect of Item Nos. 1, 3, 4, 8, 9, 10, 11, 12, 13, 15, 17, 18, 20, 22, 23 and 24 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:-

Planning Application No. Representations From

B/06/00503 Mr Norton (Applicant)

B/06/00886 Mr Conway (Agent for the applicant)

B/06/00611 Mr Tarry (Objector)

B/06/00578 Mr Hestletine (Friend of the applicant)

Planning Application No. Representations From

B/06/00646 Mr Morley (Objector)

B/06/00606 & B/06/00607 Mr Steel (Representing Shotley Parish Council)

& B/06/00608 Mr Romansky (Agent for an Objector)

Mr Aslan (One of the Applicants)

B/05/00422 Mr Malster (Objector)

RESOLVED

That subject to the imposition of conditions or reasons for refusal (whether additional or otherwise), in accordance with the delegated powers under Council Minute No. 48(a) dated 19 October 2004, decisions on the items referred to in Paper F48 be made as follows:-

Members noted that the description of the application should be amended to read “change of use of outbuilding and extension and alteration to form micro brewery, storage, office and tractor shed”. Notwithstanding the recommendation of the Head of Planning (Control) to refuse planning permission, a motion of approval was moved because Members considered that the proposal would enhance the site and the setting of the Listed Building and would not have a detrimental effect on the Listed Building that had previously been unsympathetically extended to the rear and side, already impairing to some extent its character and setting. They also agreed that an important factor to consider was that this application would help to secure the financial viability of an existing village facility.

RESOLVED

That planning permission be granted.

RESOLVED

That planning permission be refused for the following reasons:-

- unsustainable development – contrary to PPG3, PPS7, PPG13, CS1, CS3, CS10, ENV6, HS02 and HS04

RESOLVED

That the Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

- opening hours
- as recommended by the Head of Natural and Built Environment

RESOLVED

That planning permission be granted subject to the following conditions:-

- as recommended by County Highway Authority
- no additional windows at first floor level
- screen walls and fences
- levels
- landscaping
- PD Rights removed for alterations – extension and outbuilding
- materials

Notwithstanding the recommendation of the Head of Planning (Control) to approve planning permission, a motion of refusal was moved because Members considered the proposal to be an un-neighbourly form of development that was out of character with the area and greatly overbearing. On being put to the vote this motion was lost.

RESOLVED

That planning permission be granted subject to the following conditions:-

- materials, detailing and finishes to match existing dwelling
- first floor window on rear elevation (serving en-suite) to be glazed and retained in obscure glass
- County Highway Authority standard condition

Members noted that English Nature had commented that they did not consider the bat survey to provide adequate information. Notwithstanding the recommendation of the Head of Planning (Control) to refuse planning permission a motion of approval was moved because Members considered the proposal to be in accordance with Policy CR18 and that it would provide an acceptable alternative use of a redundant traditional building of some character. Further, it would be advantageous to the rural economy and Assington Village. They were also of the opinion that the development would be sustainable because there is a good public bus service in Assington, with several buses passing the end of the access road each day.

RESOLVED

The Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

- submission of an acceptable bat survey

Members noted that English Nature had commented that the bat survey did not provide adequate information.

RESOLVED

The Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

- as recommended by County Highway Authority
- fenestration details
- building to be used only as holiday accommodation
- submission of an acceptable bat survey

RESOLVED

That planning permission be granted, subject to the following condition:-

- hours of opening (as applied for)

RESOLVED

That planning permission be granted subject to the following condition:-

- colour to be all grey

Mr A E Pearce, Ward Member for Sudbury (East) requested a site inspection of the application site and the current premises of the applicant to assess the impact of the proposal on the surrounding area.

RESOLVED

(1)     That consideration of the recommendation of the Head of Planning (Control) contained in (j) above be deferred

(2)     That a site inspection be held on Wednesday 26 July 2006, that the Panel of Members appointed under Minute 29 above inspect the site and that a report thereon be submitted to the next meeting of the Committee if appropriate.

RESOLVED

That planning permission be granted subject to the following conditions:-

- as recommended by the County Highway Authority
- landscaping
- materials
- one market per calendar month
- pollution control
- archaeology watching brief
- provision of ‘SLOW’ marking on the carriageway of the C453

RESOLVED

That it be noted that this item had been withdrawn from the Agenda by the Chairman, in consultation with the Head of Planning (Control) as the information in the report was not full and accurate.

RESOLVED

B/06/00606

(1)     That the Solicitor to the Council be authorised to secure a supplementary Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to secure satisfactory access arrangements after construction of 70 dwellings.

(2)     That subject to the supplementary Planning Obligation referred to in Resolution (1) being secured, the Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

- no more than 70 dwellings to be constructed under planning permission B/91/00723/OUT until highway improvements provided in the form of the roundabout junction, link road and estate road
- as recommended by County Highway Authority
- completion of improvement works to King Edward VII Drive (either Application B/06/00607 or B/06/00608)
- works to take place between the months of October and February

(3)     That in the event of the supplementary Planning Obligation referred to in Resolution (1) above not being secured, the Head of Planning (Control) be authorised to refuse planning permission for the following reason:-

- as recommended by County Highway Authority

B/06/00607 and B/06/00608

(1)     That subject to the satisfactory revision to the Section 106 Obligation, the Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

- details of retaining works including facing materials
- details of sea wall including facing materials
- hard surfacing materials
- landscaping
- completion of improvement works to King Edward VII Drive (either Application B/06/00607 or B/06/00608)
- works to take place between the months of October and February
- as recommended by County Highway Authority

(2)     That in the event of the Section 106 Obligation referred to in Resolution (1) above not being satisfactorily revised, the Head of Planning (Control) be authorised to refuse planning permission for the following reason:-

- as recommended by County Highway Authority

The meeting adjourned for lunch at 1.45 p.m. and resumed at 2.05 p.m. when the following Members were present.

Mr C W Arthey – Chairman

Notwithstanding the recommendation of the Head of Planning (Control) to grant planning permission, a motion of refusal was moved because Members considered that the new access would have a detrimental impact on the street scene and there was the possibility of damage to overhead branches of protected trees from large vehicles. A substantive motion of deferral was then proposed so that an independent highway view could be obtained as Members were concerned that the proposal may also have a detrimental effect on highway safety.

RESOLVED

That consideration of this application be deferred.

RESOLVED

That the Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

- materials
- landscaping (including driveway surface treatment and tree protection measures)
- as recommended by County Highway Authority
- parking area serving Tynwald to be provided and retained thereafter
- removal of PD rights in relation to extension/alterations and outbuildings
- boundary treatment
- levels

RESOLVED

That planning permission be granted, subject to the following conditions:-

- any as recommended by County Highway Authority
- materials
- removal of PD rights in respect of extensions

RESOLVED

That the applicants be advised that the prior approval of the Local Planning Authority is required for the siting and design of the development and that approval is given.

RESOLVED

That planning permission be granted, subject to the following condition:-

- hours of opening (as applied for)

RESOLVED

That planning permission be granted, subject to the following condition:-

- PD Rights removed for the insertion of new windows at first floor level

RESOLVED

That planning permission be granted, subject to the following conditions:-

- removal of PD Rights for extensions
- landscaping and boundary treatment
- retention of hedge on eastern boundary

It was noted that English Nature was opposed to the application because of its proximity to the Site of Special Scientific Interest, Special Protection Area and Ramsar Site. To demonstrate how disturbance to the site is to be avoided a method statement of works should be submitted by the applicant for consideration by English Nature.

RESOLVED

(1)     That subject to the outstanding issues being resolved in consultation with English Nature, the Head of Planning (Control) be authorised to grant planning permission.

(2)     That in the event of the outstanding issues referred to in Resolution (1) above not being resolved, the Head of Planning (Control) be authorised to refuse planning permission for the following reasons:-

- contrary to policies EN01 and EN08 as the development would have a material adverse impact on existing Special Protection Areas, Ramsar site, Site of Special Scientific Interest and the estuary and their landscape setting would be compromised

RESOLVED

That planning permission be granted subject to the following conditions:-

- materials
- fenestration details
- boundary treatment details
- hard and soft landscaping scheme (including details of surface treatment to access track and turning area)
- County Highway Authority condition

RESOLVED

(1)     That the Solicitor to the Council be authorised to secure a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 in respect of public open space contributions.

(2)     That subject to the Planning Obligation referred to in Resolution (1) above being completed the Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

- materials to be submitted (including reuse/recycling of materials arising from the demolition works)
- proposed boundary treatments
- finished ground floor levels relative to existing and proposed finished ground levels
- as recommended by County Highway Authority – improvements to the access, provision of visibility splay
- use class restriction to shop units (A1)
- drainage details including routes, services pipes and cables, location and depth of soakaways etc
- archaeological

(3)     That in the event of the Planning Obligation referred to in Resolution (1) above not being completed, the Head of Planning (Control) be authorised to refuse planning permission for the following reason (as maybe appropriate):-

- inadequate provision of public open space and play equipment (offsite)

RESOLVED

That subject to no new issues being raised as a result of the consultation exercise, the Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

- materials
- landscaping (including boundary treatment)
- as recommended by County Highway Authority
- hours of operation as stated (19.00 to 23.00 hours weekdays – as at present)
- existing building to be demolished upon completion of new hall building

31     DRAFT ANNUAL REPORT OF DEVELOPMENT COMMITTEE FOR 2005/06

The Head of Planning (Control) submitted a report (Paper F49) summarising the work of the Development Committee for the year 2005/06 and requesting Members to consider and comment on the draft report in advance of it being submitted to the Overview and Scrutiny (Community Services) Committee at its meeting on 5 September 2006. During the course of considering this report Members requested that paragraph 9 - Planning Appeals should include any awards of costs that were made either for or against the Council following appeal decisions made in the year 2005/06.

RESOLVED

That subject to the inclusion of any awards of costs made either for or against the Council following appeal decisions made in the year 2005/06 in paragraph 9, Paper F49 be adopted as the Annual Report of the Development Committee and submitted to the Overview and Scrutiny (Community Services) Committee on 5 September 2006.

32     PLANNING PERFORMANCE

The Head of Planning (Control) introduced a report (Paper F55) advising the Committee on the quarterly update figures detailing Babergh’s performance against the targets set by Central Government.

RESOLVED

That the report be noted.

Note: The meeting was adjourned between 11.25 a.m. and 11.45 a.m. for refreshments.

The business of the meeting was concluded at 4.10 p.m.

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Chairman