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, 25 JUNE 2008

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18 - Substitutes
19 - Declaration of Interests
20 - Minutes
21 - Petitions
22 - Questions from Members
23 - Site Inspections
24 - Planning Applications for Determination by the Committee
25 - Planning Position Statement: Brantham Industrial Area
26 - Planning Applications for Determination by the Committee


PRESENT:    Mr R W Thake – Chairman

Mr D H Keane was unable to be present.

Mr C M Spence Ward Member for Waldingfield was present at the meeting for Item No. 6 of Paper H50 and spoke on this item with the consent of the Chairman.

Mr A J Hinton and Dr M R Miller Ward Members for Dodnash were present at the meeting for Item No. 8 of Paper H50 and spoke on the item with the consent of the Chairman.

18    SUBSTITUTES

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

Mr N A Ridley (substituting for Mr D H Keane)

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19    DECLARATION OF INTERESTS

Mr G S White declared a personal interest in Application No. B/07/01011 (Paper H50 – Item 2) by virtue of being a member of the Fred Olsen Friends and Family Scheme but indicated that his interest was such that he was able to speak and vote on the matter concerned

Mr N A Ridley declared a personal interest in Application No. B/07/01562 (Paper H50 – Item 11) and indicated that he could speak and vote on the matter concerned.

Mr A J Ward subsequently declared a personal interest in Application No. B/08/00581 (Paper H50 – Item 8) because a relation of his wife lives in an adjacent property.  He did not speak or vote on the item.

Mr P J Holbrook subsequently declared a personal interest in Application No. B/08/00746 (Paper H50 – Item 12) by virtue of being the Council’s representative on the Dedham Vale A.O.N.B. and Stour Valley Joint Advisory Committee but indicated that his interest was such that he was able to speak and vote on the matter concerned.

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20    MINUTES 

RESOLVED

That the Minutes of the meeting held on 28 May 2008 be confirmed and signed as a correct record.

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21    PETITIONS

None received.

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22    QUESTIONS FROM MEMBERS

None received.

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23    SITE INSPECTIONS

RESOLVED

(1)    That  site inspections be held on Wednesday 2 July 2008 in respect of the under-mentioned sites prior to consideration of the applications by the Committee:-

(2)    That a Panel comprising the following Members be appointed to inspect the sites:-        

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24    PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an addendum to Paper H50 (circulated to Members prior to the commencement of the meeting) summarising additional correspondence received since the publication of the Agenda, but before 12 noon on the working day before the meeting together with errata.

Details of further objections and representations received in respect of item numbers 1, 2, 3, 4, 5, 6, 7, 8, 12, 14, 15 and 16 were reported to the meeting and were considered and taken into account before decisions were made 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/08/00796                                              Mr D Pearce (on behalf of the applicant)

B/07/01011                                              Mr M Rodwell (on behalf of the applicant)

B/08/00528 and B/08/00529/LBC       Dr P Rylott (Parish Council)
                                                                   Mr T Harbord (on behalf of the applicant)

B/08/00644                                              Mr P Kievenaar
                                                                  (on behalf of the applicant)

B/08/00588                                              Mr Steel (Parish Council)
                                                                   Mr D Taylor (Objector)

B/07/00566 and B/07/00567/LB          Mrs C Stokes (Objector)
                                                                   Mr T Harbord (on behalf of the applicant)

B/08/00581                                              Mrs S Casells (Objector)

B/07/01562                                              Mr C Leaney (on behalf of the applicant)

B/08/00351                                              Mr B Bennett (on behalf of the applicant)

B/08/00451                                              Mr P Kievenaar (on behalf of the 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 H50 be made as follows:-           

RESOLVED

(1)    That planning permission be refused for the following reasons:-

• Location not suitable to accommodate the proposal (unsustainable, town centre use, highway safety concerns)
• Adverse impact upon highway safety (without the passing bays)
• Adverse impact upon the character of the countryside (passing bays in particular, additional traffic on country lanes)

(2)    That Listed Building Consent be granted subject to conditions including:

• Materials and detailing

Back to Top (b)    BILDESTON Application No. B/08/00796 Paper H50– Item 1

Full Application – erection of 1 pair semi-detached two storey dwellings and alteration to existing vehicular access.  Erection of detached single garage to serve No. 1 Brooksfield and construction of a new vehicular access (existing garage to be demolished), 1 Brooksfield.

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to approve was moved on the grounds that approval of the application would not be contrary to Policy HS02.  Upon being put to the vote this motion was lost.

RESOLVED

That planning permission be refused for the following reasons:-

• Contrary to policies HS02, HS28, HS30 and CN01
• Contrary to policies HS32 
  

Back to Top (c)    PINEWOOD Application No. B/07/01011 Paper H50 – Item 2

Full application – Erection of new headquarters building with associated car parking and external works for Fred Olsen Cruise Lines Ltd as amended by drawing nos. GA052PA and 33570/C/13 and agent’s letters dated 24 September and 22 November 2007 and further amended by agent’s letters and drawings dated 9 April 2008 and 2 May 2008, land bounded by London Road (A1214) and Scrivener Drive.

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 to provide:

• A contribution of £60,000 for future traffic improvement works at the Tesco Roundabout
• Highway improvement works to Scrivener Drive, including road widening, footways and cycleways, road crossings and road markings in accordance with the details on drawing 33570/C/13/E 

(2)    That, subject to the Planning Obligation in Resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:

(3)    That in the event of the Solicitor to the Council being unable to secure the Planning Obligation in the form required in Resolution (1) above, authority be given to secure a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to provide:

subject to the highway improvement works to Scrivener Drive described in bullet point two of Resolution (1) above being provided by way of a condition to be attached to the grant of any planning permission.

(4)    That subject to the Planning Obligation referred to in Resolution (3) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to the conditions specified in Resolution (2) above with the addition of a negative highway condition requiring off-site highway improvements.

(5)    That in the event of neither of the Planning Obligations referred to in Resolutions (1) and (3) above being secured, the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:

Back to Top (d)    LONG MELFORD Application No. B/08/00528 and B/08/00529/LBC Paper H50 – Item 3

Full application and application for Listed Building Consent – erection of outbuilding Westgate Park, Westgate Street.

RESOLVED

That planning permission and Listed Building Consent be refused for the following reason: -

Back to Top  (e)    WOOLVERSTONE Application No. B/08/00644 Paper H50 – Item 5

Full application – Erection of extension comprising triple garage with store/studio space over, as amended by plan received relating to retention of trees, Deer Park Lodge, Mannings Lane.

RESOLVED

That consideration of the recommendation of the Chief Planning Control Officer contained in Item 5 of Paper H50 be deferred to enable further information to be obtained:--

• Relating to the effect of the retained tree on the building – screening etc.
• To enable Natural England to comment further. 

Back to Top (f)        GREAT WALDINGFIELD Application No. B/08/00588 Paper H50 – Item 6

Full application – change of use of agricultural buildings to Class B1 (Light Industrial) Use.  Construction of vehicular access and parking areas, buildings at White Hall Farm, Valley Road.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, a motion to refuse for reasons relating to the effect of possible uses on residential amenity was moved.  Upon being put to the vote this motion was lost.

RESOLVED

(1)       That planning permission be granted subject to conditions including:- 

Hours of operation (hours of use to be 08.00 to 18.00 Monday to Friday 08.00 to 13.00 on Saturday and at no time Sundays and Bank Holidays

• As recommended by LHA
• No floodlighting or other means of external lighting (unless separate planning permission granted)
• No working, storage or display outside the buildings
• No retail sales from the site
• Landscaping
• Withdrawal of GPDO rights for means of enclosure
• Protected species
• Drainage (SW and sewerage)
• Archaeology condition 

(2)    That an informative note be attached to the issue of planning permission drawing the applicant’s attention to B1 uses.                       

Back to Top (g)    EAST BERGHOLT Application No. B/08/00581 Paper H50 – Item 8

Full application – Erection of 2 detached bungalows (with rooms within the roof space) and detached pair of garages (existing bungalow “Briarways” to be demolished).  Alterations to existing vehicular access, Briarways, Heath Road.

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, to provide:

(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 conditions, including:

• Materials
• Levels (finished ground floor levels in relation to existing and proposed finished ground levels)
• Landscaping scheme
• Details of proposed boundary treatments
• Removal of GPDO rights for the insertion of new openings above ground floor level (including the roof of the dwellings and garage)
• Removal of GPDO rights for extensions and outbuildings
• As recommended by LHA 

Back to Top (h)       HINTLESHAM Application No. B/08/00531 Paper H50 – Item 9

Full application – Erection of 2 detached two storey dwellings with shared detached double garage (existing dwelling to be demolished).  Construction of new vehicular access, Teretia, Duke Street.

RESOLVED

(1)    That subject to resolution of the comments raised by the Local Highway Authority in its e-mail of 25 June 2008 the Solicitor to the Council be authorised to secure a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to provide:

(2)    That, subject to the Planning Obligation referred to in Resolution (1) above being secured, and amended plans showing a revised access parking and turning area to the satisfaction of the Local Highway Authority, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:-

• Standard time limit
• Details of materials
• Landscaping scheme including details of all boundary treatment
• Removal of Schedule 1 Parts 1 (Class A – E) and 2 Permitted Development rights (extensions, outbuildings, fences and walls)
• Details of hard landscaping
• Retention of parking spaces and turning area
• As recommended by LHA 

(3)    That, in the event of the Planning Obligation referred to in Resolution (1) above not being secured, or in the event that the comments raised by the Local Highway Authority are not resolved, the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:

    and/or

Back to Top (i)    HINTLESHAM Application No. B/07/01562 Paper H50 – Item 11

Full application – continued use of farm buildings for the retail sale of mother and baby/nursery items and play equipment.  As amended by applicant’s letter dated 08/01/08. Retention of outside play area, as amended by revised site plan received on 16/05/08, College Farm, Back Road.

Members considered that, notwithstanding the recommendation of the Chief Planning Control Officer, the requirement for a landscaping scheme was not necessary in view of the location of the site.

RESOLVED

That planning permission be granted.

Back to Top  (j)    SUDBURY Application No. B/08/00351 Paper H50 – Item 13

Full Application – alteration and extension to existing Nursing Home to create additional accommodation and improve facilities.  Creation of additional parking, Chilton Croft Nursing Home.

RESOLVED

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

• Materials to match existing
• Fenestration detailing as per submitted plan
• No new openings to be inserted
• Parking to be provided and retained

Back to Top (k)    HADLEIGH Application No. B/06/02146 Paper H50 – Item 15

Full application – Erection of 8 two-storey dwellings with associated garages and construction of new vehicular access (as amended by agents letter dated 02/03/07 and accompanying amended plans and report (prepared by Chris Vine) received by the Local Planning Authority on 22/03/07, and further amended plans [Drawing Nos.  3772/01, /02A.  /03A, /04A, /05A, /07, and /08] received by the Local Planning Authority on 03/12/07), as further amended by plan received, land off Grays Close, Hadleigh.

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 to provide:

(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:

• Materials
• As recommended by the LHA
• Levels
• Landscaping  

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Note:    The meeting adjourned for lunch at 1.35 pm and resumed at 2.00 pm when the following Members were present.

Mr R W Thake – Chairman 

Mr C W Arthey Mr P K Beer Mr J R B Cave Mr P G Gibson Mr P J Holbrook Mr L S Johnson Mr P Jones

Mr B L Lazenby Mr N A Ridley Mr D C Rose Mr A J Ward Mr G S White Mr R Whiting

25.    PLANNING POSITION STATEMENT: BRANTHAM INDUSTRIAL AREA

The Head of Natural and Built Environment submitted a report (Paper H51) asking Members to recommend to Strategy Committee that the Planning Position Statement attached as Appendix A to the report be adopted and published.  He answered Members’ questions on various matters contained in the Statement.

RECOMMENDED TO STRATEGY COMMITTEE

That the adoption and publication of the Planning Position Statement:  Brantham Industrial Area attached as Appendix A to Paper H51 be approved subject to the Head of Natural and Built Environment being authorised to make any minor amendments and updates.

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26.    PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

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 H50 be made as follows: -

(a)    STRATFORD ST MARY Application No. B/08/00401 Paper H50 – Item 4

Full application – retention of storage building, Brook Farm, School Lane.

Notwithstanding the recommendation of the Chief Planning Control Officer, a motion to refuse planning permission, on the grounds of adverse effect on residential amenity, was moved.  Upon being put to the vote the motion was lost. 

RESOLVED

That planning permission be granted.

Back to Top (b)    BELSTEAD Application No. B/08/00829/TEL Paper H50 – Item 10

Notification under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) – The installation of 1 15m pole with 2 antenna and equipment cabinets and ancillary development, Grove Cottage, Grove Hill.

RESOLVED

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

• Details of the colour of the pole to be submitted
• Works to be carried out in accordance with the details submitted
• Removal when no longer needed 

Back to Top (c)    STOKE BY NAYLAND  Application No. B/08/00746 Paper H50 – Item 12

Full application – change of use of part field to form extension to amenity area for The Crown, including construction of new driveway, Land East of The Crown, Park Street.

RESOLVED

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

• Use of land restricted to amenity use only
• Details of lockable parking post to be submitted
• Landscaping
• No external lighting 

Back to Top (d)    LONG MELFORD  Application No. B/08/00451/FUL Paper H50 – Item 14

Full Application – erection of 2 detached single-storey dwellings with associated garaging.  Construction of a new vehicular access as amended by drawings received, Land west of Phylward House and Coppers and Crowbrook, Rodbridge Hill.

 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, to provide:

 (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:

• Materials
• As recommended by Environmental Services
• As recommended by LHA
• Boundary treatment/means of enclosure
• Remove permitted development – Classes B and C
• Standard levels condition 

(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 for affordable housing (policy HS09)
• Inadequate provision for public open space/play equipment (policy HS32 and PPG17). 

Back to Top (e)    EDWARDSTONE Application No. B/08/00781/DPA Paper H50 – Item 16

Application for change of use of soft landscaping area to tarmac parking area (7 car park spaces) for residents, Land South of 16 Mill Green.

RESOLVED

That planning permission be granted.

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Note:    The meeting was adjourned between 11.05am and 11.25 a.m. for refreshments.

The business of the meeting was concluded at 3.10 p.m.

Chairman