MINUTES OF A MEETING OF THE DEVELOPMENT COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON WEDNESDAY 31 JANUARY 2007

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• 70 - Substitutes,
• 71 - Declaration of Interests,
• 72 - Minutes,
• 73 - Petitions,
• 74 - Questions from Members,
• 75 - Planning Applications for Determination by the Committee,
• 76 - Planning Performance,

PRESENT: Mr C W Arthey – Chairman

Mr P J Holbrook and Mr J J Quinlan were unable to attend.

Mr C J Hunt, Ward Member for Nayland was present at the meeting for Item Nos. 7 and 10 of Paper F172 and spoke on the items with the consent of the Chairman.

70     SUBSTITUTES

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

Ms J A Jenkins (substituting for Mr P J Holbrook)

Mr J M Owen (substituting for Mr J J Quinlan)

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71     DECLARATION OF INTERESTS

Mr A J Hinton declared a personal interest in Application No. B/06/02047 (Paper F172 – Item 14) by virtue of being the Chairman of East Bergholt Parish Council. He stated that the application had been discussed at a meeting of the Parish Council where he had been present, but his interest was such that he was able to speak and vote on the matter concerned.

Mr N MacMaster subsequently declared a personal and prejudicial interest in Application No. B/06/2057 (Paper F172 – Item 1) by virtue of being a shareholder in the company making the application and withdrew from the meeting during consideration of the item.

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72     MINUTES

RESOLVED

That the minutes of the meeting held on 3 January 2007 be confirmed and signed as a correct record.

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73     PETITIONS

None received.

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74     QUESTIONS FROM MEMBERS

None received.

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75     PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Details of further objections and representations received in respect of Item Nos. 1, 2, 7, 8, 9 and 14 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:-

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 F172 be made as follows:-

(a) HARTEST

Members noted that this application was deferred from the Development Committee meeting held on 6 December 2006, not 12 December as shown in the report.

RESOLVED

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

· Permitted development rights removed regarding extensions, outbuildings, screen walls and fencing and roof extensions / alterations

· Conditions required by County Highway Authority

· As recommended by Suffolk Wildlife Trust

· Samples of materials

· Details of hard and soft landscaping

· Details of any external lighting

(b) WHERSTEAD

RESOLVED

(1) That subject to the receipt of additional information relating to drainage and land contamination issues and resolution of the Environment Agency objection, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:-

· Samples of materials

· Hard and soft landscaping

· Levels

· Precise details of the mobility access ramp to be agreed

· External lighting to be agreed

· Retail sales area to be confined to that shown on the submitted drawing

· No insertion of mezzanine floors without submission of a formal application for planning permission

· Existing chandlery floor area to cease trading at an agreed time

· Alternative to previously granted chandlery building and chandlery extension

· Office building to be restricted to class B1 office use

· Range of products sold to be restricted to an agreed list

· As recommended by County Highway Authority

· As recommended by Environment Agency (including any drainage or land contamination / remediation requirements)

· Hours of operation (as applied for)

(2) That in the event of the additional information relating to drainage and land contamination issues not being received, or the Environment Agency objection not being resolved, the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:-

· In the absence of sufficient information regarding drainage and land contamination the development does not accord with policies ENV5, ENV13, EN18 and EN19.

(c) LEAVENHEATH

RESOLVED

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

· Hard and soft landscaping

· Materials

· Site levels

· Flood lighting / external lighting

· Stacking heights and storage within defined area

· Operating hours

· Screen walls and fences

· No additional mezzanine floor

· No extension, improvement or alteration without prior permission

· No retail sales

· Timetable of works for demolition of existing buildings

· No additional hard surfacing

· No external plant or equipment without prior permission

· Machinery restricted to that specified in the application submission

· As recommended by County Highway Authority

(d) STOKE BY NAYLAND

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion of approval was moved because Members did not consider the proposal to be detrimental to the character and appearance of the Conservation Area or the landscape quality of the Area of Outstanding Natural Beauty. Members also agreed that it would be a sustainable development that would encourage local employment opportunities.

RESOLVED

That planning permission be granted subject to such conditions as the Chief Planning Control Officer considers appropriate, but to include the following:-

· Landscaping / Screening

· Control of external lighting

· Details for ventilation of boiler room

· No first floor windows to overlook neighbouring properties.

(e) COCKFIELD

RESOLVED

(1) That subject to the outstanding matters in the assessment section of the report being satisfactorily resolved (see paragraphs 45 and 46 of Item 8 of Paper F172) 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 housing needs in perpetuity

· Secure a financial contribution to the provision or upgrading of existing areas of public open space

(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 County Highway Authority

· Any as required following submission of further plan details (e.g. – bin storage)

· Provision of pedestrian footpath link

· Drainage (any as recommended by Anglian Water or Head of Contract and Asset Management)

· Levels

· Permitted development restricted – obscure glass to bathroom window on unit 4

· Permitted development restrictions – no garages, outbuildings, fences, walls or other means of enclosure, no alterations to the external appearance of the dwellings as approved

· As recommended by the Environment Agency

· Archaeology

(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:-

· Residential development in the countryside contrary to Structure and Local Plan settlement planning policies

· Failure of scheme to accord with housing needs and public open space contributions and unsatisfactorily designed scheme which would be contrary to adopted policies listed above

(f) HADLEIGH

Members noted that the reference to Policy HS09 on page 75 of the report should read Policy HS15.

RESOLVED

(1) That the application be referred to the Secretary of State in accordance with the referral arrangements outlined in the Town and Country Planning (Residential Development on Greenfield Land) (England) Direction 2000.

(2) That providing that the application is not called in for determination by the Secretary of State, the Solicitor to the Council be authorised to secure a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 regarding:-

· Phasing

· Educational contributions

· Affordable housing

· Highway improvements (including new roundabout and offsite works) and their timing

· Rights of Way improvements and cycle ways

· Travel Plan

· Open space

· Hadleigh wilderness maintenance

· Maintenance of flood compensation area

· Community provision (including healthcare and public transport)

· Provision of waste transfer station

· Such other obligations as the Solicitor to the Council and the Chief Planning Control Officer consider appropriate

(3) That subject to the Planning Obligation referred to in Resolution (2) above being secured, and subject to no new issues arising from the revised access arrangements reconsultation exercise, the Chief Planning Control Officer be authorised to grant outline planning permission subject to conditions to include the following:-

· Standard Outline conditions

· Standard Reserved Matters conditions

· Hours of construction

· As recommended by County Highway Authority

· As recommended by fire officer

· Archaeology

· Design codes

· Prior agreement of a noise / lighting / hours of operation control scheme for any individual plot prior to any development commencing

· Hours of operation

· Noise limits

· Levels

· Structural landscaping

· Landscape management

· Material samples

· Flood lighting / external lighting details

· Wildlife mitigations measures

· As recommended by Environment Agency

· Balancing meadow details

· Drainage

· Any as considered appropriate by the Chief Planning Control Officer

(g) NAYLAND WITH WISSINGTON

RESOLVED

That planning permission and listed building consent be granted subject to the following conditions:-

· Materials

· Colours

· Fenestration

· Parking / manoeuvring areas to be provided (planning permission only)

The meeting adjourned for lunch at 1.28pm and resumed at 2.00pm when the following Members were present:-

Mr C W Arthey – Chairman

(h) LONG MELFORD

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 but that approval is withheld because of the unsatisfactory design and siting to the detriment of the character and appearance of the locality.

(i) LAWSHALL

RESOLVED

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

· As recommended by the County Highway Authority (to include parking and turning areas)

· Boundary treatment details to be submitted

(j) LAWSHALL

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 secure a contribution towards the provision of public open space.

(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 and detailing

· Hard and soft landscaping

· As recommended by County Highway Authority

· Levels

· Removal of general permitted development rights for new openings

· Removal of general permitted development rights for outbuildings and extensions

· Details of proposed means of enclosure

(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 reason:-

· Non payment of contribution towards public open space.

(k) LAYHAM

RESOLVED

That planning permission be granted.

(l) RAYDON

RESOLVED

That planning permission be granted.

(m) NAYLAND WITH WISSINGTON

RESOLVED

That planning permission be granted.

(n) EAST BERGHOLT

RESOLVED

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

· Surface treatment of parking area and footpath

· Landscaping

· Protection of existing trees during construction

· As recommended by County Highway Authority

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76     PLANNING PERFORMANCE

The Chief Planning Control Officer introduced a report (Paper F173) 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 11.14am and 11.30am for refreshments.

The business of the meeting was concluded at 2.30pm.

Chairman