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, 4 JANUARY 2006

            PRESENT:            Mr R W Thake - Chairman

            Mr N MacMaster was unable to attend. 

            Mr G S White, Ward Member for Mid Samford was present at the meeting for Item No 6 of Paper E232 and spoke on the item with the consent of the Chairman.

            Mr C J Hunt, Ward Member for Nayland was present at the meeting for Item No 7 of Paper E232 and spoke on the item with the consent of the Chairman.

            Dr M R Miller, Ward Member for Dodnash was present at the meeting for Item No 12 of Paper E232 and spoke on the item with the consent of the Chairman.

77        DECLARATION OF INTERESTS

Mr P K Beer declared a personal interest in Application No B/05/1746 (Paper E232 Item 9) by virtue of his position as Chairman of Great Cornard Parish Council, and having attended the opening of the site in this capacity, but confirmed that his interest was such that he was able to speak and vote on the matter concerned. 

Mr A J Hinton declared a personal interest in Paper E234 by virtue of his position as Chairman of East Bergholt Parish Council and confirmed that his interest was such that he was able to speak and vote on the matter concerned.

78        MINUTES

RESOLVED

            That the Minutes of the meeting held on 7 December 2005 be confirmed and signed as a correct record subject to the following amendments:

            Minute No 75 Item (a) the wording to be amended to read “Members did not consider that the application failed to respect the proportions and scale of the host dwelling or that it would have an adverse impact upon residential amenity contrary to policies LP20, HS17 and CN01.  They also considered that the exceptional personal circumstances of the Applicant outweighed any objections to the application”. 

               Minute No 75 Item (f) the following wording to be added after “it was subsequently lost” – “Members were however keen to express that the level of affordable housing should not prejudice the economic viability of the proposed site”.

79                PETITIONS

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

Application No B/05/01685/FUL – Conversion and change of use of former agricultural buildings to farm retail outlet, with ancillary café and children’s play facility, plus a plant nursery and office.  Alterations to vehicular highway and construction of passing bay, parking and servicing areas, farm buildings at Wherstead Hall, Peppers Lane.  (Signed by approximately 26 residents).  Members noted that this petition would be considered in conjunction with the relevant planning application (Paper E232 – Item 11) and that in accordance with the procedure rules, the Chief Executive would report the receipt of the petition to the Council meeting on 23 February 2006.

80        QUESTIONS FROM MEMBERS

            None received.

81           S106 OBLIGATION RELATING TO PROVISION OF INCREASE IN THE NUMBER OF BERTHS AT ROYAL HARWICH YACHT CLUB, WOOLVERSTONE, APPLICATION FOR PLANNING PERMISSION B/04/01855/FUL.

The Head of Planning (Control) submitted a report (Paper E233) regarding a S106 obligation providing for existing swinging moorings to be relinquished at Royal Harwich Yacht Club, Woolverstone.  

            RESOLVED

            That the resolution of the Development Committee of 15 December 2004 (Minute No. 98(d)) relating to planning application B/04/01855/FUL to authorise the Head of Planning (Control) to grant planning permission be confirmed.

82        PLANNING APPLICATIONS FOR DETERMINATION BY THE COUNCIL

            Details of further objections and representations received in respect of Item Nos 1, 2, 3, 4, 5, 7, 9, 10, 11, 12 and 13 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/05/01877                              Mr Whymark (Agent for the Applicant)

            B/05/01957                              Mr Morley (On behalf of Parish Council)

            Planning Application No             Representations From

            B/05/00107                              Mr Eagle (On behalf of Parish Council)

                                                            Mrs Vincent (Objector)

            B/05/02005                              Mr Amos (Applicant)

            B/05/1746                                Mr Allen (On behalf of Parish Council)

                                                            Mr Presslee (Agent for the Applicant)

            B/05/01685                             Mr Paul (Applicant)

            B/05/01971                             Mr Faiers (Applicant)

            B/05/01934                             Mr Whymark (Agent for the Applicant)

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. 63 (d) dated 27 April 1999, decisions on the items referred to in Paper E232 be made as follows:-

                        RESOLVED

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

-               as recommended by County Highway Authority

-               materials

                        Members noted that while the application would provide parking for the new properties and would improve parking facilities for existing residents, it was important that the grassed areas between the houses and the road were protected from becoming parking areas and Members requested that a landscaping condition be included to address this.

                                RESOLVED

(1)               That subject to no new material issues arising from the outstanding public consultation period 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 three of the dwellings proposed are managed in such a way as
              to meet identified housing needs in perpetuity.

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

- materials

- levels

- as recommended by County Highway Authority

- landscaping

(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:-

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

                        Members accepted officers’ conclusion that a material change of use of the shed to business purposes had not been determined but agreed that the business activity would require regular monitoring.

                        RESOLVED

                        That planning permission be granted subject to the condition:-

 
- development to be used for purposes incidental to the enjoyment of the 
  dwelling house as such

                        Notwithstanding the recommendation of the Head of Planning (Control) to refuse planning permission, a motion to grant planning permission was moved because Members considered that the proposal was in accordance with PPG3 and would enhance and preserve the character and appearance of the Conservation Area.

                        RESOLVED

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

- finished floor levels

- landscaping

                        RESOLVED

                        That it be noted that this Application had been withdrawn by the Applicant.

                        Members noted that the comments of the Environment Agency had now been received and a meeting had been arranged to include representatives from English Nature, Suffolk Wildlife Trust and the Environment Agency on 10 January 2006 to address the outstanding wildlife and landscaping issues. 

                        RESOLVED

(1)              That subject to the outstanding issues concerning wildlife and landscaping being satisfactorily resolved, the Head of Planning (Control) be authorised to approve the submission of Reserved Matters subject to the following conditions:-

- standard time limits condition
- landscaping (hard and soft including surface finish of
  access road and parking areas) and landscape maintenance
- finished ground floor levels relative to existing and proposed 
  finished ground levels
- GPDO rights removed for new openings or extensions in the roof 
  spaces of the dwellings
- service details, including routes of service pipes and cables, location
  and depths of soakaways etc.

- provision of car parking for the employment units.

(2)               That in the event that the outstanding issues referred to Resolution (1) above are not satisfactorily resolved, the Head of Planning (Control) be authorised to refuse the submission of Reserved Matters for the following reasons (as and if appropriate):-

 
                                    - development would damage important wildlife interests in the Stour 
                                      Valley
                                    - development would result in the unnecessary loss of visually 
                                      important trees

Note: Mr P K Beer voted against the decision above and requested that this be recorded in the Minutes.

                        Notwithstanding the recommendation of the Head of Planning (Control) to refuse planning permission, a motion of approval was moved because Members considered that as the development would make use of the existing buildings it would not be detrimental to the special landscape qualities of the Area of Natural Beauty, the countryside in general or the setting of the Listed Building and was also in accordance with PPS7 and SPO7.

                        RESOLVED

(1)              That subject to no new issues being raised as a result of the re-consultation period, 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 the range of goods to be sold.

(2)              That on completion of the Planning Obligation referred to in Resolution (1) above, the Head of Planning (Control) be authorised to grant planning permission subject to those conditions he deems appropriate.

The meeting adjourned for lunch at 1.10 p.m. and resumed at 1.50 p.m. when the following Members were present:-

                        Mr R W Thake - Chairman

                        Notwithstanding the Head of Planning (Control)’s recommendation to refuse planning permission, a motion to grant permission was moved as Members did not consider the scale or size of the building to be inappropriate for the countryside location and agreed that the proposal would improve the site without any adverse effect on the character or appearance of the surrounding area.

                        RESOLVED

That planning permission be granted for the following reason:-

- in accordance with policies CN01, CR05 and HS05

                        Members requested that the height of the proposed boundary fence should be increased from 1.5 metres to ensure the privacy of the occupiers of properties 46 and 48 Cats Lane.

                        RESOLVED

                        (1)        That subject to no objections being received from the Suffolk Wildlife Trust, 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 upon completion of the Planning Obligation referred to in Resolution (1) above, 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
  arriving from the demolition works)
- landscaping (hard and soft including surface finish of access road
  and parking areas) and landscape maintenance

- proposed boundary treatments
- finished ground floor levels relative to existing and proposed
  finished ground levels
- as recommended by the County Highway Authority – improvement
  to the access provision of visibility splays and the provision of
  parking/manoeuvring areas

- as recommended by Suffolk Wildlife Trust
- GPDO rights removed for new opening or extensions within the roof
  spaces of the dwellings

- slope stability
- services details including routes of service pipes and cables,
  location and depth of soakaways etc. 

(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 reasons (as may be appropriate):-

- as recommended by Suffolk Wildlife Trust
- inadequate provision of public open space and play equipment (off
  site)

            RESOLVED

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

- as recommended by Suffolk County Council

- obscured glass used in any non-opening windows of the end elevation

RESOLVED

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

- as recommended by County Highway Authority

- materials

            
             RESOLVED

             That planning permission be granted.

            RESOLVED

            That the reserved matters be approved.

82        EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)

            RESOLVED

            That pursuant to Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the business specified below on the grounds that if the public were present during this item it is likely there would be the disclosure to them of exempt information as indicated against the item.

83       PLANNING APPEAL – ERECTION OF 5 No DWELLINGS WITH LAYOUT OF NEW VEHICULAR ACCESS AND PAVING AREA AT THE BEEHIVE PUBLIC HOUSE, GASTON END, EAST BERGHOLT (exempt information by virtue of paragraph 12 of part 1)

The Head of Planning (Control) and Acting Head of Legal and Administrative Services submitted a report (Paper E234) advising Members of concerns over the reasons for refusal on the above application and advised that if the Appeal were pursued on the current basis then an award of costs against the Council was possible.

Members noted that the Appellant had made a fresh application since the writing of Paper E234 and as a result Option (c) should be removed from paragraph 5.3.

RESOLVED

That the Council declare at this stage in the Appeal proceedings that it no longer wishes to defend the Appeal on the basis of Policy ECON3 of the Suffolk Structure Plan, Policy LP47 of the Babergh Local Plan Alteration No.1 and Policy EM15 of the Babergh Local Plan Alteration No.2 (Second Deposit version) but continues to defend the Appeal on design and layout terms in relation to Policies ENV3, LP17, LP18, HS12, HS14 and CN01.

            Note:  The meeting was adjourned between 11.00am and 11.20am for refreshments.

            The business of the meeting was concluded at 3.05 p.m.