9 January 2008 - Minutes

Summary

Minutes from council meeting - 9 January 2008

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, 9 JANUARY 2008

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63    Declaration of Interests
64    Minutes
65    Petitions
66    Questions from Members
67     Planning Applications for Determination by the Committee
68    Planning Applications:  Local Validation Requirements

            PRESENT: Mr A J Hinton – Chairman

Mr C W Arthey
Mr P K Beer
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 C Smith
Mr R W Thake
Mr A J Ward
Mr R Whiting

Mr G S White was unable to be present. 

The following Ward Members were present at the meeting for the items indicated and        spoke on the relevant item with the consent of the Chairman:-

Member

Paper G166– Item No

Ward

 

Mr C A Roberts

2

Berners

Mrs S M Wigglesworth

6

Lower Brett

Ms J A Jenkins

11

Leavenheath

Dr M R Miller

14

Dodnash

Mr B D Hurren

17

Boxford

 







63    DECLARATION OF INTERESTS

Mr R W Thake declared a prejudicial interest in Application No. B/07/01701 (Paper G166 – Item 15) by virtue of living in the same road as the application site and was not present during its discussion.

Mr P J Holbrook subsequently declared a personal interest in Application No. B/07/01590 (Paper G166 – Item 6) by virtue of being one of the Council’s representatives on the Dedham Vale and Stour Valley Joint Advisory Committee which had submitted an objection to the application.  He indicated that his interest was such that he was able to speak and vote on the matter concerned.

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64     MINUTES

RESOLVED

That the Minutes of the meeting held on 28 November 2007 be confirmed and signed as a correct record.

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65     PETITIONS

The Head of Corporate 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/07/01627 – erection of 1.8m high fence at 32 Tye Green Glemsford.

Petition signed by approximately 36 residents of the District.  The petition will be taken into account by the Head of Natural and Built Environment or the Chief Planning Control Officer when determining the application under his delegated powers.

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66     QUESTIONS FROM MEMBERS


None received.

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67     PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper G166 (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 Nos. 1, 2, 4, 5, 6, 11 and 12 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/07/01216/FUL                           Mr Stovold (Objector)

B/07/01237/FUL                           Mr L Mayer (Parish Council)
                                                     Mr G Aslam (On behalf of Objector)
                                                     Mrs J Powers (On behalf of Applicant)

B/07/01758/FUL                           Mr R Baker (On behalf of Applicant)

B/07/01590/FUL                           Mr Swiderski (On behalf of Objector)
                                                     Mr R Ricks (On behalf of Applicant)

B/07/01418/ROC                         Mr Marshall (Objector)

B/07/01645/FUL                          Dr Symons (Parish Council)

B/07/01639/FUL and                   Mr D Tuhey (Applicant)
B/07/01828/CAC

B/07/01793/FHA                          Mrs J Margetson (Applicant)

B/07/01701/FHA                          Mr J McKenna (Objector)

B/07/01688/LBC                          Mrs P Lane (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 G166 be made as follows:-

(a)       GREAT WALDINGFIELD

            Application No. B/07/01216

           Paper G166 – Item 1

 

Full Application – erection of 1 no. detached two-storey dwelling.  Alteration to existing vehicular access, part side garden The Old Mill House, Lavenham 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 a financial contribution towards the provision of public open space.

(2) That, subject to the Planning Obligation in Resolution (1) above being secured or subsequently deemed not to be required, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:

•    Materials

•    Landscaping

•    Withdrawal of GPDO rights for first floor openings within front and both side     elevations

•    Withdrawal of GPDO rights for the erection of extensions and outbuildings.

•    As recommended by LHA

•    Protection of the hedgerow during construction works

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

Inadequate provision for public open space being contrary to Policy HS32 and PPG17.

(b)       SHOTLEY

            Application No. B/07/01237

            Paper G166 – Item 2

 

Full Application – Construction of a spine road across the former HMS Ganges site from the B1456 Bristol Hill to the King Edward VII Drive including a new roundabout junction on the B1456 to give access to Shotley Marina. The proposed spine road is approximately 840 metres long and designed to adoptable standards including pedestrian footpaths shared cycle/footway and traffic management measures, former HMS Ganges site, Shotley Gate.

Following the introduction by the Planning Officer, consideration of this item was adjourned to enable clarification to be sought from the Solicitor to the Council on the status of members of the public wishing to speak on this item, following which Mr L Mayer was informed that he could present the views of the Shotley Parish Council.  Consideration of this item was resumed after the Committee had dealt with Item 10 of Paper G166.

RESOLVED

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

•             As recommended by LHA

•             As recommended by EA

•             As recommended by Head of Contract and Asset Management

•             Ecological mitigation plan

•             Landscaping scheme

•             Archaeology

•             Withdrawal of permitted development rights for means of enclosure

•             Street lighting scheme

•             Construction management plan

(c)       NEDGING WITH NAUGHTON

            Application No. B/07/01411

            Paper G166 – Item 3

 

 Full Application – erection of 12 no. dwellings (4 no. to be affordable housing) as amended by agent's letter dated 13th December 2007 and drawing no's 13E, 17B, 30E, 31 and 32. Construction of new vehicular access and improvement to visibility splay for Crowcroft Road, Crowcroft 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:

  •     A Local Area for Play (LAP) on the public open space
  •     Affordable housing (2 dwellings rented, 2 dwellings shared ownership)

(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
  • Drainage
  • As recommended by LHA
  • Landscaping
  • Boundary treatment/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 reasons:

  • Inadequate provision of play equipment contrary to Policy HS32 and PPG17.
  • Lack of affordable housing contrary to Policy HS09.

(d)       HADLEIGH

            Application No. B/07/01758

            Paper G166 – Item 4

 

Full Application – variation of Condition 1 of planning permission B/99/01349/ROC (allowed on appeal) to enable machinery to be operated and processes to be carried out between the hours of 0700 and 2300 Mondays to Fridays and 0800 and 1400 on Saturdays, Stone Street.

RESOLVED

That the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:

  • As recommended by Environmental Health
  • Scheme of noise reduction measures
  • Provision of new car parking area
  • Existing car park not to be used during the extended hours
  • Use of the outdoor staff break area to be restricted during extended hours
  • Boundary treatment

(e)       ASSINGTON

         
 Application No. B/07/01418/ROC

          Paper G166 – Item 10

 

 Variation of Condition 2 attached to P.P. B/78/00679/FUL to enable the mobile home to be occupied by Mr S Norfolk or for persons employed in agriculture, Solar Farm, Further Street.

During the course of the discussion on this item a proposal was made to defer its consideration for a site inspection to enable Members to assess the implications associated with the proposed variation.

RESOLVED

(1) That consideration of the recommendation of the Chief Planning Control Officer contained in Item 10 of Paper G166 be deferred.

(2) That a site inspection be held on Wednesday 16 January 2008, that the Panel of Members listed below be appointed to inspect the site and that a report thereon be submitted to the next meeting of the Committee if appropriate:-

Mr C W Arthey         Mr P Jones
Mr P K Beer             Mr B L Lazenby
Mr P G Gibson         Mr D C Rose
Mr A J Hinton           Mr A J Ward
Mr L S Johnson       Mr R Whiting 

(f)        POLSTEAD

           Application No. B/07/01590

           Paper G166 – Item 6

 

Full Application – erection of extensions to existing production premises, associated new plant, landscaping and perimeter fencing (existing farm building to be demolished), Copella Fruit Juices, Hill Farm, Brick Kiln Hill.

RESOLVED

That the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:

  • As recommended by Environmental Health
  • As recommended by LHA
  • As recommended by EA
  • Boundary treatment
  • Lighting
  • Landscaping
  • Materials
  • Species mitigation

(g)       ASSINGTON

           Application No. B/07/01645

           Paper G166– Item 11

 

 Full Application – erection of 2 no. two storey dwellings with detached cartlodge.  Alterations to existing vehicular access, Top Marques Embroidery, The Street.

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:

  •  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 planning permission, subject to the following conditions:

  • Standard Time limit
  • Landscaping details to be submitted
  • As recommended by LHA
  • Material samples to be submitted
  • Removal of Permitted Development Rights for further extensions
  • Contaminated land investigation 

(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:

  • Inadequate provision of Public Open Space

(h)       PINEWOOD

          
Application No. B/07/01793

           Paper G166 – Item 13

 

Full Application – erection of a two-storey front extension and single storey rear extension (existing conservatory to be demolished), 42 Belmont Road.

Prior to any discussion on this item taking place Mr L S Johnson, Ward Member explained his reason for requesting a site visit which was to enable Members to assess the impact of the development on residential amenity.

RESOLVED

(1) That consideration of the recommendation of the Chief Planning Control Officer contained in item 13 of Paper G166 be deferred.

(2) The site inspection be held on Wednesday 16 January 2008, that the panel of Members appointed under Minute No. 68(e) above inspect the site and that a report thereon be submitted to the next meeting of the Committee if appropriate.

(i)         SUDBURY

            Application No. B/07/01639 and

            B/07/01828/CAC

            Paper G166 – Item 12

 

 Full Application and application for Conservation Area Consent – demolition of Church Hall building and Public House. Erection of a three storey block comprising 9 no. flats, erection of terrace of 3 no. 3 storey houses and erection of single storey Church Community Hall.  Alterations to existing vehicular access, Prince of Wales Public House and Church Community Hall, Prince Street.

 RESOLVED

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

  • Overdevelopment of the site, lack of parking and private amenity space and loss of residential amenity contrary to Policies HS01, HS27, HS30, CN01 and TP15
  •  

Harm to the character of the Conservation Area (including loss of an existing historic building) contrary to Policies CN01 and CN08
  • Lack of public open space provision contrary to Policy HS32

    (2) That Conservation Area Consent be refused for the following reason:

    • oss of an historic building without adequate justification, contrary to Policy CN08 and PPG15
  • (j)         GLEMSFORD

                Application No. B/07/01701

                Paper G166 – Item 15

     

    Full Application – retention of a side boundary fence, 1 Orchard Way.

    RESOLVED

    That planning permission be granted.

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    At this point the meeting adjourned for lunch at 1.30 p.m. and resumed at 1.55 p.m. when the following Members were present:-

     Mr A J Hinton – Chairman

    Mr C W Arthey
    Mr P K Beer
    Mr P G Gibson
    Mr P J Holbrook
    Mr P Jones
    Mr D H Keane

    Mr B L Lazenby
    Mr D C Rose
    Mr R C Smith
    Mr R W Thake
    Mr A  J Ward
    Mr R Whiting

    (k)       BOXFORD

               Application No. B/07/01688/LBC

               Paper G166 – Item 17

     

    Application for Listed Building Consent - Insertion of 1 no. door to side elevation; 2 no. roof lights to rear elevation; internal alterations, Quills Cottage, 27a Swan Street.

    Notwithstanding the recommendation of the Chief Planning Control Officer contained in Item 17 of Paper G166 to refuse Listed Building Consent, Members considered that the proposed alterations would not have an adverse impact upon the special character of the building.  A motion to grant Listed Building Consent was proposed and seconded.

    RESOLVED

    That Listed Building Consent be granted.

    (l)         EAST BERGHOLT

                Application No. B/07/01705

                Paper G166 Item 14

    Full Application – retention of front side boundary wall, 50 Richardson Road.

    RESOLVED

    That planning permission be granted. 


    (m)      SUDBURY

               Application No. B/07/01762

               Paper G166 – Item 16

     
    Full Application – construction of footbridge over drain, land south of Priory Stadium, Priory Walk.

    RESOLVED

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

    • Details of finish to be applied to the bridge
    • Submission of full design and construction details for agreement with the LHA.

    (n)       SUDBURY

               Application No. B/07/01662 and         

               B/07/01663/LBC

               Paper G166 – Item 5

     

     Full Application and application for Listed Building Consent – conversion of hostel into 11 no. flats, 5 no. supported flats with ancillary staff and communal areas. Erection of extension to provide communal accommodation (existing single-storey extensions to be demolished).  Erection of single-storey element to include the existing covered walkway and to provide additional living accommodation.  Erection of three-storey extension to provide additional living accommodation.  Removal of part of existing brick wall to provide new entrance gate (demolition of outbuildings), Stour House, Stour Street.

    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:

    • The payment of contributions towards off-site 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 planning permission subject to the following conditions:

    • Materials
    • Cycle storage
    • Boundary treatment/means of enclosure
    • Fenestration

    (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:

    • Inadequate provision of public open space contrary to Policy HS32.

    (4) That the application for Listed Building consent be referred to GOEast for consideration. 

    (5) That subject to the receipt of no adverse comments from GOEast the Listed Building application be approved subject to conditions to be determined by the Chief Planning Control Officer. 

    (o)       LAVENHAM

               Application No. B/07/01982/TPO

               Paper G166 – Item 7

     

    Re-pollarding of one willow tree subject of Tree Preservation Order No. BT166, 10 The Glebe.

    RESOLVED

    That consent be granted for the re-pollarding of the willow tree. 

    (p)       EAST BERGHOLT

               Application No. B/07/01822

               Paper G166 – Item 8

     

    Full Application – construction of parking area, 11-16 Foxhall Fields.

    RESOLVED

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

    • Replacement planting

    (q)       SUDBURY

               Application No. B/07/01821

               Paper G166 – Item 9

     

    Full Application – construction of parking area grass verge, junction of Manor Road, Tudor Road.

    RESOLVED

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

    • Replacement planting

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    68      PLANNING APPLICATIONS: LOCAL VALIDATION REQUIREMENTS

    The Chief Planning Control Officer submitted a report (Paper G167) seeking the approval of the Development Committee to undertake a period of consultation on Appendix A to Paper G167.

    RESOLVED

    That the draft “Planning Applications - Local Validation Requirements” (Appendix A to Paper G167) be published for public consultation.

    The meeting was adjourned between 10.55 a.m. and 11.15 a.m. for refreshments.

    The business of the meeting was concluded at 2.55 p.m.

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