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, 13 JUNE 2007

Quick Links

• 8 - Declaration of Interests,
• 9 - Minutes,
• 10 - Petitions,
• 11 - Site Inspections,
• 12 - Planning Applications for Determination by the Committee,
• 13 - Draft Annual Report of Development Committee for 2006/07,
• 14 - Request for a Minor Amendment to Application Reference B/05/00179/FUL - Change of Use to Class A4 (Public House) and Alterations and Construction of New Vehicular Access - 67 - 70 North Street, Sudbury.

PRESENT: Mr A J Hinton – Chairman

Ms J A Jenkins, Ward Member for Leavenheath, was present at the meeting for Item 8 of Paper G25, and spoke on the item with the consent of the Chairman.

8     DECLARATION OF INTERESTS

Mr R W Thake declared a prejudicial interest in Application No. B/07/00445 (Paper G25 – Item 1) as he is a member of the same Golf Club as the applicant, and was not present during its discussion.

Mr P K Beer declared a prejudicial interest in Application No. B/07/00354 (Paper G25 – Item 11) by virtue of the applicant being well known to him, and was not present during its discussion.

Mr P J Holbrook declared a personal interest in Application No. B/07/00431 (Paper G25 – Item 3) by virtue of being acquainted with the applicant, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Mr R C Smith declared a personal interest in Application Nos. B/07/00354 and B/07/00532 (Paper G25 – Items 11 and 12) by virtue of his membership of Sudbury Town Council, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Mr D B Warner declared a personal interest in Application No. B/06/02146 (Paper G25 – Item 9) by virtue of his membership of Hadleigh Town Council, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Mr B L Lazenby declared a personal interest in Application No. B/06/02146 (Paper G25 – Item 9) by virtue of his membership of Hadleigh Town Council, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Mr L S Johnson declared a personal interest in Application No. B/07/00450 (Paper G25 – Item 6) by virtue of his membership of Pinewood Parish Council, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Back to Top

9     MINUTES

RESOLVED

That the Minutes of the meeting held on 23 May 2007 be confirmed and signed as a correct record, subject to the inclusion of the following:-

‘Mr G S White, Ward Member for Mid-Samford, was present at the meeting for Item 6 of Paper G6 and spoke on the item with the consent of the Chairman.’

Back to Top

10     PETITIONS

None received.

Back to Top

11     SITE INSPECTIONS

RESOLVED

(1)     That a site inspection be held on Wednesday, 20 June 2007 in respect of the undermentioned site prior to consideration of the applications by the Committee:-

Mr J A B Long (Ward Member for Chadacre) had requested a site inspection to enable Members to see the access arrangements from both directions and to assess the impact of an increase in traffic along the narrow road.

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

Back to Top

12     PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Details of further objections and representations received in respect of Item Nos. 2, 3, 7 and 11 were reported 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 G25 be made as follows:-

Mr P Jones (Ward Member for Brook) had requested a site inspection to enable Members to consider the environmental impact of the proposal.

RESOLVED

(1)     That consideration of the recommendation of the Chief Planning Control Officer contained in (a) above be deferred.

(2)     That a site inspection be held on Wednesday, 20 June 2007, that the Panel of Members appointed under Minute No. 11 above inspect the site, and that a report thereon be submitted to the next meeting of the Committee if appropriate.

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

·     As advised by CHA

·     Materials (to garage and any new materials to be used externally in the conversions)

·     Removal of permitted development rights (extensions, external alterations (including windows), outbuildings, means of enclosure etc.)

·     Obscure glass and method of hinging to window to barn 2 (paragraph 42 of Paper G25 – Item2)

·     No alterations to the first floor and no new floors (including mezzanines) within barn 2

·     Staining of timbers and joinery

·     Details of means of enclosure to be provided

·     Landscaping scheme

·     Implementation of mitigation for protected species

·     Demolition of existing modern agricultural buildings

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

RESOLVED

(1)     That subject to the receipt of a satisfactorily outstanding inspection plan and an amended site plan showing a revised fence line to ensure protection of the tree on Plot one 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) the transfer of the woodland to Babergh District Council for management in perpetuity (information and revised plans cancelling paragraphs 26, 27 and 28 of the Assessment in Paper G25 – Item 6) (b) the payment of a commuted sum towards the management of the woodland (c) 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:-

·     Materials

·     Levels

·     Landscaping

·     Archaeology

·     Any as recommended by CHA

·     As recommended by AW

·     As recommended by EA

·     Boundary treatment

·     Protection of trees during construction

·     Removal of PD rights for extensions and outbuildings

·     Details of any hardsurfacing beneath canopies

(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 public open space and play equipment

·     Inadequate protection of the woodland

RESOLVED

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

·     Materials

·     Landscaping

·     Restrict windows above ground floor in north and south elevations of Plot 1, and north-east and south-west elevations of Plot 2

·     Boundary treatment

·     As recommended by CHA

·     Site levels

·     Badger mitigation measures

·     Scheme of management for area of badger sett

Note to be added to planning permission:-

·     The applicant will require a licence from Natural England before works can commence on site

Members did not accept that the inefficient use of land was a reason for refusal in this case, notwithstanding the recommendation of the Chief Planning Control Officer. However, Members considered that the design and scale of the proposal were out of keeping with the surrounding development, and that this application should, therefore, be refused for reasons relating to those matters. They also accepted the current lack of a public open space contribution as a further reason for refusal.

RESOLVED

That planning permission be refused for the following reasons:-

·     Poor design and layout of the dwelling

·     Inappropriate scale/massing

·     Lack of public open space contributions

·     Contrary to objectives of Policy ENV3 of the Suffolk Structure Plan 2001 and Policies HS30, HS28, HS02, HS32 and CN01 of the Babergh Local Plan (Alteration No. 2) 2006

RESOLVED

That planning permission be refused for the following reasons:-

·     Introduction of backland development leading to an inappropriate pattern of development contrary to the provisions of Policy HS01, HS28 and HS30.

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

RESOLVED

That planning permission be granted.

Members considered that, notwithstanding the recommendation of the Chief Planning Control Officer, the securing of a Section 106 Agreement was not appropriate in this case because they did not regard this as a ‘new’ residential development and Policy HS32 should not therefore apply. A motion to grant planning permission subject to conditions was proposed and seconded.

RESOLVED

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

·     Any as recommended by the County Highway

·     Additional window in south elevation to be obscure glazed and fixed shut

·     Remove PD rights in respect of extensions

RESOLVED

(1)     That subject to no new issues being raised as a result of the 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 provide a financial 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

·     As recommended by CHA

·     Landscaping

·     Levels/heights

(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 and play equipment

RESOLVED

That planning permission and listed building consent be granted.

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) one rented unit and one unit of shared ownership affordable housing to be provided by the developer and transferred to or managed by a registered Social Housing Landlord in perpetuity, (b) the transfer of the public open space land to Babergh District Council so that it can be managed as one entity, together with a commuted sum for its future maintenance, if required.

(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 County Highway Authority

·     Levels

·     Landscaping

A motion to refuse the application on design grounds was withdrawn before a vote was taken when the proposer and seconder accepted that planning permission had been granted for an identical scheme in 2002.

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 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 to be submitted (including re-use /recycle of materials arising from the demolition works)

·     Proposed boundary treatments

·     Finished ground floor levels relative to existing and proposed finished ground levels

·     Any as recommended by the Highways Authority

·     Use Class restriction to shop units (A1)

(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 and play equipment (off site)

Members considered that, notwithstanding the recommendation of the Chief Planning Control Officer (and the action being taken with regard to other signs on another building in Long Melford – not the subject of the current application), the cumulative effect of allowing retention of the hanging sign would be unacceptable and detrimental to the Listed Building and the Conservation Area and a motion to refuse Advert Consent and Listed Building Consent was therefore moved.

RESOLVED

(1)     That Listed Building Consent be refused for the following reasons:-

·     Detrimental impact on Listed Building by virtue of cluttering the façade.

(2)     That Advertisement Consent be refused for the following reasons:-

·     Detrimental to visual amenity

·     Harmful to character of Conservation Area.

Back to Top

13     DRAFT ANNUAL REPORT OF DEVELOPMENT COMMITTEE FOR 2006/07

The Chief Planning Control Officer submitted a report (Paper G26) summarising the work of the Development Committee for the year 2006/07, 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 24 July 2007. Members noted that the figures for Enforcement Notices issued in 2003/04 and 2004/05 should read ‘25’ for each of those two years and not 30 and 34 respectively.

During their consideration of the report, Members raised various matters including the way in which payments obtained under Section 106 Planning Obligations are spent, monitored and tracked.

RESOLVED

(1)     That Paper G26 be adopted as the Annual Report of the Development Committee and submitted to the Overview and Scrutiny (Community Services) Committee on 24 July 2007.

(2)     That the Overview and Scrutiny (Community Services) Committee be requested to scrutinise the system for monitoring and tracking all payments due under Section 106 Planning Obligations to ensure that such system is robust and appropriate, and shows clearly where and how the money is spent. Further that information on payments be made readily available to all Members of the Council.

Back to Top

14     REQUEST FOR A MINOR AMENDMENT TO APPLICATION REFERENCE B/05/00179/FUL – CHANGE OF USE TO CLASS A4 (PUBLIC HOUSE) AND ALTERATIONS AND CONSTRUCTION OF NEW VEHICULAR ACCESS – 67 – 70 NORTH STREET, SUDBURY

The following Members each declared a personal interest in this matter by virtue of being a Member of the Council’s Licensing and Appeals Committee:-

The Chief Planning Control Officer reported that planning permission had been granted for a change of use from the former Co-op premises in North Street to a Public House in May 2005, and that in November 2006 a proposal was submitted requesting changes as a minor amendment to the approved plans. Consultations on the changes had taken place resulting in representations from Sudbury Town Council, Environmental Health and The Sudbury Society. The Chief Planning Control Officer further reported that the Agent had been asked to confirm his willingness to make various revisions to the scheme, subject to which the submitted plans could be recommended for approval as a minor amendment.

RESOLVED

That subject to the receipt of satisfactory revisions from the Agent relating to the following matters:-

·     alterations to the window and door design detailing to a flat headed design

·     incorporation of a suitable material and colour scheme

·     confirmation that the windows will be non-openable

then the submitted revised plans (as amended) be accepted as a minor amendment to the approved plans under cover of planning permission No. B/05/0179, in respect of 67 – 70 North Street, Sudbury.

Note: The meeting was adjourned between 11am and 11.20am for refreshments.

The business of the meeting was concluded at 1.25 p.m.

Chairman