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, 5 SEPTEMBER 2007

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• 34 - Declaration of Interests,
• 35 - Minutes,
• 36 - Petitions,
• 37 - Questions from Members,
• 38 - Site Inspections,
• 39 - Planning Applications for Determination by the Committee,
• 40 - Request for a Minor Amendment to Application Reference B/06/02047/DPA - Construction of Layby and Footpath - Land fronting Foxhall FIelds, East Bergholt.   

PRESENT: Mr A J Hinton – Chairman

Mr D B Warner was unable to be present.

Mr H N Todd, Ward Member for Great Cornard (North), was present at the meeting for Item 11 of Paper G89 and spoke on the Item with the consent of the Chairman. 

34    DECLARATION OF INTERESTS

Mr A J Hinton declared a personal interest in Application No. B/07/01272 (Paper G89 - Item 3) and Application No. B/07/01273 (Paper G89 – Item 4) by virtue of being a Member of East Bergholt Parish Council, but indicated that his interests were such that he would be able to speak and vote on the matter concerned. 

Mr A J Hinton subsequently declared a personal interest in Agenda Item No. 8 (Minor Amendment – East Bergholt) by virtue of his membership of East Bergholt Parish Council but indicated that his interest was such that he was able to speak and vote on the matter concerned. 

Mr P K Beer and Mrs C A Todd both declared personal interests in Application No. B/07/00885 (Paper G89 - Item 11) and Application No. B/07/00940 (Paper G89 – Item 12) by virtue of being Members of Great Cornard Parish Council, but indicated that their interests were such that they would be able to speak and vote on the matters concerned.

Mr P Jones  declared a personal interest in Application No. B/07/00824 (Paper G89 – Item 9) by virtue of being a Member of Copdock and Washbrook Parish Council, but indicated that his interests was such that he would be able to speak and vote on the matter concerned. 

Mr R C Smith declared a personal interest in Application No. B/07/01037 (Paper G89 – Item 1), Application No. B/07/00621 (Paper G89 – Item 10), Application No. B/07/00761 (Paper G89 – Item 13), Application No. B/07/01246 (Paper G89 – Item 15) and Application No. B/06/01651 (Paper G89 – Item 19) by virtue of being a Member of Sudbury Town Council, but indicated that his interests was such that he would be able to speak and vote on the matters concerned. 

35    MINUTES

RESOLVED

That the Minutes of the meeting held on 8 August 2007 be confirmed and signed as a correct record. 

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36    PETITIONS

None received.

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37    QUESTIONS FROM MEMBERS

None received.

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38    SITE INSPECTIONS

RESOLVED

(1)    That site inspections be held on Wednesday 12 September 2007 in respect of the under-mentioned sites prior to consideration of the applications by the Committee:

 GREAT WALDINGFIELD

Mr C M Spence, Ward Member for Waldingfield, had requested a site inspection to enable Members to assess the impact of the application on the highway and traffic safety.

ACTON

Mrs J Antill, Ward Member for Waldingfield, had requested a site inspection to enable Members to assess the impact of the application on the street scene.  

POLSTEAD

Mrs S M Wigglesworth, Ward Member for Lower Brett, had requested a site inspection to enable Members to assess the visual impact of the application in a rural area. 

HADLEIGH

Mr D B Warner, Ward Member for Hadleigh (North) had requested a site inspection to enable Members to assess the size of the dwelling on the plot and access and parking issues.

HADLEIGH

Mr P J Holbrook requested a site inspection to enable Members to assess the suitability of the location and the impact of lighting.

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

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39    PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an addendum to Paper G89 (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 and a revised site plan for Item 17.  Details of further objections and representations received in respect of Item No. 12 were reported to the meeting and were considered and taken into account before a decision was reached. 

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 G89 be made as follows:-

            RESOLVED

            That it be noted that this application has been withdrawn. 

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission a motion to approve was moved as Members did not feel the proposal would have an impact upon shops in nearby towns and villages, it would not lead to highway safety problems or give rise to significant traffic issues and would have limited impact upon the character of the area and residential amenities.  Further the parking arrangements were deemed acceptable. 

RESOLVED

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

·    standard time limit condition

·    cessation of use of existing shop

·    restriction of use to farm shop

·    house of operation

·    parking

·    turning

·    hard surface treatment

·    levels

·    lighting

·    cycle storage

·    waste storage

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission a motion to approve was moved as Members were of the opinion that the proposal made good use of previously developed land within the meaning of PPS3.

RESOLVED

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

·    standard time limit condition

·    materials

·    landscaping

·    as recommended by LHA

·    surface water disposal

·    provision of private sewage treatment plant

RESOLVED

That planning permission be refused for the reasons contained in Item 8 of Paper G89. 
           

RESOLVED

That the recommendation of the Chief Planning Control Officer contained in Item 15 of Paper G89 be accepted.

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 ensure:-

·    The payment of contributions towards public open space provision

(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:-

·    Materials

·    As recommended by LHA

·    Levels

·    PD rights removed for the insertion of additional windows

(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

(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 ensure:

·     The payment of contributions towards Public Open Space provision

(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:-

·    Materials

·    As recommended by LHA

·    PD rights removed for insertion of further windows and extensions.

·    Landscaping scheme

(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

(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 ensure:

·    The payment of contributions towards public open space provision

(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:– 

·    Materials

·    Levels

·    As recommended by LHA

·    Landscaping

·    Archaeology

·    Maintenance of soakaways

(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

(1)    That subject to the receipt of satisfactory amended drawings to overcome the issues discussed at paragraphs 36 to 40 of Item 17 of Paper G89, 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:-

·    Affordable housing provision

·    The payment of developer contributions towards education provision

·    The payment of developer contributions towards public open space provision

·    To ensure the construction and availability of the two commercial buildings (timing of provision)

(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 conditions including:-

·    As recommended by LHA

·    Landscaping scheme (including tree protection)

·    Materials

·    As recommended by EA (including contamination issues)

·    Withdrawal of GPDO rights for extensions

·    Details of boundary treatments to be agreed

·    Foul and surface water drainage

·    Levels

·    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:-

·    Poor design and detailing

·    Detrimental impact upon occupiers of neighbouring dwellings

·    Detrimental impact upon highway safety

·     Detrimental impact upon the listed wall

·    No provision for affordable housing

·    No provision for public open space

·    No provision for education contribution

·    Loss of employment site

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission a motion to defer was moved as Members required additional information on the impact of the development on the trees.

RESOLVED

That consideration of this application be deferred to enable a report to be undertaken on the impact of the development upon the existing trees.

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 ensure:

·    The payment of contributions towards public open space provision.

(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 (all as imposed upon B/06/01615/FUL):-

·    Materials and detailing

·    Hard and soft landscaping

·    As recommended by LHA

·    Levels

·    Removal of GPDO rights for new openings

·    Removal of GPDO 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.

The meeting was adjourned for lunch at 1.00 p.m. and resumed at 1.25 p.m. when the following Members were present:-

Mr A J Hinton  – Chairman

RESOLVED

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

·    Standard time limit condition

·    Materials

·    Floodlighting

RESOLVED

That planning permission be granted subject to the conditions contained in Item 2 of Paper G89. 

RESOLVED

That planning permission be granted subject to the conditions contained in Item 3 of Paper G89.

RESOLVED

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

·    Standard time limit condition

·    Landscaping

RESOLVED

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

·    Materials

Notwithstanding the recommendation of the Chief Planning Control Officer to conditionally approve planning permission a motion to refuse was moved as Members were of the opinion that the proposal would have an adverse impact on local amenities and to be of an inappropriate nature and contrary to Local Plan Policies HS01, HS28 and CN08. 

RESOLVED

That planning permission be refused for the following reasons:-

The proposed development would be contrary to Babergh Local Plan policies HS01, HS28 and CN08 which states that in towns, housing developments will be granted provided that they have no material adverse effects on residential amenity or traffic generation (HS01), that the proposal represents overdevelopment to the detriment of residential amenity and the proposal is of a scale, density, form which would be out of keeping with adjacent and nearby dwellings (HS28) and that in Conservation Areas the erection of new buildings should be of an appropriate scale, form and detailed design to harmonise with its setting (CN08).  The proposed development, by virtue of its scale, form and consequent depth and mass, would be detrimental to residential amenity as it would project beyond the rear walls of adjoining dwellings and would be out of keeping with character of development within the Conservation Area contrary to the aforementioned policies.

RESOLVED

(1)    That subject to the satisfactory completion of a bat survey, 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:

·    The payment of contributions towards public open space provision

(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:-

·    Conditions required by Highway Authority

·    No alterations to the external appearance of the dwellings

·    Materials (Roof)

·    Landscaping

(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 private amenity space

·    Lack of wildlife survey

RESOLVED

That planning permission be granted.

RESOLVED

That planning permission be granted subject to the conditions contained in Item 19 of Paper G89.

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40    REQUEST FOR A MINOR AMENDMENT TO APPLICATION REFERENCE B/06/02047/DPA – CONSTRUCTION OF LAYBY AND FOOTPATH – LAND FRONTING FOXHALL FIELDS, EAST BERGHOLT

The Chief Planning Control Officer reported that planning permission was granted for the above development on 5 February 2007 and is now subject to a proposed minor amendment which involves a reduction in the length of the layby by 11.5m.

This minor amendment has been the subject of re-consultation with the Parish Council and neighbours and no comments have been received.  The request has been reported to Development Committee as Babergh District Council is the applicant.

The change outlined above is minimal in visual terms and would not give rise to any adverse impact on neighbour amenity, given the content of the approved scheme. 

RESOLVED

That the submitted revised plans in respect of the construction of a layby as set out in drawing no. TS/ENG-7217-2 be accepted as a minor amendment to the approved plans under cover of Planning Permission B/06/02047/DPA, in respect of land fronting Foxhall Fields, East Bergholt.

Note:    The meeting was adjourned between 11.15 and 11.30 a.m. for refreshments.

            The business of the meeting was concluded at 2.10 p.m.

                        Chairman