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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 JUNE 2010
PRESENT: Mr R W Thake – Chairman
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Mr C W Arthey
Mr P K Beer
Mr P G Gibson
Mr P J Holbrook
Mr L S Johnson
Mr D H Keane
Mr B L Lazenby |
Mrs M O Munson
Mr D C Rose
Mr R C Smith
Mr A J Ward
Mr G S White
Mr L H Young |
Mr P Jones and Mr R Whiting were unable to be present.
9 - Substitutes
10 - Declaration of Interests
11 - Minutes
12 - Petitions
13 - Questions from Members
14 - Site Inspection
15 - Planning Applications for Determination by the Committee
16 - Draft Annual Report of Development Committee for 2009/10
It was noted that, in accordance with Council Procedure Rule No 5, a substitute was in attendance as follows:-
Mrs M O Munson (substituting for Mr R Whiting).
Mr G S White declared a personal interest in Application No. B/10/00409/FUL (Paper K28 – Item 4) by virtue of knowing the applicant and was not present in the Chamber during consideration of this item.
Mr L S Johnson declared a personal interest in Application No. B/10/00409/FUL (Paper K28 – Item 4) by virtue of knowing the builder but indicated that his interest was such that he was able to speak and vote on the item.
Mr C W Arthey declared a personal and prejudicial interest in Application Nos. B/10/00270/FUL and B/10/00271/LBC (Paper K28 – Item 6) by virtue of owning land abutting the application site and was not present in the Chamber during consideration of the item.
RESOLVED
That the Minutes of the meeting held on 12 May 2010 be confirmed and signed as a correct record.
None received.
None received.
Members were aware of the intention to hold a meeting of the Development Committee specifically to consider the Tesco applications. The Director of Corporate Services confirmed that, in consultation with the Chairman and Vice Chairman of the Committee, Wednesday 14 July 2010 had been identified for the meeting, to be held at 9.30 a.m.
Members were also informed that a site inspection would take place on 8 July 2010 to which all Development Committee Members and relevant substitutes would be invited. Members noted that it would be necessary to re-arrange the scheduled site inspection date of 14 July 2010 (for any sites identified at Development Committee on 7 July), to the afternoon of 21 July 2010.
RESOLVED
That the following arrangements be noted:-
· Site Inspection for the Tesco applications to be held on Thursday 8 July prior to their consideration by the Development Committee on 14 July.
· Any site inspections identified at the Development Committee meeting on 7 July to take place on the afternoon of Wednesday 21 July.
Members had before them an Addendum to Paper K28 (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 representations received in respect of Item Nos. 1, 2 and 3 of Paper K28 were reported to the meeting and considered and taken into account before a decision was made in each case.
In accordance with the Council’s procedure for public speaking on planning applications, representations were made as detailed below:-
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Planning Application No. |
Representations From |
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B/09/01532 |
Mr R Bines (Parish Council) |
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Mr B Jewitt (Applicant)
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B/10/00409 |
Mr S Hayden (Aboriculturalist for the Applicant)
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B/10/00270 and B/10/00271/LBC |
Mr P Cobbold (Agent for the 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 K28 be made as follows:-
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(a) MONKS ELEIGH
Application No. B/09/01532
Paper K28 – Item 1
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Full Application – erection of a pair of semi-detached dwellings and two detached dwellings and four garages. Construction of new vehicular access (as amended) Village Hall, Church Hill.
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Members were aware of the key issues identified by the Chief Planning Control Officer in paragraph 33 of his report and the reasons for refusal numbered (1) to (6) in the recommendation. Members were informed that reason number (7) – adverse impact on Highway safety – was no longer required following receipt of the LHA’s comments on the revised drawings.
Notwithstanding the recommendation of refusal, a motion to approve the application, subject to appropriate conditions together with the completion of a Planning Obligation, was moved and carried on being put to the vote. The reasons for the Committee’s decision not to accept the recommendation of the Chief Planning Control Officer were as follows:-
· The proposed development would facilitate the provision of a replacement village hall and as such the provision of affordable housing and open space as required by Local Plan Policies LP01, HS09 and HS32 would frustrate this objective.
· The proposal is acceptable within the context of Policies HS02 and HS03, would not have an adverse impact upon the setting of the village church, a Grade 1 Listed Building or the character of the Conservation Area.
The proposal is therefore compliant with policies CN06 and CN08 in this regard and East of England Plan Policy ENV6.
· Subject to the use of appropriate materials the design would be acceptable and there would be no conflict with Local Plan Policy CN01 or Policy ENV7 of the East of England Plan.
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 replacement village hall
(2) That subject to the completion of the Planning Obligation referred to in Resolution (1) above to the satisfaction of the Solicitor to the Council, the Chief Planning Control Officer be authorised to grant planning permission subject to conditions to be formed by the Chief Planning Control Officer.
(3) That in the event of the Planning Obligation referred to in Resolution (1) above not being secured within a reasonable time the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:
· Loss of community facility, being contrary to LP policy CR20.
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(b) CAPEL ST MARY
Application No. B/10/00409
Paper K28 – Item 4 |
Full Application – erection of 1½ storey
dwelling and detached single garage, land west of 1 Dawes Close. |
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Members were informed that the recommendation of the Chief Planning Control Officer to refuse planning permission was based on the first reason for refusal given in Item 4 of Paper K28, being the removal of the Tree Preservation Order protected Cedar tree. Members noted that the second reason for refusal was no longer required, following completion of the Planning Obligation to provide open space.
Notwithstanding the recommendation of refusal and the view of the Council’s Arboricultural Officer that the Cedar tree in question can be categorised as B1 in accordance with BS5837 – trees in relation to construction – Members considered that the tree was not of sufficient value to warrant retention and that the Category C classification advocated by the applicant’s Arboricultural Consultant was appropriate. A motion to grant planning permission subject to appropriate conditions was therefore moved and carried on being put to the vote.
RESOLVED
That planning permission be granted subject to appropriate conditions including the following:-
· Standard time limit
· Materials
· Boundary and landscaping details
· Planting of a replacement tree of an appropriate specimen
· Removal of PD rights
· As recommended by LHA
· Provision of parking before commencement on site
· Archaeological condition
· Slab levels
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(c) LINDSEY
Application Nos. B/10/00270 and B/10/00271/LBC
Paper K28 – Item 6 |
Full Application and application for Listed Building Consent – alterations to existing single storey rear extension including increase in height to provide accommodation at first floor level, Ivydene, The Tye. |
RESOLVED
That Planning Permission and Listed Building Consent be granted, subject to the following conditions:-
· Standard time limit
· Submission of material samples
· Details of colour to joinery
· Fenestration Details
· Removal of Permitted Development Rights for windows within the north elevation (planning permission application only)
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(d) SHIMPLING
Application No. B/10/00286
Paper K28 – Item 2 |
Full Application – erection of 4 dwellings. Construction of new vehicular access, playing field at Hallifax Place. |
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:
· Affordable Housing
· Open space contribution
· Code for Sustainable Homes Level 3.
(2) That, subject to the completion of the Planning Obligation referred to in Resolution (1) above to the satisfaction of the Solicitor to the Council, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:
· Details of materials to be submitted and agreed
· Secure parking and manoeuvring space
· The landscaping to be implemented as shown on the submitted drawings (species to be agreed)
· The landscaping to be safeguarded for 5 years
· Details of hard surfaces
· Details of levels to be submitted and agreed
· Details of bin and cycle storage
· Ecological recommendations to be implemented.
(3) That in the event of the Planning Obligation referred to in Resolution (1) above not being secured within a reasonable time, the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:
· In the absence of a legal agreement securing the units as affordable housing, or mitigation for the loss of the open space, the proposal would be contrary to Policies HS06, HS07 and HS32 of the Babergh District Local Plan Alteration No. 2 (2006).
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(e) LONG MELFORD
Application No. B/09/01097
Paper K28 – Item 3 |
Full Application – Part change of use of barn to create self contained dwelling. External alterations to facilitate part conversion of barn to holiday accommodation connected with Public House, as amplified by supporting statement received 15 March, historic buildings survey and photographic record received 18 and 29 March, flood risk information received 15 March and contaminated land assessment (Phase 1) received 25 March, as amplified by highway layout received 22 April, Rose and Crown Public House, Bridge 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:
· Occupation of the annexe to be tied to the Public House
· Financial Contribution towards open space
(2) That, subject to the completion of the Planning Obligation referred to in Resolution (1) above to the satisfaction of the Solicitor to the Council, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:
· Standard time limit
· Materials and detailing to be agreed
· Contaminated land investigation
· Flood proofing
(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:
· Inappropriate housing in the countryside contrary to Policies CR19, HS04, and HS02 of the Local Plan.
· Absence of an open space contrary to Policy HS32 of the Babergh District Local Plan Alteration No 2 (2006).
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(f) SUDBURY
Application No. B/10/00237
Paper K28 – Item 5 |
Full Application – erection of first floor extension; erection of 2 two-storey dwellings; erection of 1 garage and construction of new vehicular access, as amended by drawings reference PL102f, 105f and 106f, received 19 May 2010, Riverview, 59 Cornard 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:-
· Financial contribution towards public open space provision.
(2) That, subject to the completion of the Planning Obligation referred to in Resolution (1) above to the satisfaction of the Solicitor to the Council, the Chief Planning Control Officer be authorised to grant planning permission subject to conditions covering the following:-
· Standard time limit.
· Brickwork and roofing materials to match existing dwelling
· Scheme of Boundary treatment to be submitted
· Landscaping Scheme including retention of existing vegetation and hard surfacing
· As per SCC Highways
· Removal of permitted development rights for future extensions.
· As per Contaminated Land Officer requirements
(3) That in the event of the Planning Obligation referred to in Resolution (1) above not being secured within a reasonable time period (three months), 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 of the Babergh Local Plan.
(4) That a note be included in the Decision Notice regarding fire access provision.
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(g) LAVENHAM
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Application No. B/10/00440
Paper K28 – Item 7 |
Insertion of replacement front door, The Cabinet Maker’s House, 42 High Street. |
RESOLVED
That planning permission be granted, subject to the following conditions:
· Standard Time Limit Condition
· Details of painted finish.
The Chief Planning Control Officer submitted a report (Paper K29) summarising the work of the Development Committee for the year 2009/10. Members were asked to adopt Paper K29, subject to any amendments they wished to make following their consideration of the report and its Appendices, for submission to the Overview and Scrutiny (Community Services) Committee on 29 June 2010.
During the course of the ensuing debate, Members queried the relevance of Appendix 1 – Decisions on Business and Commercial Developments – relating to various statutory classes but not including any development in the Parishes of Sudbury, Hadleigh or Great Cornard. Members also raised specific queries on a number of items including those set out below to which the Chief Planning Control Officer either responded ((a) – (c) below) or was asked to clarify as necessary when finalising the report from the Development Committee ((d) and (e)):-
(a) invalid planning applications – time limit for submission of further information and ability to appeal on grounds of non-determination
(b) Section 106 Planning Obligations – further information regarding HS32 contributions for each Parish will be compiled (following completion of the Section 106 Database) and Members/Parishes will be regularly updated
(c) Recent announcement on use of garden land/brownfield sites
(d) Numbers of Building Control inspections
(e) Number of enforcement appeals
RESOLVED
(1) That Paper K29 be adopted as the Annual Report of the Development Committee for 2009/10 and submitted to the Overview and Scrutiny (Community Services) Committee on 29 June 2010, subject to minor amendments as required to clarify the matters raised at the meeting.
(2) That the Overview and Scrutiny (Community Services) Committee be asked to consider whether the information referred to in the third bullet point under paragraph 8.2 – decisions relating to businesses and commercial developments in rural areas – Appendix 1 should continued to be included in the Annual report, being in the view of the Development Committee of limited use.
Note: The meeting was adjourned between 11.10 a.m. and 11.25 a.m. for refreshments.
The business of the meeting was concluded at 1.15 p.m.
............................................................... Chairman
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