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, 11 FEBRUARY 2009

Quick Links

• 76 - Declaration of Interests
• 77 - Minutes
• 78 - Petitions
• 79 - Questions from Members
• 80 - Site Inspections
• 81 - Planning Applications for Determination by the Committee
• 82 - Planning Performance

PRESENT:  Mr R W Thake – Chairman

Mr D H Keane was unable to be present.

Mr A C Roberts, Ward Member for Berners, was present at the meeting for Item 6 of Paper H189 and spoke on this item with the consent of the Chairman.

Mrs J Antill, Ward Member for Waldingfield, was present at the meeting for Item 11 of Paper H189 and spoke on this item with the consent of the Chairman.

76    DECLARATION OF INTERESTS

Mr R W Thake declared a personal interest in Application No. B/08/01789/LBC (Paper H189 – Item 8) because the applicant is known to him. 

Mr P K Beer declared a personal interest in Application No. B/08/01789/LBC (Paper H189 – Item 8) because the applicant is known to him. 

Both Members indicated that they were able to speak and vote on the matter concerned.

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77    MINUTES

RESOLVED

That the Minutes of the meeting held on 14 January 2009 be confirmed and signed as a correct record.

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78    PETITIONS

The Director of Corporate Services reported in accordance with Council Procedure Rule No. 13 the receipt of the following petitions that had been submitted to the Chief Executive:-

Application No. B/08/01785 – Retention of Access Gates and Gate Posts, 11 Water Street, Lavenham

(a)    Petition dated 22 January 2009

Signed by approximately 26 residents requesting that the application be determined by the Development Committee.  Members noted that the application had already been determined under the delegated powers, and the decision issued, prior to receipt of the petition.             

(b)    Petition dated 29 January 2009

Signed by approximately 53 residents objecting on the basis that the planning application was not considered by the Development Committee.  Members were advised that the petition was accompanied by a letter which will be replied to through the Council’s normal complaints procedure.

Members asked to be kept informed of the response to the issues raised.

In accordance with Procedure Rules, the Chief Executive will report receipt of both petitions to the Council meeting on 24 February 2009. 

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79    QUESTIONS FROM MEMBERS

None received.

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80    SITE INSPECTIONS

RESOLVED

(1)    That site inspections be held on Wednesday, 18 February 2009 in respect of the under-mentioned sites, prior to consideration of the applications by the Committee:-

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

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81    PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper H189 (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 Items No. 2, 4, 5, 9, 10 and 13 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:-

Planning Application No.                        Representations From

B/08/01674                                              Mr L Short (Agent on behalf of the Applicant)

B/08/01673                                              Mr J Tyler (Objector)

B/08/01710                                              Mr Wenham (Applicant)

B/08/01853                                              Mrs C Johnson (on behalf of Acton Parish Council)

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 H189 be made as follows:-

RESOLVED

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

• Provision of agreed scheme of control to prevent light spillage to neighbouring properties.   
                   

Notwithstanding the Chief Planning Control Officer’s recommendation of approval, Members expressed concern about the relationship of the proposal to the existing pattern of development in the locality and in particular the accuracy of the plans indicating the effect on the street scene.  A proposal to refuse permission on the grounds that it did not meet all the requirements of Policy HS28 was proposed and seconded but subsequently withdrawn in favour of a motion to defer consideration so that the plans could be checked to establish the effect on the street scene.

RESOLVED

That consideration of the Chief Planning Control Officer’s recommendations as set out in Item 3 of Paper H189 be deferred to the next meeting of the Committee.

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RESOLVED

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

• Materials
• Boundary Treatment
• As recommended by LHA
• Archaeology
• Ventilation/Extraction Equipment
• Hours of Operation                                  

RESOLVED

That planning permission be refused for the following reason:-

• Un-neighbourly form of development that would give rise to loss of outlook and overshadowing to occupiers of the immediate neighbouring properties, in addition to being overbearing in nature and therefore contrary to Policies HS33 and CN01 of the Local Plan.

Notwithstanding the Chief Planning Control Officer’s recommendation to grant planning permission, a motion to refuse permission for reasons relating to the size of the proposed dwelling was moved and seconded but lost on being put to the vote.                    

RESOLVED

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

• Standard Time Limit
• Low Impact Dwelling Condition
• Landscaping Details to be submitted.
• Details of bird and bat boxes to be submitted
• As recommended by LHA
• Material samples to be submitted
• Drainage details
• Standard contaminated land condition
• Removal of permitted development rights for further extensions and outbuildings

Members noted that the reference to Policy HS01 under paragraph 9 of the report should read HS02 being the relevant version of the policy which relates to housing in rural areas.

Notwithstanding the Chief Planning Control Officer’s recommendation that planning permission be granted, a motion to refuse was proposed and seconded for reasons relating to design, overdevelopment of the site and detriment to the character of the area.

RESOLVED

That planning permission be refused for the following reasons:-

• Inappropriate design that does not reflect the prevailing pattern of development in the locality
• Proposal would result in overdevelopment of a restricted site
• Detrimental to the character of the area contrary to Policies HS28, HS38 and CN01.      

RESOLVED

That planning permission be granted.     

The Chief Planning Control Officer informed Members that since the report was written, the Local Highway Authority had reconsidered its earlier advice and was now objecting to the application.  The recommendation of the Chief Planning Control Officer was therefore that planning permission should be refused because of insufficient parking, and for policy reasons.

RESOLVED

That planning permission be refused for the following reasons:-

• Loss of parking space giving rise to additional on-street parking and general activity detrimental to the amenities of the locality contrary to Policy HS28.
• Proposal is out of character with adjacent development contrary to Policy CN01.         

Notwithstanding the Chief Planning Control Officer’s recommendation that Listed Building Consent should be refused, a motion for approval was proposed and seconded on the grounds that the canopy does not dominate the listed building, causes minimum impact and therefore is not contrary to policy CN06.

RESOLVED

That Listed Building Consent be granted.

 RESOLVED

That the Chief Planning Control Officer be authorised to advise the applicant that the prior approval of the Local Planning authority is required for the siting and design of the development, but the notification is refused for the following reasons:-

• Adverse impact on the Scheduled Ancient Monument (PPG16, PPG15, Policies CN17 and EN26)
• Adverse impact on the street scene and in the wider locality (due to height, siting and prominence) (Policy EN26).

RESOLVED

That the application be referred to the Secretary of State for determination in accordance with Regulation 13 of the Town and Country Planning (Listed Buildings and Conservation Area) Regulations 1990.

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82    PLANNING PERFORMANCE

The Chief Planning Control Officer submitted a report (Paper H183) providing an overview of the number of planning applications and appeals currently being considered by the Planning Control Section and an indication of performance against Government Indicators.  He also referred to further information which had been included in the report relating to planning fees and appeals. Members requested some additional details in relation to appeals.

Members noted that the report had been submitted to the Overview and Scrutiny (Community Services) Committee at its meeting on 3 February 2009 following a request from the Stewardship Committee for further consideration to be given to matters covered by the report.  Members were informed that Overview and Scrutiny (Community Services) Committee would continue to receive relevant information on planning performance through its regular quarterly reports. 

RESOLVED

That the report be noted.

Notes:

1.    Application No. B/08/01710 (Paper H189 – Item 7).  Mrs C Thurlow (Development Control Manager) was not present at the meeting during consideration of this item.

2.    Application No. B/08/01918 (Paper H189 – Item 12).  This application was withdrawn by the applicant prior to the commencement of the meeting.

3.    The meeting was adjourned between 11.20 and 11.45 a.m. for refreshments.

The business of the meeting was concluded at 1.20 p.m.

Chairman

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