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 12 NOVEMBER 2008

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57 - Declaration of Interests
58 - Minutes
59 - Petitions
60 - Questions from Members
61 - Site Inspections
62 - Planning Applications for determination by the Committee

PRESENT: Mr R W Thake – Chairman 

Mr J R B Cave was unable to be present. 

Mrs S P Clarke, Ward Member for Berners, was present at the meeting for Item No. 11 of Paper H134 and spoke on this item with the consent of the Chairman. 

Dr M R Miller, Ward Member for Dodnash, was present at the meeting for Item No. 4 of Paper H134 and spoke on this item with the consent of the Chairman. 

57        DECLARATION OF INTERESTS 

Mr R W Thake declared a prejudicial interest in Application No. B/08/01496 (Paper H134 – Item 8) by virtue of a family member being an objector to this application.  He was not present during the discussion of the item and the Chair was taken by the Vice-Chairman, Mr P K Beer.

Mr P J Holbrook declared a personal interest in Application No. B/08/01503 (Paper H134 – Item 5) because the applicant is known to him, but indicated that he would speak and vote on the matter concerned. 

Mr L S Johnson declared a personal interest in Application No. B/08/01334 (Paper H134 – Item 2) by virtue of occasional visits to the premises in question but indicated that he would speak and vote on the matter concerned. 

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58        MINUTES

RESOLVED 

That the Minutes of the meeting held on 15 October 2008 be confirmed and signed as a correct record.

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59        PETITIONS 

None received. 

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60        QUESTIONS FROM MEMBERS

None received. 

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61        SITE INSPECTIONS 

RESOLVED 

(1)       That site inspections be held on Wednesday 19 November 2008 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 site:- 

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62        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper H134 (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. 2, 4, 5, 8, 12 and 13 were reported to the meeting and considered and taken into account before decisions were made 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 H134 be made as follows:- 

The recommendation of the Chief Planning Control Officer to grant planning permission subject to various conditions was proposed and seconded but was lost on being put to the vote.  During the course of the discussion on the motion to approve, concerns were raised about the adequacy of the surface and foul water drainage provision in respect of the proposed development and the area in general and subsequently a motion was carried to defer consideration of this application for further clarification in respect of drainage.   

RESOLVED 

That consideration of the application be deferred to the next appropriate meeting of the Committee pending the receipt of further clarification on foul and surface water drainage arrangements. 

RESOLVED 

That planning permission be granted subject to the following conditions: 

•                      Standard Time Limit;
•                      Submission of external facing material samples;
•                      Landscaping details;
•                      Standard Archaeological condition;
•                      As per LHA requirements. 

 RESOLVED 

That planning permission be refused for the following reasons: 

• Cramped and contrived form of development contrary to Local Plan Policies HS01, HS30 and CN01 and Policy ENV7 of the East of England Plan;
• Loss of amenity to neighbours through overlooking and general noise and disturbance contrary to Local Plan Policy HS30;
• Lack of Public Open Space provision contrary to PPG17 and Local Plan Policy HS32. 

The Chief Planning Control Officer referred Members to the Addendum to Paper H134 which set out further objections to the proposal.  As a result of the LHA objection, a recommendation of refusal was now proposed by the Chief Planning Control Officer to replace the recommendation for approval which was given on Page 27 of Paper H134. 

RESOLVED 

That planning permission be refused for the following reasons:- 

• Fiddlers Lane is of substandard width and construction with no footway and inadequate visibility.  The proposal would thereby create conditions detrimental to highway safety contrary to Policy ECON14;
• The activity generated by the proposal would be detrimental to local amenities contrary to Policy ECON14. 

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission on the grounds that the proposals are contrary to Policies CR19, CN06 and PPG3, a proposal to grant planning permission subject to the prior completion of a Section 106 Legal Agreement to secure the provision of off-site highway improvements was moved.  Members considered that the structural information received was adequate for them to make their decision, and did not consider that the proposals were contrary to Policy CR19.  

RESOLVED 

(A)              (Planning Application only). 

(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:-

• Off-site highway works including passing bays;
• Junction improvements at junction of B1456.

(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;
• As recommended by the LHA;
• Schedule of window repair and replacement to be agreed and submission of fenestration details;
• Protective fencing to TPO trees;
• As recommended by Suffolk County Council Archaeology;
• Submission of species mitigation strategy as recommended by SWT and NE;
• Submission of schedule of works;
• Painted joinery;
• Hard and soft landscaping details;
• Parking area detail and materials;
• Detail of any new materials to be submitted;
• Works to timber frame barn;
• Details of floors, walls, ceilings.

(B)       That Listed Building Consent be granted, subject to the following conditions:-

• Standard time limit;
• Schedule of window repair and replacement to be agreed and submission of fenestration details;
• Submission of schedule of works;
• Painted joinery;
• Detail of any new materials to be submitted;
• Works to timber frame barn;
• Details of floors, walls, ceilings. 

RESOLVED 

That the application be refused for the following reasons: 

• Unacceptable flood risk contrary to PPS25 and Policies WAT4 and ENV11;
• Harm to the AONB contrary to PPS7 and Policies ENV2, ECON14 and CR02;
• Adverse impact on the highway network contrary to Policy RE12;
• Unsustainable Location contrary to PPS1, PPS7 and Policy E6;
• Harm to neighbour amenity contrary to Policy RE12;
• Need for manager’s accommodation not justified contrary to Policy HS29. 

The recommendation of the Chief Planning Control Officer to grant planning permission was proposed and seconded but lost on being put to the vote.  During the course of the discussion on this item, Members expressed concern about the impact of the proposal on the residential amenity of neighbouring properties and the character of the area and a proposal to refuse for those reasons was carried.   

RESOLVED 

That planning permission be refused for the following reason:- 

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 to the provision or upgrade of public 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 conditions, including:– 

• Submission of reserved matters;
• Materials;
• Landscaping;
• Levels;
• Bat boxes;
• No demolition between March and August;
• As recommended by LHA;
• Surface water drainage. 

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

(i)                 BOXTED  Application No. B/08/01314 Paper H134 – Item 6

Full application – Erection of single storey extension with living accommodation in the roof space. Erection of detached garage (following demolition of existing garage), Snowdrop Cottage, 2 Fenstead End.

RESOLVED 

That planning permission be refused for the following reasons:- 

• The proposed single storey extension with accommodation in the roof space would be contrary to the content and purpose of Policy HS33 of the Babergh District Local Plan which states that rolling or successive permission should not adversely impact on the supply of smaller dwellings. Policies HS33 and CN01 also require new extensions to respect and reflect the surroundings and be of a scale, mass and external appearance which blends in.   
• The proposal by virtue of its scale, form design and external finish would be an incongruous addition harmful to the character of the site, host dwelling and street scene. The cumulative impact of the extension would also result in a dwelling which is disproportionately large when compared to the existing house adversely impacting on the supply of smaller more affordable properties in the District. The proposal is therefore contrary to the aforementioned policies.  
• The proposed single storey extension with accommodation in the roof space would be contrary to Policy CR04 which seeks to protect Special Landscape Areas. The proposal by virtue of its scale, design, form and incongruous appearance would harm the setting and visual amenity of the area contrary to the aforementioned policy.  

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: 

(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: 

• As recommended by LHA;
• Landscaping conditions;
• The two dwellings hereby approved under this permission shall be implemented as an alternative to planning permission B/07/00647 but not both permissions, nor parts of both permissions. 

NB – As the development has already been built using approved materials, a material condition is not necessary   

(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: 

RESOLVED 

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

• Scheme of noise reduction measures
• Provision of new car parking area prior to commencement of extended hours
• Restricting the use of existing car park not permitted during the extended hours
• Implementation of and restriction of use to the outdoor staff break area
• Boundary treatment 

RESOLVED 

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

• Replacement tree
• As recommended by LHA 

Members noted the objection of Bures St Mary Parish Council to the scheme (as reported in the Addendum to Paper H134) on the basis that additional parking provision was not required.  They were advised that a decision on whether the scheme would proceed under the Council’s policy for providing additional car parking on its Council Housing estates would be made after the Housing Panel had given further consideration to local views.  A proposal to refuse planning permission on the grounds that the scheme is not now required was not supported as Members recognised that the programming and funding, or otherwise, of any work would be dealt with through a separate process.  It was therefore appropriate for the Committee to determine the application as submitted.   

RESOLVED 

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

• As recommended by LHA;
• Replacement tree. 

The business of the meeting was concluded at 1.00 p.m.

                                                                                                                                                                                                                         Chairman 

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