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 APRIL 2011

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89 - Declaration of Interests
90 - Minutes
91 - Petitions
92 - Questions from Members
93 - Planning Applications for determination by the Committee
94 - Planning Performance

             PRESENT:                           Mr R W Thake – Chairman 

Mr B L Lazenby was unable to be present. 

Mr B Riley (Ward Member for Hadleigh North) was present at the meeting and spoke on Item Nos. 1 and 4 of Paper K233 with the consent of the Chairman. 

Mrs J Antill (Ward Member for Waldingfield) was present at the meeting and spoke on Item No. 2 of Paper K233 with the consent of the Chairman. 

Mrs S M Wigglesworth (Ward Member for Lower Brett) was present at the meeting and spoke on Item Nos. 5 and 9 of Paper K233 with the consent of the Chairman. 

89        DECLARATION OF INTERESTS

Mr C W Arthey declared a personal interest in Application No. B/11/00004 as the Director of the applicant company was known to him personally.  He indicated that he would leave the Chamber whilst the matter was under consideration.

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90        MINUTES

RESOLVED 

That the Minutes of the meeting held on 16 March 2011 be confirmed and signed as a correct record.

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91        PETITIONS 

            None received. 

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92        QUESTIONS FROM MEMBERS

None received.

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93        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE 

Members had before them an Addendum to Paper K233 (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 and 4 of Paper K233 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/09/01431                                                  Mr R Howlett (Objector)
                                                                    Mr T Harbord (Agent for Applicant) 

B/10/01516                                                  Mr P Clifford (Objector) 

B/11/00004                                                  Mr B Frenzel (Applicant) 

B/11/00095                                                  Mr A Wade (Applicant) 

B/10/01239                                                  Mr J Tanner (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 K233 be made as follows:- 

 RESOLVED 

(1)    That a site inspection be held on Wednesday 20 April 2011 in respect of the above site prior to consideration of the application by the Committee. 

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

 RESOLVED 

(1)    That subject to no adverse comments being received from the Local Highway Authority the reserved matters application be granted subject to conditions including:- 

· Wildlife mitigation (including further badger survey as required);

· Details of glazing and ventilation specification for plots 8, 10, 27, east façade of plots 29-34 (flats), 66, 68, 69,70,71,72, 76, 77, 99, 100, 101, 102, 110, 111, 112, and 125;

· As recommended by LHA;

· As recommended by EA.

· Use of construction materials.

(2)       That the details that have been submitted pursuant to conditions 5, 16 and 19 attached to the outline planning permission be approved. 

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions, a motion to refuse planning permission was moved as it was considered that the proposal will result in the loss of residential amenity to nearby residents contrary to Policy EM20.  Upon being put to the vote this proposal was approved. 

RESOLVED 

That planning permission be refused for the following reason:- 

· The extended hours will result in the loss of amenity to nearby properties contrary to Local Plan Policy EM20. 

RESOLVED 

That planning permission be granted subject to conditions including:- 

· Standard time limit

· Conditions relating to ventilation and extraction equipment

· Opening hours 11am – 12pm Mon – Sat, 11am – 11 pm Sunday 

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission a motion to grant planning permission was moved on the basis that the proposal would not have an adverse impact on the character of the area and street scene nor have an adverse impact on the setting of Grade II listed building. Upon being put to the vote this motion was approved. 

RESOLVED 

That planning permission be granted subject to conditions including:- 

· Approval of materials

· Remove Permitted Development rights

· Hard surfaces to be approved

· Landscaping scheme to be approved

· Levels to be approved

· Foul and surface water details to be approved

· As recommended by LHA (where appropriate)

· Scheme of archaeological investigation to be approved 

RESOLVED 

That planning permission be granted subject to conditions including:-

· Standard time limit

· Removal of existing dwelling prior to any occupation of the new house

· Development to proceed in accordance with the Arboricultural report

· Development to proceed in accordance with biodiversity report

· As recommended by the Suffolk Wildlife Trust

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions a motion to refuse planning permission was moved as Members considered that the proposal did not overcome the concerns mentioned in the Planning Inspectors report of 2010 and the design of the dwelling and its appearance was inappropriate and out of character with this part of the village, contrary to Local Plan policies HS02, HS28 and CN01 and policy ENV7 of the East of England Plan.  Upon being put to the vote this proposal was carried. 

RESOLVED 

That planning permission be refused for the following reasons:-

 · Inappropriate design and appearance that does not reflect the character of this part of the village contrary to local plan policies HS02, HS28 and CN01 and ENV7 in the East of England Plan. 

At this point of the meeting the Committee adjourned for lunch at 1.07 p.m. and resumed at 1.33 p.m. when the following Members were present:- 

                                                Mr R W Thake - Chairman 

RESOLVED 

That planning permission be refused for the following reasons:- 

· Adverse impact upon the character and appearance of Long Melford Conservation Area contrary to PPS5 and Policy CNO8 of the Babergh Local Plan Alteration No. 2, 2006. 

· Adverse impact upon the setting of The Thatched House, a listed building contrary to PPS5 and Policy CN06 in the Babergh Local Plan Alteration No. 2, 2006. 

· Adverse impact upon the existing dwellinghouse, given the coffered roof design and fenestration and street scene contrary to Policy ENV7 in the East of England Plan 2008 and Policy CNO1 of the Babergh Local Plan Alteration No. 2, 2006. 

· Adverse impact upon the residential amenities of the adjoining occupiers of The Thatched House by virtue of adverse impact on outlook contrary to policy CNO1 in the Babergh Local Plan Alteration No. 2, 2006.  

During consideration of this item it was agreed that the Chief Planning Control Officer would undertake further discussions with the applicant to determine whether luminance levels could be reduced via the use of a dimming device when the haulage yard is not in operation. 

RESOLVED 

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

· Lighting to be installed and maintained in accordance with schemes designer and manufacturers instructions to achieve the stated luminance levels. 

RESOLVED 

That subject to no adverse comments being received from the Environmental Health Team, Planning Permission be granted subject to conditions including:- 

· Time of year of construction (nesting birds)

· Hours of use

· Details of disabled parking provision

· Landscape management plan

· Landscaping details

· Land contamination – details of risk, site investigation scheme, options appraisal and remediation strategy, verification plan, and verification report.

· Materials to be dark grey metal profile (walls) and light grey metal profile (roof).

· External plant

· External machinery

· External lighting

· Building to be limited to storage only 

RESOLVED 

That planning permission be granted.

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94        PLANNING PERFORMANCE

The Chief Planning Control Officer submitted a report (Paper K234) providing Members with an overview of the number of applications and appeals currently being considered by the Planning Control section and an indication of performance against national indicators for the period 1 January to 31 March 2011. 

RESOLVED 

That the report be noted. 

Note:   The meeting was adjourned between 11.00 a.m. and 11.15 a.m. for refreshments. 

The business of the meeting was concluded at 2.45 p.m.

                                                                                                                                                    Chairman

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