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 17 SEPTEMBER 2008

Quick Links

• 40 - Substitutes
• 41 - Declaration of Interests
• 42 - Minutes
• 43 - Petitions
• 44 - Questions from Members
• 45 - Site Inspections
• 46 - Planning Applications for determination by the Committee
• 47 - Public Speaking

PRESENT: Mr R W Thake – Chairman 

The following Members were unable to be present: Mr J R B Cave, Mr D H Keane and Mr A J Ward.

Mr C M Spence, Ward Member for Waldingfield, was present at the meeting for Item No. 2 of Paper H98 and spoke on this item with the consent of the Chairman. 

40        SUBSTITUTES

It was noted that in accordance with Council Procedure Rule No. 5 substitutes were in attendance as follows:- 

Mrs J Antill (substituting for Mr J R B Cave)
Dr M R Miller (substituting for Mr A J Ward)
Mr N A Ridley (substituting for Mr D H Keane) 

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41        DECLARATION OF INTERESTS

Mrs J Antill stated that having already expressed views on Application No. B/08/01182/CMA (Paper H98 – Item 2) she would not participate except to speak as a Ward Member with the consent of the Chairman.  After addressing the meeting in that capacity she left the chamber and was not present during the discussion of the item. 

Mr P G Gibson as the applicant declared a prejudicial interest in Application No. B/08/01141/LBC (Paper H98 – Item 8). 

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42        MINUTES

RESOLVED 

That the Minutes of the meeting held on 20 August 2008 be confirmed and signed as a correct record. 

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43        PETITIONS

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

(a)              Application No. B/08/00995 – Land east of Churchill Close Lawshall 

Petition signed by approximately 65 residents of the District objecting to the retention of the existing lighting standards.  The petition was reported to the Council meeting on 2 September 2008 to be taken into account when the application is determined.

(b)              Application No. B/08/01182/CMA – Extraction of sand and gravel on land north and south of Winthrop Hall, Newton Road, Chilton 

Petition signed by approximately 275 residents of the District objecting to the proposed development.  The petition was taken into account when Members considered their response to Suffolk County Council’s consultation under Item 2 of Paper H98 and will be reported to the Council at its meeting on 23 September 2008.  

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44        QUESTIONS FROM MEMBERS 

None received. 

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45        SITE INSPECTIONS 

RESOLVED 

(1)       That site inspections be held on Wednesday 24 September 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 sites:- 

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 46        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper H98 (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 No.7 were reported to the meeting and considered and taken into account before a decision was made. 

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/08/01182/CMA                 Mr C Poole (on behalf of Newton Parish Council)
                                            Mr S Graham (on behalf of Chilton Parish Council)
B/08/00984                          Mr R Mills (applicant)   
B/08/00495/OUT                  Mrs M Reddrop (objector)         

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 H98 be made as follows:- 

The Chief Planning Control Officer reported that further information had been sought from the applicant and requested that consideration of this item be deferred in order to enable the additional information to be properly assessed. 

RESOLVED 

That consideration of the Chief Planning Control Officer’s recommendations as set out in Item 3 of Paper H98 be deferred to the next meeting of the Committee. 

Notwithstanding the recommendation of the Chief Planning Control Officer  that no objections be raised to the proposed development subject to the receipt of no adverse comments from the LHA, a motion was moved to recommend Suffolk County Council to refuse planning permission for reasons relating to adverse impact on the environment and road safety, and inappropriate location.  The motion also included conditions which Members considered that the County Council should be urged to attach to any planning permission it was minded to grant.  During the course of the debate Members acknowledged the inclusion of a roundabout in the application but were strongly of the opinion that this did not remove their overall objections to the application which they considered to represent an industrialisation of an inappropriate site rather than a straight forward application for mineral extraction in accordance with the Minerals Local Plan. 

RESOLVED 

(1)       That Suffolk County Council be informed that Babergh District Council strongly recommends that the application be refused for the following reasons:- 

·                Adverse impact on the environment of the locality
·                Inappropriate development in the countryside
·                Visually intrusive
·                Adverse impact on road network in terms of traffic and additional risk of accidents

(2)       That if, notwithstanding Babergh District Council’s objection to the proposed development, the County Council is minded to grant planning permission, the District Council urges that conditions relating to the following matters be attached to any such grant of permission:- 

·                No importation of demolition material or material from other quarries
·                Provision of (a) a 40mph speed restriction on the Sudbury to Newton and Newton to A1071 sections of the A134 (b) a roundabout at the junction of the A1071 and the A134 and (c) a pedestrian crossing at Newton
·                The roundabout proposed in the application shall be constructed to accommodate the largest vehicles permitted to use the site and be removed upon completion of the extraction or after 10 years, whichever is the earlier
·                Provision of lighting to the roundabout and approach roads together with road widening to improve visibility
·                Provision of wheel washing facilities on site
·                Better visibility on the approaches to the site

RESOLVED 

That planning permission be refused for the following reasons:- 

·                     The scheme does not preserve/enhance the appearance of the Conservation Area (Policy CN08 – BDLP)
·                     Poor design and relationship to the surroundings (Policies CN01, BDLP, ENV7, EEP)
 

Notwithstanding the recommendation of the Chief Planning Control Officer that planning permission be granted subject to the resolution of outstanding matters and the securing of a Planning Obligation, a motion to refuse planning permission was moved on the grounds that the development would be contrary to Policies HS32, HS01, HS28, HS30, CN01. 

On being put to the vote the motion was lost.  A proposal to hold a site inspection was not seconded. 

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 (a) the receipt of satisfactory amended plans (b) resolution of outstanding drainage issues and (c) 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: 

·                Submission of reserved matters
·                Details of materials to be submitted
·                As recommended by the Local Highway Authority
·                Removal of Permitted Development Rights for further extensions and for insertion of new openings above ground floor
·                Landscaping scheme and hedge protection measures.
·                Archaeological scheme to be secured

 (3)       That in the event that revised plans are not received, outstanding drainage issues not resolved and 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: 

·                Lack of financial contribution towards Public Open Space provision.
·                Detrimental to neighbouring amenity.
·                Inadequate provision for managing surface water run-off. 

The recommendation of the Chief Planning Control Officer to grant planning permission subject to the imposition of conditions was proposed and seconded but was lost on being put to the vote.  A motion to refuse for reasons relating to failure to respect the character of the Conservation Area and detriment to residential and other amenity was carried.  Members also agreed to authorise the taking of enforcement action in respect of the garage, which had not been built in accordance with the previously approved plan.  

 RESOLVED 

(1)       That planning permission be refused for the following reasons:- 

·                The scale, mass and form of the garage does not respect the adjacent Listed Building
·                Adverse effect on the character of the Conservation Area and an unsatisfactory relationship to and visible from the nearby footpath.
·                Detrimental to the residential amenities enjoyed by the occupants of the adjacent Listed Building 

(2)       That the Head of Natural and Built Environment be authorised to serve an enforcement notice under Section 172 of the Town and Country Planning Act 1990 as amended to remedy the breach of planning control in respect of the erection of the garage at Westgate Park, Westgate Street, Long Melford.  

(3)       That in the event of the enforcement notice not being complied with within the period specified for compliance, the Solicitor to the Council be authorised to institute proceedings in the Magistrates Court pursuant to Section 179 of the Town and Country Planning Act 1990 as amended. 

RESOLVED 

That, subject to no new material considerations being received in response to the consultation on the amended plans, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:- 

·                Materials to match existing
·                Protect trees during construction
·                Parking
·                Lighting as recommended by the Local Highway Authority 

RESOLVED 

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

·                     approval of reserved matters
·                     hours of operation
·                     lighting
·                     drainage 

 RESOLVED 

That Listed Building Consent be granted subject to the following condition:- 

·                     Before any works to create the hereby approved opening between the study and lobby area at ground floor level as shown on the ground floor plan received on 8 July 2008 are commenced, the concealed structure of the existing wall shall be revealed for inspection by the Local Planning Authority, and no other works to create the opening shall be undertaken without the prior written agreement of the Local Planning Authority. 

RESOLVED 

That planning permission be granted. 

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47        PUBLIC SPEAKING

The Director of Corporate Services reported that under the Council’s policy for public speaking on planning applications there is provision for only one representative each to speak for the Town/Parish: objector: and applicant, save in exceptional circumstances. 

Due to the public interest and the possible impact of the proposed retail development (Tesco) site at Bridge Street, Hadleigh, Members were asked to consider whether the arrangements for public speaking should be changed for this item when it is considered in due course by the Development Committee. 

RESOLVED 

(1)       That up to four speakers be entitled to speak on behalf of the objectors to, and up to four speakers be entitled to speak on behalf of the supporters of (which would include the applicant), the application.  Further that the time limit for the speeches be extended from 3 minutes to 5 minutes for each of those speakers. 

(2)       That the time limit for the speech from the representative of Hadleigh Town Council be extended from 3 minutes to 5 minutes.

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The business of the meeting was concluded at 12.40 p.m.
                                                                                                                                                     Chairman