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, 20 AUGUST 2008 

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35 - Declaration of Interests
36 - Minutes
37 - Petitions
38 - Questions from Members
39 - Planning applications for determination by Committee

            PRESENT:                              Mr R W Thake – Chairman 

Mr D C Rose was unable to be present. 

Dr M R Miller, Ward Member for Dodnash, was present at the meeting for Item No. 5 of Paper H95 and spoke on the item with the consent of the Chairman.

35        DECLARATION OF INTERESTS 

Mr L S Johnson subsequently declared a personal interest in Application No. B/08/00872 (Paper H95 – Item 2) by virtue of living in the vicinity of the application site but indicated that his interest was such that he was able to speak and vote on the matter concerned. 

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36        MINUTES 

RESOLVED 

That the Minutes of the meeting held on 23 July 2008 be confirmed and signed as a correct record. 

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37        PETITIONS 

None received. 

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38        QUESTIONS FROM MEMBERS 

None received. 

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39        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an addendum to Paper H95 (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 objections and representations received in respect of Item Nos. 1 and 4 were reported to the meeting and were 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: - 

Planning Application No.                              Representations From 

B/08/00795                                                  Mr K Cownden (on behalf of the applicant) 

B/08/00984                                                  Mr R Mills (applicant) 

B/08/00915                                                  Mrs K Peck (objector)
                                                                      Mr I O’Hanlon (on behalf of the applicant) 

B/08/00304                                                  Mr A Pettitt (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 H95 be made as follows:           

RESOLVED 

(1)       That, subject to the receipt of satisfactory additional information regarding protected trees (method statement) and no new material issues arising from consultation with the Arboricultural Officer and Ipswich Borough Council agreeing approval of their application reference no. IP/08/00365/OUT; the Solicitor to the Council be authorised to secure a planning obligation agreement under Section 106 of the Town and Country Planning Act, 1990 between all relevant parties including the applicant, Suffolk County Council, Ipswich Borough Council and Babergh District Council and that agreement to provide for amenity public open space to be transferred and managed by IBC, subject to its agreement. 

(2)        That, subject to the completion of the planning obligation in Resolution (1) above being secured the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions: 

·                     Materials;
·                     Standard reserved matters;
·                     Management of Landscaped Areas;
·                     Tree protection;
·                     Species mitigation strategy to be submitted;
·                     Species management plan to be submitted;
·                     Contamination investigation to be submitted;
·                     As recommended by LHA;
·                     As recommended by AW;
·                     As recommended by EA;
·                     As recommended by the Head of Contract and Asset Management;
·                     Hours of use restricted 8am – 6pm (Monday-Friday) and 8am – 1pm (Sat) with no use on Sundays and Bank Holidays;
·                     No external plant or equipment to be installed without prior submission of details;
·                     No external lighting to be installed without prior submission of details;
·                     Remove permitted development rights to change to B8;
·                     As recommended by SCC (Archaeology);
·                     Submission of construction management plan;
·                     Submission of travel plan. 

(3)        That, in the event of the planning obligation referred to in Resolution (1) above not being secured or the Arboricultural Officer not being satisfied with the submitted method statement, the Chief Planning Control Officer be authorised to refuse planning permission for the following reasons :- 

·                     Adverse impact on protected trees;
·                     No provision of public open space contrary to HS32;
·                     As recommended by the Head of Contract and Asset Management.
 

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to approve was moved on the grounds that approval of the application would not be detrimental to the impact of the Conservation Area.  An amendment to the motion was then moved requesting that a site inspection be undertaken to assess the impact of the proposal on the Conservation Area.  Upon being put to the vote the amendment was carried and this was then put forward as a substantive motion which was also carried. 

RESOLVED 

(1)    That consideration of the recommendation of the Chief Planning Control Officer contained in (b) above be deferred. 

(2)    That a site inspection be held on Wednesday 27 August 2008 to inspect the site; that a report thereon be submitted to the    next meeting of the Committee and that a panel comprising the   following Members be appointed to inspect the site: 

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, a motion to refuse was moved as Members considered that the form, scale and mass of the proposal would be inappropriate and detrimental to the residential amenities of adjacent occupiers. 

RESOLVED 

That planning permission be refused for the following reasons: 

Form scale and mass inappropriate and detrimental to the residential amenities of adjacent occupiers. 

 RESOLVED 

That planning permission be refused for the following reason: 

·                    Adverse impact on the open space, street scene and character of the area.  

 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 in Resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions: 

·                     Standard Time Limit
·                     Details of materials to be submitted
·                     Provision of parking spaces prior to commencement of development
·                     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 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: 

·                     Lack of financial contribution towards Public Open Space provision. 

RESOLVED 

That planning permission be refused for the following reasons: 

·                     Adverse impact on the residential amenity of neighbours
·                     Poor standard of residential amenity for future occupants
·                    Over development and a poor design and relationship to surrounding character
·                    Failure to preserve or enhance the Long Melford Conservation Area
·                     Adverse impact on the setting of listed buildings
·                     Lack of an open space contribution  

RESOLVED 

That planning permission be granted. 

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The business of the meeting was concluded at 11.55 a.m. 

                                                                                                                                                                                                                          Chairman