24th May 2006 - Minutes

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, 24 MAY 2006

PRESENT: Mr C W Arthey – Chairman

Mrs E F Bates Mr P K Beer Miss J J Chapman Mr P J Holbrook Mr B D Hurren Mr D H Keane Mr R E Kemp

Mr C D Kerr Mr N MacMaster Mr A E Pearce Mr J J Quinlan Mr D C Rose Mr R W Thake Mr G S White

Mr A J Hinton, Mr P Jones and Mr B L Lazenby were unable to attend.

10 SUBSTITUTES

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

Mr B D Hurren (substituting for Mr B L Lazenby)
Mr R E Kemp (substituting for Mr P Jones)
Mr G S White (substituting for Mr A J Hinton)

11 DECLARATION OF INTERESTS

Mr P J Holbrook declared a personal interest in Application No B/06/000669 (Paper F27 – Item 6) by virtue of the fact that the applicant is known to him as he is a member of Bures St Mary Parish Council, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Miss J J Chapman and Mr J J Quinlan declared personal interests in Application Nos B/06/000444 and B/06/00580 (Paper F27 – Item 10) by virtue of their membership of Hadleigh Town Council, but indicated that their interest was such that they were able to speak and vote on the matter concerned.

Mr C W Arthey declared a personal interest in Application No B/06/00549 (Paper F27 – Item 13) by virtue of his membership of Lindsey Parish Council but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Mr P J Holbrook declared a personal and prejudicial interest in Application No B/06/00532 (Paper F27 – Item 16) as he lives very near to the application site, and withdrew from the meeting during consideration of this item.

12 MINUTES

RESOLVED

That the Minutes of the meeting held on 26 April 2006 be confirmed and signed as a correct record, subject to the name of the agent for the applicant being amended to read Mr Pomery under Minute No 8.

13 PETITIONS

None Received.

14 QUESTIONS FROM MEMBERS

None received.

15 SITE INSPECTIONS

RESOLVED

(1) That site inspections be held on Tuesday, 30 May 2006 in respect of the under-mentioned sites prior to consideration of the applications by the Committee:-

BENTLEY Application No. B/06/00627/OUT

Erection of vehicle body repairs shop and vehicle body parts storage area with associated vehicle parking area. Alterations to existing vehicular access, Station Garage, Old Station Yard, Bentley Hall Road.

Dr M R Miller, Ward Member for Dodnash had requested a site inspection to enable Members to assess the impact of the application on residential amenity and the surrounding Special Landscape Area.

BOXFORD Application No. B/06/00647/FUL

Erection of one and a half storey / single storey linked residential annexe with adjoining garage / store, home office, garden store / potting shed (following demolition of outbuilding) Coddenham Hall, Boxford Lane.

Mr B D Hurren, Ward Member for Boxford requested a site inspection to enable Members to assess the relationship and possible impact on the existing dwelling.

SHOTLEY Application Nos. B/06/00606/ROC, B/06/00607/FUL and B/06/00608/FUL

Removal of conditions 04, 05 and 06 attached to P.P.B/91/00723/OUT (residential development for 150 dwellings including public open space and access road to B1456) to allow commencement of development without the construction of new roundabout junction to B1456, a new link road from the roundabout to King Edward VII drive via Laundry Hill and roadways from the dwellings to the link road. Improvements to King Edward VII drive to include 6.1 metre wide carriageway, 3.0 metre wide promenade, retaining wall and 3 number cantilevered viewing platforms. Erection of mast and life buoy station, Shotley Marina Ltd, King Edward VII Drive.

Mrs W J Sadler, Ward Member for Berners had requested a site inspection to enable Members to assess the visual impact of the proposed improvements and the highway and amenity impact on Bristol Hill.

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

Mr C W Arthey Mrs E F Bates Mr P K Beer Miss J J Chapman Mr P J Holbrook

Mr P Jones Mr B L Lazenby Mr D C Rose Mr R W Thake

16 PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Details of further objections and representations received in respect of Item Nos. 6, 7, 8, 12 and 16 were reported to the meeting, and were considered and taken into account before a decision was reached 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/04/01474                         Mr Beecroft (Objector)
                                           Mrs Doel (Applicant)

B/06/00422                         Mr Vandevyver (Objector)

B/06/00297                         Mrs Brudenell (Applicant)

B/06/00302                         Mr Whymark (Agent for the Applicant)

B/06/00563                         Mrs Agate (Applicant)

B/05/02110                         Mr Harbord (Objector)

B/06/00173                         Mr Harcourt – Powell (Agent for the Applicant)

B/06/00532                         Mr Whymark (Agent for the Applicant)

RESOLVED

That subject to the imposition of conditions or reasons for refusal (whether additional or otherwise), in accordance with the delegated powers under Council Minute No. 63(d) dated 27 April 1999, decisions on the items referred to in Paper F27 be made as follows:-

(a) COPDOCK AND WASHBROOK Application No. B/04/01474 Paper F27 – Item 3

Full Application – retention of dwelling approved under Planning Permission B/349/82 without compliance with condition 2 (agricultural occupancy) West Hill Farm, Wenham Road.

Notwithstanding the recommendation of the Head of Planning (Control) to grant planning permission, a motion of refusal was moved because Members did not consider there to be sufficient evidence that a satisfactory marketing campaign had taken place. On being put to the vote this motion was lost.

A motion of approval was then moved because the proposal was considered to be in accordance with the provisions of policy CR25 and of the Second Alteration to the Local Plan. In particular the application had demonstrated that there was no longer a need for the dwelling to be tied to the agricultural holding as the nature of the holding had changed since the original grant of planning permission and there was no clear evidence that the dwelling was required locally by anyone else able to comply with the occupancy conditions.

RESOLVED

That planning permission be granted.

(b) EAST BERGHOLT Application No. B/06/00422 Paper F27 – Item 4

Full Application – Erection of single storey rear extension and part single storey and part two storey front extensions, 41 Richardsons Road.

RESOLVED

That Planning Permission be granted subject to the following conditions:-

(c) STUTTON Application No. B/06/00297 Paper F27 – Item 5

Full Application – Change of use of part ground floor from Class A1 (retail) to Class C3 (residential) to provide additional living accommodation in connection with existing dwelling house, Stutton Village Shop and Post Office, Church Road.

Notwithstanding the recommendation of the Head of Planning (Control) to refuse planning permission, a motion of approval was moved because whilst Members agreed that it would have been preferable if an agreed marketing campaign in accordance with policy CR32 had been submitted with the application, the marketing campaign undertaken demonstrated that it was not likely that a purchaser would come forward to retain the shop as a going concern. They therefore concluded that the purpose of policy CR32 would not be prejudiced by a decision to grant planning permission in this case. The application had also demonstrated that the shop was no longer viable or needed by the community.

RESOLVED

That planning permission be granted.

(d) BRENT ELEIGH Application No. B/06/00302 Paper F27 – Item 7

Full Application – erection of two – storey front extension and internal alterations, Laxfield House, Cundys Lane.

RESOLVED

That the Head of Planning (Control) be authorised to grant planning permission, subject to the following conditions:-

• Materials
• As recommended by County Highway Authority
• Development shall not be used other than as part of the existing residential care home as a single planning unit.

(e) CHATTISHAM Application No B/06/00563 Paper F27 – Item 8

Outline Application – erection of detached two–storey dwelling with garage. Construction of new vehicular access, part side garden of the Old Rectory, The Street.

RESOLVED

That planning permission be refused for the following reasons:-

• Inappropriate development outside of the built up area boundary harmful to the open character of the countryside.
• Inappropriate development harmful to the setting of the listed building.
• Contrary to policies ENV1, ENV3, ENV4, ENV6, LP4, LP17, LP18, LP79, LP93, HS02, HS04, HS12, HS14, CN10 and CR01.

(f) POLSTEAD Application No. B/06/00540 Paper F27 – Item 9

Full Application – erection of detached three-storey dwelling and detached cart lodge (following demolition of existing dwelling and out-buildings) Frogs Hall, Martins Lane.

RESOLVED

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

• Materials
• As recommended by County Highway Authority
• Prior demolition of existing buildings
• Drainage
• Landscaping (including hard surface details)
• Details of pond enlargement / reshaping
• Demolition materials to be removed from the site.

(g) LONG MELFORD Application No. B/05/01330 Paper F27 – Item 11

Full Application – extension and improvement of existing Class A1 food store to form an additional 2397 m² gross floor area, with extension and alteration to cage marshalling and delivery / service yard area, reconfigured and enlarged shoppers’ car park, new surface treatment and ancillary plant and equipment, Tesco Stores Ltd, Woodhall Business Park, Springlands Way.

RESOLVED

That it be noted that this item had been withdrawn from the Agenda by the Chairman, in consultation with the Head of Planning (Control), to await further information.

(h) LINDSEY Application No. B/06/00549 Paper F27 – Item 13

Outline Application – erection of 2 no. two storey dwellings and construction of new vehicular access, land adjoining Ivydene, The Tye.

Mr B D Hurren, Ward Member for Boxford, requested a site inspection to enable Members to assess the impact of the application on the character of the existing dwelling and the effect on sustainability.

RESOLVED

(1) That consideration of the recommendation of the Head of Planning (Control) contained in (h) above be deferred.

(2) That a site inspection be held on Tuesday 30 May 2006, and the panel of Members appointed under Minute 15 above inspect the site and that a report thereon be submitted to the next meeting of the Committee, if appropriate.

(i) COCKFIELD Application No. B/05/02110 Paper F27 – Item 14

Full Application – erection of building comprising two-bay garage and ancillary residential accommodation, Old Hall Green Farm Barn, Old Hall Lane.

RESOLVED

That planning permission be refused for the following reasons:-

(j) GREAT WALDINGFIELD Application No. B/06/00173 Paper F27 – Item 15

Full Application – change of use from agricultural land to domestic garden; construction of new vehicular access and erection of detached garage, Prospect House, The Street.

Members noted that as amended plans had been submitted that were subject to re-consultation, as detailed in paragraph 9, the recommendation should be amended to read:

‘Subject to no new material issues being raised during the re-consultation period ending on 1 June 2006, the Head of Planning (Control) be authorised to refuse planning permission for the following reasons:

• Contrary to policies LP78, CN02a and CN01 which seeks to conserve Conservation Areas and enhance the special character of Suffolk. The siting of the garage will have significant adverse impact on the landscape character of the area.’

Notwithstanding the recommendation of the Head of Planning (Control) to refuse planning permission, a motion of approval was moved, which was subsequently changed to a motion of deferral to ensure that additional information submitted by the applicant was made available to all Members.

RESOLVED

That consideration of this item be deferred.

(k) BURES ST MARY Application No. B/06/00532 Paper F27 – Item 16

Full Application – erection of 2 no. dwellings, attached garages and associated works (amended design to that approved under B/05/00326/RES) part rear garden and land adjacent to St Mary’s, High Street.

RESOLVED

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

• As recommended by County Highway Authority
• No additional windows at first floor level
• Implementation of compensatory flood storage area
• Screen walls and fences
• Levels
• Landscaping
• PD rights removed for alterations / extension and outbuilding
• PD rights removed for new openings at first floor.

(l) COPDOCK AND WASHBROOK Application No. B/06/00365 Paper F27 – Item 1

Full Application – variation of condition nos. 03 and 07 of planning permission B/03/01394/FUL to allow hours of operation from 8am until 6pm Mondays to Fridays and 8am to 1pm Saturdays (currently 9am to 5pm Monday to Friday) and the insertion of mezzanine floors in units 2 and 3. Change of use of former agricultural building to Class B1 (light industrial / office), outbuildings at Apple Tree Farm, Folly Lane.

Members noted that the reasons for approval should read as follows:-

“The development, which comprises the change of use of a former agricultural building, is considered to be in accordance with PPS7, PPG13, policies LP28, LP50, LP51 and LP93 of the Babergh Local Plan (Alteration No. 1) and policies EM01, CR01 and CR30 of the Babergh Local Plan (Alteration No. 2) – Second Draft Deposit, in so far as the proposal supports rural enterprise at a site where an existing commercial use operates and would not materially reduce the amenities enjoyed by occupants of neighbouring properties”.

RESOLVED

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

• Restrict to B1 (light industrial)
• Hours of operation restricted to those applied for
• Advisory notes as recommended by County Highway Authority
• Details of any ventilation / extraction system to be submitted for approval.

(m) POLSTEAD Application No. B/06/00474 Paper F27 – Item 2

Full Application – change of use of outbuilding to retail outlet for the sale of vintage and bygone items, Cock Farm, Polstead Green.

RESOLVED

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

• Retail sales restricted to vintage and bygone items as described in the application
• Display and sales to be confined to the building
• As recommended by County Highway Authority.

(n) BURES ST MARY Application No. B/06/000669 Paper F27 – Item 6

Full Application – erection of detached dwelling. Alterations to existing vehicular access, part rear garden of Pilgrims Rest, Sudbury.

Members noted that in paragraph 10 of the report the following wording should be deleted:-

“The applicant submitted revised plans removing the vertical tiling replaced by render reducing the impact of the building on the surrounding area”.

RESOLVED

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

• As recommended by County Highway Authority
• Removal of permitted development rights for outbuilding, extensions, alterations and windows
• Boundary treatment

The meeting adjourned for lunch at 1.15 pm and resumed at 1.40 pm when the following Members were present:-

Mr C W Arthey - Chairman

Mrs E F Bates Miss J J Chapman Mr P J Holbrook Mr D H Keane

Mr C D Kerr Mr J J Quinlan Mr D C Rose Mr G S White

(o) HADLEIGH Application Nos. B/06/00444 and B/06/00580 Paper F27 – Item 10

Full Applications – renewal of P.P.3/03/02100/FUL – temporary use of land for external garden centre for a fixed period of 24 months; erection of 4.05 m security fencing around perimeter of temporary garden centre; extension of existing car (348 spaces) parking area; installation of ramps to facilitate access for persons with restricted ability to temporary garden centre. Erection of permanent external gardening department, Buyright, Calais Street.

Members noted that the reasons for approval should read as follows:-

B/06/00580/FUL

The proposal for a permanent garden extension to the existing superstore is considered to comply with the provisions of PPS6 and Development Plan policies CS1, CS2, ENV3, ECON1, ECON9, ECON10, T9, LP37, LP28, LP67, LP68, LP69, LP146, LP168, EM01, EM12a, EN24, EN25, SP01 and TP18. In particular, the Local Planning Authority considers that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the Development Plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

B/06/00444/FUL

The proposal for the temporary use of land for an external garden centre for a fixed period of 24 months, erection of 4.05m security fencing around the perimeter of the temporary garden centre, extension to existing car parking area (348 spaces), and installation of ramps to facilitate access for persons with restricted mobility to temporary garden centre to the existing superstore is considered to comply with the provisions of PPS6 and Development Plan policies CS1, CS2, ENV3, ECON1, ECON9, ECON10, T9, LP37, LP28, LP67, LP68, LP69, LP146, LP168, EM01, EM12a, EN24, EN25, SP01 and TP18. In particular, the Local Planning Authority considers that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the Development Plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

Members agreed that to prevent the possibility of the car park being used as a ‘racetrack’ a gate should be installed across the entrance that could be locked outside opening hours.

RESOLVED

That subject to there being no new planning issues received from outstanding consultations, and to the installation of a suitable gate/barrier at the entrance, the Head of Planning (Control) be authorised to grant planning permission subject to the following conditions:-

B/06/00444/FUL

• Garden centre to be temporary for 24 months
• Landscaping details to be agreed
• Design and materials of fencing to be agreed
• No external lighting to be installed without prior approval of the Local Planning Authority
• Installation of gate/barrier details
• As recommended by County Planning Authority

B/06/00580/FUL

• No external lighting to be installed without prior approval of the Local Planning Authority
• As may be recommended by County Highway Authority
• Restriction to sales of garden centre items only
• As recommended by Head of Environmental Services
• Installation of gate/barrier details

(p) GLEMSFORD Application No. B/06/00632 Paper F27 – Item 12

Full Application – erection of 8 no. two-storey terraced dwellings with associated parking areas; erection of single-storey detached shop building; construction of new vehicular and pedestrian access (existing bungalow, garage and shop store building to be demolished) land at Elm Grove, Tye Green.

Members noted that comments had been received from the County Highway Authority, who raised no objection to the proposal but recommended that conditions be attached relating to access, geometry surfacing, visibility, parking and turning.

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 in respect of public open space contributions.

(2) That upon completion of the Planning Obligation referred to in Resolution (1) above, the Head of Planning (Control) be authorised to grant planning permission, subject to the following conditions:-

• Materials to be submitted (including reuse / recycling of materials arising from the demolition works)
• Landscaping (hard and soft including surface finish of access road and parking areas) and landscape maintenance
• Proposed boundary treatments
• Finished ground floor levels relative to existing and proposed finished ground levels
• As recommended by County Highway Authority
• Permitted Development Rights removed classes as A – E
• PD restricted – obscure glazing to and no additional openings first floor rear elevations plots 1 – 3
• PD restricted – no additional openings to flank elevation of plot 8
• Services details, including routes of service pipes and cables, location and depths of soakaways etc.

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

Note:

The meeting was adjourned between 11.05 am and 11.25 am for refreshments.

The business of the meeting was concluded at 2.05 pm.

Chairman