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, 28 NOVEMBER 2007

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56    Substitutes
57    Declaration of Interests
58    Minutes
59    Petitions
60    Questions from Members
61    Planning Applications for Determination by the Committee
62    Request for Minor Amendments to Application Reference B/06/01953/FUL


            PRESENT:                               Mr A J Hinton – Chairman

Mr R C Smith and Mr A J Ward were unable to be present.

Mrs J Antill and Mr C M Spence (Ward Members for Waldingfield) were present at the meeting for Items 9 and 13 of Paper G147.  Mr Spence spoke on both items, and Mrs Antill spoke on Item 13, with the consent of the Chairman.

56        SUBSTITUTES

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

            Dr M R Miller (substituting for Mr A J Ward)

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57        DECLARATION OF INTERESTS

            None declared.

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58       MINUTES

RESOLVED

That the Minutes of the meeting held on 31 October 2007 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        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper G147 (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, 2, 4, 9, 12 and 14 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/07/00177/CMA                                            Mr P Haylock (Parish Council)
                                                                                   Mr V Humphries (Objector) 

            B/07/00402/FUL                                             Mr R Collins (Applicant)

            B/07/01211/FUL                                             Mr V Humphries (Parish Council)
                                                                                   Ms J Misselbrook (Objector)
                                                                                   Mr H Darlington (On behalf of Applicant)

            B/07/01648/FUL                                             Mr R Lingard (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 G147 be made as follows:-

Members were advised that after consultation with the Solicitor to the Council, the Committee was recommended to defer this application to enable further consideration to be given to various matters, including the requirements of any Planning Obligation under Section 106 of the Town and Country Planning Act 1990.

RESOLVED

That consideration of the recommendations of the Chief Planning Control Officer contained in Item 8 of Paper G147be deferred pending the receipt of further legal advice.

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 contributions towards public open space provision.

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

• Materials
• Landscaping

(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:

Members were aware that this application is a Suffolk County Council matter for which the District Council is a consultee.  Reference was made to the timescale for responses from consultees and Members expressed concern that they did not have the views of the LHA.

During the course of the ensuing debate and notwithstanding the recommendation of the Chief Planning Control Officer that the Mineral Planning Authority (MPA) be informed that Babergh District Council has no objection to the application, a proposal to recommend the MPA to refuse the application was withdrawn in favour of a motion to defer consideration pending the receipt of highway views and other information.

RESOLVED

That consideration of the recommendation of the Chief Planning Control Officer contained in Item 9 of Paper G147 be deferred pending receipt of the comments of the Local Highway Authority together with further information on the likely mix of sizes of vehicles expected to visit the proposed site.

RESOLVED

That, subject to the satisfactory resolution of drainage issues and the provision of a footpath as required by the Local Highway Authority with no objection from the Environment Agency or the LHA, the Chief Planning Control Officer be authorised to grant planning permission subject to conditions:- 

• As recommended by the LHA
• As recommended by Environmental Health
• Materials
• No floodlighting except in accordance with details which shall first have been submitted to and approved by the LPA
• Levels
• Any as required by the EA

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 being secured, a motion to refuse was moved as Members considered that the design of the current proposal was inappropriate in this location within the Conservation Area.

RESOLVED

That planning permission be refused for the following reasons:-

• The addition of dormer windows to the front elevation and alterations to the stairwell to the rear elevation would result in an inappropriate form of development that would neither preserve or enhance the Conservation Area (Policies HS30, CN01 and CN08)
• Inadequate public open space provision (Policy HS32 and PPG17).

RESOLVED

(1)    That subject to:-

        (i)    no new material issues being raised during the outstanding period of public consultation,

        (ii)    no reasonable and material objections being received from Natural England (ecology issues) and;

        (iii)    the satisfactory resolution of the issues surrounding the request from the Suffolk PCT for a financial contribution in relation to health care requirements

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 for

• The provision of 32 of the 93 units as affordable housing, in perpetuity
• A financial contribution (if appropriate) towards the maintenance of the on site open space (including the play space and equipment) and other incidental open spaces and strategic landscaping areas
• The payment of the education contribution
• The payment of the healthcare contribution referred to in Resolution (1)(iii) above (if appropriate).
• The payment of a developer contribution to be used to provide a cycle link to the primary school
• As may be recommended by LHA

(2)    That, subject to the Planning Obligation referred to in Resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to conditions, including:-

• Samples of materials
• Landscaping
• Retention and protection of trees and hedgerows
• Ecology (including those matters recommended by SWT and as may reasonably be recommended by NE)
• Construction management plan
• Provision of the off site highway improvements – paragraph 6 of Paper G147.  (Grampian style condition, unless included within the Planning Obligation)
• As may be recommended by LHA (including street lighting)
• Contamination and remediation (as recommended by Environmental Health)
• Fire Hydrants
• Recycling of materials from demolition
• Means of enclosure
• Details of play space and equipment
• Withdrawal of GPDO rights to the affordable housing units.
• As recommended by the County Archaeologist.

(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 reasons:-

 RESOLVED

(1)    That, subject to no adverse comments being received from the Health and Safety Executive, the Building Control Manager and/or the Head of Contract and Asset Management, 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 for

• the provision of ‘affordable housing’ or a financial contribution towards off-site affordable housing provision, as appropriate (paragraph 35 of Paper G147 refers)
• the payment of the recreation contribution (policy HS32)

(2)     That, subject to the Planning Obligation referred to in Resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to conditions, including:

• Samples of materials
• Tree protection
• Landscaping
• Details of boundary treatments
• Slope stability (if required)
• Ground and ground floor levels

(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 reasons (as may be appropriate):

• Adverse impact upon the slope (PPG14)
• Inadequate provision for affordable housing (policy HS09)
• Inadequate provision for public open space (Policy HS32 and PPG17)
• As may reasonably be recommended by the Health and Safety Executive

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 being secured, a motion of refusal was moved as Members considered that the application would result in over-development of the site and loss of amenity.

RESOLVED

That planning permission be refused for the following reasons:-

• Cramped form of development and loss of amenity (Policies HS28, HS30 and CN01)
  

RESOLVED

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

• Materials to match existing

RESOLVED

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

• Materials
• Landscaping
• Removal of permitted development rights for extensions and alterations

At this point the meeting adjourned for lunch at 1.05 p.m. and resumed at 1.35 p.m. when the following Members were present:-

Mr A J Hinton – Chairman

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 for financial contributions towards public open space provision.

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

• Landscaping scheme
• As recommended by LHA
• As recommended by the County Archaeologist

(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:-

•    Inadequate provision of public open space and play equipment

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 for financial contributions towards public open space provision.

(2)    That, subject to the Planning Obligation referred to in Resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to the following condition:-

• Landscaping scheme

(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:-

• Inadequate provision of public open space and play equipment

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions, a motion to refuse was moved as Members considered that the proposal constituted development in the countryside of which the scale, design and appearance were inappropriate in this location.

 RESOLVED

 That planning permission be refused for the following reasons:-

• Inappropriate development in the countryside (CR01)
• Inappropriate scale and design (CN01)

RESOLVED

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

• Landscaping as recommended by the Environment Agency
• Control of floodlighting
• As recommended by the County Archaeologist

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62        REQUEST FOR MINOR AMENDMENTS TO APPLICATION REFERENCE B/06/01953/FUL – ERECTION OF 2 NO. DETACHED BUNGALOWS WITH DETACHED SINGLE GARAGES.  ALTERATIONS TO EXISTING VEHICULAR ACCESS – 43 HIGH ROAD  LEAVENHEATH

The Chief Planning Control Officer reported that planning permission for the erection of two detached bungalows with detached garaging was granted to the rear of this site (behind the original dwelling at 43 High Road) on 3 April 2007.  The applicants had now submitted a request to amend the design of the bungalow under construction at Plot 3, and objections had been received raising various concerns.  The Officer’s view was that there would be no material impact upon residential amenity, and the request for minor amendments was considered acceptable.  The changes would be compatible within the site setting and thereby in accordance with Development Plan Policy.

RESOLVED

That the minor amendments to the approved plans B/06/01953/FUL (as detailed below) be agreed:-

• The insertion of 2 No. velux rooflights in the rear elevation to provide additional daylight to the dining room.
• The insertion of 2 No. side windows either side of a fireplace and chimney stack on the west elevation to serve the sitting room.
• To omit the cropped hips from the roofs of the pairs of gables on the front and rear elevations.    

The meeting was adjourned between 11.00 a.m. and 11.15 a.m. and 1.05 p.m. and 1.35 p.m. for refreshments.

The business of the meeting was concluded at 2.10 p.m.

Chairman

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