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, 29 JULY 2009

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25 - Substitutes
26 - Declaration of Interests
27 - Minutes
28 - Petitions
29 - Questions from Members
30 - Site Inspections
31 - Planning Applications for determination by the Committee
32 - Planning Performance
33 - Consultation on proposed response to new National Planning Policy on Economic Development

PRESENT:Mr R W Thake – Chairman 

Mr P J Holbrook was unable to be present. 

Mrs S M Wigglesworth, Ward Member for Lower Brett, was present at the meeting and spoke on Item 10 of Paper J61 with the consent of the Chairman. 

Mr A J Hinton, Ward Member for Dodnash, was present at the meeting and spoke on Item 12 of Paper J61 with the consent of the Chairman.

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25        SUBSTITUTES 

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

Ms J A Jenkins (substituting for Mr P J Holbrook)

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26        DECLARATION OF INTERESTS

Mr R W Thake declared a prejudicial interest in Application Nos. B/09/00603, B/09/00535 and B/09/00641 (Paper J61 – Items 3 and 4) by virtue of being a Member of Glemsford Parish Council.  He indicated that he would vacate the Chair and would not be present in the Chamber during consideration of these items. 

Mr P K Beer declared a personal interest in Application No. B/09/00649 (Paper J61 – Item 12), by virtue of being a Member of Suffolk County Council but indicated that his interest was such that he would be able to vote and speak on the matter.

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27        MINUTES

RESOLVED 

That the Minutes of the meeting held on 1 July 2009 be confirmed and signed as a correct record, subject to it being recorded that Mrs Clarke had been present at the meeting and spoke on Item No. 6 of Paper J47 and not Item No. 1.

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28        PETITIONS 

None received.

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29        QUESTIONS FROM MEMBERS

None received.

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30        SITE INSPECTIONS

RESOLVED 

(1)       That site inspections be held on Wednesday, 5 August 2009 in respect of the undermentioned 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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31        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an addendum to Paper J61 (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. 3, 4, 6 and 14 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/08/00793                                                       Mr J Wright (Applicant) 

            B/09/00516                                                       Mr Gurney (Objector)

                                                                                       Mr King (Agent for the Applicant) 

            B/09/00230                                                       Mrs Chatters (Objector) 

            B/09/00316                                                       Mr B Davies (Parish Council)

                                                                                       Mr O’Reilly (Applicant) 

            B/09/00600                                                       Mr M Wincer (Agent for Applicant) 

            B/09/00602                                                       Mr M Wincer (Agent for Applicant) 

            B/09/00129                                                       Mrs C Hollywood (Applicant) 

            B/09/00556                                                       Mr S Davies (Objector) 

            B/09/00452                                                       Mr C Huggins (Agent for Applicant) 

            B/09/00510                                                       Mrs Cardy (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 J61 be made as follows:-

RESOLVED 

That consideration of this application be deferred to a future meeting to enable the receipt of any outstanding information from the Local Highway Authority.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, a motion to refuse planning permission for reasons relating to Policies CN01 and HS33 was moved.  Upon being put to the vote this was carried. 

RESOLVED 

That planning permission be refused for the following reasons:- 

·Contrary to Policy CN01

·Contrary to Policy HS33 

At this point in the meeting Mr R W Thake vacated the chair, and Mr P K Beer presided over the meeting. 

RESOLVED 

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

·Materials
·As requested by LHA
·External Lighting
·Protection of Trees During Construction Works
·Landscaping Details
·Scheme of Noise Insulation/Ventilation
·As requested by Environmental Health Officer 

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 a replacement social club in line with Local Plan policy CR20.   

(2)    That, subject to the 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:  

· Materials
· Access improvements
· Visibility
· Loading/unloading
· External lighting
· Protection of trees during construction works
· Landscaping
· Dust suppression during demolition
· Hours of operation for demolition works
· Levels

(3)       That Conservation Area Consent be granted subject to the following condition:- 

· Demolition not to commence until a contract for redevelopment has been made 

(4)       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:- 

· Development contrary to Local Plan Policy CR20 

At this point in the meeting Mr P K Beer vacated the Chair and Mr R W Thake presided over the meeting. 

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 the demolition of the existing property within 28 days of the occupation of the new property. 

(2)       That, subject to the 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:- 

· Materials
· Landscaping
· Removal of permitted development rights for extensions and alterations
· Scheme of protection to trees in the vicinity
· Wildlife mitigation 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:- 

·Development contrary to Local Plan Policy HS05 

RESOLVED 

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

· Materials
· As requested by LHA
· External Lighting
· Bat/Bird Boxes
· Works to Trees/Protection of Trees
· Landscaping details
· Green travel plan

The Chief Planning Control Officer informed the meeting that amended drawings had been received at a late stage, but that it had not been possible to carry out any consultation on these drawings.  These drawings could not, therefore, be considered and the application must be assessed on what has been submitted. 

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to grant planning permission was proposed and seconded as Members did not feel that the application was contrary to Policies PPG1, CR01, CN01, CR04 and CR07.  Upon being put to the vote the motion was carried. 

RESOLVED 

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

· Time limit
· Landscaping
· Retain/safeguard landscaping
· Parking and manoeuvring being provided before use begins
· No events using amplified music or speech unless agreed
· No floodlighting unless agreed
· Remove PD for fences
· Archaeology
· Drainage details
· Materials to be submitted 

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to grant planning permission was proposed and seconded and carried on being put to the vote.  Members did not feel that the application was contrary to Policies PPG17, PPG15, CN08, HS28 and 39. 

RESOLVED 

(1)    That the Solicitor to the Council be authorised to secure, if necessary, a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 to provide for: 

· Healthcare contribution as requested by PCT
· The delivery of a new bowls club prior to work commencing on the care home
· Restrictions on occupancy to over 60s and use to C2 

(2)    That, subject to the 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:  

· Standard time limit
· Materials
· As recommended by LHA
· Archaeology
· Drainage
· Design Details
· Hard and soft landscaping
· Lighting
· Boundary treatment 

(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:- 

· Insufficient provision of social and physical infrastructure contrary to Local Plan Policy LP01, HS39 and PPG17 

At this point the meeting adjourned for lunch at 1.10 p.m. and resumed at 1.35 p.m. when the following Members were present:- 

Mr R W Thake – Chairman 

RESOLVED 

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

· Standard time limit
· As recommended by the LHA
· Landscaping to be provided
· Landscaping to be safeguarded for 5 yrs
· Tree protection fencing
· Materials to be submitted  

RESOLVED 

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

· Submission of material samples
· Removal of PD rights

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to grant planning permission was proposed and seconded as Members did not feel that the development was contrary to Policies PPS1, HS28 and CN01 and was an efficient use of land.  Upon being put to the vote, this motion was lost. 

RESOLVED 

That planning permission be refused for the following reasons:- 

· The proposed development, including the erection of a two storey dwelling and attached garage would be contrary to saved policies CN01 and HS28 of the Babergh Local Plan 2006 which state that new development should not be detrimental to the character of the locality.  The position and form of the proposed dwelling, resulting in a dwelling significantly forward of the dwellings on St Bartholomews Road, with a narrow frontage, would not be in keeping with the character of the area. 

· The proposed development would be contrary to saved policies CN01 and HS28 of the Babergh Local Plan 2006 which states that new development should not be detrimental to the amenities of neighbouring properties.  The position of the new dwelling, and the location of windows in the side elevation, in relation to 5 St Bartholomews Lane would lead to an unacceptable degree of overlooking from the first floor windows, which would be detrimental to the amenity of occupiers of 5 St Bartholomews Lane and the new dwelling.   

RESOLVED 

(1)       That, subject to the submission of a satisfactory Travel Plan for the application site no objection be raised to the development, subject to the imposition of conditions as may be recommended by the Local Highway Authority. 

(2)       That, in the event that a satisfactory Travel Plan is not submitted concurrently with the application an objection be raised on the grounds of the scheme being contrary to Local Planning Policy TP16. 

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 

(2)       That, subject to the 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 outline planning permission subject to the following conditions: 

· Standard Time limit
· Submission of Reserved matters: Appearance, Landscaping, Layout
· Single storey dwelling only to be constructed
· LHA Standard Conditions 

(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: 

· Failure to provide financial contribution towards Public Open Space 

 RESOLVED 

That planning permission be refused for the following reasons:- 

· Lack of private amenity space/overdevelopment of the site;
· Unacceptable overlooking of neighbouring residential properties

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32        PLANNING PERFORMANCE

The Chief Planning Control Officer submitted a report (Paper J62) providing an overview of the number of planning applications and appeals currently being considered by the Planning Control Section and an indication of performance against Government indicators.

Members were advised of the comment that had been omitted from the application in Appendix 2 relating to 15 Fiddlers Lane, East Bergholt and noted that the total number of appeals determined for the period ending 30 June 2009 in Table 4 should be 14 and not 5. 

RESOLVED 

That the report be noted.

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33        CONSULTATION ON PROPOSED RESPONSE TO NEW NATIONAL PLANNING POLICY ON ECONOMIC DEVELOPMENT 

The Head of Natural and Built Environment submitted a report (Paper J63) outlining a proposed response to the Department of Communities and Local Government (CLG) consultation paper on a combined national planning policy document dealing with economic development. 

RESOLVED 

That Strategy Committee be advised that the comments on the proposed response to CLG as set out in Appendix A attached to Paper J63 be approved. 

The business of the meeting was concluded at 3.25 p.m.
                                                                                                                                                    Chairman

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