29th March 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, 29 MARCH 2006

PRESENT: Mr R W Thake – Chairman

Mr C W Arthey, Mr P J Holbrook, Mr B L Lazenby and Mr N MacMaster were unable to attend.

Mr R E Kemp, Ward Member for Long Melford, was present at the meeting for Item Nos. 2 and 4 of Paper E312 and spoke on the items with the consent of the Chairman.

Mr M P Booth, Ward Member for Sudbury (South), was present at the meeting for Item No. 11 of Paper E312 and spoke on the item with the consent of the Chairman.

Mr D M Busby, Ward Member for Pinewood, was present at the meeting for Item No. 21 of Paper E312 and spoke on the item with the consent of the Chairman.

104 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)
Ms J A Jenkins (substituting for Mr P J Holbrook)

105 DECLARATION OF INTERESTS

Mr R W Thake declared a personal and prejudicial interest in Application Nos. B/05/01961 and B/05/02099 (Paper E312 – Item 4) by virtue of being a friend of one of the objectors and was not present during its discussion. Mr J J Quinlan took the chair for this item.

Mr P K Beer declared a personal interest in Application Nos. B/06/00299, B/06/0014 and B/06/00185 (Paper E312 – Items 9, 13 and 20) by virtue of being a member of Great Cornard Parish Council, Sudbury Town Council and Suffolk County Council. Mr Beer stated that he would consider the matters afresh and that his views may not be the same as previously expressed at Parish Council meetings.

106 MINUTES

RESOLVED

That the Minutes of the meeting held on 1 March 2006 be confirmed and signed as a correct record, subject to Mr J C Brand being removed from those present at the meeting.

107 PETITIONS

The Acting Head of Legal and Administrative Services reported that in accordance with the Council Procedure Rule No. 13 a petition had been submitted to the Chief Executive relating to:-

Application No. B/06/00303/FUL – Change of use from A1 to A5, 50 North Street, Sudbury. (Signed by approximately 104 residents).

Members noted that in accordance with the Procedure Rules, the Chief Executive would report the receipt of the petition to the Council Meeting on 11 April 2006.

108 QUESTIONS FROM MEMBERS

None received.

109 SITE INSPECTIONS

RESOLVED

(1) That site inspections be held on Wednesday, 5 April 2006 in respect of the under-mentioned sites prior to consideration of the applications by the Committee:-

Mr J A B Long, Ward Member for Chadacre, had requested a site inspection to enable Members to appreciate the size of the proposed site, and assess the possible impact of the development, and the removal of trees on the conservation area and the adjacent properties.

Mrs E F Bates, Ward Member for Waldingfield, requested a site inspection to enable Members to familiarise themselves with the site and assess the possible impact of the development.

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

110 PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Details of further objections and representations received in respect of Item Nos. 2, 4, 6, 9, 10, 12, 13, 15, 16, 17, 18, 19 and 21, 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/05/01947 and B/05/01948 Mr Wilcox (On behalf of the applicant)

B/06/00182 and B/06/00183 Mr Davis (Applicant)

B/05/01961 and B/05/02099 Mr Coll (Objector)

B/05/01637 Mrs Hatherall (Representing Brettenham Parish Council)
Mr Kidds (Objector)
Mr Scarfe (Agent for the Applicant)

B/06/00229 Mr Evans (Objector)
Mr Prosser (Agent for the Applicant)

B/05/02159 Mrs Mott (Objector)
Mr Peden (On behalf of the Administrator)

B/06/00095 Mr Harbord (Agent for the Applicant)

B/06/00330 Mr Cobbold (Agent for the Applicant)

B/06/00159 Mr Barley (Objector)

B/06/00277 Mr Higgins (Objector)

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 E312 be made as follows:-

Members noted that comments had been received from the Conservation Officer, and as a result the recommendation had been amended to read as follows:-

Refuse planning permission for the following reasons:-

-residential development in the countryside without justification
-inadequate flood risk assessment
-inadequate and unsympathetic alterations to the listed barns to facilitate the uses proposed

and refuse Listed Building Consent for the following reasons:-

-inappropriate and unsympathetic alterations to the listed barns to facilitate the uses proposed

Notwithstanding the recommendation of the Head of Planning (Control) to refuse planning permission, a motion of approval was moved because Members considered the proposal to be an acceptable use for the barns. They also agreed that the proposal would improve the sustainability of the site and preserve the listed barns without the construction of new buildings. Members accepted that possible alterative business uses for the site had been adequately investigated, and did not consider the submission of an inadequate flood risk assessment to be a reason for refusal as there had been no records of previous flooding on or around the site. There were also no objections from the County Highway Authority.

RESOLVED

That planning permission and Listed Building Consent be granted.

RESOLVED

That subject to the receipt of the views of English Heritage, the Head of Planning (Control), be authorised to grant planning permission and Listed Building Consent, subject to the following conditions:-

-materials
-fenestration details

A motion of approval, as recommended by the Head of Planning (Control) was moved, but on being put to the vote this motion was lost. A motion of refusal was then moved as Members considered the proposal to be overdevelopment of the site because of the size of the proposed building, and they did not consider the application to be compatible with the surrounding historical buildings.

RESOLVED

That planning permission be refused for the following reason:-

-overdevelopment

RESOLVED

That it be noted that this item had been removed from the Agenda by the Chairman, in consultation with the Head of Planning (Control) as there were further issues to be addressed.

RESOLVED

That subject to satisfactory design amendments being received, no new material issues being raised by the Parish Council, and the receipt of the County Highway Authority’s views, the Head of Planning (Control) be authorised to grant planning permission, subject to the following conditions:-

- materials
- removal of GPDO rights for the erection of extensions and new openings at first floor level
- any as recommended by County Highway Authority

Notwithstanding the recommendation of the Head of Planning (Control) to grant outline planning permission, a motion of refusal was moved because Members considered the proposal to be overdevelopment of the site that would result in the loss of amenity to neighbouring properties and also have a detrimental affect on the street scene. On being put to the vote, this motion was lost.

Members accepted that as the current application was for outline planning permission only, any concerns relating to loss of amenity or impact of the development could only be considered when a full application was submitted, and therefore requested that the full application be brought before the Committee at the appropriate time.

RESOLVED

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

- materials
- levels (existing and proposed finished ground levels and finished ground floor levels)
- landscaping scheme (including retention of existing trees and hedgerows)
- details of proposed boundary treatments
- as recommended by County Highway Authority
- contamination
- canopy fence to protect tree

Members noted that following the receipt of comments from Cornard Tye Residents Association, Suffolk Preservation Society and Great Cornard Parish Council an additional condition had been added to the recommendation relating to lighting at the site.

RESOLVED

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

- materials to be submitted
- no additional lighting to be installed without prior submission of details to the Council.

Members noted that following the withdrawal of the objection from the Environment Agency, reason 6 had been removed from the recommendation. Notwithstanding the recommendation of the Head of Planning (Control) to refuse planning permission, a motion of approval was moved because siting and access had been removed from the application. Members considered the site to be an unsuitable location for employment purposes and, with the attachment of conditions to any planning permission granted, the proposed application could improve the residential amenity of the area and the stability of the banks.

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:-

- affordable housing
- an education contribution
- a public open space contribution

(2) That subject to the Planning Obligation referred to in Resolution (1) above being secured, the Head of Planning (Control) be authorised to grant outline planning permission, subject to such conditions as he considers appropriate.

RESOLVED

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

- materials
- details of parking and turning
- details of any additional boundary treatment

The Head of Planning (Control) gave a verbal update on the further investigations relating to the possible impact of the electricity substation and adjoining industrial buildings.

RESOLVED

(1) That subject to no new issues and satisfactory responses/conclusions from all outstanding technical consultees and satisfactory resolution of all outstanding matters, 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 and the provision of affordable housing.

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

- any as requested by the County Highway Authority
- reserved matters (to omit means of vehicular access)
- landscaping
- fencing
- levels
- ecological conditions to safeguard wildlife interests (if appropriate)
- surface water drainage
- restriction on hours of working for construction
- any as required following resolution of all outstanding matters
- any as required by the Head of Environmental Services, EDF or the Health and Safety Executive
- any as required from outstanding technical consultees

The meeting adjourned for lunch at 12.55 p.m. and resumed at 1.30 p.m. when the following Members were present:-

Mr R W Thake – Chairman

Members noted that comments had been received from the County Highway Authority and they had requested that conditions be attached to any planning permission to ensure that vehicles entered and left the site from specified access points only. However, as the attachment of a planning condition seeking this requirement was unlikely to be enforceable the County Highway Authority had been asked for their comments if these conditions were not added and a reply was still awaited.

RESOLVED

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

- as recommended by County Highway Authority
- as recommended by Environment Agency
- no floodlighting or other means of external lighting (unless separate planning permission granted)
- no working or storage outside the building
- landscaping of the site (including boundary treatment)
- the use to be restricted to a grain cleaning contractor’s depot
- details of the provision of toilet and washing facilities

RESOLVED

(1) That subject to the receipt of satisfactorily revised, more detailed drawings by no later than 1 May 2006, the Head of Planning (Control) be authorised to approve the reserved matters with the following condition:-

- notwithstanding submitted details, a landscaping scheme to be submitted

(2) That in the event of satisfactorily revised drawings not being received, the Head of Planning (Control) be authorised to withhold approval on the basis that the development would be contrary to Policies ENV1, ENV3 and ENV8 of the Suffolk Structure Plan 2001, Policies LP18, LP78, LP79 and LP97 of the Babergh Local Plan (Alteration No. 1) and emerging Policies HS14, CN01, CN10, CN12 and CR05 of the Babergh Local Plan (Alteration No. 2 – Second Deposit Draft). As the layout and design of the development would not be conducive to the setting of nearby listed buildings and the Special Landscape Area and would neither preserve nor enhance the Conservation Area. The development would not be acceptable in highway safety terms.

During discussion Members expressed concern regarding the safety features of the proposal and the absence of any bunding around the tank.

RESOLVED

That the Head of Planning (Control) be authorised to grant planning permission, subject to reconsultation with the Environment Agency to resolve any safety matters.

RESOLVED

That it be noted that this application had been withdrawn from the Agenda by the applicant to allow further investigation relating to the capacity of the level crossing.

RESOLVED

That the applicants be advised that the prior approval of the Local Planning Authority is required for the siting and design of the development, but that approval is withheld because (i) the unsatisfactory design and siting, to the detriment of the character and appearance of the locality, (ii) there being insufficient evidence that the beam of greatest intensity will not fall on any part of the grounds of the nearby school.

RESOLVED

(1) That subject to no new material issues arising from the outstanding public consultation period, the Solicitor to the Council be authorised to secure a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to ensure that:-

- 8 of the dwellings proposed are managed in such a way as to meet identified local housing needs in perpetuity
- the payment of contributions towards public open space provision

(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
- levels
- as recommended by County Highway Authority
- landscaping

(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 reasons:-

- development contrary to Policies LP4 and HS02
- inadequate provision of public open space and play equipment (off site)

RESOLVED

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

- removal of Permitted Development Rights (extensions, alterations, oil tanks, means of enclosure and outbuildings, etc.)
- as recommended by County Highway Authority
- restriction to holiday accommodation only
- bat survey
- details of surface water and foul sewage disposal
- materials

RESOLVED

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

- materials to be submitted

RESOLVED

That planning permission be granted, subject to conditions including:-

- materials
- parking area to be maintained as approved
- details of layby
- landscaping (including boundary treatment details)
- as recommended by County Highway Authority
- as recommended by SCC (Archaeology)

That Listed Building Consent be granted, subject to conditions including:-

- details of bricks, brickwork and roof tiles
- details of render
- colour of render
- fenestration details
- colour of joinery
- details of staircase
- details of chimney stack

Members noted that English Heritage had requested further information relating to the extractor fan in the window before they could make any comments or observations. Officers were to obtain further details from the Developer before reconsultation with English Heritage.

RESOLVED

That subject to no objection from English Heritage, the Head of Planning (Control) be authorised to grant planning permission, subject to the following conditions:-

- colour of mast to be agreed
- no further antenna to be added without the grant of planning permission

RESOLVED

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

- materials
- details of any mechanical equipment
- details of lighting

Note: The meeting was adjourned between 10.55 a.m. and 11.20 a.m. for refreshments.

The business of the meeting was concluded at 3.20 p.m.

Chairman