5th March 2008 - Minutes

MINUTES OF A MEETING OF THE DEVELOPMENT COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON WEDNESDAY, 5 MARCH 2008

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77 Declaration Of Interests,
78 Minutes,
79 Petitions,
80 Questions From Members,
81 Site Inspections,
82 Planning Applications For Determination By The Committee,
83 Safeguarding Employment Land Supplementary Planning Document (SPD),

 

PRESENT:                        Mr A J Hinton – Chairman

Mr C M Spence Ward Member for Waldingfield was present at the meeting for Item No. 1 of Paper G206 and spoke on this item with the consent of the Chairman.

77 DECLARATION OF INTERESTS

Mr P J Holbrook declared a prejudicial interest in Application No. B/08/00140/OUT by virtue of the applicant being well known to him and was not present during consideration of this item.

Mr B L Lazenby declared a personal and prejudicial interest in Application No. B/08/00166/FUL by virtue of the applicant and the objector both being well known to him and was not present at the meeting during consideration of this item.

Mr C W Arthey declared a personal and prejudicial interest in Application No. B/07/01839/FUL by virtue of his close association with the applicant and was not present at the meeting during consideration of this item.

Mr P K Beer and Mr C M Spence subsequently declared personal interests in Application No. B/07/00177/FUL in their capacity as Suffolk County Councillors.  Mr Beer indicated that his interest was such that he was able to speak and vote on the item in question. 

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78 MINUTES

RESOLVED

That the Minutes of the meeting held on 6 February 2008 be confirmed and signed as a correct record.

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79 PETITIONS

None received.

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80 QUESTIONS FROM MEMBERS

None received.

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81 SITE INSPECTIONS

RESOLVED

(1) That site inspections be held on Wednesday 12 March 2008 in respect of the under-mentioned sites prior to consideration of the applications by the Committee:-        

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

Prior to voting on the requests for site inspections the Chairman asked the Planning Officer to present the Whatfield application (Item 3 of Paper G206) to enable Members to decide whether they had enough information before them to make a decision.  It was agreed to hold a site inspection (Minute No 82(a) refers).

82 PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an addendum to Paper G206 (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 numbers 1, 3, 4, 5, 9, 10, 12 and 13 were reported to the meeting and were considered and taken into account before decisions were reached on those items.

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/FUL                                          Mr A Vince (Newton Parish Council)
                                                                       Mr P Clifford (Chilton Parish Council)
                                                                       Mr J Steele (Objector)

B/07/02035/FUL                                          Mr B Davies (Parish Council)
B/07/02036/CAC                                         Mr S Egerton (On behalf of the Applicant)

B/08/00166/FUL                                          Mr D Cross (Objector)

B/07/01839/FUL                                          Mrs B Page (Applicant)

B/07/00566/LBC                                          Mr T Harbord (On behalf of the Applicant)
B/07/00567/LBC                                          

B/07/02010/FUL                                          Mrs L King (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 G206 be made as follows:-

RESOLVED

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

(2) That a site inspection be held on Wednesday 12 March 2008, that the Panel of Members appointed under Minute No. 81 above inspect the site and that a report be submitted to the next meeting of the Committee if appropriate.

Notwithstanding the recommendation of the Chief Planning Control Officer that Babergh District Council should inform Suffolk County Council that it has no objection to the principle of development subject to various highway and other mitigating measures being in place, a motion of objection was moved as Members were of the opinion that their previously stated concerns had not been met in relation to residential amenity visual impact and highway safety.

RESOLVED

(1) That Suffolk County Council be informed that Babergh District Council objects to the application in its amended form for the following reasons:

• it would be detrimental to the free flow and safety of traffic using the A134;
• in the absence of a roundabout junction, use of the access by slow moving vehicles would give rise to additional accidents;
• the proposal would have an adverse environmental impact on the existing road network;
• the proposal would cause long-term environmental harm to the amenities of the locality;
• it would result in inappropriate development in the countryside, and
• the proposal would be unsustainable.

(2) That an additional paragraph be included within the letter of objection to the County Council stating the following:-

The Development Committee was of the opinion that the site should be used for mineral extraction purposes only, and that the application should have made provision for a roundabout at the site access, a 40 m.p.h speed limit along the A134 road leading to the site, and a roundabout at the A1071/A134 junction.  Members further considered that upon cessation of mineral extraction the site should be restored to agricultural use.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, subject to a Planning Obligation being secured, and Conservation Area Consent, subject to a condition, a motion to refuse was moved as Members considered that the proposal would be contrary to policies HS28, CN01 and CN08.

RESOLVED

That planning permission be refused for the following reasons:-

• Contrary to policies HS28, CN01 and CN08 (B/07/02035)
• Contrary to policy CN08 (B/07/02036/CAC)

Members were aware that the recommendation of the Chief Planning Control Officer to grant planning permission subject to a Planning Obligation being secured was also subject to there being no objections from the Local Highway Authority and to conditions as required by LHA.  However during the course of the discussion Members expressed concern that the proposed access arrangement did not appear to address the Highway safety issues and they required further information before determining this application.  A motion to defer consideration was therefore moved.

RESOLVED

That consideration of the application be deferred to enable the Chief Planning Control Officer to seek further information from the LHA on the access arrangements in relation to highway safety.

Members noted that the Environment Agency had withdrawn its requirement for the submission of a further risk assessment.  Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission on the grounds that the applicant has not demonstrated that the premises were viable for other employment related uses, Members considered that the reuse of this existing building as holiday accommodation was appropriate in this location and a motion to grant planning permission was moved.

RESOLVED

That planning permission be granted subject to the following condition:

Members were aware from the recommendation of the Chief Planning Control Officer that there were issues in relation to the effect of the proposals on the Listed Building which had not been resolved, together with outstanding matters relating to the proposed passing places.  In these circumstances Members considered that consideration of the application should be deferred for further information and this was moved.

RESOLVED

That consideration of the application be deferred pending the receipt of additional information relating to:-

• the effect on the structure of the Listed Building
• highway safety issues arising from the provision or otherwise of parking places.
  

RESOLVED

That it be noted that the application has been withdrawn by the applicant.

RESOLVED

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

• Materials to match existing
• No new openings to be inserted above ground floor level in the proposed two storey extension.
  

RESOLVED

That planning permission be granted.

RESOLVED

That planning permission be granted.

RESOLVED

(1) That a Tree Preservation Order be not served on the Holly tree.

(2) That the Head of Contract and Asset Management be asked to consider planting a replacement tree of a suitable species in an alternative location.

At this point the meeting adjourned for lunch at 1.30 p.m. and resumed at 2.00 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:

(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:

• Submission of Reserved Matters
• Standard Time limits
• As per LHA requirements
• Material samples to be submitted
• Removal of Permitted Development Rights for further extensions
• Standard contaminated land 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:

RESOLVED

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

• Hours of operation
• Angle of lights
• Light source not to be visible from the highway
• Removal of unused lighting columns
  

RESOLVED

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

(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:

• Submission of reserved matters within 3 years
• Provision of replacement tree planting
• Landscaping scheme
• Surface water scheme
• Materials
• Details of screen walls/fences.

(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:

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:

(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:

(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:

• Inadequate provision for Public Open Space being contrary to Policy HS32 and PPG17.
• Detrimental impact on neighbour’s amenity from overlooking from the terrace
  

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 financial contribution towards the provision of Public Open Space.

(2) That, subject to 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
• Landscaping
• 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
• Removal of GPDO rights for the insertion of new openings above ground floor level (including the roof) in the north elevation of plot 2.
• Highway conditions (provision of the access, surfacing, SW discharge, visibility splays, ditch crossing, provision of parking/manoeuvring areas etc)
• Archaeology

(3) That, in the event of the Planning Obligation referred to in Resolution (1) above being required, but not being secured, the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:

Members noted that agreement has now been reached on the requirement for roofing materials.

RESOLVED

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

(1) That, subject to no new material issues being raised in response to the outstanding periods of publicity and re-consultation and by statutory consultees, 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 the payment of a contribution 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 and finishes
• Finished site and ground floor levels
• Surface water  and foul drainage
• As recommended by LHA

(3) That, in the event of (i) material objections/adverse comments being received from the consultees referred to in Resolution (1) above, or (ii) 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:

• Unsatisfactory external appearance contrary to local plan policies
• Unsatisfactory provision for Public Open Space contrary to Policy HS32 and PPG17.
   

Members noted that the word “beech” should be deleted from the reference to TPO trees in the Chief Planning Control Officer’s recommendations.

RESOLVED

(1) That, subject to the receipt of an arboricultural report regarding the development in relation to the TPO trees, 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:

(2) That, subject to the completion of 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
• Boundary treatment/means of enclosure
• Landscaping
• Retain eastern boundary hedge at 3 metres
• Remove permitted development – Classes B and C
• No insertion of additional first floor windows
• Rear bathroom window to be glazed with obscure glass.

(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:

(4) That in the event of the absence of an arboricultural report in relation to the TPO tree, planning permission be refused.

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83 SAFEGUARDING EMPLOYMENT LAND SUPPLEMENTARY PLANNING DOCUMENT (SPD)

The Head of Natural and Built Environment submitted a report (Paper G207) asking Members to recommend the Strategy Committee to adopt the SPD attached as Appendix 1 to the report.  Members noted that the final document would not contain site specific identification in the samples section.

Recommended to Strategy Committee

That the Safeguarding Employment Land SPD contained in Appendix 1 to Paper G207, as amended to take into account the matter referred to above, be adopted as a Supplementary Planning Document within the Babergh Local Development Framework.

Note:   The meeting was adjourned between 11.05 a.m. and 11.55 a.m. for refreshments.
 

The business of the meeting was concluded at 2.55 p.m.