6th May 2009 - 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, 6 MAY 2009

PRESENT:                                         Mr R W Thake – Chairman 

             Mr D H Keane and Mr L S Johnson were unable to be present.

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1 Substitutes,
2 Election Of Vice Chairman,
3 Declaration Of Interests,
4 Minutes,
5 Petitions,
6 Questions From Members,
7 Planning Applications For Determination By The Committee,
8 Planning Performance,

1        SUBSTITUTES

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

Mr N A Ridley (substituting for Mr D H Keane)

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2        ELECTION OF VICE CHAIRMAN

RESOLVED

That Mr P K Beer be elected Vice Chairman of the Development Committee for the ensuing year.

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3        DECLARATION OF INTERESTS

Mr A J Ward declared a prejudicial interest in Application No. B/08/01288 (Paper J14 - Item 3) by virtue of being a member of the Brantham Athletic Sports and Social Club and would not participate except to speak as a Member of the Club. After addressing the meeting in that capacity he left the Chamber and was not present during consideration of the item.

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4        MINUTES

RESOLVED

That the Minutes of the meeting held on 8 April 2009 be confirmed and signed as a correct record.

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5        PETITIONS

The Director of Corporate Services reported in accordance with Council Procedure Rule No. 13 the receipt of the following petitions that had been submitted to the Chief Executive:-

Application No. B/09/00316 – Erection of Development Centre and Associated Landscaping Works – The Old School, School House, Stratford St Mary

Petition dated 28 April 2009 signed by approximately 34 residents of the District objecting to the application which would be considered when the application is submitted to a future Committee meeting.

Application No. B/09/00028 – Retention of Micro Brewery and Ancillary Offices, White Horse Inn, Mill Green, Edwardstone

Petition dated 5 May 2009 signed by approximately 133 residents in support of the application.  Members noted that the petition would be considered when the application is submitted to a future Committee meeting.

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6        QUESTIONS FROM MEMBERS

None received.

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7        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper J14 (PDF, 134kb) (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 No. 2 were reported to the meeting and considered and taken into account before a decision was made.

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/09/00126                                              Mr R Sinden (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 J14 be made as follows:-

Mr B L Lazenby, Ward Member for Elmsett, requested a site inspection to enable Members to assess the impact of the development on the on-road parking and traffic issues.

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 13 May 2009 to inspect the site, that a report thereon be submitted to the next meeting of the Committee and that a Panel comprising the following Members be appointed to inspect the site:-

RESOLVED

(1) That following the satisfactory resolution of the following matters;

(i) a suitable strategy for the disposal of foul water (to the satisfaction of Anglian Water Services) and

(ii) no additional material issues being raised during the 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 provide:

• affordable housing (financial contribution to be used to deliver affordable housing elsewhere in the town).
• health contribution.

(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 conditions, including:

• Samples of materials
• Landscaping including retention and protection of boundary trees and hedgerows
• Construction management plan
• As recommended by LHA
• Fire Hydrants
• Means of enclosure
• Archaeology
• As recommended by Environmental Health
• Surface water drainage
• Foul water drainage
• Windows (obscure glass and fixed closed to first floor stairwell windows as discussed within the report)
• Provision of the pedestrian/cycle link

(3) That in the event of the Planning Obligation referred to in Resolution (1) above not being secured and/or the outstanding matters listed in Resolution (1) above not being satisfactorily resolved, the Chief Planning Control Officer be authorised to refuse planning permission for the following reasons:

• Inadequate drainage (foul water)
• Inadequate provision for affordable housing
• Inadequate provision for increased demands upon local health services

              RESOLVED

              That planning permission be granted.

              RESOLVED

              That planning permission be granted.

Notwithstanding the Chief Planning Control Officer’s recommendation to grant planning permission subject to the completion of a planning obligation, a motion to refuse for reasons relating to failure to comply with Policies HS33 and CN01 was moved. 

RESOLVED

That planning permission be refused due to the inappropriate design and use of materials resulting in an incongruous form of development contrary to Planning Policies HS33 and CN01.

          RESOLVED

          That planning permission be granted.

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8        PLANNING PERFORMANCE

The Chief Planning Control Officer submitted a report (Paper J15 (PDF, 102kb)) 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. 

RESOLVED

That the report be noted.

The business of the meeting was concluded at 11.10 a.m.

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