31st October 2007 - Minutes

BABERGH DISTRICT COUNCIL           

DEVELOPMENT COMMITTEE

MINUTES OF A MEETING OF THE DEVELOPMENT COMMITTEE HELD IN THE COUNCIL OFFICES, CORKS LANE, HADLEIGH ON WEDNESDAY 31 OCTOBER 2007

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47 - Substitutes
48 - Declaration of Interests
49 - Minutes
50 - Petitions
51 - Questions for Members
52 - Site Inspections
53 - Planning Application for Determination by the Committee
54 - Planning Performance
55 - Local Development Framework - Annual Monitoring Report

PRESENT: Mr A J Hinton – Chairman 

Mr P K Beer was unable to be present.

Dr M R Miller, Ward Member for Dodnash, was present at the meeting for Items 3, 5 and 11 of Paper G123 and spoke on the items with the consent of the Chairman.

47 SUBSTITUTES

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

Mr M Newman (substituting for Mr P K Beer).

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48 DECLARATION OF INTERESTS

Mr A J Hinton declared a personal interest in Application No. B/07/01477 (Paper G123 – Item 3) as the applicant is known to him, but indicated that his interest was such that he would be able to speak and vote on the matter concerned.

Mr A J Hinton declared a personal and prejudicial interest in respect of Application No. B/07/01022 (Paper G123 – Item 5) by virtue of being a friend of the applicant, and was not present during its discussion.

Mr L S Johnson declared a personal interest in Application No. B/07/01022 (Paper G123 – Item 5) by virtue of him being known to the applicant, but indicated that his interest was such that he was able to speak and vote on the matter concerned.

Mr C W Arthey declared personal and prejudicial interests in Application No. B/07/01415 (Paper G123 – Item 4) and B/07/01469 (Paper G123 – Item 7) by virtue of him being personally known to the applicant and was not present during the discussions.

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49 MINUTES

RESOLVED

That the Minutes of the meeting held on 3 October 2007 be confirmed and signed as a correct record.

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50 PETITIONS

None received.

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51 QUESTIONS FROM MEMBERS

None received.

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52 SITE INSPECTIONS

RESOLVED

(1) That a site inspection be held on Wednesday, 7 November 2007 in respect of the undermentioned site prior to consideration of the application by the Committee:-

Mrs S M Wigglesworth, Ward Member for Lower Brett and Mr B D Hurren, the Ward Member for Boxford (the adjoining ward), had requested a site inspection to enable Members to assess the impact of the extensions which is within an Area of Outstanding Natural Beauty.

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

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53  PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper G123 (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 No.6, was reported to the meeting and were considered and taken into account before a decision was reached.

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/07/01360                                Mr P Scarlett (on behalf of applicant)
B/07/01477                                Mr F Dodgson (applicant)
B/07/01022                                Mr T Harbord (on behalf of applicant)
B/07/01251                                Ms J Wilkie (on behalf of applicant)
B/07/01469                                Mr P Boswell (on behalf of 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 G123 be made as follows:-

Mr P K Beer and Mr M D Newman, Ward Members for Great Cornard (South), had requested a site inspection to enable Members to assess the proximity of the structure to field boundaries and the impact of floodlighting.

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, 7 November 2007, that the Panel of Members appointed under Minute No. 52 above inspect the site and that a report be submitted to the next meeting of the Committee if appropriate.

RESOLVED

That it be noted that this application has been withdrawn.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, subject to a Planning Obligation being secured, a motion to refuse was moved as Members felt the proposal would be contrary to Policies HS28, HS30 and CN01.

RESOLVED

That planning permission be refused for the following reasons:-

HS28, HS30 CN01

Prior to consideration of item (d) below, Mr A J Hinton, having declared a personal and prejudicial interest on this matter, vacated the Chair and left the meeting room.  Mr C W Arthey took the Chair for this item.

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to approve was moved as Members felt that there is an established functional need and that other planning requirements, e.g. access or impact on the countryside are satisfied.

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 ensure:-

(i)  The phased provision of the dwelling following full implementation of the development approved by planning permission B/06/00624 for the erection of potting shed/agricultural store and poly tunnel.

(ii) payment of the recreational amenity contribution (Local Plan Policy HS32).

(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 conditions, including:-

(i)  maximum floor space within the dwelling to be commensurate with the needs of the holding.

(ii)  restriction on the occupancy of the dwelling to an agricultural or horticultural worker.

(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:-
 

- Insufficient functional need (PPS7)
- Contrary to Local Plan Policy CR12

Notwithstanding the recommendation of the Chief Planning Control Officer to approve planning permission, subject to the securement of a Planning Obligation, a motion to refuse planning permission was moved as Members felt the application was contrary to Policy CN01, HS28, HS30 and PPS3.  Upon being put to the vote, this motion was lost.

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 ensure:-

- The payment of contributions towards Public Open Space provision.

(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
- As recommended by Local Highway Authority
- Permitted Development rights removed for insertion of further windows and
  extensions
- 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

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 ensure:-

- The payment of contributions towards public open space provision.

(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 conditions:- 

- As recommended by Local Highway Authority
- Materials
- Landscaping scheme, including boundary treatments

(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.
 

RESOLVED

(1) That subject to no adverse comments being received from the Suffolk Wildlife Trust, 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 provision of the affordable housing and rental status of the dwellings in perpetuity

(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:-

- Samples of external building materials.
- Details of surfacing to access road and parking spaces.
- Landscaping scheme.
- Tree protection (including protective fencing and routes of services).
- Schedule of works to frontage trees.
- Details of means of enclosure.
- Withdrawal of permitted development rights for extensions and alterations.
- Withdrawal of permitted development rights for outbuildings (to plots 1, 11
  and 12 only).
- As reasonably recommended by Local Highway Authority
- As reasonably recommended by English Nature and/or Suffolk Wildlife Trust.
- Standard archaeology condition.

(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 reasonably recommended by Local Highway Authority, English Nature
  and/or Suffolk Wildlife Trust.
- Housing development in the countryside (in the event that the S106
  Agreement is not completed).

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 ensure:-

- The payment of contributions towards public open space provision. 

(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 scheme
- Parking/manoeuvring 

(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.

 RESOLVED

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

- The payment of contributions towards public open space provision.

(2) That subject to the Planning Obligation in Resolution (1) above, 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 due to inadequate provision of public open space.

(j)    HINTLESHAM         Application No. B/07/01415         Paper G123 – Item 4

Full Application – erection of two detached two-storey dwellings with associated garaging, construction of new vehicular access, Duke Street.

 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 ensure:-

i)    The payment of contributions towards off-site public open space provision.

(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
- As recommended by Local Highway Authority
- Landscaping
- 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 reasons:- 

- Inadequate provision of public open space and play equipment contrary to Policy HS32 and PPG17.

(k)    LONG MELFORD         Application No. B/07/01527         Paper G123 – Item 8

Notification under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) – retention of one 9 metre high telegraph pole (with 7.5 metre pole above ground), land to south of Pond View, The Green.

RESOLVED

That prior approval is required as the telegraph pole as sited has an unacceptable impact upon the character of the conservation area at this point.
 

(l)    SHOTLEY         Application No. B/07/01383         Paper G123 – Item 10

Full Application – erection of two semi-detached two bedroom bungalows, construction of new vehicular access, land between 36 and 38 Kingsland.

 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 ensure:- 

- The payment of contributions towards Public Open Space provision. 

(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:–

- As recommended by Local Highway Authority
- 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.

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54 PLANNING PERFORMANCE

The Chief Planning Control Officer introduced Paper G124 which provided an overview of the number of planning applications being considered, an indication of performance against Government targets, information on income from fees and details relating to Planning Appeals.

RESOLVED

That the report be noted. 

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55 LOCAL DEVELOPMENT FRAMEWORK – ANNUAL MONITORING REPORT

The Head of Natural and Built Environment submitted a report (Paper G125) outlining the purpose of the Local Development Framework Annual Monitoring Report and highlighting the key findings with emphasis on issues which may need to be brought forward for amendment through the development of new documents within the Local Development Framework.

RESOLVED

(1) That Officers seek to use as many of the powers available to them through planning legislation and guidance as well as other legislation to maximise the delivery of affordable housing when developing future policies and documents.

(2) That the Annual Monitoring Report attached as an Appendix to Paper G125 be noted.

Note: The meeting was adjourned between 11.05 a.m. and 11.20 a.m. for refreshments.

The business of the meeting was concluded at 1.05 p.m.

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