Minutes - 15 October 2008

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 15 OCTOBER 2008

PRESENT:    Mr R W Thake – Chairman

Mr L S Johnson and Mr P Jones were unable to be present.

Mrs J Antill, Ward Member for Waldingfield, was present at the meeting for Item No. 4 of Paper H121 and spoke on this item with the consent of the Chairman.

Mr B D Hurren, Ward Member for Boxford, was present at the meeting for Item No. 6 of Paper H121 and spoke on this item with the consent of the Chairman.

48 - Substitutes
49 - Declaration of Interests
50 - Minutes
51 - Petitions
52 - Questions from Members
53 - Site Inspections
54 - Planning Applications for Determination by the Committee
55 - Planning Performance
56 - Minor Amendment - Application No. B/08/00581 - Erection of 2 dungalows and Garages (existing bungalow to be demolished) and alerations to Vehicular Access Briarways, Heath Road, East Bergholt

48        SUBSTITUTES

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

Mr R E Kemp (substituting for Mr P Jones)

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49        DECLARATION OF INTERESTS

Mr P K Beer declared a prejudicial interest in Application No. B/08/01371 (Paper H121 – Item 3) by virtue of a relative living close to the application site and was not present during the discussion of the item.

Mr A J Ward subsequently declared a personal interest in the item referred to in Minute No. 56 below by virtue of a relative living close to the application site but indicated that he would speak and vote on the matter concerned.

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50        MINUTES

RESOLVED

That the Minutes of the meeting held on 17 September 2008 be confirmed and signed as a correct record subject to the addition of the name of Mr D C Rose to those Members appointed to attend the site inspections in Minute No 45(2).

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51        PETITIONS

None received.

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52        QUESTIONS FROM MEMBERS

None received.

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53        SITE INSPECTIONS

RESOLVED

(1)       That a site inspection be held on Wednesday 22 October 2008 in respect of the under-mentioned site prior to consideration of the application by the Committee:-

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

(3)       That a site inspection be held at an appropriate time when further information is received in respect of the under-mentioned site prior to consideration of the application by the Committee and that the composition of the Panel be agreed in due course:-

54        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper H121 (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. 1 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/08/01464                                                    Mr D Rogers (applicant)

            B/08/01371                                                    Mr Pettitt (applicant)

            B/08/01310                                                    Mr R Carpenter (agent for the applicant)

            B/08/01117                                                    Mr R Gates (Boxford Parish Council)

                                                                                  Mrs S Gooderham (applicant)

            B/08/01282                                                    Mr D Whipps (agent for the 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 H121 be made as follows:-

RESOLVED

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

·    Occupancy condition

·    Details of parking areas to be provided and those areas to be retained for parking.

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RESOLVED

That planning permission be refused for the following reasons:-

·     Adverse impact on the open space, street scene and character of the area CN01 of Babergh Local Plan (Alteration No. 2) 2006 and ENV7 of the East of England Plan.

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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 provision.

(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

•          Submission of material samples

•          Parking spaces to be retained for parking of vehicles at all times

•          Removal of Permitted Development Rights for further extensions and for insertion of new openings above ground floor level

•          Landscaping scheme

•          Upgrading of existing access

•          Provision of turning space on site.

(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:

•          Lack of financial contribution towards Public Open Space provision contrary to policy HS32 of the Babergh Local Plan (Alteration No. 2) 2006.

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Notwithstanding the recommendation of the Chief Planning Control Officer to refuse the application, a motion to approve planning permission was moved on the grounds that the development would not have an adverse impact upon the character and appearance of the area and the setting of the Listed Building and Conservation Area.

On being put to the vote the motion was lost. 

RESOLVED

That planning permission be refused for the following reasons:

·     Impact upon the character and appearance of the area and a detrimental effect upon the setting of listed building and Conservation Area contrary to ENV6 and ENV7, HS28, H30, CN01, CN06, CN08

·     Lack of provision towards Public Open Space Provision contrary to policy HS32

·     Lack of space to facilitate the parking and turning of vehicles within the site, thereby creating a situation whereby vehicle flows on the main road would be likely to be impeded by cars reversing into or out of the site, to the detriment of highway safety.

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Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to approve was moved on the grounds that the proposed extension would not be harmful to the character of the area.

RESOLVED

That planning permission be granted subject to the following conditions:

·       Standard time limit

·       First floor front window to be obscure glazed.

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Notwithstanding the recommendation of the Chief Planning Control Officer to grant a temporary planning permission, a motion to refuse planning permission was moved on the grounds that the application is not sustainable and does not comply with the relevant policies.

Upon being put to the vote the motion was lost. 

RESOLVED

That, subject to the receipt of no adverse comments from the Local Highway Authority and the receipt of satisfactory additional drainage information, the Chief Planning Control Officer be authorised to grant a three year temporary planning permission subject to the following conditions:

·      The permission is made personal to the applicant

·      The mobile home to be retained in its current location

·      The number of mobile homes to one.

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RESOLVED

(1)       That, subject to no new material planning issues being raised during the outstanding period for public consultation, 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:

·    Contribution towards Public Open Space provision

·     To secure the construction of the structures/buildings approved under planning permissions B/06/00623/FUL and B/06/00624 and their availability for use before commencing construction of the approved dwelling.

(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:

·      Occupancy condition (agricultural/horticultural worker)

·      Samples of external building materials (brick and tile only)

·      Details of proposed boundary treatments for the new curtilage of the dwelling

·      Landscaping scheme

·       Withdrawal of GPDO rights for extensions to the dwelling

·       Details and implementation of parking/manoeuvring areas.

·       Contaminated ground assessment

(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

·         No agricultural/horticultural justification for the erection of a dwelling at this location, contrary to well established settlement policies (including adverse impact upon the countryside generally and unsustainable form of development).

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55       Planning Performance

The Chief Planning Control Officer submitted a report (Paper H122) 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 information contained within Paper H122 be noted.

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56       MINOR AMENDMENT – APPLICATION NO. B/08/00581 – ERECTION OF 2 BUNGALOWS AND GARAGES (EXISTING BUNGALOW TO BE DEMOLISHED) AND ALTERATIONS TO VEHICULAR ACCESS BRIARWAYS, HEATH ROAD, EAST BERGHOLT

The Chief Planning Control Officer reported that planning permission for the above development was granted on 22 July 2008.  The applicants have submitted a request to amend the scheme by inserting a dormer window opening into the forward facing (south) elevation of Plot No. 1.

Two letters of objection had been received from local residents raising concerns and these were reported to the meeting.

The Chief Planning Control Officer has considered the matter and in his view, the proposed dormer window represents a minor change, would not allow overlooking of the private spaces of the surrounding dwellings and accords with the provisions of policy CN01 of the Babergh Local Plan.

RESOLVED

That the minor amendment to the approved plans under Application No. B/08/00581 in respect of Briarways, Heath Road, East Bergholt be approved.

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Note:   The meeting was adjourned between 11.25 a.m. and 11.45 a.m. for refreshments.

The business of the meeting was concluded at 12.15 p.m.

                                                                                     ...............................................................                                                                                         Chairman