Minutes - 17 march 2010

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, 17 MARCH 2010

PRESENT:     Mr R W Thake – Chairman

Mr P G Gibson and Mr R Whiting were unable to be present.

90 - Additonal Item of Business
91 - Substitutes
92 - Declaration of Interests
93 - Minutes
94 - Petitions
95 - Questions from Members
96 - Site Inspections
97 - Planning Applications for Determination by the Committee
98 - Notification of Intent to Remove a Lylandii and Young Cedar Tree situated withing Lavenham Conservation Area at 42 High Street, Lavenham - B/10/00236/TCA
99 - Public Speaking Arrangements for Tesco Applications
100 - Exclusion of Public (which term includes the press)
101 - Application No. B/09/00022/FUL - Full Application - Erection of 56 Dwellings, Garages and Associated Infrastructure and Construction of Blancing Pond, Land North of Crownfield Road, Glemsford - Appeal against Non-determination (Exempt information by virtue of Paragraph 5 of Part 1)

90        ADDITIONAL ITEM OF BUSINESS

The Local Government (Access to Information) Act 1985 provides that an item of business may not be considered by a Committee unless it is included on an Agenda.  The Act does, however, make provision for an exception to this general rule to be made where by reason of special circumstances the Chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

The Chairman advised that a situation had arisen where it has become necessary for the Committee to consider a matter not included on the Agenda and that he was satisfied that there were good reasons for dealing with it at this meeting as a matter of urgency (Counsel’s advice in connection with the appeal against non-determination of Planning Application No B/09/00022/FUL).

Members were advised that the item in question had been identified by the author as exempt information by virtue of paragraph 5 of Part 1 (information in respect of which a claim to legal professional privilege could be maintained) and that they would be asked to take a vote on whether to exclude the public and press immediately prior to consideration of the item.

• Top of page

91        SUBSTITUTES

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

Mrs M O Munson (substituting for Mr R Whiting)

Mr A F D W Osborne (substituting for Mr P G Gibson) 

• Top of page

92        DECLARATION OF INTERESTS

None received.

• Top of page

93        MINUTES

RESOLVED

That the Minutes of the meeting held on 17 February 2010 be confirmed and signed as a correct record.

• Top of page

94        PETITIONS

None received.

• Top of page

95        QUESTIONS FROM MEMBERS

None received.

• Top of page

96        SITE INSPECTIONS

RESOLVED

(1)       That site inspections be held on Wednesday, 24 March 2010 in respect of the undermentioned sites prior to consideration of the applications by the Committee:-

Mrs S P Clarke, Ward Member for Berners, requested a site inspection to assess the height and size of the proposal in the street scene and the impact on the neighbouring properties.

Mr G S White, Ward Member for Mid Samford, requested a site inspection to assess the scale of the proposed extension in relation to the existing dwelling and the impact on residential amenity, the neighbouring properties and the AONB.

The Chief Planning Control Officer requested a site inspection to enable Members to assess the potential impact of the proposal on the countryside and the wider landscape.

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

• Top of page

97        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper J199 (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 of Paper J199 were reported to the meeting and considered and taken into account before a decision was made on the item.  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/09/00672                                          Mr J Gagen (Objector)

B/09/01268                                          Mr J Hunt (Representing Great Wenham Parish Council)

                                                            Mr J Greenhow (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 J199 be made as follows:-

RESOLVED

That planning permission be granted. 

RESOLVED

That planning permission be refused for the following reasons:- 

·        Visual harm and detriment to the landscape character;

·        Detrimental impact on residential amenities by virtue of noise contrary to the provisions of policies CR01 and RE06 of the adopted local plan.

RESOLVED

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

·        Notwithstanding the submitted details, samples of the external facing and roof materials to be agreed 

·        External colour finishes to be agreed

·        Annexe to be used as ancillary accommodation to Kia-Ora. 

• Top of page

98        NOTIFICATION OF INTENT TO REMOVE A LEYLANDII AND YOUNG CEDAR TREE SITUATED WITHIN LAVENHAM CONSERVATION AREA AT 42 HIGH STREET, LAVENHAM – B/10/00236/TCA

The Heads of Contract and Asset Management and Natural and Built Environment submitted a joint report (Paper J200) relating to a Notification to remove trees within the Lavenham Conservation Area.

RESOLVED

That no Tree Preservation Order be served in respect of the Notification of Intent to remove a leylandii and young cedar tree at 42 High Street Lavenham.

• Top of page

99        PUBLIC SPEAKING ARRANGEMENTS FOR TESCO APPLICATIONS

The Director of Corporate Services reported that, under the Council’s policy for public speaking on planning applications, there is provision for only one representative from each group to speak, save in exceptional circumstances.

Due to the public interest in the application for the construction of a new food store to the rear of 75-133 High Street, Hadleigh and associated applications for Listed Building and Conservation Area consent for the demolition of buildings and structures, Officers had discussed with the Chairman the arrangements for public speaking when this item is considered by the Development Committee.  There are still outstanding issues to be resolved and no final decision has been taken as to when the item will be considered by Development Committee, but 2 June 2010 has been identified as a possible date subject to confirmation of the date of the General Election.

The three applications will be the subject of a single Schedule Item by the Chief Planning Control Officer.

RESOLVED

(1)       That the time limit for speeches from the Applicant (or their representative) and the representative of Hadleigh Town Council be extended from 3 minutes to 5 minutes.

(2)       That up to three representatives opposing the development be entitled to speak for 3 minutes each.

(3)       That up to three representatives supporting the development be entitled to speak for 3 minutes each.

(4)       That it be noted that potential speakers as referred to in resolutions (2) and (3) above will be made aware that in the event that more than the specified numbers wish to speak, they will be asked to agree on the three representatives in each case, failing which no representations can be made.

• Top of page

100     EXCLUSION OF PUBLIC (WHICH TERM INCLUDES THE PRESS)

RESOLVED

That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the business specified below on the grounds that if the public were present during this item, it is likely that there would be the disclosure to them of exempt information as indicated against the item.

The Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

• Top of page

101     APPLICATION NO. B/09/00022/FUL – FULL APPLICATION – ERECTION OF 56 DWELLINGS, GARAGES AND ASSOCIATED INFRASTRUCTURE AND CONSTRUCTION OF BALANCING POND, LAND NORTH OF CROWNFIELD ROAD, GLEMSFORD – APPEAL AGAINST NON-DETERMINATION (Exempt information by virtue of Paragraph 5 of Part 1)

The Minute relating to the above-mentioned item is excluded from the public record.  A summary of the Minute made by the Proper Officer in accordance with sub-section 2 of Section 100(c) of the Local Government Act is set out below.

The Chief Planning Control Officer submitted a note which was circulated at the meeting (subsequently numbered as Paper J210) updating Members in relation to an appeal against non-determination of the above application.  Members were given the opportunity to read through the item prior to its consideration.

As a result of its consideration of Counsel’s advice in relation to the forthcoming appeal, the Committee accepted the recommendations of the Chief Planning Control Officer.

Mr R W Thake abstained from voting on this matter and asked for his abstention to be recorded in the Minutes.

Note:   The meeting was adjourned between 10.55 a.m. and 11.15 a.m. for refreshments.

The business of the meeting was concluded at 12 noon.

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