Minutes - 18 November 2009

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, 18 NOVEMBER 2009

PRESENT:    Mr R W Thake – Chairman

Mr J R B Cave and Mr P J Holbrook were unable to be present.

Councillors Mrs S P Clarke and Mr C A Roberts, Ward Members for Berners, and Mr D L Wood were present at the meeting and spoke on Item 1 of Paper J129 with the consent of the Chairman.

59 - Substitutes
60 - Declaration of Interests
61 - Petitions
62 - Questions from Members
63 - Site Inspections
64 - Planning Application for Determination by the Committee
65 - Planning Application for Determination by the Committee

59        SUBSTITUTES

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

Mrs J Antill (substituting for Mr J R B Cave)
Ms J A Jenkins (substituting for Mr P J Holbrook)

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60        DECLARATION OF INTERESTS

Mr D C Rose, Mr P Jones and Mr D H Keane declared personal interests in Item 7 of Paper J132 in their capacity as Members of the Pin Mill Task Group but indicated that their interests were such that they were able to speak and vote on the item.

Mr P K Beer declared a personal interest in Item 2 of Paper J132 because he lived in the same road as the application site but stated that he was able to speak and vote on the item.

RESOLVED

That the Minutes of the meeting held on 21 October 2009 be confirmed and signed as a correct record.

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61        PETITIONS

None received.

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62        QUESTIONS FROM MEMBERS

None received.

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63        SITE INSPECTIONS

RESOLVED

(1)       That site inspections be held on Wednesday, 25 November 2009 in respect of the undermentioned sites prior to consideration of the applications by the Committee:-

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

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64        PLANNING APPLICATION FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper J129 (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 the item contained in Paper J129 were reported to the meeting and considered and taken into account before the decision was made.

In accordance with the Council’s procedure for public speaking on planning applications as amended by the Committee’s decision on 1 July 2009, representations were made as detailed below:-

            Planning Application No.                              Representations From

            B/00/01318/RES                                          Mr G Steel (Shotley Parish Council) 
                                                                                Mr L Mayer (Objector)
                                                                                Mr S Hewitt (Objector)
                                                                                Ms R Kirkup (Objector)
                                                                                Ms E Aldous (Objector)
                                                                                Mr S Bailey (Representing 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, a decision on the item referred to in Paper J129 be made as follows:-

Following the presentation by the Planning Officer, Members heard from the public speakers and were then addressed by Councillors Roberts, Wood and Clarke, who spoke with the consent of the Chairman.

Members were aware from the Addendum to Paper J129 that a legal opinion (a copy of which was received by the Council on 16 November) making various points about the Reserved Matters submission, had been obtained on behalf of Woolverstone Parish Council.  Members also had before them in the Addendum the Chief Planning Control Officer’s comments regarding the legal opinion in relation to the planning status of the Reserved Matters application. 

The Solicitor to the Council and Monitoring Officer, Kathryn Saward, clarified the legal position for Members and confirmed leading Counsel’s advice that the Reserved Matters application could be determined at today’s meeting.  She also confirmed that if the Committee were minded to approve the application no decision notice would be issued until such time as Counsel for Babergh had confirmed that her advice remained unchanged from that given previously.  In the event of any significant change in leading Counsel’s advice, a further report would be submitted to the Committee.   The Chief Planning Control Officer confirmed as a matter of planning judgement that the application before the Committee did not constitute a fresh submission and fell within the parameters of the outline planning permission.

Members took into account the position as stated but were nevertheless of the view that they should not determine the Reserved Matters submission until formal confirmation had been received from Counsel for the Council that her advice remained unchanged.  The recommendations of the Chief Planning Control Officer contained in Item 1 of Paper J129 were therefore not debated, and a motion was moved to defer consideration of the application.

RESOLVED

That consideration of the application be deferred pending the receipt of the further legal opinion from Counsel for the Council.

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65        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper J132 (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 J132 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/09/01031                                                  Mr R Sinden (Agent for the Applicant)    
            B/09/00858                                                  Mr G Dodds (Applicant) 
            B/09/00902/RES                                          Mr A Tricker (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 J132 be made as follows:-

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: 

·       Affordable housing (financial contribution to be used to deliver affordable housing elsewhere in the town).

·       Health contribution.

·       Surface water drainage

(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

·         Location and specification of the ground source heating plant and equipment (including any necessary noise mitigation).

·         Surface water drainage

·         Foul water drainage

·         Windows (obscure glass and fixed closed to first floor stairwell windows)

·         Provision of the pedestrian/cycle link

·         No change to other uses within Use Class C2 without first having gained planning permission.

·         Maximum number of residents permitted (no more than 86 – for foul water drainage reasons)

(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 appropriate):

·        Inadequate provision for affordable housing

·        Inadequate mitigation for increased demands upon local health services

·        Inadequate provisions for surface water drainage

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:

·         100% Affordable Housing

·         Financial Contribution towards open space.

(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

·         Materials and detailing to be agreed

·         Landscaping to be agreed and safeguarded for five years

·         Levels to be submitted and agreed

·         As recommended by the Local Highway Authority

·         Remove PD rights for windows in the east and west elevations of the development.

(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:

·         Absence of affordable housing and open space contrary to saved Policies HS32 and HS09 of the Babergh District Local Plan Alteration No. 2 (2006).  

RESOLVED

That the Reserved Matters application be approved subject to the following conditions:-

·        Protection of trees during construction

·        Submission of construction details for garage/parking spaces to Plot 2

Further that a note be included in the decision notice reminding the applicant of the existence of a Tree Preservation Order on the site.

RESOLVED

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

·          Landscaping to be agreed (including tree planting)

·          Pollution control as recommended by the EA

·          Materials used to be as submitted

·          Control of outdoor lighting

·          Hours of operation to be controlled (7am to 7pm)

·          No outdoor work on vehicles

During the course of the discussion on this item, reference was made to the desirability of having a footpath in front of the property.  The Chief Planning Control Officer undertook to discuss the feasibility of this with the Local Highway Authority with a view to achieving a public footpath to adoption standards.

RESOLVED

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

·         Standard time limit

·         Materials to match

·         Joinery, windows and doors to be painted softwood (other than in the rear elevation and 1 bed dwellings which are to be UPVC)

·         Require windows in NE elevation of Plots 1 and 2 to be obscured glass.

·         Residential units not to be occupied until the B1 Offices are ready  

·         Boundary details to be submitted

·         As recommended by the LHA

·         As recommended by Environmental Health (Land Contamination Team)

RESOLVED

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

·         Standard time limit

·         Limitation on range of goods to be sold

·         No external display/Sale of goods

·         As requested by the Local Highway Authority

In considering this application Members noted the involvement of the Council’s Pin Mill Task Group in developing the project for the reinstatement of the facility, which had resulted in the application being submitted by the District Council.

RESOLVED

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

·         Construction period

·         Construction hours

·         Method statement for control of noise and vibration

·         Method statement for pollution control

·         Lighting

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The meeting was adjourned between 11.20 a.m. and 11.40 a.m. for refreshments.

The business of the meeting was concluded at 1.10 p.m.
 

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