Minutes - 27 October 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, 27 OCTOBER 2010

PRESENT:    Mr R W Thake – Chairman

Mr R Whiting was unable to be present.

Mr A F D W Osborne, Ward Member for Sudbury (East) was present at the meeting and spoke on Item No. 11 of Paper K126 with the consent of the Chairman.

Mr B D Hurren, Ward Member for Boxford was present at the meeting and spoke on Item Nos.  5 and 7 of Paper K126 with the consent of the Chairman.

Mr B Riley, Ward Member for Hadleigh (North) was present at the meeting and spoke on Item Nos. 2 and 8 of Paper K126 with the consent of the Chairman. 

48 - Declaration of Interests
49 - Minutes
50 - Petitions
51 - Questions from Members
52 - Site Inspections
53 - Planning Applications for Determination by the Committee
54 - Planning Performance

48        DECLARATION OF INTERESTS

Mr R W Thake declared a personal and prejudicial interest in Application No. B/10/00969 (Paper K126 – Item 5) by virtue of being known to the applicant and indicated that he would vacate the Chair and would not be present in the Chamber during consideration of this item.  Mr P K Beer took the Chair for this item.

Mr P J Holbrook declared a personal and prejudicial interest in Application No. B/10/00969 (Paper K126 – Item 5) by virtue of being known to the applicant and indicated that he would not be present in the Chamber during consideration of this item.

Mr D C Rose declared a personal and prejudicial interest in Application No. B/10/00888 (Paper K126 – Item 4) by virtue of being known to the applicant and indicated that he would not be present in the Chamber during consideration of this item.

Mr C W Arthey declared a personal and prejudicial interest in Application No. B/10/01026 (Paper K126 – Item 1) by virtue of being a business associate of the applicant and indicated that he would not be present in the Chamber during consideration of this item.

Mr D H Keane subsequently declared a personal interest in Application No. B/10/00969 (Paper K126 – Item 5) as he was known to the Parish Council representative and an objector but indicated that his interest was such that he was able to speak and vote on the matter concerned.  

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49        MINUTES

RESOLVED

That the Minutes of the meeting held on 29 September 2010 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 inspections be held on Wednesday 3 November 2010 in respect of the under-mentioned site prior to consideration of the application by the Committee:- 

The Chief Planning Control Officer recommended a site inspection for Members to assess the extant planning permission for a garage and storage building and to assess the impact of the proposed alterations to the existing structure.

(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 K126 (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.5 of Paper K126 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:-

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 K126 be made as follows:- 

RESOLVED

That planning permission be granted subject to the following conditions:

·    No outdoor storage of plant and machinery

·    Demolition if the building is no longer needed for agricultural with the land reverting back to a field capable of taking crop

·     Details of external lighting to be approved

·     No grain dryers to be erected at the site

·     Biodiversity management plan to be submitted and agreed, including measures to protection of the meadow grass during construction

·      Landscaping to be implemented as shown on the drawings, subject to an adjustment in line with the SWT recommendations, and safeguarding for ten years.

·      Details to prevent surface water run off to the highway to be submitted and approved.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to the receipt of satisfactory foul drainage proposals and a planning obligation being secured under Section 106 of the Town and County Planning Act 1990 a motion to refuse the application was moved as Members felt that the application did not comply with Policies PPS4 and 7, ECON14, CRO1 and 7 and CNO1.  Upon being put to the vote this proposal was approved.

RESOLVED                              

That planning permission be refused for the following reasons:-

·      PPS4 – Planning and Economic Development

·      PPS7 – Sustainable Development in Rural Areas

·      ECON14 – Tourism

·      CRO1 – Landscape Quality

·      CRO7 – Landscaping Schemes

·      CNO1 – Design Standards

RESOLVED

(1)          That subject to the receipt of satisfactory revised plans relating to rooflights, 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:

·         A financial contribution towards public open space provision.

(2)          That, subject to the completion of the planning obligation 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

·       Highway conditions relating to parking, the accesses, drainage and visibility

·       Details of materials, including windows and doors, to be submitted

·        Landscaping to be implemented as shown on submitted plans and safeguarded for 5 years

·         Details of secure bin and cycle storage to be submitted

·         Rooflights

·         Existing hedging is to be retained in perpetuity.

(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 contrary to Local Plan Policy HS32.

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse permission a motion to approve the application was moved as Members felt that the application was not in conflict with policy HSO5.  Upon being put to the vote this proposal was approved.

RESOLVED

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

·         Time limit

·         Levels

·         Materials

·         Removal of PD rights

·         As recommended by the LHA.

RESOLVED

That planning permission be refused for the following reasons:-

·        The proposed development, consisting of a change of use of redundant agricultural buildings to the storage of plant and equipment (B8) would be contrary to the provisions of Planning Policy Statement 4 and saved policy HS08 of the Local Plan 2006 which states that storage and distribution uses should be located within General Employment Area.  The location of the site in relation to the primary road network is inappropriate for a storage and distribution use and would result in large vehicles travelling along rural roads which have not been designed for such purposes and would conflict with other road users.

·        The proposed development would be contrary to saved policy CR18 of the Babergh Local Plan, which states that proposals for the conversion of redundant buildings in the countryside will be permitted provided the use does not adversely affect residential amenity.  The proposed change of use would be detrimental to the amenity of the neighbouring property due to noise and disturbance.  

·        The proposed development would be contrary to saved policy CR01 of the Babergh Local Plan 2006 which states that development within the countryside should have due regards to the landscape characteristics and cultural heritage of the area.  The proposed change of use would introduce an industrial use into a rural landscape to the detriment of the character of the area.

Notwithstanding the recommendations of the Chief Planning Control Officer to refuse planning permission a motion to approve the application was moved and seconded as Members considered that the public benefit of the application outweighs other considerations in accordance with policy HE9.4 of PPS5: Planning for the Historic Environment, and that this was not in conflict with Local Plan Policy CN08.

RESOLVED

That planning permission be granted subject to the following condition:

·       Details of window reveal. 

RESOLVED

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

·       Materials (to match existing)                   

RESOLVED

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

·      Details of any floodlighting

·      Details of any oil/chemical storage

·      Hours of operation to be between the hours of 8 am and 8 pm Mondays to Saturday and between the hours of 8 am and 6 pm on Sundays and Bank Holidays

·      Details of the canopy at the site

·      Retention of the vehicle parking and manoeuvring area.

At this point in the meeting the Committee adjourned for lunch at 1.10 p.m. and resumed at 1.40 p.m. when the following Members were present:-

                         Mr R W Thake – Chairman

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: 

·        A financial contribution towards public open space provision. 

(2)     That, subject to the completion of the planning obligation 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:

·      Existing and proposed site ground levels and finished floor levels for the dwelling

·      Highway conditions relating to parking, the accesses, drainage and visibility

·      Screen walls and fencing details to be submitted

·      Any as required relating to tree protection measures

·      Any as required relating to land contamination issues

·      Details and samples of facing bricks (for the plinth and chimney) and roofing materials

·     Landscaping

(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 Local Plan Policy HS32. 

·      Any as required relating to tree protection measures and land contamination issues

RESOLVED

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

The replacement windows shall be carried out in accordance with the specification provided.                

RESOLVED

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

·      Occupancy of bungalow to be limited to C2 residential care home use for two occupants and linked to the use of Wolves View as a residential care home

·      Materials to match existing building (Wolves View)

The recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions was proposed and seconded but upon being put to the vote was lost.  A proposal was then moved to defer consideration of the application for further information relating to the number of covers and location of the kitchen.  Upon being put to the vote this was approved.

RESOLVED

That consideration of this application be deferred for further information to include the number of covers and the location of the kitchen.

RESOLVED

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

·       Standard outline conditions for approval of reserved matters

·       Approval of facing materials

·       Details of boundaries and surfaces

·       Archaeological work condition

·       Reserved matters details to be largely in conformity with outline drawings

RESOLVED

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

·        Standard time limit

·        Facing materials to match existing

·        Height of boundary fence to be 1.8m above decking level.

RESOLVED

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

·        Standard time limit

·        Submission of screening scheme

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54        PLANNING PERFORMANCE

The Chief Planning Control Officer submitted a report (Paper K127) 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.

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Note:   The meeting was adjourned between 11.30 a.m. and 11.50 a.m. for refreshments.

The business of the meeting was concluded at 3.10 p.m.

                                                                                               ……………………………………….

                                                                                                                          Chairman