Minutes - 28 May 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, 28 MAY 2008

PRESENT:                       Mr R W Thake – Chairman

Mr C W Arthey, Mr J R B Cave, Mr P G Gibson, Mr P Jones and Mr D C Rose were unable to be present.

Mr N A Bennett Ward member for Sudbury (South) was present at the meeting for Item Nos. 4 and 9 of Paper H36 and spoke on these items with the consent of the Chairman.

Mr A J Hinton, Ward member for Dodnash, was present at the meeting for Item No. 8 of Paper H36 and spoke on this item with the consent of the Chairman.

10.    Substitutes
11.    Declaration of Interests
12.    Minutes
13.    Petitions
14.    Questions from Members
15.    Site Inspections
16.    Planning Applications for Determination by the Committee
17.    Draft Annual Report of the Development Committee

10        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)

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

Mr R E Kemp (substituting for Mr P Jones)

Mrs S M Wigglesworth (substituting for Mr D C Rose)

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11        DECLARATION OF INTERESTS

Mr P K Beer and Mrs J Antill both declared  personal interests in Application No. B/08/00499 (Paper H36 – Item 10) by virtue of the applicant being known to them but indicated that their interest was such that they would be able to speak and vote on the matter concerned.

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12        MINUTES

RESOLVED

That the Minutes of the meeting held on 30 April 2008 be confirmed and signed as a correct record.

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13        PETITIONS

The Director of Corporate Services reported that in accordance with Council Procedure Rule No. 13 petitions had been submitted to the Chief Executive relating to:-

Application No. B/08/00470 – Fountain House Stores, The Street, East Bergholt

Petition, in support, signed by approximately 25 residents of the District.  The petition will be taken into account by the Chief Planning Control Officer when determining the application under Item 8 of Paper H36.

Application No. B/08/00595 – Irvine House, Main Road, Chelmondiston

Petition, objecting to the proposed development, signed by approximately 39 residents of the District.  It was noted that this application had now been withdrawn. 

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14        QUESTIONS FROM MEMBERS

None received.

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15        SITE INSPECTIONS

RESOLVED

(1)    That site inspections be held on Wednesday 4 June 2008 in respect of the under-mentioned sites prior to consideration of the applications by the Committee: -

Mrs J Antill, Ward Member for Waldingfield, requested a site inspection to enable Members to assess the impact of the development on the adjoining countryside and the amenity of adjacent dwellings, together with access and traffic issues.

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Mrs S Carpendale, Ward Member for Mid-Samford, requested a site inspection to enable Members to assess the impact of the development on the character of the area and adjoining neighbours.

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Mrs S P Clarke, Ward Member for Berners, requested a site inspection to enable Members to assess the impact of the proposal on the continued expansion of the property which is in a sensitive and prominent location.

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

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16        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an addendum to Paper H36 (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 number 1 was reported to the meeting and was 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/08/00352                                            Mrs K Langbridge (objector)

                                                                           Mr T Harbord (on behalf of the applicant)

            B/08/00586                                            Mrs S Horsley (objector)

                                                                          Mr J Waterson (on behalf of the applicant)

            B/08/00486 and                                    Mr A Lyall (applicant)

            B/08/00487/LBC

            B/08/00470                                            Mrs M Rowsell (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 H36 be made as follows: -         

RESOLVED

That planning permission be refused for the following reasons:-

• Contrary to polices HS28, HS32 and CN01.

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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 considered that the development would create a loss of amenity to neighbours and had concerns over the proposed access.  This motion was subsequently withdrawn and an alternative motion to defer was moved to enable further discussions to be undertaken on the application.

RESOLVED

That consideration of this application be deferred to enable further discussions to be undertaken on the proposed access and layout.

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Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission and listed building consent a motion to approve the applications was moved as members felt that the proposal would improve the symmetry of the existing building and would not detract from the character of the listed building.

RESOLVED

That planning permission and listed building consent be granted subject to the following conditions: -

·     Materials to be agreed

·    Archaeology

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RESOLVED

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

·     Hours of use restricted to 9.00 to 18.00 hours Monday to Saturday and 10.00 to 17.00 hours Sundays and Bank Holidays.

·    No means of electronic sound amplification to be installed anywhere on the premises without prior submission of details to the Planning Authority.

·    No mechanical ventilation equipment or air conditioning equipment to be installed without prior submission of details to the Planning Authority. 

·     No external lighting to be installed in the courtyard area without prior submission of details to the Planning Authority.

RESOLVED

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

·     Details of surface water drainage to be agreed.

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RESOLVED

That planning permission be refused for the following reasons:- 

·    Insufficient justification to allow the loss of employment site, contrary to policy EM24 and SD01.

·    Lack of public open space contributions/agreement, contrary to policy HS32.

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RESOLVED

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

·     Hard and soft landscaping
·     Materials
·     Drainage
·     Site levels
·     Floodlighting/external lighting
·     Stacking heights
·     Operating hours
·     No additional mezzanine floor
·     No extension/alteration without prior permission
·     Restrict retail sales
·     Timetable of works for demolition of existing buildings
·     No additional hard surfacing
·     No public announcement system or other form of external audio communication without prior consent
·              Contaminated land

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RESOLVED

(1)    That the Solicitor to the Council be authorised to secure a Planning Obligation under Section 106 of the 1990 Act to provide:- 

·    The development is managed so as to meet identified housing needs in perpetuity 

(2)    That, subject to the completion of the Planning Obligation in resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to conditions, including –

·    Materials
·    As required by the Local Highway Authority
·    Provision and retention of vehicle parking and manoeuvring areas.
·    Landscaping scheme
·    Removal of permitted development rights for extensions and outbuildings.
·    Boundary treatments
·    Details of retaining wall
·    Archaeology
·    Contamination

(3)    That, in the event of the Planning Obligation referred to in resolution (2) above not being secured the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:-  

·    Lack of Affordable Housing

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RESOLVED

That subject to the receipt of no material representations being received prior to the expiry of the remaining consultation period the Chief Planning Control Officer be authorised to approve the planning application.

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RESOLVED

That planning permission be granted.

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17        DRAFT ANNUAL REPORT OF THE DEVELOPMENT COMMITTEE

The Chief Planning Control Officer submitted a Report (Paper H37) summarising the work of the Development Committee for the year 2007/08, and requesting Members to consider and comment on the draft report in advance of it being submitted to the Overview and Scrutiny (Community Services) Committee at it’s meeting on 1 July 2008.

During the consideration of this report Members requested that for 2007/08 additional information be provided relating to planning appeals to show Members decisions and Officer decisions.  They also requested that reference be made in the report relating to the planning delivery grant and the planning policy formulation for 2007/08.

RESOLVED

That subject to the inclusion of the information referred to above, Paper H37 be adopted as the annual report of the Development Committee and submitted to the Overview and Scrutiny (Community Services) Committee on 1 July 2008. 

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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 12.40 p.m.

                                                                                                                                              Chairman