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, 16 DECEMBER 2009

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66 - Substitutes
67 - Declaration of Interests
68 - Petitions
69 - Questions from Members
70 - Site Inspections
71 - Planning Applications for determination by the Committee

            PRESENT:                           Mr R W Thake – Chairman 

Mr P Jones and Mr R Whiting were unable to be present. 

Councillor B D Hurren was present at the meeting and spoke on item 5 of Paper J146 with the consent of the Chairman.           

66        SUBSTITUTES 

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

Mrs M O Munson (substituting for Mr R Whiting). 

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67        DECLARATION OF INTERESTS 

None declared. 

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68        PETITIONS

None received.

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69        QUESTIONS FROM MEMBERS

None received.

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70        SITE INSPECTIONS

RESOLVED 

(1)       That a site inspection be held on Wednesday, 23 December 2009 in respect of the undermentioned sites prior to consideration of the application by the Committee:- 

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

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71        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE 

Members had before them an Addendum to Paper J146 (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 Nos. 1, 2, 5 and 6 of
Paper J146 were reported to the meeting and considered and taken into account before a decision was made in each case. 

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/09/00728                                               Mr R Rix (Agent for the applicant)
B/09/01257                                               Dr J Belsey (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 J146 be made as follows:- 

In response to a query from Members, it was noted that a letter would be sent to the LHA in relation to the adequacy of the roundabout next to the existing retail park to the south. 

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 towards the provision of improved cycle links. 

(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 conditions, including: 

· Restriction of goods to be sold

· Samples of Materials

· As recommended by the Environment Agency

· As recommended by the Local Highway Authority

· Energy efficiency

· Landscaping Archaeology

· Boundary Treatment 

(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:- 

The development would not make sufficient provision for improved cycle links in accordance with Policies TP03 and TP04 of the Babergh Local Plan Alteration No. 2 (2006). 

Members noted that the Planning Obligation has been completed. 

RESOLVED 

That planning permission be granted subject to the following conditions: 

· Samples of materials

· Landscaping - including retention and protection of boundary trees and hedgerows

· As recommended by LHA

· Boundary Treatment

· Removal of permitted development rights (extensions, outbuildings)

· Archaeology

· Protection of badgers

· Ground and finished floor levels 

RESOLVED 

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

· As recommended by LHA

· As recommended by Environmental Health.

· The number of events that take place at weekends (Saturday – Sunday) to be limited to 25 events per year.

· Hours of operation; Monday to Thursdays - 10.00 pm, Fridays - 12.30 am, Saturdays - 12.30 am, Sundays and Bank Holidays - 10.00 pm, New Years Eve - no restriction.

· Additionally,  the events that may take place Monday to Thursday, shall include 20 events per annum which will be allowed to continue until 12.30 am

· Limit uses within classes D1 and D2 to those applied for.  

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission on policy grounds together reasons relating to the adverse impact on the street scene and the Boxford Conservation Area, and potential noise nuisance, as detailed in Paper J146 and the addendum thereto, a proposal was moved on the basis that the application was in accordance with PPS22 and Development Plan ENG2, EN10, CN01 and CN06.  During the course of the discussion on the proposal to approve, an amendment was moved to require a condition securing the painting of the support column in accordance with a scheme to be agreed with the applicant.  On being put to the vote the amendment was accepted and the substantive motion approved. 

RESOLVED 

That planning permission be granted subject to conditons including the following:- 

· The support column to be painted in accordance with a scheme to be agreed. 

RESOLVED 

(1)       That the Solicitor to the Council be authorised to secure a planning obligation under Section 106 to the Town and Country Planning Act 1990, to ensure the payment of a 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:

· Materials and finishes

· Part alternative scheme to planning permission B/07/1798/FUL

· Finished site and ground floor levels

· Surface water  and foul drainage

· As recommended by LHA

· As recommended by CFO

· As recommended by Env Agency

· As recommended by Env Health, including installation of ventilation and extraction equipment, hours of use, the control of amplified music, hours of delivery and lighting

· Hours of operation of the Class A3 unit

· No amplified music (Class A3 unit) 

(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: 

· Unsatisfactory provision for public open space contrary to local plan policies (HS32)

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission for reasons relating to its impact on the conservation area, a motion was proposed to approve the application on the basis that the proposal would not detract from the character of the area and was in accordance with Policy CN01 and CN08. 

RESOLVED 

That planning permission be granted, subject to the imposition of conditions to be determined by the Chief Planning Control Officer:- 

The business of the meeting was concluded at 12.10 p.m. 

                                                                                                                                                    Chairman

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