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 FEBRUARY 2011

            PRESENT:                           Mr R W Thake – Chairman

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75    Declaration of Interests
76    Minutes
77    Petitions
78    Questions from Members
79    Site Inspections
80    Planning Applications for Determination by the Committee
81    Application No. B/10/01562/FHA - Erection of Single Storey Side Extension (to infill between existing house and garage) - Jackdaws, Newmans Green, Acton


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

Dr M R Miller (Ward Member for Dodnash) was present at the meeting and spoke on Item No. 2 of Paper K206 with the consent of the Chairman.

75        DECLARATION OF INTERESTS

Mr G S White declared a personal interest in Application No. B/10/01483 in his capacity as a Member of Capel St Mary Parish Council but indicated that he was able to speak and vote on the matter in question.

Mrs J Antill declared a personal and prejudicial, interest in her capacity as the applicant, in the matter referred to in Paper K207 and was not present in the Chamber when this matter was considered.

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76    MINUTES

RESOLVED

That the Minutes of the meeting held on 19 January 2011 be confirmed and signed as a correct record.

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77    PETITIONS

Planning Application  No. B/10/01640 – Change of use, 56 North Street, Sudbury

Petition signed by approximately 127 residents of Babergh objecting to a proposed change of use to take-away.  The petition will be taken into account when the planning application is considered by the Development Committee.  The Chief Executive will report the receipt of the petition to the Council meeting on 22 February 2011.

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78    QUESTIONS FROM MEMBERS

None received.

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79    SITE INSPECTIONS

RESOLVED

(1)       That a site inspection be held on Wednesday, 23 February 2011 in respect of the under-mentioned site, prior to consideration of the application by the Committee:-

Mr B L Lazenby, Ward Member for South Cosford, requested a site inspection to assess the size of the building and impact on landscape.  

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

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80    PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper K206 (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. 2, 3 and 4 of Paper K206 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:-

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 K206 be made as follows:-

The recommendation of the Chief Planning Control Officer to refuse planning permission for reasons relating to the adverse impact on future occupants because of the close proximity of the proposed dwellings to Long Melford Village Hall was proposed and seconded but lost on being put to the vote.  A motion to grant planning permission was moved on the basis that the proposed development was considered to be consistent with Local Plan Policies HS02, HS03, HS28, HS32, CN01, CN06 and CN08, notwithstanding the issues raised in the report in relation to the proximity of the development to the Village Hall.

RESOLVED

That subject to the receipt of an appropriate site location plan, the Chief Planning Control Officer be authorised to grant planning permission subject to conditions including

• Standard time limit
• As recommended by the Ecologist
• Details relating to bin and cycle storage
• Materials to be submitted and approved
• Details of the glazed privacy screen to the balcony to be submitted and approved
• Details of all screen walls and fences to be submitted and approved
• As recommended by the HBO, EHO or LHA if appropriate
• No development until vehicular access to the site is achieved
• Details of foul and surface water drainage to be submitted and approved
• Levels to be submitted and approved
• PD rights to be removed
• Construction management plan to be submitted and approved 
• Details of hard and soft landscaping to be submitted and approved

RESOLVED

That planning permission be refused for the following reasons:-

• Harmful impact by way of loss of light, and an overbearing oppressive relationship, to the residential amenity enjoyed by the occupants of Ivydene, contrary to Policy HS33 of the Local Plan.
  
  
• Harmful impact to the host dwelling and street scene by virtue of the scale and massing of the extensions and cart lodge, contrary to Policies HS33 and CN01 of the Local Plan.

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 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:

• Standard time limit
• Archaeology
• Obscured glass to the bathroom and ensuite windows in Plot 1
• As recommended by the LHA, including retention of  parking
• Provision of secure bin and cycle storage
• Materials to be approved
• Screen walls and fences to be approved, including a wall to screen the bins
• Landscaping (hard and soft) to be approved and safeguarded.
• Floor levels and surface water attenuation to be secured

(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 reason(s) including:

• Inadequate provision of public open space and play equipment contrary to Local Plan Policy HS32.

Notwithstanding the recommendation of the Chief Planning Control Officer that planning permission be granted subject to conditions, a motion to refuse for reasons relating to over development and impact on the street scene was proposed and seconded but lost on being put to the vote.

RESOLVED

That planning permission be granted subject to conditions including:-

• Standard time limit
• Biodiversity enhancement is secured
• Tree protection
• As recommended by the LHA
• Materials to be approved
• Levels to be approved
• Hard and soft landscaping to be approved

Note:   Councillor L H Young was not in the Council Chamber when consideration of this item commenced, and he therefore took no part in the discussion or voting thereon.

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission for reasons relating to the proposal being contrary to Policies CR01, HS04 and HS35 of the Babergh Local Plan (Alteration No. 2) 2006, a motion to grant planning permission subject to the completion of a Section 106 Planning Obligation was proposed and seconded and carried on being put to the vote.  The basis of the motion to approve was that, notwithstanding the provisions of Local Plan Policy HS35, the proposal was not considered to harm the countryside and as such no conflict was identified with Local Plan Policy CR01.

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

• Restrict the use/occupation of the annex as required by Local Plan Policy HS35.

(2)    That, subject to the completion of the Planning Obligation referred to in Resolution (1) above, the Chief Planning Control Officer be authorised to grant planning permission subject to conditions to be imposed by him.

Note:   In the event that the Planning Obligation referred to in Resolution (1) above is not secured, the matter would be the subject of a further report to the Committee.

The recommendation of the Chief Planning Control Officer to grant permission subject to conditions was proposed and seconded but lost on being put to the vote.  A motion to refuse planning permission was moved on the basis that the proposed sunroom would have an overbearing impact upon the neighbouring property.

RESOLVED

That planning permission be refused for reasons including:

• The proposed sun room addition would have an overbearing impact upon the neighbouring property with harm to residential amenity contrary to Local Plan Policy HS33.

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 (a) an ecological survey to determine the presence or otherwise of Great Crested Newts and (b) 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
• Removal of permitted development rights
• Details of levels
• Details of drainage
• Retention of parking and turning areas
• Details of boundary treatment
• Any conditions required for ecological mitigation purposes.

(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 reason(s) including:

• Inadequate provision of public open space and play equipment contrary to Local Plan Policy HS32.

Note:   In the event that the result of the ecological survey is that Great Crested Newts are found on site and appropriate mitigation cannot be secured, the matter would be the subject of a further report to the Committee (paragraph 34 of Item 8 refers).

81       APPLICATION NO B/10/01562/FHA – ERECTION OF SINGLE STOREY SIDE EXTENSION (TO INFILL BETWEEN EXISTING HOUSE AND GARAGE) – JACKDAWS NEWMANS GREEN ACTON

The Head of Natural and Built Environment submitted a report (Paper K207) asking Members to ratify a decision taken by the Chief Planning Control Officer under delegated powers.

RESOLVED

That the decision to grant planning permission for the erection of single-storey side extension, Jackdaws, Newmans Green, Acton, be ratified

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 12.55 p.m.

                                                                                                                       Chairman