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, 17 FEBRUARY 2010

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• 82 - Substitutes
• 83 - Declaration of Interests
• 84 - Minutes
• 85 - Petitions
• 86 - Questions from Members
• 87 - Site Inspections
• 88 - Planning Applications for Determination by the Committee
• 89 - Action out of Meeting (Former HMS Ganges, Shotley Gate, Shotley)

PRESENT:    Mr R W Thake – Chairman 

Mr P J Holbrook was unable to be present.

Mrs J Antill, Ward Member for Waldingfield, was present at the meeting and spoke on Item 3 of Paper J190 with the consent of the Chairman.

82    SUBSTITUTES

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

Ms J A Jenkins (substituting for Mr P J Holbrook)

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83    DECLARATION OF INTERESTS

Mr P K Beer declared a prejudicial interest in Application No. B/09/01404 (Paper J190 – Item 10) by virtue of being a Member of Sudbury Town Council, who were the applicant, and indicated that he would not be present in the Chamber during consideration of the item.

Mr P K Beer declared a prejudicial interest in Application No. B/09/01403 (Paper J190 – Item 13) by virtue of living in the vicinity of the application site and being known to the applicant, and indicated that he would not be present in the Chamber during consideration of the item.

Mr G S White declared a personal interest in Application No. B/09/00757 (Paper J190 – Item 7) by virtue of being a Member of Capel St Mary Parish Council, but indicated that his interest was such that he was able to speak and vote on the item.

Mr L S Johnson declared a personal interest in Application No. B/09/00583 (Paper J190 – Item 2) by virtue of being an aircraft pilot, but indicated that his interest was such that he was able to speak and vote on the item.

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84    MINUTES

RESOLVED

That the Minutes of the meeting held on 20 January 2010 be confirmed and signed as a correct record.

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85    PETITIONS

None received.

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86    QUESTIONS FROM MEMBERS

None received.

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87    SITE INSPECTIONS

RESOLVED

(1)    That site inspections be held on Wednesday, 24 February 2010 in respect of the undermentioned sites prior to consideration of the applications by the Committee:-

Mr R E Kemp, Ward Member for Long Melford, requested a site inspection to view the access implications and the impact of the proposal on the listed building.

Mr P G Gibson, Ward Member for Lavenham, requested a site inspection to assess the landscape qualities of the site and the impact of the proposed development.

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

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88    PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper J190 (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. 5, 7 and 9 of Paper J190 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/09/00583                                                      Mr A Plumb (Objector)

B/09/01462                                                      Mrs C Johnson (Parish Council)

B/09/01213                                                      Mr J Simmons (Applicant)

B/09/00757                                                      Mrs L Harlow (Objector)

B/09/01277                                                      Mrs J Lace (Objector)

B/09/01473                                                      Mr S Gurney (Objector)
                                                                           Mrs J Gartland (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 J190 be made as follows:-

Mr C W Arthey, Ward Member for North Cosford, requested a site inspection to assess the impact of the proposed change of use of the listed building.

RESOLVED

(1)    That consideration of the recommendation of the Chief Planning Control Officer contained in Item 6 of Paper J190 be deferred.

(2)    That a site inspection be held on Wednesday, 24 February 2010, that the Panel of Members appointed under Minute No. 87 above be appointed to inspect the site, and that a report thereon be submitted to the next meeting of the Committee, if appropriate.

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
• Code for Sustainable Homes. 

(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:

• Details of materials to be submitted and agreed
• Architectural detailing as shown on the submitted drawings to be provided/clarified (where necessary)
• As recommended by the LHA
• A surface water drainage scheme to be submitted and agreed
• The landscaping to be implemented as shown on the submitted drawings
• The landscaping to be safeguarded for 5 years
• The hard surfaces to be implemented as shown on the submitted drawings
• Removal of permitted development rights
• Control over any lighting scheme
• Details of levels to be submitted and agreed
• Glazing specification.

(3)    That in the event of the Planning Obligation referred to in Resolution (1) above not being secured within a reasonable time, the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:-

RESOLVED

That planning permission be refused for the following reasons:-

• Adverse impact on protected trees (HS28, EN04, CN01)
• Adverse impact on neighbour amenity (HS28 and HS02)
• Lack of a S106 Agreement relating to open space provision (Policy HS32). 

RESOLVED

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

• Standard time limit
• Details of materials (including timber windows and doors instead of UPVC)
• As recommended by BDC Environmental Protection
• Control over demolition
• As recommended by the LHA
• Removal of PD rights to alter the front elevation.

RESOLVED

That planning permission be refused for the following reasons:-

• Inadequate explanation and justification of the proposals; approval of a visually prominent monopole structure cannot be justified in the absence of a solid case for the need for the proposal. Contrary to EN26 and CN01
• Matters relating to the impact of the development upon the health and safety of local residents and users of the adjacent school have not been addressed. Contrary to PPG8 and EN26. 

RESOLVED

That planning permission be refused for the following reasons:-

• The proposed development, being the erection of a detached two storey dwelling, by virtue of its scale and height, and proposed position in relation to its surrounding development would represent a prominent and incongruous feature, contrary to the prevailing pattern of development, thereby harmful to local amenity.  As such, the proposal is considered to be contrary to the provisions of policies CN01 and CR02 of the Babergh Local Plan Alteration No.2 (2006).  These state that high standards of siting will be required and that all new developments will be required to be of an appropriate scale, form and detailed design whilst paying particular attention to the scale, form and nature of adjacent development and the environment surrounding the site.  Also the landscape of the Area of Outstanding Natural Beauty will be safeguarded through the strict control of development.
• The erection of a two storey detached dwelling as proposed would be contrary to Policies HS28 and HS02 of the Babergh District Local Plan Alt 2 (2006) which requires that new infill development should not represent an over development of the site to the detriment of the environment or residential amenity or adversely impact on space which is important to the village scene, and Policy CN01 of the Babergh District Local Plan Alteration No. 2 (2006) which requires the retention of important, natural local features.  If approved the proposed dwelling would be seen to be visually disruptive to the prevailing character of development in this rear garden land setting, and would set an undesirable precedent for similar developments to the progressive detriment of the character and appearance of the area.
• On the basis of the information submitted the Council cannot be satisfied that the proposal would not result in harm to protected species contrary to policy EN02 of the Babergh Local Plan Alteration No.2 (2006) and PPS9.
• Policy HS32 of the Babergh Local Plan Alteration No.2 (2006) states that proposals ranging from a single dwelling up to the development of a 1.5 hectare site will be required to provide open space and play equipment in proportion to the number of dwellings to be built.  Developers will be given the choice to either provide a financial contribution to secure public open space and play equipment on an alternative site or provide 10% of the application site as public open space.  The Local Planning Authority has identified a need for the provision of public open space and play equipment across the District, however in the absence of a signed and completed legal agreement no contribution to its delivery is made by this planning application.  The development would, if approved, be prejudicial to the Council's strategy to establish a comprehensive long-term framework for the development of outdoor playing space provision throughout the District. 

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, a motion to refuse planning permission was moved and seconded, as Members felt that this application was contrary to Policies CN01, ENV7 and HS33.  Upon being put the vote, this was carried.

RESOLVED

(1)    That planning permission be refused for the following reasons:-

• Contrary to Policies CN01 and HS33 of the Babergh Local Plan Alteration No. 2 2006 and ENV7 of the East of England Plan.

(2)    That a note be placed on the Decision Notice advising the applicant that the proposed chimney was not included as part of the application, despite being shown in some plans, and was not considered in the deliberation of the item at Committee.

In accordance with the recommendation of the Chief Planning Control Officer to grant planning permission, a motion to approve was moved and seconded.  Upon being put to the vote this was lost. 

A motion to refuse the application was moved and seconded, as Members felt that the extension would, by virtue of its height, length and position on the eastern side boundary, have an overbearing and unneighbourly impact upon the adjoining residential property.  Upon being put to the vote, this was carried.

RESOLVED

That planning permission be refused for the following reasons:-

• The proposed single-storey rear extension would, if approved, have an overbearing and unneighbourly impact upon the neighbouring residential property by virtue of its height, length and position on the eastern side boundary.  Contrary to saved Local Plan policies CN01 and HS33.                       

RESOLVED

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

• Standard time limit
• Condition stock and restrict the use so that it is not open A1
• No external storage or display of goods
• As requested by the Local Highway Authority. 

RESOLVED

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

• Noise emissions
• Restriction of extended hours to identified buildings
• Provision of new car parking area prior to commencement of extended hours
• Restricting the use of existing car park - not permitted during the extended hours
• Implementation of and restriction of use to the outdoor staff break area
• Boundary treatments
• Loading/unloading of vehicles
• Restriction on movements of fork lift trucks and similar vehicles or equipment
• Doors and windows to remain shut during extended hours
• Lorry movements
• Lighting and illumination. 

RESOLVED

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

• As recommended by LHA
• As recommended by HoNABE
• Landscaping scheme to be submitted
• Material samples. 

RESOLVED

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

• Standard Time limit
• Materials to match those of the existing dwelling. 

RESOLVED

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

• temporary use for three years. 

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89    ACTION OUT OF MEETING

Former HMS Ganges, Shotley Gate, Shotley

RESOLVED

That the action taken as detailed in Paper J191 be noted.

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Note:  The meeting was adjourned between 11.15 a.m. and 11.35 a.m. for refreshments.

The business of the meeting was concluded at 12.40 p.m.

Chairmam

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