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, 20 JANUARY 2010

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72 - Substitutes
73 - Declaration of Interests
74 - Minutes
75 - Petitions
76 - Questions from Members
77 - Site Inspections
78 - Legal Advice on the Determination of Application B/00/01318/RES (PAPERS J129 AND J158)
79 - Planning Application for Determination by the Committee
80 - Planning Applications for Determination by the Committee
81 - Planning Performance

            PRESENT:                           Mr R W Thake – Chairman 

Mr D H Keane was unable to be present. 

Councillors Mrs S P Clarke and Mr A C Roberts, Ward Members for Berners, were present at the meeting and spoke on Item 1 of Paper J158 with the consent of the Chairman. 

Councillor M R Miller, Ward Member for Dodnash, was present at the meeting and spoke on Item 1 of Paper J159 with the consent of the Chairman.

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72        SUBSTITUTES

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

Mr N A Ridley (substituting for Mr D H Keane).

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73        DECLARATION OF INTERESTS 

Mr G S White and Mr B L Lazenby both declared personal interests in Item 5 of Paper J159 in their capacity as Babergh’s representatives on the South Suffolk Leisure Trust Board, but indicated that their interests were such that they were able to speak and vote on the item. 

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74        MINUTES

RESOLVED 

That the Minutes of the meeting held on 16 December 2009 be confirmed and signed as a correct record, subject to the inclusion of:- 

67(A)  MINUTES 

RESOLVED 

That the Minutes of the meeting held on 18 November 2009 be confirmed and signed as a correct record. 

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75        PETITIONS

The Director of Corporate Services reported, in accordance with Council Procedure Rule No. 13, the receipt of the following petition which had been submitted to the Chief Executive:- 

Telephone Exchange, The Street, Capel St Mary 

Petition signed by more than 20 residents of the District objecting to the planning application for the erection of 18m radio monopole at the Telephone Exchange, The Street, Capel St Mary. 

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76        QUESTIONS FROM MEMBERS

None received.

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77        SITE INSPECTIONS

RESOLVED 

(1)       That site inspections be held on Wednesday, 27 January 2010 in respect of the undermentioned sites prior to consideration of the applications by the Committee:- 

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

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78        LEGAL ADVICE ON THE DETERMINATION OF APPLICATION B/00/01318/RES (PAPERS J129 AND J158)

The Solicitor to the Council reported that at it’s meeting on 18 November 2009, the Development Committee deferred consideration of Paper J129 pending the receipt of further Counsels advice on the issues contained within an opinion of Mr William Upton dated 16 November 2009. 

The Council has now secured further advice from Ms Ellis QC.  Having considered the opinion of Mr Upton, Ms Ellis has confirmed that her advice provided in February 2008 remains unchanged.  Whether or not the reserved matters now before Members can lawfully be determined is a question of whether the submission constitutes an amendment of the application made in time on 1 September 2000.  This is a matter of planning judgement for the Local Planning Authority.   

Ms Ellis has seen the officer’s reasons for accepting the changes as amendments (as set out in paragraph 25 of Paper J158) and has stated that these accord with the approach she advised.  The officer’s judgement cannot possibly be said to be irrational.   

The Solicitor to the Council also reported that since the Agenda had been despatched, Woolverstone Parish Council had provided a further legal opinion from Mr Peter Harrison QC indicating that it would be unlawful for the Council to approve the application by reason of the delay between submission of the application and its determination. 

The Solicitor to the Council advised that the further legal opinion did not raise new issues, but presented different reasoning for issues previously raised by the Parish Council.  The Solicitor to the Council stated that she was unaware of any statutory or judicial authority in support of the arguments and the issue of time delay had in any event been considered by Ms Ellis QC. 

RESOLVED 

That the Committee proceed to determine the application, subject to the Committee retaining the right to defer consideration of the item at any stage should they deem it appropriate to do so.

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79        PLANNING APPLICATION FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper J158 (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. 

Members referred to Paper J158 which supplemented Paper J129 containing the HMS Ganges application.  In accordance with the Council’s decision taken under Development Committee Minute No. 24 dated 1 July 2009 for public speaking on the HMS Ganges – Reserved Matters application, 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, a decision on the item referred to in Paper J158 be made as follows:- 

Following the presentation by the Planning Officer, Members heard from the public speakers and were then addressed by Councillors Roberts and Clarke, who spoke with the consent on the Chairman. 

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to a planning obligation under Section 106 of the Town and Country Planning Act 1990 being secured, a motion to refuse planning permission was moved for reasons relating to Policy ENV7 of the East of England Plan and Policy CN01 of the Babergh Local Plan.  Upon being put to the vote this was carried. 

RESOLVED 

That Planning permission be refused for the following reasons:- 

· Poor design and layout in particular the relationship of proposed and existing buildings on the west boundary of the site which would lead to a cramped form of development.
· ENV7
· CN01

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80        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE 

Members had before them an Addendum to Paper J159 (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. 

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 J159 be made as follows:- 

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to approve planning permission was moved and seconded as Members felt that this complied with policy EM20.  Upon being put to the vote this was carried. 

RESOLVED 

(1)         That the Chief Planning Control Officer be authorised to grant planning permission subject to: 

· Receipt of satisfactory noise assessment.
· Receipt of appropriate species surveys.
· Provision of satisfactory access arrangements. 

(2)    That in the event of the applicant not providing the information referred to above to the satisfaction of the Chief Planning Control Officer, this matter be resubmitted to the Development Committee for further consideration. 

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission, a motion to approve was moved and seconded as it was not felt that this application was contrary to the provisions of policy CN01, CN06, CR01, CR04 and HS33.  Upon being put to the vote this was carried. 

RESOLVED 

(1)    That the Chief Planning Control Officer be authorised to grant planning permission subject to the deletion of the first floor folding door and balcony. 

(2)    That in the event that agreement is not reached on this amendment the application be re-submitted to the Development Committee for further consideration. 

At this point the meeting adjourned for lunch at 1.05 p.m. and resumed at 1.35 p.m. when the following Members were present:- 

Mr R W Thake – Chairman 

RESOLVED 

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

· As recommended by LHA (as appropriate);
· Tree protection
· Remove PD - Restrict use of garage to parking
· Obscure glazing to first floor windows in side elevations – Plot 1 and Plot
. Remove PD – Extensions. 

RESOLVED 

(1)     That had the applicant not appealed to the Secretary of State against non-determination, the Council would have refused planning permission for the following reasons: 

(a)     the absence of a planning obligation to mitigate the impact of the development

(b)     that the applicants have failed to demonstrate that the proposal is acceptable on highway grounds and that the Local Planning Authority is not convinced that the development will not be contrary to PPG 13; Policies TP01, TP15 and TP25 of the Babergh Local Plan (Alteration No. 2) 2006 

(c)     that the applicants have failed to demonstrate that the proposal is acceptable in drainage and flooding grounds and that the Local Planning Authority is not convinced that the development will not be contrary to PPS25; and Policy HS25 of the Babergh Adopted Local Plan (Alteration No. 2) 2006. 

(2)     That the Solicitor to the Council and the Chief Planning Control Officer defend the Council’s position on appeal at the forthcoming Public Inquiry on behalf of the Council on the above grounds. 

(3)     That the Solicitor to the Council seek to secure a planning obligation under S106 of the 1990 Act, to be presented to the Secretary of State, providing that should the appeal be allowed and outline planning permission be granted, seeking the following: 

· Affordable housing
· Contributions to additional education provision
· Contribution towards the improvement of public footpaths
· Contribution to health provision
· Contribution towards Public open space and/or the provision of a LAP
· Structural landscaping/maintenance
· Provision and maintenance of public open space
· Such other Obligations as the Solicitor to the Council and the Chief Planning Control Officer consider appropriate. 

RESOLVED 

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

· Standard Time limit
· Submission of material samples 

RESOLVED 

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

· Surface water drainage strategy (i.e. permeable surfacing or drainage to soakaways for example).
· Colour finish to blockwork surfacing.
· New fencing and gates not to exceed 1m in height and to be finished (and retained) in an agreed colour stain.

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81       PLANNING PERFORMANCE

The Chief Planning Control Officer submitted a report (Paper J160) 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.

The business of the meeting was concluded at 2.15 p.m. 

                                                                                                                                                    Chairman

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