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, 21 OCTOBER 2009

Quick Links

46 - Additional Item at Meeting
47 - Substitutes
48 - Declaration of Interests
49 - Minutes
50 - Petitions
51 - Questions from Members
52 - Site Inspections
53 - Planning Applications for determination by the Committee
54 - Full Application - Erection of two three-storey semi detached dwellings (existing building to be demolished) Contact Hall, Girling Street
55 - Proposed non material amendment - alterations to side elevation of two-storey side extension - 70 Marbled White Drive, Pinewood
56 - Planning Performance
57 - Consultation on response to the new Planning Policy Statement for the Historic Environment (PPS 15: Planning for the Historic Environment)
58 - Local Development Framework - Annual Monitoring Report 2008/09

PRESENT: Mr R W Thake – Chairman 

Mr P K Beer and Mr R Whiting were unable to be present. 

Ms J A Jenkins, Ward Member for Leavenheath, was present at the meeting and spoke on Item 3 of Paper J121 with the consent of the Chairman. 

46        ADDITIONAL ITEM AT MEETING 

The Local Government (Access to Information) Act 1985 provides that an item of business may not be considered by a Committee unless it is included on an Agenda.  The Act does, however, make provision for an exception to this general rule to be made where by reason of special circumstances the Chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency. 

The Chairman advised that a situation had arisen where it has become necessary for the Committee to consider an item not included on the Agenda (Erection of two 3-storey semi-detached dwellings, The Contact Hall, Girling Street, Sudbury) and that he was satisfied that there are good reasons for dealing with this matter at this meeting as a matter of urgency. 

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47        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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48        DECLARATION OF INTERESTS 

Mr A J Ward declared a personal interest in Application No. B/09/00778 (Paper J121 – Item 6) by virtue of being known to the applicant, and indicated that he would not be present during consideration of this item. 

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49        MINUTES

RESOLVED 

That the Minutes of the meeting held on 23 September 2009 be confirmed and signed as a correct record. 

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50        PETITIONS 

None received. 

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51        QUESTIONS FROM MEMBERS 

None received. 

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52        SITE INSPECTIONS 

RESOLVED 

(1)       That site inspections be held on Wednesday, 28 October 2009 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:- 

(3)       That a site inspection be held on a date, and by a Panel to be determined in due course in respect of the undermentioned site prior to consideration of the application by the Committee:- 

53        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper J121 (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:-

            Planning Application No.                              Representations From

            B/07/00690 and                                            Mr D Brooks (Objector)
            B/07/00691/LBC                                           Miss G Challis (Agent for applicant)

            B/09/00665                                                    Mrs L Borwood-Davies (Objector)

            B/09/00990                                                    Mr W Devonshire (Objector)
                                                                                  Mr N Groom (Applicant)

            B/09/00668                                                    Mr Lambert (Objector)

            B/09/00778                                                    Mr G Walker (Objector)
                                                                                  Mrs A Chapman (Applicant)

            B/09/00907                                                    Mr Ward (Agent for 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 J121 be made as follows:- 

Notwithstanding the recommendations of the Chief Planning Control Officer to grant planning permission and listed building consent a motion to refuse planning permission and listed building consent was moved for reasons relating to policies HS04, CR19 and CN06.  Upon being put to the vote this was lost. 

RESOLVED 

(1)     That listed building consent be granted subject to conditions, including 

· materials, detailing and colour finishes 

· full schedule of works to be submitted 

(2)          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 contribution (commuted payment) 

· public open space contribution (commuted payment) 

(3)     That, subject to the completion of the Planning Obligation referred to in Resolution (2) 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: 

· materials, detailing and colour finishes. 

· landscaping (including means of enclosure). 

· full schedule of works to be submitted. 

· ecological mitigation. 

· as recommended by LHA. 

· archaeology (investigation and recording). 

· Land contamination investigations and, if required, remediation. 

· Removal of permitted development rights for extensions, external alterations, means of enclosure and outbuildings (including pools). 

· Provision of a fire hydrant. 

· Demolition of existing (adjacent) modern agricultural buildings. 

· No external lighting, unless agreed in advance. 

(4)     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 reasons (as may be appropriate): 

· Inadequate provision for affordable housing contrary to policy HS09. 

· Inadequate provision for public open space contrary to policy HS32. 

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: 

· improved pedestrian linkages

· street lighting

· health care contribution. 

(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 consent

· Schedule of finished materials and samples to be agreed

· Landscaping including retention and protection of boundary trees and hedgerows

· As recommended by LHA (access/ loading and parking/ footway along frontage)

· Means of enclosure

· Archaeology

· Surface water drainage

· Provision of the footways

· Waste disposal

· Travel plan

· Slab Levels

· Use as care home and assisted units only 

(3)     That in the event of the Planning Obligation referred to in Resolution (1) above not being secured and/or the outstanding matters listed in Resolution (1) above not being satisfactorily resolved, the Chief Planning Control Officer be authorised to refuse planning permission for the following reasons (as appropriate): 

· Inadequate mitigation for increased demands upon local health care services

· Inadequate pedestrian links

· Inadequate street lighting 

A motion to grant planning permission subject to the conditions recommended by the Chief Planning Control Officer together with other appropriate conditions was moved and seconded.  Upon being put to the vote this was lost. 

A motion to refuse planning permission was then moved and seconded for reasons relating to policy HS33 and upon being put to vote this was carried. 

RESOLVED 

That planning permission be refused for the following reasons:- 

The proposed development is contrary to saved policy HS33 of the Babergh Local Plan Alteration No 2 (2006).  Policy HS33 states that planning permission for extensions to an existing dwelling will normally be granted provided that (inter alia) the scale, mass, external materials and architectural details of the proposed extension blend in with those of the dwelling and its wider setting, and the extension reflects and respects the relationship of the site and its setting, and those of adjoining dwellings. 

The proposal, by reason of the scale, mass and architectural detailing of the cartlodge, and the loss of a tree within the site, would be out of character with the prevailing pattern of development and would have an adverse impact on the visual amenity of the area, thereby being contrary to the provisions of Policy HS33 of the Babergh Local Plan Alteration No. 2 (2006). 

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission a motion to refuse planning permission for reasons relating to impact on amenity and harm to the character and appearance of the area was moved.  Upon being put to the vote this was carried.  

RESOLVED 

That planning permission be refused for the following reasons:- 

· Impact on amenity of neighbour

· Dominant/intrusion

· Harm to character and appearance of area 

RESOLVED 

That planning permission be refused for the following reason:-  

The proposed development, including the erection of two dwellings is considered to be contrary to Policies CN01 and HS28 of the Babergh Local Plan (2006), which states that planning applications for infilling of dwellings will be refused where the proposal represents overdevelopment to the detriment of the character of the locality.  The cramped and contrived layout of the development and the intensification of use of the site would be out of keeping with the spacious character of the locality. 

 RESOLVED 

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

· Standard time limit

· As per LHA requirements

· Materials

· Levels

· Landscaping

· Obscure glazing  

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse permission a motion to grant planning permission was moved as it was considered that this application met the requirements of policy CR19 and PPS7.  Upon being put to the vote, this was carried. 

RESOLVED 

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

The building shall be used solely for purposes ancillary to the domestic occupation of 36/37 Lemons Hill and tourist holiday accommodation and for no other purposes. 

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54        FULL APPLICATION - ERECTION OF TWO THREE-STOREY SEMI DETACHED DWELLINGS (EXISTING BUILDING TO BE DEMOLISHED) CONTACT HALL, GIRLING STREET

The Chief Planning Control Officer reported that following the decision taken by Development Committee on 23 September 2009 in respect of Application No. B/09/00993 it had not been possible to secure the necessary planning obligation by 19 October 2009 but the obligation was likely to be secured very soon. 

RESOLVED 

That notwithstanding the decision of the Development Committee on 23 September 2009 (Minute No 45(d) refers) to authorise the Solicitor to the Council to secure a Planning Obligation by 19 October 2009:- 

(a)     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 planning obligation towards recreation provision under Policy HS32. 

(b)    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:- 

· Standard time limit

· Details of materials

· Landscaping scheme including details of all boundary treatment

· As recommended by the LHA

· Removal of PD rights to alter the front elevation

· Finished floor levels and proposed ground levels of the site 

(c)     in the event of the Planning Obligation referred to in (a) above not being secured, the Chief Planning Control Officer be authorised to refuse planning permission for the following reason: 

· The absence of a S106 Agreement relating towards recreation (Policy HS32). 

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55        PROPOSED NON MATERIAL AMENDMENT - ALTERATIONS TO SIDE ELEVATION OF TWO-STOREY SIDE EXTENSION - 70 MARBLED WHITE DRIVE, PINEWOOD 

The Chief Planning Control Officer reported that planning permission was granted for a two-storey side extension in line with the delegation scheme on 10 June 2009 (B/09/00344/FHA).  

Construction work is well advanced on site and the applicant has omitted the approved French doors in the side elevation serving the dining room on the ground floor. This omitted element of the approved scheme together with confirmation that the half glazed door in the side elevation of the extension will be obscure glazed are the subject of this non material amendment proposal.  

The construction of the extension in advance of any formal approval on the amendment represents a breach of planning control. As such the work undertaken to date has been entirely at the applicants own risk and does not prejudice the Councils proper and formal consideration of the amendment.  

The proposed changes have been the subject of re-consultation with the Parish Council and the occupiers of neighbouring properties in Copper Grove. 

The approved development is the subject of complaint to the Council and this matter is being addressed separately. In connection with the non material amendment four letters of objection from neighbours have been received to date and the comments were reported to the meeting. 

The Chief Planning Control Officer has considered the matter and notwithstanding the concerns, and the continued objection from the neighbours at 1, 3, 5 and 7 Copper Grove, the proposed changes are acceptable. 

RESOLVED 

That the minor amendment to the approved plans under Application No. B/09/00344/FHA in respect of 70 Marbled White Drive, Pinewood be approved. 

At this point the meeting adjourned for lunch at 12.55 p.m. and resumed at 1.35 p.m. when the following Members were present:- 

Mr R W Thake – Chairman 

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56       PLANNING PERFORMANCE 

The Chief Planning Control Officer submitted a report (Paper J122) 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.

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57       CONSULTATION ON RESPONSE TO THE NEW PLANNING POLICY STATEMENT FOR THE HISTORIC ENVIRONMENT (PPS 15: PLANNING FOR THE HISTORIC ENVIRONMENT)

The Head of Natural and Built Environment submitted a report (Paper J123) providing Members with an opportunity to agree a response to the Governments invitation to comment on a new integrated national planning policy document on the Historic Environment. 

The Development Committee was being asked to make a recommendation to Strategy Committee on this matter. 

Recommended to Strategy Committee 

That, the proposed response to the Department of Communities and Local Government as set out in Appendix A to Paper J123 be approved as the District Councils formal response to the consultation on the new planning policy statement for the Historic Environment (PPS15 – Planning for the Historic Environment). 

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58       LOCAL DEVELOPMENT FRAMEWORK – ANNUAL MONITORING REPORT 2008/09 

The Head of Natural and Built Environment submitted a report (Paper J124) outlining the purpose and key findings of the Annual Monitoring Report for the year 2008/09.  A full copy of the Annual Monitoring Report 2008/09 had been made available in the Members room and via the website. 

It was noted that a review of the Local Development Framework Programme will also be carried out. 

The Development Committee was being asked to make a recommendation to Strategy Committee on this matter. 

Recommended to Strategy Committee 

That subject to the Head of Natural and Built Environment being authorised to make minor revisions resulting from current work, the Annual Monitoring Report attached as an Appendix to Paper J124 be approved for submission to Go East . 

The business of the meeting was concluded at 2.05 p.m.

                                                                                                                                                                                                               Chairman 

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