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, 30 NOVEMBER 2011

            PRESENT:                                   Mr P K Beer – Chairman

Mr R W Thake was unable to be present.

Mr S R Barrett (Ward Member for Sudbury (South)) and Mr J R A Sayers (Ward Member for Sudbury (North)) were present at the meeting and spoke on Item No 1 of Paper L110 with the consent of the Chairman.

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60    Substitutes
61    Declaration of Interests
62    Minutes
63    Petitions
64    Questions from Members
65    Site Inspections
66    Planning Applications for Determination by the Committee

60          SUBSTITUTES

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

      Mr L H Young substituting for Mr R W Thake.

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61        DECLARATION OF INTERESTS

Mr A F D W Osborne declared a personal interest in Item No. 1 of Paper L110 (Application No B/10/001308) in his capacity as a Sudbury Town Councillor. He stated that his interest was such that he was able to speak and vote on the matter concerned.

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62        MINUTES

Members were advised that Minute No. 58(e) of the meeting held on 2 November 2011 required the third reason for refusal of Application No. B11/00975 “lack of an open space contribution (HS32)” to be deleted because this contribution had been secured by way of a Section 106 Planning Obligation (as referred to in the Addendum circulated prior to the commencement of that meeting).

RESOLVED

That the Minutes of the meeting held on 2 November 2011 be confirmed and signed as a correct record, subject to the amendment referred to above.

63        PETITIONS

None received.                        

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64        QUESTIONS FROM MEMBERS

None received.

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65        SITE INSPECTIONS

RESOLVED

(1)       That site inspections be held on Wednesday, 7 December 2011 in respect of the undermentioned sites, prior to consideration of the applications by the Committee:-

Mr A C Roberts requested a site inspection to assess the impact of the development upon residential amenities.

EAST BERGHOLT Application No. B/11/01277/FUL

Full Application – Erection of two storey extensions, Fenbridge Cottage, Fenbridge Lane.

Dr M F M Bamford requested a site inspection to assess the impact of the proposals upon the character of the Area of Outstanding Natural Beauty.

HINTLESHAM Application No. B/11/01190/FUL

Full Application – The stationing of 6 holiday units, creation of a lake, access, parking, landscaping, the installation of a private treatment plant and all ancillary works, land north-east Northlands Farm, Priory Road.

Mr P Jones requested a site inspection to assess the impact of the proposals upon the countryside.

 

GLEMSFORD Application Nos. B/11/01349/ADV B/11/01350/FUL and B/11/01351/CAC

Application for Advertisement Consent – Fascia sign to the top of the shop front to Unit No. 2.  Pole/gantry sign to front of the site.  Full Application – Erection of single-storey building to accommodate 2 retail units with ancillary uses of A3 and A5 (existing workshops/office and bungalow to be demolished).  Application for Conservation Area Consent – Demolition of existing workshop/office and bungalow, Glemsford Motor Services, Bells Lane.

Mr R W Thake requested a site inspection to assess the impact of the proposals upon neighbouring properties.

Mr P J Holbrook requested a site inspection to assess the impact of the proposals on local amenities and access arrangements.

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

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66        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper L110 (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, 4 and 7 of Paper L110 were reported to the meeting and considered and taken into account before a decision was made on each item.

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/10/01308/FUL                                   Mr M Beasley (Objector)
                                                                         Mr A Peplar (Applicant)
                                                                         Mr K Hayward (Supporter of Applicant)

            B/11/00792/FUL                                   Mr G White (Capel St Mary Parish Council)
                                                                         Mr J Greenhow (Objector)
                                                                         Mr P Le Grys (On behalf of the Applicant)

            B/11/01203/FUL                                   Mrs J Terran (Applicant)

            B/11/00793/FUL                                   Mr Clarke (Brettenham Parish Council)
                                                                         Mr Schanschieff (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 L110 be made as follows:-

Following a question from a Member, the Solicitor to the Council advised that the securing of a contribution of £60,000 towards a Market Town Development Manager would be by way of a covenant within the Section 106 Planning Agreement.              

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 for:

• Transfer of natural area
• £10,000 towards Management of natural area
• £100,000 towards bus station improvements
• £5,000  towards Travel Plan monitoring
• £20,000 towards a Travel plan bond 
• £1,500 towards the Suffolk car share website
• £55,000 towards upgrading of public footpaths 11 and 12
• £10,000 towards a shared cycle/pedestrian route on south side of Cornard Road (between Belle Vue junction and Cat’s Lane)
• £150,000 to provide a Puffin crossing at Girling Street  
• £51,000 towards town Centre Promotion
• Local Training Initiatives
• any other obligations that the Solicitor to the Council in consultation with the Chief Planning Control Officer considers necessary. 

Further, that the Solicitor to the Council be authorised to secure a contribution of £60,000 towards a Market Town Development Manager.

(2)          That subject to (a) the case not being recovered for determination by the Secretary of State following the referral of the application to the National Planning Casework Unit, and (b) 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: 

• Time limit
• Detailed design of proposed access including traffic lights, Toucan Crossing, pedestrian accesses, cycle accesses, MOVA dynamic control and vehicle detection for the western factory access as part of the dynamic control and details of a management system to avoid queuing onto highway
• Detailed Stage 2 safety audit including ingress and egress of delivery vehicles to Stephen Walters
• Parking, including cycle stores and disabled spaces
• Means of preventing surface water discharging onto the highway
• Travel plan
• Provision of bus stop
• Provision of Toucan crossing
• Materials
• Levels
• Boundary treatment including acoustic barriers
• Retaining walls
• Hard and soft landscaping
• Landscape management plan
• Access to wildlife site
• Habitat protection - reptile mitigation strategy
• Surface water and foul drainage
• Contamination
• Clarification of convenience/comparison floorspace and no additional mezzanine sales area
• External lighting in accordance with details submitted
• No home deliveries unless otherwise agreed in writing
• Service yard management policy
• External plant and equipment
• Low noise surface to approach road and service yard
• Heavy duty curtains to loading bays
• No external amplification systems
• Operating hours of store – Monday to Saturday 0700 – 2300, Sundays and Bank Holidays 1000 – 1800 (Sunday opening restricted to 6 hours)
• Means to prevent access to the customer car park outside store trading hours
• Construction management plan
• Collection and disposal of litter collection in vicinity as a result of the use
• Means of preventing shopping trolleys being taken off site and abandoned
• Details of the bio-mass boiler
• Details of recycling facilities to be submitted to and agreed in writing by the LPA

(3)          That in the event that the National Planning Casework Unit directs that the application is to be recovered by the Secretary of State for determination then it be noted that no further action will be taken in relation to Resolutions (1) and (2)(b) until the outcome of the Secretary of State’s deliberations is known.

(4)          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 reasons including the following:

• inadequate social and physical infrastructure provision in line with the requirements of Local Plan Policies LP01 and SP03, notably pedestrian access improvements, public transport provision, town centre signage, and employment promotion

Notwithstanding the recommendation of the Chief Planning Control Officer that planning permission be granted subject to conditions, a motion to refuse permission for the proposed development on various policy grounds, including reasons related to the impact of the proposal on the area and on the existing commercial use, was moved and carried on being put to the vote.

RESOLVED

That planning permission be refused on the grounds that the proposal would represent an undesirable form of backland development having a contrived layout.  The proposed dwellings would also be of an inappropriate scale having a poor relationship with existing properties and the creation of conditions that are detrimental to future occupants             and the viability of the existing business premises.  Furthermore the proposal would extend development into the countryside.  The proposal would thereby be contrary to Policies HS02, HS04, HS28, CN01, CR01 and EN24.

Mrs A M Norman requested a site inspection to assess the impact of the development on the listed building, neighbouring properties and residential amenities.

RESOLVED

(1)        That consideration of the Chief Planning Control Officer’s recommendations contained in the application referred to in (c) above be deferred.

(2)        That a site inspection be held on Wednesday 7 December 2011, that the Panel of Members appointed under Minute No 65 above be appointed to inspect the site, and that a report thereon be submitted to the next meeting of the Committee.

RESOLVED

That planning permission be refused for reasons including:-

• Loss of an employment facility without adequate marketing – Policy EM24 and associated SPD
• Adverse impact on the Conservation Area/character of the area – Policies CN08, CN01 and HS28
• Lack of legal agreement pursuant to Policy HS32

RESOLVED

That planning permission be granted subject to conditions including:-

• Floodlighting to be switched off no later than 8:30pm and no lighting after 8:30pm or before 8:00am the next morning.
• Methodology for raising and lowering the lighting columns.
• Strategy of mitigation for the lights to minimise light pollution and spillage away from the pitch (including no light spill into the nearby oak lined tree avenue).
• Precise details of the lighting columns (type and colour).
• Details of surfacing (colour and materials – to minimise light reflection).
• Archaeology.
• Landscaping scheme (compensatory tree planting).

Advisory notes

1.            No removal of trees during the bird nesting season.
2.            Advice regarding bats.
3.            Advice to the applicant regarding the public footpath during construction

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 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 including:

• Materials to be as stated on the application form
• The soft landscaping on the boundary to be protected during construction and retained thereafter.
• PD rights for fencing and walls to be removed.
• PD rights for roof extensions and alterations to be removed
• As recommended by the LHA

(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. 

RESOLVED

That planning permission be granted subject to conditions including:-

• Standard time limit

Note:   The meeting adjourned between 11.20 a.m. and 11.40 a.m. for refreshments.

            The business of the meeting was concluded at 1.25 p.m.

                                                                                                                          Chairman