3rd October 2007 - Minutes

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, 3 OCTOBER 2007

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41 Substitutes
42 Declaration Of Interests
43 Minutes
44 Petitions
45 Questions From Members
46 Planning Applications For Determination By The Committee

PRESENT:            Mr A J Hinton – Chairman

Mr P J Holbrook, Mr R W Thake and Mr A J Ward were unable to be present.

Mrs J A Antill, Ward Member for Waldingfield, was present at the meeting for Item 6 of Paper G107 and spoke on the item with the consent of the Chairman.

41      SUBSTITUTES

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

Dr M R Miller (substituting for Mr A J Ward)

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42      DECLARATION OF INTERESTS

None declared.

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43      MINUTES

RESOLVED

That the Minutes of the meeting held on 5 September 2007 be confirmed and signed as a correct record.

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44      PETITIONS

None received.

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45      QUESTIONS FROM MEMBERS

None received.

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46      PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an addendum to Paper G107 (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 objections and representations received in respect of Item No. 14 were reported to the meeting and were considered and taken into account before a decision was reached.

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/07/01110                                        Miss Bryant (Objector)
                                                             Mr M Dixon (On behalf of applicant)

B/07/01234                                        Mrs C Johnson (Parish Council)

B/07/01187                                        Mr S Clarke (Objector)

B/07/01407                                        Mr Brandt (Parish Council)

B/07/00233, B/07/00234 and         Ms P Greenland (On behalf of applicant)
B/07/00235

B/07/01349                                        Ms S Wilkinson (Objector)
                                                             Ms P Black (On behalf of applicant)

B/07/01217 and B/07/01218          Mr C Hill (On behalf of applicant)

B/07/00674                                        Mr J F Tanner (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 G107 be made as follows:-

RESOLVED

That it be noted that this application has been withdrawn.

RESOLVED

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

• Landscaping
• As recommended by Local Highway Authority.

RESOLVED

That planning permission be granted, subject to the conditions contained in Item 3 of Paper G107.

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 ensure:-

•  The payment of contributions towards Public Open provision.

 (2) That subject to the Planning Obligation in Resolution (1) above, the Chief Planning Control Officer be authorised to grant planning permission, subject to the following conditions:-

• materials
• as recommended by Local Highway Authority
• permitted development rights removed for insertion of further windows and extensions
• landscaping scheme
• scheme of archaeological investigation required.

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

• inadequate provision of Public Open Space and play equipment.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, a motion to refuse was moved as Members felt the proposal would be contrary to the prevailing character of the area (ENV3, HS02, HS28, HS30, CN01 and HS32 refers).

RESOLVED

That planning permission be refused for the following reasons:-

Cramped form of development – detrimental to the open and spacious character of Queensway.  Contrary to policies: ENV3, HS02, HS28, HS30, CN01 and HS32. 

RESOLVED

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

• first floor side windows glazed with obscure glass.

RESOLVED

That planning permission be granted, subject to the conditions contained in Item 13 of Paper G107. 

A motion to grant planning permission was moved and seconded, but upon being put to the vote this was lost. 

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission for a period of one year, a motion of deferment was then moved to enable further investigations to take place on a proposed scheme for soundproofing.

RESOLVED

That consideration of this application be deferred to enable further investigations to take place on a proposed scheme and feasibility of soundproofing and whether this can be satisfactorily introduced.

RESOLVED

That planning permission be granted subject to the conditions contained in Item 14 of Paper G107. 

It was noted that in view of the additional information received on foul drainage arrangements, the recommendations proposed by the Chief Planning Control Officer had now been revised and these were referred to in the Addendum Sheet to Paper G107.

RESOLVED

(1) That in respect of Application No. B/07/00233/FUL – planning permission be granted, subject to the following conditions:-

• as recommended by Local Highway Authority
• landscaping
• no lighting
• details of surfacing.

(2) That in respect of Application No. B/07/00234 planning permission be refused for the following reasons:-

• an adverse impact upon the amenities of occupiers of adjacent dwellings
• would result in an unsustainable form of development
• inadequate foul drainage arrangements. 

(3) That in respect of Application No. B/07/00235 planning permission be refused for the following reasons:-

• an adverse impact upon the amenities of occupiers of adjacent dwellings
• inadequate foul drainage arrangements. 

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 ensure:-

• The payment of contributions towards off-site public open space provision.

(2)  That subject to the Planning Obligation in Resolution (1) above, the Chief Planning Control Officer be authorised to grant planning permission subject to the following condition:-

• parking.

(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 the following reason:-

• inadequate provision of public open space and play equipment.

Notwithstanding the recommendation of the Chief Planning Control Officer to refuse planning permission and listed building consent, a motion to approve was moved as Members did not feel the proposed extensions would result in a development contrary to Policies CN06, ENV1, EN3 and HS35.

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 ensure:-

That the use of the annexe shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Stutton House.

(2)  That subject to the Planning Obligation in Resolution (1) above, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:-

• materials to be agreed
• window and door details to be submitted and agreed.

(3) That Listed Building Consent be approved subject to the following conditions:-

• materials to be agreed
• window and door details to be submitted and agreed
• detailing of brick work to be agreed. 

RESOLVED

That planning permission be granted, subject to the conditions contained in Item 21 of Paper G107.

The meeting was adjourned for lunch at 1.20 p.m. and resumed at 1.45 p.m. when the following Members were present:-

 Mr A J Hinton – Chairman 

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 for a financial contribution to the provision, or upgrading of existing areas, of public open space in the locality.

(2) That subject to the Planning Obligation in Resolution (1) above , the Chief Planning Control Officer be authorised to grant planning permission, subject to the following conditions:-

• materials to be agreed
• landscaping
• boundary treatment
• as recommended by Local Highway Authority
• levels
• no additional openings to side elevations or roof
• removal of permitted development rights for extensions, outbuildings, etc.
• first floor windows to south elevation of Plot 1 and north elevation of Plot 2 to be obscure glazed.

(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 the following reason:-

• non-payment of financial contribution to the provision, or upgrade of existing areas, of public open space.

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 ensure:-

• The payment of contributions towards Public Open Space provision.

(2) That subject to the Planning Obligation in Resolution (1) above, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:–

• materials
• as recommended by Local Highway Authority
• permitted development rights removed for insertion of further windows and extensions.
• landscaping scheme
• recommendations of Arboricultural report to be carried out
• archaeological programme of investigation.

(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 the following reason:-

• inadequate provision of Public Open Space and play equipment.

RESOLVED

That listed building consent be granted, subject to the conditions contained in Item 7 of Paper G107. 

RESOLVED

That planning permission be granted, subject to the conditions contained in Item 9 of Paper G107.

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 ensure:-

• The payment of contributions towards Public Open Space provision.

(2)  That subject to the Planning Obligation in Resolution (1) above, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:-

• as recommended by Local Highway Authority
• screen walls and fences
• levels
• landscaping
• materials
• surface water drainage details
• archaeological work programme.

(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 the following reason:-

• inadequate provision of Public Open Space and play equipment.

RESOLVED

That planning permission be refused for the reasons outlined in Item 11 of Paper G107.

RESOLVED

That subject to no new adverse comments being received from the Chilton Parish Council, Long Melford Parish Council or Sudbury Town Council, the Chief Planning Control Officer be authorised to grant planning permission, subject to the conditions outlined in Item 12 of Paper G107.

RESOLVED

That planning permission be granted, subject to the conditions contained in Item 20 of Paper G107.

Note: The meeting was adjourned between 11.00 a.m. and 11.20 a.m. for refreshments.

The business of the meeting was concluded at 2.25 p.m.

Chairman