Agenda - 29 September 2010

Members

Mr C W Arthey
Mr P K Beer
Mr P G Gibson
Mr P J Holbrook
Mr L S Johnson

Mr P Jones
Mr D H Keane
Mr B L Lazenby
Mr D C Rose
Mr R C Smith

Mr R W Thake
Mr A J Ward
Mr G S White
Mr R Whiting
Mr L H Young

ITEM

BUSINESS

1

SUBSTITUTES AND APOLOGIES

Any Member attending as an approved substitute to report giving his/her name and the name of the Member being substituted.

To receive apologies for absence.

2

DECLARATION OF INTERESTS

Members to declare any interests as appropriate in respect of items to be considered at this meeting.

3

MINUTES

To confirm and sign the Minutes of the meeting held on 1 September 2010 as a correct record.

4

PETITIONS

The Director of Corporate Services to report, in accordance with Council Procedure Rule No. 13, the receipt of the following petition submitted to the Chief Executive.

Application No. B/10/00796 – Construction of Retail Store, Business Units and 21 Dwellings: 2-4 Brook Street, Glemsford

Petition signed by approximately 420 persons strongly opposing the above planning application at the former Downs factory site.

The petition will be taken into account when the planning application is determined at a future meeting of the Development Committee.  In accordance with Council Procedure Rules, the Chief Executive will report the receipt of the petition to the Council meeting on 28 September 2010.

5

QUESTIONS FROM MEMBERS

The Chairman to answer any questions on any matters in relation to which the Council has powers or duties which affect the District and which fall within the terms of reference of the Committee of which due notice has been given in accordance with Council Procedure Rule No. 15.4 – (a) and (b).

6

SITE INSPECTIONS

In addition to any site inspections which the Committee may consider to be necessary, the Chief Planning Control Officer will report on any other applications which require site inspections.

The provisional date for any site inspections is Wednesday, 6 October 2010.

 
Paper
K103

7

PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Schedule of applications attached.

An Addendum to Paper K103 will be 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 any errata.

8

PROPOSED NON MATERIAL AMENDMENT – REVISION TO DESIGN AND LAYOUT (PLOT 11); ERECTION OF GARAGES (PLOTS 6 & 8); ADDITIONAL GARAGE BAYS (PLOTS 7 & 9); REPOSITIONING OF BOUNDARY FENCES (PLOTS 4, 5, 9); INSERTION OF ROOFLIGHTS (PLOTS 6-9); INCREASE IN GROUND FLOOR LEVEL BY 300mm (PLOTS 6-9); FENESTRATION AMENDMENTS.

CONSTRUCTION OF 11 DWELLINGS WITH ASSOCIATED GARAGING. CONSTRUCTION OF NEW VEHICULAR ACCESS (DEVELOPMENT TO ENABLE THE RESTORATION OF THE LISTED WALLED GARDEN AND ASSOCIATED STRUCTURES)

PAUL DOUBLES NURSERY LTD, MAIN ROAD, WOOLVERSTONE

The Chief Planning Control Officer to report that on 1 July 2009, the Development Committee resolved to grant planning permission for the erection of 11 dwellings with associated garaging and construction of a new vehicular access, subject to the completion of a Section 106 Planning Obligation.  Planning permission was granted on 21 April 2010 (B/08/01067/FUL).

Construction work is advanced on site and the applicant seeks the amendments to the approved scheme as detailed above.

The proposed changes have been the subject of consultation with the Parish Council, Local Highway Authority and neighbouring properties in Main Road Woolverstone.  The following responses have been received:

·        PC – the change to the appearance of Plot 11 is a change for the worse.  It does not complement the adjacent property Dairy House as the earlier design did.  The earlier design was more in keeping with its roof pitch and fenestration;

·        LHA – does not wish to restrict the grant of the amendment.

S96a of the Town and Country Planning Act 1990 (as amended) sets out the following when considering an application for a non material amendment: -

“In deciding whether a change is material, a Local Planning Authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted”.

There is no clear definition of what can or cannot be considered as a non material amendment as each case should be judged on its merits but to assist Members the tests that are normally applied when considering a proposal for an amendment are: 

·         If any proposed amendments are so slight (de minimis) and do not amount to a 'material' change from the approved plan, it is likely that the proposed alterations could be considered to be lawful within the scope of the existing planning permission

·         The question as to whether the development now proposed is the same development as that granted permission

·         Consideration of whether the description for the development would need to be changed as a result of the amendment, and,

·         What external impact the changes now proposed might have – i.e. would the proposed change be contrary to any planning policy of the Council?

Each request will be considered on its merits having regard to all relevant circumstances. 

In this case the proposed amendments would not substantially alter the development from that granted and the provision of additional garaging would fall within the description of development.  The design and form of the changes proposed are considered to be acceptable and accord with policy CN01 of the Babergh Local Plan. The garages and garage bays are of a brick and pantile construction with a pitch roof form that would sit comfortably within the development.  The design amendments to Plot 11 are considered to be acceptable and of the style and form of property that would be associated with the walled structure.  The changes proposed would not alter the relationship or impact of the development to the neighbouring properties in Main Road.

Accordingly it is recommended that the proposed non material amendment (as described above) be approved subject to the following conditions:

·        The materials to be as detailed in the applicant’s schedule and accompanying plan of brick bond dated 10 August 2010, with the garages that are the subject of the amendment and Plot 11 to be laid in Flemish bond.