Minutes - 1 September 2010

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, 1 SEPTEMBER 2010

PRESENT:      Mr R W Thake – Chairman 

Mr P K Beer, Mr D H Keane and Mr L H Young were unable to be present.

Mr M P Booth, Ward Member for Sudbury (South) was present at the meeting and spoke on Item Nos. 1 and 3 of Paper K84 with the consent of the Chairman.

34 - Substitutes
35 - Declaration of Interests
36 - Minutes
37 - Petitions
38 - Questions from Members
39 - Planning Application for Determination by the Committee 

34        SUBSTITUTES

It was noted that, in accordance with Council Procedure Rule No 5, substitutes were in attendance as follows:-

Mr J C Brand (substituting for Mr L H Young)

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

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35        DECLARATION OF INTERESTS

None received.

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36        MINUTES

RESOLVED

That the Minutes of the meeting held on 4 August 2010 be confirmed and signed as a correct record.

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37        PETITIONS

None received.

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38        QUESTIONS FROM MEMBERS

None received.

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39        Planning applications for determination by the Committee

Members had before them an Addendum to Paper K84 (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 and 4 of Paper K84 were reported to the meeting and considered and taken into account before a decision was made in each case.

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 K84 be made as follows:-

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 completed a motion to defer consideration of this item for the receipt of an assessment from an independent Highways consultant was moved.  Upon being put to the vote this proposal was lost.

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 resolution of ground contamination issues to the satisfaction of the Chief Planning Control Officer and 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 conditions, including:

·       Samples of external materials.

·       Landscaping and boundary treatments.

·       Protection of the listed wall (protective fencing, no storage, ground levels, method of foundation provision).

·       As recommended by LHA.

·       Archaeology.

·       Withdrawal of GPDO rights for alterations (which would include the insertion of new openings) extensions and outbuildings.

·        Finished floor levels.

·        Biodiversity.

·        Any as advised by Environmental Health (contamination).

(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 reasons:

·         Inadequate provision of public open space and play equipment contrary to Local Plan Policy HS32. 

·         Inadequate investigations for site contamination.

RESOLVED

That planning permission be refused for the following reasons:-

·         Adverse impact on neighbour amenity (HS28, HS02)

·         Lack of a Flood Risk Assessment (PPS25)

·         Unsuitable parking arrangements. 

RESOLVED

That planning permission be granted and that an informative note relating to noise and the provision of the Environmental Protection Act 1990 be provided. 

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: 

·         Standard time limit

·         As recommend by the LHA

·         No insertions or alterations to the roof (removal of PD rights)

·         Boundary treatment to be submitted and agreed

·         Materials to be agreed

·         Details of tree protection fencing to be submitted and agreed.

(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 contrary to Local Plan Policy HS32. 

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The business of the meeting was concluded at 11.10 a.m.

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                                                                                                                      Chairman