Minutes - 12 May 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, 12 MAY 2010

PRESENT:                           Mr R W Thake – Chairman

Mr B Riley, Ward Member for Hadleigh (North), was present at the meeting and spoke on Item 3 of Paper K11 with the consent of the Chairman.

1 - Election of Vice Chairman
2 - Declaration of Interests
3 - Minutes
4 - Petitions
5 - Questions from Members
6 - Site Inspections
7 - Planning Applications for Determination by the Committee
8 - Planning Performance

1    ELECTION OF VICE CHAIRMAN

RESOLVED

That Mr P K Beer be elected Vice Chairman of the Development Committee for the ensuing year.

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2    DECLARATION OF INTERESTS

Mr R W Thake declared a personal interest in Application No. B/10/00141 (Paper K11 – Item 2) by virtue of being known to the applicant, and indicated that he would vacate the Chair and would not be present in the Chamber during consideration of this item. 

Mr P J Holbrook and Mr R C Smith both declared personal interests in Application No. B/10/00141 (Paper K11 – Item 2) by virtue of being known to the applicant, and indicated that that they would not be present in the Chamber during consideration of this item.

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3    MINUTES

RESOLVED

That the Minutes of the meeting held on 14 April 2010 be confirmed and signed as a correct record. 

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4    PETITIONS

The Director of Corporate Services reported, in accordance with Council procedure rule no.13, the receipt of the following petition which had been submitted to the Chief Executive;

Proposed Under 5’s Play Area – Catesby Meadow, Sudbury

Petition signed by approximately 57 residents of the District opposing the proposed use of galvanised steel fencing around small residential play area.  It was noted that this matter related to the discharge of a planning condition and would be dealt with by the Chief Planning Control Officer.  

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5    QUESTIONS FROM MEMBERS

None received.

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6    SITE INSPECTIONS

RESOLVED

(1)       That a site inspection be held, on Wednesday 19 May 2010, 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:

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7    PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper K11 (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 No. 1 of Paper K11 were reported to the meeting and considered and taken into account before a decision was made.              

In accordance with the Councils procedure for public speaking on planning applications, representations were made as detailed below:- 

Planning Application No.                     Representations From

B/08/00793                                         Mr I Homer (Objector)

                                                           Mr A Wright (Applicant)

B/10/00141                                         Mr B Drury (Applicant)

B/10/00154                                         Mrs K Grandon-White (Objector)

B/10/00061                                         Mr P Boswell (Agent for Applicant)

B/09/00425                                         Mr R Carpenter (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 K11 be made as follows:- 

Notwithstanding the recommendations of the Chief Planning Control Officer to grant planning permission subject to a Section 106 Agreement being entered into a motion to refuse planning permission was moved and seconded as Members considered that the proposal would create additional activity and general disturbance, be detrimental to the residential amenities of the adjoining properties, create a nuisance, cause harm to the character of the countryside and quiet enjoyment of the railway walk.

Upon being put to the vote, this was carried.     

RESOLVED

That planning permission be refused for the following reasons:-

·          CR01 (Countryside)

·          CR04 (Special Landscape Areas)

·          RE06 (Recreation in the Countryside)

RESOLVED

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

·         Standard Time limit

·         Submission of material samples

·         Parking spaces to be retained for parking of vehicles at all times

·         Upgrading of access

·         Removal of Permitted Development Rights for further extensions

·         Landscaping scheme

·         Doors/windows be fitted with glazing with high acoustic attenuating performance

·          Levels

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions a motion to refuse the application was moved and seconded as Members considered that the proposal would create additional activity and general disturbance, noise and litter.

RESOLVED

That planning permission be refused for the following reason:

·          EM01

RESOLVED

That planning permission be refused for the following reasons:-

(1)        The proposed development involving the demolition of the existing dwelling known as Hillcrest and the erection of a terrace of four dwellings would represent overdevelopment of the site.  Saved Policy HS01 of the Babergh Local Plan Alteration No. 2 (2006) states that in towns, housing developments will be granted planning permission provided that they have no material adverse affects upon, inter alia, residential amenity, the environment or traffic generation.  This is reinforced by Saved Policy HS28 of the Local Plan which states that planning applications for infilling for groups of dwellings will be refused where, inter alia, the proposal, in the opinion of the District Council, represents overdevelopment to the detriment of the environment, the character of the locality, residential amenity or highway safety; the layout provides an unreasonable standard of privacy, garden size or public open space; and the proposals are of a scale, density or form that would be out of keeping with adjacent and nearby dwellings or other buildings.  Saved Policy CN01 of the Babergh Local Plan also requires new development proposals to be of an appropriate scale, form, detailed design and construction materials for the location.

(2)       In this instance, and at 55 dwellings to the hectare, the erection of a terrace of four dwellings would be out of character within the area within which the application site finds itself situated.  The prevailing character of the surrounding area is of detached and semi-detached dwellings laid out in a relatively spacious manner which are far more fitting for an urban fringe location.  The overdevelopment is symptomised by inadequate areas of private amenity space and off road parking that would serve dwellings that are of a size that would provide for family accommodation.  Furthermore to put the whole of the frontage over to car parking would accentuate the high density urban character of the development that would erode the visual amenities of the street scene.  Therefore the proposed development would be contrary to the aforementioned policies; Policies SS1 and ENV7 of the East of England Plan 2008; and the advice as set out within Planning Policy Statements 1 and 3.           

RESOLVED

That planning permission be refused for the following reasons:

·      Inappropriate development in the countryside contrary to Local Plan policies HS04, CR01 and PPS7. 

·      The design and appearance of the dwelling is not sufficiently ground-breaking to warrant an exception to the general policies of restraint as required by PPS7.

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:-

·        Financial contribution towards public open space provision.

(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 the following conditions:- 

·       Standard time limit.

·       Materials to roofs and elevations as specified in the application form, unless otherwise agreed in writing.

·       Boundary treatment to be retained as identified on the submitted layout plan.

·       Removal of permitted development rights for roof alterations, insertion of roof lights and dormer windows.

·       Removal of permitted development rights for future extensions

(3)        That in the event of the Planning Obligation referred to in Resolution (1) above not being secured within a reasonable time period (three months), the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:

·            Inadequate provision of public open space contrary to Policy HS32 of the Babergh Local Plan.  

RESOLVED

That planning permission be refused on the grounds of being contrary to policy CR13 and an undesirable precedent.

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:

·         Affordable Housing

(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 the following conditions:

·         Details of materials to be submitted and agreed

·         As recommended by the LHA

·         Archaeological excavation prior to development

·         Landscaping

·         Control over any lighting scheme

·         Details of levels to be submitted and agreed

·         Details of sheds 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:

·       In the absence of a legal agreement securing the units as affordable housing the proposal would be contrary to Policies HS06 and HS07 of the Babergh District Local Plan Alt 2 (2006).

RESOLVED

That planning permission be granted subject to the following conditions:

·        Standard time limit

·        Materials to match those of the existing bungalows

·        No new windows in west elevation of proposed extension to No.12

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8          PLANNING PERFORMANCE

The Chief Planning Control Officer submitted a report (Paper K12) 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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Note:   The meeting was adjourned between 10.55 a.m. and 11.20 a.m. for refreshments.

The business of the meeting was concluded at 1.05 p.m.

                                                                                     ...............................................................                                                                                                 Chairman