Minutes - 23 September 2009

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, 23 SEPTEMBER 2009

PRESENT:   Mr R W Thake – Chairman

Mr A J Ward was unable to be present.

Mr R E Kemp, (Ward Member for Long Melford), was present at the meeting and spoke on Item 1 of Paper J96 with the consent of the Chairman.

Ms J A Jenkins, (Ward Member for Leavenheath), was present at the meeting and spoke on Item 3 of Paper J96 with the consent of the Chairman. 

40 - Declaration of Interests
41 - Minutes
42 - Petitions
43 - Questions from Members
44 - Site Inspections
45 - Planning Applications for Determination by the Committee

40        DECLARATION OF INTERESTS

Mr C W Arthey subsequently declared a personal interest in Application No. B/09/00850 (Paper J96 – Item 5) by virtue of being known to the applicant, and indicated that he would not be present during consideration of this item.

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41        MINUTES

RESOLVED

That the Minutes of the meeting held on 26 August 2009 be confirmed and signed as a correct record. 

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42        PETITIONS

None received. 

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43        QUESTIONS FROM MEMBERS

None received.

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44        SITE INSPECTIONS

RESOLVED

(1)       That site inspections be held on Wednesday, 30 September 2009 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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45        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper J96 (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.

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/09/00335                                                 Mr K Fenwick (Applicant)

B/09/00801                                                 Mrs B Rowe (Parish Council)

B/09/00993                                                 Mr P McGregor (Applicant)

B/09/00768 and B/09/00769                       Mr R Gardam
                                                                    Mr P Cobbold (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 J96 be made as follows:-

Notwithstanding the recommendations of the Chief Planning Control Officer which included the refusal of listed building consent, a motion to approve consent was moved as there was a view that the proposals were in keeping with the street scene and the materials were not inappropriate.  Upon being put to the vote this was lost.

RESOLVED

(1)       That listed building consent be refused for the following reason:-

·    Inappropriate alterations (by virtue of form and materials) contrary to PPG15: Planning and the Historic Environment (1994) and to saved policy CN06 of the Babergh Local Plan Alteration No. 2 2006.

(2)       That, following the issuing of a refusal of listed building consent, the Chief Planning Control Officer be authorised to issue a Listed Building Enforcement Notice under Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to restore the portico to its former state (by virtue of acceptable form and materials).

(3)       That prosecution of the applicant for the offence committed is not pursued in this instance.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, a motion to refuse planning permission for reasons relating to Policies HS02, HS28 and CN01 was moved.  Upon being put to the vote this was carried.

RESOLVED

That planning permission be refused for the following reasons:-

·    Contrary to Policy HS02

·    Contrary to Policy HS28

·    Contrary to Policy CN01.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission, a motion to refuse planning permission for reasons relating to Policies HS02, HS28 and CN01 was moved.  Upon being put to the vote, this was carried.

RESOLVED

That planning permission be refused for the following reasons:- 

·    Contrary to Policy HS02

·    Contrary to Policy HS28

·    Contrary to Policy CN01. 

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 planning obligation towards recreation provision under Policy HS32.

(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

·    Details of materials

·    Landscaping scheme including details of all boundary treatment

·    As recommended by the LHA

·    Removal of PD rights to alter the front elevation

·    Finished floor levels and proposed ground levels of the site.

(3)       That in the event of the Planning Obligation referred to in Resolution (1) above not being secured by the 19 October 2009, the Chief Planning Control Officer be authorised to refuse planning permission for the following reason:

·    The absence of a S106 Agreement relating towards recreation (Policy HS32).

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 planning obligation towards recreation provision under Policy HS32.

(2)       That subject to the completion of the Planning Obligation referred to in Resolution (1) to the satisfaction of the Solicitor to the Council, the Chief Planning Control Officer be authorised to grant planning permission, subject to him being satisfied that the proposed bin stores were satisfactory, and to the following conditions:-

·    Standard time limit

·    Details of materials (including timber windows and doors instead of UPVC)

·    As recommended by BDC Environmental Protection

·    Control over demolition

·    As recommended by the LHA

·    Removal of PD rights to alter the front elevation

·    Finished floor levels and ground levels of the site

·    As recommended by the County Archaeologist

·    Construction management.

(3)       That in the event of the Planning Obligation referred to in Resolution (1) above not being secured or confirmation not being received that the bin stores were satisfactory, the Chief Planning Control Officer be authorised to refuse planning permission for the following reasons: 

·    The absence of a S106 Agreement relating to recreation (Policy HS32)

·    Inadequate bin storage.

(4)       That a note be placed on the Decision Notice advising that the applicants should liaise with the Building Control Section relating to party wall legislation and the potential impact of the development on the neighbouring property.

RESOLVED

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

·    Time limit condition

·    Details and samples of all external facing and roofing materials

·    Condition regarding use of the building

·    Details of ground level changes and details of the slab level of the building

·    As recommended by the Councils Arboricultural Officer to secure the satisfactory safeguarding of the protected trees. 

RESOLVED

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

·    Standard time limit

·    Details of materials

·    Landscaping scheme including details of all boundary treatment

·    Removal of Schedule 1 Parts 1 (Class A – E) and 2 Permitted Development rights (extensions, outbuildings, fences and walls) (including removal of PD rights for roof alterations in Plot 2)

·    Details of hard landscaping

·    As recommended by the LHA

·    Finished floor levels and ground levels.

RESOLVED

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

·     Standard time limit

·     Finished floor levels and ground levels.

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

The business of the meeting was concluded at 12.45 p.m.

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