Minutes - 24 November 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, 24 NOVEMBER 2010

PRESENT:                                Mr R W Thake – Chairman

Mr A J Hinton (Ward Member for Dodnash), was present at the meeting and spoke on Item No. 3 of Paper K147 with the consent of the Chairman.

55 - Declaration of Interests
56 - Minutes
57 - Petitions
58 - Questions from Members
59 - Site Inspections
60 - Planning Applications for Determination by the Committee
61 - Proposed Non-Material Amendment - Amendments to Extension C, Change of Use of 'Bottle Blow Moulding' Building to Provide Cold Storage Facility (Effectively Switching the Areas of Use Shown on the Approved Plans); Amendment to Number and Position of Openings in Eastern Elevation - Coppella Fruit Juices Limited, Brick Kiln Farm, Brick Kiln Hill, Polstead

55        DECLARATION OF INTERESTS

None declared.

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56        MINUTES

RESOLVED

That the Minutes of the meeting held on 27 October 2010 be confirmed and signed as a correct record.

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57        PETITIONS

None received.

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58        QUESTIONS FROM MEMBERS

None received.

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59        SITE INSPECTIONS

RESOLVED

(1)       That a site inspection be held on Wednesday, 1 December 2010 in respect of the undermentioned site, prior to consideration of the application by the Committee:-

Mr B D Hurren, Ward Member for Boxford, requested a site inspection to assess the impact of the extensions upon the adjoining properties.

(2)       That a Panel comprising the following Members be appointed to inspect the site:-

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60        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper K147 (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 5 of Paper K147 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:-

            Planning Application No.                              Representations From

            B/10/00651                                                  Mrs M Davies (Objector)
                                                                                Mr G Hall (Agent for Applicant)

            B/10/01175                                                  Mr P Gardiner (Objector)

            B/09/01431                                                  Mr Howlett (Objector)

            B/10/01137                                                  Mr R Rendall (Applicant)

            B/10/00947                                                  Mr J Gagen (Parish Council)

            B/10/01013                                                  Mrs M Bailey (Objector)

                                                                                 Mr Herod (Applicant)

The Chief Planning Control Officer referred to the judgement in the case brought by Cala Homes in the High Court, which considered that the powers set out in Section 79(6) of the Local Democracy, Economic Development and Construction Act 2009, could not be used to revoke all regional strategies in their entirety.

The effect of this decision was to re-establish regional strategies as part of the Development Plan and the Addendum to Paper K147 indicated the policies from the East of England Plan that would be applicable to the relevant applications.

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 K147 be made as follows:-

RESOLVED

That subject to no objections being raised by the Suffolk County Council Archaeology Department and the Environment Agency and Wherstead Parish Council, the Chief Planning Control Officer be authorised to grant planning permission, subject to the following conditions:-

·    Standard time limit

·    The development to be implemented in accordance with the recommendations within the biodiversity report submitted 

·    The proposed restaurant shall not be used until the existing is permanently closed 

·    The restaurant is to only be used as an ancillary component of the Suffolk Food Hall and Suffolk Cookhouse.

·    Details of materials and colours to be submitted and agreed.

·    The development be phased so that the incubator units are ready for occupation prior to the use of the restaurant

·    The landscaping to be agreed and safeguarded for five years

·    Details of the surface treatment to the car park to be submitted and agreed

·    As recommended by the BDC Environmental Health Team, including external lighting to be approved

·    That the incubator units are not merged

·    The development to be implemented in accordance with the Green Travel Plan

·    Implementation of Energy Statement ENG1 

RESOLVED

·    Time limit of 5 years

·    Landscaping to be submitted and agreed

·    Construction management plan to be submitted and agreed

·    Details of on and off site management plans to deal with a breach, and inundation maps, be submitted and approved

·    Precise details of bund to be submitted and approved

·    As recommended by Environmental Health

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions, a motion to defer this application for a site inspection and to enable further plans to be submitted to show the location of parking spaces and the relationship with adjoining properties was moved.  Upon being put to the vote, this was carried.

RESOLVED

(1)       That consideration of the recommendation of the Chief Planning Control Officer contained in Item 3 of Paper K147 be deferred.

(2)       That a site inspection be held on Wednesday, 1 December 2010, that the Panel of Members appointed under Minute No. 59 above be appointed to inspect the site, and that a report thereon be submitted to the next meeting of the Committee, if appropriate.  Further, that the report to include an accurate plan showing the location of parking spaces and the relationship of the proposed dwelling with adjoining properties.

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions, a motion to defer consideration of this matter was moved as there was a view that not all of the details were available which would enable Members to make a decision.  Upon being put to the vote this was carried.

RESOLVED

That consideration of this application be deferred to enable further discussion/clarification to be provided relating to:-

·    Footpath/bridleway issues

·    Location of the main access road

·    Use of renewable energy

·    Sustainability criteria

·    Height of the development

·    Parking arrangements

·    Location of open space

·    Highway issues

·    Nature conservation area management

·    Surface water drainage matters

·    Archaeology

·    Noise attenuation

·    Ponds

RESOLVED

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

·    Materials

·    Landscaping

·    Boundary treatment

·    Submission of lighting scheme

·    Travel Plan (as amended)

·    Pollution Control (as amended)

·    Energy, Water and Resource Efficiency (as amended)

·    Contamination method statement

·    Protected species mitigation

·    As recommended by LHA (if appropriate)

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: 

·    To ensure the six housing units comprised within the Development are used as Affordable Housing Units

·    Provision of Shared Public Green Space detailed on drawing 10 1269 01 dated 3^rd August 2010

(2)       That, subject to the completion of the planning obligation in Resolution (1) above being secured, the Chief Planning Control Officer be authorised to grant planning permission subject to the following conditions:

·    Materials

·    As recommended by LHA

·    Levels

·    Archaeology

·    Remove PD Rights

·    Landscaping

(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:

·    Inability to secure affordable housing in accordance with policies HS06 and HS07

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

Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions, a motion to refuse consent was moved as there was a view that the proposal would have an adverse impact on amenity of adjoining properties, impact on street scene and character of area. Upon being put to the vote this was carried.

RESOLVED

That planning permission be refused for the following reasons:-

·    HS02

·    HS28

·    CN01

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At this point the meeting adjourned for lunch at 1.10 p.m. and resumed at 1.30 p.m. when the following Members were present:-

                                                Mr R W Thake – Chairman

RESOLVED

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

·    Standard time limit

·    Limitation on livery capacity

·    Control of disposal of waste

·    Control over external lighting

·    Impact on protected species

(2)       That an advisory note be provided to the applicant in relation to the use of public footpaths and the obligations that are placed upon landowners to keep them in a good state of repair.

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61        PROPOSED NON-MATERIAL AMENDMENT – AMENDMENTS TO EXTENSION C, CHANGE OF USE OF ‘BOTTLE BLOW MOULDING’ BUILDING TO PROVIDE COLD STORAGE FACILITY (EFFECTIVELY SWITCHING THE AREAS OF USE SHOWN ON THE APPROVED PLANS); AMENDMENT TO NUMBER AND POSITION OF OPENINGS IN EASTERN ELEVATION - COPELLA FRUIT JUICES LIMITED, BRICK KILN FARM, BRICK KILN HILL, POLSTEAD

The Chief Planning Control Officer submitted a report (Paper K148) outlining a non-material amendment by Boxford (Suffolk) Fruit Farms who farm the orchards that surround the application site at Brick Kiln Farm, Brick Kiln Hill, Polstead.

RESOLVED

That the proposed non-material amendment for planning permission B/07/01590 to use of ‘bottle blow moulding’ building to provide a cold storage facility at Copella Fruit Juices Limited, Brick Kiln Farm, Brick Kiln Hill, Polstead as referred to in Paper K148 be approved.

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Note:   The meeting was adjourned between 10.55 a.m. and 11.15 a.m. for refreshments.

The business of the meeting was concluded at 2.05 p.m.

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                                                                                                                  Chairman