Minutes - 8 April 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, 8 APRIL 2009 

  PRESENT:     Mr R W Thake – Chairman

90 - Declaration of Interests
91 - Minutes
92 - Petitions
93 - Questions from Members
94 - Site Inspections
95 - Planning Applications for Determination by the Committee
96 - Proposed Removal of Four Leyandii Trees Situated within Sudbury Conservation Area at 21 Melford Road, Sudbury
97 - Affordable Housing Supplementary Planning Document

90        DECLARATION OF INTERESTS

Mr C W Arthey declared a personal interest in Application No. B/09/00192 (Paper H223 – Item 3) because one of the tenants of the units was known to him. He indicated he would leave the room whilst the matter was under consideration.

Mr L S Johnson declared a prejudicial interest in respect of Application No. B/09/00191 (Paper H223 – Item 6) as he was the applicant and indicated that he would not be present during consideration of this item.

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91        MINUTES

RESOLVED

That the Minutes of the meeting held on 11 March 2009 be confirmed and signed as a correct record.

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92        PETITIONS

None received.

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93        QUESTIONS FROM MEMBERS

None received.

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94        SITE INSPECTIONS

RESOLVED

(1)       That site inspections be held on Wednesday, 15 April 2009 in respect of the under-mentioned sites, prior to consideration of the applications by the Committee:-

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

Note : Further to the decision taken by the Committee to carry out site inspections in respect of Application Nos. B/07/00690, B/07/00691/LBC and B/09/00095 it was subsequently agreed that site inspections in respect of these applications be held at a later date (to be determined) as the applications have been made invalid until such time as required information/details are submitted. 

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95        PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE

Members had before them an Addendum to Paper H223 (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.5 and 6 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/08/01674                                           Ms Challis (Agent for the Applicant)

B/09/00168                                            Mr Levett (Objector)

B/09/00267                                            Mr G Swain (Agent for the Applicant)

B/09/00191                                            Ms Matthews (Objector)

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 H203 be made as follows:- 

RESOLVED

That it be noted that this application has been withdrawn by the applicant.

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Mr R Whiting, Ward member for Hadleigh (North) requested a site inspection to enable Members to assess the impact of the development on the Railway Walk and surrounding area, impact on wildlife and traffic generation.

RESOLVED

(1)       That consideration of the recommendation of the Chief Planning Control Officer contained in (b) above be deferred.

(2)       That a site inspection be held on Wednesday, 15 April 2009, that the Panel of Members appointed under Minute No. 94 above inspect the site and that a report thereon be submitted to the next meeting of the Committee, if appropriate.

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Notwithstanding the recommendation of the Chief Planning Control Officer to grant planning permission subject to the securing of a planning obligation and to various conditions it was proposed and seconded that planning permission be refused as the application did not comply with policy HS28.  Upon being put to the vote this motion 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: 

·         Financial contribution towards Public Open Space.

(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:

·         Materials

·         Landscaping (Hard and soft)

·         Removal of Permitted Development Rights for extensions and outbuildings

·         As required by LHA.

(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:

·        Failure to provide financial contribution towards Public Open Space.

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RESOLVED

(1)        That, subject to there being no further representations from the Environment Agency on being notified that the District Council is minded to approve the application, 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:

·        Public Open Space contribution (commuted payment).

(2)       That, in the event that further representations are received from the Environment Agency, the application be referred to the Secretary of State to check compliance with PPS25.

(3)        That, subject to no further representations from the Environment Agency and 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 and listed building consent subject to the following conditions:

·          Standard Time Limit

·         Joinery details and colour finishes

·        Surface finish and insulation details

·        Detail of new staircases

·        Recommendations from Protected Species and Bat Survey Reports (PP only)

·       Standard highway conditions (PP only)

·      Contaminated Land (PP only)

·      Archaeology (PP only)

·      Development to be in accordance with submitted FRA (PP only)

·      Landscaping Scheme (PP only)

·      Removal of PD rights and management plan for water meadow (PP only).

(4)     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 for Public Open Space.

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The recommendation of the Chief Planning Control Officer to grant planning permission subject to conditions was proposed and seconded.  During the course of discussion of the item it became apparent that the application was not valid as a plan showing the elevation from the east had not been submitted.  This proposal was subsequently withdrawn.

A motion to defer consideration for a site inspection was subsequently proposed and seconded to enable Members to assess the impact of the development on the street scene and the impact on neighbours amenity.  Upon being put to the vote this was approved.

RESOLVED

(1)       That consideration of the recommendation of the Chief Planning Control Officer contained in (e) above be deferred.

(2)       That a site inspection be held on Wednesday, 15 April 2009, that the Panel of Members appointed under Minute No. 94 above inspect the site and that a report thereon be submitted to the next meeting of the Committee, if appropriate. 

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RESOLVED

That the hours of use condition attached to planning permission B/00/01470 be varied to allow the use of the premises between 0730 – 1900 hrs Monday to Friday, and 0800 – 1400 hrs on Saturdays (no working Sundays or Bank Holidays) in respect of Units 1 – 10 Stone Street Court, Stone Street, Hadleigh.

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96        PROPOSED REMOVAL OF FOUR LEYLANDII TREES SITUATED WITHIN SUDBURY CONSERVATION AREA AT 21 MELFORD ROAD, SUDBURY

The Chief Planning Control Officer reported that this matter is being referred to Committee as the resident who proposes removal of the trees is an employee of Babergh District Council.  The Monitoring Officer has considered the file and is satisfied that the matter has been assessed properly and normally.

RESOLVED

That a Tree Preservation Order not be made in respect of the trees situated within Sudbury Conservation Area at 21 Melford Road, Sudbury as identified on the plan submitted as Paper H224.

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97        AFFORDABLE HOUSING SUPPLEMENTARY PLANNING DOCUMENT

The Head of Natural and Built Environment submitted a report (Paper H225) outlining the contents of the proposed Affordable Housing Supplementary Planning Document, highlighting consultation responses received and responses to the consultations.

It was noted that the Strategy Committee, at its recent meeting had, subject to minor amendments, approved the document subject to any comments received from the Development Committee.

During consideration of the matter it was agreed that officers would investigate the provision of general needs housing to people with a local connection.

RESOLVED

That the Affordable Housing Supplementary Planning Document (Appendix 1 to Paper H225) be approved subject to:-

(a)      The inclusion in the glossary of a reference to local need and the common housing register.

(b)       A paragraph referring to policies HS06 and HS07.

(c)       Amend references to Wards in Appendix B to Parishes.

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Note:

The meeting was adjourned between 10.45 a.m. and 11.10 a.m. for refreshments.

The business of the meeting was concluded at 12.10 p.m.

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                             Chairman