Agenda and minutes

Apologies for absence were received from Councillors Bill Bishop, Rona Burt, Roger Dicker, David Gathercole and Tony Wheble.

Councillor Bill Sadler attended the meeting as substitute for Councillor Bill Bishop.

To confirm the minutes of the meeting held on 1 April 2015 (copy attached).

The minutes of the meeting held on 1 April 2015 were unanimously accepted by the Committee as an accurate record and were signed by the Chairman subject to it being noted that Councillor Eddie Stewart had been incorrectly listed twice as being present and Councillor Bill Sadler’s surname had been misspelt.

Report No: DEV/FH/15/015

Reserved Matters Application DC/14/0942/RM – Submission of details under Outline Planning Permission F/2012/0552/OUT

Planning Application DC/15/0264/FUL – Change of use from agricultural to recreational use and associated landscaping

Councillor Simon Cole declared a non-pecuniary interest in this item as he lived on Burwell Road.  He would remain in the meeting to speak upon the item but would abstain from the voting thereon.

Prior to the consideration of this agenda item the Lawyer informed the Committee that the Council had received confirmation from the Secretary of State that they had received a request to call in this application. 

Therefore, should Members be minded to approve the application the Secretary of State intended to issue an Article 31 holding direction.  This meant that the Secretary of State would consider the application against the Written Ministerial Statement on call-in and would assess whether they considered it necessary to call-in the application for determination.

The Lawyer clarified that should the Secretary of State call in the application they would not be looking at the principle of development as this was previously approved by the Committee as Outline Planning Application F/2012/0552/OUT.  The call-in would purely concern the Reserved Matters Application DC/14/0942/RM that was before Members for determination at this meeting.

Reserved Matters Application DC/14/0942/RM – Submission of details under Outline Planning Permission F/2012/0552/OUT and Planning Application DC/15/0264/FUL – Change of use from agricultural to recreational use and associated landscaping.

These applications were referred to the Development Control Committee due to the controversial nature of the previously approved Outline Planning Application F/2012/0552/OUT.

Officers were recommending that both applications be approved as set out in Paragraphs 69 and 70 of Report No DEV/FH/15/015.

The Principal Planning Officer – Major Projects advised that since the publication of the agenda he had received the following comments:

·         Suffolk County Council (as Lead Local Flood Authority for Suffolk) – no objections;

·         Ecology and Landscape Officer – no objections; and

·         Exning Parish Council (in response to the second set of amended plans)  - continued to raise a number of objections including:

                     i.        Concern at the single pedestrian access which could result in ‘forced footways’ emerging across the site;

                    ii.        A request to extend the cycle link to National Cycle Route 51;

                   iii.        A request to extend the green-screening throughout the development (and not just for the houses to the West of the entrance); and

                  iv.        Disappointment at the lack of provision of a mini-roundabout at the development junction with Burwell Road.

Councillor Simon Cole then commenced discussion in his capacity as Ward Member for the applications.  He raised a number of questions/comments which were responded to by the Case Officer:

·         He firstly inquired as to the intended ownership of the green-screening/belt that was to be put in place for the existing Burwell Road residents that were to the West of the development’s entrance, the Planning Officer explained that the applicant was undertaking discussion directly with the homeowners in question.

·         He made reference to the burial remains that were found as part of the archaeological investigations undertaken by the applicant and the desire by Exning residents for the remains to be returned to their resting place in the village.  The Planning  ...  view the full minutes text for item 43.

Report No: DEV/FH/15/016

Conversion of barns to 2 no. residential units and change of use of agricultural land to garden

Conversion of barns to 2 no. residential units and change of use of agricultural land to garden.

This application was referred to the Development Control Committee following consideration by the Delegation Panel and because the Parish Council and Ward Member were in support of the proposal, contrary to Officers’ recommendation of refusal as set out in Paragraph 27 of Report No DEV/FH/15/016.

The Senior Planning Officer read out a statement on behalf of the applicant’s agent.  The agent welcomed the comments of support made by the Parish Council and Ward Member and explained that the applicant had worked closely with the Local Planning Authority to alleviate a number of concerns with the application.  The agent also drew attention to the fact that Policy DM28 had not been adopted by the Council when the application was submitted in January 2015.

Councillor Andy Drummond spoke in support of the application and proposed that it be approved, contrary to the Officer recommendation.  This was duly seconded by Councillor Tim Huggan.

The Service Manager (Planning – Development) explained that applications had to be determined on the basis of the policies that were in place at the time, not at the time of the application’s submission.  The fact that Policy DM28 had not been adopted in January 2015 was not a valid reason to grant the application.

Councillor Carol Lynch spoke in support of the Council’s policies and proposed that the application be refused in line with the Officers’ recommendation.  Councillor David Bowman echoed these comments and seconded the motion.

The Chairman put the first motion on the table, for approval, to the vote and with 2 voting for the motion and 10 against he declared the motion lost.

The motion for refusal was then put to the vote and with 10 voting for the motion and with 2 against it was resolved that:

Planning permission be REFUSED for the following reason:

Policy DM28 of the Joint Development Management Policies Document states that proposals for the conversion of redundant or disused barns in the countryside into dwellings will be permitted where alternative uses have been fully explored and discounted.  The proposal fails to comply with Policy DM28 by virtue of the lack of consideration of alternative uses which fails to demonstrate that the site could not support the economic growth in the rural area in order to create jobs and prosperity in accordance with Paragraph 28 of the National Planning Policy Framework.

Councillor Tim Huggan left the meeting at 7.03pm following conclusion of the above item.

Report No: DEV/FH/15/017

Proposed 10no. B1 business units, together with roof mounted photovoltaic installations and associated works

Proposed 10 no. B1 business units, together with roof mounted photovoltaic installations and associated works.

This application was referred to the Development Control Committee due to the applicant being Forest Heath District Council.  No objections had been received and Officers were recommending that the application be approved as set out in Paragraph 31 of Report No DEV/FH/15/017.

The Senior Planning Officer explained that since publication of the agenda the Highways Authority had responded and proposed two additional conditions which would be incorporated into the recommendation (as Nos. 9 and 10).

It was proposed by Councillor David Bowman, seconded by Councillor Michael Anderson and with the vote being unanimous, it was resolved that:

Planning permission be GRANTED subject to the following conditions:

1.   Time limit (development to commence within 3 years);

2.   Hours of operation to be limited to 08:00-18:00 Monday-Saturday, 09:00-17:00 Sundays and Bank Holidays;

3.   Construction waste shall not be burnt on site;

4.   Hours of construction. Demolition and site preparation shall be limited to 08:00-18:00 Monday-Friday, 08:00-13:30 Saturdays, and at no time Sundays or Bank Holidays;

5.   Tree protection measure to be in place prior to work commencing on site;

6.   Highway conditions to be reported verbally;

7.   To be in accordance with approved plans;

8.   If contamination is found then a scheme of remediation should be submitted and approved by the Local Planning Authority prior to further development;

9.   Bin storage to be provided prior to occupation; and

10.                Parking and bike storage to be provided prior to occupation and retained.

Prior to the conclusion of the meeting, as this was the last Development Control Committee of the current administration the Chairman formally thanked all Members and Officers for their help and input whilst he had been Chairman of the Committee.