Agenda and minutes

Apologies for absence were received from Councillors Robert Everitt, Angela Rushen and Patsy Warby.

Any Member who is substituting for another Member should so indicate together with the name of the relevant absent Member.

The following substitutions were announced :

Councillor Sara Mildmay-White for Councillor Patsy Warby and

Councillor Andrew Smith for Councillor Angela Rushen.

To confirm the minutes of the meeting held on 3 November 2016(copy attached).

The minutes of the meeting held 3 November 2016 were confirmed as a correct record and signed by the Chairman.

RESOLVED – That :

                      (1)   subject to the full consultation procedure, including

                             notification to Parish Councils/Meetings and reference

                             to Suffolk County Council, decisions regarding

                             applications for planning permission, listed building

                             consent, conservation area consent and approval to

                             carry out works to trees covered by a preservation

                             order be made as listed below;

                      (2)   approved applications be subject to the conditions

                             outlined in the written reports (DEV/SE/17/01 to

                             DEV/SE/17/07) and any additional conditions imposed

                             by the Committee and specified in the relevant

                             decisions ; and

                      (3)   refusal reasons be based on the grounds in the

                             written reports and any reasons specified by the

                             Committee and indicated in the relevant decisions.

To include up to 1,250 dwellings (Use Class C3), local centre comprising retail floor space (A1, A2, A3, A4 and A5), a community hall (D2), land for primary school (D1) and car parking, a relief road, vehicular access and associated works including bridge over the River Lark, sustainable transport links, open space (including children’s play areas), sustainable drainage (SuDS), sports playing fields, allotments and associated ancillary works at Land South of Rougham Hill, Rougham Hill, Bury St. Edmunds  for Hopkins Homes Ltd. and Pigeon (Bury East) Ltd.

Report    DEV/SE/17/01

To include up to 1,250 dwellings (Use Class C3), local centre comprising retail floor space (A1,A2,A3,A4 and A5), a community hall (D2), land for primary school (D1) and car parking, a relief road, vehicular access and associated works including bridge over the River Lark, sustainable transport links, open space (including children’s play areas), sustainable drainage (SuDS), sports playing fields, allotments and associated ancillary works at Land south of Rougham Hill, Rougham Hill, Bury St. Edmunds/Nowton (application site also abuts the parish boundary of Rushbrooke with Rougham)

The Committee had visited the application site on 3 January 2017.

Officers in presenting the written report advised that the applicants in carrying out a flood risk assessment had received two sets of data from the Environment Agency over a passage of time which provided conflicting information about where the flood zones actually were. The original data had indicated that the area within the application site identified for the proposed primary school and playing field was in Flood Zone 1 and not liable to flooding. However, the most recent dataset, sent by the Environment Agency to the Local Education Authority, had indicated that  the school playing field  would be situated in Flood Zones 2 and 3 and potentially at risk from flooding. Officers informed the Committee that from a planning viewpoint recreational and school playing field uses were, in principle, appropriate in a flood risk area. The education authority had, however, raised a concern that this might pose increased build and management costs for the new school facility and an ongoing operational difficulty for the school during periods of inclement weather. The situation remained that the County Council could raise a formal objection to the application on these grounds and if this was the case the application would be referred back to the Committee for further consideration. However, Officers were confident that a solution would be found to obviate this potential problem.

Officers corrected an error on A 3) of the recommendation on page 70 of the report. The first recommended condition on Time limit should have afterwards:

  ‘ ( 3 years for submission of first Reserved Matters and 2 years following formal approval of first Reserved Matters for commencement of development). ’

The following persons spoke on the application :

(a)   Objectors                                -  John Corrie and Simon Harding

(b)   Rushbrooke with Rougham       -  Councillor Ian Steel, Chairman

       Parish Council

(c)   Ward Member (Rougham Ward) - Councillor Sara Mildmay-White

(d)   Applicants                               -  Clive Harridge, agent

The Committee acknowledged that the application was in respect of a site allocated for development in the Development Plan and that it had been informed by the South East Bury St. Edmunds Strategic Development Site Masterplan. Members were informed that the application was in outline form with only details of the proposed means of access to the site being included for approval at this stage. Details of all other aspects of proposed development would be for consideration at the later Approval of Reserved  ...  view the full minutes text for item 279.

Variation of Condition 10 of E/89/1085/P to allow working hours of 08.00 to 18.30 on Mondays, 06.00 to 18.30 on Tuesdays to Fridays inclusive and 06.00 to 16.00 on Saturdays; no work to take place at anytime on Bank Holidays or Sundays at The Barn, Low Green Barn, Low Green, Nowton for The Friendly Loaf – Mr Mark D Proctor.

Report     DEV/SE/17/02

Variation of Condition 10 of E/89/1085/P to allow working hours of 08.00 to 18.30 on Mondays, 06.00 to 18.30 on Tuesdays to Fridays inclusive and 06.00 to 16.00 on Saturdays; no work to take place at any time on Bank Holidays and Sundays at The Barn, Low Green Barn, Low Green, Nowton for The Friendly Loaf – Mr Mark D Proctor

The Committee had visited the application site on 3 January 2017.

The following persons spoke on the application:

(a)     Objector       -   Mr David Graham

(b)     Applicant      -   Mr David Barker, agent.

The Committee noted that the application site was an existing industrial premises situated at the Nowton Business Centre.

A Member questioned whether the increase in working hours constituted a change of use from the current B1 classification to B2. Officers responded by advising that an increase in working hours did not automatically place the  same business activity into another Use Class category. This was a matter of fact and degree with the principal judgement relating to whether the use could be carried on without harming residential amenity. The local planning authority was able to re-assess the situation but in this particular case Officers were satisfied that the proposal would remain a B1 light industrial use of the premises. A point was also raised as to whether any grant of permission could be made personal to the applicant. In the circumstances under consideration Officers advised that this would not be  justified, that Government guidelines advised that personal conditions were rarely reasonable or necessary and that they were satisfied that  the recommended conditions would adequately control the development. In response to a question about whether the extractor fan proposed would give rise to any complaints about noise Officers advised that this had not yet been installed but an assessment would be carried out to ascertain there were adequate noise attenuation and odour control measures contained within the system. Officers also advised that the present extent of retail sales taking place from the premises were so small as to be ancillary to the main use and therefore they were satisfied that a material change of use had not taken place.

Decision

Permission be granted.

Change of use of office (Class B1a) to nursery (Class D1), as amended by details received 14 October 2016 including parking layout plan, noise mitigation plan and travel plan, at Ground floor office, Low Green Barn, Low Green, Nowton for Little Larks Day Nursery Ltd. – Mrs Donna Cooper.

Report     DEV/SE/17/03

Change of use of office (Class B1a) to nursery (Class D1), as amended by details received 14 October 2016 including parking layout plan, noise mitigation plan and travel plan at Ground Floor Office, Low Green Barn, Low Green, Nowton for Little Larks Day Nursery – Mrs Donna Cooper.

The Committee had visited the application site on 3 January 2017.

This application was before the Committee because the applicant was the partner of an Elected Member of the Borough Council.

The following persons spoke on the application:

(a)    Objector        -     Mr David Graham

(b)    Applicant       -     Mrs Donna Cooper

In the absence of a plan showing the car parking and dropping off/collection point arrangements in respect of the proposal some Members expressed concern about safety issues, particularly because the frontage outside the application premises was narrow and constricted for the safe parking and manoeuvring of vehicles. Additionally this area was also used by walkers to gain access to the adjacent public footpath. Clarification was requested as to whether the proposed parking spaces were to be delineated clearly by white lining. Officers indicated that this requirement could be included within the parking management scheme. Officers advised that the number of car parking spaces (12) conformed with the County Council’s parking standards but details of the dropping off/collection point and arrangements for cycle storage were still to be agreed. The location of the proposed car parking bays might therefore change to accommodate the dropping off and collection space.  No conditions to be attached to any grant of permission had been recommended by the County Council as yet. Requirements for a car parking management scheme and a Travel Plan to be approved could be imposed by condition. In response to a question by a Member Officers advised that 10 of the proposed car parking spaces were intended for the staff the number of whom was equivalent to 9 full- time employees.

Decision

Subject to the receipt of a  comprehensive and satisfactory plan,indicating

how car parking and dropping off and collection of children is to be managed and how these areas are to be demarcated, which has been drawn up in consultation with the local highway authority, planning permission be granted.

(i)  DC/16/2492/VAR -  Variation of Condition 2 of DC/15/1753/FUL, retention of modification and change of use of former agricultural building to storage ( Class B8 ) to enable amendment to opening hours, as amended by revised wording in planning statement of 9 November 2016

at Building C ;

(ii)  DC/16/2493/VAR - Variation of Condition 2 of DC/15/1754/FUL,

retention of modification and change of use of former agricultural building

to storage ( Class B8 ) to enable amendment to opening hours, as amended by revised wording in planning statement of 9 November 2016 at Building D ; and

(iii)  DC/16/2494/VAR - Variation of Condition 2 of DC/15/1759/FUL,

retention of change of use from former agricultural storage to use for open storage ( Class B8 ) for caravans and motor homes (10 maximum),

horse boxes ( 5 maximum) and containers (20 maximum) to enable amendment to opening hours at Area H

at Lark’s Pool Farm, Mill Road, Fornham St. Genevieve for C J Volkert Ltd.

Report     DEV/SE/17/04

(i) DC/16/2492/VAR – Variation of Condition 2 of DC/15/1753/FUL, retention of modification and change of use of former agricultural building to storage (Class B8) to enable amendment to opening hours, as amended by revised wording in planning statement of 9 November 2016 at Building C;

(ii) DC/16/2493/VAR – Variation of Condition 2 of DC/15/1754/FUL, retention of modification and change of use of former agricultural building to storage (Class B8) to enable amendment to opening hours, as amended by revised wording in planning statement of 9 November 2016 at Building D; and

(iii) DC/16/2494/VAR – Variation of Condition 2 of DC/15/1579/FUL, retention of change of use from former agricultural storage to use for open storage (Class B8) for caravans and motor homes (10 maximum), horse boxes (5 maximum) and containers (20 maximum) to enable amendment to opening hours at Area H

at Lark’s Pool Farm, Mill Road, Fornham St. Genevieve for C J Volkert Ltd.

Officers corrected an error in Paragraph 6 of the report as the reference to the October Development Control Committee should have read the November Development  Control Committee.

Officers gave an oral update as follows :

(i) in respect of Application DC/16/2494/VAR (Area H) the applicants had withdrawn the proposal to seek opening on a Sunday;

(ii) in relation to  Paragraph 8 Officers advised that the statement that 

‘ there are also ongoing enforcement investigations into a number of present unauthorised uses’ had been superseded as the situation now was that Certificates of Lawfulness and applications for Discharge of Conditions had been received in respect of these;

(iii) with reference to Paragraph 11 the Ramblers’ Association had reiterated its concerns expressed in relation to the previous applications and given a full statement of objections based on safety risks to walkers and horse riders and the devaluation of a local amenity;

(iv) a petition had been received from horse riders and dog walkers who used Mill Lane expressing support for the proposals; and

(v) a further letter from a private individual had been received which stated that the removal of opening on a Sunday was an attempt to persuade the Committee to grant permission for the remaining proposals and put forward detriment of local amenity as an objection.

The following persons spoke on the applications:

(a)     Objectors                    -      Jenny Bradin, Ramblers’ Association,

                                                  and Colin Hilder

(b)     Fornham St. Martin      -      Councillor Michael Collier

         cum Genevieve Parish

         Council

(c)     Applicants                    -     Clayton Volkert (owner)  ref. 2492

                                                  Leslie Short      (agent)   ref. 2493

                                                  Janet Doman    (tenant)  ref. 2494

In response to a Member’s question Officers advised that the proposed conditions in italics contained within the recommendation were under consideration and were not yet in final form. It was also reported that St Edmund’s Way referred to by objectors was part of a wider network which Mill Lane led to.

Members after debating the applications had the same concerns regarding amenity and the impact on Rights of Way, as expressed by some of the public speakers, and  ...  view the full minutes text for item 282.

(i)  Conversion of outbuilding/garage (approved under SE/12/0053/HH) to form separate dwelling including two storey and single storey extensions; (ii)  new vehicular access to serve new dwelling; and (iii)  2 no. detached garages/outbuildings for use for new and existing dwellings at Ardrella, Freewood Street, Bradfield St. George for Mrs P A Prior

Report   DEV/SE/17/05

(i)  Conversion of outbuilding/garage (approved under SE/12/0053HH) to form separate dwelling including two storey and single storey extensions; (ii) new vehicular access to serve new dwelling; and (iii) 2 no. detached garages/outbuildings for use for new and existing dwellings at Ardrella, Freewood Street,

Bradfield St. George for Mrs P A Prior

The Committee had visited the application site on 3 January 2017.

Officers reported orally that additional comments had been received from the occupier of Seaton Cottage expressing concern about the large scale of the  proposed garage/outbuilding and the potential for this to cast shadow over his garden.

The following persons spoke on the application:

(a)   Ward Member         -     Councillor Sara Mildmay-White

(b)   Applicant                -     Dean Pearce, agent.

Councillor Sara Mildmay-White expressed objections to the proposal on the following grounds : need for the new dwelling could not be justified, the site was in an unsustainable location, the proposal was effectively a new build rather than a garage conversion, the orientation of the dwelling was at odds with nearby properties, policy objections and the proposal was detrimental to the appearance and character of the locality.

Members whilst acknowledging the objections which had been lodged were of the view that the proposal conformed with Policy DM27 of the Development Management Policies document which gave a presumption in favour of granting permission to single or small groups of dwellings in appropriate rural locations. A concern expressed about potential light pollution was accepted and it was requested that an appropriate condition be attached to the planning permission in response to this.

Decision

Permission be granted subject to a further condition :

11.   the form of any external lighting proposed to be agreed in writing with the local planning authority.

2 no. dwellings (following demolition of existing office building) at Acorn Lodge, Sandy Lane, Bury St. Edmunds for Livens Property Care – Mr Mark Livens

Report     DEV/SE/17/06

2 no. dwellings (following demolition of existing office building) at Acorn Lodge, Sandy Lane, Bury St. Edmunds for Livens Property Care – Mr Mark Livens

The Committee had visited the application site on 3 January 2017.

The following persons spoke on the application:

(a)     Objector          -    Ross Taylor

(b)     Ward Member  -    Councillor Diane Hind – statement of her views

                                     read out by Councillor David Nettleton

(c)      Applicant        -    David Barker, agent

In considering the application the Committee acknowledged the extant Prior Approval (reference DC/15/2386/P3JPA) for a single dwelling on the site granted in January 2016. Whilst it was accepted that there would be a degree of overlooking from the application site in respect of the rear garden of 1 Norfolk Road it was noted that there were similar situations existing in respect of the established properties in the locality. Members  referred to the narrowness of the access lane to the rear of the site but noted that the highway authority had not raised any objection to the proposal. Samantha Bye, Suffolk County Council Highways present at the meeting, advised that because this lane served the existing office building the proposal sought to replace there was no basis for recommending refusal. Any intensification in the use of the lane by future development would, however, be resisted by the highway authority.

Decision

Permission be granted.

50 sheltered retirement apartments with communal facilities, parking, landscaping and access (following demolition of existing building) at Place Court, Camps  Road, Haverhill for Churchill Retirement Living.

Report  DEV/SE/17/07

50 sheltered retirement apartments with communal facilities, parking, landscaping and access (following demolition of existing building) at Place Court, Camps Road, Haverhill for Churchill Retirement Living

(Councillor John Burns declared a non-pecuniary interest in this application as a Member of Suffolk County Council who were owners of the site. He remained within the meeting)

The applicants had lodged an appeal against the non-determination of the application; the time period for determination having expired on 23 August 2016. The Committee was no longer in a position to decide the application as the proposal would now be considered by an appointed Inspector. The matter had been referred to the Committee to seek its views as to what the decision might have been had it been in a position to determine the application. On paragraph 71 Officers corrected an error as in the second line ‘excepted’ should have read ‘accepted’.

The following person spoke on the application :

(a)   Objector    -   Nicola Turner, East of England Ambulance Trust.

Members in discussing the proposal referred to the situation that the application site was part of a larger area of land to be relinquished by the County Council and therefore a holistic approach to the development of the overall area of land to be available for re-development would have been appropriate. Officers advised that the adjoining area of land formerly housing the Social Services Department was the subject of a planning application by another company in the same group as Churchill Retirement Living and an appeal against non-determination had been similarly lodged in respect of this separate proposal. The objections of the Ambulance Service that if the appeal was allowed construction work in implementing  the proposal would hamper access to the ambulance station and jeopardise response times was noted and it was agreed that this serious concern should be passed onto the Inspector. Concern was also expressed by the Committee that the proposal did not allow for affordable housing to be provided in the town.

Decision

That (1) had the Committee been in a position to determine the application it would have been refused on the basis of the reasons set out briefly in  paragraphs 69 to 71 of Report DEV/SE/17/07 but these be strengthened in the Appeal Statement with the final form of this being agreed by the Head of Planning and Growth with the Chairman and Vice-Chairmen; and

(2) the Head of Planning and Growth be authorised to conduct the Council’s case at the appeal as listed in paragraph 74 of Report DEV/SE/17/08.

Report   DEV/SE/17/08

The Committee considered Report DEV/SE/17/08 (previously circulated) which sought confirmation of the above-numbered tree preservation order. A copy of the map relating to the order and the order itself were appended to the report. The Committee was shown photographic evidence that the infection of Ganoderma was an outgrowth on a stump of a Cherry tree immediately adjacent to the Beech tree the subject of the order.

RESOLVED – That Tree Preservation Order 11 2016, Land at Stockacre

                    House, Thetford Road, Ixworth be confirmed without

                    modification.