Agenda and minutes

There were no apologies for absence.

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

There were no substitutes present at the meeting.

To confirm the minutes of the meeting held on 3 January 2019 (copy attached).

The minutes of the meeting held on 3 January 2019 were unanimously received as a correct record and were signed by the Chairman. 

Report No: DEV/SE/19/011

Planning Application - 87no. dwellings with associated infrastructure

Planning Application - 87no. dwellings with associated infrastructure

This application had been referred to the Development Control Committee meeting in January as Haverhill Town Council objected to the scheme.

The Committee was advised that the application site had been previously identified and reserved for the construction of a Middle School.  However, following Suffolk’s Schools Reorganisation Review the site was no longer required for this purpose and it was not identified for any alternative suitable community uses.  The greenfield site was therefore put forward as a small scale allocation in Policy HV5 of the Haverhill Vision 2031.

A Member site visit was held prior to the January meeting; at which Officers recommended that the application be approved subject to the completion of a S106 Agreement and conditions.

At the January meeting of the Development Control Committee Members resolved to delegate the granting of planning permission to the Assistant Director (Planning & Regulatory Services), subject to the removal of the Howe Road pedestrian/cycle link and the inclusion of alternative provision, in consultation with the Chairman, Vice Chairmen and Ward Members for Haverhill North and Haverhill East.

Since the last meeting of the Committee further amendments had been made to the scheme which removed the Howe Road pedestrian/cycle link.  However, for the reasons set out in the Senior Planning Officer’s presentation and in Report No DEV/SE/19/011, a further (alternative) footpath in the Southern Eastern corner of the site had not been included and this was supported and considered acceptable by Officers.

Accordingly, Officers were recommending that the (revised) scheme be approved subject to the completion of a Section 106 Agreement and conditions, as set out in Paragraph 13.0 of Report No DEV/SE/19/011.

Attention was drawn to the supplementary ‘late papers’ which had been issued following the despatch of the agenda.  As one of the late representations contained therein made reference to the affordable dwellings within the scheme, the Senior Planning Officer provided further explanation on this matter.

Speaker:      Jordan Last (applicant) spoke in support of the application

Councillor John Burns spoke in support of the removal of the Howe Road pedestrian/cycle link and moved that the application be approved, as per the Officer recommendation.  This was duly seconded by Councillor David Roach.

Councillor Julia Wakelam also spoke in support of the amended scheme and applauded the developer for working so closely with the Town Council and residents on the application.

Upon being put to the vote, and with the vote being unanimous it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1.   The development hereby permitted shall be begun not later than 3 years from the date of this permission.

2.   The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

3.   Before the development is commenced, details of the estate roads and footpaths, (including layout, visibility, levels, gradients, surfacing, lighting and means of surface water drainage), shall be submitted to and approved in writing by  ...  view the full minutes text for item 87.

Report No: DEV/SE/19/012

Planning Application - Planning Application - 37 no. dwellings and associated works including parking, vehicular accesses and landscaping

Planning Application - Planning Application - 37 no. dwellings and associated works including parking, vehicular accesses and landscaping

This application had been referred to the Development Control Committee because the applicant Barley Homes (Group) Ltd was owned by St Edmundsbury Borough Council and Forest Heath District Council.

A Member site visit was held prior to the meeting.  Officers were recommending that the application be approved subject to the completion of a Section 106 Agreement and conditions, as set out in Paragraph 75 of Report No DEV/SE/19/012, subject to some minor amendments to certain conditions following discussion with the applicant.

Attention was drawn to the supplementary ‘late papers’ which had been issued following the despatch of the agenda.  The Committee was informed that since the production of the late papers Suffolk County Council had advised that there was a predicted surplus of pre-school places in the site’s catchment, therefore, they would no longer be requesting the S106 contribution towards this element.

Speakers:    Councillor John Burns (Ward Member: Haverhill East) spoke on the application

                   Nicole Perryman (agent) spoke in support of the application

During the debate a number of Members of the Committee made reference to the housing mix proposed, which had similarly been commented on by Haverhill Town Council in their representation. 

In response the Senior Planning Officer advised that the proposed mix had been agreed by the Council’s Strategic Housing Team who make their judgement based on evidence of housing need in the area.

Comments were also made on the adoption of the road layout and the Case Officer confirmed that discussions were still ongoing with the Highways Authority.

Councillor Peter Stevens raised questions with regard to the colour palate for the scheme which the Service Manager (Planning – Development) responded to.

Councillor John Burns proposed that the application be approved, as per the Officer recommendation (inclusive of the minor amendments to conditions and removal of the S106 pre-school contribution) and this was duly seconded by Councillor David Roach.

Upon being put to the vote, and with the vote being unanimous it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1.       The development hereby permitted shall be begun not later than 3 years from the date of this permission.

2.       The development hereby permitted shall not be carried out except in complete accordance with the details shown on the following approved plans and documents:

3.       The development hereby permitted shall be constructed entirely of the materials detailed within the application hereby approved.

4.       No individual dwelling hereby approved shall be occupied until the optional requirement for water consumption (110 litres use per person per day) in Part G of the Building Regulations has been complied with for that dwelling.

5.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re-enacting that Order) the garage shall be used solely for the garaging of private motor vehicles and for ancillary domestic storage incidental to the  ...  view the full minutes text for item 88.

Report No: DEV/SE/19/013

Planning Application - 5no. dwellings with 5no. garages and new vehicular access (following demolition of existing industrial buildings)

Planning Application - 5no. dwellings with 5no. garages and new vehicular access (following demolition of existing industrial buildings)

This application was referred to the Development Control Committee in October 2018 following consideration by the Delegation Panel, the item had been referred to the Panel at the request of the Ward Member Councillor Mary Evans (Hundon).

A Member site visit was held prior to the October meeting; at which Officers recommended that the application be refused.

At the October Committee Members resolved to defer consideration of the application in order to allow time in which for Officers to explore the potential retention of the site for employment use with the applicant, by way of a marketing exercise as required by Policy DM30 of the Joint Development Management Policies 2015.

Since the October meeting the applicants had submitted a report produced by Birchall Steel which provided the likely commercial demand for the existing land, together with an assessment as to the viability of a commercial redevelopment of the site.

The Senior Planning Officer explained that the site had not been marketed and that the report was not a marketing assessment and was instead simply a report which looked at the location, quality and repairs required for the site to be considered for a viable commercial use. 

The Birchall Steel report concluded that redevelopment of the site for B1 (business) use was unviable, however, this conclusion had not been reached with the site first having been offered to the market as was otherwise required by Policy DM30.

Accordingly, Officers were continuing to recommend that the application be refused for the reasons set out in Paragraph 11.1 of Report No DEV/SE/19/013.

Speakers:    Councillor Mary Evans (Ward Member: Hundon) spoke in support of the application

                   Ben Elvin (on behalf of the applicant/agent) spoke in support of the application

Considerable debate then ensued with Members of the Committee expressing both support and objection to the application.

Comments were made with regard to Brockley Green being a separate small settlement outside the village boundary of Hundon which already contained properties similar to those proposed in the scheme.

Other Members raised caution with going against policy without evidence having been submitted by the applicant to support doing so.

Councillor Peter Stevens spoke in support of the proposal which he considered to be both sustainable and an enhancement to the setting.  He moved that the application be approved, contrary to the Officer recommendation of refusal, and this was duly seconded by Councillor David Nettleton.

The Service Manager (Planning – Development) advised that if Members were minded to approve the application, contrary to the Officer recommendation, then the decision making protocol would be invoked and a risk assessment would be produced for consideration by the Committee at a future meeting.

Upon being put to the vote and with 6 voting for the motion, 8 against and with 1 abstention the Chairman declared the motion for ‘minded to approve’ lost.

Councillor Terry Clements then moved that the application  ...  view the full minutes text for item 89.

Report No: DEV/SE/19/014

Water Pumping Station Corner of A143, Haverhill Road, Little Wratting

Planning Application - New water treatment works

This application had been referred to the Development Control Committee as it related to a major planning application.

The Committee was advised that the site was located in the Parish of Little Wratting, however, given its proximity to Kedington, Kedington Parish Council had been consulted and had raised objections to the scheme.

Members were also informed that prior to the submission of the application the applicant had requested a Screening Opinion from the Local Planning Authority.  The LPA subsequently determined that the proposal did not constitute environmental impact assessment development for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

A Member site visit was held prior to the meeting.  Officers were recommending that the application be approved, subject to conditions as set out in Paragraph 98 of Report No DEV/SE/19/014.

The Principal Planning Officer advised the Committee of a correction to the report in respect of Paragraph 16 which should have read “…less than 1ha…” not 41ha.

Speakers:    Councillor Nathan Loader (Kedington Parish Council) spoke against the application

                   Tim Smith (Anglian Water – applicant) spoke in support of the application

A number of comments/questions were raised by Members during the debate, principally in relation to; highways concerns, landscaping and the use of the back-up generator.

In response the Case Officer explained:

Highways – a construction plan had already been submitted by the applicant and agreed by the Highways Authority.  Once constructed, vehicle movements to/from the site would be low; with space having been designated on the site to enable HGV vehicles to turn around away from the highway;

Landscaping – the proposed landscaping scheme had been agreed with the Council’s Landscape Officer and there was limited scope for further planting, but the proposed landscaping condition could be amended to require the applicant to increase the number of trees planted on the site; and

Back-up Generator – Public Health and Housing had not raised concerns with regard to the back-up generator as it was only intended for short-term use in the event of a power failure to the site, therefore unlikely to have very little impact on residential amenity.

Councillor Robert Everitt moved that the application be approved, as per the Officer recommendation and subject to the amendment to the soft landscaping condition, and this was duly seconded by Councillor Terry Clements.

Upon being put to the vote and with 12 voting for the motion and with 3 against, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1        The development hereby permitted shall be begun not later than 3 years from the date of this permission.

2        The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

3        The new vehicular access shall be laid out and completed in all respects in accordance with Drawing No. WAT-06742-KEHRWW-SS-PLG-0007 and made available for use prior to the water  ...  view the full minutes text for item 90.

Report No: DEV/SE/19/015

Planning Application - (i) Ground floor retail unit; (ii) 4 no. flats on first and second floor (following demolition of existing building). As amended by plans and documents received on 14 August 2018 removing garden areas

Planning Application - (i) Ground floor retail unit; (ii) 4 no. flats on first and second floor (following demolition of existing building). As amended by plans and documents received on 14 August 2018 removing garden areas

This application had been referred to the Development Control Committee in January following call-in by Councillor Jo Rayner (Ward Member: Abbeygate). 

The Chairman of the Development Control Committee had also expressed a view that the application should be presented directly to the Development Control Committee rather than the Delegation Panel and this was agreed by the Assistant Director (Planning and Regulatory Services).

A Member site visit was held prior to the January Committee; at which Officers recommended that the application be approved.

At the January meeting Members resolved to defer consideration of the application in order allow additional time in which for the applicant to consider the requests put forward by the neighbouring One Bull Public House, these being:

1. The construction of a permanent structure to form the bin store;
2. The inclusion of a screen to prevent overlooking into the One Bull’s private residence’s garden and access to the proposed flat roof adjacent; and
3. Amendments to the internal layout of Flat 3 including obscured glazed windows closest to the One Bull.

Since the last meeting of the Committee amendments had been made to the scheme to address the requests put forward by the One Bull. 

Consultation on the revised plans had been undertaken which resulted in both the One Bull and Bury St Edmunds Town Council citing no objection.

Accordingly, Officers were continuing to recommend that the (revised) scheme be approved subject to conditions, as set out in Paragraph 14 of Report No DEV/SE/19/015 and subject to an amendment to condition 9 as outlined in the supplementary ‘late papers’ issued in respect of this item.

Speakers:    Julian Thake (Cycle King – applicant) spoke in support of the application

                   Stuart Cudmore (agent) spoke in support of the application

Councillor David Nettleton congratulated the applicant/agent on working with the Planning Authority and making the changes to the scheme as requested by the One Bull. 

He moved that the application be approved, as per the Officer recommendation and inclusive of the amendment to condition 9, and this was duly seconded by Councillor Robert Everitt.

Upon being put to the vote and with the vote being unanimous, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1)   The development hereby permitted shall be begun not later than 3 years from the date of this permission.

2)   The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

3)   No development shall take place within site until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority.

The scheme of investigation shall include an assessment of  ...  view the full minutes text for item 91.

Report No: DEV/SE/19/016

TPO333(2002) - Tree Preservation Order - Fell - 15no Sycamores in 5no clusters  (T1 on plan and within Area A1 of Order)

TPO333(2002) - Tree Preservation Order - Fell - 15no Sycamores in 5no clusters  (T1 on plan and within Area A1 of Order)

This application was referred to the Development Control Committee following consideration by the Delegation Panel; having been referred to the Panel as the Officer recommendation of refusal was contrary to the view of Hawstead Parish Council who supported the application.

The Planning Assistant explained that the applicant had given the reason for the trees’ removal as fear/worry that they might break or fall, but no evidence had been submitted to support this.

The Council’s Arboricultural Officer had visited the site and reported that the trees appeared to be in good condition and noted their amenity value; as such they objected to the application.

Speaker:      Councillor Mike Chester (Ward Member: Chedburgh) spoke on the application

In response to a question from Councillor John Burns, the Service Manager (Planning – Development) confirmed that an approval letter had been issued in error in respect of this application.  However, this had subsequently been withdrawn with all relevant parties having been made aware that the decision on the application would be made by the Development Control Committee as per the agenda item currently under consideration.

Some Members of the Committee commented on the need for the trees in question to undergo some form of tree management.

Councillor Mike Chester proposed that the application be approved, contrary to the Officer recommendation of refusal, however this failed to achieve a seconder.

Councillor David Nettleton stressed that no evidence had been submitted to support the application and he therefore proposed that it be refused, as per the Officer recommendation.  This was duly seconded by Councillor Ian Houlder.

Upon being put to the vote and with 12 voting for the motion, 2 against and with 1 abstention it was resolved that

Decision

Tree Preservation Order consent be REFUSED for the following reason:

1. The group of Sycamore trees contribute to the rural and wooded character of the local area and appear in reasonable condition, for what would be classed woodland specimens, and the removal of the trees would have an adverse impact on the amenity of the surrounding and woodland area. The reasons stated for the works are a fear of the failure of the trees, however, no evidence has been submitted to support this claim and therefore, in the circumstances, it is not considered a justified fear and would certainly not outweigh the adverse visual impact that the removal of the trees would otherwise have upon the amenity of the area.

Report No: DEV/SE/19/017

Planning Application - (i) Construction of 7 pen cattery and (ii) conversion of existing cart lodge/garage to provide a reception area with additional 2 cat pens

Planning Application - (i) Construction of 7 pen cattery and (ii) conversion of existing cart lodge/garage to provide a reception area with additional 2 cat pens

This application had been referred to the Development Control Committee because the applicant was related to a member of staff employed by St Edmundsbury Borough Council.

Officers were recommending that the application be approved, subject to conditions as set out in Paragraph 27 of Report No DEV/SE/19/017.

Councillor Mike Chester (Ward Member: Chedburgh) spoke in support of the application and stated that he did not consider that the operation of a cattery from the premises would cause the highway/parking problems that had been raised by the Parish Council and two neighbours in their representations.

Accordingly, he proposed that the application be approved as per the Officer recommendation and this was duly seconded by Councillor David Nettleton.

Upon being put to the vote and with the vote being unanimous, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1        The development hereby permitted shall be begun not later than 3 years from the date of this permission.

2        The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

3        No development above ground level shall take place until a scheme of soft landscaping for the site drawn to a scale of not less than 1:200, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include accurate indications of the position, species, girth, canopy spread and height of all existing trees and hedgerows on and adjacent to the site and details of any to be retained, together with measures for their protection during the course of development. Any retained trees removed, dying or becoming seriously damaged or diseased within five years of commencement shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.  The works shall be completed in accordance with the approved plans and in accordance with a timetable to be agreed with the Local Planning Authority.

4        All cats shall be shut in the sleeping areas outlined on the proposed floor plans between the hours of 2000-0800.

5        No external lighting shall be provided on the application site unless details thereof have first been submitted to and approved in writing by the Local Planning Authority.

6        No part of the development hereby permitted shall be used for the boarding of cats until full details of a scheme for the storage and disposal of all animal waste, including soiled bedding, arising from the development hereby permitted shall have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved details prior to the development first being brought into use. Thereafter, all waste materials shall continue to be  ...  view the full minutes text for item 93.

Report No: DEV/SE/19/018

Planning Application - Single storey side extension to provide new reception area and 2 no. additional lettable rooms. (ii) convert 2 no. existing units into 2 no. conference rooms (iii) rearrange the internal circulation to provide level access and (iv) rearrange existing car parking and provide new footpaths

(Councillor Peter Stevens asked the Solicitor if he needed to declare an interest in this item in light of him being the Borough Council’s Cabinet Member for Operations but was advised that it was not necessary.)

Planning Application - Single storey side extension to provide new reception area and 2 no. additional lettable rooms. (ii) convert 2 no. existing units into 2 no. conference rooms (iii) rearrange the internal circulation to provide level access and (iv) rearrange existing car parking and provide new footpaths

This application had been referred to the Development Control Committee as the applicant was St Edmundsbury Borough Council.

Haverhill Town Council had not objected to the scheme and Officers were recommending that it be approved, subject to conditions as set out in Paragraph 19 of Report No DEV/SE/19/018 and subject to an amendment to condition 6 as outlined in the supplementary ‘late papers’ issued in respect of this item.

The Trainee Planning Officer advised the Committee that the late papers also made reference to amended plans which were received on 30 January 2019 in order to address the concerns raised by the Tree Officer.  The Tree Officer had confirmed that the amended plan was considered acceptable and they were now content with the scheme proposed.

In response to comments made by local Members the Case Officer explained that the Suffolk Guidance for Parking stated that the facility would require 37 car parking spaces and the application included in excess of this at 42 spaces, plus cycle storage.

Councillor John Burns proposed that the application be approved, as per the Officer recommendation (and inclusive of the amendment to condition 6).  This was duly seconded by Councillor Paula Fox.

Upon being put to the vote and with the vote being unanimous, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1. Time limit - The development hereby permitted shall be begun not later than 3 years from the date of this permission.
2. Compliance with plans - The development hereby permitted shall not be carried out except in complete accordance with the details shown on the following approved plans and documents:
3. Materials as detailed - The development hereby permitted shall be constructed entirely of the materials detailed on the submitted plan – application form
4. Parking/manoeuvring to be provided - Prior to first use of the development hereby permitted,the area(s) within the site shown on drawing No. 10894 11for the purpose of loading, unloading, manoeuvring and parking of vehicles has been provided.  Thereafter the area(s) shall be retained and used for no other purpose.
5. Submission of arboricultural method statement - Prior to commencement of development an Arboricultural Method Statement (including any demolition, groundworks and site clearance) shall be submitted to and approved in writing by the Local Planning Authority. The Statement should include details of the following:

i)             Measures for the protection of those trees and hedges on the application site that are to be retained,

ii)            Details of all construction measures within the  ...  view the full minutes text for item 94.