Agenda and minutes

Apologies for absence were received from Councillor Ivor Mclatchy.

The Democratic Services Officer also explained that since publication of the agenda Councillor Jason Crooks had lost his seat on the Committee as a result of the UKIP Group ceasing to exist on the Borough Council, in light of recent resignations from said Group.  This seat was, therefore, now a ‘vacancy’ and appointment to the Committee would be addressed at the meeting of full Council on 20 February 2018.

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.

The Service Manager (Planning – Development) introduced Members to the two Legal Officers in attendance who were imminently due to qualify in their profession; following which they would be providing legal support to future meetings of the Development Control Committee.  She also introduced Matthew Harmsworth; a Planning Officer who had recently joined the team.

To confirm the minutes of the meeting held on 7 December 2017 (copy attached).

The minutes of the meeting held on 7 December 2017 were unanimously received by the Committee as a correct record and were signed by the Chairman.

Report No: DEV/SE/18/002

DC/17/1763/FUL - Planning Application - Construction and part retention of a single storey outbuilding to provide garaging and storage associated with the residential occupation of the site

DC/17/2606/VAR - Planning Application - Variation of Condition 9 of DC/15/0426/FUL (Planning Application - Change of use of land from agriculture to domestic use) to read "The change of use hereby approved shall not be implemented unless and until the development approved under DC/15/0029/PMBPA2 has been implemented and the dwelling (shown as 'proposed house number one' on drawing 3A dated February 2015) occupied"

(Councillor David Nettleton declared a non-pecuniary interest in this item, in that one of the objectors, who was representing family members that were neighbours to the applications’ site, was his next door neighbour.)

DC/17/1763/FUL - Planning Application - Construction and part retention of a single storey outbuilding to provide garaging and storage associated with the residential occupation of the site

DC/17/2606/VAR - Planning Application - Variation of Condition 9 of DC/15/0426/FUL (Planning Application - Change of use of land from agriculture to domestic use) to read "The change of use hereby approved shall not be implemented unless and until the development approved under DC/15/0029/PMBPA2 has been implemented and the dwelling (shown as 'proposed house number one' on drawing 3A dated February 2015) occupied"

Planning Application DC/17/1763/FUL had been referred to the Development Control Committee following consideration by the Delegation Panel.  The application had been referred to the Delegation Panel at the request of Ward Member (Chedburgh) Councillor Mike Chester.

Accordingly, related Planning Application DC/17/2606/VAR was also presented to the Committee for determination as it concerned the same site.

The Parish Council had no objection to either application, letters of representation had been received from a number of third parties; some in support of the applications and others objecting to both.

A Member site visit was held prior to the meeting.  Officers were recommending that both applications be approved subject to conditions, as set out in Paragraph 64 of Report No DEV/SE/18/002.

The Principal Planning Officer drew attention to the supplementary papers that had been circulated in connection with the applications, following publication of the agenda.

The Officer also advised that since agenda publication one further letter of representation had been received citing support, in general terms, for both applications.  Furthermore, Officers were aware that Members had been contacted directly by an objector and he reminded the Committee to consider the applications before them on their own merits, irrespective of previous enforcement action on the site, which had no bearing on the determination of the schemes.

It was also highlighted to Members that previously approved Planning Application DC/17/2606/VAR was not be revisited in terms of the issue of principle, which was already established.  The matter seeking determination was purely permission to vary the wording of a condition in connection with a previous approval. 

Speakers:    Mr Bill Hill (on behalf of family members who were neighbours to the applications’ site) spoke against the application

                   Mr Brian Morron (agent) spoke in support of the application

Councillor Peter Stevens thanked the Case Officer for the clarity of report and presentation.  He also made reference to the changes in planning legislation that had occurred over time.  Councillor Stevens stated that he was satisfied with the Officer recommendations and moved that the applications be approved as per the report.

Councillor Carol Bull echoed this satisfaction and seconded the motion.

On conclusion of further remarks made by Members of the Committee, the motion was put to the vote and with 13 voting for the motion  ...  view the full minutes text for item 363.

Report No: DEV/SE/18/003

Planning Application - 1no. industrial storage building (B8)

Planning Application - 1no. industrial storage building (B8)

This application had been referred to the Development Control Committee in light of it being a major development and because the Parish Council objected to the proposal which was contrary to the Officer recommendation.

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 71 of Report No DEV/SE/18/003.

As part of her presentation the Senior Planning Officer drew attention to conditions 7, 8 and 9 which concerned HGV movements.  Since publication of the agenda, and following further consultation with Suffolk County Council Highways, amendments had been made to these conditions as outlined to the meeting.

Speakers:    Councillor Ed Wyer (Chairman, Barnham Parish Council) spoke against the application

                   Councillor Andrew Smith (Ward Member: Bardwell) spoke against the application

                   Mr James Tanner (agent) spoke in support of the application

Prior to the Chairman opening the item up for debate by the Committee, the Lawyer advising the meeting reminded Councillor Smith of the importance of not having a closed mind in respect of the proposal before Members that was seeking determination.  Councillor Smith acknowledged this.

In response to a question with regard to vehicle charging points the Case Officer confirmed that the conditions in respect of this had been guided by the Council’s Environment Team and 5% of the parking would include electrical car charging points, but this did not include provision for HGV charging.

A number of Members made comment with regard to the facility operating on Sundays and Bank Holidays.  The Officer explained that construction on these days was restricted via conditions but not the operation of the facility; which had a need to open on these days in order to meet demand. 

Councillor David Nettleton moved that the application be approved, as per the Officer recommendation and inclusive of the amendments to conditions 7 – 9 as outlined.  This was duly seconded by Councillor Terry Clements.

Upon being put to the vote and with 11 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 3years 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 anddocuments.

3           Prior to the installation of any water supply to the building a foul water strategy shall be submitted to and approved in writing by the Local Planning Authority. The use of any water installations shall not commence until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority.

4           The strategy for the disposal of surface water (dated October 2017, ref: 22050/802 by Plandescil) and the Flood Risk Assessment (FRA) (dated Oct 17, ref: 22050/FRA&SWDS/Rev0/CS) shall be  ...  view the full minutes text for item 364.

Report No: DEV/SE/18/004

Householder Planning Application - Two storey rear extension (following demolition of existing conservatory)

Householder Planning Application - Two storey rear extension (following demolition of existing conservatory)

This application was referred to the Development Control Committee following consideration by the Delegation Panel.  The matter was referred to the Delegation Panel because the Parish Council had submitted objections.

A Member site visit took place prior to the meeting.  Officers were recommending that the application be approved, subject to conditions as set out in Paragraph 22 of Report No DEV/SE/18/004.

As part of his presentation the Planning Officer drew attention to updated plans which reflected the amendments that had been made to the application since original submission (as made reference to in Paragraph 3 of the report).  He also clarified that the decking shown on the plans would be at ground level.

The Officer also made reference to the applicant’s fall-back position in respect of Permitted Development Rights.  The Committee was advised that should the scheme be amended by a 10cm reduction (relative to No. 27) and 30cm (relative to No. 31) then it would not require planning permission.

Speaker:      Mr Jeff Laidlaw (neighbour) spoke against the application

A number of Members commented on the potential loss of light the application would have on No. 27.  The Case Officer explained that any loss of light was considered to be minimal and restricted to the first part of the day as the rear gardens in question were North facing. In response to comments made by the neighbour in this regard the Planning Officer had requested shadow plans from the agent, however, these had been unable to have been provided prior to the meeting of the Committee.

Some Members remarked on the dissatisfaction at not having shadow plans to refer to, when they had been specifically requested.  As such, Councillor John Burns proposed that the application be deferred for consideration at a later meeting inclusive of shadow plans.  This was duly seconded by Councillor David Nettleton, who suggested that there could be value in a repeat site visit held in the early part of the day.

Upon being put to the vote, and with 13 voting for the motion and with 1 against, it was resolved that

Decision

The application be DEFERRED for consideration at future meeting of the Development Control Committee inclusive of shadow plans.

Report No: DEV/SE/18/005

Planning Application - 1no. dwelling

Planning Application - 1no. dwelling

This application was referred to the Development Control Committee following consideration by the Delegation Panel.  The matter was referred to the Delegation Panel because the Town Council had no objection to the proposal, which was contrary to the Officer recommendation of refusal, for the reason set out in Paragraph 23 of Report No DEV/SE/18/005.

The Planning Officer advised that since publication of the agenda one further letter of representation had been received in support of the scheme.

Speakers:    Councillor Sarah Stamp (Ward Member: Southgate) spoke in support of the application

                   Mr Ben Elvin (agent) spoke in support of the application

Councillor Alaric Pugh spoke in support of the scheme and proposed that the application be approved, contrary to the Officer recommendation of refusal.  This was duly seconded by Councillor David Nettleton who also spoke in support.

The motion for approval was verbally supported by a number of other Members, in light of which the Case Officer read out a number of conditions that would be applied to the application if approved.  Officers did not consider a risk assessment to be necessary.

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

Decision

Planning permission be GRANTED, CONTRARY TO THE OFFICER RECOMMENDATION OF REFUSAL subject to the following conditions:

1           The development hereby permitted shall be begun not later than 3years 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 anddocuments.

3           The dwelling hereby approved shall not 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.

4           Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revokingand re-enacting that Order) no development permitted by Article 3 and Part 1 Class A, B and C of Schedule 2 to the Order shall be erected/carried out within the site other than any expressly authorised by thispermission.

5           The site preparation and construction works shall be carried out between the hours of 08:00 to18:00 Mondays to Fridays and between the hours of 08:00 to 13:30 Saturdays and at no time on Sundays or Bank Holidays without the prior written consent of the Local Planning Authority.

6           Any waste material arising from the site preparation and construction works shall not be burnt on site but shall be kept securely in containers for removal to prevent escape into the environment.

7           No security lights or floodlights shall be erected on site without the submission of details to, and written approval from, the LocalPlanning Authority to ensure a lighting environment of low district brightness at residentialproperties.

8           The use shall not commence until the area(s) within the site shown on Drawing No. 54-17 for the purposes of [LOADING, UNLOADING,] manoeuvring and parking  ...  view the full minutes text for item 366.

Report No: DEV/SE/18/006

Planning Application - 2no. dwellings with associated vehicular access and copse area

Planning Application - 2no. dwellings with associated vehicular access and copse area

This application was referred to the Development Control Committee following consideration by the Delegation Panel.  The matter had been referred to the Delegation Panel at the request of Councillor Peter Stevens (Ward Member: Cavendish) and because the Parish Council had no objection to the proposal, which was contrary to the Officer recommendation of refusal, for the reason set out in Paragraph 35 of Report No DEV/SE/18/006.

The Planning Officer drew attention to the plan within ‘late papers’ that had been circulated in connection with the application, as a result of the version included within the agenda having been printed incompletely.

The Officer also highlighted Paragraph 32 of the report in which it explained the position with regard to a neighbouring approved application site that fell partly within the remit of Babergh District Council.

Speaker:      Mr Dean Pearce (agent) spoke in support of the application

Councillor Peter Stevens spoke in support of the scheme and proposed that the application be approved, contrary to the Officer recommendation of refusal.  This was duly seconded by Councillor David Roach.

The motion for approval was verbally supported by a number of other Members, in light of which the Case Officer read out a number of conditions that would be applied to the application if approved. 

The Service Manager (Planning – Development) explained that whilst the proposed development did not accord with Policy DM27, Members clearly considered that it was a sensitive and modest development which would contribute to the Council’s housing supply.  In this case Officers, therefore, did not consider a risk assessment to be necessary.  She also advised the Committee that there had been a number of recent appeal decisions made in relation to Policy DM27 and she would look to arrange a Member seminar on this topic in the near future.

Upon being put to the vote, and with 13 voting for the motion and with 1 against, it was resolved that

Decision

Planning permission be GRANTED, CONTRARY TO THE OFFICER RECOMMENDATION OF REFUSAL subject to the following conditions:

1           The development hereby permitted shall be begun not later than 3years 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 anddocuments.

3           Demolition or construction works shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time on Sundays or BankHolidays.

4           The acoustic insulation of each dwelling shall be such to ensure noiselevels, with windows closed, do not exceed an LAeq (16hrs) of 35dB(A) within bedrooms and living rooms between the hours of 07:00 to 23:00, and an LAeq (8hrs) of 30dB(A) within bedrooms between the hours of 23:00 to 07:00.

5           The new vehicular access shall be laid out and completed in all respects in accordance with Drawing No. 17/79/06 as per  ...  view the full minutes text for item 367.

Prior to closing the meeting, the Chairman reminded all Members that they were to receive a training seminar immediately following the Committee.