Agenda for Development Control Committee on Wednesday 1 September 2021, 10.00 am

Agenda and minutes

Venue: Conference Chamber, West Suffolk House, Western Way, Bury St Edmunds, IP33 3YU

Contact: Helen Hardinge: Democratic Services Officer  Email: helen.hardinge@westsuffolk.gov.uk

Note: Please note: Agenda Items 7 & 10 have been WITHDRAWN from the agenda // Attention is drawn to the guidance document for this meeting linked below // Public speakers are directed to the protcol document linked below 

Media

Items
No. Item

165.

Welcome

Minutes:

The Chair formally commenced the meeting, welcomed all present to the Development Control Committee and invited the Democratic Services Officer to advise that that an ‘internal test’ of the live streaming equipment was taking place by the Council. The recording would not be made available in the public arena.

 

The Chair also reminded the Committee that items 7 and 10 had been withdrawn from the agenda.

 

Lastly, Members were made aware that a short post-Committee briefing session would be undertaken on close of the meeting.

 

166.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors John Burns, Andy Drummond and David Smith.

 

Councillor Roger Dicker had also advised that whilst he had an appointment to attend that morning he would endeavour to join the Committee late, if possible. But asked that his apologies were recorded if he was unable to do so. (Note: Councillor Dicker was unable to join the meeting and was therefore recorded as an apology.)

167.

Substitutes

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

Minutes:

The following substitutions were declared:

 

Councillor Andy Neal substituting for Councillor John Burns;

Councillor James Lay substituting for Councillor Andy Drummond; and

Councillor Diane Hind substituting for Councillor David Smith.

 

168.

Minutes pdf icon PDF 394 KB

To confirm the minutes of the meeting held on 4 August 2021 (copy attached).

Minutes:

The minutes of the meeting held on 4 August 2021 were unanimously confirmed as a correct record and signed by the Chair.

169.

Declarations of interest

Members are reminded of their responsibility to declare any pecuniary or local non pecuniary interest which they have in any item of business on the agenda, no later than when that item is reached and, when appropriate, to leave the meeting prior to discussion and voting on the item.

Minutes:

Members’ declarations of interest are recorded under the item to which the declaration relates.

170.

Planning Application DC/21/0152/HYB - Land South of Burwell Road, Exning (Report No: DEV/WS/21/031) pdf icon PDF 963 KB

Report No: DEV/WS/21/031

 

Hybrid Planning Application - A. Full planning for 205 dwellings, garages, new vehicular accesses, pedestrian/cycle accesses, landscaping and associated open space and B. Outline planning - early years education facility

 

Additional documents:

Minutes:

(Councillor Susan Glossop asked that it be noted that whilst she had been involved in the Exning Development Brief in her role as Cabinet Member for Growth she had not taken any part in the application that was before the Committee.)

 

Hybrid Planning Application - A. Full planning for 205 dwellings, garages, new vehicular accesses, pedestrian/cycle accesses, landscaping and associated open space and B. Outline planning - early years education facility

 

This application was referred to the Development Control Committee as the Officer’s recommendation of approval was contrary to the view of Exning Parish Council.

 

The Senior Planning Officer advised that the site in question was allocated in the Site Allocations Local Plan (SALP) 2019 under Policy SA12(a) which was adopted in September 2019. This site was known in the SALP document as Land South of Burwell Road and West of Queens View. Policy SA12(a) of the SALP 2019 document sets out that 15 hectares of land is allocated for residential development, with an indicative capacity of 205 dwellings.

 

The policy detailed that a Development Brief should be prepared which would help to determine access arrangements, landscaping and the delivery of a cycle path between the site and the village of Burwell. It then goes on to state that planning applications for the site should only be determined once the Development Brief has been adopted by the Local Planning Authority. A Development Brief was adopted for the site in April 2021, as referenced in detail within Report No DEV/WS/21/031.

 

Members were advised that during the course of the application amendments were made to the layout and design of the scheme and additional information was submitted regarding landscaping, air quality, transport, highways and drainage.

 

At the time of the agenda being published a 14-day re-consultation was being undertaken with neighbours and the Parish Council to inform them of the latest changes to the footpaths and house types. Attention was drawn to the supplementary ‘late papers’ which set out further comments received from neighbouring residents and the Officer’s response to these.

 

Members were also informed that an additional representation had been received from 149 Burwell Road after the late papers had been issued; the comments made within that representation which related to the Committee report would be read out under the public speaking part of the meeting.

 

Also within the late papers was an explanation in respect of the application’s reference number and the suffix used.

 

Lastly, following further discussions with the Highways Authority and the applicant/agent a number of amendments had been made to the conditions proposed.

 

Therefore, a full list of revised conditions was included within the late papers and Officers were recommending that the application be approved subject to these (as opposed to those listed in the report) and the completion of a Section 106 Agreement.

 

As part of her presentation the Senior Planning Officer showed videos of the site by way of a virtual ‘site visit’.

 

The Committee’s attention was drawn to Paragraph 73 of the report and  ...  view the full minutes text for item 170.

171.

Planning Application DC/19/2155/FUL - Storage Tank, Station Yard, Station Road, Barnham (Report No: DEV/WS/21/032) pdf icon PDF 262 KB

Report No: DEV/WS/21/032

 

Planning Application - Continued use of heating fuel storage and distribution business (Class B8), retention of 4 storage tanks, 1 storage container, 2 fuel distribution points, 1 office portacabin, associated hard standing, underground interceptor tank, lighting and installation of 5th storage tank

 

Additional documents:

Minutes:

Planning Application - Continued use of heating fuel storage and distribution business (Class B8), retention of 4 storage tanks, 1 storage container, 2 fuel distribution points, 1 office portacabin, associated hard standing, underground interceptor tank, lighting and installation of 5th storage tank

 

This application was originally referred to the Development Control Committee on 4 August 2021 following consideration by the Delegation Panel but was subsequently withdrawn from the agenda.

 

The Senior Planning Officer advised Members that the original proposal description stated ‘Continued use of heating fuel storage and distribution business (Class B8)’. The description was subsequently amended to reflect the structures already installed and a fifth tank which was proposed. A 14 day re-consultation on the change in description was then undertaken.

 

Officers were recommending that the application be approved, subject to conditions set out in Paragraph 61 of Report No DEV/WS/21/032.

 

As part of her presentation the Senior Planning Officer showed videos of the site by way of a virtual ‘site visit’.

 

Members were advised that since publication of the agenda one further late representation had been received from a neighbouring resident, largely reiterating previously raised concerns particularly in respect of the number of vehicle movements from the site.

 

Speakers:    John Bauer (neighbouring resident) spoke against the application

                   Councillor John Bauer (Barnham Parish Council) read out a statement on behalf of the Parish Council against the application

                   Councillor Andrew Smith (Ward Member: Barnham) spoke on the application

                   Jonny Rankin (agent) spoke in support of the application

                   (Mr Rankin did not attend the meeting to personally address the Committee and instead the Democratic Services Officer read out a pre-prepared submitted statement on his behalf.)

 

Considerable discussion took place on the application, with Members posing a number of questions to the Senior Planning Officer who responded in respect of; the history of operation on the site, surface water drainage, the other businesses operating at the Gorse Industrial Estate and the Traffic Regulation Order in place on the adjacent highway.

 

Some of the Committee voiced concern on the operating hours set out in conditions 8 and 9, and the impact this could have on residential amenity. Likewise, queries were also raised in respect of the proposed acoustic fence and how it would be established if the fence was adequately mitigating noise.

 

The Service Manager (Planning – Development) explained that the Senior Planning Officer could liaise with colleagues in Public Health and Housing in order to re-word the related condition (No 5) to include relevant post-construction assessment to ensure that the fencing had achieved its aim.

 

Councillor Jim Thorndyke therefore proposed that the application be approved, as per the Officer recommendation, but with amendments to the condition relating to the acoustic fencing (as above) and with operating hours being restricted to 7am-7pm Monday to Friday, 7am – 1pm Saturday and with no operation permitted on a Sunday or Bank Holiday. This was duly seconded by Councillor Ian Houlder.

 

Upon being put to the vote and with 13 voting for the motion and with  ...  view the full minutes text for item 171.

172.

Planning Application DC/21/1198/FUL - Land North of Green Acre, Thetford Road, Ixworth Thorpe (Report No: DEV/WS/21/033) **WITHDRAWN FROM AGENDA 31/8/21** pdf icon PDF 200 KB

Report No: DEV/WS/21/033

 

Planning application - Three dwellings (following demolition of existing dwellings)

 

Additional documents:

Minutes:

The Chair advised earlier in the meeting that this item had been WITHDRAWN from the agenda.

173.

Planning Application DC/21/0640/HH - 60 The Street, Barton Mills (Report No: DEV/WS/21/034) pdf icon PDF 174 KB

Report No: DEV/WS/21/034

 

Householder planning application - detached double garage with new driveway

 

Additional documents:

Minutes:

Householder planning application - detached double garage with new driveway

 

This application was originally referred to the Development Control Committee on 23 June 2021 following consideration by the Delegation Panel but was withdrawn from that agenda following the receipt of amended plans on 21 June 2021.

 

Members were advised that the application was a resubmission of a similar proposal which had been previously considered by the Development Control Committee on 18 November 2020 and was subsequently dismissed at appeal.

 

As part of her presentation the Principal Planning Officer outlined the changes that had been made to the scheme since the November 2020 proposal.

 

Officers were recommending that the application be refused for the reason set out in Paragraph 46 of Report No DEV/WS/21/034.

 

Speakers:    Councillor Brian Harvey (Ward Member: Manor) spoke on the application

                   Les Belsberg (applicant) spoke in support of the application

 

Following Councillor Harvey’s speech, the Lawyer advising the meeting drew Councillor Harvey’s attention to the Planning Code of Conduct and the reference therein to the importance of Ward Members (who were also Members of the Committee) retaining an open mind up to the point where a decision is made on an application. Councillor Harvey then advised the Chair that he would abstain from the vote.

 

Councillor Diane Hind considered the reason for refusal to be subjective and was of the view that the proposal would not adversely impact on the streetscene or the Conservation Area, and therefore proposed that the application be approved, contrary to the Officer recommendation. This was duly seconded by Councillor James Lay.

 

The Service Manager (Planning – Development) advised the Committee that Officers would not consider it necessary to invoke the Decision Making Protocol and a Risk Assessment would not be required.

 

The Principal Planning Officer then advised the meeting of the conditions that could be appended to a permission if granted.

 

Upon being put to the vote and with 10 voting for the motion, 3 against and with 1 abstention it was resolved that

 

Decision

 

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

 

 

1.       The development hereby permitted shall be begun not later than          three 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 development hereby permitted shall be constructed entirely of       the materials detailed on the submitted application form dated     23.03.2021.

4.      No development above slab level shall take place until details of the garage doors have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

174.

Planning Application DC/21/1536/FUL - West Suffolk Council, College Heath Road, Mildenhall (Report No: DEV/WS/21/035 pdf icon PDF 157 KB

Report No: DEV/WS/21/035

 

Planning application - Installation of two metre high security fencing including personnel and vehicle access gates, to external boundary

 

Additional documents:

Minutes:

Planning application - Installation of two metre high security fencing including personnel and vehicle access gates, to external boundary

 

This application was referred to the Development Control Committee because West Suffolk Council is the applicant.

 

As part of his presentation the Planning Officer showed videos of the site by way of a virtual ‘site visit’.

 

Officers were recommending that planning permission be granted subject to conditions, as set out in Paragraph 23 of Report No DEV/WS/21/035.

 

Attention was drawn to Paragraph 5 of the report and Members were advised to disregard the incorrect reference therein to no comments having been received from the Ecology and Landscape Officer. The comments from said Officer were included elsewhere in the report.

 

The Committee was also advised that the applicant and Tree Officer were continuing to have ongoing discussions, the outcome of which would inform the detail of the arboricultural condition(s) referenced within the recommendation at No 3.

 

Councillor David Roach proposed that the application be approved, as per the Officer recommendation. This was duly seconded by Councillor Andy Neal.

 

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 three years from the date of this permission.  

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

3.   Arb condition(s) depending on applicant response.

175.

Planning Application DC/21/1366/FUL - West Suffolk House, Western Way, Bury St Edmunds (Report No: DEV/WS/21/036) **WITHDRAWN FROM AGENDA 31/8/21** pdf icon PDF 149 KB

Report No: DEV/WS/21/036

 

Planning application - Installation of battery container, and associated foundations and fencing

 

Additional documents:

Minutes:

The Chair advised earlier in the meeting that this item had been WITHDRAWN from the agenda.

 

 

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