Agenda and minutes

The Lawyer opened the meeting and asked for nominations for the Chair of the Committee for 2021/2022.

Councillor Carol Bull nominated Councillor Andrew Smith as Chair and this was seconded by Councillor Mike Chester.

There being no other nominations and no objections, it was unanimously

RESOLVED:

That Councillor Andrew Smith be elected Chair for 2021/2022.

Councillor Smith then took the Chair for the remainder of the meeting.

The Chair sought nominations for the two positions of Vice Chair.

Councillor Peter Stevens nominated Councillor Jim Thorndyke and this was seconded by Councillor David Roach.

Councillor Susan Glossop nominated Councillor Mike Chester and this was seconded by Councillor Ian Houlder.

There being no other nominations and no objections, it was unanimously

RESOLVED:

That Councillors Mike Chester and Jim Thorndyke be elected as Vice Chairs for 2021/2022.

The Chair then formally commenced the meeting and welcomed all present to the Development Control Committee, with special reference made to Councillor Terry Clements who was attending his first meeting as a newly appointed member of the Committee.

The Chair took the opportunity to thank Members and Officers for their valued input and support during the 15 virtual meetings of the Committee that had been held since March 2020 and outlined the reasons why the meeting was being held at Rowley Mile Racecourse, Newmarket.

A number of housekeeping matters and guidance were highlighted to all. Lastly, the Chair reminded the Committee that item 10 had been withdrawn from the agenda.

Apologies for absence were received from Councillors John Burns and Jason Crooks.

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

The following substitution was declared:

Councillor Andy Neal substituting for Councillor John Burns.

To confirm the minutes of the meeting held on 28 April 2021 (copy attached).

The minutes of the meeting held on 28 April 2021 were confirmed as a correct record, with 14 voting for the motion and with 1 abstention, and were signed by the Chair.

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.

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

Members are requested to APPROVE the attached document “Guide to Having Your Say on Planning Applications” which has been created for use to reflect that the Development Control Committee meetings are no longer being held remotely.

The Service Manager (Planning – Development) advised the Committee that in light of meetings no longer taking place remotely it had been necessary to update the Committee’s Public Speaking Protocol to reflect the new arrangements.

Approval was now sought by the Committee to formally adopt the revised protocol for use.

It was proposed by Councillor Peter Stevens, duly seconded by Councillor Andy Drummond and with the vote being unanimous, it was resolved that

Decision

The attached document “Guide to Having Your Say on Planning Applications” be APPROVED for use for the Development Control Committee.

Report No: DEV/WS/21/015

Planning Application - five dwellings (following demolition of existing house)

Planning Application - five dwellings (following demolition of existing house)

This application was referred to the Development Control Committee as the proposed scheme was on the same site as a previous application which was refused by the Committee in September 2020. In addition, the Parish Council had voiced objections to the application.

As part of his presentation the Principal Planning Officer outlined the previous application and the reasons for refusal, as set out in Appendix 1 of Report No DEV/WS/21/015. He also highlighted the changes made to the scheme in the current proposal.

The Committee was shown videos of the site by way of a virtual ‘site visit’.

Officers were recommending that the application be approved, subject to conditions as set out in Paragraph 64 of the report.

Speakers:    Denis Elavia (neighbouring objector) spoke against the application

Councillor Terry Rich (Withersfield Parish Council) spoke against the application

Councillor Peter Stevens (Ward Member: Withersfield) spoke on the application

David Barker (agent) spoke in support of the application

During the debate some of the Committee continued to voice concern in respect of highway flooding. The Case Officer reminded Members of the sustainable drainage strategy submitted by the applicant; in response to which the Highways Authority and the Lead Local Flood Authority had not raised objection.

Comments were also made by Members on the attractiveness of the proposal but that it was not considered in keeping with the surrounding area. Councillors also made reference to overdevelopment and the potential urbanisation of the village.

Councillor Roger Dicker spoke in support of the application and highlighted that the site was within the development boundary and the Conservation Officer had not objected.

Councillor Peter Stevens proposed that the application be refused for reasons 2, 3 and 4 as listed as the previous refusal reasons in Appendix 1 (excluding reason 1 which related to highway flooding). This was duly seconded by Councillor Ian Houlder.

The Service Manager (Planning – Development) explained that as the refusal reason relating to highway flooding had been disregarded it would not be necessary to invoke the Decision Making Protocol in this instance.

Accordingly, upon being put to the vote and with 11 voting for the motion and 4 against it was resolved that

Decision

Planning permission be REFUSED for the following reasons:

1. Section 72 of the Town and Country Planning (Conservation Areas and Listed Buildings) Act 1990 requires the Local Planning Authority to have special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area. Furthermore, Joint Development Management Policies DM17, DM1, DM2 and DM22, all of which, seek to protect heritage assets and ensure good design appropriate for the character and context of the site. The site is wholly within the Withersfield conservation area and in this case the courtyard style layout of a group of 5 dwellings, would depart from the mainly linear form of this part of the village harming its appearance. The loss of a significant tree on the frontage of the  ...  view the full minutes text for item 140.

Report No: DEV/WS/21/016

Householder planning application - three bay cart lodge and machinery store with first floor guest accommodation above

Householder planning application - three bay cart lodge and machinery store with first floor guest accommodation above

This application was referred to the Development Control Committee following consideration by the Delegation Panel and in view of the fact that the Parish Council objected to the proposal which was in conflict with the Officers’ recommendation of approval, subject to conditions as set out in Paragraph 42 of Report No DEV/WS/21/016.

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

Attention was drawn to the supplementary ‘late papers’ which were issued following publication of the agenda and which set out additional comments received from the Parish Council.

Speaker:      Councillor Phil Baker (Hawstead Parish Council) spoke against the application

Councillor Terry Clements (Ward Member: Horringer) opened the debate advised the Committee that Hawstead had unique mature tree-lined entrances to the village and all properties were set back from the road. He raised concern at the number of trees that the proposal would require to be removed and stated that the cart lodge would be better placed closer to the existing property and further from the road.

The Case Officer informed the Committee that none of the trees concerned were protected by a TPO and, as the site was not within the Conservation Area either, the removal of them would not require consent. Furthermore, the Council’s Tree Officer had confirmed that the trees were not worthy of a TPO and had not objected to the application.

Councillor Clements then proposed that the application be refused, contrary to the Officer recommendation, due to the size/scale of the proposal and it being not in keeping with the character of the village. This was duly seconded by Councillor Ian Houlder.

Upon being put to the vote and with 5 voting for the motion and 10 against the Chair declared the motion lost.

Councillor Roger Dicker then proposed that the application be approved, as per the Officer recommendation, and this was duly seconded by Councillor Mike Chester.

Upon being put to the vote and with 9 voting for the motion and 6 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 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       Prior to commencement of development a detailed Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS), in accordance with BS 5837:2012 - Trees in relation to construction - Recommendations, shall be submitted to and approved in writing by the Local Planning Authority. The TPP shall show the extent of root protection areas, details of ground protection measures and fencing to be erected around the trees, including the type and position of these. The protective measures contained within the scheme shall be implemented prior to commencement of  ...  view the full minutes text for item 141.

Report No: DEV/WS/21/017

Householder planning application - detached double garage with new driveway

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

Report No: DEV/WS/21/018

Prior Approval Application under Part 14 of the Town and Country Planning (General Permitted Development) Order 2015 - Installation of 319 roof mounted solar photovoltaic panels to northern and western sections of building

Prior Approval Application under Part 14 of the Town and Country Planning (General Permitted Development) Order 2015 - Installation of 319 roof mounted solar photovoltaic panels to northern and western sections of building

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

Members were advised that the Local Planning Authority was satisfied that the proposal met the criteria set out within the relevant regulations and that prior approval was not required, as set out in the Officers’ recommendation at Paragraph 10 of Report No DEV/WS/20/018.

Councillor Peter Stevens proposed that the Officers’ recommendation be accepted and this was duly seconded by Councillor Susan Glossop.

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

Decision

PRIOR APPROVAL IS NOT REQUIRED as to the design or external appearance of the development.

Report No: DEV/WS/21/019

Prior Approval Application under Part 14 of the Town and Country Planning (General Permitted Development) Order 2015 - Installation of 410 roof mounted solar photovoltaic panels to north western wing of building

Prior Approval Application under Part 14 of the Town and Country Planning (General Permitted Development) Order 2015 - Installation of 410 roof mounted solar photovoltaic panels to north western wing of building

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

Members were advised that the Local Planning Authority was satisfied that the proposal met the criteria set out within the relevant regulations and that prior approval was not required, as set out in the Officers’ recommendation at Paragraph 10 of Report No DEV/WS/20/019.

Councillor Andy Neal raised a question with regard to the battery storage facility, in response the Service Manager (Planning – Development) explained that whilst it was not a material planning consideration in respect of the application before the Committee she would seek an answer on the matter outside of the meeting and would report back to Councillor Neal directly.

Councillor Andy Neal proposed that the Officers’ recommendation be accepted and this was duly seconded by Councillor Richard Alecock.

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

Decision

PRIOR APPROVAL IS NOT REQUIRED as to the design or external appearance of the development.

Report No: DEV/WS/21/020

Planning application - two external condensation units on west elevation

Planning application - two external condensation units on west elevation

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

Officers were recommending that planning permission be granted subject to conditions, as set out in Paragraph 21 of Report No DEV/WS/21/020.

Councillor David Palmer proposed that the application be approved, as per the Officer recommendation, and this was duly seconded by Councillor Andy Drummond.

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 details shown on the approved plans and documents.

Report No: DEV/WS/21/021

Planning application - a. change of use from financial services (class E(c)) to a hot food takeaway (Sui Generis) b. external extraction and ventilation system to the rear c. redecoration of shop frontage

(Councillor David Smith declared a non-pecuniary interest in this item in light of the fact that he had taken part in Haverhill Town Council’s consideration of the application.  However, Councillor Smith stressed that he would keep an open mind and listen to the debate prior to voting on the item.)

Planning application - a. change of use from financial services (class E(c)) to a hot food takeaway (Sui Generis) b. external extraction and ventilation system to the rear c. redecoration of shop frontage

This application was referred to the Development Control Committee because West Suffolk Council was the landlord of the property.

Attention was drawn to an error within Report No DEV/WS/21/021 and it was clarified that Route 66 Diner was at 42a High Street.

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

Reference was also made to the detailed comments circulated to Committee Members by Councillor John Burns in connection with the application which the Officer responded to.

Speaker:      Owen Pike (agent) spoke in support of the application

(Mr Pike 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.)

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

Upon being put to the vote and with 14 voting for the motion and 1 against, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1. The development hereby permitted shall be commenced no 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 premises hereby approved is open to the public all plant and equipment, including the kitchen ventilation and extracting system, shall be installed in accordance with the ‘Supporting Information on the Proposed Extraction System and Plant’ submitted on 26 March 2021, and the Proposed Floor Plans and Proposed Elevations, Drawing Nos: 20119-10 and 20119-11 respectively, submitted on 29 March 2021.The installation shall include suitable noise and odour mitigation measures as detailed in the schematic Drawing No. PJES/04 –Mechanical Extract Scheme D (Carbon Filter system) in Appendix A. Thereafter the system shall be retained and maintained in complete accordance with the approved details unless the written consent of the Local Planning Authority is obtained for any variation.
4. The opening hours of the premises shall be restricted to between 11:00 and 23.45 hours Sunday to Thursday, Bank and Public Holidays and between 11:00 and 00:00 hours on Friday and Saturday. All customers shall have vacated the premises by the stated closing times.
5. Deliveries to the premises shall only take place between 08:00 and 18:00 hours on Mondays to Saturdays. There shall be no deliveries on Sundays, Bank or Public Holidays.