Agenda

**Due to the size of the agenda the meeting will take place in two parts; Part A commencing at 10am & Part B to commence not before 1pm - the agenda indicates which items come under each part**, Development Control Committee
Wednesday 6 November 2019 10.00 am

Venue: Council Chamber, College Heath Road, Mildenhall

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

Note: Item 4. has been WITHDRAWN from the agenda 

Items
No. Item

Agenda Notes

DEVELOPMENT CONTROL COMMITTEE:

AGENDA NOTES

 

Subject to the provisions of the Local Government (Access to Information) Act 1985, all the files itemised in this Schedule, together with the consultation replies, documents and letters referred to (which form the background papers) are available for public inspection.

 

All applications and other matters have been considered having regard to the Human Rights Act 1998 and the rights which it guarantees.

 

Material Planning Considerations

 

1.   It must be noted that when considering planning applications (and related matters) only relevant planning considerations can be taken into account. Councillors and their Officers must adhere to this important principle which is set out in legislation and Central Government Guidance.

 

2.   Material Planning Considerations include:

  • Statutory provisions contained in Planning Acts and Statutory regulations and Planning Case Law
  • Central Government planning policy and advice as contained in Circulars and the National Planning Policy Framework (NPPF)
  • The following Planning Local Plan Documents

 

Local Plans covering West Suffolk Council

Joint Development Management Policies Document 2015

Forest Heath Area Local Plan

St Edmundsbury Area Local Plan

Forest Heath Core Strategy 2010 as amended by the High Court Order (2011)

St Edmundsbury Core Strategy 2010

 

Core Strategy Single Issue Review of Policy CS7 (2019)

Vision 2031 adopted 2014

-      Bury St Edmunds

-      Haverhill

-      Rural

 

Site  Allocations Local Plan (2019)

 

Note: The adopted Local Plans for the former St Edmundsbury and Forest Heath areas (and all related policy documents, including guidance and SPDs) will continue to apply to those parts of West Suffolk Council area until a new Local Plan for West Suffolk is adopted.     

 

  • Supplementary Planning Guidance/Documents eg. Affordable Housing SPD
  • Master Plans, Development Briefs
  • Site specific issues such as availability of infrastructure, density, car parking
  • Environmental; effects such as effect on light, noise overlooking, effect on street scene
  • The need to preserve or enhance the special character or appearance of designated Conservation Areas and protect Listed Buildings
  • Previous planning decisions, including appeal decisions
  • Desire to retain and promote certain uses e.g. stables in Newmarket.

 

3.   The following are not Material Planning Considerationsand such matters must not be taken into account when determining planning applications and related matters:

  • Moral and religious issues
  • Competition (unless in relation to adverse effects on a town centre as a whole)
  • Breach of private covenants or other private property / access rights
  • Devaluation of property
  • Protection of a private  view
  • Council interests such as land ownership or contractual issues
  • Identity or motives of an applicant or occupier

 

4.   Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that an application for planning permission must be determined in accordance with the Development Plan (see table above) unless material planning considerations indicate otherwise. 

 

5.   A key role of the planning system is to enable the provision of homes, buildings and jobs in a way that is consistent with the principles of sustainable development.  It needs to be positive in promoting competition while being protective towards the environment and amenity.  The policies that underpin the planning system both nationally and locally seek to balance these aims.

 

Documentation Received after the Distribution of Committee Papers

 

Any papers, including plans and photographs, received relating to items on this Development Control Committee agenda, but which are received after the agenda has been circulated will be subject to the following arrangements:

(a)     Officers will prepare a single Committee Update Report summarising all representations that have been received up to 5pm on the Thursday before each Committee meeting. This report will identify each application and what representations, if any, have been received in the same way as representations are reported within the Committee report;

(b)     the Update Report will be sent out to Members by first class post and electronically by noon on the Friday before the Committee meeting and will be placed on the website next to the Committee report.

 

Any late representations received after 5pm on the Thursday before the Committee meeting will not be distributed but will be reported orally by officers at the meeting.

 

Public Speaking

 

Members of the public have the right to speak at the Development Control Committee, subject to certain restrictions.  Further information is available on the Council’s website.

 

Decision Making Protocol

 

DEVELOPMENT CONTROL COMMITTEE:

DECISION MAKING PROTOCOL


The Development Control Committee usually sits once a month.  The meeting is open to the general public and there are opportunities for members of the public to speak to the Committee prior to the debate. 

Decision Making Protocol

This protocol sets out our normal practice for decision making on development control applications at Development Control Committee.  It covers those circumstances where the officer recommendation for approval or refusal is to be deferred, altered or overturned.  The protocol is based on the desirability of clarity and consistency in decision making and of minimising financial and reputational risk, and requires decisions to be based on material planning considerations and that conditions meet the tests of Circular 11/95: "The Use of Conditions in Planning Permissions."  This protocol recognises and accepts that, on occasions, it may be advisable or necessary to defer determination of an application or for a recommendation to be amended and consequently for conditions or refusal reasons to be added, deleted or altered in any one of the circumstances below.

·       Where an application is to be deferred, to facilitate further information or negotiation or at an applicant's request.

·       Where a recommendation is to be altered as the result of consultation or negotiation:

o  The presenting Officer will clearly state the condition and its reason or the refusal reason to be added/deleted/altered, together with the material planning basis for that change.

o  In making any proposal to accept the Officer recommendation, a Member will clearly state whether the amended recommendation is proposed as stated, or whether the original recommendation in the agenda papers is proposed.

·       Where a Member wishes to alter a recommendation:

o  In making a proposal, the Member will clearly state the condition and its reason or the refusal reason to be added/deleted/altered, together with the material planning basis for that change.

o In the interest of clarity and accuracy and for the minutes, the presenting officer will restate the amendment before the final vote is taken.

o  Members can choose to;

§  delegate the detailed wording and reason to the Assistant Director (Planning and Regulatory);

§  delegate the detailed wording and reason to the Assistant Director (Planning and Regulatory) following consultation with the Chair and Vice Chair(s) of Development Control Committee.

  • Where Development Control Committee wishes to overturn a recommendation and the decision is considered to be significant in terms of overall impact; harm to the planning policy framework, having sought advice from the Assistant Director (Planning and Regulatory) and the Assistant Director (Human Resources, Legal and Democratic) (or Officers attending Committee on their behalf);

o  A final decision on the application will be deferred to allow associated risks to be clarified and conditions/refusal reasons to be properly drafted.

o  An additional officer report will be prepared and presented to the next Development Control Committee detailing the likely policy, financial and reputational etc risks resultant from overturning a recommendation, and also setting out the likely conditions (with reasons) or refusal reasons.  This report should follow the Council’s standard risk assessment practice and content.

o  In making a decision to overturn a recommendation, Members will clearly state the material planning reason(s) why an alternative decision is being made, and which will be minuted for clarity.

 

  • In all other cases, where Development Control Committee wishes to overturn a recommendation:
    • Members will clearly state the material planning reason(s) why an alternative decision is being made, and which will be minuted for clarity.
    • In making a proposal, the Member will clearly state the condition and its reason or the refusal reason to be added/deleted/altered, together with the material planning basis for that change.
    • Members can choose to;
  • delegate the detailed wording and reason to the Assistant Director (Planning and Regulatory)
  • delegate the detailed wording and reason to the Assistant Director (Planning and Regulatory) following consultation with the Chair and Vice Chair(s) of Development Control Committee
  • Member Training
    • In order to ensure robust decision-making all members of Development Control Committee are required to attend Development Control training.

 

Notes


Planning Services (Development Control) maintains a catalogue of 'standard conditions' for use in determining applications and seeks to comply with Circular 11/95 "The Use of Conditions in Planning Permissions."

Members/Officers should have proper regard to probity considerations and relevant codes of conduct and best practice when considering and determining applications.

 

Agenda

 

 

Procedural Matters

 

Page No

Part 1 – Public

Part A

(commences at 10am)

1.

Apologies for Absence

2.

Substitutes

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

3.

Minutes pdf icon PDF 236 KB

To confirm the minutes of the meeting held on 2 October 2019 (copy attached).

4.

Planning Application DC/17/2474/OUT - Land South of Bury Road, Kentford (Report No: DEV/WS/19/032) **AGENDA ITEM WITHDRAWN** pdf icon PDF 220 KB

Report No: DEV/WS/19/032

 

Outline Planning Application (Means of Access, Appearance and Scale to be considered) - Up to 19no. dwellings as amended by plans and documents received 9th May 2019

Additional documents:

5.

Planning Application DC/19/0505/FUL - Garage Areas, Pembroke Close, Mildenhall (Report No: DEV/WS/19/033) pdf icon PDF 143 KB

Report No: DEV/WS/19/033

 

Planning Application - 6no. dwellings and 45no. parking spaces (following demolition of 60no. garages)

Additional documents:

6.

Planning Application DC/19/0506/FUL - Garage Areas, Newnham Close, Mildenhall (Report No: DEV/WS/19/034) pdf icon PDF 139 KB

Report No: DEV/WS/19/034

 

Planning Application - 6 no. dwellings and 30 no. parking spaces (demolition of 39no. lock-up garages) - (Previous Application DC/17/2587/FUL)

Additional documents:

7.

Planning Application DC/19/0507/FUL - Garage Areas, Emmanuel Close, Mildenhall (Report No: DEV/WS/19/035) pdf icon PDF 146 KB

Report No: DEV/WS/19/035

 

Planning Application - 11no. dwellings and 57no. parking spaces (following demolition of 70no. garages) - Previous Application DC/17/2586/FUL

 

 

Additional documents:

8.

Planning Application DC/19/0508/FUL - Garage Areas, Downing Close, Mildenhall (Report No: DEV/WS/19/036) pdf icon PDF 141 KB

Report No: DEV/WS/19/036

 

Planning Application - 5no. dwellings and 33no. parking spaces (following demolition of 43no. garages) - Previous Application DC/17/2585/FUL

Additional documents:

On conclusion of the above items the Chairman will permit a short break

 

Part B

(commences not before 1pm)

9.

Planning Application DC/14/2096/HYB - Land at Station Road, Lakenheath (Report No: DEV/WS/19/037) pdf icon PDF 858 KB

Report No: DEV/WS/19/037

 

Hybrid planning application DC/14/2096/FUL - 1) Full application for the creation of new vehicular access onto Station Road, and entrance to a new primary school, 2) Outline application for up to 375 dwellings (including 112 affordable homes), and the provision of land for a new primary school, land for ecological mitigation and open space and associated infrastructure (as amended).

Additional documents:

10.

Planning Application DC/19/0079/FUL & Application for Listed Building Consent DC/19/0080/LB - The Rutland Arms Hotel, 33 High Street, Newmarket (Report No: DEV/WS/19/038) pdf icon PDF 173 KB

Report No: DEV/WS/19/038

 

Planning Application - (i) Demolition and rebuilding of Palace Street annexe building including creation of additional guest bedrooms (ii) Refurbishment to High Street building (iii) Detached garage adjacent Nell Gwynne House; and

Application for Listed Building Consent - (i) Demolition and rebuilding of Palace Street annexe building including creation of additional guest bedrooms (ii) Refurbishment to High Street building

Additional documents:

11.

Planning Application DC/19/1217/FUL - 5C Oak Tree Farm, Wildmere Lane, Holywell Row (Report No: DEV/WS/19/039) pdf icon PDF 159 KB

Report No: DEV/WS/19/039

 

Planning Application - 1no. dwelling with detached garage

Additional documents:

12.

Planning Application DC/19/1463/TPO - 85 Raynham Road, Bury St Edmunds (Report No: DEV/WS/19/040) pdf icon PDF 119 KB

Report No: DEV/WS/19/040

 

TPO218(1972) - Tree Preservation Order - Beech T1 - Fell

Additional documents:

13.

Planning Application DC/19/1623/FUL - 17-18 Cornhill, Bury St Edmunds (Report No: DEV/WS/19/041) pdf icon PDF 212 KB

Report No: DEV/WS/19/041

 

Planning Application - (i) Redevelopment of old Post Office site with retention of historic facade (ii) 12 no. flats (iii) 2 no. commercial units at ground floor and (iv) enlargement and repaving of public realm/footpath

Additional documents: