Paper PL/17/23 previously circulated for the Planning Committee held on 22 November 2017 together with Addendum.
Minutes:
The Case Officer, Ben Elvin in presenting his item gave a resumé of the key points as set out in Paper PL/17/23 (originally circulated with the agenda for the Planning Committee meeting on 22 November and re-circulated with the 6 December agenda) and following the recent Member site visit. His presentation included an additional slide to show the site in the context of the wider rural location and in relation to the County boundary.
With reference to the Legal Opinion attached to Lambert Smith Hampton’s letter of 20 November 2017 (Appendices 2 and 1 respectively to Paper PL/17/23), the Case Officer advised that, bearing in mind that Babergh officers had not seen the brief given to LSH and had therefore been unable to test the legal advice given, his recommendation was that Braintree District Council be asked to take fully into account the ‘Polluter Pays’ principle and the weight to be given to it. He confirmed that the Section 106 Agreement would provide for the remediation measures to be brought forward in a phased programme.
The Case Officer also clarified the position regarding Essex County Council’s highway requirements, which had still to be finalised, and confirmed that a developer contribution of £150k to ECC had been agreed.
Members were aware of their role as a consultee but considered that their input should be increased by having the Ward Members included in consultations on the conditions to be imposed on any consent to be granted.
RESOLVED
That Braintree District Council be advised as follows:-
· That had Babergh District Council been able to determine this application, the Council would, on balance, have been minded to approve the application subject to appropriate conditions and a Section 106 agreement.
· That should Braintree District Council approve the application, Babergh District Council wish to be party to the wording of conditions and the terms of the Section 106 agreement. Further, that conditions to be attached to any approval be agreed in consultation with the Ward Members for Glemsford and Long Melford.
· That all mitigation identified as necessary in this report to mitigate the impacts of development on the Babergh district, including those relative to education, highways, affordable housing and rights of way improvements, be secured through the Section 106 agreement.
· That the Section 106 Agreement include obligations that ensure the delivery of the decontamination of the landfill site within the Babergh District area, having regard to the polluter pays principle.
· That Babergh District Council requests Braintree District Council to ensure that a construction management plan is submitted which includes safety measures for the construction access and that conditions should be agreed in consultation with the Local Ward Members of Glemsford and Long Melford.
Supporting documents: