Venue: King Edmund Chamber, Endeavour House, 8 Russell Road, Ipswich. View directions
Contact: Claire Philpot 01473 296376
APOLOGIES FOR ABSENCE AND SUBSTITUTIONS
36.1 Apologies were received from Councillor Sue Ayres and Councillor Adrian Osborne.
36.2 Councillor Michael Holt substituted for Councillor Ayres.
DECLARATION OF INTERESTS
Members to declare any interests as appropriate in respect of items to be considered at this meeting.
37.1 Councillor Lee Parker declared a pecuniary interest in respect of application number DC/21/00745 as he had a business arrangement with the applicants agent.
37.2 Councillor Parker advised that he would leave the chamber for the duration of this application and would therefore not be taking part in the debate or vote.
PL/21/9 TO CONFIRM THE MINUTES OF THE MEETING HELD ON 11 AUGUST 2021
38.1 The minutes of the meeting held on 11 August 2021 were deferred to the next meeting of the Babergh Planning Committee to seek sign off from the Chief Planning Officer.
TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH THE COUNCIL'S PETITION SCHEME
39.1 None received.
In addition to any site inspections which the Committee may consider to be necessary, the Acting Chief Planning Officer will report on any other applications which require site inspections.
40.1 None requested.
An Addendum to Paper PL/21/10 will be circulated to Members prior to the commencement of the meeting summarising additional correspondence received since the publication of the agenda but before 12 noon on the working day before the meeting, together with any errata.
In accordance with the Council’s arrangements for Public Speaking at Planning Committee, representations were made as detailed below relating to the items in Paper PL/21/10 and the speakers responded to questions put to them as provided for under those arrangements.
It was RESOLVED
That subject to the imposition of conditions or reasons for refusal (whether additional or otherwise) in accordance with delegated powers under Council Minute No. 48(a) (dated 19 October 2004) decisions on the items referred to in Paper PL/21/10 be made as follows:-
Proposal Submission of details under Reserved Matters following approval of DC/19/05093 – Appearance, Layout, Landscaping, and Scale for commercial development for flexible employment use to enable changes in accordance with Part 3 Class V of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)] within use classes B1c (Business light Industry appropriate in a residential area), B2 (General Industry) and B8 (Storage and Distribution) of the Town and Country Planning (Use Classes) Order 1987 as amended.
Site Location WHERSTEAD – Land to the North and East of, Bobbits Lane, Wherstead, Suffolk
Applicant Pigeon (Wherstead) Ltd c/o Pigeon Investment Management Ltd
42.1 The Case Officer presented the application to the committee outlining the proposal before Members including: the layout and location of the site, and the officer recommendation of approval.
42.2 The case officer responded to questions from Members on issues including: the free port status of the application site, the landscaping on site, and who be responsible for determining the number of cycle parking spaces and electric vehicle charging points on site.
42.3 Members considered the representation from Andrew Filmore who spoke on behalf of the applicant.
42.4 The applicant responded to questions from Members on issues including: whether there were any prospective tenants to occupy the buildings, the provision of electric vehicle charging points on site, the potential for installation of PV panels, and the BREEAM (Building Research Establishment Environmental Assessment Method) rating of the buildings.
42.5 Councillor Barrett proposed that the application be approved as per the officer recommendation.
42.6 The motion was seconded by Councillor Beer.
42.7 Members debated the application on issues including: the provision of employment opportunities on the site, and potential traffic impact.
By a unanimous vote.
It was RESOLVED:-
That authority be delegated to the Chief Planning Officer to GRANT reserved matters, including the following conditions:-
· Approved plans
· Submission of details of cycle storage and spaces
· Submission of details of electric vehicle charging points
· Security measures implemented prior to first use of the site as shown on plan. Details of security management company to be submitted to LPA.
· East Suffolk Drainage Board comments
· SCC Floods and Water informatives
· Reserved matters should be read in conjunction with the Outline, including all conditions.
Proposal Planning Application - Erection of plant and machinery for development and operation of a standby energy generation facility (resubmission of withdrawn application DC/20/02035)
Site Location CHILTON – Land North East of, Church Field Road, Chilton Industrial Estate, Chilton, Sudbury, Suffolk
Applicant Balance Power Projects Ltd
43.1 A break was taken from 10:07 am until 10:12am, after application number DC/21/01073 and before the commencement of application DC/21/00357.
43.2 The Case Officer presented the application to the committee outlining the proposal before Members including: the contents of the tabled papers, the location and layout of the site, the purpose and use of the buildings on site, and the officer recommendation of approval.
43.3 The Case Officer responded to questions from members on issues including: how the hours of usage would be recorded, whether gas fuel is considered as a low carbon technology, and the weight given to the Governments white paper referred to in the committee report.
43.4 The Environmental Management Officer responded to questions from members on issues including: the initial objection to the proposal and reasons behind the change in that consideration.
43.5 The Case Officer responded to further questions from Members on issues including: what will happen to the site after 20-25 years of use, the number of houses benefitting from the energy generated by the site, and the reason for referral to the committee detailed in the report.
43.6 The Environmental Management Officer responded to questions from Members on issues including: whether any data was available relating to electrical outages in the area, and how many of these facilities would be built across the country as a whole.
43.7 Members considered the representation from Tony Foster who spoke on behalf of Chilton Parish Council.
43.8 The Parish Council representative responded to questions from Members on issues including: the planning policies used to base the Parish Councils objections on, whether the Parish Council had met with the applicants, and whether the Parish Council accepted the comments from the Statutory Consultees.
43.9 The Case Officer responded to questions from members regarding how the objections were submitted.
43.10 Members considered the representation from Robert Lindsay who spoke as an objector.
43.11 The objector responded to questions from Members on issues including: low carbon energy.
43.12 Members considered the representation from Robert Gandy who spoke as the agent.
43.13 The agent, and the applicant Jack Hulme, responded to questions from Members on issues including: whether there is any opportunity for the plant to be converted to an alternative fuel in the future, why this location was chosen, the amount of noise anticipated from the development, the hours of operation of the facility, how the hours of use would be monitored and limited, and whether the facility would operate every day or only when required.
43.14 Members considered the statement from Ward Member Councillor Margaret Maybury, which was read out by the Governance Officer.
43.15 Members considered the representation from Councillor Clive Arthey who spoke as a ... view the full minutes text for item 43.
Proposal Planning Application – Erection of 3no. solar PV carports with associated infrastructure including cabling to Leisure Centre, battery storage system and 5no. electric vehicle charging points
Site Location SUDBURY – Station Road Car Park, Station Road, Sudbury, Suffolk
Applicant Babergh and Mid Suffolk District Councils
44.1 A break was taken from 11:51am until 12:01pm, after application DC/21/00357 and before the commencement application DC/21/03599.
44.2 The Case Officer presented the application to the Committee outlining the proposal before Members including: the layout and location of the site, the proposed use, and the officer recommendation of approval.
44.3 The Case Officer and the applicants representative responded to questions from Members on issues including: the position of the carports within the car park and in relation to the lorry park and proposed health centre, whether the solar power generation capacity of the leisure centre is linked to the application, whether there would be any effect on the accessibility of the existing car parking spaces, and any potential removal of landscaping.
44.4 Councillor Beer proposed that the application be approved as set out in the officer recommendation.
44.5 Councillor Barrett seconded the motion.
44.6 The applicants representative responded to questions from Members on issues including: the capability of the structures to withstand extreme weather, the proposed type of charging points to be installed, car parking time constraints and charging levels, and how the location was selected.
By a unanimous vote
It was RESOLVED:
That the application be GRANTED planning permission and include the following conditions: -
1. ACTION REQUIRED IN ACCORDANCE WITH A SPECIFIC TIMETABLE: COMMENCEMENT TIME LIMIT
The development hereby permitted shall be begun not later than the expiration of three years from the date of this permission.
Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004
2. APPROVED PLANS & DOCUMENTS
The development hereby permitted shall be carried out in accordance with the drawings/documents listed under Section A above and/or such other drawings/documents as may be approved by the Local Planning Authority in writing pursuant to other conditions of this permission or such drawings/documents as may subsequently be approved in writing by the Local Planning Authority as a non-material amendment following an application in that regard. Such development hereby permitted shall be carried out in accordance with any Phasing Plan approved under Section A, or as necessary in accordance with any successive Phasing Plan as may subsequently be approved in writing by the Local Planning Authority prior to the commencement of development pursuant to this condition.
Reason - For the avoidance of doubt and in the interests of proper phased planning of the development.
3. REQUIREMENT FOR NOISE ASSESSMENT The development hereby approved shall not commence until full details of all plant to be installed including precise acoustic specification, as well as a noise assessment, to include details of the prevailing existing background level, to be ... view the full minutes text for item 44.
45.1 The Heritage and Planning Compliance Team Leader presented the urgent item to committee outlining the recommendation before Members including: the resolution made by the Planning Committee at the meeting on 14 July 2021, the reason for referral to Committee, and the officer recommendation detailed in the tabled papers.
45.2 The Heritage and Planning Compliance Team Leader responded to questions from Members on issues including: whether consultation had taken place with Ward Members and the Parish Council.
45.3 The Heritage and Planning Compliance Team Leader and the Planning Lawyer provided clarification of the implications of the recommendations.
45.4 Councillor Barrett proposed that the officer recommendation as detailed in the tabled papers be approved.
45.5 The Heritage and Planning Compliance Team Leader and the Planning Lawyer responded to questions from Members on issues including: the future actions and timescales should the recommend option be unsuccessful, and whether any of the other plots on site were occupied.
45.6 Members considered the representation from Ward Member, Councillor Melanie Barrett which was read out by the Governance Officer.
45.7 The motion was seconded by Councillor Hinton.
By a vote of 8 votes for 1 against
It was RESOLVED:
That the authority delegated to the Chief Planning Officer be amended as follows:
That delegated authority be given to the Chief Planning Officer to GRANT conditional planning permission as previously set out in the Minutes to the meeting held 14 July 20221 subject to the following amendment to clause  of that Minute and to the prior receipt of a suitable binding Section 106 planning obligation on those amended terms that in his opinion satisfactorily secures: …
7. the deposit into a bank account operated by the Council, or similar, of funds in the sum of £130,000 that the Council can draw down to undertake such work as may be required itself to monitor and implement the planning permission in the event of the applicant/developer defaulting or failing to follow the agreed timetable, and the transfer, without charge or encumbrance, to the Council of the freehold title to the two dwellings subject to the application/permission such that the Council can undertake such work as may be required itself to monitor and implement the planning permission in the event of the applicant/developer defaulting or failing to follow the agreed timetable, and to, upon completion, take the properties to market for sale.