Venue: Council Chamber, Council Offices, Corks Lane, Hadleigh
Contact: Committee Services
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DECLARATION OF INTERESTS BY COUNCILLORS Minutes: None declared. |
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CHAIRMANS ANNOUNCEMENTS Minutes: The Chairman referred to the recent death of the wife of former Councillor Brian Lazenby. |
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LEADERS ANNOUNCEMENTS Minutes: Jennie Jenkins, Leader, launched the End of Year Report outlining the achievements of the Council over the past year. The report outlined the Council had built new homes, set up the new Shared Legal Service and had undertaken a new capital investment strategy enhancing the core services of the Council. |
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TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULES In accordance with Council Procedure Rule No. 10, the Chief Executive will report the receipt of any petitions. There can be no debate or comment upon these matters at the Council meeting. Minutes: None received. |
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QUESTIONS BY THE PUBLIC IN ACCORDANCE WITH COUNCIL PROCEDURE RULES The Chairmen of Committees to answer any questions by the public of which notice has been given no later than midday three clear working days before the day of the meeting in accordance with Council Procedure Rule No. 11. Minutes: None received. |
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QUESTIONS BY COUNCILLORS IN ACCORDANCE WITH COUNCIL PROCEDURE RULES The Chairman of the Council, the Chairmen of Committees and Sub-Committees and Portfolio Holders to answer any questions on any matters in relation to which the Council has powers or duties or which affect the District of which due notice has been given in accordance with Council Procedure Rule No. 12. Minutes: In accordance with Council Procedure Rule No. 12, Councillor Alastair McCraw, Ward Member for Alton had given notice of his intention to ask a question at the meeting. As Councillor McCraw was unable to be present on the day, his question was read out by the Chairman:
“Planning Application B/15/01737, granted under delegated authority on the 4th April 2016, had a completed Section 106 Agreement with provision for FOUR units of affordable housing. This provision had received support from myself as local member, the Parish Council, and even the original objectors.
A Deed of Variation was signed on the 3rd May, 2017 which replaced Schedules 2 and 4 dealing with the affordable housing with a commuted sum of £250,000 in lieu.
What was the basis for this substantive change to the Permission and its associated agreements and why were the Ward members not kept actively informed?”
Councillor Lee Parker, Cabinet Member for Planning replied as follows:-
“Planning permission B/15/01737/FUL was granted for the “Erection of 13 No dwellings, including a new vehicular access. As amplified by the addendum to the supporting statement by LSR Solicitors, received 4 February 2016 and Drainage Strategy by Ken Rush Associates dated February 2017”. As an application for less than 15 dwellings the application was eligible to be decided under delegated authority and the application was not determined at Committee. The permission was subject to a Section 106 to secure affordable housing executed in April 2016.
In late 2016 the applicant sought a deed of variation to the Section 106 to vary the affordable content of the proposal and to lift the “staircasing” restriction in the Section 106 which was noted to be an obstacle to lenders. The applicant made reference to drainage and other infrastructure costs which had not been foreseen. Negotiations were undertaken including the Housing Enabling team and the Council’s viability adviser to explore viability issues and ensure the development did not stall. Negotiations explored offers received from registered providers materially below cost price and the option to alter the expected tenure. Agreement was reached between the senior planning case officer and Housing Enabling colleagues as to an acceptable compromise. The senior planning case officer issued instructions to the legal service authorising the change as a delegated decision having regard to the viability evidence. A deed of variation was executed in May 2017 which substituted a financial contribution for the affordable housing provisions in the original Section 106 and as this represented a pragmatic approach to prevent the site being stalled.
The National Planning Policy Framework paragraph 205 advises that where obligations are being sought or revised local planning authorities should take account of changes in market conditions over time and wherever appropriate be sufficiently flexible to prevent planning development being stalled.
Variations of Section 106 are not the subject of statutory requirements regarding consultation and publicity and this remains a matter of discretion on a case by case basis. The evaluation of viability matters is an issue which government has sought ... view the full minutes text for item 28. |
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BC/17/10 BOUNDARY REVIEW - RESPONSE TO STAGE ONE CONSULTATION ON WARDING PATTERNS PDF 141 KB Leader of the Council – Jennie Jenkins Additional documents:
Minutes: Jennie Jenkins, Leader of the Council introduced the response to Stage One of the Boundary Review on Warding Patterns. She explained that the two proposals had been developed through a series of workshops and meetings with Councillors and proposed recommendations 2.1 and 2.2 in Paper BC/17/10, which were seconded by Councillor Peter Patrick.
Councillor Jenkins and Emily Yule, Assistant Director – Law and Governance, responded to matters raised by Members during their discussion and clarified that the first proposal was from the administration group and the second was a cross party proposal that had been created by the task and finish group.
During the debate that ensued Members considered the option of sending only one proposal to the Boundary Commission. In response to a query about the role of multi-member wards the Assistant Director – Law and Governance responded that the Boundary Commission did not have any powers to amend Parish Boundaries and can only recommend amendments to the District Council.
It was agreed that the vote on the recommendations in paragraph 2 of Paper BC/17/10 would be taken separately. A demand for a recorded vote was received in accordance with Council Procedure Rule No 18.5.
The result of the recorded vote on recommendation 2.1 was as follows:-
The result of the recorded vote was 26 Members in favour of recommendation 2.1 with 3 Members against and 3 abstentions.
The result of the recorded vote on recommendation 2.2 was as follows:-
The result of the recorded vote was 29 Members in favour of recommendation 2.2 with 1 Member against and 2 abstentions.
RESOLVED
(1) That the two proposals as set out in the Appendices to Paper BC/17/10 be submitted as Babergh District Council’s response to the consultation.
(2) That the Chief Executive be authorised to submit the consultation response on behalf of the Council, and to include any relevant information arising from the Council’s debate which provides further context and rationale behind the proposals. |
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Cabinet Member for Planning – Lee Parker Additional documents: Minutes: Lee Parker, Cabinet Member for Planning, introduced Paper BC/17/11 that a planning application had been received for the former Manganese Bronze Site (also known as Elton Park) that crossed the boundaries of Babergh and Ipswich Borough Council. Councillor Parker proposed that Babergh District Council devolve to Ipswich the discharge of Planning Control Functions to determine the cross-boundary application and was seconded by Councillor Simon Barrett.
Natalie Webb, Development Management Officer – Growth and Sustainable Planning, responded to Members’ questions on the Community Infrastructure Levy and that the plans will be presented to the Planning Committee for comments on the application.
RESOLVED
That the discharge of Babergh District Council’s planning control functions under Section 70 (1) (Part III) of the Town and Country Planning Act 1990 to determine a cross boundary planning application in relation to land at the Former Manganese Bronze Site (also known as Elton Park Works) in respect of the land within the Babergh District Council administrative area and its functions under section 106 of the same Act to negotiate the terms of any necessary planning obligation subject to this Council’s final approval be devolved to Ipswich Borough Council. |
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APPOINTMENT OF COUNCILLORS TO COMMITTEES Recommended
That the following appointment is made to
Planning Committee Simon Barrett (Replacing Sue Burgoyne)
Leader of the Council – Jennie Jenkins Minutes: RESOLVED
(1) That Simon Barrett be appointed to Planning Committee (replacing Sue Burgoyne).
(2) That Sue Burgoyne be appointed to the vacancy on the Joint Audit and Standards Committee.
(3) That Nick Ridley, previously appointed as the Joint substitute member on the Suffolk Health and Well-Being Board be appointed to the Board as the Babergh representative. |