Judicial Review (JR) CO/2375/2016

Councillors recently had a briefing on the outcomes and potential impact of the JR relating to East Bergholt Parish Council’s claim against Babergh DC and the planning permission given with respect to 10 single-storey dwellings for the over-55’s on a site off Hadleigh Road between two listed buildings – Gatton House and The Gables. (Ref. No: B/15/01678).  There were four challenges. The one upheld, concerned proven local need, and how this is defined. Babergh has specific policies relating to land outside a settlement’s built up area boundary – such as. a “core village” like East Bergholt or Capel St Mary.

That permission has now been quashed. At some stage the application should be re-heard.  The implications of the ruling mean that other development applications currently tabled (there are 14 at present) are now subject to further consideration.  Two significant applications in Capel St Mary are within this group.  Many residents will have noted, a duplicate application from Hopkins Homes relating to 100 homes on land North and West of Capel Community Church, Days Green, in Capel St Mary, has been submitted, (Ref. No: B/17/00122.) The original application (Ref. No: B/16/01365) is unlikely to be decided within the accepted time frame.  Residents are advised that any comments made to the first application need to be re-submitted.

The issues for the core and hinterland villages arise from policies originally intended to remove the shackles from settlements where some development was desired but prohibited under older regulations.  Unfortunately these policies – together with a some sites identified, (but not “allocated”) under the Strategic Housing Land Availability Assessment, have invited applications in locations which are more opportunistic than strategic. At this time, we have no indication of when two major applications in Capel St Mary will be decided, but site visits and referral to committee have been requested, and they are likely to be heard in due course on the same day.

There is another JR pending for development in Bildeston, but a third, relating to HMS Ganges has been rejected.

I am pressing for an acknowledgement that combinations of applications have a cumulative impact on infrastructure and that random, windfall development proposals are not in the best interests of our communities.

Civil Parking Enforcement in Suffolk

Parking enforcement powers are presently vested in the Police but are to be transferred to Suffolk County Council. Parking offences are a low priority for the police whose resources are better directed elsewhere.  Babergh have agreed that a working group should be set up to develop the case for a whole system approach to on- and off-street parking across the county. Implementation should be from Spring 2019, and be much more robust and effective than is currently the case. The responsibility will rest with SCC but Ipswich BC, West Suffolk and East Suffolk will undertake the enforcement for the whole county. Babergh does not anticipate significant additional costs impacting on the budget.