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To: Babergh District Council Planning Committee

Cuckoo Hill, Bures: Retrospective planning permission should not be granted for new applications

We the undersigned ask that Babergh District Council Planning Committee does not grant Retrospective Planning Permission for S73 Applications DC/19/01422, DC/19/01427 & DC/19/01428

Why is this important?

A developer has knowingly built 6 houses in breach of planning permission. In July 2018 an application for retrospective planning permission was refused by the Planning Committee. Work has continued on site and now 3 new applications for retrospective planning permission for Plots 1-4 have been submitted. The developer has ignored local concerns, intimidated residents and run rough shod over neighbours by continuing to build houses both higher than approved and closer to neighbours. The new properties dominate the skyline and overshadow original houses and gardens intruding on residents’ privacy.

We ask Babergh District Council Planning Committee to stick to the decision made in 2018 and refuse retrospective planning permission for the site.

East Anglian Daily Times (2/4/19): https://www.eadt.co.uk/news/residents-concern-over-new-planning-applications-for-controversial-homes-in-suffolk-village-1-5973413

Suffolk Free Press (4/4/19): https://www.suffolkfreepress.co.uk/news/revised-plans-for-controversial-housing-site-in-bures-reignite-concerns-9066380/

JAMES CARTLIDGE MP speaking in the House of Commons housing debate about Cuckoo Hill. PARLIAMENTLIVE.TV (16/5/18)
https://parliamentlive.tv/event/index/ac3cf88f-3a45-457b-81db-b9376d996dd5?in=18:28:47&out=19:00:00

ITV News Anglia (16/5/18): www.itv.com/news/anglia/2018-05-15/community-claims-planning-system-run-by-developers-in-suffolk-housing-row/

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Updates

2020-09-25 18:53:28 +0100

Cuckoo Hill Planning Inquiry to be held Tues 6 Oct to Fri 9 Oct 2020.
The Planning Inspectorate has confirmed that the Inquiry will be held virtually on Microsoft Teams.
Members of the Public can join the Inquiry as an observer or as a speaker. To show our ongoing concern we need our local community represented at all sessions. We are suggesting that all those attending the Inquiry should wear a red top (tee shirt, shirt, blouse, jacket or whatever.)
Register to observe or speak by email to Eleanor Morris at [email protected]
Planning Inspectorate Ref: APP/D3505/C/19/3237898, APP/D3505/W/18/3215428, APP/D3505/X/19/3221710, APP/D3505/X/19/3221712, APP/D3505/X/19/3221853, APP/D3505/X/19/3221857, APP/D3505/X/19/3221927

2019-10-11 20:24:30 +0100

10 Oct - Keep Bures Beautiful
Thank you to everyone who has donated. We have received donations to the extent that it was felt that we should “go for it”. Paperwork finished by the deadline plus a visit to the High Court, London. We now wait to see that the papers are acceptable to the Court, the application will then be reviewed by a Judge. We have raised just over £5,000. In a worst-case scenario (we lose and need to pay costs), we may need up to £11,000. We have requested Aarhus convention damages rules – if were we to lose then we would have a set limit of costs that could be recovered from us. In short, fund-raising needs to continue. We are just over halfway to our initial target. If you are still thinking about donating, then please do so – if we win you should get a good proportion (hopefully 90%) of your money back. Finally, a big thank you to everyone who has donated. The help and encouragement has really spurred us on! Kenn, Clare, Carol and David.

2019-10-11 20:19:32 +0100

8 Oct - Keep Bures Beautiful: It is our view Babergh Planning Committee approval of Plots 1-4 Cuckoo Hill has seriously damaged any prospect Plots 5&6 demolition, now site levels, building positions & building heights are all approved for plots 1-4. Stemar, it seems, have now reviewed their Appeal, (Nov ‘19), have removed Plots 1-4 from the appeal, and put forward what appear to be strong arguments for retaining ALL 6 plots. The only way to prevent this is a Judicial Review of the decision. There are what appear to be serious irregularities in the docs. submitted by the applicant, and mis-direction of the Planning Committee by Babergh Officers, & failure of Councillors to fulfil a Statutory Duty and mis-application of Planning Law to the application put before the Planning Committee. Donations are required on a “a return if not used” basis.
to [email protected] ) or directly to The Barclays Bank Account No. 1016 4887 Sort Code 20 - 22 - 67 The account is solely for this purpose.

2019-10-05 21:26:33 +0100

Update from Keep Bures Beautiful : Justice for Cuckoo Hill. To challenge BDC approval Plots 1-4 on the Cuckoo Hill site, an official complaint & a formal meeting with Officers is in place, these are both likely to be too slow to reverse the decision. We are looking to apply for a Judicial Review (JR). If this were to fail then we may be liable for court costs capped at £5000. To undertake the JR paperwork ourselves (with professional advice) costs £1200, a full barrister version about £12,000 inc. VAT.
To share the risk we need to raise the £5000 required. Funds held by a Church Minister & money would be returned to donors if the case is won.
All offers welcome!! There’s a very good prospect of getting it back! We then need to raise £1200 or more to fund the action.
Please email [email protected] to pledge a donation

2019-10-05 21:08:03 +0100

On the 28th August BDC Planning Committee voted to approve Plots 1-4. A decision that makes a mockery of the planning system.A close vote of 5-6 We instructed a a specialist Planning Solicitor and ourselves, the Parish Council, Keep Bures Beautiful, many other hard working individuals provided detailed information direct to the Committee evidencing issues and planning law that could be used to reject the applications. However the meeting & case officers report was full of misleading information, blatant lies and falsified documents. It looked very much like a predetermined outcome with key data eg increased heights of buildings suddenly reduced from 2.6m to 1.2 feet!!!!
You can watch the full meeting via https://youtu.be/6Ahvk8-7Uog
Reported in local press:
https://www.suffolkfreepress.co.uk/news/controversial-homes-in-bures-st-mary-approved-one-year-after-previous-plans-refused
https://www.eadt.co.uk/news/controversial-homes-plan-approved-in-bures-by-council

2019-08-25 16:18:00 +0100

This petition was submitted to Babergh District Council. I am furious to say it has been refused by Committee Services, citing it is in the wrong format and even with full postal addresses can only be signed by people with confirmation they live, work or study in Babergh District.

Not only is this silencing people’s view but if followed it would rule out half the community directly affected by the development. Bures straddles the River Stour and half the village falls under Braintree District.

This is also in stark contrast to the response given previously: The 2018 petition against the 2018 application was in an identical format & accepted without question and announced at the start of the Planning Committee meeting. Those applications were unanimously refused.

The only difference this time is the Case Officer recommendation is to APPROVE the applications in question!

2019-08-23 23:15:57 +0100

9am Weds 28 Aug. Cuckoo Hill: Come to show your concern in person at the BDC Planning Committee Meeting. The Case officers recommends APPROVING all 3 applications Plots 1-4. The final decision will be made by the Planning Committee on the day. As an independent body they do not have to agree with the case officer recommendation, but often do so we need to be there to show the view of Bures cannot be ignored! ITV, local press & speakers include the Case Officer, Committee questions, Parish Council, Neighbours and the Developers Barrister.
Public are welcome & can come and go at any time. There’s a large lobby where children & parents could pass the time until the decision is made. Or you could just come for the photo & intro then leave. How ever long you have your time would be well spent!
Meeting at 9am at Endeavour House, 8 Russell Rd, Ipswich IP1 2BX
The nearest car park is on West End Road £2/2hrs https://www.ipswich.gov.uk/content/about-ipswich-village-car-park

2019-08-05 15:05:36 +0100

Babergh DC have confirmed the Appeal by the developer against the decision re. the 5x Lawful Development Certificates & the whole site application all refused last year. This is separate to the current applications being considered, but any Plots granted planning permission on Wednesday 28th August will be taken OUT of this Appeal.
Comments from the public made in 2018 will be forwarded to the Planning Inspectorate but any objections from the more recent 2019 applications will NOT be included:
Your comments can be posted to the Planning Inspectorate ref:
DC/18/04205 Appeal ref. APP/D3505/X/19/3221710
DC/18/04208 Appeal ref. APP/D3505/X/19/3221712
DC/18/00929 Appeal ref. APP/D3505/X/19/3215428
DC/18/04206 Appeal ref. APP/D3505/X/19/3221857
DC/18/04231 Appeal ref. APP/D3505/X/19/3221927
DC/18/04204 Appeal ref. APP/D3505/X/19/3221853
to: The Planning Inspectorate, Room 3B, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.
Closing date Monday 26 August 2019

2019-08-05 14:50:52 +0100

Thank you so much to everyone who joined the protest, 100+ people is an amazing turnout & a great way to again(!) show BDC the strength of concern we still(!) have. We made ITV 6 o’clock news & Suffolk Free Press too ...
https://www.suffolkfreepress.co.uk/news/villagers-gather-in-show-of-solidarity-against-controversial-homes-in-bures-st-mary-9078299/?fbclid=IwAR3sF1Q9K1wJS1RD-iKRM6PG3K5bcFTI8G5VRwelG287a1Q4xugSxG98Ufc

2019-07-24 23:23:35 +0100

** Cuckoo Hill : 2019 Planning Committee Site Visit **
BDC Planning Committee will be visiting Cuckoo Hill on Wednesday 31 July '19 (at approx. 9.30am).
As before, due to protocol we are not able to ask questions or communicate directly with members of the planning committee; but it is important we show the strength of concern still felt in Bures through a second SILENT protest.
Please share with others not on Facebook & thank you again for your continued support.

2019-06-28 22:04:54 +0100

New petition to sign : No confidence in BDC Planning & Enforcement https://you.38degrees.org.uk/petitions/no-confidence-in-planning-or-enforcement-at-babergh-district-council?bucket&source=facebook-share-email-button&time=1561736275&fbclid=IwAR2HVH9vhHUyYIbdRaH0qMCmShGVaKvuXCOwVw_LuwrNaeyA6TLUetlqRg4

2019-06-28 22:03:56 +0100

New petition to sign https://you.38degrees.org.uk/petitions/no-confidence-in-planning-or-enforcement-at-babergh-district-council?bucket&source=facebook-share-email-button&time=1561736275&fbclid=IwAR2HVH9vhHUyYIbdRaH0qMCmShGVaKvuXCOwVw_LuwrNaeyA6TLUetlqRg4

2019-05-14 23:45:13 +0100

Dear Friends,

Thank you for your signature! An update: The site has been fully open again since 2/4/19, builders working 6 days a week across all plots, electric & water now installed, all sites being landscaped. The developer seems confident in getting the latest set of applications approved. There has been no changes to the height or position of the houses.

The new S73 retrospective applications are for planning permission for individual plots and do not propose any changes to the houses as built. Instead they are another planning loophole; they are a way of splitting the site up to get approval on part of the site.

If you would like to submit a comment please click on the link below & search 'cuckoo'
https://planning.baberghmidsuffolk.gov.uk
It's the second on the list: Application Ref: Plot 1&2 DC/19/01422

Or via [email protected]
Deadline 28th May 2019

The support received has been amazing and we thank you all again! #keepburesbeautiful

2019-04-25 10:12:17 +0100

100 signatures reached

2019-04-25 07:08:16 +0100

50 signatures reached