Planning and Development Committee Minutes

Planning and Development Committee Minutes

Date:
Friday 25 May 2012
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Councillor S E Bloundele, Councillor J Brunton, Councillor G B Clark, Councillor J G Cole, Councillor P Cox, Councillor W Hawthorne, Councillor J Hobson, Councillor F McIntyre, Councillor P Purvis, Councillor P Sanderson
Officers:
B Carr, P Clarke, A Hughes, B Roberts, E Vickers and S Vickers
Apologies for absence:
There were no apologies for absence.
Declarations of interest:

 

Name of Member Type of Interest Item/Nature of Interest
Councillor J Hobson Personal/Non Prejudicial Interest Agenda Item 1
Objector known to Councillor
Councillor Sanderson Personal/Non Prejudicial Interest Agenda Item 3,4,5
Applicant known to Councillor and Councillor is member of medical practice
Item Number Item/Resolution
PUBLIC
12/1 MINUTES

The Minutes of the meeting of the Planning and Development Committee held on 27 April 2012 were taken as read and approved as a true record.
 

 

NOTED

 

12/2 SCHEDULE OF THE REMAINING PLANNING APPLICATIONS TO BE CONSIDERED BY COMMITTEE

PLANS

 

The Head of Development submitted plans deposited as applications to develop land under the Town and Country Planning Act 1990 and the Head of Development Control reported thereon.

 

SUSPENSION OF COUNCIL PROCEDURE RULE NO. 10 - ORDER OF BUSINESS

 

ORDERED that, in accordance with Council Procedure Rule No. 10, the Committee agreed to vary the order of business.

 

ORDERED that the following applications be determined as shown:

 

Councillor Sanderson declared a personal/non-prejudicial interest in respect of the following three Agenda Items.

 

M/CAC/1044/11/P - Demolition of east and west wings of Acklam Hall, teachers block and swimming pool. Restoration of features that interface with the Hall at Acklam Hall, Middlesbrough for Mr N Whittingham

 

M/LBC/1045/11 - Demolition of east and west wings of Acklam Hall, teachers block and swimming pool. Restoration of features that interface with the Hall at Acklam Hall, Middlesbrough for Mr N Whittingham

 

M/FP/1046/11/P - Hybrid application for 56 no. dwellings, doctors surgery and parking. Outline nursing home, works to hall including extension and restoration and landscaping at Acklam Hall, Middlesbrough for Mr N Whittingham

 

The Head of Development advised Members that the above applications had been identified as requiring a site visit by members of the Planning and Development Committee. Accordingly a site visit had been held on 24 May 2012 for members to look at the overall development plan in relation to the Hall and the grounds. The Head of Development advised that the Committee would deal with all three of the above applications together.

 

Full details of the planning applications, plan status and planning history were outlined in the report. Neighbourhood consultations had taken place and approximately 250 letters of consultation had been distributed. Following the initial consultation exercise, 5 objections were received from residents and the grounds for their objections were summarised in the report.

 

Acklam Community Council had also been consulted on the applications and overall they had offered no objection to the scheme although one resident had indicated concerns regarding the removal of some of the trees. Acklam 2020 had not submitted any formal comments to the applications, however they did express their overall support for the scheme but indicated that they had concerns regarding the removal of some of the trees, the boundary enclosures around the site and the proposed housing and the security risk at the rear of the dwellings that abutted the woodlands.

 

The Head of Development circulated a summary of a further 18 objections to the proposal which had been received from residents since the completion of the Committee report. Members were also advised that another late objection had been received from the Chair of the Liberal Democratic Party for East Cleveland with regard to the removal of trees.


A copy of the revised suggested planning and listed building and conservation area conditions were circulated by the Head of Development at the meeting. Members were advised that there had been a great deal of compromise required in order for the scheme to be acceptable to all the different parties involved including the developer, the Council and English Heritage.

 

The reports contained a detailed analysis of the applications and analysed relevant Policies from the Local Development Framework. Members were advised that a number of the objections referred to the removal of trees. The applicant had submitted a tree survey and tree plan as part of the applications which detailed that a number of the trees that had been identified for removal were damaged through the lack of any management of the trees over the years.

 

The applicant was in attendance and chose to address the Committee in relation to the details of the scheme. Members were advised that the scheme included the restoration of Acklam Hall, the creation of a restaurant and hotel within the hall, the development of a medical centre at the rear and the erection of 56 executive houses in the grounds of the hall.

 

Members were advised that the applicant had agreed to pay a Bond of £1m to secure the early repair of the Hall. The applicant’s planning consultant also elected to address the committee and advised that the scheme aimed to retain the heritage of Acklam Hall and its grounds. He advised that there would be a long term management plan for the woodland trees and landscaping and finance would be provided for improvements to the Avenue of Trees and improvements to the drainage system for the trees. The buildings to be demolished were previously used by Middlesbrough College and were unsightly and no longer required.

 

The two Ward Councillors for Acklam addressed the Committee and spoke in support of the applications. An objector elected to address the Committee and advised that although he supported the overall scheme he had concerns regarding the number of trees to be removed. The objector suggested that the developer revise the scheme to build fewer houses in order to reduce the number of trees to be removed. The applicant advised that the infrastructure costs had been built into the scheme and the loss of any houses would affect the financial viability of the scheme.

 

The Conservation Team Leader English Heritage North East advised that English Heritage still maintained its objections in relation to the design of the proposed medical centre and the organisation still held concerns regarding the ability of the proposed scheme to bring about the early restoration of the hall and the long term management of the site. English Heritage still had concerns regarding the drafting and wording of the S106 agreement and the draft conditions. The Conservation Team Leader English Heritage North East requested that if the Committee were minded to grant the outline applications that the Council allow a period of time for the developer and English Heritage to overcome any differences of opinion with the applications. Members were requested that should the outcome of the negotiations fail to secure the future of the Hall, that the Council notify English Heritage.

ORDERED that Members be ‘minded to approve’ the applications, for the reasons as set out in the reports and subject to:

 

(a) The conditions as set out in the addendum to the reports (or any revised versions thereof);

(b) The completion of a Section 106 Agreement under the Town and Country Planning Act 1990 (as amended), to secure the developer contributions/commitments; and

(c) The referral of these applications to the Secretary of State for consideration, in view of the historic significance of the site and grade 1 listed building together with the partial ownership of the site by Middlesbrough Council.

 

Councillor Hobson declared a personal/non-prejudicial interest at this point of the meeting in the following Agenda Item.

 

M/FP/00351/12/P - Erection of 2 no. dwellings at rear of 51 Acklam Road, Middlesbrough, for Mr A Hussain

 

The Head of Development advised Members that this application had been identified as requiring a site visit by members of the Planning and Development Committee. Accordingly a site visit had been held on 24 May 2012.

Full details of the planning application, plan status and planning history were outlined in the report. The report contained a detailed analysis of the application and analysed relevant Policies from the Local Development Framework.

Neighbourhood consultations had taken place and a petition containing 31 signatures and three objections from residents had been received objecting to the proposal, the details of which were advised to the committee. Comments from the statutory authorities were also included in the report.

 

The applicant’s representative was in attendance and elected to address the Committee. An objector was also in attendance at the Committee elected to address the Committee and spoke in opposition to the application.

 

ORDERED that the application be Approved subject to the conditions included in the report for the reasons set out in the report

 

M/FP/0395/12/P - Erection of 1.2m high boundary fence at 4 Harvington Chase, Coulby Newham, Middlesbrough for Mr C McDonald

 

The Head of Development advised Members that this application had been identified as requiring a site visit by members of the Planning and Development Committee. Accordingly a site visit had been held on 24 May 2012.

Full details of the planning application, plan status and planning history were outlined in the report.

 

Neighbourhood consultations had taken place and one objection was received, the detail of which was advised to the committee. The report contained a detailed analysis of the application, addressed the objections and comments and analysed relevant policies from the Local Development Framework.

 

ORDERED that the application be Refused and Enforcement Action taken for the removal of the fence for the following reasons:-

 

The proposed fence is considered unacceptable as its design and location comprises a visually intrusive feature within the street scene and as such is detrimental to the visual amenities of the locality and would be in conflict with Policies DC1 (General Development, tests b & c) and CS5 (Design test c) of the Council's Local Development framework.

 

Planning permission was refused for the development because it was not in accordance with Section 38(6) of the Planning & Compulsory Purchase Act 2004 or the policies of the Middlesbrough Development Plan set out below or all material considerations, including Supplementary Planning Guidance (SPG) and the particular circumstances summarised below:-

 

DC1 - General Development

CS5 - Design

 

In reaching this decision the Planning and Development Committee were mindful of the particular circumstances of this application, namely that having carried out a Committee site visit Members were fully conversant with the design of the fence as existing on the site and were also able to assess the visual impact of the fence within the street scene and the general locality. Having done so, Members considered the fence to be both an unacceptable and inappropriate design and its location had an intrusive affect on the appearance of this section of the estate. The application was therefore refused.

 

 

MINUTES - PLANNING AND DEVELOPMENT COMMITTEE

 

The Head of Development advised members that a complaint had been received regarding the content of the minutes of the Planning and Development Committee held on 5 April 2012. The complainant had raised concerns that the minutes were not a detailed record of the proceedings of the Committee.

 

Members were advised that the full detail of each planning application was usually included in the planning report and the minutes of the meeting were intended to be a summary of the proceedings of the Committee and a record of the decision in respect of each planning application. Members agreed the above format for minutes was the correct approach.

 

A Member requested that officers follow the standardised format for reports to include paragraph and page numbers.

 

NOTED

 

12/3 PLANNING APPEAL

The Director of Legal and Democratic Services presented a report to advise Members of the findings of the Inspectorate appointed by the Secretary of State for the Environment, Transport and the Regions, with regard to the following appeals: -

 

M/FP/0785/11/P - Site at 7 Bedford Road, Nunthorpe -- Erection of 2no. semi-detached dwelling houses with associated access and car parking

 

Decision - Appeal dismissed

 

M/FP/0785/11/P - Site at 10 Ravenscroft Avenue -- First floor only extension to rear, single storey extension to side

 

Decision - Appeal dismissed

 

A copy of the Appeal Decision notice from the Planning Inspectorate for each appeal was attached to the report for Members’ information.

 

ORDERED that the report and its contents be noted.

12/4 APPLICATIONS APPROVED BY THE HEAD OF PLANNING & REGENERATION

The Head of Development submitted details of planning applications which had been approved to date in accordance with the delegated authority granted to him at Minute 187 (29 September 1992).
 

NOTED

12/5 ANY OTHER BUSINESS - M/FP/0421/12/P - SINGLE STOREY EXTENSION TO REAR TO PROVIDE DISABLED PERSONS FACILITIES - 77 WELLESLEY ROAD, MIDDLESBROUGH

M/FP/0421/12/P - Single storey extension to rear to provide disabled persons facilities at 77 Wellesley Road, Middlesbrough for Mr H Rehman

 

Full details of the planning application, plan status and planning history were outlined in the report. Neighbourhood consultations had taken place and no objections to the application had been received. There were no statutory authorities consulted in relation to this application.

 

The report contained a detailed analysis of the application, addressed the objections and comments and analysed relevant policies from the Local Development Framework.

 

ORDERED that the application be Approved subject to the conditions included in the report, for the reasons set out in the report.
 

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