Planning and Development Committee Minutes

Planning and Development Committee Minutes

Date:
Friday 22 June 2012
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Councillor G B Clark, Councillor J G Cole, Councillor P Cox, Councillor T Harvey, Councillor W Hawthorne, Councillor J Hobson, Councillor F McIntyre, Councillor P Purvis, Councillor P Sanderson
Officers:
B Carr, M Chilton, P Clarke, R Farnham, B Roberts and E Vickers
Apologies for absence:
Councillor S E Bloundele, Councillor J Brunton
Declarations of interest:

There were no declarations of interest at this point of the meeting.

Item Number Item/Resolution
PUBLIC
12/6 MINUTES - PLANNING AND DEVELOPMENT COMMITTEE - 25 MAY 2012

The Minutes of the meeting of the Planning and Development Committee held on 25 May 2012 were taken as read and approved as a true record.
 

Reports of the Head of Planning and Regeneration
12/7 SCHEDULE OF THE REMAINING PLANNING APPLICATIONS TO BE CONSIDERED BY COMMITTEE

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:

 

M/FP/0521/12/P - Single storey extension and detached garage at rear of 98 Oxford Road, Middlesbrough, for Miss A Sihra

 

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 prior to the meeting on 22 June 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 initially no objections had been received. However following publication of the report a letter objecting to the proposal had been received from the occupier of 96 Oxford Road, the details of which were advised to the committee. The Head of Development addressed the objections and comments received. Comments from the statutory authorities were also included in the report.

 

The applicant was in attendance and elected not to address the Committee.

 

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

 

M/FP/0418/12/P - Change of use from shop (a1) to hot food takeaway (a5) with flue to side at 70a Eastbourne Road, Middlesbrough for Mr P Connors

 

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 prior to the meeting on 22 June 2012.


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

 

Neighbourhood consultations had taken place and fourteen objections had been received, (all submitting the same letter) the detail of which was advised to the committee. Councillor Michna also objected to the application and the details of his objections were outlined to the Committee. Following publication of the report a petition containing 233 signatures and a further 17 representations (one of which was not signed), objecting to the proposal were received, the details of which were 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. The Head of Development addressed the further objections and comments received.

 

The applicant and his agent were present at the meeting and the agent elected to address the Committee. A number of objectors were also in attendance at the meeting and a representative on behalf of the objectors elected to address the Committee and spoke in opposition to the application.

 

ORDERED that the application be Refused for the following reasons:-

 

The proposed use was considered unacceptable in the Eastbourne Road local centre. It would introduce a further non-retail use within the shopping frontage and when considered with reference to the existing levels of vacancy and hot food shops/non-shop uses would further undermine the viability and vitality of the group. It would be to the detriment of the character and function of the area and thus be in conflict with Policy CS13 (test c - vitality/viability) and Policy REG29 (test d - vitality/viability) of the Middlesbrough Development Plan.


Reason for overturn


INFORMATIVE
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 Documents (SPD) and the particular circumstances summarised below:-


CS4 - Sustainable Development
CS5 - Design
CS13 - A Strategy for the Town, District, Local & Neighbourhood Centres
DC1 - General Development
REG29 - Local Centres


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 aware of the nature of the proposed change of use, the relationship of the premises to the local shopping group and the general vicinity of the premises. Members had also examined the general condition of the shopping group and nature of the uses within it. Having done so Members considered the proposed change of use unacceptable because it would increase the number of non-retail uses within the group and further detract from the range of available shop uses and general appearance of the area, which already had undesirable dead frontage caused by the shuttered fronts of either vacant or late opening hot food shops. The application was therefore refused.


M/FP/0512/12/P - Single storey extension to rear of 11 Ingleby Road, Middlesbrough, for Mrs S Singh

 

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 prior to the meeting on 22 June 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 an objection was received from the occupier of 9 Ingleby Road, the detail of which was advised to the committee. 

 

ORDERED that the application be Refused for the reasons set out in the report

 

M/GRG/0466/12/P - Extension to residential curtilage (plots 55,56,57,58,70,71,72 & 73 Southwood) Middlesbrough, for Middlesbrough Council

 

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 an objection was received from the occupier of 1 Fernwood, the detail of which was advised to the committee. Letters of support for the application had been received from the occupiers of 55 & 56 Southwood and a further letter reaffirming their support for the application from No 56 Southwood and a letter from No 58 Southwood in support of the application was received the detail of which was advised to the committee.

 

A query was raised regarding the fact that the land was subject to an application for registration as a village green. The Principal Legal Officer advised that the Council were within their legal rights to sell the land and the application for registration as a village green would run concurrent with the sale of the land.

 

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

12/8 APPLICATIONS APPROVED BY THE HEAD OF PLANNING AND 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

12/9 ANY OTHER BUSINESS - ACKLAM HALL

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

 

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/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

 

At the previous meeting of the Planning & Development Committee held on 25 May 2012, Members had been ‘minded to approve’ the above applications subject to the conditions as set out in the addendum to the reports (or any revised versions thereof) and subject to further discussion with English Heritage, the Council and the developers regarding the detailed wording of the conditions and the s106 agreement.

 

Members were advised that these discussions had now concluded and English Heritage had confirmed in a letter dated 21 June 2012 that they were satisfied with the protections put in place by the Council and the LPA through the use of a s106 agreement and conditions in respect of the three applications.

 

English Heritage still had concerns regarding condition no 30 in respect of the hybrid application (M/FP/1046/11/P) which related to the groundworks to the north of the Hall and any archaeological deposits, which may be found during construction. The LPA confirmed that they would continue to review the wording of this condition to determine whether any further amendments were necessary.

 

The letter from English Heritage dated 21 June 2012 concluded that their only remaining objection was in relation to the design of the proposed medical centre and further confirmed that English Heritage no longer formally objected to the conditions of the s106 agreement.

 

Members were advised that subject to the signing of the s106 agreement, formal approval to the applications could be granted. The applications would be reviewed in line with the legislation and policy in relation to consultation with the Secretary of State.

 

The Principal Legal Officer advised Members that the applications should be approved in the order as set out above.

 

ORDERED that the above applications be Approved subject to the signing of the s106 agreement and the conditions as set out in the addendum to the reports submitted to the Planning & Development Committee on 25 May 2012 (or any revised versions thereof) for the reasons set out in the report.

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