Planning and Development Committee Minutes

Planning and Development Committee Minutes

Date:
Friday 5 April 2013
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Cole (Chair), Brunton (Vice Chair); Councillors Clark, Cox, J Hobson, McIntyre and Sanderson
Officers:
B Carr, A Hughes, S Pearman and E Vickers
Apologies for absence:
Councillor W Hawthorne, Councillor P Purvis
Declarations of interest:

No declarations of interest were made at this point of the meeting

Item Number Item/Resolution
PUBLIC
12/47 MINUTES - PLANNING AND DEVELOPMENT COMMITTEE - 11 MARCH 2013

The Minutes of the meeting of the Planning and Development held on 11 March 2013 were taken as read and approved as a true record subject to the inclusion of Paul Clarke in the Officers attendance list.

12/48 SCHEDULE OF 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/0104/13/P - Erection of single storey changing pavilion at Playing Fields, St Mary's Walk, Acklam, Middlesbrough for Mr K Clark

 

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.

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 National Planning Policy Framework and the Local Development Framework.

 

Neighbourhood consultations had taken place and 18 letters of objection to the application and 8 letters of support had been received, the details of which were advised to the Committee. The Head of Development circulated a copy of 26 additional comments from residents detailed at Appendix 1 and further comments from Acklam Community Council, the Vice Secretary of Cleveland Juniors Football Club and a letter of support from a resident detailed as a Supplementary Planning Committee Note. There were no objections from the Statutory Authorities, however, the Council's Public Protection Service had suggested that a condition was required which restricted the operating hours of the function room.  

 

The Chair of Cleveland Juniors Football Club addressed the Committee and spoke in support of the application. The Ward Councillors for the Acklam Ward, Councillor Biswas and Councillor Lowes, addressed the Committee and spoke in support of 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/RES/0049/13/P - Reserved matters application for 77 no. dwellings and access at land off Low Lane, Brookfield, Middlesbrough for Mr S Barker 

 

The Head of Development advised Members that they had passed the application site when undertaking other site visits prior to the meeting.

 

The previous outline application for this site examined the principle of the erection of 77 no. residential dwellings on the site with all other matters reserved. However because of issues regarding access to the site, detailed specifications for the access point were submitted and considered as part of the outline application by the Highways Agency and the Local Highway Authority as part of the consultation process and subsequently by Members of the Planning Committee. An outline Planning application (M/OUT/0968/11/P) had been approved conditionally subject to a section 106 agreement in December 2011.

 

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 National Planning Policy Framework and the Local Development Framework.

 

Neighbourhood consultations had taken place and 8 letters of objection to the application and an objection from Brookfield Community Council and Brookfield Ward Councillors and Stainton and Thornton Parish Council were received, the details of which were advised to the Committee. There were no objections from the Statutory Authorities. 

 

The Head of Development advised Members of the Committee that the pedestrian footpath access would now link to Trimdon Avenue and the site would have its own separate access. Members were also advised that it was not possible to impose time restrictions on the completion of a development because completion was tied up with market demand. Any development was subject to a Code of Practice for construction.

 

A representative on behalf of Brookfield Community Council elected to address the Committee and spoke in objection to the application. The applicant elected to address the Committee and respond to the concerns of the Community Council.

 

The Head of Development reminded Members that the principle of the erection of 77 no. residential dwellings on the site had already been approved and the application M/RES/0049/13/P was to deal with the details of the development. The application had been referred to the department of the Secretary of State and they had confirmed that the Council was free to determine 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/0012/13/P - Retrospective change of use from agricultural land to stables and grazing including the erection of 1 no stable block at Stainton Vale Farm, Thornaby, Stockton on Tees for Mr G Rock

 

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.

 

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

 

Neighbourhood consultations had taken place and five objections to the application had been received, the details of which were advised to the Committee. Following consultation with the Statutory Authorities, NWA had advised that the proposed site for the stables was situated over a water main which crossed the site. After consultation with the architect and NWA a superceding plan was submitted which showed the relocation of the stables away from the water main. NWA had confirmed that the revised plan was acceptable and requested that should the application be approved, that a further condition be placed on the application.

 

An objector from The Granary elected to address the Committee in objection 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 with the addition of a further condition as follows:

 

Development shall not commence until a detailed scheme for the removal of the stables and the protection of NWL apparatus during construction of the development hereby approved has been submitted to and approved in writing by the local planning authority in consultation with Northumbrian Water. Thereafter the development shall take place in accordance with the approved details.
 

Reason: To ensure the NWL apparatus is not prejudiced by the development
 

M/FP/0141/13/P - 1.5 storey rear extension with dormer windows, conversion of attic with dormer windows at front and rear, new entrance drive, gates and pillars at 73 Cambridge Road, Linthorpe Middlesbrough for M Akram

 

M/CAC/0142/13/P - Part demolition of boundary wall to create new vehicle entrance at 73 Cambridge Road, Linthorpe Middlesbrough for M Akram

 

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 prior to the meeting.

 

Members were advised that both applications should be considered in conjunction with each other. Full details of the planning applications, plan status and relevant planning history were outlined in the report. The report contained a detailed analysis of the application and analysed relevant Policies from the National Planning Policy Framework and the Local Development Framework.

 

Neighbourhood consultations had taken place and an objection to the application had been received, the details of which were advised to the Committee.

 

ORDERED that both applications M/FP/0141/13/P and M/CAC/0142/13/P be Refused for the reasons set out in the report

 

M/OUT/0051/13/P - Outline application for student accommodation (up to 250 no. bedrooms) at Knights of St Columba, Site 3, Southfield Road, Middlesbrough for Empirica Investments Ltd 


The Head of Development advised that following a request from the applicant for an extension of time to renegotiate elements of the above planning application, the Council had agreed to defer the application in order to assess potential changes to the scheme. The application would therefore be submitted at a later date.

 

NOTED

 

M/FP/0198/13/P - Erection of 26 no. dwellings with associated access and parking at former Netherfields House, Fulbeck Road, Middlesbrough for Mr S Bell

 

The Head of Development advised Members that the above 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.

 

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

 

The Head of Development advised that the application had been received by the Planning Department and was due to be considered by Committee on 5 April 2013. However, at the previous meeting Members had considered an application from the same developer in relation to the Guide Dogs for the Blind building which was subject to external Government funding from the HCA. In order to access the funding the application required a s106 agreement to be signed by 28 March 2013. It was however unlikely that the s106 agreement would be completed by that date and as a consequence the developer wanted to transfer the external funding from the HCA to the Netherfields House application.

 

Members were advised that the Head of Development had consulted the Executive Member for Regeneration and it was anticipated that Government funds could be accessed for the Guide Dogs for the Blind application in the new financial year.

 

Due to the restrictive deadline for accessing the funds, the Head of Development advised that the two objections to the Netherfields House scheme had been addressed and the application was subsequently dealt with via Delegated Decision in conjunction with the Chair and the Vice Chair of Planning and Development Committee and the Ward Councillors.    

 

NOTED

 

M/FP/1251/12/P - Alterations to hipped roof to form gable and dormer window at rear at 353 Acklam Road for Mr D Bland

 

Members were advised that following a site visit carried out by the Committee on 11 March 2013, the Agent for the above application had challenged whether the above proposal required planning permission or whether it should be classed as permitted development. The application had been deferred so that legal advice could be sought on the issue.

 

The Council's Legal Department had subsequently advised that providing the volume of the proposal was less than 50 cubic metres, it would fall within the remit of Class B of the Town and Country Planning (General Permitted Development) (Amendment) (no 2) (England) Order 2008. Calculations had shown that the volume of the proposal was slightly less than 33 cubic metres and as a consequence the development was classed as permitted development and therefore did not require planning permission.

 

NOTED    

 

M/FP/0013/13/P - Dormer window to rear and bay window to front at 26 Grange Crescent, Marton, Middlesbrough for Mr J Taylor

 

The Head of Development reminded Members that the above application had been considered at the previous meeting of the Committee held on 11 March 2013. Members had determined that the application be refused because they considered that the proposed dormer window to the rear was unacceptable as the design was considered to be inappropriate on the part of the extended bungalow and would therefore be detrimental to the visual amenity of the locality and the neighbouring occupiers in particular. The proposal was also in conflict with policies DC1 (General Development) and CS5 (Design) of the Council's Local Development Framework.

 

The builder and the architect had subsequently revised the application to remove the dormer window from the scheme and replace it with two velux windows. As a consequence the revised application had been approved via delegated decision as the revision to the scheme was classed as a Non Material Amendment.

 

NOTED 

12/49 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
 

12/50 ANY OTHER BUSINESS

29 STATION STREET - DELEGATED DECISION - M/FP/0083/13/P

 

In response to a query with regard to M/FP/0083/13/P - approval of continued use as a temporary car park (2 years) at 29 Station Street, Members were advised that the Planning Inspector had overturned previous decisions to refuse applications for use as temporary car parks on the grounds that a temporary use as a car park was preferable to the land remaining vacant.

 

SPRINKLER SYSTEMS IN NEW HOMES

 

In response to a query with regard to any progress in including a requirement to install sprinkler systems into new homes; Members were advised that it would be within the remit of Building Control rather than Development Control to encourage applicants to include sprinkler systems in new homes, however the Council were unable to make this a statutory requirement.    

 

NOTED

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