Planning and Development Committee Minutes

Planning and Development Committee Minutes

Date:
Friday 27 April 2012
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

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

 

Name of Member Type of Interest Item/Nature of Interest
Councillor Bloundele Personal/Non Prejudicial

Agenda Item 3

Objector known to Councillor

Councillor Sanderson Personal/Non Prejudicial

Agenda Item 5

Agent known to Councillor

Item Number Item/Resolution
PUBLIC
11/985 MINUTES OF THE PLANNING AND DEVELOPMENT COMMITTEE HELD ON 5 APRIL 2012

The Minutes of the meeting of the Planning and Development Committee held on 5 April 2012 were taken as read and approved as a correct record.

11/986 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:

 

M/FP/0178/12/P - Two storey extension to side, detached garage to side and erection of boundary wall/railings to front at 1 Adcott Road, Middlesbrough, for Mr Matloob Ahmed

 

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. Neighbourhood consultations had taken place and two objections to the proposal had been received from residents. As a result of the representations, the applicant had amended the planning application to move the garage further back to avoid overlap with the neighbouring property’s side elevation windows.

 

The report contained a detailed analysis of the application and analysed relevant Policies from the Local Development Framework. Members were advised that one of the objections referred to possible damage to a cherry tree caused by the construction of the development however the Head of Development confirmed that the cherry tree was situated on the highway outside of the application site. The applicant had also submitted a tree report as part 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.


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

 

M/FP/0214/12/P - Two storey and single storey extensions to rear of 31 Emerson Avenue, Middlesbrough, for Mr S Rashid

 

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 Local Development Framework.

Neighbourhood consultations had taken place and six 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 was in attendance and chose to elect the Committee. An objector elected to address the Committee and spoke in opposition to the application.

 

ORDERED that the application be Refused , for the following reason:-

 

The proposed extension by reason of its size and location would be detrimental to the visual amenity of the adjacent occupiers and it is considered to be excessive and overbearing, in conflict with the principles of the National Planning Policy Framework and Policies DC1 & CS5 in the Council’s Local Development Framework.
 

The development 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
CS4 - Sustainable 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 site visit Members were fully conversant with the details of the proposed development and the relationship with the adjoining properties. Having done so, Members considered the extension would be overbearing and excessive, particularly having regard to the impact on the dining room window to the adjacent property (No 29).

 

M/FP/0283/12/P - Erection of 1.5 storey dwellinghouse at 32 Cedar Drive, Middlesbrough for Miss L Thrower

 

Full details of the planning application, plan status and planning history were outlined in the report. Neighbourhood consultations had taken place and four objections 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 applicant was present and elected to address the committee. The Ward Councillor was in attendance at the meeting and elected to comment on the application. Members were advised that in accordance with the National Planning Policy Framework the application site was located within the limits to development boundary and the application was acceptable in terms of sustainable development.

 

ORDERED that the application be Approved subject to the conditions included in the report for the reasons set out in the report and the inclusion of the following additional condition:

 

Notwithstanding the provisions of the Town & Country Planning General Permitted Development Order 1995 Part 1 Class E (or any order revoking or re-enacting that Order) no buildings within the curtilage of the dwelling shall be erected without the submission and determination of a planning application for such development

 

Reason: To ensure a satisfactory form of development and for the avoidance of doubt

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

 

M/FP/0288/12/P - Erection of 1 no detached dwellinghouse at Plot 9 Fernwood adjacent to No 5 The Ridge, Middlesbrough for Mr A Dyson

 

Full details of the planning application, plan status and planning history were outlined in the report. Neighbourhood consultations had taken place and eight objections had been received, the details of which were advised to the committee. Comments from the statutory authorities were also included in the report.

 

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

 

A representative for the applicant was present and chose not to address the committee. An objector 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/0306/12/P - Variation of condition 6 on M/FP/0721/98/p to allow 24 hour trading 7 days a week for a 12 month temporary period at McDonalds Restaurant, Coulby Newham, Middlesbrough for Mr B Basi

 

Full details of the planning application, plan status and planning history were outlined in the report. Neighbourhood consultations had taken place and two objections were received from residents, the details of which were advised to the committee. Comments from the statutory authorities were also included in the report.

 

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

 

An objector elected to address the Committee and spoke in opposition to the application.

 

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

 

The proposed variation of condition to allow 24 hour trading would be detrimental of the amenity of residents in the near vicinity by reason of nuisance created by activity in and around the site, especially at a time when residential amenity is at a premium and this would be in conflict with the principles of National Planning Policy Framework and Policy DC1 in 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 and/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
CS4 - Sustainable Development
CS5 - Design
CS13 - Strategy for the Town, District, Local and Neighbourhood Centres
CS29 - District Centres

 

In reaching this decision the Planning and Development Committee were mindful of the particular circumstances of this application, namely that in view of Members familiarity with the application site and its relationship with the surrounding area, the potential for nuisance associated with the extended hours would be unacceptable. This was more the case because the extended hours would occur at times when residents could reasonably expect to enjoy the amenity of the area.

 

M/FP/0121/12/P - Erection of 4 storey mosque and cultural centre with basement car park and associated landscaping at 7 & 9 Park Road North, Middlesbrough for Mr A Luft

 

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. Neighbourhood consultations had taken place and four objections from residents had been received objecting to the proposal, the details of which were advised to the committee. In addition two residents had indicated at the site visit their concerns regarding issues with parking in the area. Comments from the statutory authorities were also included in the report.

 

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

 

The applicant’s agent was present at the meeting and elected to address the Committee and respond to questions from Members.

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

 

M/FP/0309/12/P - Erection of 1.8m high fence to side/rear at 14 Milfoil Close, Marton, Middlesbrough for Mr S Bowes

 

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. Neighbourhood consultations had taken place and five objections from residents had been received objecting to the proposal, the details of which were advised to the committee.

 

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

 

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

 

M/ADV/0333/12/P - 1 no set non-illuminated 1500mm high flat cut letterings signs at Asda, 377 Ormesby Road, Park End,, Middlesbrough for Asda

 

Full details of the planning application, plan status and planning history were outlined in the report. Neighbourhood consultations had taken place and a ten signatory petition was received from residents, the details of which were advised to the committee. Comments from the statutory authorities were also included in the report.

 

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 for the following reason:-

 

The proposed sign is considered to be unacceptable as it is both unnecessary and non-functional and is of the size and location which would impact on nearby residents, to the detriment of their visual amenity. This would conflict with the principles of National Planning Policy Framework and Policies DC1 & CS5 in the Council’s Local Development Framework.

 

The development 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 regard to Members familiarity with the site and the previous refused advertisement application, Members considered the proposed sign unnecessary as the main elevation to the premises faces Ormesby Road and this provided all that is required to direct visitors to the premises. The additional sign serves no useful purpose and this could only be at the expense of the nearby residents amenity as it would both be prominent and intrusive to their visual amenity.

11/987 APPLICATIONS APPROVED BY THE HEAD OF PLANNING AND REGENERATION

DELEGATED AUTHORITY - PLANNING APPLICATIONS

 

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
 

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