Planning and Development Committee Minutes

Planning and Development Committee Minutes

Date:
Friday 21 June 2013
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Cole (Chair), Councillors Clark, Cox, Hawthorne, J Hobson, McIntyre, P Purvis, P Sanderson
Officers:
B Carr, P Clarke, R Farnham, S Pearman, E Vickers
Apologies for absence:
Councillor S E Bloundele, Councillor J Brunton
Declarations of interest:

There were no Declarations of Interest at this point in the meeting.

Item Number Item/Resolution
PUBLIC
13/5 MINUTES - PLANNING AND DEVELOPMENT COMMITTEE - 24 MAY 2013

The minutes of the meeting of the Planning and Development Committee held on 24 May 2013 were taken as read and approved as a true record.

13/6 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/RES/0403/13/P - Reserved Matters (phase 1) for erection of 123 no dwellings and associated access and landscaping at Land at Greytowers Farm, Nunthorpe, Middlesbrough for David Wilson Homes North East

 

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 15 letters of objection to the proposal were received, the details of which were advised to the Committee. The comments from the statutory authorities were also included in the report. Representations against the proposal were also received from Nunthorpe Community Council and Nunthorpe Parish Council, the details of which were reported to Committee. 

 

The Head of Development circulated a copy of a Supplementary Committee note which included details of representations against the application from Marton West Community Council. The note also advised that Condition 3 detailed in the Committee report was no longer required as the plans required as part of the condition had now been submitted and formed part of the planning application. However, Members were advised that condition 2 would need to be amended to include a reference to the additional plans.

 

The applicant's representative was present at the meeting and elected to address the Committee. An objector addressed the Committee and spoke in objection to the application. The Ward Councillors for Nunthorpe elected to address the Committee and spoke in objection to the application. The Council's Group Leader, Road Safety and Traffic clarified a number of traffic management issues.

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report and subject to the revised Condition 2 as follows:

 

The development hereby approved shall be carried out in complete accordance with the plans, documents and specifications detailed below and shall relate to no other plans.

 

a) Application form

b) Phase One 3D Visuals and Streetscenes NE-15-20

c) Design Code NE-15-26 Feb 2013

d) Phase One - Compliance Statement NE-15-27 April 2013

e) Location Plan NE-15-07

f) Planning Layout NE-15-01U

g) House Type Portfolio NE:15:09A

h) Structure Plan NE-15-21C

i) Character Area Plan NE-15-22

j) Building Scale Plan NE-15-25

k) Density Plan NE-15-23

l) Phasing Plan NE-15-24

m) Materials Layout NE-15-02F

n) Presentation Layout NE-15-06G

o) External Works 1 NE-15-03E

p) External Works 2 NE-15-04E

q) External Works 3 NE-15-05E

r) Landscape Structural Masterplan C-838-01

s) Phase 1 Soft Landscape Proposals Sheet 1 of 4 C-838-02

t) Phase 1 Soft Landscape Proposals Sheet 2 of 4 C-838-03

u) Phase 1 Soft Landscape Proposals Sheet 3 of 4 C-838-04

v) Phase 1 Soft Landscape Proposals Sheet 4 of 4 C-838-05

w) Ground Investigation Geotechnical and Geoenvironmental Assessment Job no. 1001748 dated 29th October 2012

x) Phase 1 Desk Study Job no. 1001748 dated 28th April 2010

y) Factual Report on Site Investigation D4198 dated October 2012

z) Archaeological Desk-based Assessment Report 2406 dated May 2010

aa) Geophysical Surveys and Archaeological Evaluation Report 2430 dated October 2012

 

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

 

M/FP/0448/13/P - Erection of 1 no dormer bungalow with detached garage and associated means of access at Land to rear of 24A Knaresborough Avenue, Marton, Middlesbrough for Mr G Rock and S Wilson

 

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 12 letters of objection to the proposal were received, the details of which were advised to the Committee. The comments from the statutory authorities were also included in the report and the Committee was advised that the Highways Service had concerns regarding the level of traffic particularly in relation to the traffic servicing the dwellings. Representations against the proposal were also received from the Community Counci, the details of which were reported to Committee. The Ward Councillor for Marton West circulated photographs he had taken showing traffic problems in the location of the application site. The applicant advised that NWA had been working in the vicinity of the site at the time the photos were taken.

 

The applicants representative was present at the meeting and elected to address the Committee in support of the application. The Ward Councillors for Marton West elected to address the Committee and spoke in objection to the application.

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report

 

M/OUT/0051/13/P - Outline application for student accommodation (up to 158 no bedrooms) at Knights of St Columba Site, 3 Southfield Road, Middlesbrough for Empirica Investments Ltd

 

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 9 letters of objection to the proposal were received, the details of which were advised to the Committee. There were no objections received from the statutory authorities. The Head of Development advised that further representations objecting to the proposal had been received from Teesside University, the details of which were advised to the Committee.

 

The applicant's representative was present at the meeting and elected to address the Committee in support of the application. A representative from Teesside University spoke in objection to the application.

 

 ORDERED that the application be Refused for the following reasons:
 

The proposed student accommodation is considered to be unsatisfactory as the scale of the development is inappropriate on this section of Southfield Road and would be inconsistent with other buildings in the vicinity. Furthermore, the development would be excessive having regard to the limitations of the planning unit and would create a cramped development which would be at odds with the general appearance of Southfield Road. As such, the proposed development would be in conflict with Policies DC1 - General Development (test b), CS5 - Design (test c & f) and REG 24 University of Teesside (test b and i) of the Council's Local Development Framework.

 

REASON FOR OVERTURN

 

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:-

 

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 appraised of the content of the proposed development and the appearance of the general locality around the application site. Having done so, Members felt that the proposed development would be too high, would dwarf the buildings in the vicinity and would therefore look out of place. The proposed development was also felt to be too cramped as it would result in no margins to soften the development. The application was therefore considered unsatisfactory and was refused.
 

M/CAC/0310/13/P - Demolition of existing store and garage and M/FP/0309/13/P - Single storey extensions to provide office and garage (demolition of existing store and garage) and relocation of drive/access at 21 Thornton Road, Middlesbrough for the York Diocesan Board of Finance

 

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. Members were advised that both applications should be considered in conjunction with each other.

 

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 one letter of objection to the proposal was received, the details of which were advised to the Committee. An objection to the proposal had also been received from Stainton and Thornton Parish Council.

 

The statutory authorities had been consulted and the Council's Highways Officer had objected to the proposal on road safety grounds because in his view, the visibility from the proposed access would be restricted due to the difficult vertical and horizontal alignment of Thornton Road and this would result in being a safety hazard for all road users.

 

The applicant's representative elected to address the Committee in support of the application. The Ward Councillor for Stainton and Thornton spoke in objection to the application. A representative from the company that carried out the vehicle speed and visibility splay survey addressed the Committee in support of the application.

 

ORDERED that M/FP/0309/13/P be Refused for the reasons set out in the report and that M/CAC/0310/13/P be Approved on condition subject to the conditions set out in the report.

 

M/FP/0969/12/P - First Floor only extension at rear at 79 Thornfield Road, Middlesbrough for Mrs B Brown


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 four letters of objection and one letter of concern with regard to the proposal were received, the details of which were advised to the Committee.The Head of Development advised that revised plans had been received which removed the separate 'lobby' area in the ground floor extension, removed the en suite window in the side elevation of the first floor extension and included double doors in the side elevation of the ground floor extension. The Council Highways Service offered no objections to the proposal.

 

The applicant elected to address the Committee in support of her application. An objector spoke in objection to the application.

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report.

 

M/FP/0280/13/P - Single storey extension to rear, resiting of garage at side and dormer windows to side and rear at 5 Albany Road, Marton, Middlesbrough for Mr Said Mahmoud

 

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 seven objections with regard to the proposal were received together with an additional objection received after the report had been issued, the details of which were advised to the Committee.

 

The Head of Development advised that the architect had submitted simplified plans in respect of the application and Members were advised that some of the elements included within the application did not require planning permission.

 

The applicant's representative spoke in support of the application. Mr D Stovell addressed the Committee on behalf of two of the objectors in objection to the application. The Ward Councillors for Marton West elected to address the Committee and spoke in opposition to the application.

 

ORDERED that the application be Refused for the following reasons:
 

The proposed single storey extension, resiting of garage and dormer windows to side and rear are unsatisfactory as the scale and mass of the extension, together with the introduction of the roof level windows, would create an overbearing development, the appearance of which would detrimentally affect the amenity of the adjacent occupiers in conflict with Policy DC1 (test b & c) of the Council's Local Development Framework.

 

REASON FOR OVERTURN
 

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:-

 

DC1 - General Development

 

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 familiar with the content of the proposed development and the relationship it would have with the adjoining properties. Having done so, Members considered that the development would be overbearing and would impact on the adjacent residents, due to the position of their windows and arrangement of their private garden areas. The development would, therefore, be in conflict with Council's policies and was considered unsatisfactory.

  

M/FP/0378/13/P - Change of use to hand car wash, including canopy over wash area, new gate wall, 3m high rear boundary wall and cloakroom/W.C. unit at Land at rear of 51 Acklam Road, Middlesbrough for Mr A Hussain

 

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 four objections to the proposal together with a petition containing 17 signatures,and an additional objection received from the occupier of 200 Oxford Road, the details of which were advised to the Committee.

 

The applicant's representative elected to address the Committee in support of the application.  

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report.

 

M/FP/0471/13/P - Installation of automatic vehicle barrier with associated works and new pedestrian access including 2.4m high gate to existing fence line at Coulby Newham Delivery Office, Ridgeway, Coulby Newham, Middlesbrough for Mr A Leigh

 

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.

 

Statutory consultation letters were sent to the adjacent properties and one letter of objection was received from Cowie Technology Group, the details of which were advised to the Committee. The Ward Councillor made verbal comments regarding the existing parking issues around the site but did not submit any formal representations.

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report.


M/FP/0481/13/P - Variation of conditions 1,2,3,4,7,15,19,20,24,25,26,27,29,30 and 31 of M/FP/1046/11/P to facilitate alternative phasing arrangements at Acklam Hall, Acklam, Middlesbrough for Mr N Whittingham

 

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.

 

There were no objections to the application received from the statutory authorities or from residents.

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report.

 

M/LBC/0512/13/P & M/GRG/0511/13/P - Installation of 1 no lift with associated construction works, walkways to southern tower and alterations to upper walkway, gondola (Variation of previously approved scheme) at Transporter Bridge, Ferry Road, Middlesbrough for Middlesbrough and Stockton Council 

 

Members were advised that both applications should be considered in conjunction with each other.

 

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.

 

There were no objections to the application received from the statutory authorities or from residents.


ORDERED that the application be Approved on Condition subject to the conditions detailed in the report and that application M/LBC/0512/13/P be referred to the Secretary of State.

13/7 UPDATE - TESCO EXPRESS - CORNER OF ROMAN ROAD

Members were advised that following representations from residents and the local Member of Parliament, work on the wall of Tesco Express on the corner of Roman Road had ceased and the builders had been provided with the details of a company that specialised in the repair of teracotta walls.

  

NOTED

13/8 MAJOR PLANNING PERMISSIONS - UPDATE

The Head of Development circulated a report which provided a summary of progress with major planning applications as follows: -

 

Pre - Application Matters

 

  • Gurney House
  • Farndale Road
  • Hemlington Hall School site (Dales Park)
  • Area arouind Durham Street and Commercial Street (Middlehaven)
  • University Building One, Southfield Road
  • Prissick Base
  • Rose Cottage Farm, Strait Lane, Stainton
  • Clairville Stadium

Current Applications

 

  • Low Gill (land between Cypress Road and railway lines)

Post Decision Matters

 

  • Fire Station, Park Road South
  • Broadway Hotel, Devonport Road
  • Shannon Land, Church Lane
  • Site 44, Coulby Newham
  • Former Middlesbrough College, Longlands Campus
  • Former Middlesbrough College, Marton Campus

NOTED

13/9 PLANNING APPEAL

The Director of Legal and Democratic Services presented a report, the purpose of which was to advise members of the findings of the Inspector appointed by the Secretary of State for Environment, Transport and the Regions, with regard to the following appeal:-

3 Reeth Road, Middlesbrough - (M/FP/1162/12/P) - Appeal dismissed

 

A copy of the decision notice in respect of the appeal was attached to the report for Members’ information.

ORDERED that the report and its contents be noted.

13/10 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

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