Planning and Development Committee Minutes

Planning and Development Committee Minutes

Date:
Friday 16 August 2013
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

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

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

Item Number Item/Resolution
PUBLIC
13/16 MINUTES - PLANNING AND DEVELOPMENT COMMITTEE - 19 JULY 2013

The minutes of the meeting of the Planning and Development Committee held on 19 July 2013 were taken as read and approved as a true record.

13/17 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/0520/13/P - Residential development comprising 21 no. dwellinghouses with associated access, landscaping and car parking at Land at Highmead Walk, Middlesbrough for Miss E Richardson

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.

 

Neighbourhood consultations had taken place and a petition containing 47 signatures (from 31 properties) in objection to the proposal and a letter of objection from the occupier of no. 8 Southmead Avenue (who had already signed the above petition) were received, the details of which were advised to the Committee.

The occupier of 17 Hillingdon Road had also presented a letter from Tom Blenkinsop MP, in support of resident's objections to the application, when Members had undertaken the site visit to Highmead Walk prior to the meeting. The Ward Councillor for the area, Councillor Saunders also presented a copy of a letter to Members at the site visit, setting out his concerns with regard to the application. Copies of the letter from Mr Blenkinsop and the letter from Councillor Saunders were circulated to Members of the Planning and Development Committee prior to the commencement of the meeting.

The Head of Development pointed out that in terms of the comments from the statutory consultees listed at 16-31 of the report, the two key comments were the ones from Environmental Health who stated that they had no objection to the application subject to a condition relating to a site investigation and the comment from the Environment Agency who had advised that they considered the site to be of low environmental risk.

Councillor Saunders was present at the meeting and elected to address the Committee in opposition to the application. An objector addressed the Committee on behalf of residents affected by the proposal and spoke in objection to the application.

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

The proposed residential development is considered unacceptable because it would result in the loss of open space which is a valued amenity area in the immediate locality. Furthermore the proposed development is considered excessive having regard to the limitations of the site area and the form of this development would unacceptably impact on the amenities of adjacent occupiers. In addition the intensity of the development could not be satisfactorily accommodated on the access roads as these are already incapable of serving the needs of existing residents. All of this would be in conflict with Policies DC1 & CS5 in the Council's Development Plan.

 

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 having carried out a Committee site visit, Members were familiar with the content of the proposed scheme and in particular the relationship between it and the adjoining residential area. Having done so, Members considered the scheme unacceptable, as it would remove an area of open space much valued for recreation and amenity by local residents. The restricted nature of the site was also considered to be relevant and the proposed housing layout was felt to be excessive for the site dimension. Lastly, the existing estate roads were considered incapable of accommodating the existing and proposed traffic generation. Members, therefore, rejected the application.

M/FP/0600/13/P - Dormer window to rear at 26 Grange Crescent, Marton in Cleveland, Middlesbrough for Mr J Taylor

The Head of Development reminded Members that the original application for the above development had been dealt with as a delegated application in March 2012. The applicant had subsequently submitted an application for a variation to the original planning application to include a dormer window to the rear and bay window to the front which was considered and refused by the Planning and Development Committee on 11 March 2013.

Members were advised that when a planning application was refused there was a specified timescale in which the applicant had to submit an appeal to the Planning Inspectorate. The applicant had attempted to submit an appeal against the decision to refuse the application; however he submitted the appeal after the specified deadline and therefore his application could not be considered.

The Head of Development advised that the application before Members was exactly the same as the one that was considered at the meeting of the Committee in March 2013; with the addition of the revised plan for the inclusion of the dormer window to the rear and bay window to the front. 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 two objections from local residents (no 28 & 30 Grange Crescent) and an objection on behalf of the Ward Councillors had been received, the details of which were advised to the Committee. There were no objections from the statutory authorities. A copy of a plan showing details of the application prior to the dormer window being inserted and details of how the application would look after the dormer window was inserted was submitted on behalf of the objector present at the meeting and was circulated to Members of the Committee.

The objector present at the meeting elected to address the Committee and spoke in opposition to the application. Councillor C Hobson, Ward Councillor, addressed the Committee and spoke in opposition to the application.

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

M/FP/0593/13/P - Two storey extension to side and single storey extension at rear of 9 Fairfield Avenue, Linthorpe, Middlesbrough for Mr Imran Mahmoud

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 a petition containing 15 signatures and three objections from local residents (1, 10 & 14 Fairfield Avenue) had been received, the details of which were advised to the Committee.

The Head of Development advised Members that the application was effectively a renewal of the planning permissions that had already been approved in 2007 (M/FP/1279/07/P) and 2010 (M/FP/0734/10/P). Members were advised that many of the objections submitted were non material planning considerations.

The applicant was present at the meeting and elected to address the Committee in support of his application.

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

M/FP/0586/13/P - Residential development comprising 26 no. dwellinghouses with associated access, landscaping and car parking (demolition of existing building) at former Neighbourhood Centre & Hostel, off St Paul's Road, Middlesbrough for Ms L Ellis

The Head of Development advised that Members of the Planning and Development Committee had undertaken an impromptu site visit to the application site 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.

A Community Involvement exercise had taken place and no objections with regard to the proposal were received, The Highways Department had suggested a number of conditions but had offered no objections to the proposal.

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

M/FP/0522/13/P - Change of use from club (A4) to place of worship (D1) at former Middlesbrough Cycling Club, 20 Brentnall Street, Middlesbrough for Elder Lester Ltd

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 no objections to the proposal had been received. Environmental Health had indicated that a condition regarding noise levels at the premises would be required. The Highways Department had indicated that because there was no incurtilage parking and the Brentnall Street car parking which was adjacent the site did not open until 8.00am, a condition would be required to limit the opening time of the premises to 8.00am to coincide with the opening time of the car park.

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

M/FP/0642/13/P - 1.5 storey rear extension with dormer windows, conversion of attic with roof lights to front and rear, and new access gates to existing gate piers at 73 Cambridge Road, Middlesbrough for Mr M Akram
 

 

M/CAC/0643/13/P - Part demolition of boundary wall to create new vehicular 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 three objections to the application had been received, the details of which were advised to the Committee. The Highways Department had recommended refusal of the application as the formation of an additional access together with the conflicting traffic movements on Cambridge Road would present a hazard to both pedestrian and vehicular traffic. It was also the view of the Highways Department that there was sufficient room for a vehicle to turn around within the existing curtilage of the property without the need for a second access.

 

ORDERED that application M/FP/0642/13/P be Approved subject to the conditions included in the report, for the reasons set out in the report with the addition of a revised condition 4 as follows:

A revised plan shall be submitted to and approved in writing by the Local Planning Authority showing the deletion of the second vehicular access and retention of that existing, together with replacement timber gates and retention of the existing gate piers.

Reason

The application is satisfactory in that the one-and-a-half storey extension to rear and roof lights to front and new access gates to existing gate piers accord with the principles of the National Planning Policy Framework (NPPF) and, where appropriate, the Council has worked with the applicant in a positive and proactive way in line with paragraphs 186-187 of the NPPF. In addition, the one-and-a-half storey extension to rear and roof lights to front and new access gates to existing gate piers adhere to all relevant local policy requirements (Policies CS4, CS5 and DC1 of the Council's Development Plan).

 

In particular, the one-and-a-half storey extension to rear and roof lights to front and new access gates to existing gate piers are designed so that their appearance is complementary to the host dwellinghouse, does not harm the Linthorpe Conservation Area and so that they will not have a detrimental impact upon the residential amenity of any adjoining or nearby dwellinghouse.

 

The one-and-a-half storey extension to rear and the roof lights to front and new access gates to existing gate piers will not prejudice the character or appearance of the local area and they do not significantly affect the landscaping nor prevent adequate access to the dwellinghouse.

 

The application is therefore considered to be an acceptable and appropriate form of development, fully in accordance with the relevant policy guidance and there are no material considerations that would indicate that the development should be refused.

ORDERED that application M/CAC/0643/13/P be Refused for the following reasons:

The proposed new vehicular entrance is considered unsatisfactory having regard to the creation of an additional access point on Cambridge Road, a busy cross town route. Further traffic movements associated with the proposed access point would prejudice traffic flow and thus be in conflict with Policy DC1 (test d) of the Council's Development Plan.

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
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 Committee site visit Members were familiar with the content of the proposal and in particular the traffic flow and car parking on Cambridge Road and in view of this felt that a further access point would create additional traffic activity. This would exacerbate the problems of traffic movement on Cambridge Road which is a busy cross town route and bus route and would not be in the interest of the free flow of traffic.
 

13/18 ENFORCEMENT NOTICE 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 enforcement appeal:-

 

Land to the rear of Linthorpe Community Infants School, Roman Road, Middlesbrough - (DA/P/12/325) 

 

Decision of Planning Inspector:

 

The decision of the Planning Inspector was as follows:

 

1. I direct that the enforcement notice be corrected and varied as follows:

 

    i) by the deletion of the words under the heading in section 3 of the notice and their substitution with the words “with   

       immediate effect” from item 1) of the requirements.

 

2. Subject to those corrections and variations, I dismiss the appeal and uphold the notice as corrected and varied.

 

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.
 

13/19 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).

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