Planning and Development Committee Minutes

Planning and Development Committee Minutes

Date:
Monday 7 October 2013
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Cole (Chair): Councillor J Brunton (Vice Chair); Councillors Clark, Cox, Hawthorne, J Hobson, P Purvis
Observers:
K Fletcher (Student) and L Henman
Officers:
B Carr, P Clarke, R Farnham, E Vickers and P Wilson
Apologies for absence:
Councillor S E Bloundele, Councillor F McIntyre, Councillor P Sanderson
Declarations of interest:

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

Item Number Item/Resolution
PUBLIC
13/20 MINUTES - PLANNING AND DEVELOPMENT COMMITTEE - 16 AUGUST 2013

The minutes of the Planning and Development Committee held on 16 August 2013 were taken as read and approved as a true record.  

13/21 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 reported theron.

 

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/OUT/0553/13/P - Outline application for a five storey teaching/conference building and associated offices with new open landscaped 'campus heart' at Land Opposite Dickens Inn for Mr C Robinson 

 

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 outline planning application, 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. Members were advised that the outline application sought permission in respect of access and scale only, with all other matters reserved, although indicative plans had been provided by the developer.

The University had carried out a community involvement exercise with regard to the proposal and no objections from residents or the statutory consultees had been received. The Head of Development pointed out that a material consideration for the Committee to consider was the benefits that the University brought to the town in terms of the high quality environment it provided for the 27,000 students that attended the University and the contribution that the University made to the town in terms of economic regeneration and income.

 

The Head of Development outlined how the application related to the proposal submitted in respect of the adjacent property in relation to the Knights of St Columba situated at 3 Southfield Road which was also scheduled to be considered by Members at the meeting.  Members were shown how the footprint of the University application related to the planning application for the Knights of St Columba. 

 

The applicant and the architect of the scheme 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/OUT/0800/13/P - Outline planning application for student accommodation (up to 118 no bedrooms) at Knights of St Columba, 3 Southfield Road, Middlesbrough

 

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 outline planning application, 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. Members were advised that the outline application sought permission in respect of access and scale only, with all other matters reserved.

 

The Head of Development advised that the Council had received an email from the agent/architect which advised of further amendments to the application. A copy of the email, which offered to reduce the maximum building height to 19m, set the building further back from the edge of Southfield Road to be commensurate with the new University building and reduce the number of bedrooms from 158 to 118 was circulated to Members of the Committee.   

 

Neighbourhood consultations had taken place and objections were received from the RAOB Club and Teesside University. There were no technical objections received from the statutory consultees. The Head of Development advised Members of the Committee that the objection from the RAOB Club was not a material planning consideration as it was a civil matter.

 

The Head of Development outlined how the application related to the Teesside University application. Members were advised that following refusal of the initial application in June 2013, the applicant and the architect had taken on board the comments of the University and Members of the Committee and amended the application accordingly. The applicant had submitted an appeal to the Planning Inspectorate in respect of the initial application however Members were advised that should the revised application be approved the applicant would withdraw the appeal.

 

The Head of Development advised that should Members be minded to approve the application, two additional conditions would be included in the planning permission to reflect the fact that the development would be restricted to sui generis student accommodation and that there should be no windows to habitable rooms overlooking the proposed new University building.

 

The applicant elected to address the Committee in support of the application. Mr C Checkley addressed the Committee on behalf of Teesside University in opposition to the application.  Following representations from the University, the Head of Development advised that a S106 agreement could be drawn up to confirm that car parking would not be made available to student occupiers of the building.

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report and with the addition of three new conditions as follows:-

 

1. That a S106 agreement be drawn up to confirm that car parking would not be made available to student occupiers of the building.

 

2. The development hereby approved shall be used as student accommodation (sui generis) only and any future changes of use shall require planning permission.


3. There shall be no windows to habitable rooms in the east elevations of the development hereby approved, all openings shall be to stairwells and be of obscure glazing.
 

M/FP/0637/13/P - Residential development comprising 36 no. dwellinghouses (Phase 2) and associated roads/footpaths at Rose Cottage Farm, Strait Lane, Stainton, Middlesbrough

 

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. The Highways Officer referred to paragraph 65 of the report and advised that the speed limit on Low Lane had been reduced to 40mph and the speed limit on Strait Lane had been reduced to 30mph.

 

Neighbourhood consultations had taken place and eight objections to the application had been received. Stockton Council had indicated that they had no objections to the application subject to the drawing up of a S106 agreement in respect of a contribution for highways works in Stockton.  The other statutory consultees had offered no objections to the application subject to certain conditions which had been addressed as part of the proposed planning permission.

 

The applicant addressed the Committee in support of the application. A representative from International Land Development Ltd elected to address the Committee in objection to the application. Councillor Williams, Ward Councillor for Stainton and Thornton also elected to address the Committee in objection to the application.  

 

The Head of Development advised Members that should they be minded to approve the application, the proposed Condition 2 included in the report would need to be amended because the applicant had submitted revised plans in respect of the application. 

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report with the revision of 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. Planning Layout RCAL:00
c. Surface Treatment Layout RCAL:02
d. Location Plan RCAL:LP
e. Sub Station Drawing RC:S:SUB
f. House Type - plan PA48/4/PL1
g. House Type - plan PA48/4/PL1-A
h. House Type - elevations PA48/4/PL2
i. House Type - plan PD48/4/PL1
j. House Type - elevations PD48/4/PL2
k. House Type - plan PD49/4/PL1
l. House Type - elevations PD49PL2
m. House Type - plan PT43/4/PL1
n. House Type - plan PD32/4/PL1
o. House Type - elevations PD32/4/PL2
p. House Type - plan PA34/4/PL1
q. House Type - elevations PA34/4/PL2
r. Double Garage Working Drawing GWD:02
s. Boundary Treatment Details RCAL:BTD01
t. Boundary Treatment Layout RCAL:01
u. Planning Statement dated June 13
v. Design and Access Statement dated June 13
w. Statement of Community Involvement
x. Aboricultural Tree Constraints Plan ATCP-A
y. Transport Statement dated June 2013
z. Flood Risk Assessment & Surface Water Management Strategy dated May 2013 3674/FRA1
aa. Air Quality Assessment dated June 2012 47062349/AQ/01
bb. Preliminary GeoEnvironmental Appraisal
cc. Repeat Phase 1 Habitat Survey and Bat Survey of Buildings B6 & B7 SLR ref: 424.00986.00020.0003
dd. Phase 1 Habitat Survey Drawing 01


M/FP/0823/13/P - Conversion of existing bungalow to 2 no. semi-detached bungalows at Land to rear of Kirkgate Road, Middlesbrough 

 

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, 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 two objections to the application from no. 15 and 18 Thornfield Grove respectively had been received. A further three objections to the application were received from the occupiers of nos. 3, 6 and 7 Kirkgate at the site visit held prior to the meeting.

 

Members were advised that the architect had submitted a plan which displayed swept paths of the vehicles, however at the time of writing the report, the Planning Officers did not have access to the information in respect of the extent of the ownership of the land by the adjoining property which would result in a 6ft space to allow vehicles access to the site.

 

The objector from No 6 Kirkgate Road addressed the Committee on behalf of the residents affected by the proposal that had submitted representations and spoke in objection to the application.

 

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

 

The proposed conversion of the existing bungalow to 2no semi-detached units is considered unacceptable in that the proposed vehicle manoeuvring area is inadequate and would lead to nuisance to adjoining occupiers, caused by conflicting traffic movements, parking on the highway and general loss of amenity. All of this would not meet the Councils General Development Policy DC1 (test c & d) which requires new development not to prejudice the amenity of nearby occupiers and to meet highway principles


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:-


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 conversant with the details of the proposed development and the context within which it would take place.

 

On the site visit, Members were able to inspect the approach road to the site (Kirkgate Road), the access road currently under construction and the proposed vehicle manoeuvring area. Having done so, Members were not satisfied that the access road and vehicle manoeuvring area were adequate and would not be able to serve the two proposed dwelling units, without creating traffic congestion, on street car parking and general nuisance to nearby residents. The likely nuisance to neighbours would further diminish the level of amenity and enjoyment of their properties, which neighbours should reasonably expect to enjoy.

 

M/FP/0667/13/P - Residential development comprising 36 no. dwellinghouses with associated access roads, footpaths and car parking at Land adj. Hemlington Hall School, Middlesbrough

 

Full details of the planning application, 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 no objections from residents or the statutory consultees had been received. The Ward Councillor for Hemlington had submitted a letter in support of the application.

 

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

 

M/FP/0755/13/P - Single storey extension to side and rear, rear extension to existing garage with pitched roof over, and new driveway with vehicular access at 2 Whinstone Drive, Stainton, Middlesbrough

 

Full details of the planning application, 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 objections were received from the occupiers of no 4 Whinstone Drive and 18 Fawcett Avenue. The technical consultees had offered no objections to the application.  

 

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

 

M/FP/0788/13/P - Single storey extensions to side/rear at 9 Sherburn Close, Acklam, Middlesbrough  

 

Full details of the planning application, 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 a petition containing 3 signatures and a letter from the occupier no 7 Sherburn Close were received in objection to the application.   

 

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

 

M/FP/0757/13/P - Single storey extensions to provide office and garage (demolition of existing store and garage) at 21 Thornton Road, Stainton, Middlesbrough

 

M/CAC/0761/13/P - Demolition of existing lobby, store and garage at 21 Thornton Road, Stainton, Middlesbrough

 

The Head of Development advised that both applications should be considered in conjunction with each other.

 

The Head of Development advised that the previous application in respect of 21 Thornton Road had been refused following concerns regarding proposals to alter the vehicle access to the site. The revised application sought to extend the property in such a way that the existing access could be retained, whilst also carrying out works within the site to improve the use of the current driveway.

 

Full details of the planning application, 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 no objections from residents or the statutory consultees had been received.

 

ORDERED that the applications M/FP/0757/13/P and M/CAC/0761/13/P be Approved on Condition subject to the conditions detailed in the report.

 

M/FP/0645/13/P - 3/2 storey extensions to existing 6th form college including landscaped student/community space and sports pitch and outline proposal for two storey expansion wing at Middlesbrough College, Dock Street, Middlesbrough 

 

The Head of Development advised that the Chief Planning Officer had previously discussed this application with the Chair and Vice Chair of the Planning and Development Committee. Authorisation was granted to determine the application through the delegated procedure and to report the outcome of the application to a future Planning and Development Committee. 

 

Full details of the planning application, 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.

 

ORDERED that Members note the action of the Chair and Vice Chair and the decision of officers to approve the application subject to the conditions detailed in the report.  

 

M/FP/0728/13/P - Renewal of extant permission M/FP/0561/10/P for erection of 2.5 storey 45 no. bed nursing home with associated car parking and service road at Land between 16 & 18 Cambridge Road, Linthorpe, Middlesbrough

 

Full details of the planning application, 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 a letter of objection to the proposal was received from the occupier of 63 Cambridge Road. The Head of Development advised that the renewal of the planning consent sought a reduction in the number of bed spaces from 60 to 45.

 

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

 

M/FP/0739/13/P - Alteration of window to sliding doors and external raised patio area to side at Hemlington Social Club, Viewley Centre, Hemlington, Middlesbrough

 

Full details of the planning application, 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 objections to the application were received from the occupiers of 10, 12, 18, 24 and 25 Pirbright Grove. Following publication of the Committee report an additional objection to the proposal was received from the occupier of 6 Pirbright Grove.

 

The Head of Development advised that to alleviate any complaints with regard to noise at the premises it would be better to install hinged doors which would be self closing rather than sliding doors.

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report with an additional condition with regard to the design of the doors and the imposition of self closers on the doors as follows:-

 

A revised scheme deleting sliding doors and incorporating details of swing doors with self-closing mechanisms, shall be submitted to and approved in writing by the local planning authority and thereafter shall be implemented as part of the development hereby approved and be operational before use of the proposed patio area takes place.


Reason: In the interests of the amenities of occupiers in the locality and to prevent noise nuisance originating from the club premises.

13/22 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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