Planning and Development Committee Minutes

Planning and Development Committee Minutes

Date:
Friday 8 November 2013
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Cole (Chair), Brunton (Vice-Chair), Bloundele, Clark, Cox, Hawthorne, J Hobson, McIntyre, P Purvis, Sanderson
Observers:
K Fletcher (Student)
Officers:
P Clarke, S Harker, A Hughes, E Vickers
Apologies for absence:
There were no apologies for absence
Declarations of interest:

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

Item Number Item/Resolution
PUBLIC
13/23 MINUTES - PLANNING AND DEVELOPMENT COMMITTEE - 7 OCTOBER 2013

The minutes of the Planning and Development Committee held on 7 October 2013 were taken as read and approved as a true record.

13/24 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 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 that following applications be determined as shown:

 

M/GRG/0879/13/P - Erection of new memorial with paved access at Land Adjacent to Cenotaph, Linthorpe Road, for Middlesbrough Borough Council.

 

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.


The application proposed a memorial to recognise the achievements of local man, Stanley Hollis, who was awarded the Victoria Cross for valour during World War One as well as his regiment, the Green Howards.


Neighbourhood consultations had taken place and no objections to the application had been received. One letter of support was received. The other statutory 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/0884/13/P - Variation of condition 8 of M/FP/0613/11/P to allow opening hours from 10 am to 11 pm daily (Monday to Sunday) at 3 Otterburn Gardens (Gs Golden Chippy), Middlesbrough for Mr G Keala.

 

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 application property received permission in 2011 to allow the hot food takeaway at No. 5 Otterburn Gardens to extend into No. 3 Otterburn Gardens. No 5. Otterburn Gardens had unrestricted opening hours in planning terms and presently opened until 11.00 pm. Legally, the Council could not control the opening hours of No 5. Otterburn Gardens.

The application in 2011 was to create a new planning unit No. 3 and No. 5 and as such the Council was fully within its rights to impose conditions on the opening hours of the new unit.

 

Neighbourhood consultations had taken place and twelve letters of objection were received from local residents. Four letters of support for the application had also been submitted. 

 

The other statutory consultees had offered no objections to the application. However, the Community Protection Team had suggested that a temporary permission be granted for six months in order to assess the appropriateness of the application and any potential impact on nearby residents.

 

The applicant’s agent elected to address the Committee in support of the application. In addition, a local resident spoke in support of the application. An objector also addressed the Committee in objection to the application.

 

ORDERED that the application be Approved on Condition subject to the conditions detailed in the report with an additional condition as follows:-

 

All deliveries (including those being despatched and received) shall be undertaken from the delivery area at the rear of the property.  No deliveries shall be received or despatched from the site outside the hours of 10:00 hours and 23:00 hours Monday to Friday.

 

M/FP/0727/13/P - Two storey extension at rear, first floor only extension at side and conversion of garage to a habitable room at 26 Astbury, Marton-in-Cleveland, Middlesbrough for Mr R Brown.

 

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 two objections had been received. A letter prepared by a Planning Consultant acting on behalf of the two objectors had been submitted and the objections were summarised at paragraph 5 of the Officer’s report. The applicant had also submitted a written representation.

 

The applicant elected to address the Committee in support of the application. An objector also addressed the Committee on behalf of the residents in objection to the application.

 

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

 

1. The approval of the development proposed would be contrary to the provisions of CS5 - Design, DC1 - General Development of the Middlesbrough Council Local Development Framework Core Strategy, and Middlesbrough Urban Design Guide Supplementary Planning Document.

 

2. The proposed development, by reason of its size, siting and design would appear to be overly dominant when viewed from the neighbouring property causing an unacceptable loss of residential amenity.

 

M/FP/0760/13/P - Erection of mixed use development comprising 9 no. units of A1 and A3/A4, 80 no. bed hotel with associated car parking, landscaping and highways improvements (demolition of Sainsbury's supermarket and petrol filling station) at land bounded by Wilson Street/A66/Hartington Road/Newport Road for Terrace Hill (Middlesbrough) Limited.

 

M/FP/0770/13/P - Public house/restaurant (A3/A4), Drive Thru restaurant (A3/A5) and Drive Thru coffee shop (A1/A3), with associated car parking, landscaping and boundary treatment, access and bus terminus at Gateway Middlehaven, between A66 and Riverside Stadium for Terrace Hill (Middlesbrough) Limited.

 

M/FP/0773/13/P - Erection of foodstore (A1), with associated petrol filling station, car parking, landscaping and boundary treatment, access and bus terminus at Gateway Middlehaven, between A66 and Riverside Stadium for Terrace Hill (Middlesbrough) Limited. 

 

The Head of Development advised Members that the above applications had been identified as requiring site visits by Members of the Planning and Development Committee. Accordingly site visits had been held prior to the meeting.

 

Full details of the planning applications and plan status were outlined in the reports. The reports 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 initially one objection was received in respect of application M/FP/0760/13/P and two objections in respect of applications M/FP/0770/13/P and M/FP/0773/13/P.

 

Following publication of the Committee Reports, two further objections were received in respect of applications M/FP/0770/13/P and M/FP/0773/13/P, and one in respect of application M/FP/0760/13/P. The technical consultees had offered no objections to the applications. Three letters of support had also been received.

 

An Addendum Report was tabled at the meeting which was intended to clarify specific issues for Members, bring forward additional responses to the planning applications and revise the proposed conditions where appropriate.

 

The Head of Development addressed the concerns raised by the objectors in relation to all three applications. The Planning Services Manager explained that in line with the National Planning Policy Framework, a sequential test had been undertaken on behalf of the Council by an independent Consultant. The Consultant agreed with the Council’s assessment that whilst Middlehaven was not identified as the preferred option in the Local Development Plan, it was currently the only viable site available to meet the need for a large superstore by 2016.

 

The Committee’s attention was drawn to a letter from the applicant setting out their intentions and the acceptance of the use of a planning condition to achieve a Local Employment Agreement (LEA) which would ensure that the 886 jobs created by the development would be prioritised for local people.

 

The Highways Engineer confirmed that discussions were underway in relation to the provision of a public bus service that would link the bus station, Middlesbrough College and the new Sainsbury’s.

 

The applicant and the agent elected to address the Committee in support of the applications. The Ward Councillor also addressed the Committee in support of the applications.

 

ORDERED that all three applications be Endorsed and referred to the Secretary of State for consideration, subject to the conditions detailed in the reports.

 

Should the Secretary of State approve the applications, the Council would issue the planning permissions, subject to the signing of the Section 106 agreement.


 

13/25 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 planning appeal:-

 

5 Albany Road, Middlesbrough - M/FP/0280/13/P - Appeal allowed.

 

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.

13/26 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). 

 

A Member queried application M/FP/0872/13/P at 22 Kirkstone Road for a two storey extension to side, loft conversion with dormers to front and rear (demolition of existing garage) and retrospective conservatory to rear.  A similar application at this property had previously been refused by the Committee.  The Head of Development confirmed that the applicant had re-submitted plans with a reduced size roof and garret dormers and the application had therefore been approved. 

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