Planning and Development Committee 14 August 2009

PLANNING AND DEVELOPMENT COMMITTEE

A meeting of the Planning and Development Committee was held on 14 August 2009.

PRESENT: Councillor McPartland (Chair), Councillors Brunton (Vice Chair), Councillors Bloundele, Clark, Cox, Khan (as substitute for Councillor Purvis), McIntyre, KWalker and Whatley.

OFFICERS: MChilton, V Flynn, S Harker, A Hughes, J Jenney, A Kendrick, B Roberts and E Vickers.

**ALSO IN ATTENDANCE: Councillors Lancaster, B Thompson and P Thompson

**APOLOGIES FOR ABSENCE were submitted on behalf of Councillors Davison and Purvis

DECLARATIONS OF INTEREST

Name of Councillor / Type of Interest / Item of Interest
Councillor Khan
Councillor Khan
Councillor McPartland / Prejudicial
Personal
Personal / M/FP/0797/09/P
M/FP/0825/09/P
M/FP/0797/09/P

**MINUTES

The Minutes of the meeting held on 24 July 2009 were taken and read and approved as a true record, subject to the following amendment.

22 Worsley Crescent – Amended plans for application M/FP/0180/09/P

Page 5 of the minutes, paragraph 2 should read:

“Refused on the grounds that, having regard to the previously approved extensions, the additional built form of the garden room was deemed excessive because it impinged on the neighbours’ enjoyment of their dwelling and would create an excessive intrusion on the street scene”.

NOTED

FORMER COULBY NEWHAM SCHOOL SITE, COULBY NEWHAM – FOOTPATH CLOSURE – M/RES/0144/O6/P: RESIDENTIAL DEVELOPMENT COMPRISING 93 NO. DWELLINGS

The Head of Planning and Regeneration Programme presented a report the purpose of which was to seek Committee approval to an amendment to the above planning application, which Committee had approved on 23 June 2006. A copy of the original report was attached for Members’ information.

Members were reminded that the site of the former Coulby Newham Secondary School was the subject of a planning application by Bryant Homes for residential development comprising 93 no. dwellings and permission was granted on 23 June 2006. The design of the development was based on a development brief, proposed by the Council. It set out the design criteria, which the developer followed, and to that end the approved scheme included:

§  Two number vehicular access points from Marton Farm Way leading to a number of cul-de-sacs with shared access drives.

§  11 different house types and styles, with three, two and single storey properties in terraced/detached and semi detached and apartment form.

§  The design of the properties was conventional for modern housing and in keeping with the existing developments within Coulby Newham.

This style of development reflected sustainable principles with attempts to encourage walking to local centres and public amenities rather than create residential areas dependent on the use of the private car. In this case, a footpath had been included in the scheme leading from the new housing estate to an existing footpath, which surrounded the site.

During the initial application stage, the Council’s Designing Out Crime Officer was consulted and raised no objections to the scheme. However it was part of Council policy to create developments that reduced fear of crime and this could be associated with either actual or unforeseeable levels of crime.

The current situation with regard to this development was that many complaints, and a petition, had been received by the Planning Department. Local residents objected to the proposed footpath on the basis of potential anti-social behaviour, criminal damage and trespassing as a result of Harvington Chase being accessible by non residents. One of the Ward Councillors had also commented adversely to the proposed footpath.

There were no material planning concerns that would prevent the removal of this footpath from the scheme. Coulby Newham had an existing footpath and cycle route system to facilitate sustainable methods of transport considered adequate to support the new housing development. This proposal was acceptable in planning terms and the approval of the Committee was therefore sought, the developer Wimpy Homes having halted development at the Council’s request until such a decision was made.

A number of local residents were present and their representative addressed committee requesting that the footpath be removed from the scheme. Ward Councillor, Councillor PThompson was also present and spoke against the inclusion of the footpath in the development.

ORDERED that the proposed footpath link on the south side of the residential development on the former Coulby Newham School site be deleted and the land reverted to the adjoining houses.

PLANS

The Head of Planning and Regeneration Programme submitted plans deposited as applications to develop land under the Town and Country Planning Act 1990 and the Head of Development Control reported thereon.

ORDERED that the following applications be determined as shown: -

M/FP/0828/09/P – New vehicular access to incorporate private driveway at 200B Guisborough Road, Nunthorpe for Mr J King.

The Head of Development Control and the Chair had identified this application as requiring a site visit. Accordingly Members undertook a site visit prior to the meeting.

The application site was located on the southern side of Guisborough Road to the west of 200 Guisborough Road “Rest Harrow” the adjacent detached residential property and to the north to the detached residence of properties recently approved under application M/FP/0133/08/P.

Details of the plan status and planning history were outlined in the report.

Members were reminded that planning permission was granted to construct three dwellings within the curtilage of 200 Guisborough Road under M/FP/0133/08/P. Dwelling A was located immediately west of the host property Rest Harrow and dwellings B and C to the rear of the site. In terms of vehicular access arrangements, the host property Rest Harrow would retain its existing access and a new independent vehicular access would be created to serve plots A B and C. Planning consent was now sought to create a new independent vehicular access to dwelling A, namely 200B Guisborough Road. The creation of the access would require the removal of 1 no. trees to the front of the site within the area of woodland, which was covered by a tree preservation area. Two tree reports had been submitted to support the application which stated that the copse was generally over-crowded and that had been to the disadvantage of the total number of subjects and the etiolation and production of weak growth of a number of trees, and that, through time, mechanical damage had occurred to a number of subjects leading to cavities and decay. The report identified 6 no. trees to be removed on the grounds that they were weak or defective and further recommendations were included in the report.

The 3m wide vehicular access would be created of loose angular gravel made on terraneco cell and routed through the existing tree to link the highway and the frontage.

A second element of the application was centred on the future retention of 200 Guisborough Road Rest Harrow, which had been the subject of concern and speculation regarding its possible demolition. In order to address this particular matter and protect Rest Harrow from demolition by the current owner or any future purchasers of the property, the applicant had agreed to enter into a Section 106 agreement to ensure the retention of the building. Any planning permission granted in respect of the new vehicular access would not be issued until the Section 106 Agreement had been signed.

The Head of Development Control advised Members on the purpose and protocol of Section 106 Agreements in relations to planning applications, the purpose being to obtain ‘planning gain’, to the Council’s benefit. It was noted that each application involving the use of a Section 106 Agreement was dealt with on its own merits.

Neighbourhood consultations had taken place and the comments and objections received were set out in Appendix 1 of the report. Objections were received from the occupiers of 155, 167, 163, 165, 133, 199 and 190 Guisborough Road, also from the occupant of 18 Chandlers Ridge. However the occupant of 169 Guisborough Road offered no objections to this application. An additional eight letters had been received, objecting to this application.

There were no objections from Transportation, however, discussions had taken place with the applicant in relation to the requirements of visibility and protection of the existing lamp column and telegraph pole. The design of the location of the access was now acceptable in highway terms. Leisure Services did not object to the application and accepted the tree report.

However, Nunthorpe Parish Council objected on the grounds that; the proposed 2m fence would affect the existing Streetscene; the TPO tree no. 24 was in no danger of an early demise and should not be felled only for the purpose of providing a vehicular access; the style of fence needed to reflect the surrounding area; the principal form of boundary in the immediate vicinity was low fences, low walls and low hedges, which contributed to the feeling of openness and greenery and which the Parish Council felt was an important element and character of this unique stretch of Guisborough Road. Objections were also raised in relation to the trees and TPO Tree no. 24.

Nunthorpe Community Council also opposed the application and their comments included that they believed misconduct of blackmail was indicated in para. 9 of the Design and Access Statement, for the allowing of the new driveway and the requirement for a Section 106 Agreement. The NCC was outraged that further application was being made for extra development on this site and that if the Council approved this application, it would have ‘succumbed to blackmail’. There was also concern over the third exit, due to the risk of road accidents due to an increase in traffic on Guisborough Road itself and that six trees would need to be felled to accommodate this new entrance way.

A detailed analysis of the application was included in the report. This analysis also addressed the objections by neighbouring occupiers and the Nunthorpe Parish and Community Councils. Reference was also made to the trees within the area and the highways issue and particular reference to policies DC1 of the Middlesbrough Local Development Framework.

Reasons for Recommendation

The application was acceptable in that it was in accordance with National and Local Policy Guidance contained within Planning Policy Statement 1 and the Middlesbrough Local Development Framework Core Strategy Policy DC1.

The details of the layout and design of vehicular access would not be detrimental to the character and appearance of the area or the amenities of nearby properties. Issues of the impact of the proposal on protected trees on the site had been considered and found to be acceptable. Issues of highways, traffic, vehicular access and car parking and the relationship with adjacent properties had been considered fully and found to be satisfactory.

The application was therefore considered to be acceptable and in accordance with relevant policy guidance and there were no material considerations which would indicate that the development should be refused.

The applicant was present and elected to address the committee. Objectors were present and their representative also elected to address the committee.

ORDERED that, subject to a signing of a Section 106 Agreement, the application be approved on condition that:

(i) no development shall take place on the site and no tree shall be felled or chopped until a programme for replacement planting identifying species, size and location of replacement trees has been submitted to and approved in writing by the Local Planning Authority. Prior to the use of the new access hereby approved, commencing or in accordance with the timetable to be agreed in writing by the Local Planning Authority, the replacement planting shall be carried out fully in accordance with the approved scheme. (ii) if within a period of 10 years from the date of the planing of any replacement tree it is removed uprooted or destroyed or dies or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree of the same size and species of that originally planted shall be planted in the same place unless the Local Planning Authority gives written consent to any variation. (iii) the never driveway/access hereby approved shall be constructed using a cellular confinement system installed in accordance with the manufacturers instructions and Arboricultural practice note 12. Prior to the commencement of the development, the Tree Protection Plan and Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority and thereafter shall be completed in full accordance with the approved details before use commences. (iv) prior to the use of a vehicular access hereby approved commencing, the existing access would serve 200b Guisborough Road shall be closed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. (Reasons as detailed in the report).

DECLARATIONS OF INTEREST

Councillor Kahn declared a Prejudicial Interest in the following application, on the grounds that he knew the applicant. Councillor Khan left the room and took no part in the discussion or the decision-making process.

Councillor McPartland declared a Personal Interest, in that a resident had telephoned him and attempted to discuss this application. Councillor McPartland stepped down as Chair, and the Vice Chair, Councillor Brunton assumed the Chair for the following item only.

M/FP/0797/09/P – First floor only extension at 110-114 Waterloo Road for Mr M Majid

The Head of Development Control and the Chair had identified this application as requiring a site visit. Accordingly Members undertook a site visit prior to the meeting.

Details of the plan status and planning history were outlined in the report.

Members were advised that the subject of this application was for a 15.5m wide first floor extension across the full width of the existing ground floor extension to provide additional storage for the shop. The extension which has a flat roofed design, which would bring the height of the rear extension to 5m.

Neighbourhood consultations had taken place and an objection was received from the occupier of No.74 Woodlands Road on the ground that this extension would create loss of light to the kitchen, there would be flooding from the rainwater running off the flat roof and there could be possible storage of inflammable goods.