PLANNING AND DEVELOPMENT COMMITTEE

A meeting of the Planning and Development Committee was held on 6 January 2006

PRESENT: Councillor McPartland (Chair), Councillors Bloundele, Ismail, Sanderson, Mrs B Thompson and K Walker.

OFFICIALS: M Chisholm, V Flynn, A Hughes and R Sales.

**DECLARATIONS OF INTEREST: None

**APOLOGIES FOR ABSENCE were submitted on behalf of Councillors Brunton, Ferrier, McIntyre and McTigue.

**MINUTES

The Minutes of the meeting held on 9 & 16 December were submitted and approved as a true record.

NOTED

(A fire alarm was activated which required the meeting to be adjourned for thirty minutes, from 1.35 p.m. to 2.05 p.m.)

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 a Principal Planning Officer reported thereon.

ORDERED that the following applications be determined as shown: -

M/FP/2328/05/P – Demolition of single storey off-shoot to rear and garage and single storey extension to rear and pitched roof detached garage to rear of 147 Acklam Road for Mr & Mrs Berbode.

At the request of the Ward Councillor and an objector present, this application was deferred pending a site visit.

Deferred pending a site visit.

M/FP/2290/05/P – Conservatory to rear of 6 Wyke Lane, Nunthorpe, for Mr S Downing.

The Head of Planning and Regeneration Programme advised Members that this application had been deferred at the last meeting pending a site visit. Accordingly a site visit had been held prior to the meeting.

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

Particular reference was made to policies E1, HO14 and E41 of the Middlesbrough local plan.

Full details of the proposal were included in the report. It was noted that the conservatory would be of a particularly large size projecting 9.6m to the rear and extending for the width of 10m along the rear elevation, occupying a footprint of some 85m2.

Consultations had taken place and Members were advised that the adjacent property at 7 Wyke Lane was currently for sale. Number 7 & 8 Collingham Drive to the rear were currently under construction. In view of this Yuill Homes as the owner of the three immediate properties had been consulted and their comments were reported at the meeting.

A detailed analysis of the application was also included in the report.

The agent was present and briefly addressed the committee.

Reasons for Recommendation

The application was unacceptable in that it was contrary to and conflicted with National Policy Guidance, Planning System General Principal and Planning Policy Guidance Note 15, Planning and the Historic Environment, and Middlesbrough Local Plan Policies E1, E41 and H014.

In particular the proposed conservatory is of a scale, design and appearance, which was not complimentary to the existing property and the character of the area. It would have a detrimental impact on the amenities of adjacent residence and would prejudice the appearance of the area. It was considered that the scale, design, appearance and location would be detrimental to the character and appearance of the Conservation Area.

The application was therefore considered to be an unacceptable form of development contrary to National and Local Policy and Guidance and there were no material considerations which would indicate that the development should be approved.

Refused on the grounds that (i) the proposal was contrary to and conflicted with the provisions and policies E1, H014 and E41 of the Middlesbrough local plan (ii) the proposed conservatory by reason of size, location, appearance and design would be detrimental to the amenities of adjacent occupiers and the amenities of the area (iii) the conservatory by reason of design, layout and appearance would be detrimental / harmful to the character and appearance of the conservation area (iv) the proposal would if approved create an undesirable precedent, which would make similar proposals difficult to resist, to the detriment of the amenities of the Conservation Area.

M/FP/2351/05/P – Single storey extension to rear of 51 Ruskin Avenue, Acklam for Mr C and Mrs P Cunningham.

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

Full details of the proposal were included in the report.

Neighbourhood consultations had taken place and one letter of objection was lodged by the occupier of No. 53 Ruskin Avenue on the grounds that they were concerned that the patio doors to be fitted on the western elevation would overlook their property and cause a loss of privacy; and the variation in the properties ground levels would cause the extension to be overbearing and they wished that the development was built that opaque glass be used in the Velux roof windows and the patio doors be repositioned from the western side to the rear of the property facing the garden.

A detailed analysis of the application was also included in the report. Particular reference was made to Policies E1 and HO14 of the Middlesbrough Local Plan.

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

Members agreed that, prior to any decision being reached, a site visit be undertaken.

Deferred pending a site visit.

(Councillor Sanderson wished it to be recorded that, on religious grounds, he was abstaining from participating in any discussion and voting thereon, for the following application).

M/FP/2382/05/P – Provision of Internal Hotel Casino facilities at Thistle Hotel, Fry Street for Thistle Hotel (Management) Limited.

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

Members were advised that this proposal was for the change of use of part of the existing hotel and leisure club at the Thistle Hotel to form an integral Casino. Further details were included in the report.

Neighbourhood consultations had taken place. Members were advised that a letter of objection had been received ten minutes prior to the start of the meeting. The whole committee wished to record their objection to the receipt of objections at such a late stage and there was insufficient time to digest the contents therein. However, upon taking legal advice, Members heard a summary of the objections received. Members also heard a statement in support of the application from the applicant.

A detailed analysis of the application, with particular reference to Policies E1, TC1, LT5, LT7, TL23 and TL24, was included in the report. The analysis also included information on the planning history, National and Regional Policy Framework, Local Plan Policies, supporting statements and use class orders.

Reasons for Recommendation

The proposed development was considered to be appropriate for both the application site itself and within the surrounding area in that the proposal was in accordance with national, regional and local planning policies, statements and guidance. The relevant policies and guidance were contained within the following documents:

-  Planning Policy Statement 6 (PPS 6) – Planning for Town Centres

-  Regional Planning Guidance for the North East (RPG1)

-  Regional Spatial Strategy for the North East (RSS – Submission Draft, June 2005)

-  Tees Valley Structure Plan (2004)

-  Middlesbrough Local Plan (1999) – Policies E1, TC1, LT5 and LT7.

In particular the proposal met with local and national planning policy statements and guidelines and structure plan policies regarding the efficient use of land, appropriate scales of development, sustainable development and accessibility, whilst proposing a development that would be in keeping with the character of existing uses in the surrounding area and would not be detrimental to local and residential amenities of the surrounding area.

Issues of national and local planning policy, and of the previous history of the site, had been considered fully and were not considered to give rise to any inappropriate or undue affects. Accordingly, the Local Planning Authority considered that there were no material planning considerations that would override the general assumption that the development be approved unless other material factors determine otherwise. On this basis, the recommendation for conditional approval was set out for these reasons.

Approved on condition that (i) before any fixed plant and machinery including refrigeration and air conditioning equipment is used on the premises, it shall be enclosed with sound insulating material and mounted in a way which will minimise transmission of air borne and structure borne sound, in accordance with a scheme to be approved in writing by the Local Planning Authority (ii) before the first use of the premises, details of the proposed external alterations to form a casino entrance within the western elevation shall be submitted to and approved by the Local Planning Authority. Thereafter these details shall be implemented in accordance with the approved plans. (Reasons as detailed in the report).

M/24/2444/05/P – 15 Metre High Telecommunications Monopole with Antenna/Dishes and Ancillary Equipment to the rear of Warelands Way, adjacent to Unit D1 and Railway Line for Daly International Limited.

Details of the proposal were included in the report.

Consultations had taken place and Longlands and Marton Grove Community Council objected to the proposal on the grounds that the proposed mast was close to residential homes, would be harmful to health and had not been cleared by the Government under Health and Safety Legislation. A detailed analysis of the application was included in the report.

The agent was present and briefly addressed the committee.

Reasons for Recommendation

The application was satisfactory and that the design and location of the proposed Telecom mast accords with the principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements (Policy E1 and U2 of the Council’s Local Plan).

In particular the mast was designed and located so that it would not have a detrimental impact on the amenity of any nearby residents. The mast would not prejudice the appearance of the area.

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

Approved.

M/FP/2308/05/P – Change of use from retail to A2 estate agency at 421 Linthorpe Road for L Knight.

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

Members were advised that the property as existing was a vacant class A1 carpet shop. Planning consent was sought for a change of use from a class A1 shop to a new class A2 estate agency. No alterations were shown to the elevations of the existing shop.

A detailed analysis of the application was included in the report and particular reference was made to policies E1 and SA11 of the Middlesbrough Local Plan.

Reasons for Recommendation

The application was satisfactory in that the change of use from shop to a2 use accorded with the principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements (Policies E1 and SA11 of the Council’s Local Plan).

In particular the proposal was located within an area identified on the Council’s Local Plan for shop purposes and as such the A2 use would be consistent with the uses of the surrounding area. The use would not be detrimental to the character of the area or amenity of surrounding properties, nor will the traffic generation, car parking or noise associated with the use be of a level likely to result in an unacceptable impact on nearby residents. The use would not affect the function or character of the area. The A2 use would not have a significant affect on visual amenity.

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

Approved

M/FP/2322/05/P – Provision of two no. refuse stores for adjacent dwellings at Grey Towers Gardens, Wyke Lane, Nunthorpe, for Country & Metropolitan Homes.

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

Members were reminded that following the completion of the walled garden development, Country & Metropolitan Homes provided two no. unauthorised Euro bin storage areas to serve the wall garden and stable properties. Following a site visit it was Members’ decision that the unauthorised bin stores be removed. The refuse storage arrangement subsequently replaced the Euro bins with individual wheelie bins. The current arrangements require the individual wheelie bins to be taken from the occupier’s property to the collection point by the individual householder on the appointed collection day and subsequently collected by the householder. The individual bins were visible on collection day but for the remainder of the time the bins were located adjacent to the individual property and out of sight.

The applicant was now seeking planning permission to change the current arrangements. Planning consent was sought to replace the existing wheelie bins with Euro bins, the location of which was included in the report. Members were advised that the developer had written to 28 residents asking if they accepted or disagreed with the revised proposal. To date, 14 replies had been received, of which 13 had agreed to the proposal and 1 had disagreed.

Middlesbrough Council had undertaken neighbourhood consultations and an objection received from the occupier of 2 Grey Towers Stables, the details of which were included in the report.

A detailed analysis of the application was also included in the report.

Reasons for Recommendation

The application was satisfactory in that the design, location and appearance of the refuse storage areas accorded with the Principles of National Planning Policy (Planning Policy Statement 1) and Planning Policy Guidance Note 15, Planning and the Historic Environment and Local Plan Policy requirements (Policies E1, E40 and E41).

In particular the refuse storage areas were designed and located so that their appearance was acceptable with regard to the setting of the listed building and the character and appearance of the Conservation Area. The refuse storage areas would not have a detrimental impact on the amenity of nearby residents and would not significantly affect any landscaping or prevent adequate or safe access

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