The Director of Law, HR and Asset Management submitted the minutes of the meetings held on 15 Feb 2011 and 8 Mar 2011.

RECOMMENDED:  That the minutes be received.

The Director of Law, HR and Asset Management submitted the minutes of the meetings held on 15 Feb 2011 and 8 Mar 2011.

Resolved – That the minutes be received.

Members of the committee are asked whether they have any personal or prejudicial interests in connection with any application on the agenda and, if so, to declare them and state the nature of the interest.

Members of the Committee were asked whether they had any personal or prejudicial interests in connection with any application on the agenda and, if so, to declare them and state the nature of the interest.

Councillor David Elderton declared a prejudicial interest in respect of planning applications APP/10/01331 – North West House, Grange Road, West Kirby, CH48 4DY – Addition of covered canopy at first floor level and amendment to balcony detail, APP/11/00016 – Kukis, 119-120 Banks Road, West Kirby, CH48 0RB – Change of use of first and second floors from two self contained flats to eleven B &B/Hotel en-suite bedrooms and APP/11/00025 - Victoria Gardens, Marine Promenade, New Brighton - 24 apartments and 24 associated car parking spaces, plus 13 car parking spaces reserved for Floral Hall Theatre, with vehicular accesses from Virginia Road, and complementary hard and soft landscaping, by virtue of having given tacit or written support in his role as Cabinet member for Culture, Tourism and Leisure.

Councillor Eddie Boult declared a prejudicial interest in respect of APP/10/01331 - North West House, Grange Road, West Kirby, CH48 4DY – Addition of covered canopy at first floor level and amendment to balcony detail, by virtue of having previously spoken on this matter in his role as ward Councillor. Councillor Boult also declared a personal interest in APP/10/01482 - Beechwood Recreation Centre, 18 Beechwood Drive, Beechwood, CH43 7SY - Creation of a new multi use sports centre on the site of an existing football cage, by virtue of him being on the Board of Beechwood and Ballantyne Community Housing Ltd.

Councillor John Salter brought to the attention of the Committee that he had held long discussions with Mr D Darroch, one of the objectors to APP/1100025 - Victoria Gardens, Marine Promenade, New Brighton - 24 apartments and 24 associated car parking spaces, plus 13 car parking spaces reserved for Floral Hall Theatre, with vehicular accesses from Virginia Road, and complementary hard and soft landscaping.

Members are asked to request all site visits before any application is considered. 

Members were asked to submit their requests for site visits before any planning applications were considered.

The following site visit was unanimously approved:

APP/11/00071 - 17 Albany Road, Rock Ferry, CH42 4QH New shop front, ventilation units to gable, internal alterations and retention of single storey rear extensions (amended description).

The Chair agreed to vary the order of business.

The Director of Technical Services submitted the above application for consideration.

Councillor David Elderton having previously declared an interest in this matter left the room during consideration of this item. 

Councillor Eddie Boult, ward Councillor, having previously declared an interest in this matter left the room during consideration of this item following his address to the Committee.

A ward Councillor addressed the meeting.

A petitioner addressed the meeting.

The applicant’s agent addressed the meeting.

On a motion by Councillor Dave Mitchell and seconded by Councillor John Salter it was:

Resolved (10:00) – That the application be approved subject to the following conditions;

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. The external seating area hereby approved shall not be used between the hours 21.00 hours and 08.00 hours Monday to Sunday.

3. No live or recorded music or amplified voices shall be played in the outside area at any time.

4. Full details are to be submitted and approved in writing by the Local Planning Authority for a scheme of self-closing mechanisms on all first-floor doors between inside and outside areas to the premises prior to development commencing.  Upon receipt of written approval by the Local Planning Authority all details must be carried out in full and retained as such thereafter before the balcony is used by customers.

5. The development shall be built in accordance with the plans received 3 March 2011.

The Director of Technical Services submitted the above application for consideration.

Councillor Eddie Boult having previously declared an interest in this matter left the room during consideration of this item.

On a motion by Councillor Dave Mitchell and seconded by Councillor John Salter it was;

Resolved (11:00) – That the application be approved subject to the following conditions;

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. Before any construction commences, samples of the materials to be used in the external construction of this development shall be submitted to and approved in writing by the Local Planning Authority. The approved materials shall then be used in the construction of the development.

3. The development hereby permitted shall be carried out in accordance with the following approved plans: Proposed North Elevation E03 and Proposed South Elevation E04 received 24th December 2010; General Arrangement P09043-A100 Rev D2 received 23rd February 2011, and; Proposed East Elevation Rev A, Proposed Ground Floor Plan Rev A and Proposed West Elevation Rev A received 14th March 2011.

4. No part of the development shall be brought into use until space and facilities for cycle parking of a type and in a location previously submitted to and agreed in writing by the Local Planning Authority have been provided and these facilities shall be permanently retained thereafter.

The Director of Technical Services submitted the above application for consideration.

A petitioner addressed the meeting.

Two ward Councillors addressed the meeting.

It was moved by Councillor James Keeley and seconded by Councillor Mark Johnston:

That the application be refused on the grounds that the proposed change of use would be contrary to Policy SH1 of the Unitary Development Plan, in that it would exacerbate and cause further nuisance to local residents. In addition, the site did not meet the separation distances clearly set out in SPD3.

It was moved as an amendment by Councillor Dave Mitchell and seconded by Councillor Denise Realey:

That the application be approved subject to the following conditions:

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. No trading shall take place at the premises between the hours of 0000 hours and 09:00 hours Monday-Sunday

3. In order to minimise disturbance to nearby residents the sliding/folding doors located in the front elevation of 54 Wallasey Road shall be closed no later than 2100 hours Monday - Sunday.

The amendment was put and lost (5:7).

The motion was put and carried (7:5).

Resolved (7:5) – That the application be refused on the grounds of the proposed change of use would be contrary to Policy SH1 of the Unitary Development Plan, in that it would exacerbate and cause further nuisance to local residents. In addition, the site does not meet the separation distances clearly set out in SPD3.

The Director of Technical Services submitted the above application for consideration.

Councillor David Elderton, having previously declared an interest, left the room during consideration of this application.

A ward Councillor addressed the meeting.

Councillor Dave Mitchell confirmed to the Committee that he had received a letter from a resident regarding parking in the area.

On a motion by Councillor Dave Mitchell and seconded by Councillor Denise Realey it was;

Resolved (11:00) – That the application be approved subject to the following conditions;

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. No part of the development shall be brought into use until space and facilities for cycle parking of a type and in a location previously submitted to and agreed in writing by the Local Planning Authority have been provided and these facilities shall be permanently retained thereafter.

The Director of Technical Services submitted the above application for consideration.

Councillor David Elderton, having previously declared an interest, left the room during consideration of this application.

Two petitioners addressed the meeting.

The applicant addressed the meeting.

A ward Councillor addressed the meeting.

On a motion by Councillor Dave Mitchell and seconded by Councillor Brian Kenny it was:

Resolved (7:2) (2 abstentions) – That the application be approved subject to the following conditions;

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. Details of materials for all external work including samples, shall be submitted to and approved by the Local Planning Authority before any work is commenced. The development shall be implemented in accordance with the approved details and retained as such thereafter.

3. Before the development hereby permitted is first commenced, a datum for measuring land levels shall be agreed in writing. Full details of existing and proposed ground levels and finished floor levels shall be taken from that datum and submitted to and approved in writing by the Local Planning Authority, not withstanding any such detail shown on previously submitted plans. The development shall be carried out in accordance with the approved details.

4. No part of the development shall be brought into use until areas for vehicle parking, turning and manoeuvring have been laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and these areas shall be retained thereafter for that specific use.

5. No part of the development shall be brought into use until space and facilities for cycle parking of a type and in a location previously submitted to and agreed in writing by the Local Planning Authority have been provided and these facilities shall be permanently retained thereafter.

6. The remainder of the undeveloped land within the curtilage of the site shall be suitably landscaped in accordance with a scheme to be submitted to and approved by the Local Planning Authority prior to commencement of any works on the site. Such landscaping work shall be completed prior to the first use of the building hereby permitted and thereafter maintained to the satisfaction of the Local Planning Authority. Any trees and shrubs planted in accordance with the landscaping scheme which, within 5 years of planting are removed, dying, seriously damaged or become diseased shall be replaced to the satisfaction of the Local Planning Authority, by trees and shrubs of similar species.

7. Details of all fencing, walls, gateways and means of enclosure shall be submitted to and approved by the Local Planning Authority before the development hereby approved is completed and the work shall be carried out prior to occupation, in accordance with the details so approved, and retained as such thereafter. 

8. The development hereby permitted shall not be commenced until such time as a scheme to raise finished ground floor levels of the development has been submitted to, and approved in writing by, the Local Planning Authority.  ...  view the full minutes text for item 186.

The Director of Technical Services submitted the above application for consideration.

On a motion by Councillor Dave Mitchell seconded by Councillor David Elderton it was:

Resolved (12:00) – That the application be approved subject to the following conditions;

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the date of the approval of the last of the reserved matters, whichever is the later.

2. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the date of the approval of the last of the reserved matters, whichever is the later.

3. Details of the reserved matters set out below shall be submitted to the Local Planning Authority for approval within three years from the date of this permission:

(a)  Scale

(b)  Appearance

(c)  Landscaping

(d)  layout

(e)  means of access

Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced and shall be carried out as approved.

4. Plans and particulars of the reserved matters referred to in condition 1 above shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

5. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

6. Development shall not commence until a scheme for the provision of cycle parking has been submitted to and agreed in writing by the local planning authority.  The cycle parking facility shall be erected in accordance with the approved details prior to the occupation of the development hereby approved and retained as such thereafter.

7. Any further submission of details shall include floor levels of the dwelling(s) and relationship to the level of the highway.

8. Details of land / surface water drainage shall be submitted to and approved in writing by the local planning authority prior to the commencement of development.  The drainage scheme shall be carried out in accordance with the approved details prior to the development hereby approved being brought into use.

9. Details of any security or floodlighting shall be submitted to and agreed in writing with the Local Planning Authority before any such lighting is brought into use.

10. Before any development is commenced full details including levels, gradients and outfalls for the land drainage of the site together with the method to be used for dealing with existing land drainage and in particular its connection to the proposed new system shall be submitted to and agreed in writing with the Local Planning Authority. The drainage works comprised in the agreed details shall be completed before the development is occupied / brought into use.

11. As part of the  ...  view the full minutes text for item 187.

The Director of Technical Services submitted the above application for consideration.

It was moved by Councillor Stuart Kelly and seconded by Councillor James Keeley that the application be refused on the grounds that it would contravene PPS24: Planning and Noise in that the changes would go beyond the window that is outlined in PPS24 as the time when people would normally be sleeping (2300 to 0700).

The motion was put and lost (4:8).

On a motion by Councillor Dave Mitchell and seconded by Councillor Denise Realey it was:

Resolved (8:4) – That the application be approved subject to the following conditions;

1. The development to which this permission relates must be begun not later than the 9th October 2010.

2. No development shall commence until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  The details shall include the construction of a sample panel of proposed brickwork and pointing on site.  The development shall be carried out in accordance with the approved materials and sample panel detailing.  The approved sample panel shall be retained on site until removal is authorised by the local planning authority.

3.Development shall not commence until a scheme for the provision of cycle parking has been submitted to and agreed in writing by the local planning authority.  The cycle parking facility shall be erected in accordance with the approved details prior to the occupation of the development hereby approved and retained as such thereafter.

4. Details of land / surface water drainage shall be submitted to and approved in writing by the local planning authority prior to the commencement of development.  The drainage scheme shall be carried out in accordance with the approved details prior to the development hereby approved being brought into use.

5.The car parking area(s) shall be suitably formed and hard-surfaced concurrently with the remainder of the development to the satisfaction of the Local Planning Authority in accordance with details to be submitted to and agreed in writing with the Local Planning Authority before development commences. The car parking area(s) shall be retained thereafter.

6. Details of any security or floodlighting shall be submitted to and agreed in writing with the Local Planning Authority before any such lighting is brought into use.

7. Development shall not be commenced until a Travel Plan has been submitted to and approved in writing by the local planning authority. The provisions of the Travel Plan shall be implemented and operated in accordance with the timetable contained therein and shall not be varied other than through agreement with the local planning authority.

For the avoidance of doubt, such a plan shall include:

• Access to the site by staff and visitors;

• Information on existing transport services to the site and staff and visitor travel patterns;

• Travel Plan principles including measures to promote and facilitate more sustainable transport;

• Realistic targets for modal shift  ...  view the full minutes text for item 188.

The Director of Technical Services submitted the above application for consideration.

A petitioner addressed the meeting.

A ward Councillor addressed the meeting.

On a motion by Councillor Dave Mitchell and seconded by Councillor Mark Johnston it was:

Resolved (12:00) - That the application be approved subject to the following conditions;

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. The fire escape shall be used for emergency purposes only and not at any other time.

3. Before development commences details of a screen to the south elevation of the fire escape staircase measuring 1.7 metres in height should be submitted to and approved in writing by the Local Planning Authority. The screen should be erected before the flats hereby approved are brought into use remain in place thereafter.

4. No part of the development shall be brought into use until space and facilities for cycle parking of a type and in a location previously submitted to and agreed in writing by the Local Planning Authority have been provided and these facilities shall be permanently retained thereafter.

5. The development hereby approved shall not be brought into use until the car parking areas have been laid out in accordance with the details in drawing no. 4.

Resolved – That consideration of the item be deferred for a formal site visit.

The Director of Technical Services submitted a report that advised members of the erection of a shed on land adjacent to Elm Road, Irby, Wirral without the benefit of planning permission.  It was reported that it was considered that it would not be expedient to take enforcement action against the development and the report sought authority from the Planning Committee not to take any further action.

Resolved - That no enforcement action be taken.

The Director of Technical Services submitted a report that advised members of the removal of a section of wall at Oxton Road Congregational Church without listed building consent.  It was reported that it would not be expedient to commence with formal enforcement action requiring the wall to be reinstated and the report sought authority from the Planning Committee not to take any further action.

Resolved – That no enforcement action be taken.

The Interim Director of Corporate Services submitted a report on the proposed adoption of the Port Sunlight Village Conservation Management Plan 2007.  Copies of the Conservation and Management Plan and the Landscape Report were also submitted as appendices.

Resolved:

(1)  That the Planning Committee agree that the document be adopted as material guidance in planning and conservation matters.

(2)  That the report be referred to Cabinet for approval.

The Director of Technical Services submitted a report detailing applications delegated to him and decided upon between 24/02/2011 and 21/03/2011.

Resolved – That the report be noted.