Meeting documents

Planning Committee
Thursday, 4th October 2007

Present

Chair

JR Cocker

Vice-Chair

Brian Kenny

Councillors

DM Elderton, G Gardiner, AT Jennings, DS Kirwan, GD Mitchell, SR Mountney, SL Rowlands, JJ Salter

Deputies

GJ Ellis, DT Knowles

Index to Minutes

Minute 114 - DECLARATIONS OF INTEREST

Minute Text :

20076608 - 3 Oldfield Close, Heswall - Remodelling of dwelling to two-storey dwelling and single storey front extension - Councillor Rowlands declared a prejudicial interest by virtue of having asked for the application to be taken out of delegation.

20076431 - Birkenhead School Sports Ground, Noctorum Road, Noctorum - Change of use from playing fields to playing fields and occasional use as helicopter landing site - Councillor Kirwan declared a prejudicial interest in this application by virtue of having expressed an opinion in a letter to the local press.


20076545 - The Twelfth Man, Greasby Road, Greasby - Removal of condition 2 on APP/2007/5403 relating to use of raised decking areas - Councillor Salter declared a prejudicial interest in the application by virtue of being a member of the Licensing Act 2003 Panel which considered an application for the premises and left the room while it was considered.

BREACH OF PLANNING CONTROL REGARDING THE OPERATION OF A HOT FOOD TAKE-AWAY AFTER 11.30pm AT 94/96 TELEGRAPH ROAD, HESWALL - Councillor Salter declared a prejudicial interest in the application by virtue of being a member of the Licensing Act 2003 Panel which considered an application for the premises and left the room while it was considered.

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Minute 115 - REQUESTS FOR SITE VISITS

Minute Text :

Members were asked to request site visits before any application is considered from the Plans List.

The following site visits were requested and approved:

20076181 - Land at Warren Nurseries, Thingwall Road East, Thingwall - Outline application for the development of a One Stop Primary Care Centre, including new vehicular access off Thingwall Road East and ancillary car parking.

20076508 - Land north of Kings Parade, New Brighton - Regeneration scheme incorporating commercial, leisure and tourism facilities; hotel, retail store, A3/4 units; upgrading public realm and marine lake; facilities and associated infrastructure (Outline).

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Minute 116 - 20067587 - The Octel Club, Bridle Road, Bromborough - Erection of a single-storey extension to rear with decking and two new entrance lobbys with a canvas canopy to front of one of them

Minute Text :

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



Minute Decision :

Resolved - That the application be refused for the following reason:

The proposed development would, having regard to its scale, design and location, have a detrimental impact on the character of a building of special architectural and historical merit. Whilst the building is not formally listed, in the Council's view, the proposals would detrimentally affect the setting and integrity of a building that contributes positively to the fabric of the locality and as such, would be contrary to the principles of Policies DP1 and ER1 of the Regional Spatial Strategy for the North West.

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Minute 117 - 20075843 - Tesco Superstore, Telegraph Road, Heswall - Variation of Condition 8 on planning approval APP/2002/6748/D to change service hours of the service yard

Minute Text :

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



Minute Decision :

Resolved - That the application be deferred for further investigation by the Director of Technical Services.

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Minute 118 - 20076128 - Toronto Garage, Wallasey Village, Wallasey - Erection of three-storey building containing ground-floor retail space and 7 No. flats and erection of 5 No.townhouses (12 residential units in total)

Minute Text :

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

A ward councillor addressed the committee.



Minute Decision :

Resolved - That the application be approved subject to the following conditions:

1 The development to which this approval relates must be begun not later than whichever is the later of the following dates:-

A) The expiration of three years from the date of the outline planning permission.

OR

B) The expiration of two years from the final approval of the reserved matters, or in the case of approval on different dates, the final approval of the last such reserved matter to be approved

2 The development hereby approved shall be carried out in accordance with the details shown on the plan(s) received by the Local Planning Authority on 17th August 2007 and 2nd October 2007.

3 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.

4 Before the development hereby permitted is begun, details of dropped kerbs for pedestrians to be installed at the junction of the new access with Wallasey Village shall be submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the scheme.

5 Before the development hereby permitted is begun, full details of the proposed shop front shall be submitted to and agreed in writing by the Local Planning Authority.

6 A ground contamination survey shall be undertaken, taking into account any potential contaminants from all known previous land uses. Should this survey identify any such contaminants, then a scheme of remediation to render the site suitable for use shall be submitted to the Local Planning Authority for approval prior to such works being undertaken.

A statement giving precise details of the nature and extent of any such remediation, together with certification that the site has been made suitable for its intended use, shall be submitted to and approved by the Local Planning Authority before commencing any development of the site.

All operatives on site should be made aware of the health and safety implications from any contaminants present on the site prior to commencing work.

7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any order revoking and re-enacting that Order with or without modification) no new openings will be made in the rear boundary wall, which abuts the footpath of Wood Lane.

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Minute 119 - 20076148 - 'Redroofs', 24 Broadmead, Barnston - Erection of a two storey side/rear extension

Minute Text :

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



Minute Decision :

Resolved - 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 expiration of three years from the date of this permission.

2 The development hereby approved shall be carried out in accordance with the details shown on the plan(s) received by the Local Planning Authority on 15 August 2007.

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Minute 120 - 20076176 - Sydenham House and Depot, Port Causeway, Bromborough - Demolition of office block and depot and erection of 23 houses and 24apartments

Minute Text :

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


Minute Decision :

Resolved - (11:1) 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 expiration of three years from the date of this permission.

2 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.

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 No development shall be commenced until full details of soft and hard landscaping have been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall detail the locations, species and heights of all existing and proposed trees, shrubs and hedge planting and all existing and proposed grassed and hard surfaced areas and any other natural or proposed features.

5 All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 6.

6 The development hereby approved shall be carried out in accordance with the details shown on the plan(s) received by the Local Planning Authority on 7th August 2007.

7 Before the development hereby permitted is first commenced, a datum for measuring land levels shall be agreed in writing with the local planning authority. Full details of existing and proposed ground and finished floor levels on site and adjoining levels off site shall be taken from that datum, and submitted to and approved in writing by the local planning authority, notwithstanding any such detail shown on previously submitted plan(s). The development shall be carried out in accordance with the approved details.

8 Notwithstanding the details indicated on Plan 853-L01. Rev D, before development commences, further details of a purpose build bat brick shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

9 The ground contamination survey shall be undertaken, taking into account any potential contaminants from all known previous uses. Should this survey identify any such contaminants, then a scheme of remediation to render the site suitable for use shall be submitted to the Local Planning Authority for approval prior to such works being undertaken. A statement giving precise details of the nature and extent of any such remediation, together with certification that the site has been made suitable for its intended use, shall be submitted to and approved by the Local Planning Authority before commencing any development of the site.

10 Notwithstanding the details indicated on Plan HT5-P-01, HT14/06FL/2, HT14/06FL/3 and HT14/06FL/4, no development shall commence until further details of a scheme of double glazing provision to the facades of the 3 storey block that face towards Port Causeway, Thermal Road and Stadium Road be submitted and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

11 Notwithstanding the details indicated on Plan 853-L01. Rev D, and before development commences, further details of a fence measuring 2metre high from ground level to be erected along the entire length of the southern boundary shall be agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

12 Prior to the occupation of any dwellings the wall nearest to dwelling marked No 1 on Plan 853-L01. Rev D running parallel shall be reduced to less than 1 metre and shall remain at this height thereafter.

Footnote :

A petitioner addressed the committee.
The applicant addressed the committee.

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Minute 121 - 20076181 - Land at Warren Nurseries, Thingwall Road East, Thingwall - Outline application for the development of a One Stop Primary Care Centre, including new vehicular access off Thingwall Road East and ancillary car parking

Minute Text :

Resolved - That a formal site visit be carried out by all members of the Planning Committee on Friday, 5 October prior to considering the recommendation for the approval of the application on Tuesday, 9 October 2007.

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Minute 123 - 20076214 - 7 Ormiston Road, New Brighton - Change of use from a domestic dwelling to a care home

Minute Text :

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



Minute Decision :

Resolved - (9:3) 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 expiration of three years from the date of this permission.

2 The residents of the care home shall not be changed from those designated under code LD of the Commission for Social Care Inspection classification without the prior written agreement of the Local Planning Authority.

3 There shall be no more than 5 residents being treated and/or cared for at the premises at any one time.

Footnote :

A ward councillor addressed the committee.

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Minute 124 - 20076224 - Land south of 27 and 54 Christleton Close and east of 21-27 Christleton Close, Oxton - Variation of condition 11 of APP/2005/5945 relating to site access during construction

Minute Text :

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



Minute Decision :

Resolved - That the application be approved.

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Minute 125 - 20076248 - Land on south side of Wharf Street, Port Sunlight - Erection of forty eight apartments in a three storey development

Minute Text :

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



Minute Decision :

Resolved - 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 expiration of three years from the date of this permission.

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 The site of the proposed development has been identified as a site of archaeological interest. No development shall take place until at least 14 days notice of the commencement of the works has been given in writing to the Local Planning Authority and the Director of National Museums and Galleries on Merseyside, William Brown Street, Liverpool. L3 8EN. Access shall be afforded at all reasonable times to allow an archaeologist nominated by the Director of Museums to carry out a watching brief throughout the development.

5 No development shall take place until details of landfill gas monitoring of the site, together with a scheme for gas exclusion control relating to the construction of the building and/or the application site, have been submitted to, and, in the case of the scheme, approved by the Local Planning Authority. The approved scheme be implemented before the building is occupied.

6 No development shall take place until a ground contamination survey has been undertaken, taking into account any potential contaminants from all known previous land uses. Should this survey identify any such contaminants, then a scheme of remediation to render the site suitable for use shall be submitted to and approved in writing by the Local Planning Authority prior to such works being undertaken. A statement giving precise details of the nature and extent of any such remediation, together with certification that the site has been made suitable for its intended use, shall also be submitted to and approved in writing by the Local Planning Authority.

7 No development shall be commenced until full details of soft and hard landscaping have been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall detail the locations, species and heights of all existing and proposed trees, shrubs and hedge planting and all existing and proposed grassed and hard surfaced areas and any other natural or proposed features.

8 Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority.

9 All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 7. The works shall be carried out:

- Prior to the occupation of any part of the development;

10 The erection of fencing for the protection of trees shall be undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of 1.5 metre high chestnut paling fence (or other approved fence) erected at the full extent of each tree. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made without the written permission of the Local Planning Authority.

11 Details of bin stores shall be submitted and agreed in writing with the Local Planning Authority before development commences. The bin stores shall be constructed in accordance with the approved details before the first flat is occupied.

Footnote :

A ward councillor addressed the committee

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Minute 126 - 20076254 - Land north of and including 353-355 Old Chester Road, Rock Ferry - Erection of 12 no. self contained apartments (amended description)

Minute Text :

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



Minute Decision :

Resolved - 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 expiration of three years from the date of this permission.

2 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.

3 Pedestrian visibility splays of 2.4 metres by 2.4 metres shall be provided at the junction of the proposed access with before any part of the development is brought into use. These splays shall be retained thereafter.

4 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.

5 No development shall be commenced until full details of soft and hard landscaping have been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall detail the locations, species and heights of all existing and proposed trees, shrubs and hedge planting and all existing and proposed grassed and hard surfaced areas and any other natural or proposed features.

6 Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority.

7 All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 6. The works shall be carried out:

- Prior to the occupation of any part of the development;

- In accordance with a programme to be agreed with the Local Planning Authority;

- Within 3 months of the first use of the development with the exception of soft landscaping which

shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use.

8 The development hereby approved shall be carried out in accordance with the details shown on the plan(s) received by the Local Planning Authority on 12.9.07.

9 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 and finished floor levels on site and adjoining levels off site shall be taken from that datum and submitted to and approved in writing by the local planning authority, notwithstanding any such detail shown on previously submitted plan(s). The development shall be carried out in accordance with the approved details.

10 The obsolete accesses which have previously served the site shall be reinstated to standard footway levels to the satisfaction of the Director of Technical Services prior the occupation of the first flat.

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Minute 127 - 20076394 - McAllester Memorial Playing Fields, Bidston Road, Oxton - Change of use from playing fields to playing fields and occasional use as a helicopter landing site

Minute Text :

The Director of Technical Services reported that the above application had been withdrawn by the applicant.

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Minute 128 - 20076431 - Birkenhead School Sports Ground, Noctorum Road, Noctorum - Change of use from playing fields to playing fields and occasional use as helicopter landing site

Minute Text :

The Director of Technical Services reported that the above application had been withdrawn by the applicant.

Councillor Kirwan declared a prejudicial interest in this application by virtue of having expressed an opinion in a letter to the local press.



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Minute 129 - 20076508 - Land north of Kings Parade, New Brighton - Regeneration scheme incorporating commercial, leisure and tourism facilities; hotel, retail store, A3/4 units; upgrading public realm and marine lake; facilities and associated infrastructure (Outline)

Minute Text :

Minute Decision :

Resolved - That a formal site visit be carried out by all members of the Planning Committee on Friday, 5 October prior to considering the recommendation for the approval of the application on Tuesday, 9 October 2007.

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Minute 130 - 20076545 - The Twelfth Man, Greasby Road, Greasby - Removal of condition 2 on APP/2007/5403 relating to use of raised decking areas

Minute Text :

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

Councillor Salter declared a prejudicial interest in the application by virtue of being a member of the Licensing Act 2003 Panel which considered an application for the premises and left the room while it was considered.

Minute Decision :

Resolved - That the application be refused for the following reason:

The Local Planning Authority considers that by reason of noise and general disturbance likely to be generated, the proposed development would be detrimental to the amenities which the occupiers of nearby residential properties could reasonably expect to enjoy.

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Minute 131 - 20076550 - 10 Thingwall Road, Irby - Change of use from newsagents to Use Class A3 restaurant and cafe

Minute Text :

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



Minute Decision :

Resolved - (11:1) 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 expiration of three years from the date of this permission.

2 The premises shall be closed between the hours of 23.00 hours and 12.00 hours.

3 A fume extraction system together with any external ducts shall be installed prior to the use commencing and shall be operated in accordance with a scheme, details of which shall previously have been submitted to and agreed in writing with the Local Planning Authority

4 A suitable noise insulation scheme between the ground floor and the residential accommodation should be submitted in writing to and approved by the Local Planning Authority and completed prior to commencement of the business, unless the accommodation is to be used solely by the owner of the business.

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Minute 132 - 20076568 - 65-67 Shrewsbury Road, Oxton - Alterations to windows and internal layout to scheme approved on planning application APP/05/7440 Conversion into 12 apartments

Minute Text :

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



Minute Decision :

Resolved - 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 expiration of three years from the date of this permission.

2 The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building.

3 Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority.

4 Notwithstanding the details contained in the approved plans, no development shall be commenced until full details of soft and hard landscaping have been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall detail the locations, species and heights of all existing and proposed trees, shrubs and hedge planting and all existing and proposed grassed and hard surfaced areas and any other natural features

5 The materials to be used in the in filling of the existing stone boundary wall adjacent to Shrewsbury Road shall match the materials and height of the existing stone wall and shall be retained as such thereafter unless any variation is given in writing by the Local Planning Authority.

6 Before any development is commenced full details of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be implemented prior to the occupation of the premises hereby approved and shall be retained as such thereafter.

7 All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 4. The works shall be carried out:

- Prior to the occupation of any part of the development;

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Minute 133 - 20076608 - 3 Oldfield Close, Heswall - Remodelling of dwelling to two-storey dwelling and single storey front extension

Minute Text :

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

Councillor Rowlands declared a prejudicial interest by virtue of having asked for the application to be taken out of delegation and left the meeting while it was considered.

Minute Decision :

Resolved - 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 expiration of three years from the date of this permission.

2 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.

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Minute 134 - 20076654 - 20 Barker Lane, Greasby - Erection of a timber built cattery at the rear of the garden

Minute Text :

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



Minute Decision :

Resolved - That the application be deferred to consider the re-siting of the cattery.

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Minute 135 - BREACH OF PLANNING CONTROL REGARDING THE OPERATION OF A HOT FOOD TAKE-AWAY AFTER 11.30PM AT 94/96 TELEGRAPH ROAD, HESWALL

Minute Text :

The Director of Technical Services submitted a report advising members of the operation of a hot food take-away without planning consent after 11.30 pm.

Councillor Salter declared a prejudicial interest in the application by virtue of being a member of the Licensing Act 2003 Panel which considered an application for the premises and left the room while it was considered.

He reported that a Breach of Condition Notice had been nullified by a change of ownership. The Director proposed that action should be taken in this matter as it was considered the operation of the premises after 11.30 pm had a detrimental impact on the amenities of the occupiers of neighbouring residential properties. In order to take effective action, an Enforcement Notice should be served.

Minute Decision :

Resolved - That the Acting Monitoring Officer and Proper Officer serve an enforcement notice under Section 172 of the Town and Country Plannin g Act 1990 to ensure compliance with Condition 3 of APP/2003/5432/D within one week from the date of the notice taking effect.

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Minute 136 - ANY OTHER URGENT BUSINESS

Minute Text :

The Chair reported that he had accepted the following item of urgent business on the grounds that a decision was required before the next scheduled meeting of the Planning Committee.

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Minute 136 - ERECTION OF A POLY TUNNEL AT NEW HALL NURSERIES, CHESTER HIGH ROAD, THORNTON HOUGH

Minute Text :

The Director of Technical Services submitted a report advising the committee of a large poly tunnel that had been erected at New Hall Nurseries, Chester High Road, Thornton Hough

He recommended that an Enforcement Notice should be served requiring the complete removal of the poly tunnel.

Minute Decision :

Resolved - That the Acting Monitoring Officer and Proper Officer take enforcement action under Section 172 of the Town and Country Planning Act 1990 requiring the complete removal of the poly tunnel within three months from the date of the notice taking effect.

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Minute 137 - REMOVAL OF REQUIREMENT FOR SECTION 106 AGREEMENT ON PLANNING APPLICATION OUT/2006/7396 AND OUT/2006/7397(ERECTION OF 226 HOUSES AND 57 APARTMENTS (TOTAL) ON LAND BORDERED BY BEDFORD ROAD, NEW CHESTER ROAD AND NELSON ROAD, ROCK FERRY, WIRRAL

Minute Text :

The Director of Technical Services submitted a report seeking approval to relax the requirement for a Section 106 Legal Agreement with regard to the proposed highway works required in connection with the above developments.

Minute Decision :

Resolved - That the requirement for a Section 106 Legal Agreement in relation to Planning Applications OUT/20077396 and OUT/2007/7397 be relaxed.

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(Minutes Published: 12 October 2007)