Agenda and minutes

Venue: Committee Room 1 - Wallasey Town Hall

Contact: Victoria Rainsford  Committee Officer

Items
No. Item

189.

MINUTES pdf icon PDF 103 KB

To approve the accuracy of the minutes of the meeting held on 19th December 2013.’

Minutes:

The Strategic Director for Transformation and Resources submitted the minutes of the meeting held on 19 December 2013.

 

A Member identified a typographical error in respect on Minute 187. It was suggested that ‘conveyance is’ be replaced with ‘covenants are’.

 

All Members agreed that the minutes be amended.

 

Resolved – That the minutes be agreed with the above amendment.

 

190.

MEMBERS' CODE OF CONDUCT - DECLARATIONS OF INTEREST

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.

Minutes:

Members of the Committee were asked to declare any disclosable pecuniary or non pecuniary interests in connection with any items of the agenda and state the nature of the interest.

 

No such declarations were made.

 

191.

REQUESTS FOR SITE VISITS

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

Minutes:

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

 

The following requests were unanimously approved:

 

OUT/13/01403: ANCHOR COTTAGE, WALLASEY VILLAGE, CH45 3LP – OUTLINE APPLICATION FOR A RESIDENTIAL HOUSE AND GARAGE WITH ACCESS OFF WALLASEY VILLAGE ROAD.

 

APP/13/01375: LAND TO THE REAR OF 1 -4 MILL ROAD, THINGWALL – CONSTRUCTION OF 3NO. SPLIT LEVEL HOUSES ON LAND TO THE REAR OF 1-4 MILL ROAD. AMENDMENT TO PLOT 2.

 

192.

ORDER OF BUSINESS

Minutes:

The Chair agreed to vary the order of business.

 

193.

APP/13/01125: Stoneacre Car Sales, ROWSON STREET, NEW BRIGHTON, CH45 2LU - Redevelopment of existing car showroom comprising: demolition of workshop areas; erection of single storey extension; erection of freestanding valet bay building; alterations to elevations, and; external works including the creation of additional car display areas and reorganisation of staff and service parking areas. pdf icon PDF 318 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Realey and seconded by Councillor Boult it was:

 

Resolved (13:0) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 24/10/2013 and listed as follows: 013/60/01 (July 2013), 013/60/03 (June 2013), 013/60/04 (July 2013), 013/60/05 (March 2012).

 

3. The use hereby approved shall only be carried out between the hours of 8am and 8pm Monday to Friday,  8am to 6pm on Saturdays and 10am to 5pm on Sundays.

 

4. No additional lighting shall be installed, including movement activated lighting, without the prior agreement in writing by the Local Planning Authority.

 

5. No skip shall be sited on the land without the express consent of the Local Planning Authority.

 

6. No engine repairs or major mechanical repairs shall be undertaken outside the buildings

 

7. The site shall not be used for the purpose of car auctions at any time.

 

8. Before any construction commences, details of the facing and roofing 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.

 

9. The customer, service parking and vehicle display areas shall be set out and demarcated in accordance with the details provided in drawing no. 013/060/3 (dated June 2013) prior to the first use of the development hereby permitted. The development shall only be implemented in accordance with the approved details, and shall be retained as such thereafter.

 

10. Car cleaning shall be restricted to the Valet Bay shown on the approved drawing no. 013/060/03 (dated June 2013), and shall not take place within other parts of the site.

 

 

194.

OUT/13/01184: Unused Land, NOCTORUM DELL, NOCTORUM, CH43 9UL - Erection of up to 4 dwellings, associated hard and soft landscaping and access from Pipistrelle Rise. pdf icon PDF 308 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

A Petitioner addressed the Committee

 

The Applicant addressed the Committee

 

A Ward Councillor addressed the Committee.

 

On a motion by Councillor Roberts and seconded by Councillor Realey it was:

 

Resolved (13:0) That the application be refused on the following grounds:

 

1. The development would be of a scale that does not relate well to properties located at the head of Wernbrook Close, having a detrimental impact to residential amenity and to the character of the area, contrary to UDP Policy HS4.

 

2. Insufficient information has been provided, notably in relation to foul and surface water drainage arrangements proposed for the site, to allow confirmation that the proposed development would avoid impact to trees of visual and nature conservation value.  The proposed development is contrary to UDP Policies GR7 and HS4

 

3. The proposed development would have a detrimental impact to the character and high environmental quality of the local area and the wider Noctorum Ridge, contrary to UDP Policy HS4 and Supplementary Planning Guidance SPG2: Design and Density Guidelines: Noctorum Ridge.

 

 

195.

APP/13/01203: 40 CALDY ROAD, WEST KIRBY, CH48 2HQ - Demolition of existing bungalow and erection of replacement two storey dwelling pdf icon PDF 237 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

A Petitioner addressed the Committee.

 

The Applicant addressed the Committee.

 

A Ward Councillor addressed the Committee

 

On a motion by Councillor Realey and seconded by Councillor Walsh it was:

 

Resolved (10:3) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 23 September 2013 and listed as follows:  001 (dated 05th September 2013), 002 (dated 18th July 2013), 003 (dated 05th September 2013), 004 (dated 05th September 2013), 005 (dated 05th September 2013), 006 (dated 05th September 2013), 007 (dated 30th August 2013), 008 (dated 05th September 2013), PMS13161 (dated 12/08/13), and the additional drawing submitted 2nd November 2013 reference 010 (dated 02nd November 2013).

 

3. No development shall take place before samples of the facing and roofing 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.

 

4. No development shall take place before details of a proposed screen to the south elevation of the first floor balcony (adjacent to No.42 Caldy Road) shall be submitted to and approved in writing by the Local Planning Authority.  The screen shall be non-transparent and 1.7 metres in height above finished floor level.  The screen shall be implemented prior to the occupation of the development hereby approved, and retained thereafter.

 

5. The first floor windows in the side elevations facing north and south shall not be glazed otherwise than with obscured glass and fixed shut and thereafter be permanently retained as such.

 

6. No development shall take place before a survey of existing and proposed ground levels, sections across the site (with a datum outside the site) and details of the finished slab level for each property shall be submitted in writing to the Local Planning Authority.  The ground levels across the site and finished floor levels  for each property shall be as per the approved plans.

 

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order revoking or re-enacting that Order) no external alterations or extensions shall be carried out to the building hereby approved.

 

 

196.

APP/13/01289: East View Farm, PARK ROAD, MEOLS, CH47 7AU - Retention of existing cattery. pdf icon PDF 276 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Elderton and seconded by Councillor Realey it was:

 

Resolved (13:0) That the application be approved subject to the following conditions:

 

1. This permission shall enure for the benefit of the occupiers of East View Farm trading as Park Lane Riding School and Liveries only, and shall not be operated separately from that business. In the event that business ceases to trade, the use of the cattery hereby permitted shall cease.

 

2. When the development ceases to be used for the purpose hereby permitted, the development in its entirety shall be removed and the land restored to its former condition within a period of no more than six months from the last use.

 

3. The development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 10th October 2013 and listed as follows: PWH 12 EVF 09,(dated 21.06.12), 001_PL_01 (dated 10.01.10), 001_PL_02 (dated 10.01.10), 001_PL_03 (dated 10.01.10)

 

 

197.

APP/13/01310: 38 ELM GROVE, TRANMERE, CH42 0LA - Change of Use from residential to a children’s residential home. Provide residential accommodation for children aged 7 – 17 years of age, who display emotional and challenging behaviours (EBD). Accommodation for up to five children with 4 support staff sleeping in at the property overnight. pdf icon PDF 320 KB

Minutes:

This item had been withdrawn by the Applicant prior to the Committee Meeting.

198.

APP/13/01314: 19 BARCOMBE ROAD, BARNSTON, CH60 1UY - Resubmission of retrospective application for hip to gable extension and rear dormer roof extension-amended proposals. pdf icon PDF 279 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

A Petitioner addressed the Committee

 

The Applicant addressed the Committee

 

On a motion by Councillor Realey and seconded by Councillor Clements it was:

 

Resolved (12:1) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 15 October 2013 and listed as follows: 7833/304, 7833/305 & 7833/306.

 

 

199.

OUT/13/01316: Land to the rear of new Birkenhead Community Fire Station, EXMOUTH STREET, BIRKENHEAD, CH41 4NF - Outline planning application (all matters reserved) for 3 no. dwellings pdf icon PDF 263 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Leech and seconded by Councillor Clements it was:

 

Resolved (13:0) 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. 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)  Layout

(b)  Scale

(c)  Appearance

(d)  Access and

(e)  Landscaping

 

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.

 

3. 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.

 

4. No development shall take place until a Site Waste Management Plan, confirming how demolition and construction waste will be recovered and re-used on the site or at other sites, has been submitted to and approved in writing by the Local Planning Authority. The

approved Plan shall be implemented in full unless otherwise agreed in writing with the Local Planning Authority.

 

5. Arrangements for the storage and disposal of refuse, and vehicle access thereto, shall be made within the curtilage of the site, in accordance with details previous submitted to and agreed in writing by the Local Planning Authority, prior to the first occupation of the building.

 

 

200.

APP/13/01354: Calday Grange Grammar School, GRAMMAR SCHOOL LANE, NEWTON, CH48 8AY - Demolition of Block E and formation of new four court sports hall complete with associated changing facilities, storage and fitness suite, and car park. Alterations to existing gymnasium pdf icon PDF 329 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Elderton and seconded by Councillor Boult it was:

 

Resolved (13:0) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 06 December 2013 and listed as follows: drawing numbers P-02, P-06, P07, P-08, P-09, P-10, P11  (date March 2013), P-12, P-13 (dated November 2013)

 

3. Before any construction commences, samples of the facing and roofing 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.

 

4. No development shall commence until details of the design and layout of the proposed sports hall have been submitted to and approved in writing by the Local Planning Authority.  The sports hall shall not be constructed other than in accordance with the approved details.

 

 

201.

APP/13/01375: Land to the rear of 1-4 MILL ROAD, THINGWALL - Construction of 3no. split level houses on land to the rear of 1-4 Mill Road. Amendment to plot 2 pdf icon PDF 305 KB

Minutes:

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

 

202.

APP/13/01380: 17 VYNER ROAD SOUTH, BIDSTON, CH43 7PN - The development of 12no 2 storey residential dwellings, ancillary buildings and associated access pdf icon PDF 235 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Leech and seconded by Councillor Elderton it was:

 

Resolved (13:0) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 13 November 2013 and listed as follows:

 

Ref 13058 - 108 D

Ref 13058 - 109 D

Ref 13058 - 110 B - A1 Floor Plan

Ref 13058 - 111 A - A1 Roof Plan

Ref 13058 - 112 B - A2 Floor Plan

Ref 13058 - 113 A - A2 Roof Plan

Ref 13058 - 114 B - B1 Floor Plan

Ref 13058 - 115 A - B1 Roof Plan

Ref 13058 - 116 B - B2 Floor Plan

Ref 13058 - 117 A - B2 Roof Plan

Ref 13058 - 118 C - C1 Floor Plan

Ref 13058 - 119 A - C1 Roof Plan

Ref 13058 - 120 C - C2 Floor Plan

Ref 13058 - 121 A - C2 Roof Plan

Ref 13058 - 122 B - A1 Front and Side Elevation

Ref 13058 - 123 B - A2 Front and Side Elevation

Ref 13058 - 124 B - A1 & A2 Rear Elevation

Ref 13058 - 125 B -B1 Front and Side Elevation

Ref 13058 - 126 B - B2 Front and Side Elevation

Ref 13058 - 127 B - B1 & B2 Rear Elevation

Ref 13058 - 128 B - C1 Front & Side Elevation

Ref 13058 - 129 B - C2 Front & Side Elevation

Ref 13058 - 130 B - C1 & C2 Rear Elevation

Ref 13058 -110- O –C

Ref 13058 – 111-O – B

Ref 13058 - 143 - O

Ref 13058 -144 – O

Ref 13058 – 112 – O - C

Ref 13058 – 113 – O - B

Ref 13058 – 153 – O

Ref 13058 – 154 – O

Ref 13058 – 114 –O – C

Ref 13058 – 115 – O – B

Ref 13058 – 141 – O

Ref 13058 – 142 - O

 

3. No development shall take place before samples of the facing and roofing 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.

 

4. Prior to the first occupation of any of the dwellings hereby approved, details of all boundary treatments shall be submitted to and agreed in writing with the Local Planning Authority.  The boundary treatment shall be erected in accordance with the approved details prior to the occupation of the development, and retained thereafter.

 

5. No development shall take place before a datum for measuring land levels shall be agreed in writing. Full details of  ...  view the full minutes text for item 202.

203.

OUT/13/01403: Anchor Cottage, WALLASEY VILLAGE, CH45 3LP - Outline application for a residential house and garage with access off Wallasey Village Road pdf icon PDF 300 KB

Minutes:

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

 

204.

APP/13/01388: 19 FRANKBY CLOSE, GREASBY, CH49 3PT - Erection of a single storey front extension pdf icon PDF 250 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Boult and seconded by Councillor Elderton it was:

 

Resolved (13:0) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 30th October 2013 and listed as follows: drawing numbers 147_2013_01 and 147_2013_02 (dated 18.10.2013).

 

 

205.

APP/13/01389: 15 MOUNT ROAD, HIGHER BEBINGTON, CH63 5QA - Demolition and erection of new front garden wall and sliding electric gate pdf icon PDF 237 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Kelly and seconded by Councillor Clements it was:

 

Resolved (13:0) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 31 October 2013 and listed as follows: 155_2013_01 dated 28 October 2013.

 

 

206.

APP/13/01412: 30 OULTON CLOSE, OXTON, CH43 0XE - First floor side extension and alterations to existing flat roofs and mono pitched roofs. pdf icon PDF 305 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Boult and seconded by Councillor Kelly it was:

 

Resolved (13:0) 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 development hereby permitted shall be carried out in accordance with the approved amended plans received by the local planning authority on 06/01/14 and listed as follows:  No 154-2013, drawing number 154_2013_01, 28.10.2013

 

 

207.

APP/13/01443: Vacant land VICTORIA FIELDS, TRANMERE, CH42 0PF - Erection of 4 new build bungalows pdf icon PDF 305 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Elderton and seconded by Councillor Clements it was:

 

Resolved (13:0) 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 facing/roofing/window 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 approved plans received by the local planning authority on 25th November 2013 and listed as follows: 149_2013_01 (Dated 05.11.2013)

 

4. The area(s) so designated within the site shall be suitably landscaped in accordance with a scheme to be submitted to and approved by the Local Planning Authority before any works commence on site, the landscape work to be completed during the first available planting season following completion of the development hereby approved and shall be maintained thereafter to the satisfaction of the Local Planning Authority.

 

5. No part of the development shall be brought into use until visibility splays of 2.4 metres by 2.4 metres at the proposed junction with Victoria Fields have been provided clear of obstruction to visibility at or above a height of 0.6 metres above the carriageway level of Victoria Fields. Once created, these visibility splays shall be maintained clear of any obstruction and retained for their intended purpose at all times.

 

 

208.

APP/13/01462: 1 CLAUGHTON GREEN, OXTON, CH43 1YA - Erection of a side extension and garage pdf icon PDF 245 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Boult and seconded by Councillor Kelly it was:

 

Resolved (13:0) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 15th November 2013 and listed as follows: drawing numbers 156_2013_01 and 156_2013_02 (dated 30.10.2013).

 

 

209.

APP/13/01498: 33 WHITEHOUSE LANE, BARNSTON, CH60 1UD - Erection of first floor rear extension and roof alterations. pdf icon PDF 191 KB

Minutes:

The Strategic Director for Regeneration and Environment submitted the above application for consideration.

 

On a motion by Councillor Mountney and seconded by Councillor Boult it was:

 

Resolved (13:0) 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 development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 29 November 2013 and listed as follows: 159_2013_01.

 

 

210.

CHANGES TO THE SCHEME OF DELEGATION TO OFFICERS FOR THE DETERMINATION OF PLANNING APPLICATIONS AND PLANNING RELATED MATTERS pdf icon PDF 110 KB

Minutes:

A Report by the Strategic director for Regeneration and Environment recommended to Members that the current Scheme of Delegation relating to the determination of planning applications and planning related matters be revised. Appended to the report was the proposed Scheme of Delegation for Members consideration.

 

Members were advised that the main change is to increase the size limits for the depth of single – storey extensions from 4 metres to 8 metres ( for detached houses) and from 3 metres to 6 metres for all other houses, in non protected areas, for a period of three years. Members were also made aware that the Government had also announced changes to extend existing permitted development rights for certain telecommunications equipment and to grant new permitted development rights to change offices into residential use without the need for planning permission.

 

Members sought clarification on timescales for implementation of the revised Scheme of Delegation. It was advised that the Report will be considered for approval at the Full Council Meeting due to be held 10 March 2014.

 

It was agreed that further discussions will be had with Planning Officers, The Chair of the Planning Committee and Party Spokespersons regarding this matter and the item is to be bought to the next meeting of the Planning Committee ( 20 Feb 2014).

 

Resolved :

 

That consideration of this item be deferred for consideration at the next meeting of the Planning Committee.

 

211.

Planning Applications Decided Under Delegated Powers Between 09/12/2013 and 12/01/2014 pdf icon PDF 80 KB

Minutes:

The Strategic Director of Regeneration and Environment submitted a report detailing planning applications decided under delegated powers between 09/12/2013 and 12/01/2014.

 

Resolved – That the report be noted.

 

212.

Planning Appeals Decided Between 01/10/2013 and 31/12/2013 pdf icon PDF 48 KB

Minutes:

The Strategic Director of Regeneration and Environment submitted a report detailing planning appeals decided between 01/10/2013 and 31/12/2013.

 

The Development Control Manager informed Members that a report would be presented to come to the next Committee identifying reasons for the rise in unsuccessful appeals.

 

Resolved – That the report be noted.

 

213.

ANY OTHER URGENT BUSINESS APPROVED BY THE CHAIR pdf icon PDF 164 KB

214.

AGN/13/01344: WHITES FARM SHOP, STATION ROAD, THURSTASON, CH61 0HN - USE OF ANCILLARY FARM SHOP FOR A USE WITHIN CLASS A1 (SHOPS)

Minutes:

With the agreement of the Chair a further application was considered by Members.

 

The Strategic Director of Regeneration and Environment submitted the above application for consideration. Members were informed that prior approval had been given to this application. Members were advised that they could only consider impacts of noise, contamination and highways and traffic.

 

A Ward Councillor addressed the Committee.

 

On a motion by Councillor Realey and seconded by Councillor Kelly it was:

 

Resolved (13:0) That Prior Approval be given subject to the following conditions:

 

1. The use hereby permitted shall be closed between 18.30 hours or dusk (whichever time is earlier), and 07.00 hours. For the avoidance of doubt dusk shall be defined as 30 minutes before sunset.

 

2. Deliveries and servicing of the site shall not take place between 18.30 hours or dusk (whichever time is earlier), and 07.00 hours. For the avoidance of doubt dusk shall be defined as 30 minutes before sunset. There shall be no deliveries to or servicing of the site at any other time.

 

3. No materials or equipment shall be stored on the site other than inside the building.

 

4. No development shall commence until details of works to improve the access onto Station Road have been submitted to and approved in writing by the Local Planning Authority, including:

 

·  widening to allow vehicles to enter and exit at the same time;

·  sight lines of 2.4m by 45m onto Station Road;

·  location and details of the access gate;

·  space to be kept availability to allow vehicles to turn within the site so as to enter and exit in a forward gear.

 

The works shall be implemented in accordance with the approved details prior to the first use of the development hereby permitted.