Agenda and minutes

Venue: Committee Room 1 - Wallasey Town Hall. View directions

Contact: Victoria Rainsford  Committee Officer

Items
No. Item

102.

MINUTES pdf icon PDF 130 KB

To approve the accuracy of the minutes of the meeting held on 21 October 15.

 

Minutes:

The Strategic Director for Transformation and Resources submitted the minutes of the meeting held on 21 October 2015.

 

Resolved – That the minutes be approved

 

103.

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:

Councillor Steve Foulkes declared a prejudicial interest in respect of item 16 by virtue of him being a board member of Magenta Living.

104.

REQUESTS FOR SITE VISITS

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

Minutes:

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

 

The following requests were unanimously approved:

 

APP/15/01087: BEBINGTON SERVICE STATION, 152 KINGS ROAD, HIGHER BEBINGTON, CH63 8PZ – DEMOLITION OF THE EXISTING SERVICE STATION, AND REDEVELOPMENT TO PROVIDE A NEW PETROL FILLING STATION FACILITY, COMPRISING OF CANOPY/FORECOURT, SALES BUILDING WITH ATM, UNDERGROUND STORAGE TANKS, ASSOCIATED PARKING, LANDSCAPING AND OTHER ANCILLARY WORKS.

 

 

APP/15/ 01166: DALESIDE NURSING HOME, 136 – 138 BEBINGTON ROAD, ROCK FERRY, CH42 4QB – FIRST FLOOR EXTENSION TO PROVIDE THREE BEDROOMS (AMENDED PROPOSAL)

 

 

APP/ 15/01174: AMENITY OPEN SPACE, ST NICHOLAS ROAD, WALLASEY VILLAGE – CHANGE OF USE TO RESIDENTIAL GARDEN

 

 

105.

APP/15/00398: 11 SEABANK ROAD, EGREMONT, CH44 0EE - Change of use to house in multiple occupancy - 6 bedroom property increasing to 7 bedrooms with internal alterations pdf icon PDF 371 KB

Minutes:

The Assistant Chief Executive submitted the above application for consideration.

 

It was moved by Councillor K Hodson and seconded by Councillor Elderton and

 

Resolved (12:0) 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. No development shall take place until details of secure covered cycle parking and/or storage facilities have been submitted to and approved in writing by the Local Planning Authority.  These facilities shall be provided in accordance with the approved details and made available for use prior to the first use of the development hereby permitted and shall be retained for use at all times thereafter.

 

3. Prior to first occupation of the dwellings 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 to be submitted to and agreed in writing by the Local Planning Authority. The approved details shall be implemented in full unless otherwise agreed in writing with the Local Planning Authority.

 

4. The development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 19 March 2015 and listed as follows: Drawing Number 41_2015_02 (dated 03.03.2015)

 

 

 

106.

OUT/15/00977: Grazing Land, LEASOWE ROAD, WALLASEY VILLAGE - Outline application for 10 dwellings pdf icon PDF 294 KB

Minutes:

The Assistant Chief Executive submitted the above application for consideration.

 

A Ward Councillor addressed the Committee

 

It was moved by Councillor Mitchell and seconded by Councillor Johnson and

 

Resolved (7:5) That the application be approved subject to the following conditions and a Section 106 agreement:

 

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

 

3. 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. No development shall take place until full details and samples of materials for all external work has been submitted to and approved in writing by the Local Planning Authority.

 

5. 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.

 

6. No development shall take place before details of the proposed finished floor levels; ridge and eaves heights of the dwelling hereby approved have been submitted to and approved in writing by the Local Planning Authority.  The submitted levels shall be measured against a fixed datum and shall show the existing and finished ground levels, eaves and ridge heights of neighbouring property.  The development shall be carried out as approved.

 

The development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 20th July 2015 and listed as follows: L(80)001

 

7. No development shall take place (including any demolition, earthworks or vegetation clearance) until a scheme of landscaping, phased in relation to any phasing of the development, which shall include details of both hard and soft landscaping works and earthworks, has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include for but not restricted to the following details:

 

a.  existing trees and shrubs not directly affected by the buildings and works.

b.  walls and fences

c.  proposed walls and fencing, indicating materials and heights.

d.  screen planting on boundary

e.  existing contours and any alteration, such as earth mounding,

f.  details of the proposed arrangements for maintenance of the landscaping

 

The scheme as approved shall be carried out prior to the first occupation of any of the dwellings hereby approved.  Any trees, shrubs or plants that die within a period of 5 years from the completion of the development,  ...  view the full minutes text for item 106.

107.

APP/15/00979: Land North West to 1 THE KNAP, GAYTON, CH60 0EX - Proposed new 2 bed dormer property on land at 1 The Knap pdf icon PDF 251 KB

Minutes:

The Assistant Chief Executive submitted the above application for consideration.

 

A Ward Councillor addressed the Committee

 

It was moved by Councillor Elderton and seconded by Councillor Boult that the application be refused on the following grounds:

 

‘The proposed dwelling in this location would create a cramped form of development which will result in a detrimental change in the character of the area and is therefore contrary to the provisions of the National Planning Policy Framework and Unitary Development Plan Policy HS4 – Criteria for New Housing Development.’

 

The motion was put and lost (5:7)

 

It was then moved by Councillor Johnson and seconded by Councillor Walsh and

 

Resolved (7:5) 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 7 September 2015 and listed as follows: PL11A, PL14A & PL12A.

 

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. Detailed drawings shall be submitted to and approved by the Local Planning Authority before any work is commenced to indicate the finished site and ground floor levels intended at the completion of the development in relation to the existing site levels and the levels of the adjoining land and the development shall be carried out and completed in accordance with the details so approved.

(Note:  The gradients of any new road or turning area should not exceed 1:25 and those of parking or loading bays should not exceed 1:40).

 

5. The remainder of the undeveloped land 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.

 

6. 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 subsequently maintained to the satisfaction of the Local Planning Authority.

 

7. 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.

 

8. Prior to the first occupation of the  ...  view the full minutes text for item 107.

108.

APP/15/00983: Chestnut House, KINGS DRIVE, CALDY, CH48 2JF - Re-design of existing dwelling with proposed extensions to include a new swimming pool, gymnasium, habitable spaces. Proposed External works and re-model of the elevations and new external detached double garage and landscaping works. pdf icon PDF 235 KB

Minutes:

The Assistant Chief Executive submitted the above application for consideration.

 

A Ward Councillor addressed the Committee

 

It was moved by Councillor Elderton and seconded by Councillor Boult that the application be refused on the following grounds:

 

‘ The proposed development, by reason of its size and scale, represents overdevelopment of the site and is likely to affect the privacy of neighbours, contrary to policies HS11, CH2 and CH11 of the Wirral Unitary Development Plan; the Caldy Conservation Area Appraisal & Management Plan and the National Planning Policy Framework.’

 

The motion was put and lost (3:9)

 

It was then moved by Councillor Foulkes and seconded by Councillor T Johnson and

 

Resolved (9:3) 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 31st July 2015 and listed as follows: 13-125-134 A (Dated 10.15), 13-125-131 E (Dated 06.15), 13-125-132 E (Dated 06.15), 13-125-133 D (Dated 06.15), 13-125-160 F (Dated 06.15), 13-125-161 E (Dated 06.15), 13-125-110 B (Dated 06.15),

 

3. In order to protect habitats of special local importance for nature conservation:

 

i.  Construction work shall only take place between 8am and 6pm.

ii.  Any holes or trenches left open overnight must have a means of escape provided.

iii.  All construction materials, especially those containing lime, must be stored so that badgers cannot access them, and to the front of the house, not the rear.

iv.  When fencing to the garden is installed, access shall be left for the badgers to move around between gardens.

v.  No fires to be lit in the vicinity of the sett

vi.  No heavy plat machinery to be driven or used in the vicinity of the sett

vii. Any obvious badger paths to be left clear of obstruction

viii.  The boundary fences allow for the free movement of badgers

 

4. No tree, shrub or hedgerow felling, or any vegetation management and/or cutting operations should take place during the period 1st March to 31st August inclusive unless otherwise agreed in writing by the Local Planning Authority.

 

5. No works or development shall take place until a scheme for the protection of the retained trees- The Tree protection plan (section 5.5, BS 5837:2012, Trees in relation to design, demolition and construction - Recommendations) has been agreed in writing with the LPA.  This scheme shall include:

 

A.  the details of each retained tree as required at section. 4.4 of BS5837 in a separate schedule.

B.  a plan or relevant drawings, including proposed site layout plans, to a scale and level of accuracy appropriate to the proposal that shows constraints posed by existing trees (section 5.2 BS 5837), the position, crown spread and Root Protection Area (section 4.6 of BS5837) of every retained tree on site and on neighbouring or nearby ground to the site in relation to the  ...  view the full minutes text for item 108.

109.

APP/15/01040: Cleared Site Grassed Adjacent 54, OLD BIDSTON ROAD, BIRKENHEAD, CH41 8BL - Erection of three dwellings pdf icon PDF 238 KB

Minutes:

The Assistant Chief Executive submitted the above application for consideration.

 

On a motion by Councillor K Hodson and seconded by Councillor Walsh and

 

Resolved (12:0) 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 6356/02a and listed as follows: (Dated 07.15)

 

3. 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.

 

4. No development shall take place until an assessment is carried out in accordance with authoritative technical guidance (CLR11). If any contamination posing unacceptable risks is then found, a report specifying the measures to be taken to remediate the site to render it suitable for the approved use shall be submitted to and approved in writing by the Local Planning Authority.  The site shall be remediated in accordance with the approved measures and a verification report shall be submitted to and approved by the Local Planning Authority. If during the course of development any contamination poising unacceptable risk is found which has not been previously identified, additional measures for the remediation of the land shall be submitted to and approved in writing by the Local Planning Authority. The remediation of the site shall incorporate the approved additional measures and a verification report shall be submitted to and approved by the Local Planning Authority

 

5. 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.

 

6. Prior to the first occupation of the dwellings 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 to be submitted to and agreed in writing by the local planning authority. The approved details shall be implemented in full unless otherwise agreed in writing with the local planning authority.

 

 

110.

APP/15/01087: BEBINGTON SERVICE STATION, 152 KINGS ROAD, HIGHER BEBINGTON, CH63 8PZ - Demolition of the existing service station, and redevelopment to provide a new petrol filling station facility, comprising of canopy/forecourt, sales building with ATM, underground storage tanks, associated parking, landscaping and other ancillary works. pdf icon PDF 346 KB

Minutes:

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

 

111.

APP/15/01143: 78 DAWSTONE ROAD, GAYTON, CH60 8ND - Demolition of existing dwelling and construction of two detached dwellings. Amendment to previously withdrawn application ref APP/15/00061 pdf icon PDF 214 KB

Minutes:

Resolved – That following publication of the agenda, the item be deferred to allow for the submission and consideration of further details.

112.

APP/15/01166: Daleside Nursing Home, 136-138 BEBINGTON ROAD, ROCK FERRY, CH42 4QB - First floor extension to provide three bedrooms (amended proposal) pdf icon PDF 312 KB

Minutes:

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

 

113.

APP/15/01174: Amenity Open Space, ST NICHOLAS ROAD, WALLASEY VILLAGE - Change of Use to Residential Garden pdf icon PDF 353 KB

Minutes:

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

 

114.

APP/15/01182: THE LYDIATE, HESWALL, WIRRAL, MERSEYSIDE, CH60 8PR - Residential development for two detached dwellings with detached garages including associated landscaping works pdf icon PDF 322 KB

Minutes:

The Assistant Chief Executive submitted the above application for consideration.

 

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

 

Resolved (12:0) 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 August 2015 and listed as follows: B101, B102, B103, B105, B107, B108, B109 and B100

 

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. The development shall be constructed in accordance with the submitted Construction Management and shall be implemented in full during the period of construction and shall not be varied unless otherwise agreed in writing with the Local Planning Authority.

 

6. No retained trees, shrubs or hedges shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

(a) If any retained tree, shrub or hedge is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

(b) No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2005): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. 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 excavation be made, without the prior written consent of the Local Planning Authority.

 

In this condition ?retained tree, shrub or hedge  ...  view the full minutes text for item 114.

115.

APP/15/01202: 50 EGERTON ROAD, CLAUGHTON, CH43 1UJ - Double storey rear extension, raised balcony and garage conversion to annexe room pdf icon PDF 304 KB

Minutes:

Resolved – That consideration of this item be deferred to allow for further publicity following amended description of development.

116.

APP/15/01235: 2 SHELLEY WAY, WEST KIRBY, CH48 3LQ - Retention of garden pavilion/summer house (resubmission of APP/14/01323) pdf icon PDF 209 KB

Minutes:

The Assistant Chief Executive submitted the above application for consideration.

 

A Ward Councillor addressed the Committee.

 

It was moved by Councillor Elderton and seconded by Councillor Boult that the application be refused on the following grounds:

 

‘The pavilion already constructed and sited close to the common boundary is of such a scale and height as to be overbearing and is considered to be an intrusive and unneighbourly form of development and therefore has a detrimental impact on the residential amenity of the occupiers of no 4 Shelly Way and is contrary to policy HS 11 of Wirral’s Unitary Development Plan.’

 

The motion was put and carried (7:5)

 

Resolved (7:5) That the application be refused on the following grounds:

 

The pavilion already constructed and sited close to the common boundary is of such a scale and height as to be overbearing and is considered to be an intrusive and unneighbourly form of development and therefore has a detrimental impact on the residential amenity of the occupiers of no 4 Shelly Way and is contrary to policy HS 11 of Wirral’s Unitary Development Plan.

117.

APP/15/01320: Barncroft, LARCHWOOD CLOSE, PENSBY,WIRRAL - 21 Extra Care apartments including support facilities, car parking and landscaped gardens pdf icon PDF 353 KB

Minutes:

Having previously declared a prejudicial interest, Councillor S Foulkes left the meeting during consideration of this item.

 

The Assistant Chief Executive submitted the above application for consideration.

 

A Petitioner addressed the Committee.

 

The Applicant addressed the Committee.

 

A Ward Councillor addressed the Committee.

 

It was moved by Councillor Walsh and seconded by Councillor Johnson and

 

Resolved (11:0) 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 2 October 2015 and listed as follows: 14F098/001 dated Jul 14, 14G106/001 and 14G106/002 dated Aug 14, Barn/03 dated Sept 15, P4086 - 001B, P4086 - 002A, P4086 - 003G, P4086 - 004H, P4086 - 005D, P4086 - 006C, P4086 - 007F and P4086 - 008B dated September 2015

 

3. The hard and soft landscaping scheme shown on plan reference numbers  P4086 – 008B and Barn/03 dated September 2015 hereby approved shall be carried out prior to the occupation of any part of the development or in accordance with a timetable to be agreed in writing with the Local Planning Authority.  Any trees or plants that within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective shall be replaced with others of a species, size and number as originally approved in the first available planting season unless the Local Planning Authority gives its written consent to any variation.

 

4. The development shall be carried out in accordance with the proposed ground levels and proposed finished floor levels as shown on the approved plans, P4086 – 005D, P4086 – 006C dated September 2015, 14F098/001 dated Jul 14, 14G106/001 and 14G106/002 dated Aug 14 unless otherwise agreed in writing by the Local Planning Authority.

 

5. 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.

 

6. 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.

 

7. Prior to the first occupation of the residential units, 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 to be submitted to and agreed in writing by the local planning authority. the approved details shall be implemented in full unless otherwise agreed in writing with the local planning  ...  view the full minutes text for item 117.

118.

PROPOSED ADOPTION FOR THE LOCAL LISTED BUILDING CONSENT ORDER FOR RESIDENTIAL HOUSE THAT ARE GRADE II LISTED IN PORT SUNLIGHT VILLAGE CONSERVTION AREA pdf icon PDF 79 KB

Additional documents:

Minutes:

A Report by the Assistant Chief Executive provided an update to the Report of the Strategic Director of Regeneration and Environment presented to the Planning Committee on 17 September which sought permission to consult on a proposed Listed Building Consent Order (LLBCO), for the Port Sunlight Conservation Area. Members were informed that, following their consent, a consultation process had now been completed and responses were included in an appendix to the report.

 

Members were advised that Local Listed Building Consent Orders (LLBCOs) were introduced through the Enterprise and Regulatory Reform Act 2013 (ERRA 2014) which gave Local Planning Authorities powers to make Legal Orders granting general Listed Building Consent for certain alterations (but not demolitions) to specified listed buildings. Members were informed that the measures were intended to simplify the development and management of listed buildings and came into force in April 2014.

 

Members heard how the Council had been working with Port Sunlight Village Trust (PSVT), with the support of Historic England to develop the LLBCO for specific buildings in the Port Sunlight Conservation Areas.

 

It was explained that the purpose of this LLBCO is to:

 

i.  Streamline and clarify the consent process for the most common listed building consent applications for owners in Port Sunlight Village;

ii.  provide clear and reliable information to empower property owners to address enforcement issues;

iii.  reduce capacity issues on the Council by reducing time spent on reviewing repetitive listed building consent applications.

 

Members heard how the consultation process work began on 18 September 2015 whereby consultation letters were sent out. At the same time, ten Site Notices were posted on lampposts within the area and additional site notices were posted in village bulletin boards and the Port Sunlight Village Trustees. Members were then advised that there were also two consultation events held in Port Sunlight village; the first on 7th October from 1:30 – 3:30pm and the second on 22nd October from 5:30 – 7:30pm, during which, a total of 25 residents attended. It was explained that the consultation exercise was largely positive and comments were summarised within the report.

 

It was explained how it is a requirement that the proposed order would be subject to continuous monitoring to assess its effectiveness and the Council would consider annual reports on the progress of the LLBC.

 

Councillor Mitchell addressed the Committee to thank officers for all their hard work through the consultation process and subsequent preparation of the report. This was endorsed by the Committee.

 

Councillor Leech further praised Officers for their work and identified to the Committee that if approved, Wirral be the lead Authority in the implementation of a LLBCO.

 

Resolved (12:0):

 

That the Local Listed Building Consent Order for Port Sunlight be adopted for a period of ten years.

119.

Planning Applications Decided Under Delegated Powers Between 12/10/2015 and 12/11/2015 pdf icon PDF 79 KB

Minutes:

The Assistant Chief Executive submitted a report detailing planning applications decided under Delegated Powers between 12/10/2015 and 12/11/2015.

 

Resolved – That the report be noted