Agenda and minutes
Venue: Committee Room 1 - Wallasey Town Hall
Contact: Brenda Hall Committee Officer
Media
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To approve the accuracy of the minutes of the meeting held on 15th November 2018. ’ Additional documents: Minutes: The Director of Governance and Assurance submitted the minutes of the meeting held 15 November 2018.
Resolved – That the minutes be approved.
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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. Additional documents: Minutes: Councillor G Davies declared a prejudicial interest in respect of item 5 by virtue of his dealings with the applicant by virtue of his position as Cabinet Member for Housing and Planning.
Councillor G Davies declared a prejudicial interest in respect of item 11 by virtue of his involvement by virtue of his position as Cabinet Member for Housing and Planning.
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REQUESTS FOR SITE VISITS Members are asked to request all site visits before any application is considered. Additional documents: Minutes: No such requests were made.
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ORDER OF BUSINESS Additional documents: Minutes: The Chair agreed to vary the order of business.
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Additional documents: Minutes: The Corporate Director for Economic and Housing Growth submitted the above application for consideration.
A Petitioner addressed the Committee.
The Applicant addressed the Committee.
Members were informed that an additional condition had been applied following publication of the agenda, as follows:
“ Prior to the first occupation of the dwellings, arrangements for the storage and disposal of refuse, including recycling facilities, 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.”
On a motion by Councillor Foulkes and seconded by Councillor Davies it was:
Resolved (10:1) That the application be approved subject to following conditions:
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Additional documents: Minutes: Having previously declared a prejudicial interest in respect of this item, Councillor G Davies left the meeting.
The Corporate Director for Economic and Housing Growth submitted the above application for consideration.
Amendments to conditions following publication of the agenda were as follows:
DELETE CONDITION 4 AND AMEND CONDITION 3 AS FOLLOWS:
3. PRIOR TO FIRST OCCUPATION, a full scheme of works and a timetable for the construction of the new highways and/or amendment(s) of the existing highway made necessary by this development shall be submitted to and agreed in writing with the Local Planning Authority. The scheme shall include details of new carriageways, footways, cycle ways, street lighting, surface water drainage, traffic signs, alterations to the existing traffic signal junction, tactile paved pedestrian crossings, traffic regulation orders, road markings, controlled pedestrian crossings, street furniture, access onto the adjacent highway, amendments to existing bus stop arrangement, road safety audit and monitoring. The approved works shall be completed in accordance with the approved details.
AMEND CONDITION 4: 4. PRIOR TO FIRST OCCUPATION OF EACH BLOCK OF APARTMENTS, details of secure covered cycle parking and/or storage facilities shall be submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided in accordance with the approved details and shall be available prior to the first use/occupation of each of the blocks approved as they are developed, having regards to the phased nature of the development. The facilities as approved shall be retained for use at all times thereafter.
ADD CONDITION: 16. PRIOR TO THE FIRST OCCUPATION OF THE DWELLINGS arrangements for the storage and disposal of refuse, including recycling facilities, 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.
On a motion by Councillor Tony Jones and seconded by Councillor David Elderton it was:
Resolved (10:0) That the application be approved subject to the following conditions:
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Additional documents: Minutes: The Corporate Director for Economic and Housing Growth submitted the above application for consideration.
On a motion by Councillor Steve Foulkes and seconded by Councillor George Davies it was:
Resolved (11:0) That the application be approved subject to the following conditions:
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Additional documents: Minutes: The Corporate Director for Economic and Housing growth submitted the above application for consideration.
Following publication of the agenda, an additional condition as proposed as follows:
“Before any equipment, machinery or materials are brought onto site, a 1 metre high fence or other barrier as agreed in writing with the Local Planning Authority, shall be erected around the outer limit of the crown spread of all trees, hedges or woodlands shown to be retained on the approved plan. Such fencing shall be maintained in a satisfactory manner until the development is completed. During the period of construction, no material shall be stored, fires started or trenches dug within these enclosed areas without the prior consent in writing of the Local Planning Authority.”
On a motion by Councillor George Davies and seconded by Councillor David Elderton it was:
Resolved (11:0) That the application be approved subject to the following conditions:
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Additional documents: Minutes: The Corporate Director for Economic and Housing Growth submitted the above application for consideration.
The following additional condition was proposed following publication of the agenda:
“The bin storage shall be provided in accordance with the approved drawing 433 C107 before the flats hereby approved are brought into use. The bin storage shall include provision for recycling bins and shall be retained as such thereafter.”
On a motion by Councillor David Elderton and seconded by Councillor George Davies it was:
Resolved (11:0) That the application be approved subject to the following conditions:
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Additional documents: Minutes: The Corporate Director for Economic and Housing Growth submitted the above application for consideration.
It was moved by Councillor Ian Lewis and seconded by Councillor Kathy Hodson and:
Resolved (11:0) That the application be approved subject to the following conditions:
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Additional documents: Minutes: The Corporate Director for Economic and Housing Growth submitted the above application for consideration.
A Ward Councillor addressed the Committee.
A discussion was had regarding site history surrounding the site and issues encountered with drainage within the area.
It was moved by Councillor Steve Foulkes and seconded by Councillor Kathy Hodson and:
Resolved (11:0)That consideration of this application be deferred to allow officers to confirm planning history for the site and to consult directly with Welsh Water.
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Additional documents: Minutes: Having previously declared a prejudicial interest in respect of this item, Councillor George Davies left the room during consideration.
Members were advised how the purpose of the report was to advise Members of an unauthorised erection of a rear dormer at 359 Upton Road, Noctorum. Members heard how the erection of a roof extension at a dwellinghouse is permitted by the Town and Country Planning (General Permitted Development) Order 2015, Schedule 2, Part 1 Class B subject to a number of limitations and conditions. Members were then advised that the dormer extension built at 359 Upton Road complies with all of those limitations and conditions except for the following: a) the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse.
Background information was provided and Members heard how the Council had received a complaint from a member of the public on 26 June 2017 in relation to the erection of a dormer roof extension without consent. On 5 September 2017, a letter was sent to the occupier requesting that steps be taken to remedy the breach of planning control by either re cladding the dormer with a hung tile, submitting a retrospective planning application seeking permission to retain the dormer as built, or permanently removing the entire dormer. Members then heard how a second letter was sent on 10 October 2017 to which no response was received and a site visit was made on 31 May 2018 and letters were sent to 4 neighbouring properties on 5 June 2018 explaining that the Council were in a process of considering whether it was expedient to issue an enforcement notice to the owners of the property.
Members were advised that Central Government guidance sets out that a Local Planning Authority should not take formal enforcement solely to remedy the absence of a planning application and such action should only be directed at unacceptable forms of development. Members were further advised that in this instance, the development is considered to comply with Policy HS11 ( House Extensions) of Wirral’s adopted unitary development plan, and is considered to be acceptable in planning terms.
It was moved by Councillor Steve Foulkes and seconded by Councillor Tony Jones and:
Resolved (11:0) That the committee agree that it is not considered expedient to issue an Enforcement Notice requiring the demolition of the dormer.
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Additional documents: Minutes: The Assistant Director for Major Growth Projects & Housing Delivery addressed the Committee to outline the report. Members were advised that the grant of planning permission associated with APP/18/00817 did not follow the correct procedural process due to significant pressures within the Planning Department having regards to the high volume of applications and pre – application enquiries being submitted to the Council coupled with resourcing issues.
Members heard how a planning application had been approved without being considered by Committee. Members were informed that under the Scheme of Delegation there were two grounds for this application to be considered by Committee namely a request from an elected Member and more than 15 individual objections had been received.
The Assistant Director advised that an internal investigation was undertaken which concluded that the planning permission was not properly granted in terms of procedure with regards to the Council’s Constitution and Scheme of Delegation for determining planning applications. Following the investigation, actions taken were identified within the report as follows:
· A review of all of the applications where the agency worker was case officer were undertaken to ensure that this had not taken place elsewhere; no further incidents resulted following this review; · Officers Reports for both delegated and Planning Committee items have been amended to include a specific section to report Ward Members comments which will ensure that officers are required to report any received and for senior officers to be aware of these comments prior to authorising decisions; and · Appropriate action was taken under the Council’s HR procedures and all officers have received refresher instructions about the provisions of the current Scheme of Delegation for determining planning applications
The Committee were informed that notwithstanding that this application should have been reported to Planning Committee, all the material planning considerations raised in objections to the proposal had been taken into account. Members were advised that a report by Officers to the Planning Committee would have carried a recommendation to approve the application. Legal and Financial considerations were set out within the report.
In response to comment by a Member, the Assistant Director for Major Growth Projects & Housing reassured the Committee that the Council take these matters very seriously and that extra resources and staff have been recruited in order to alleviate workloads. He further informed the Committee that he would write to residents who had objected to explain the situation.
It was moved by Councillor Steve Foulkes and seconded by Councillor David Elderton and:
Resolved (11:0) that it is not considered expedient to revoke planning permission app/18/00817 having regards to the Development Plan and other material considerations.
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