To approve the accuracy of the minutes of the meeting held on 9 June 2022.

The Director of Law and Governance submitted the minutes of the meeting held on 9 June 2022 for approval.

On a motion by the Chair and seconded by Councillor S Foulkes it was

Resolved – That the minutes of the meeting held on 9 June 2022 be approved

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

No such declarations were made.

The Development Management Manager presented the report of the Director of Regeneration and Place in relation to the above application for consideration.

The Development Management Manager noted that an error had been noted in paragraph 3.7.2 of the report regarding the condition to erect the proposed fence within a specified timescale. It should read “within 3 years” and not “within 3 months”.

On a motion by the Chair and seconded by Councillor S Foulkes it was –

Resolved unanimously – that the application be approved subject to the following conditions.

1.   The development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 07 March 2022 and listed as follows:

Detail drawing numbers 1171-02-01-001 Rev D Location Plan (dated 07 March 2022), 1171-02-02-002 Rev D Site Layout Proposed (dated 07 March 2022) and 1171-02-90-001 Rev A Proposed Fence Details (dated 11 October 2021)

Reason: For the avoidance of doubt and to define the permission.

2.   The fence detailed in drawing numbers 1171-02-02-002 Rev D (dated 07 March 2022) and 1171-02-90-001 Rev A (dated 11 October 2021) shall be erected within 3 months of the date of the permission and retained thereafter.

Reason: In the interest of residential amenity and to accord with policy HS11 of the adopted Wirral UDP.

The Development Management Manager presented the report of the Director of Regeneration and Place in relation to the above application for consideration.

On a motion by Councillor S Foulkes and seconded by the Chair it was –

Resolved unanimously – that the application be approved subject to the following conditions.

1.   The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended).

2.   The development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 12 & 17 May 2022 and listed as follows:

PLP 002V2

PLP 003V2

PLP 004V2

PLP 005V2

PLP 009

Reason: For the avoidance of doubt and to define the permission.

3.   Before any external facing construction commences, samples of the facing 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.

Reason: To ensure a satisfactory appearance to the development in the interests of visual amenity and to comply with Policy HS4 of the Wirral Unitary Development Plan.

4.   Detailed drawings shall be submitted to and approved by the Local Planning Authority before any above ground 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.

Reason: To ensure that the development is satisfactorily sited and designed in relation to adjacent development and the highway and that satisfactory gradients are achieved.

5.   No tree felling, shrub removal, scrub clearance, or vegetation management is to take place during the period 1 March to 31 August inclusive. If it is necessary to undertake works during the bird breeding season then all trees, shrubs, scrub, and vegetation are to be checked first by an appropriately experienced ecologist to ensure no breeding birds are present. If present, details of how they will be protected are required to be submitted for approval.

Reason: To avoid any detrimental impact onto nesting birds having regard to Wirral's UDP Policy NC7

6.   The following reasonable avoidance measures should be put in place to ensure that there are no adverse effects on protected species:

• A pre-commencement check for badger and hedgehog.

• All trenches and excavations should have a means of escape (e.g., a ramp).

• Any exposed open pipe systems should be capped to prevent mammals gaining access.

• Appropriate storage of materials to ensure that mammals do not use them

Reason: Having regard to priority species in accordance with Wirral's UDP Policy NC7

7.   Details for the construction of the widened vehicle access from the highway in Quarry Road East  ...  view the full minutes text for item 69.

The Chair proposed and it was agreed by assent that this item would be heard first due to the level of public interest in this application. The order of items reverted to the agenda after this item.

Councillor G Davies was running late and missed the beginning of the debate so was not able to exercise his right to participate on this item.

The Development Management Manager presented the report of the Director of Regeneration and Place in relation to the above application for consideration.

Lead petitioner Keith Pritchard addressed the committee.

The applicants’ agent, Andy Armstrong addressed the committee.

On a motion by the Chair and seconded by Councillor M Jordan it was:

Resolved (7:4:1) – that the application be refused on the following grounds:

1.  The proximity of plot one to trees protected by a tree preservation order is likely to result in pressure from future occupiers for the removal or significant pruning of these trees to secure a reasonable natural light to rooms and gardens, or to remove perceived dangers to life or property to the detriment of the health and amenity value of the trees and the wider character of the area, as such the application is contrary to saved policies GRE1 and GR7 of the Wirral Unitary Development Plan.

2.  The proximity of plot one to trees protected by a tree preservation order would be likely to result in a poor standard of internal and external amenity at the rear of this dwelling and within the private garden due to the sense of enclosure and shading caused by the proximity and scale of the trees and the extent of their canopies, as such the application is contrary to saved policy HS4 of the Wirral Unitary Development Plan and paragraph 130 and 131 of the National Planning Policy Framework which seeks to ensure developments create a high standard of amenity for existing and future users of land and buildings.

The following item contains exempt information.

RECOMMENDATION:  That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined by paragraphs 5 and 7 of Part I of Schedule 12A (as amended) to that Act. The Public Interest test has been applied and favours exclusion.

On a motion by the Chair and seconded by Councillor S Foulkes, it was -

Resolved - That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined by paragraphs 5 and 7 of Part I of Schedule 12A (as amended) to that Act. The Public Interest test has been applied and favours exclusion.

The Principal Planning and Enforcement Team Leader introduced a report of the Director of Regeneration and Place which set out enforcement options against the owner of 77 Chester Street, Birkenhead for failing to comply with the requirements of an enforcement notice.

On a motion by the Chair and seconded by Councillor S Foulkes it was –

Resolved unanimously – that the recommendations as detailed in the report be agreed.