Agenda and minutes

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Contact: Katy Brown  Committee Officer

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Items
No. Item

1.

MINUTES pdf icon PDF 70 KB

To approve the accuracy of the minutes of the meeting held on 22 September 2020.

Additional documents:

Minutes:

The Director of Law and Governance submitted the minutes of the meeting held on 22 September 2020 for approval.

 

Resolved – That the minutes of the meeting held on 22 September 2020 be approved.

 

2.

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:

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.

3.

ORDER OF BUSINESS

Additional documents:

Minutes:

With the consent of the Members of the Committee, the Chair agreed to vary the order of business.

4.

APP/20/00741: 25 WARWICK DRIVE, EGREMONT. To create a small mews style 3-Bed house within the grounds of the existing property at 25 Warwick Drive, Wallasey. pdf icon PDF 1 MB

Additional documents:

Minutes:

The Director of Regeneration and Place submitted the above application for consideration.

 

The Lead Petitioner addressed the Committee.

 

The applicant’s agent addressed the Committee.

 

A Ward Councillor addressed the Committee.

 

It was moved by the Councillor P Stuart and seconded by Councillor G Davies that the application be refused.

 

The motion was put and carried (10:0).

 

Resolved (10:0) – That the application be refused for the following reason:

 

1. It is considered that the development proposed would introduce a form of development that would appear at odds with the local character of the area appearing incongruous when set against the prevailing pattern of frontage development, with private, interlocking rear gardens.  Therefore, it is considered that the development does not comply with Policy HS4 of the Wirral Unitary Development Plan or the principles of the National Planning Policy Framework.

 

5.

APP/19/01342: 5 JOHNSONS ESTATE, TARRAN WAY SOUTH, MORETON, CH46 4TP. Addition of 4 new small buildings: 1. To house a dust extractor on the external of the factory building, 2. A porta-cabin to act as the site workers canteen, 3. A porta-cabin to act as the site workers changing and drying room & 4. A small wooden shed to house a table saw that in turn has its own dust extraction. Change of operating Hours to run 24 hours a day 7 days a week. pdf icon PDF 365 KB

Additional documents:

Minutes:

The Director of Regeneration and Place submitted the above application for consideration.

 

The Lead Petitioner addressed the Committee.

 

A Ward Councillor addressed the Committee.

 

It was moved by the Councillor K Hodson and seconded by Councillor P Stuart that the application be approved subject to the following condition being added:

 

“6. The machine saw timber shed shall not be in use before 0700 hours and after 1800 hours Monday to Friday and before 0800 hours and 1800 hours on weekends and Bank Holidays. Reason: In the interests of amenity.”

 

The motion was put and carried (10:0).

 

Resolved (10:0) – That the application be approved with the following conditions:

 

1. The development hereby permitted shall be begun before the expiration of 3 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 19 December 2019 and listed as follows: Site Plan, 19148-100, 19148-101, 19148-102, 19148-103

 

3. Deliveries shall be taken at or despatched from the site only between hours of 0800 and 1800 Monday to Friday 0900 and 1700 Saturdays and not at any time on Sundays or on Bank or Public Holidays.

 

4. There shall be no use of vehicles requiring the operation of audible reverse alarms within the site before 0800 and after 1900 hours Monday to Friday, before 0900 and after 1800 Saturdays and before 1000 and after 1600 Sundays and Public Holidays

 

5. All doors, roller shutters and windows shall be in the closed position up to 0700 hours and after 1800 hours Monday to Friday and up to 0800 and 1800 hours weekends and bank holidays other than when opened to allow staff to enter and leave the building.

 

6. The machine saw timber shed shall not be in use before 0700 hours and after 1800 hours Monday to Friday and before 0800 hours and 1800 hours on weekends and Bank Holidays.

 

6.

APP/20/00437: ALDI PRENTON, 374 WOODCHURCH ROAD, PRENTON, CH42 8PG. Demolition of existing commercial buildings and erection of a food store (Use Class A1), car park, access and landscaping. pdf icon PDF 305 KB

Additional documents:

Minutes:

The Director of Regeneration and Place submitted the above application for consideration.

 

The Applicant addressed the Committee.

 

Two Ward Councillors addressed the Committee

 

A Ward Councillor from Oxton Ward addressed the Committee.

 

It was moved by the Councillor B Kenny and seconded by Councillor P Stuart that the application be approved subject to the following conditions.

 

The motion was put and carried (8:2).

 

Resolved (8:2) – That the application be approved with the following conditions:

 

1. The development hereby permitted shall be begun before the expiration of 3 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 (unless otherwise stated) on 19 March 2020:

 

1944NES-110 Location Plan

1944NES-114 Demolition Plan

1944NES-116 Proposed GA Plan

1944NES-117 Proposed Elevations

1944NES-118 Proposed Roof Plan

1944NES-119 Proposed Roller Shutter Details

1944NES-120B Proposed Boundary Treatment

 

Received 16 September 2020:

 

200915-GA-02 Woodchurch Road Access and Egress (prepared by Cameron Rose)

Aldi, Prenton Management Plan (prepared by JLL)

 

Received 13 September 2020:

 

1944NES-115F Proposed Site Plan

 

3. Before any above ground 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. Prior to occupation of the food store a full scheme of works and timetable for the construction of the following shall be submitted to and agreed in writing with the Local Planning Authority:

 

i.  The formation of the new vehicular accesses to the development from Duck Pond Lane and Woodchurch Road and the provision of a turning facility to the existing alleyway parallel to Woodchurch Road.

ii.  The provision of dropped kerbs and tactile paving at all new access points

iii.  The provision of a minimum 2m wide footway along the development boundary to Duck Pond Lane

iv.  Any necessary amendments to the existing traffic regulation orders on Woodchurch Road and Duck Pond Lane to facilitate the highway works.

v.  Any new or repositioned street lighting columns or highway drainage works necessary to facilitate the above highway works.

 

5. No development shall commence until the ‘Confirmed/ Final’ Sustainable Drainage Strategy1 and method of implementation satisfying the Terms of Condition below and in accordance with the submitted surface water drainage assessment (29 September 2020/ Aldi Prenton/ Drainage Assessment / Final Report V1.3/ Weetwood) is submitted and approved in writing by the Local Planning Authority, in consultation with the Lead Local Flood Authority.  The surface water discharge rate for the development is limited to 15 l/s.

 

6. The development hereby permitted by this planning permission, including all components of the sustainable drainage system, shall be carried out in accordance with the approved final Sustainable Drainage Strategy, including any phasing embodied within, and maintained in perpetuity in accordance with an agreed Operation and Maintenance Plan, approved by the Local Planning  ...  view the full minutes text for item 6.

7.

APP/20/00552: Thors Hill, 8 WETSTONE LANE, WEST KIRBY, CH48 7HQ. Erection of a 5-bed dwelling with associated hard and soft landscaped external works. (amended plans and red edge) pdf icon PDF 897 KB

Additional documents:

Minutes:

The Director of Regeneration and Place submitted the above application for consideration.

 

The Agent addressed the Committee.

 

A Ward Councillor addressed the Committee.

 

It was moved by the Chair and seconded by Councillor K Hodson that the application be approved.

 

The motion was put and carried (10:0).

 

Resolved (10:0) – That the application be approved with the following conditions:

 

1. The development hereby permitted shall be begun before the expiration of 3 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 24th April 2020 and listed as follows:

 

18-242-P2-01B, received 3rd July 2020;

18-242-P2-110B, received 3rd July 2020;

18-242-P2-112B, received 3rd July 2020;

18-242-P2-101C, received 17th July 2020;

18-242-P2-111C, received 18th September 2020;

18-242-P2-100E, received 24th September 2020; and

18-242-P2-102C, received 24th September 2020.

 

As well as:

 

Ecology Survey and Assessment (We Know Services, May 2020);

Arboricultural Method Statement We Know Services April 2020) Revision B and plan (19/00053/MS/B);

Arboricultutal Implications Assessment Revision B (We Know Services April 2020).

 

3. No above ground works shall take place prior to details of all materials to be used in the external construction (facing, roof, openings etc) of this development have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with approved details.

 

4. Notwithstanding the details indicated on the plans hereby approved,  details and elevations of the sandstone walls flanking the newly formed driveway  to either side shall be  submitted to and approved by the Local Planning Authority and constructed prior to the occupation of the premises. Such details to show:-

 

(a)  To match existing sandstone boundary walls fronting Wetstone Lane in terms of material and in height

 

5. Prior to first occupation of the hereby approved property, the existing foliage to the existing boundary wall flanking the newly formed vehicular access to either side and to the grassed area immediately to the front of this boundary wall, shall be removed and maintained as such thereafter .

 

6. 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. If it is necessary to undertake works during the bird breeding season then trees 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.

 

7. Prior to first occupation of the hereby approved development, details of bird boxes to include number, type and location on an appropriately scaled plan as well as timing of installation shall be submitted to and approved in writing by the Local Authority. Thereafter, their implementation shall be carried out in accordance with the approved details.

 

8. No external lighting shall be installed until details of the proposed lighting scheme to include a type, location  ...  view the full minutes text for item 7.

8.

Appointment of Strategic Applications Sub-Committee pdf icon PDF 119 KB

Additional documents:

Minutes:

The Director of Law and Governance submitted a report to enable the Planning Committee to establish a Strategic Applications Sub Committee, the Terms of Reference of which were approved by Council on 28 September 2020.

 

It was reported that the Constitution as approved by Council required the establishment of the Strategic Applications Sub–Committee. The membership of the Sub-Committee may comprise between 6 and 9 members. The proposals within the report enabled the Committee to decide upon the size of the Sub-Committee and to agree the allocation of seats to different political groups.  It was also reported that the Planning Committee had power to reserve to itself functions that the Constitution prescribed as matters for the Strategic Applications Sub-Committee.

 

On a motion by the Chair and seconded by Councillor S Foulkes it was agreed that the Sub-Committee be comprised of 6 Members with the political proportionality of 3 Labour Members and 2 substitutes; 2 Conservative Members and 1 substitute; and 1 Liberal Democrat Member and 1 substitute.

 

The motion was put and carried.

 

Resolved (10:0) –

 

(1)  That the Terms of Reference of the Strategic Applications Sub-Committee, as referred to in paragraph 3.1 of the report, be noted and those matters delegated to it be reserved to  Planning Committee except as set out in paragraph  6 of this resolution.

 

(2)  That the Strategic Applications Sub Committee be delegated the consideration of the protocols and procedures to be adopted with regard to pre application discussion arrangements.

 

(3)  That the size of the Strategic Applications Sub-Committee, having regard to the options referred to at paragraph 5.5 of the report be set at 6 members of the Planning Committee in the political ratio of 3 Labour Seats (with 2 substitutes), 2 Conservative seats (with one substitute) and 1 Liberal Democrat seat (with 1 substitute).

 

(4)  That the Chair of Planning Committee to be appointed as Chair of the Strategic Applications Sub Committee.

 

(5)  That the Monitoring Officer be authorised as proper officer to carry out the wishes of the Group Leaders in allocating Members to membership and substitute membership of the Strategic Applications Sub-Committee and to appoint those Members with effect from the date at which the proper officer is advised of the names of such Members

 

(6)  That the following matters shall be determined at the Strategic Applications Sub Committee:

 

(i) Large-scale major developments (defined by the Ministry for Housing, Communities and Local Government (MHCLG) as those of 200 houses or more or 10,000 square metres of non-residential floor space) which, by their nature, (e.g. scale, location etc.) have wider strategic implications and raise issues of more than local importance.

 

(ii) significant applications by Wirral Borough Council to develop any land owned by the Council, or for development of any land by the Council or by the Council jointly with any other person (Regulation 3 applications)

 

(iii) Applications where it was proposed to make a decision that is a significant departure from the policies of the development plan, with  ...  view the full minutes text for item 8.

9.

PROTOCOLS RELATING TO DETERMINATION OF PLANNING APPLICATIONS pdf icon PDF 140 KB

Additional documents:

Minutes:

The Director of Regeneration and Place submitted a report seeking approval for Protocols relating to the determination of Planning Applications.

 

It was reported that the first Protocol related to the criteria to be applied as to when the Director of Regeneration and Place shall arrange for an application to be taken out of officer delegation and be considered by the Planning Committee or Strategic Applications Sub-Committee for determination due to it being  inappropriate to exercise delegated powers having regard to the public representations received and/or consultee responses.

 

The second Protocol related to the right for persons who are not members of the Planning Committee to speak at meetings of the Planning Committee or the Strategic Applications Sub-Committee. Approval was also sought for a third protocol being Guidance on the right to speak at Planning Committee and Strategic Applications Sub-Committee.

 

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

 

Resolved (10:0) –

 

(1)  That the “Criteria to be applied by the Director for removing an application from officer delegation and referring the matter to Planning Committee or the Strategic Applications Sub-Committee” be as set out in Appendix 1 attached to these minutes.

 

(2)  That the “Protocol on the Right to Speak at Wirral Council Planning Committee and Strategic Applications Sub-Committee” be as set out in Appendix 2 attached to these minutes.

 

(3)  That the “Guidance on the right to speak at Planning Committee and Strategic Applications Sub-Committee” be as set out in Appendix 3 attached to these minutes.

 

(4)  That during the Covid 19 Pandemic the scheme of delegation be temporarily amended to give delegation to the Director, in consultation with party spokespersons, the following categories of application:

 

  1. Any personal/private application made by any Member of the Council, or any member of staff employed in the Council’s Planning Service.

 

  1. Any application where an Elected Member is involved in any capacity as an agent or consultant where at least one objection has been received.

 

  1. Applications where it was proposed to make a decision that is contrary to the development plan with the exception of domestic extensions.

 

  1. Decisions that would need to be referred to the Secretary of State with the exception of applications for Planning Permission and/or Listed Building Consent to Grade I listed buildings, where there are no objections on conservation grounds.

 

  1. Decisions where a claim for compensation from the Council may arise or which otherwise may involve a financial payment.

 

  1. Recommendations to not take appropriate enforcement action relating to Priorities 1, 2 and 3 of the adopted Planning Enforcement Policy on the grounds of non-expediency.