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					     Planning & Development Committee                                                     12 May 2006

                         PLANNING AND DEVELOPMENT COMMITTEE

A meeting of the Planning and Development Committee was held on 12 May 2006

The meeting commenced at 11.00 a.m.; adjourned at 12.35 p.m. and re-convened at 1.30 p.m.

PRESENT: 11.00 a.m. Councillor McPartland (Chair), Councillors Brunton, Ferrier, McIntyre and Mrs
                    B Thompson.

OFFICIALS:              V Flynn, A Hargreaves, A Hughes, P McEvoy, R Parkin, B Roberts and E
                        Vickers.

**ALSO IN ATTENDANCE: Councillors Budd, Coppinger and K Walker.

**DECLARATION OF INTEREST - None

**APOLOGIES FOR ABSENCE were submitted on behalf of Councillors Bloundele, Ismail, McTigue,
Rooney and Sanderson


PRESENT: 1.30 p.m.      Councillor McPartland (Chair), Councillors Brunton, Ferrier, McIntyre, Rooney
                        and Mrs B Thompson.

OFFICIALS:              V Flynn, A Hughes, B Roberts and E Vickers.

**ALSO IN ATTENDANCE: Councillor Elder

**DECLARATIONS OF INTEREST: Councillor Mrs B Thompson – M/OUT/0533/06/P – 200
                            Guisborough Road
                            Councillor Ferrier – M/LBC/0311/06/P and M/FP/0341/06/P -
                            York House, 108 Borough Road

**APOLOGIES FOR ABSENCE were submitted on behalf of Councillors Bloundele, Ismail, McTigue,
Rooney and Sanderson

**MINUTES

The Minutes of the meeting held on 21 April 2006 were submitted and approved as a true record.

                                                                                          NOTED.

PLANS

The Head of Planning and Regeneration Programme submitted plans deposited as applications to
develop land under the Town and Country Planning Act 1990 and the Head of Development Control
reported thereon.

ORDERED that the following applications be determined as shown: -

At 11.00 a.m. the following item only was presented for consideration.

M/FP/0283/06/P – Erection of mixed use development comprising two retails units and hotel,
with associated car parking, servicing, landscaping and access on land at North Riding
Infirmary, Newport Road for Aldi Stores Ltd.

The Chair referred to the Planning Inspector‟s reasons for dismissing an appeal against the refusal of
an earlier application for this site. Members and all present were advised that the Committee‟s remit
was to consider this application on its merits, based on whether it was a suitable development for a
gateway site of the town. The issue regarding the preservation or otherwise of the existing building on
the site was not the remit of this committee.



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     Planning & Development Committee                                                        12 May 2006



The Head of Planning and Regeneration Programme advised Members that this application had been
deferred at the last meeting pending a site visit. Accordingly a site visit had been held the day prior to
the meeting.

Details of the plan status and planning history were outlined in the report, as was a full and detailed
analysis of the proposal.

Consultations had taken place; the application has been advertised in the local press and by site
notice as a major development, in accordance with circular 15/92. No responses to the specific
advertisement were received within the stipulated period, which expired on 15 March 2006. Letters of
objection had been received, including a great number of representations received from individual
members of the public and Gresham Ward Community Council. It was also understood that a petition
of objectors opposed to this proposal similar to that prepared previously by the Evening Gazette was
also in the course of preparation by its sponsors. Details of 17 individual responses which had been
received were included in the report. An additional report was tabled at the meeting, which
supplemented the main report and provided an updated analysis of the objections received, including
the petition sponsored as part of the „Save our Infirmary‟ campaign.

Consultation and responses have also been received from Tees Valley Joint Strategy Unit,
Transportation, Community Protection, Streetscene Services, Tees Archaeology, Middlesbrough
Town Centre Company, Environment Agency, Police Crime Prevention Design Adviser and
Northumbria Water, the details of which are included in the report.

A detailed analysis of the application was also included in the report and dealt with recent planning
history, the existing buildings, the principles of the proposed uses, scale and design, highways
impacts, environmental matters and responses to representation. Full details were included in the
report.

Reasons for recommendation:

The proposed development was considered to be appropriate for both the application site itself and
within the surrounding area in that the proposal was in accordance with national, regional and local
planning policies, statements and guidance. Development policies, statements and guidance, were
contained within the following documents: -

   Planning Policy Statement 1 (PPS1)- Delivering Sustainable Development)
   Planning Policy Statement 6 (PPS6)- Planning for Town Centres
   Planning Policy Statement 23 (PPS23)- Planning and Pollution Control
   Planning Policy Guidance Note 13 (PPG13) – Transport
   Planning Policy Guidance Note 21 (PPG21) – Tourism
   Planning Policy Guidance Note 24 (PPG24) – Planning and Noise
   Middlesbrough Local Plan (1999) – (See list of policies at paragraph 2).
   Middlesbrough Local Development Framework – Core Strategy (2005)

In particular the proposal met the national policy statements and guidance and the local plan policies
regarding the efficient use of land, the appropriate design and layout of development, sustainable
development and accessibility that would result in the development that would be in keeping with the
scale and character of the surrounding townscape, and would not be detrimental to the local
amenities of the surrounding area.

Issues of the principle of the proposed use, the impact of the proposed scheme and design, the
highways implications of the proposal, and of amenity have been considered fully and are not
considered to give rise to any inappropriate or undue affects. Accordingly, the local planning authority
considers that there are no material planning considerations that would override the general
assumption that development be approved unless the other material factors are determinable. On
this basis the recommendation to approve conditionally were set out for these reasons.

A representative of the applicant was present and elected to address the committee.
As Ward Councillor, Councillor K Walker addressed the committee in support of the application.


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     Planning & Development Committee                                                    12 May 2006

A local resident also spoke on behalf of the Residents Association, in support of the application.
In opposition to the application, a representative from Python properties addressed the Committee.
As Ward Councillor, Councillor Coppinger addressed the committee objecting to the application.
A local resident also addressed the committee to object to this application for a gateway site of the
town.

Members discussed the application and reference was made to the demolition issue, materials to be
used, the quality of the proposed building and its location.

Refused on the grounds that the proposed development of the North Riding Infirmary site would, by
reason of the use of a standard design and external materials, result in a development that would
have an appearance that would not be of sufficient design quality that would be appropriate to this
important town centre gateway location, contrary to Middlesbrough Local Plan Policy EM11.

The meeting was adjourned at 12.35 p.m. and re-convened at 1.30 p.m. for consideration of the
following items.

M/FP/0528/06/P – Two-storey care home with associated car park on land at Windermere Road,
Linthorpe for Beaucette Property Holdings.

Details of the plan status and planning history were outlined in the report.

Full details of the proposal were included in the report.

Consultations have taken place and as a result a petition signed by 11 residents of properties in
Grasser Lane have been submitted to the Council objecting on the grounds that car parking was
inadequate and would lead to congestion in the surrounding area. The Campaign to Protect Rural
England, stated that this use of the land would be a “least worst” proposal. Comments received from
Transportation, Community Protection, Streetscene Services, landscape, Middlesbrough Police Crime
Prevention Design Adviser, Tees Archaeology and Northumbria Water were included in the report.

A detailed analysis of the application was also included in the report.

Reasons for Recommendation

This application was satisfactory in that the design of the proposed Care Home accorded with the
principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements
(Policy E1 and HO14 of the Council's Local Plan).

In particular the care home was designed so that its appearance would be complimentary to the area
and so that it would not have a detrimental impact on the amenity of any adjoining or nearby
residents. The care home would not prejudice the appearance of the area and did not significantly
affect any landscaping nor prevent adequate and safe access for the care home. Issues of highways
and traffic, vehicular access and car parking, to the form and detailed design of the proposed
development, the layout of the site and the retention and disposition of open space within the site,
proposals for landscaping and the relationship of adjacent properties had been considered fully and
found to be satisfactory.

The application was therefore considered to be an acceptable form of development, fully in
accordance with the relevant policy guidance and there were no material considerations which would
indicate that the development should be refused.

The applicant and agent were present and did not speak but agreed to respond to any questions from
members. Councillor Elder, as Ward Councillor spoke in opposition to this applicant on the grounds of
car parking. Objectors were present and their representative also elected to address the committee.

Approved on condition that; (i) the development shall only be carried out using finishing materials of
which samples have been submitted to and approved by the Local Planning Authority prior to
commencement of; (ii) no development shall take place until full details of both hard and soft
landscape works have been submitted to and approved in writing by the local planning authority and
these works shall be carried out as approved. These details shall include proposed finished levels or



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     Planning & Development Committee                                                        12 May 2006

contours, means of enclosure, car parking layouts, other vehicle and pedestrian access and
circulation areas, hard surfacing materials, minor artefacts and structures (e.g.; furniture, play
equipment, refuse or other storage units, signs, lighting etc.), proposed and existing functional
services above and below ground (e.g.; drainage power, communications cables, pipelines etc.
indicating lines, manholes, supports etc.), retained historic landscape features and proposals for
restoration, where relevant; (iii) Soft landscape works shall include planting plans; written
specifications (including cultivation and other operations associated with plant and grass
establishment); schedules of plants, noting species, plant sizes and proposed numbers, densities
where appropriate; implementation programme;
(iv) all hard and soft landscape works shall be carried out in accordance with the approved details.
The works shall be carried out prior to the occupation of any part of the development or in accordance
with a programme agreed with the Local Planning Authority; (v) no development shall take place until
there has been submitted to and approved in writing by the Local Planning Authority, a plan indicating
the positions, design, materials and type of boundary treatment to be erected. The boundary
treatment shall be completed before the use hereby permitted is commenced or in accordance with a
timetable agreed in writing with the Local Planning Authority; (vi) a scheme showing the location of
temporary car parking for use during construction shall be submitted to and approved in writing by the
Local Planning Authority and implemented upon commencement of the development. Thereafter,
such car parking to be removed on completion of works; (vii) a full and competent site investigation
and risk assessment must be undertaken and submitted to the local planning authority for approval.
The site investigation must include details of any contamination present and any remediation
necessary. Any remediation must be undertaken prior to the development taking place; (viii) windows
in the residential properties on the site shall be sufficient to ensure that habitable rooms are protected
to less than 35db (A) L10 (18 hours) (In accordance with Appendix 14 of the Middlesbrough Local
Plan) with windows closed. Windows and associated ventilation equipment shall be of a design to be
agreed in writing by the local planning authority prior to the installation of the windows and associated
ventilation equipment. The windows and associated ventilation equipment shall thereafter be installed
in accordance with the approved details; (ix) all party walls and floors between proposed dwellings
shall be insulated against the transmission or airborne and impact sound to a standard equivalent to
that contained in Section E of the Building Regulations 2000 (x) details of the ventilation system to the
basement laundry and kitchen, including the height and position of the termination point of the flues,
shall be submitted to and approved in writing by the Local Planning Authority prior to the use of the
premises commencing and thereafter shall be installed prior to the use commencing and in
accordance with the approved details (xi) before development commences, a Flood Risk Assessment,
in line with Section 62 of PPG25 must be submitted to and approved in writing by the Local Planning
Authority and a scheme for amelioration measures resulting from this Assessment must be carried out
before the use commences. (Reasons as detailed in the report).

(Reasons are detailed in the report).

FORMER PLUMB CENTRE, ROMAN ROAD, LINTHORPE.

The Head of Planning and Regeneration Programme presented the report, the purpose of which was
to inform members of revised elevation drawings proceed in respect of the above planning approval
and of the situation regarding a possible removal of 6 no. poplar trees on the site.

Members were reminded that at the meeting of the 27 January 2006, Members gave approval to
planning application M/FP/2242/05/P for 1 no. 3 storey block containing 24 flats at the former Plumb
Centre, Roman Road, Linthorpe. Members had requested that planning conditions attached to the
scheme requiring the design of the buildings (Condition no. 8) and a full tree survey, (Condition no. 7)
of the site indicating which trees were to be removed and which retained, should be referred back to
committee for a decision.

Revised elevational drawings have now been received from the Architects and these were displayed
at the meeting. Further details of the design of the buildings and the full tree survey were included in
the report. The Council‟s Arborist had examined the trees and considered that the case for retaining




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     Planning & Development Committee                                                        12 May 2006

the trees was not strong and that approval should be given to their removal, with a landscaping
scheme being prepared for the development as required by existing conditions.

The Agent was present and elected to briefly address the committee. He confirmed that the trees
would be replaced as part of an overall landscape scheme, and semi-mature trees would be used.
As Ward Councillor, Councillor Elder was present and spoke against the removal of the poplar trees.
Objectors were also present and also spoke against the removal of the existing trees.

ORDERED as follows:-
(i)   that approval be granted to the revised elevations for the proposed development at the Plumb
      Centre and;
(ii)  that approval be granted to the removal of 6 no. Poplar trees from the site;
(iii) that in doing so, this discharged the conditions attached to planning consent M/FP/2242/05/P
      (Condition No. 7 tree survey and Condition No. 8 – revised elevations).

**DECLARATION OF INTEREST – Councillor B Thompson declared a prejudicial interest in the
following item and left the committee room for the during of its consideration.

M/OUT/0533/06/P – Outline application for the erection of 1 no. dwelling at 200 Guisborough
Road, Nunthorpe for Mrs E Griffiths.

Details of the plan status and planning history were outlined in the report, as were full details of the
proposal.

Neighbourhood consultations have taken place and objections received from the occupiers of nos. 7,
5, 7 and 9 Grey Towers Drive. Comments received from the various service areas were also included
in the report.

A full and detailed analysis of the application was also included in the report.

Reason for recommendation

This application was satisfactory in that the design of the proposed dwelling house accorded with the
principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements
(Policy E1 and HO14 of the Council's Local Plan).

In particular it was considered that the form of development was appropriate with regard to the
character of the surrounding area and pattern of development and would not be detrimental to local
and residential amenity.

Issues of highway and traffic, vehicular access for the development and pedestrian movement had
been fully considered and found to be satisfactory.

The application was therefore considered to be an acceptable form of development, fully in
accordance with the relevant policy guidance and there were no material considerations which would
indicate that the development should be refused.

The applicant‟s agent was present but elected not the address the committee.

Approved on condition that; (i) approval of the details, siting, design and external appearance of the
buildings, means of access, the method of drainage, the land surface contours and the landscaping of
the site, shall be obtained for the local planning authority before development commences; (ii) an
application for approval of the reserved matters shall be made to the local authority before the
expiration of 3 years from the date of this application; (iii) no development shall take place on the site
and no tree shall be felled, lopped or topped, within the group of trees covered by the Tree
Preservation Order until a programme/scheme for replacement planting, identifying species, size and
location of replacement trees and a 15 year management and maintenance plan for the trees on the
site have bee submitted to and approved in writing by the local planning authority. Prior to the
occupation of the dwelling hereby approved, the replacement planting shall be carried out fully in
accordance with the approved scheme. If any replacement tree is removed, uprooted, damaged or



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     Planning & Development Committee                                                       12 May 2006

dies during a period of 5 years from the period of planting, another tree shall be planted at the same
time and that tree shall be of such a size and species and shall be planted at such time as maybe
specified in writing by the local planning authority. (Reasons as detailed in the report).


M/FP/0127/06/P – Two storey extension at side and single storey extension at rear of 49
Ullswater Avenue, Acklam for Mr D Smith.

Details of the plan status and planning history were outlined in the report.

Full details of the proposal were included in the report.

Neighbourhood consultations have taken place and one letter of objection was received from the
occupier of no. 51 Ullswater Avenue who complained about the possible loss of light and a tunnelling
effect that this extension would have.

A detailed analysis, with particular reference to policy 8014 was included in the report.

Reason for recommendation:

The application is unacceptable in that it was contrary to and conflicted with national and local policy
guidance contained within planning system general principles and Middlesbrough Local Plan Policies
E1 and HO14.

The proposed extension is of a scale, design and appearance that would have a detrimental impact
on the amenities of the adjoining residents.

The application was therefore considered to be an unacceptable form of development contrary to
national and local policy and there were no material considerations which would indicate that the
development should be approved.

Refused on the grounds that (i) the proposed extension by reason of size, location and design is
detrimental to the amenities of the adjoining occupiers by reason of overshadowing, loss of light and
overbearing design; (ii) the proposal was contrary to and conflicted with the provision of policy E1
General Development Policy and Policy HO14 Extensions to Houses of the Middlesbrough Local
Plan.

M/RES/0267/06/P – Three storey building comprising ground floor retail, first floor
office/storage and second floor two no. self contained residential units at Stonehouse Street,
Linthorpe for Mrs V Kerr.

Details of the plan status and planning history were outlined in the report.

Members were reminded of the meeting of 20 September 2005 this committee granted outline
planning approval for a 3 storey building on land at Stonehouse Street, the details of which were
indicated above. Application was now made in respect of the reserved matters arising from the
original approval. Full details of the proposal were included in the report.

Consultations have taken place and comments received from Transportation, Community Protection,
Streetscene, and the Middlesbrough Police Crime Prevention Design Adviser were included in the
report.

Reason for recommendation:

The application was satisfactory and at the change of use to ground floor retail, first floor storage and
second floor residential accords with the principles of national planning policy (planning policy
statement 1) and is compatible with local policy requirements (Policies E1, EM1, SA9 and HO6 of the
Council‟s Local Plan). Whilst the site is located within an area identified on the Council‟s Local Plan
for employment uses, the other uses approved have been examined and are considered to be
compatible with the mix of uses currently within the area. The use will not be detrimental to the
character of the area or amenity of surrounding properties, nor will the traffic generation, car parking



                                                6
     Planning & Development Committee                                                       12 May 2006

or noise associated with use be of a level likely to result in an unacceptable impact on nearby
residents. The use will not affect the function or character of the area.

The building is designed so that its appearance is complimentary to the adjacent properties and so
that it will not have a detrimental impact on the amenity of any adjoining or nearby occupiers. The
building will not prejudice the appearance of the area. The application was therefore considered to be
an acceptable form of development, fully in accordance with the relevant policy guidance and there
were no material considerations which would indicate that the development should be refused.

Approved on condition that (i) the development shall only be carried out using finishing materials of
which samples have been submitted to and approved by the Local Planning Authority prior to
commencement of the development; (ii) a full and competent site investigation and risk assessment,
to determine the ground condition and to identify any remediation works which need to be carried out
to the site in order to bring it to a standard suitable for use, shall be submitted to and approved in
writing by the Local Planning Authority prior to development taking place. Development shall
thereafter take place in accordance with the approved details; (iii) hours of opening shall be agreed for
the proposed commercial development with the planning authority; (iv) times of deliveries to and from
the proposed commercial development shall be agreed with the local planning authority; (v) the class
of use of the proposed commercial development shall be agreed with the local planning authority; (vi)
details of ventilation and fume extraction system, suitable for uses within Class A3, including a full
technical specification by a suitable qualified technical person specifying the position of ventilation,
fume or flue outlet points, details of noise levels generated and any noise attenuation structures to be
incorporated; the type of filtration including any odour abatement, to be installed and used at the
premises in pursuance of this permission, shall be submitted to and approved in writing by the Local
Planning Authority before the use commences. The ventilation and extraction system shall be
operated and maintained in accordance with the manufacturer‟s recommendations including the
frequency of replacement filters; (vii) details of a scheme for the storage of the commercial waste from
the proposed commercial development shall be agreed with the local planning authority; (viii) details
of a scheme for the hygienic storage of domestic waste from the proposed residential development
shall be agreed with the local planning authority; (ix) details of an acoustic scheme for uses within the
class of use of the commercial part of the development shall be submitted to, and approved by the
local planning authority, giving details of all fixed plant and equipment to be installed, details of any
sound attenuating measures to be incorporated, and measures to be used to control noise provided
for comment; (x) all party walls and floors between the proposed commercial development and the
second floor proposed residential development shall be intimated against the transmission of airborne
and impact sounds to a standard equivalent to that contained in approved document E 2003 edition
under Building Regulations (2000) as amended;
(xi) windows in the proposed residential development shall be sufficient to ensure that habitable
rooms are protected to less than 35 dB (A) L10 (18 hours) (in accordance with Appendix 14 to the
Middlesbrough Local Plan) with windows closed. Windows and associated ventilation equipment shall
be of a design to be agreed in writing by the local planning authority prior to the installation of the
windows and associated ventilation equipment. The windows and associated ventilation equipment
shall thereafter be installed in accordance with the approved details; (xii) a plan showing the location
of temporary car parking for use during construction, and measures to protect the existing footpaths
and verges, shall be submitted to and approved in writing by the Local Planning Authority and
implemented upon commencement of the construction. Thereafter, such car parking to be removed
on completion of works. (Reasons as detailed in the report).

** DECLARATION OF INTEREST – Councillor Ferrier declared a personal interest in the
following two items.

M/LBC/0311/06/P – Demolition of extension to rear and second floor structure, extension to
rear, change of use of second floor to office and roof accommodation and internal alternations
at York House, 108 Borough Road for the Mandale Group.

Details of the plan status and planning history were outlined in the report.

Full details of the proposal are included in the report.

Consultations have taken place and the comments received from the Councils Conservation Officer,
                                                     th
English Heritage, Ancient Monument Society and the 20 century society were included in the report.


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     Planning & Development Committee                                                          12 May 2006


A detailed analysis of the application was also included in the report, with particular reference to
policies E37 and E38 and PPG15, the full details of which were included in the report.

Reasons for recommendation:

The proposed works indicated in this application were considered to be inappropriate for the
application building itself in that the proposal had been assessed in accordance with the relevant
national and local planning policies, statements and guidance. The relevant policies and statements
and guidance were as follows:-

   Planning Policy Statement 1 (PPS1)- Delivering Sustainable Development)
   Planning Policy Guidance Note 15 (PPG15) – Planning & Historic Environment
   Middlesbrough Local Plan (1999) – Policies E37 and E38.


In particular, issues of the impact on the historic environment, building conservation and the re-use,
and the intrinsic merits of the listed building have been considered fully, including work set out in the
representations made by statutory consultees. Accordingly, the local planning authority considers that
the material considerations have been taken into account in this case and the due work given to these
factors were in accordance with the relevant statutory duty under the Planning (List of Buildings and
Conservation Areas) Act 1990. On this basis the recommendations for refusal are set out below for
the reasons shown:-

Refused on the grounds that (i) the proposed works would, by reason of the scope and extent of the
partial demolition, the erection of a second floor storey, and the internal alterations to the ground, first
and second floors, result in an adverse impact on the intrinsic merit and special interest of this Grade
Il listed building, contrary to the statutory duty regarding listed buildings, the national planning policy
guidance of PPG15 and the relevant policies of the Middlesbrough Local Plan (policies E37 and E38);
(ii) the works would, by reason of their scope and extent, and the lack of any reasoned case in
support or to justify these proposals, have an undue impact on the special interest of this Grade II
listed building, contrary to the statutory duty regarding listed buildings and the national policy
guidance of PPG15.

M/FP/0314/06/P – Demolition of existing and second floor structure, erection of extension to
rear, change of use of second floor to office and roof accommodation and internal alterations
at York House, 108 Borough Road for the Mandale Group.

Details of the plan status and planning history were outlined in the report.

Members are advised that this application for planning permission was accompanied by an application
for Listed Building Consent (previous application). Full details of the proposal were included in the
report.

Consultations have taken place and no objections have been received.

A detailed analysis of the application was also included in the report.

Reasons for recommendation:

The proposed works indicated in this application were considered to be inappropriate for the
application building itself in that the proposal had been assessed in accordance with the relevant
national and local planning policies, statements and guidance. The relevant policies and statements
and guidance were as follows:-

   Planning Policy Statement 1 (PPS1)- Delivering Sustainable Development)
   Planning Policy Guidance Note 15 (PPG15) – Planning & Historic Environment
   Middlesbrough Local Plan (1999) – Policies E37 and E38.




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     Planning & Development Committee                                                          12 May 2006

In particular, issues of the impact on the historic environment, building conservation and the re-use,
and the intrinsic merits of the listed building have been considered fully, including work set out in the
representations made by statutory consultees. Accordingly, the local planning authority considers that
the material considerations have been taken into account in this case and the due work given to these
factors were in accordance with the relevant statutory duty under the Planning (List of Buildings and
Conservation Areas) Act 1990. On this basis the recommendations for refusal are set out below for
the reasons shown:-

Refused on the grounds that the proposed works would, by reason of the scope and extent of the
partial demolition, the erection of a second floor storey, and the internal alterations to the ground, first
and second floors, result in an adverse impact on the intrinsic merit and special interest of this Grade
Il listed building, contrary to the statutory duty regarding listed buildings, the national planning policy
guidance of PPG15 and the relevant policies of the Middlesbrough Local Plan (policies E1 and E30.


M/FP/0552/06/P – Retrospective application for 1 no. 1.8m high fence on existing wall to front
and side of 75 St. Cuthbert Avenue, Marton for Mr Longdon.

Details of the plan status and planning history were outlined in the report.

Neighbourhood consultations have taken place and the occupier of 74 St. Cuthbert Avenue objected
on the grounds that this was an open plan development with conditions attached to the purchase of
the house to that effect. Also due to the sloping nature of the development, the erection of this fence
introduced a barrier of some 2.44m height above ground level at their property. The fence also
introduced a safety hazard to the occupiers at No. 47 in terms of reduced visibility when attempting to
reverse cars off the driveway.

A detailed analysis of the application was included in the report.

ORDERED that this application be refused on the grounds that the application site was located on an
open plan estate wherein it was the Council‟s intention to retain the open aspect within the
streetscene. The fence, as erected, conflicted with this principle and assumed a prominent
appearance within the streetscene to the detriment of the visual amenities of the immediate neighbour
and the appearance of the streetscene. The fence, as erected, conflicted with Local Plan Policy E1,
(General Development). Enforcement Action was also authorised.

M/FP/0561/06/P – Part ground floor/part first floor extension to rear of 25 Downside Road,
Acklam for P Dalton

Details of the plan status and planning history were outlined in the report.

Full details of the proposal were included in the report.

Neighbourhood consultations have taken place and the occupier of no. 23 Downside Road objected
on the grounds that the impact of the first floor extension would have on the value of that property and
there would be a significant impact on the view from the kitchen window and daylighting and there
were no other first floor extensions to properties in the immediate vicinity.

A detailed analysis of the application was also included in the report.

This application was satisfactory in that the design of the proposed extension accorded with the
principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements
(Policy E1 and HO14 of the Council's Local Plan).

In particular the extension was designed so that its appearance was complimentary to the existing
dwelling house and so that it would not have a detrimental effect on the amenity of any adjoining or
nearby resident. The extension would not prejudice the appearance of the area and did not
significantly affect any landscaping nor prevent adequate and safe access to the dwelling.




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     Planning & Development Committee                                                         12 May 2006

The application was therefore considered to be an acceptable form of development, fully in
accordance with the relevant policy guidance and there were no material considerations, which would
indicate that the development should be refused.

Approved on condition that the development shall only be carried out using finishing materials of
which samples have been submitted to and approved by the Local Planning Authority prior to
commencement of the development. (Reason: to ensure the use of satisfactory materials).

M/FP/0563/06/P – Renewal of temporary planning consent M/FP/0639/04/P for additional
temporary car park at St. Luke’s Hospital, Marton Road for South Tees Hospitals NHS Trust.

Details of the plan status and planning history were outlined in the report.

Full details of the proposal were included in the report, as was a detailed analysis of this application.

Approved on condition that; (i) the temporary car park shall be removed and the land reinstated to its
former use by 12 May 2008 unless a further period of consent was sought from the local planning
authority; (ii) the reinstatement of the car park to its former use shall be in accordance with the
scheme to be agreed by the local planning authority and thereafter the reinstatement shall be carried
out in accordance with a programme to be agreed by the local planning authority (Reasons as
detailed in the report).

M/FP/0582/06/P – Change of use from hotel to residential nursing home at the Ash Tree Hotel,
23-25 The Crescent, Linthorpe for Mr P McGee and Mr D Taylor.

Details of the plan status and planning history were outlined in the report.

Full detailed of the proposal were included in the report.

Neighbourhood consultations have taken place and the only comments received were from
Community Protection Service and Middlesbrough Council‟s Conservation Officer, the details of which
were included in the report.

A detailed analysis of the application was also included in the report.

Reasons for recommendation

This application was satisfactory in that the design of the proposed development accorded with the
principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements
(Policy E1 and HO14 of the Council's Local Plan).

In particular, the residential nursing home was located within an area identified in the Council‟s local
plan for residential purposes and as such the residential nursing home combined with the residential
use of the surrounding area. The use would not be detrimental to the character of the area or
amenity of surrounding properties, nor will the traffic generation, car parking or noise associated with
the use be of a level likely to revert in an unacceptable impact on the nearby residents. The use
would not affect the function or character of the area. The residential nursing home would not have a
significant affect on visual amenities.

The application was therefore considered to be an acceptable form of development, fully in
accordance with the relevant policy guidance and there were no material considerations which would
indicate that the development should be refused.

Approved on condition that; (i) the areas available for car parking shall be retained for car parking use
and shall not be used for any other purpose without the express written consent of the Local Planning
Authority; (ii) the existing garden areas shall be retained for that purpose and shall not be converted to
any other without the express written consent of the local planning authority; (iii) a scheme indicating
the provision be made for disabled accessibility throughout the building shall be submitted to and
approved by and implemented to the satisfaction of the local planning authority; (iv) a scheme for the
ventilation of the cooking area, the extraction of fumes, and the filtration of smell, including details of



                                                10
     Planning & Development Committee                                                        12 May 2006

the height and positioning of any necessary equipment shall be submitted to and approved by the
local planning authority and the use hereby permitted shall not commence until that scheme has been
implemented in accordance with the approved details (Reasons as detailed in the report).

M/FP/0605/06/P – Demolition of existing car wash and jet wash bay and erection of a conveyor
car wash centre at Arc Car Wash, Parkway Shopping Centre, Coulby Newham for Arc Car
Wash Ltd.

Details of the plan status and planning history were outlined in the report.

Full details of the proposal were included in the report.

Consultations have taken place and the comments received from Community Protection were
included in the report.

A detailed analysis of the application was also included in the report.

Reasons for Recommendation

This application was satisfactory in that the design of the proposed development accorded with the
principles of National Planning Policy (Planning Policy Statement 1) and local policy requirement
(Policy E1of the Council's Local Plan).

In particular it was considered that the form of development was appropriate in terms of design
appearance and location and with regard to the surroundings and would not be detrimental to local
and residential amenity. Issues of highway and traffic vehicular access form and design of the
development, its proposed use and the relationship of adjacent properties had been considered fully
and found to be satisfactory.

The application was therefore considered to be an acceptable form of development, fully in
accordance with the relevant policy guidance and there were no material considerations which would
indicate that the development should be refused.

Approved on condition that; (i) the development shall only be carried out using finishing materials of
which samples have been submitted to and approved by the Local Planning Authority prior to
commencement of the development; (ii) the operation of the proposed car wash shall be closed
between 8pm and 8am Monday to Saturday and 6pm to 10am Sundays; (iii) an assessment of noise
likely to be generated from the use of the proposed car wash shall be made in accordance with
BS4142 and shall be submitted to and approved in writing by the local planning authority before the
development commences. Any measures identified in the assessment to protect residents from noise
shall be implemented before the use of the development commences; (iv) a landscaping scheme
setting out details of both hard and soft landscape works have been submitted to and approved in
writing by the local planning authority and these works shall be carried out as approved, before the
use of the building commences. These details shall include proposed finished levels or contours,
means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas,
hard surfacing materials, minor artefacts and structures (e.g.; furniture, play equipment, refuse or
other storage units, signs, lighting etc.), proposed and existing functional services above and below
ground (e.g.; drainage power, communications cables, pipelines etc. indicating lines, manholes,
supports etc.), retained historic landscape features and proposals for restoration, where relevant; (v)
soft landscape works shall include planting plans; written specifications (including cultivation and other
operations associated with plant and grass establishment); schedules of plants, noting species, plant
sizes and proposed numbers, densities where appropriate; implementation programme; (vi) all hard
and soft landscape works shall be carried out in accordance with the approved details. The works
shall be carried out prior to the occupation of any part of the development or in accordance with a
programme agreed with the Local Planning Authority; (vii) a schedule of landscape maintenance for a
minimum period of 5 years shall be submitted to and approved in writing by the local planning
authority before the use of the building commences. The schedules shall include details of the
arrangements for its implementation. Maintenance shall be carried out in accordance with the
approved schedule (Reasons as detailed in the report).




                                                11
     Planning & Development Committee                                                        12 May 2006

M/FP/0621/06/P – Erection of 1 no. detached dwelling house with 1 no. single detached garage
on land at 8 High Gill Road, Nunthorpe for Mr and Mrs King.

Details of the plan status and planning history were outlined in the report.

Full details of the proposal were included in the report.

Neighbourhood consultations have taken place and an objection received from the occupier at 15
High Gill Road who commented that the lamp column outside the site should be retained in its current
position and that the roof height of the proposed dwelling should not be higher than the existing
dwellings on either side of it.

A detailed analysis of the application was also included in the report.

Reasons for Recommendation

This application was satisfactory in that the design of the proposed development accorded with the
principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements
(Policy E1 and HO8 of the Council's Local Plan).

In particular the dwelling house was designed so that its appearance would not have a detrimental
impact on the amenity of any adjoining or nearby resident. The dwelling house would not prejudice
the appearance of the are and did not significantly affect any landscaping or prevent adequate and
safe access to the dwelling.

The application was therefore considered to be an acceptable form of development, fully in
accordance with the relevant policy guidance and there were no material considerations which would
indicate that the development should be refused.

Approved on condition that; (i) the development shall only be carried out using finishing materials of
which samples have been submitted to and approved by the Local Planning Authority prior to
commencement of the development; (ii) no development shall be commenced until a scheme detailing
proposals for the storage and disposal of builders materials, fuel and waste arising from the proposed
construction work had been submitted to and approved in writing by the local planning authority and
no storage and materials, fuels, or waste shall take place during construction other than in
accordance with the details of the approved scheme. (iii) no development or operation shall
commence on site until a scheme (herein called the approved protection scheme), which provides for
the retention and protection of trees on or adjacent to the site, including any trees that were subject to
a tree preservation order currently in force, has been submitted to and approved in writing by the local
planning authority. No development or operations shall take place except in complete accordance
with the approved protection scheme. No operations shall commence on site in connection with the
development hereby approved (including any tree felling, pruning, demolition works, soil moving,
temporary access construction and/or widening operation involving the use of motorised vehicles or
construction machinery) until the protection works required by the approved protection schemes are in
place. No excavations for services, storage and materials or machinery, parking of vehicles, deposit
or excavation of soil or other, lighting of fires or disposal of liquids shall take place within any area
designated and being fenced off or otherwise protected in an approved protection scheme. Protective
fencing shall be retained intact for the full duration of the development hereby approved and shall not
be removed or repositioned without prior written approval of the local planning authority; (iv) prior to
the commencement of the development, details of the means of enclosure shall be submitted to and
approved in writing by the local planning authority and shall thereafter be implemented in accordance
with the approved details prior to the occupation of the dwelling; (v) no development shall take place
on the site until a programme/scheme for replacement planting identifying species, size and location
of replacement trees and maintenance plan for the trees on the site have been submitted to and
approved in writing by the local planning authority. Prior to the occupation of the dwelling hereby
approved or in accordance with the timescale to be agreed in writing within the local planning
authority, the replacement planting shall be carried out in full accordance with the approved scheme.
If any replacement trees are removed, up rooted, damaged or die during a period of 5 years from
planting, another tree shall be planted at the same time and that tree shall be of such a size and
species and shall be planted at such a time as maybe specified in writing by the local planning
authority. (Reasons as detailed in the report).



                                                12
     Planning & Development Committee                                                         12 May 2006


M/FP/0633/06/P – Demolition of existing kitchen extension, erection of a single storey
extension to rear with attached garage to rear/side at 24 Bailey Grove, North Ormesby for Mr D
R Sadler.

Details of the plan status and planning history were outlined in the report.

Full details of the proposal were included in the report, as was a detailed analysis of the application.

Reasons for Recommendation

This application was satisfactory in that the design of the proposed extensions accorded with the
principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements
(Policy E1 and HO14 of the Council's Local Plan).

In particular the extension was designed so that its appearance was complimentary to the existing
dwelling house and so that it would not have a detrimental impact on the amenity of any adjoining or
nearby residents. The extension would not prejudice the appearance of the area and did not
significantly affect any landscaping nor prevent adequate and safe access to the dwelling.

The application was therefore considered to be an acceptable form of development, fully in
accordance with the relevant policy guidance and there were no material considerations which would
indicate that the development should be refused.

Approved on condition that (i) the development shall only be carried out using finishing materials of
which samples have been submitted to and approved by the Local Planning Authority prior to
commencement of the development; (ii) the development hereby approved shall be carried out in
complete accordance with the plans and specifications received on 8 May 2006 and shall relate to no
other plans. (Reasons as detailed in the report).

M/FP/0657/06/P – Removal of agricultural occupancy condition attached to permission for
replacement farm house (M/FP/1254/05/P) at Stainsby Hill Farm, Thornaby, for Mr C Pearson.

Details of the plan status and planning history were outlined in the report.

Members were reminded that a meeting of 15 July 2005 that permission was given to planning
application M/FP/1254/05/P for demolition of an existing farmhouse and the erection of new detached
three-storey farmhouse and detached double garage, in respect of what was formerly a farm cottage
at Stainsby Hill Farm.

Approval was made subject to Condition no. 2 – Agricultural Occupancy condition in that the
occupation of the dwelling shall be limited to a person solely or mainly working in the locality in
agriculture or in forestry or a widow or widower of such a person, and to any resident dependants.
The application before members at this meeting sought to have this condition removed.

A detailed analysis of the application was included in the report.

Reasons for Recommendation

This application was satisfactory in that the design of the proposed development accorded with the
principles of National Planning Policy (Planning Policy Statement 1) and local policy requirements
(Policy E1, E2 and H22 of the Council's Local Plan).

In particular the condition was unreasonable as neither of the original dwelling houses had occupancy
conditions applied to them and the dwelling house approved on application M/FP/1254/05/P was a
replacement for an existing dwelling house rather than a new dwelling house.

The application was therefore considered to be an acceptable form of development, fully in
accordance with the relevant policy guidance and there were no material considerations which would
indicate that the development should be refused.




                                               13
     Planning & Development Committee                                                    12 May 2006

Approved.

PLANNING APPEALS

The Members‟ Office Manager presented a report to advise Members of the findings of the
Inspectorate appointed by the Secretary of State for Environment, Transport and the Regions with
regard to the following appeals: -

Site at Acklam Road - Street works (M/24/2274/04/P) – Appeal dismissed.

ORDERED that the report and its contents be noted.
                                                                                 NOTED


DELEGATED AUTHORITY – PLANNING APPLICATIONS

The Head of Planning and Regeneration Programme submitted details of planning applications which
had been approved to date in accordance with the delegated authority granted to him at Minute 187
(29 September 1992).

                                                                                 NOTED

DATES OF FUTURE MEETINGS – 2006/2007

The Members‟ Office Manager presented a report, the purpose of which was to advise members of
the proposed dates of the meetings of the Planning and Development Committee as scheduled for the
Municipal Year 2006/2007.

It was noted however, that the last date included in the report, 11 May 2007, would have to be
deleted, due to the fact that the local elections were scheduled to take place on 3 May 2007. As a
result, there would be insufficient time between the local election and the proposed date of this
meeting for the political group meetings to take place and for the allocation of members to particular
committees and for these allocations to be given full Council approval. Therefore the meeting date of
11 May 2007 was to be deleted from the report.

ORDERED that the report and its contents be noted and that the meeting scheduled for 11 May 2007
be deleted.

                                                                                 NOTED




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Planning & Development Committee        12 May 2006




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