Minutes of the Planning Committee

6th July 2005 at 5.00 pm at the Council House, Oldbury

Present: Councillor Dr Jaron (Chair); Councillor B Price (Vice-Chair); Councillors Blyth, Crompton, Dr Crumpton, Giles, Harris, R.L. Horton, Mrs Khatun, Rouf, Rowley, M.G. Smith, Tagger, Ward and Zaheer.

Observers: Councillors Edwards, Hussain, Macklin and S.L. Smith.

61/05 Minutes

Resolved that the minutes of the meeting held on 8th June 2005 be approved as a correct record.

62/05 Declaration of Interests

Councillor Application Interest

M G Smith DC/05/44334 (Residential Personal development for 13 dwellings and associated garages. 48 - 60 Newton Road, Great Barr, .)

Giles DC/05/44441 (Change of use Prejudicial from nursing home to non- residential education and training centre for 14-19 year olds.)

Planning Committee – 6th July 2005

Matters Delegated to the Committee

63/05 Additional Information Received in Connection with the Applications to be Determined

The under-mentioned additional information/documents were submitted at the meeting for consideration with the applications as follows:-

(a) DC/05/43995 – Amended plans received but unsatisfactory. Therefore no change to recommendation.

(b) DC/05/44334 – Letter of objection from Tom Watson MP; petition objecting to the application and additional plans indicating elevations to Blocks 1 and 2, sections through the site to Waddington Avenue, plus 2 drawings showing the relationship between with the 2 adjacent approved proposed bungalows at rear of 62-64.

Further condition added to recommendation:-

‘Open space to be provided in accordance with Council Policy (OS8, H7 and DC9).’

(c) DC/05/44382 – Amended plan. The Head of Highways requests a further amendment to the turning head, consequently, approval of the recommendation is subject to the receipt of satisfactory amended plans.

(d) DC/05/44441 – The Head of Highways has no objection. A further report was received from the Pupil Referral and Exclusion Service.

(e) DC/05/44503 – Application withdrawn.

(f) DC/05/44504 – Application withdrawn.

(g) DC/05/44522 - E-mail received from 61 confirming earlier objection. Planning Committee – 6th July 2005

(i) DC/05/44534 – The objector at 32 Taylors Lane sent in details of the covenants. Satisfactory amended plans and consequent amendment to recommendation.

(h) DC/05/44546 – Satisfactory amended plan and consequent amendment to recommendation.

(i) DC/05/44568 – Letter of objection from 37 Chudleigh Grove.

(j) DC/05/44584 – Satisfactory amended plans and consequent amendment to recommendation.

(k) DC/05/44655 – The Head of Highways objects on safety grounds. Recommendation changed to defer for further discussions.

(m) DC/05/43784 – Letter from John Spellar MP expressing concerns.

(n) DC/05/44564 – Plan showing the existing shared driveway, adjacent to the fence and letter from the applicant confirming that that the conditions recommended are acceptable.

(o) DC/05/44451 – The Head of Highways has no objections, recommendation consequently amended.

64/05 Applications Deferred to be Determined at a Future Meeting

Resolved:-

(1) that consideration of application DC/05/44655 (Proposed amendment to a planning condition (Application No. DC/04/42656 – refers) to enable access from the A41 Birmingham Road onto the southern and northern sites.) be deferred to enable consideration to be given to the use in light of redevelopment proposals in the area;

(2) that consideration of application DC/05/43784 (Retention of use as education centre/welfare centre/mosque 86 to 93 (Rear of) Shireland Road Smethwick) be deferred to for further information.

Planning Committee – 6th July 2005

65/05 Applications Deferred Pending a Site Visit by Members of the Committee and Ward Representatives

Resolved that consideration of application DC/05/44209 (Removal of condition 3 from Application DC/02/39792 relating to items recycled at the site within the building. Consent required to include all domestic and commercial electrical/electronic components and equipment. Overton Recycling Ltd Unit, B1 Cradley Business Park, Overend Road, Cradley Heath) be deferred pending a site visit by members of the Committee and ward representatives.

66/05 Applications Determined Contrary to or with Variation to Officer Recommendations

DC/05/44496 (Proposed double detached garage at front of house, (resubmission of refused application DC/05/44118. 9 Brookfields Road Oldbury.) - The Director of Planning and Transportation recommended that the application be refused on the grounds that the garage would appear as an unduly prominent feature when viewed from Brookfields Road and Keanscott Drive by reason of its size and elevated position close to the highway. However members of the Committee were minded to approve the application, subject to the following conditions:-

(a) suitable landscaping of the site; (b) approval of external materials; (c) the window in the western elevation being obscured glazed.

DC/05/44334 (Residential development for 13 dwellings and associated garages, 48 - 60 Newton Road Great Barr Birmingham) - The Director of Planning and Transport had recommended reserved matters approval in respect of the siting, design and external appearance subject to the removal of permitted development rights, external materials and site and plot boundary treatment as well as provision of open space in accordance with Council Policy (OS8, H7 DC9). The Committee was however minded to refuse the application on the grounds of unacceptable loss of protected trees, it would detract from the character and appearance of the area in that the proposed houses would be significantly higher than surrounding dwellings and it would detract Planning Committee – 6th July 2005 from the amenities of neighbouring properties by reason of loss of light, outlook and privacy.

DC/05/44441 (Change of use from nursing home to non residential education and training centre for 14-19 year olds. 68 West Park Road Smethwick) - The Director of Planning and Transportation had recommended approval subject to the use being restricted to non- residential/training centre, non residential other than the caretaker’s accommodation, the hours of use being 9am to 6pm and the rear car park being retained. The Committee was of the view however the proposal would be detrimental to amenities of neighbouring residents by way of increased comings and goings and general disturbance and was therefore minded to refuse the application.

Resolved:-

(1) that application DC/05/44496 (Proposed double detached garage at front of house, (resubmission of refused application DC/05/44118. 9 Brookfields Road Oldbury.) be approved subject to the following conditions:-

(a) suitable landscaping of the site; (b) approval of external materials; (c) the window in the western elevation being obscured glazed.

(2) that application DC/05/44334 (Residential development for 13 dwellings and associated garages, 48 - 60 Newton Road Great Barr Birmingham) be refused on the grounds of unacceptable loss of protected trees, it would detract from the character and appearance of the area in that the proposed houses would be significantly higher than surrounding dwellings and it would detract from the amenities of neighbouring properties by reason of loss of light, outlook and privacy;

(4) that application DC/05/44441 (Change of use from nursing home to non residential education and training centre for 14-19 year olds. 68 West Park Road Smethwick) be refused on the grounds that the proposal would be detrimental to amenities of neighbouring residents by way of increased comings and goings and general disturbance.

Planning Committee – 6th July 2005

67/05 Applications Determined in Accordance with Officer Recommendations and Updates Provided at the Meeting

Resolved that, having considered the officers’ reports and any subsequent information tabled at the meeting, the applications listed in the Appendix be dealt with under the Town and Country Planning Act 1990, in accordance with the decisions set out in the third column.

68/05 Applications Determined Under Delegated Powers by the Director of Planning and Development Services

The Committee received a report for information on applications determined by the Director of Planning and Transportation under delegated powers.

69/05 Appeals

The Committee was informed that the Planning Inspectorate had made decisions on appeals made under the Town and Country Planning Act 1990 (Section 78) as follows:-

Planning Application Decision

DC/04/43073 (Single storey extension to form a Dismissed multi-purpose hall and toilets. Rear of Dartmouth Street, )

DC/04/43715 (Singe-storey extension at rear Dismissed and a front porch. 67 Woden Road South, Wednesbury).

DC/04/42933 (Extension to bungalow. 64 Dismissed Reservoir Passge, Wednesbury.)

DC/04/43154 (New dwelling to side of existing Dismissed house. 103 Pottery Road, Oldbury.)

Planning Committee – 6th July 2005

DC/04//43249 (Single storey extension to form Dismissed kitchen and shower room. 121 Clifford Road, West Bromwich.)

DC/04/43092 (Outline consent for a single Dismissed dwelling. Rear of 127 Oak Road, West Bromwich.)

DC/04/43660 (Demolition of existing flats and Dismissed proposed replacement 10 flats. Land between 31 – 37 Tudor Court, Tipton.)

DC/04/43160 (Residential development. Land Dismissed adjoining the Cottage Spring, Alexandra Road, Tipton.)

DC/04/43361 (Single storey rear extension. 14 Allowed St Michael’s Crescent, Oldbury.)

(Pursuant to Minute No. 50/98 of the former Policy and Corporate Strategy Committee, a note was taken, to be kept on file by the Head of Legal and Democratic Services, of those Members who had been lobbied on planning applications).

(In accordance with the Protocol adopted under Minute No. 15/00, instances where members left the meeting during the consideration of applications are as set out in the third column of the Appendix).

(The meeting ended at 6.54 pm)

Contact Officer: Stephnie Hancock Democratic Services Unit 0121 569 3189

Planning Committee – 6th July 2005

Appendix Planning Committee

6th July 2005

Applications dealt with under the Town and Country Planning Act 1990, in accordance with the decisions as set out in the third column.

The applications are listed in the order in which they were dealt with at the meeting.

Application Premises, Application and Applicant Decision No. DC/05/44503 Approval of reserved matters relating to Withdrawn. outline approval for the construction of a new dwelling house. Land Adjacent To The Old St Margaret's Vicarage Chapel Lane Great Barr Birmingham Mr H S Sunner DC/05/44504 Approval of reserved matters relating to Withdrawn. outline approval for the construction of a new dwelling house. Land Adjacent To The Old St Margaret's Vicarage Chapel Lane Great Barr Birmingham West Midlands Mr I Sidhu DC/05/44655 Proposed amendment to a planning condition Deferred. [See (App. No. DC/04/42656 - refers) to enable Minute No. 64/05 access from the A41 Birmingham Road onto (1)] the southern and northern sites. Former Thomas Telford Centre Halfords Lane West Bromwich West Midlands Sandwell City Academy Trust DC/05/43784 Retention of use as education centre/welfare Deferred. [See centre/mosque. Minute No. 64/05 86 To 93 (Rear Of) Shireland Road (2)] Smethwick Mr Zamir Hussain Planning Committee – 6th July 2005

DC/05/44496 Proposed double detached garage at front Approved with of house, (resubmission of refused conditions [See application DC/05/44118). Minute No. 66/05 9 Brookfields Road Oldbury West Midlands (1).] B68 9QT Mr Jinder Singh DC/05/43995 Demolition of existing works and erection of Approved with 23 residential units. conditions. Smith Edge Tools 22 Roway Lane Oldbury West Midlands B69 3EG Smith Edge Tools DC/05/44209 Removal of condition 3 from Application Deferred for a DC/02/39792 which relates to items Committee site recycled at the site within the building. visit. [(See Minute Consent required to include all domestic No.65/05] and commercial electrical/electronic components and equipment. Overton Recycling Ltd Unit B1 Cradley Business Park Overend Road Cradley Heath Overton Recycling Limited DC/05/44334 Residential development for 13 dwellings Refused. [See and associated garages. Minute No. 66/05 48 - 60 Newton Road Great Barr (2).] Birmingham West Midlands B43 6BW Vastglobe Ltd Councillor M G Smith left the meeting during consideration of this item, took no part in the discussion and did not vote. DC/05/44382 Demolition of numbers 42a and 44 Sundial Approved with Lane and new residential development of conditions. 12 new dwellings. Land To The Rear Of 42A To 44 Sundial Lane And 1 To 3 Morjon Drive Great Barr Birmingham West Midlands AMR Developments DC/05/44441 Change of use from nursing home to non Refused. [See residential education and training centre for Minute no 66/05 14-19 year olds. (3).] 68 West Park Road Smethwick West Midlands B67 7JH A & J Property Services Planning Committee – 6th July 2005

DC/05/44454 Loft conversion and alterations to the roof. Refused. 64 Sundial Lane Great Barr Birmingham West Midlands B43 6PE Councillor Rowley left Mr And Mrs McManus the meeting during consideration of this item, took no part in the discussion and did not vote. DC/05/44473 Two storey rear extension, first floor side Approved with extension including internal alterations. conditions. 3 Coles Lane Hateley Heath West Bromwich West Midlands B71 2QA Mr Carl Dudley DC/05/44522 Proposed single storey pitched roofed Approved with garage to side. conditions 2 Monmouth Road Smethwick West Midlands B67 5EE Cllr Zaheer left the Mr S Sandhu meeting during consideration of this item, took no part in the discussion and did not vote. DC/05/44534 Proposed double garage to side & single Approved with storey kitchen/bathroom extension to rear. conditions. 111 The Uplands Smethwick West Midlands B67 6BJ Cllr Dr Crumpton left Mr & Mrs Bopal the meeting during consideration of this item, took no part in the discussion and did not vote.

Cllrs M.G. Smith, Rowley and Zaheer returned to the meeting during consideration of this application, took no part in the discussion and did not vote. Planning Committee – 6th July 2005

DC/05/44546 Proposed two storey side extension with Approved with dormer windows to rear, and conversion of conditions. rear garage to garden room. 32 Greenacre Road Gospel Oak Tipton West Midlands DY4 0AR Mr & Mrs R James DC/05/44552 Ground floor and first floor side rear and Approved with front extension. conditions. 172 Newton Road Great Barr Birmingham West Midlands B43 6BU Baibir Singh DC/05/44568 Forward extension, first floor extension and Approved with rear extension. conditions. 35 Chudleigh Grove Great Barr Birmingham West Midlands B43 5HJ Mrs R Kaur DC/05/44587 Demolish existing side garage and w.c. Approved with Erect 2 storey side extension and rear conditions. conservatory extension. 4 Woodgreen Road Oldbury West Midlands B68 0DA Mr And Mrs P Rakhra DC/05/44564 Retention of new fencing. Approved with 21 Strawberry Close Tividale Oldbury West conditions Midlands B69 1NU M C Wagstaff DC/05/44566 Two storey and single storey extensions. Approved with 137 Castle Road West Oldbury West conditions. Midlands B68 0EL Mr T Singh DC/05/44584 Conservatory. Approved. 38 Darby Road Wednesbury West Midlands WS10 0PN Mr And Mrs Osmond DC/05/44590 Two storey side and single storey rear Approved with extension. conditions. 131 Lane West Bromwich West Midlands B70 7HR M Hussain Planning Committee – 6th July 2005

DC/05/44634 Ground floor kitchen and lounge extension. Approved with First floor bathroom extension and loft conditions. conversion. 192A Castle Road West Oldbury West Midlands B68 0EJ Mr And Mrs Brown DC/05/5189A Double sided static advertising panel on Approved existing bus shelter. Opposite 78/80 St Marks Road Princes End Tipton West Midlands Adshel DC/05/44478 Retention of timber shed. Approved with 12 Berry Drive Smethwick West Midlands conditions. B66 1RA G Nandhra DC/05/44495 Retrospective application to erect boundary Approved fence at the rear. (Retrospective) 122 Spouthouse Lane Great Barr Birmingham West Midlands B43 5QA Focus Housing DC/05/44451 Retention of use in units 1, 3,4 & 5, as Approved with trade cash and carry warehouse, with conditions. ancillary open storage. Units 1,3,4 & 5 Empire Trading Estate New Street Smethwick West Midlands B66 2AJ Empire Star Ltd