Planning and Development Committee

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Planning and Development Committee

Planning and Development Committee 23 July 2010

PLANNING AND DEVELOPMENT COMMITTEE

A meeting of the Planning and Development Committee was held on 23 July 2010.

PRESENT: Councillor McPartland (Chair), Councillor Brunton (Vice Chair), Councillors Clark, Cox, J Hobson, Junier, Khan (as substitute for Councillor Bloundele), Mawston (as substitute for Councillor Davison), McIntyre and Purvis.

OFFICERS: V Flynn, A Hughes, B Roberts, E Vickers and P Wilson

**ALSO IN ATTENDANCE: Councillors Biswas, Elder, Lowes and Mrs H Pearson, OBE.

**APOLOGIES FOR ABSENCE were submitted on behalf of Councillors Bloundele and Davison

**DECLARATION OF INTEREST :

Name of Councillor Type Of Declaration Item of Interest Reason of interest

Councillor Khan Personal and Prejudicial M/FP/0644/10/P Known to applicant

**MINUTES

The Minutes of the meeting of the Planning and Development Committee held on 2 July 2010 were taken as read and approved as a true record. NOTED

PLANS

The Head of Development 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: -

M/FP/0644/10/P – Change of use from (a1) retail shop to hot food takeaway (a5) at 269 Acklam Road for Mrs F Jasmine.

The Head of Development advised that this application had been identified as requiring a site visit by members of the Planning and Development Committee. Accordingly, a site visit was held prior to the meeting.

Details of the plan status and planning history were outlined in the report. Full details of the proposal were also included in the report.

Neighbourhood consultations have taken place and the Council had received 15 individual written objections to the application. The grounds for objection included; too many takeaways in the area already, loss of newsagent, litter, noise and disturbance, effect of vitality of shopping centre, anti-social behaviour, accumulation of food waste to rear of premises, blocked drains and smells. A 31-signature petition had also been submitted, objecting to this application. The Ward Councillors, Councillor Pearson and Councillor Whatley, both objected to the application, as did the Lodore Residents Association. The full details of all these objections were included in the report. Comments were also received from Environmental Protection and Street Scene - Refuse.

A detailed analysis of the application was also included in the report. Particular reference was made to Policies DC1 and CS13 and REG28 of the Middlesbrough Local Development Framework.

The applicant was present and elected to address the committee. Councillors Biswas, Lowes and Mrs H Pearson, OBE, were also present and all three spoke in opposition to this application from the aspect of both Acklam and Kader Wards.

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Refused on the grounds that the proposed use was considered unacceptable in the Acklam Road/Mandale Road local centre. It would introduce a further non-retail use within the shopping frontage and, when considered with reference to the existing levels of hot food shops/non-shop uses, would further undermine the viability and vitality of the group. It would be to the detriment of the character and function of the area and thus be in conflict with Policy CS13 (test c – vitality/viability) and policy REG29 (test d – vitality/viability) of the Middlesbrough Development Plan.

M/FP/0561/10/P – Erection of 2½ storey 60-bed residential care home with associated parking and service road on land between 16 and 18 Cambridge Road, Linthorpe for Galloway Timbers Limited.

The Head of Development advised that this application had been identified as requiring a site visit by members of the Planning and Development Committee. Accordingly, a site visit was held prior to the meeting.

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

Members were reminded that a previous application in February 2010 had been refused on the grounds of over-development of the site.

Full details of the proposal were included in the report. As this was a re-submission of a similar scheme, the report included comparative information from the earlier applications, one being withdrawn in September 2009 and the second refused by committee in February 2010.

Neighbourhood consultations had taken place and the application had been advertised in the press and by notice displayed at the site, as both a Major Development and a development affecting the character of Linthorpe Conservation Area. Ward Councillors and the Community Council were also notified. Following the receipt of a supplementary tree report, neighbours would again consulted and their responses reported verbally at committee. Three letters or emails had been received raising objections to this application, from the occupiers of Nos. 16, 18 and 68 Cambridge Road. Councillor Elder, as Ward Councillor, also upheld her objections to this development. The full details of all these objections were included in the report. Comments were also received from Transportation, Community Protection, Waste Policy and Performance Manager, Designing Out Crime officer, Tees Archaeology, Northern Gas Networks and Northumbrian Water, the full details of which were also included in the report.

A detailed analysis of the application was included in the report and particular reference was made to Policies DC1, CS1, CS4, of the Middlesbrough Local Development Framework and government policies PPS5, PPG13 and PPG15. Members were advised that this application needed to be assessed against the planning policy framework set by the Local Development Framework, Core Strategy case policies. The analysis addressed the following issues in connection with this application.

 Planning Policy Framework  Impact on the Linthorpe Conservation Area  Highways and Community Protection matters  Responses to Neighbour Representations

The Head of Development addressed objections to the application from the Bishop’s house at No. 16 Cambridge, the occupants at No. 18 Cambridge Road and from Ward Councillor, Councillor Elder. Reference was also made to comments from English Heritage and the Tree Survey provided by the applicant’s agent. A response to all these objections was included in the addendum report.

In concluding the analysis, close examination had been made of the representations in response to the statutory publicity and notification exercise in this case. It also looked at both the support and objections for the previous proposals. Members were advised that the conclusion was reached as a result of a number of factors, including the reduced scale and plot coverage of the proposed building, which was reduced from 54% of the site to 32% of the site, referring to the

2 Planning and Development Committee 23 July 2010 amount of external hardstanding area. As a result, this proposal meant that the majority of the garden areas would be retained. Further details were included in the report, including an additional condition was also recommended in the addendum report.

The applicant and agent were present and the applicant elected to address the committee. Councillor Elder was also present, as Ward Councillor, and also addressed the committee in opposition to this application. There were three objectors (one with a representative) and all were allowed to address the committee.

In response to these representations, discussion took place on the car parking for this proposed development and it was agreed that, should an amendment be required to the car parking provision, that this could be approved by the Chair and the Vice Chair, outside the confines of a committee meeting.

Approved on condition that (i) the development to which this permission relates must be begun not later than the expiration of three years from the date of this permission; (ii) the development hereby approved shall be carried out in complete accordance with the original plans, specifications and supporting statement received on 21 May 2010 as amended and supplemented by letter, plans and supporting statements received on 28 June 2010 and shall relate to no other plans; (iii) the materials to be used and the construction of the external surfaces of the residential care home hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. (iv) Notwithstanding the submitted and supplementary plans, details of the following works shall be submitted to and approved in writing by the Local Planning Authority: (a) the installation of windows to the principal elevations based on the 1:20 scale drawings; (b) the construction and materials of the principle elevations based on large-scale drawings; (c) the erection of, or alterations to, the means of enclosure to all site boundaries; (d) the erection of a secure cycle store. Thereafter, the development shall not be occupied until these works have been implemented in accordance with the approved details. (v) 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 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. The 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) in this condition, retained tree means an existing tree which is to be retained in accordance with the Tree Survey Report received on 7 July 2010 and the approved plans and particulars, and paragraphs (a) and (b) below, shall have effect until the expiration of five years from the date of the occupation of the building for its permitted use. a) no retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998:1989 (Tree Work). b) if any retained tree is removed, uprooted or destroyed or dies during the period of construction, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time as may be specified in writing by the Local Planning Authority. (vii) The existing trees to be retained in accordance with the Tree Survey report received on 7 July 2010 shall be protected against compaction and damage during the construction works in accordance with a tree protection scheme to be submitted to and approved in writing by the Local Planning Authority before any equipment, machinery or materials are brought onto the site for the purposes of the development. This scheme shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the

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Local Planning Authority beforehand. Thereafter, the development shall be implemented in accordance with the approved scheme. (viii) Before the first occupation of the development, details of the construction of (a) a footpath along Cambridge Road to close off the existing access on the western side of the site that will become redundant as a result of this development, and (b) any works required to the existing vehicular access/egress to be retained on the eastern side of the site to protect the existing trees; shall be submitted to and approved in writing by the Local Planning Authority. The footpath shall be reconstructed to the adoptable standards as specified in the highway Design Guide and Specification. Thereafter, these works shall be carried out in accordance with the approved details prior to the completion of the development. (ix) The development shall not be occupied until the car parking areas indicated on the approved plans, including any disabled car parking spaces contained therein, has been hard surfaced, sealed and marked out in parking bays. Thereafter, the car parking area shall be retained in accordance with the approved scheme. The car park shall not be used at any time whatsoever, for any purpose other than the parking of vehicles which were related to the use of the development and the car park shall at all times be ancillary to the development. (x) No development shall commence until a detailed scheme for the disposal of surface water from the development incorporating sustainable drainage principles, guidance provided by the Environment Agency, and measures to prevent water from flowing onto the adjacent highway, has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with those approved details. (xi) A plan showing the location of temporary car parking to accommodate operatives and construction vehicles during the development of the site and measures to protect any existing footpaths and verges shall be submitted to and approved in writing by the Local Planning Authority and implemented on commencement of construction. Thereafter, such car parking shall be removed on completion of the works. (xii) Notwithstanding the submitted plans, before the first occupation of the building, details of a scheme for the storage and disposal or refuse shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, this scheme shall be implemented before the use hereby approved commenced. (xiii) Before any fixed plant and/or machinery, including refrigeration and air conditioning equipment, is used on the premises, it shall be enclosed with sound insulating material and mounted in a way which will minimise transmission of air borne and structure borne sound, in accordance with a scheme to be approved in writing by the Local Planning Authority. Thereafter, this scheme shall be implemented in accordance with the approved details. (xiv) No deliveries or collections shall be taken at or despatched from the site outside the following hours: 0800 to 1900 on Mondays to Saturdays; and 0930 to 1830 on Sundays. (xv) Details of any external lighting, including domestic security lights, shall be submitted to and approved in writing by the Local Planning Authority before the occupation of the development. These details shall include a plan which identified the location of the lighting along with lighting levels that would be provided at the development and at the facades of neighbouring premises. Thereafter, the installation and operation of the lighting shall be in accordance with the approve details. (xvi) The development hereby approved shall be built in accordance with ‘Secure by Design’ principles, the details of which shall be submitted as a scheme and approved in writing by the Local Planning Authority and the development shall be carried out wholly in accordance with the agreed scheme, before occupation commences. (xvii) A scheme for additional car parking provision on the site shall be submitted to and approved in writing by the local planning authority, should there be proven evidence that the car parking in the submitted plans cannot meet demand. Such additional car parking provision shall be implemented in accordance with a programme of works also to be approved in writing by the local planning authority. (Reasons as detailed in the report).

M/FP/0548/10/P – Erection of 18 no. dwellings with associated access at the former Eccles Marine Site, Longlands Road for Mandale Construction Limited

The Head of Development advised that this application had been identified as requiring a site visit by members of the Planning and Development Committee. Accordingly, a site visit was held prior to the meeting.

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

Members were advised that the previous buildings on the application site had been demolished and the site was vacant and disused. Also, there was a significant fall in levels from Longlands

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Road to the application site. The proposed development proposal was to provide 18 no. two and three bedroom semi-detached properties and further details of the layout and design were included in the report.

Neighbourhood consultations had taken place, the application had been advertised in the press and a site notice posted, and no comments were received. Comments from Transportation, Community Protection and the Environment Agency were included in the report.

A detailed analysis of the application was included in the report covering - satisfactory access and parking provision, - safeguarding the amenity of new and surrounding properties - scale and character of the surrounding area - provision of curtilage commensurate with the size of each dwelling and the character of the area - planning policy framework.

Particular reference was made to Policies CS1, CS4, CS5, CS9, CS11 and DC1 of the Middlesbrough Local Development Framework.

Reasons for Recommendation

The application was acceptable in that it was in accordance with National and Local Policy Guidance contained within Planning Policy Statement 1, Planning Policy Statement 3 and Middlesbrough Local Development Framework Core Strategy Policies CS1, CS4, CS5, CS9, CS11 and DC1.

The proposed development was of a scale, layout, design and appearance appropriate to its context and would not be materially detrimental to the character and appearance of the locality and surroundings or the amenities of adjacent occupiers. The development would integrate with the existing urban form and contribute to the overall quality and character of the area.

Issues of highways and traffic, vehicular access for the development, car parking 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 and briefly addressed the committee.

Approved on condition that: - (i) The development to which this permission relates must be begun not later than the expiration of 3 years, beginning with the date on which this permission was granted. (ii) The development hereby approved shall be carried out in complete accordance with the plans and specifications received 5 July 2010 and shall relate to no other plans. (iii) The development shall only be carried out using materials of which samples had been submitted to and approved by the Local Planning Authority, prior to commencement of the development. (iv) 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 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) If within a period of five years from the date of planting of any tree,

0153ad0c46a3e0af72d4957064321466.doc 5 Planning and Development Committee 23 July 2010 that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted in the same place, unless the Local Planning Authority gives its written consent to any variation. (viii) A plan showing the location of temporary car parking for use during construction and measures to protect any existing footpaths and verges shall be submitted to and approved in writing by the Local Planning Authority and implemented on commencement of construction. Thereafter, such car parking shall be removed on completion of the works. (ix) Notwithstanding the submitted details, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, a plan indicating the position, design, materials and type of boundary treatment to be erected. The approved boundary treatment shall be completed before the dwellings are occupied or in accordance with a timetable agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details. (x) The development hereby approved shall be built in accordance with ‘Secure by Design’ principles, the details of which shall be submitted as a scheme and approved in writing by the Local Planning Authority and the development shall be carried out wholly in accordance with the agreed scheme, before occupation commences. (xi) The pavement crossing on Saltwells Road will become redundant as a result of this development and must be reconstructed to the adoptable standards as specified in the Design Guide and Specification. (xii) A scheme for surface water drainage incorporating: (a) sustainable drainage principles and guidance provided by the Environment Agency; (b) measures to prevent water flowing onto the highway; shall be submitted to and approved in writing by the Local Planning Authority and thereafter shall be fully implemented prior to the occupation of the first dwelling. (xiii) Details of any floodlighting and security lights shall be submitted to and approved in writing by the Local Planning Authority before the use hereby permitted commences and the premised used. The details shall include a plan that identified the location of lighting along with lighting levels that would be provided at the development and at the facades of neighbouring premises. The construction and use of the lighting shall be carried out in accordance with the approved details. (xiv) A scheme for protecting the proposed development from road traffic noise will be required to ensure that noise from road traffic on the developed site shall not exceed 60dB(A) L10 (18 hours) between 6.00 a.m. and midnight, based upon a 15-year projection for gardens and any other recreational space within the curtilage of individual dwellings and to general recreation space provided for local inhabitants and that noise level within habitable rooms shall be no more than 35dB(A) L10 (18 hours) measured between 6.00 a.m. and midnight, based upon a 15-year projection. Internal noise levels must be obtainable while ventilation, including purge ventilation to habitable rooms meets the requirements of the Building Regulations 2000 (as amended). Development shall not begin until a scheme for protecting the proposed dwellings from traffic noise has been submitted to and approved by the Local Planning Authority. All works that form part of the scheme shall be completed before any of the proposed dwellings are occupied. (Reasons as detailed in the report).

M/FP/0672/10/P – Two storey extension to side, two storey and single storey extensions to rear and outbuilding

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

Full details of the proposal were also included in the report.

Neighbourhood consultations had taken place and an objection received from the occupier of No. 35 Stoneleigh Avenue on the grounds of loss of light, over development of the site and the over -bearing nature of the proposed extensions. Comments from Transportation were also included in the report.

A detailed analysis of the application was also included in the report. This analysis also considered the neighbour’s objections to the proposal.

Approved on condition that (i) the development to which this permission relates must be begun not later than the expiration of THREE years from the date of this permission; (ii) the development hereby approved shall be carried out in complete accordance with the original plans and specifications received on 11 June 2010 and shall relate to no other plans; (iii) the materials

6 Planning and Development Committee 23 July 2010 to be used and the construction of the external surfaces of the extensions hereby permitted shall match those used in the existing building. (iv) A scheme for surface water drainage, incorporating both sustainable drainage systems principles and guidance provided by the Environment Agency and measures to prevent water from flowing onto the adjacent highway, shall be submitted and approved in writing by the Local Planning Authority and thereafter to be fully implemented to the satisfaction of the Local Planning Authority.

M/FP/0692/10/P – Replacement windows and door at 56 Thornfield Road, Linthorpe for Miss Y Banaras

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

Full details of the proposal were also included in the report. Members were advised that permission was sought to replace the existing 2 no. timber framed sash bay windows with replacement windows in uPVC, which would also be sash style, including stained glass on the upper panes, to match the pattern and colours of the existing. The proportions of the windows would not be altered.

A comprehensive neighbourhood consultation had taken place and no representations were made. Comments were received, however, from the Conservation Officer. He stated that the Linthorpe Conservation Area Appraisal and Management Plan stated that ‘the council would resist the replacement of timber doors and windows which would affect the appearance of the building, where the proposal would be detrimental to the character and appearance of the building or to the wider Conservation Area’ and ‘Many of the buildings within the Conservation Area had lost their original door, windows and other features. As a result, their character has been eroded, together with that of the wider area’. Reference was made to PPS5 Planning for the Historic Environment.

Members were advised that, as the original windows had previously been replaced, and the proposed replacements were an improved to those currently in situ, the Conservation Officer did not object to this application.

An analysis of the application was included in the report.

Reasons for Recommendation This application is satisfactory in that the design of the proposed windows and door accorded with the principles of National Planning Policy (Planning Policy Statement1) and local policy requirements (Policies CS1, DC1 & CS5 of the Council's Development Plan). In particular the windows and door were designed so that their appearance was complementary to the existing dwellinghouse and so that it will not have a detrimental impact on the amenity of any adjoining or nearby resident. The windows and door would not prejudice the appearance of the area and does not significantly affect any landscaping nor prevent adequate and safe access to the dwelling. The windows and doors do not further harm the character and appearance of the conservation area. The application is therefore considered to be an acceptable form of development, fully in accordance with the relevant policy guidance and there are no material considerations which would indicate that the development should be refused

Approved on condition that (i) the development to which this permission relates must be begun not later than the expiration of THREE years from the date of this permission; (ii) the development hereby approved shall be carried out in complete accordance with the original plans and specifications received on 17 June 2010 and shall relate to no other plans. (iii) The windows must be clear glazing. Thereafter, the windows shall be retained as approved. (Reasons as detailed in the report).

M/FP/0733/10/P – Replacement windows to front of 69 Cambridge Road, Linthorpe, for Mr M Bartlett

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

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A comprehensive neighbourhood consultation had taken place and no representations were made. Comments were received, however, from the Conservation Officer. He stated that the Linthorpe Conservation Area Appraisal and Management Plan stated that ‘the council would resist the replacement of timber doors and windows which would affect the appearance of the building, where the proposal would be detrimental to the character and appearance of the building or to the wider Conservation Area’ and ‘Many of the buildings within the Conservation Area had lost their original door, windows and other features. As a result, their character has been eroded, together with that of the wider area’. Reference was made to PPS5 Planning for the Historic Environment.

The Conservation Officer commented extensively on the use of uPVC windows in a Conservation Area and concluded that the proposed windows for this application did not reflect the design of the original windows and did not make a positive contribution to the Conservation Area.

A detailed analysis of the application was also included in the report and particular reference was made to Policies CS4, CS5 and DC1 of the Local Development Framework, as well as Article 4(2) within Linthorpe Conservation Area.

Reasons for Recommendation

The application was considered to be unsatisfactory in that the proposed replacement windows to front were contrary to and conflicted with the principles of National Planning Policy (PPS 1) and the Local Development Framework policy requirements (policies CS5 (h) and DC1 (b)).

The application was considered to be an unacceptable form of development, contrary to Local and National Policy and on balance, the material considerations indicated that the development should be refused.

Refused on the grounds that the replacement windows would be a conspicuous element in the street scene, out of keeping with the design of the existing dwelling house and would be harmful to the special character of the Linthorpe Conservation Area, to the detriment of the visual amenities of surrounding residents. The proposal was wholly in conflict with Policies DC1 (test b) and CS5 (test h) as well as the principles of PPS5.

M/AMD/1456/09/P – Non material amendment to m/fp/1456/09/p for a new parapet wall and first floor window to gable end, and alterations to soil vent pipe at 91 Park Road South for Sultan Zeb

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

Members were advised that this application sought approval to an amendment to the approved plans to allow the development to be built closer to the boundary of the site. The amendment also sought to alter the side elevation by adding a parapet to the top of the elevation, the inclusion of an additional opaque glazed window and the removal of a soil vent pipe.

Whilst no formal consultation was required, there had been one objection made to this proposed amendment. A planning officer had visited the objector and delivered a copy of the amended plan. No objection has then been received.

A detailed analysis of the application was included in the report. The original application was approved under delegated powers, however the development was not being built in accordance with the approved plans. AS the building was now closer to the site boundary, concern had been expressed regarding encroachment onto the public footpath adjacent to the site. A Building Control officer had visited the site and confirmed that there was no encroachment at ground level. However, the guttering and eaves would extend over public space and the proposed soil vent on this outside wall had been moved to avoid encroachment. Reference was also made to the proposed additional opaque glazed window and the parapet.

Policies CS5 and DC1 were the relevant policies to consider in relation to this application.

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Reasons for Recommendation

This amendment to the extension is satisfactory in that the design of the amendment to the extension accords with the principles of National Planning Policy Planning Policy Statement 1) and local policy requirements (Policies CS1, DC1 & CS5 of the Council's Development Plan).

In particular the amendment to the extension is designed so that its appearance is complementary to the existing dwellinghouse and so that it will not have a detrimental impact on the amenity of any adjoining or nearby resident. The amendment to the extension will not prejudice the appearance of the area and does not significantly affect any landscaping nor prevent adequate and safe access to the dwelling.

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

Approved on condition that the development hereby approved shall be carried out in complete accordance with the plan and specifications received on 2nd July 2010 and shall relate to no other plans. (Reason: To ensure a satisfactory form of development and for the avoidance of doubt).

PLANNING APPEALS

The Director of Legal and Democratic Services 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 12 King’s Road, North Ormesby (M/FP/1395/09/P) – Appeal upheld. Site at 39 Baldoon Sands, Acklam (M/FP/0112/10/P) – Appeal upheld. Site at Stainsby Hall Farm (M/FP/1212/09/P) – Appeal upheld.

Reference was also made to the Costs Decision taken by the Inspectorate and a copy of each Decision Notice was attached to the report, for Members’ information.

ORDERED that the report and its contents be noted.

DELEGATED AUTHORITY - PLANNING APPLICATIONS

The Head of Development 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

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