DEVELOPMENT CONTROL COMMITTEE Friday, 9 January 2004 10.00 a.m. Council Chamber AGENDA and REPORTS Printed on Recycled Paper DEVELOPMENT CONTROL COMMITTEE Friday, 9 January 2004 AGENDA 1. APOLOGIES 2. MINUTES To confirm as a correct record the Minutes of the meetings held on:- (a) 12th December 2003 (b) 5th January 2004 3. TREE PRESERVATION ORDER NO 10/2003: 29 ELM ROAD AND 2 HIGHLAND GARDENS, SHILDON Report of Director of Neighbourhood Services (Pages 13 - 16) 4. DECLARATIONS OF INTEREST To notify the Chairman of any items that appear later in the agenda in which you may have an interest. 5. APPLICATIONS - BOROUGH MATTERS To consider the attached schedule of applications, which are to be determined by this Council. (Pages 17 - 40) 6. DEVELOPMENT CONTROL - ADDITIONAL APPLICATIONS To consider any applications which need to be determined as a matter of urgency. 7. DEVELOPMENT BY SEDGEFIELD BOROUGH COUNCIL To consider the attached schedule of applications for consent to develop, which are to be determined by this Council. (Pages 41 - 44) 8. CONSULTATIONS FROM DURHAM COUNTY COUNCIL To consider the attached schedule detailing an application which is to be determined by Durham County Council. The view and observations of this Council have been requested. (Pages 45 - 48) Members are reminded that the applications to be considered under Items 5,6,7 and 8 together with the plans submitted and all representations on the applications are available for reference in the relevant files in the Council Chamber, 30 minutes before the meeting or before that in the Development Control Section. 9. DELEGATED DECISIONS A schedule of applications, which have been determined by officers by virtue of their delegated powers is attached for information. (Pages 49 - 62) 10. APPEALS A schedule of appeals outstanding up to 9th January 2004 is attached for information. (Pages 63 - 64) 11. RECENT PLANNING APPEAL DECISION Report of Director of Neighbourhood Services EXEMPT INFORMATION The following item is not for publication by virtue of Paragraph 13 of Schedule 12 A of the Local Government Act 1972. As such it is envisaged that an appropriate resolution will be passed at the meeting to exclude the press and public. 12. ALLEGED BREACHES OF PLANNING CONSENT Report of Director of Neighbourhood Services 13. ANY OTHER ITEMS WHICH THE CHAIRMAN DECIDES ARE URGENT Members are respectfully requested to give the Chief Executive Officer notice of items they would wish to raise under the heading not later than 12 noon on the day preceding the meeting, in order that consultation may take place with the Chairman who will determine whether the item will be accepted. N. Vaulks Chief Executive Officer Council Offices SPENNYMOOR Councillor A. Smith (Chairman) Councillor B. Meek (Vice Chairman) and All other Members of the Council ACCESS TO INFORMATION Any person wishing to exercise the right of inspection in relation to this Agenda and associated papers should contact This page is intentionally left blank Item 2a SEDGEFIELD BOROUGH COUNCIL DEVELOPMENT CONTROL COMMITTEE Council Chamber, Council Offices, Friday, Spennymoor. 12th December 2003 Time: 10.00 a.m. Present: Councillor A. Smith (Chairman) and Councillors W.M. Blenkinsopp, D.R. Brown, J. Burton, Mrs. B.A. Clare, Mrs. K. Conroy, Mrs. J. Croft, V. Crosby, M.A. Dalton, Mrs. B. Graham, A. Gray, A.M. Gray, B. Hall, K. Henderson, J.E. Higgin, A. Hodgson, J.G. Huntington, M.T.B. Jones, G. Morgan, B.M. Ord, R.A. Patchett, Mrs. E. Paylor, J.K. Piggott, K. Thompson, T. Ward and J. Wayman, JP. Apologies: Councillors Mrs. A.M. Armstrong, B.F. Avery, JP., Mrs. A.M. Fleming, R.S. Fleming, T.F. Forrest, G.C. Gray, D.M. Hancock, Mrs. L. Hovvels, G.M.R. Howe, M. Iveson, Mrs. I. Jackson-Smith, J.M. Khan, B. Meek, J.P. Moran, D.A. Newell, K. Noble, Mrs. C. Potts, Ms. M. Predki, J. Robinson, JP., G.W. Scott, J.M. Smith, Mrs. L. Smith, Mrs. C. Sproat and W. Waters. DC.69/03 MINUTES The Minutes of the meetings held on 14th November 2003 were confirmed as a correct record and signed by the Chairman. DC.70/03 DECLARATIONS OF INTEREST Councillors Mrs. B.A, Clare and W.M. Blenkinsopp stated that they would be declaring a personal interest in item 7 – Application No. 9 – Single storey extension to rear Bewick Crescent Surgery, Newton Aycliffe, as they attended that surgery. Councillor W.M. Blenkinsopp also stated that he would be declaring a prejudicial interest in item 11 – County Decisions, as he was a Member of Durham County Council. DC.71/03 TREE PRESERVATION ORDER NO. 9/2003 : RESERVOIR HOUSE, SHILDON Consideration was given to a report of Head of Planning Services (for copy see file of Minutes) seeking confirmation of Tree Preservation Order No. 9/2003 at Reservoir House, Shildon. (For copy see file of Minutes). It was explained that the Provisional Order made on 8th July 2003 comprised seven Sycamore trees and two groups of hedgerow trees within the site. It was explained that six of the Sycamore trees were located within the garden of Reservoir House, the remaining Sycamore and the two groups of hedgerow trees were located adjacent to the southern Page 1 boundary of Northumbrian Water’s covered reservoir site. The trees formed an important feature on the approaches to Shildon from Bishop Auckland. It was explained that the Order replaced the Provisional Order made on 3rd July 1998, that Development Control Committee was also advised on the 8th September 1998, which was not confirmed by Development Control Committee within the required six month period after serving. The Order therefore re-established the protection. The Order also included those trees not previously identified on Northumbrian Water’s land as it was unclear from a Land Registry Search as to where the precise boundary lay, even though there was a post and rail fence on the ground. RESOLVED: That the Tree Preservation Order No. 9/2003 – Reservoir House, Shildon, be confirmed without modification. DC.72/03 TREE PRESERVATION ORDER NO. 10/2003 : 29 ELM ROAD AND 2 HIGHLAND GARDENS, SHILDON Consideration was given to a report of Head of Planning Services (for copy see file of Minutes) seeking confirmation of Provisional Tree Preservation Order No. 10/2003 on land at 29 Elm Road and 2 Highland Gardens, Shildon. (For copy see file of Minutes). It was explained that since the preparation of the report, a letter had been received from Shildon Elm Road WMC and Institute Limited requesting that the Tree Preservation Order be removed. In the light of this letter it was suggested that this item be deferred pending further discussions. RESOLVED: That consideration of this item be deferred pending further discussions. DC.73/03 PROGRESS REPORT ON WHITWORTH PARK Consideration was given to a report of Head of Planning Services (for copy see file of Minutes) attempting to clarify whether or not the land, subject of a planning application for the erection of 230 dwellings at Whitworth Park, was greenfield or brownfield. It was explained that Development Control Committee, on 22nd August 2003, had considered an application for the erection of 230 dwellings at Whitworth Park. The recommendation of that meeting was to grant approval to the scheme, subject to a Section 106 Legal Agreement. Referral of the application was necessary to GONE, because the application site, although considered at the time to be previously developed land or “brownfield”, formed part of a “greenfield” allocation in the Borough Local Plan. D:\moderngov\Data\AgendaItemDocs\0\8\6\AI00003680\Minutes0.doc Page2 2 In the intervening period, a great deal of discussion had taken place with GONE regarding the validity of the “brownfield” status of the site. The status of the site needed, therefore, to be re-assessed and examined. It was explained that as strict definition imposed by Annex C of PPG3, it appeared that Whitworth Park site could not be classified as previously developed land and should be regarded as greenfield land. The Committee was informed that a letter had been received from the applicant’s agents which was read out and gave details of the applicant’s intentions for progressing the application. It was explained that Chris Harrison was present at the meeting to speak on behalf of Nathaniel Lichfield and Partners – the applicant’s agents. He explained that what constituted a brownfield site was land not suitable for alternative form of use, e.g. agriculture. A series of policy tests had been undertaken to check against the criteria. It was explained that one of the tests was sustainability and that this site was one of the most suitable sites for housing in the area and was crucial for the regeneration of the town centre. Reference was made to the effect on wildlife in the area. It was explained that the site was in the south east corner, very close to the town centre, and Durham Wildlife Trust considered that there would be very little effect on wildlife. Discussion was also held on whether the change in status to the land would involve further consultation with members of the public. It was explained that there had been consultation on the initial application and that the change in status of the site did not require further consultation. RESOLVED: That the Development Control Committee formally acknowledges a change in status of Whitworth Park site, for 230 dwellings from brownfield land to greenfield land and urge GONE to conclude its deliberations on the application on that basis and the contents of the report as a matter of urgency. DC.74/03 APPLICATIONS – BOROUGH MATTERS The Committee considered a schedule for consent to develop.