Public Document Pack LEGAL & DEMOCRATIC SERVICES Linda Fisher Service Director COMMITTEE SERVICES SECTION PO Box 15, Town Hall, Rochdale OL16 1AB Telephone: Rochdale (01706) 647474 Fax: Rochdale (01706) 924705 www.rochdale.gov.uk To: All Members of Pennines Your Ref: Township Planning Sub Committee Our Ref: Enquiries to: Michael Garraway Extension: 4716 Date: 6th February 2012 Dear Councillor PENNINES TOWNSHIP PLANNING SUB COMMITTEE You are requested to attend the meeting of Pennines Township Planning Sub Committee to be held in No 1 Committee Room - Rochdale Town Hall on Wednesday, 15 February 2012 commencing at 6.15 pm. The agenda and supporting papers are attached. VIEWING AGENDA: Wednesday 15 February 2012 4.00pm – Rakewood Upper Mill, Rakewood Road– meet on site. If you require advice on any agenda item involving a possible Declaration of Interest which could affect your right to speak and/or vote, please contact staff in the Committee Services Section at least 24 hours in advance of the meeting. Yours faithfully Linda Fisher Service Director Pennines Township Planning Sub Committee Membership 2011/12 Councillor Jean Ashworth Councillor Robert Clegg Councillor Irene Davidson Councillor Ashley Dearnley Councillor Peter Ernest Evans Councillor Aftab Hussain Councillor Andy Kelly Councillor Ann Stott JP 1 ROCHDALE METROPOLITAN BOROUGH COUNCIL PENNINES TOWNSHIP PLANNING SUB COMMITTEE Wednesday, 15 February 2012 at 6.15 pm No 1 Committee Room - Rochdale Town Hall A G E N D A Apologies for Absence 1. Declaration of Interests Members are requested to indicate at this stage, any items on the agenda in which they intend to declare an interest. Members are reminded that, in accordance with the Local Government Act 2000 and the Council’s Code of Conduct, they must declare the nature of any personal or prejudicial interest and, if the interest is prejudicial, withdraw from the meeting during consideration of the item. 2. Planning Applications 3. Proposal to fell one Horsechestnut tree within the grounds of 20 Timbercliffe, Littleborough (within Rock Conservation Area) 2 Agenda Item 2 ITEM FOR DECISION HEAD OF PLANNING AND REGULATION SERVICES PENNINES TOWNSHIP PLANNING SUB COMMITTEE 15 FEBRUARY 2012 SUBMITTED PLANNING APPLICATIONS ____________________________________________________________________________ Applications submitted for planning or related consents and presented for consideration of Pennines Township Planning Sub-Committee. WARDS AFFECTED: As indicated for individual applications. 1. Purpose of Report 1.1 To inform Committee of submitted planning applications and to recommend action. 2. Recommendation 2.1 See recommendations for individual planning applications. 3. Background Papers and Contact Officer 3.1 The background papers relevant to the planning applications to be considered on this are as follows:- 1. The Planning application file and its contents which are listed below: i) The planning application form, scaled drawings/plans and relevant statutory certificates. ii) Letters of response from statutory and other consultees, as indicated on the front of the file. iii) Letters and documents from interested parties. iv) Notes of telephone conversations, meetings and information received which are relevant. 2. For any previous planning application referred to in the agenda report or in the application file, the planning application forms and plans of the proposal and the decision to those applications. 3. Such other papers (if any) after the individual reports on planning applications contained within the lists. 3.2 For further information about this report, or if you wish to see any background papers, please contact: Sharon Hill, Senior Business Support Officer, in Planning and Page 1 Regulation Services, Floor 1 Telegraph House, Baillie Street, Rochdale, OL16 1JH. Telephone (01706) 924305 4. Statutory Development Plan 4.1 All planning applications referred to in this report have been assessed against the relevant policies and proposals of the Rochdale Unitary Development Plan (adopted June 2006) and any Supplementary Planning Documents or Guidance which has been adopted by the Council. 5. Reports - see reports on individual applications. Please note that the locations plans included at the end of each report are for information only and are not to scale. 6. Equal Opportunities Implications 6.1 The Town and Country Planning Act 1990 (as amended) requires Local Planning Authorities to consider planning applications on their individual merits having regard to the development plan and other material considerations. 6.2 The Equality Act protects people from discrimination on the basis of certain characteristics which are known as protected characteristics. Under the public sector equality duty the Council is required to consider the effects of its decisions on different groups protected from discrimination, including a duty to make reasonable adjustments. In taking account of all material planning considerations, including Council policy as set out in the Unitary Development Plan, the Service Director Planning and Regulation has concluded all opportunities to promote equality through the planning process have been taken, or where adjustments cannot be made these are justified on the basis of the planning merits of the development proposal. 6.3 The Access Working Group is consulted on planning applications with the attendance of planning officers at the Group’s weekly meetings. Consideration is given in designing access when dealing with the planning applications. Where applicable, any issues relating to these matters or other equal opportunity matters will be referred to in individual planning application reports. 7. Human Rights Act 1998 considerations 7.1 These applications need to be considered against the provisions of the Human Rights Act 1998. Under Article 6, the applications (and those third parties, including local residents, who have made representations) have the right to a fair hearing and to this end the Committee must give full consideration to their comments. Article 8 and Protocol 1 Article 1 confer(s) a right of respect for a person’s home, other land and business assets. In taking account of all material considerations, including Council policy as set out in the Unitary Development Plan, the Service Director Planning and Regulation has concluded that some rights conferred by these Articles on the applicant(s)/objectors/residents and other occupiers and owners of nearby land that might be affected may be interfered with but that that interference is in accordance with the law and justified by being in the public interest and on the basis of the planning merits of the development proposal. He believes that any restriction on these rights posed by approval of the application is proportionate to the wider benefits of approval and that such a decision falls within the margin of discretion afforded to the Council under the Town and Country Planning Acts. Page 2 Application Number Application Type Ward 11/D54253 Full Planning Application Littleborough Lakeside CHANGE OF USE TO FORM A RENEWABLE ENERGY CENTRE, TO INCLUDE ROOF MOUNTED SOLAR PANELS AND THE ERECTION OF ONE 100KW, 30 METER HIGH WIND TURBINE, ON LAND TO THE EAST OF THE MILL RAKEWOOD MILL, RAKEWOOD ROAD, LITTLEBOROUGH, OL15 0AP For:- J CLEGG & BROS (R) LTD Received 23-Mar-2011 RECOMMENDATION Grant Permission subject to conditions Condition(s): 1. The development must be begun not later than the expiration of three years beginning with the date of this permission. Reason: To comply with the requirements of section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2. This permission relates to the following plans:- Site edged red location plan Drawing Number 1006225 Revision D Drawing Number 1001441 Revision D and the development shall not be carried out other than in complete accordance with these drawings hereby approved. Reason: For the avoidance of any doubt and to ensure a satisfactory standard of development in accordance with policies of the Rochdale Unitary Development Plan as listed below on this decision notice. 3. The planning permission for the wind turbine is for a period not exceeding 25 years from the date that it is first connected to the electricity grid. The dates of (a) first connection to the grid and (b) of the full operation of the turbine shall be notified in writing to the Local Planning Authority within 28 days of each of these 2 events occurring. At the end of the 25 year period the turbine shall be decommissioned and removed and the site restored in accordance with a scheme which has first been agreed in writing by the Local Planning Authority. Reason. In the interests of the visual amenity of the area pursuant to Unitary Development Plan Policies G/D/2, BE/2, BE/17 and EM/14. 4. The operation of the turbine shall take place in accordance with the approved shadow flicker mitigation protocol unless the Local Planning Authority has first agreed to any variation in writing. Reason. To protect the amenities of the residents of the adjacent dwellings, pursuant to Unitary Development Plan Policies BE/2 and EM/14. Page 3 5. If the wind turbine hereby approved does not operate for a continuous six month period it shall be decommissioned and removed from the site and the site restored in accordance with a scheme which has first been agreed in writing by the Local Planning Authority, unless the Local Authority agree to any extension of this time period in writing