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 Licensing and Your Ref: Regulatory Committee Our Ref: Enquiries to: Mark Hardman Extension: 4704 Date: 5th July 2011 Dear Councillor LICENSING AND REGULATORY COMMITTEE You are requested to attend the meeting of Licensing and Regulatory Committee to be held in Reception Room - Rochdale Town Hall on Wednesday, 13 July 2011 commencing at 6.15 pm. The agenda and supporting papers are attached. 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 Licensing and Regulatory Committee Membership 2010/11 Councillor Daalat Ali Councillor Zulfiqar Ali Councillor Surinder Biant Councillor Malcolm Boriss Councillor Martin Burke Councillor Patricia Ann Flynn Councillor Alan Michael McCarthy Councillor Ann Lynn Metcalfe Councillor Peter Rush Councillor Patricia Sullivan Councillor Carol Elizabeth Wardle 1 ROCHDALE METROPOLITAN BOROUGH COUNCIL LICENSING AND REGULATORY COMMITTEE Wednesday, 13 July 2011 at 6.15 pm Reception Room - Rochdale Town Hall A G E N D A Apologies for Absence 1. Declaration Of Interests 2. Submitted Planning Applications 3. Annual Governance Statement 2010/11 4. Statement of Accounts 2010/11 5. Review of Polling Districts and Polling Places 2 Agenda Item 2 ITEM FOR DECISION HEAD OF PLANNING AND REGULATION SERVICES REGULATORY COMMITTEE 13 JULY 2011 SUBMITTED PLANNING APPLICATIONS ___________________________________________________________________ Applications submitted for planning or related consents and presented for consideration of Rochdale 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 thefile. 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 Regulation Services, Floor 1 Telegraph House, Baillie Street, Rochdale, OL16 1JH. Telephone (01706) 924305. Page 1 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/D54138 Reserved Matters Hopwood Hall Application APPLICATION FOR APPROVAL OF RESERVED MATTERS PURSUANT TO OUTLINE APPLICATION D52030 FOR THE APPEARANCE, LANDSCAPING, LAYOUT AND SCALE OF A COLD STORE AND DISTRIBUTION FACILITY HARESHILL BUSINESS PARK, HILL TOP ROAD, HEYWOOD For:- THE YEARSLEY GROUP Received 17-Feb-2011 RECOMMENDATION It is recommended that Committee resolves: That it is minded to grant planning permission subject to: 1. The conditions set out within the Committee report and subject to the completion of a Deed of Variation relating to the Section 106 planning obligation attached to outline planning permission 09/D52030 in order to: a) Vary the requirement for the sum of £40,000 to be paid to the Council for the 'bus stop contribution' to instead require this sum to be paid to the Council for improvements to access to the site by walking and cycling; b) Vary the requirement to pay the Council a highways contribution of £25,000 within nine months of the date of issue of the outline planning permission to payment of this sum upon commencement of development; 2. That the Council enters into an agreement under the provisions of Section 106 of the Town and Country Planning Act 1990 and other appropriate legislation with regard to the matters set out above; 3. The Development Manager being authorised to issue the decision notice on completion of the Section 106 Agreement. Condition(s) and Reason(s): 1. This permission relates to the following plans:- B2884 P001 C Location Plan B2884 P003 C Proposed Site Plan Site Demise B2884 P004 A Proposed Building Plan B2884 P005 Proposed Floor Plans Accommodation Block B2884 P006 D Proposed Site Sections Sheet 1 B2884 P010 Proposed Site Sections Sheet 2 B2884 P100 Proposed Site Plan (Revision C) B2884 P101 Proposed Elevations (Option 1) 3875-01 Landscape Proposals B2884 P011 Proposed Site Sections Landscaping Scheme Page 3 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. 2. Unless otherwise agreed in writing by the Local Planning Authority the materials to be used externally on the building shall match those of the buildings contained within the site edged blue on plan reference P101. Reason: To ensure a satisfactory appearance in the interests of visual amenity in order to comply with the requirements of Unitary Development Plan policy BE/2. 3. The landscaping scheme shown on the approved plans, (drawing nos.3875-01) shall be carried out during the first planting season after the development is substantially completed. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within three years of planting, shall be replaced by trees or shrubs of similar size and species to those originally requires to be planted. The areas which are landscaped