Planning and Development Committee s1

Planning & Development Committee 4 July 2008

PLANNING AND DEVELOPMENT COMMITTEE

A meeting of the Planning and Development Committee was held on 4 July 2008

PRESENT: Councillor McPartland (Chair), Councillors Brunton, Clark, Cox Lowes, Purvis and Mrs B Thompson

OFFICIALS: V Flynn, A Hughes, P McGregor, B Roberts, E Vickers and N Wilson

**APOLOGIES FOR ABSENCE were submitted on behalf of Councillors McIntyre and Whatley

**DECLARATIONS OF INTEREST

Name of Councillor / Type of Interest / Item of Interest
Councillor McPartland
Councillor Brunton
Councillor Purvis / Personal
Personal
Prejudicial / M/FP/0849/08/P
M/FP/0849/08/P
M/GRG/0937/08/P

**MINUTES

The minutes of the meeting of the Planning and Development Committee held on 13 June 2008 were submitted and approved as a true record.

NOTED

PLANS

The Head of Planning and Regeneration Programme 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:

**DECLARATION OF INTEREST – Councillors McPartland and Brunton both declared a Personal Interest in the following item, on the grounds that they were Season Ticket holders at the football club.

M/FP/0849/08/P – Erection of 1 no. 125 metre high wind turbine on land adjacent to Riverside Stadium for Middlesbrough Football Club

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

Full details of the proposal were included in the report.

Neighbourhood consultations have taken place and responses were received from surrounding occupiers and businesses, including Bio-Regional Quintain Limited, Tees Valley Regeneration and Middlesbrough College. Comments received from Environmental Protection were also included in the report.

Reference was made to the policy context of this application and to Policy DC1 and CS4, and also contaminated land issues, noise assessment, design, grid connection, radio communications, aeronautical assessment, shadow flicker, ecology, cultural heritage, wind resource assessment, traffic and access, community involvement and the Ministry of Defence.

A detailed analysis of the application was also included in the report.

Reasons for Recommendations

The proposed wind turbine would generate 3MW of electricity, which would be used in the operation of the stadium, with any surplus being sold back to the National Grid. The potential CO2 emissions savings were given as 5,663 tonnes, which would clearly make a significant contribution to the Council’s CO2 emission reduction targets and was in line with national and local renewable energy policies and advice.

The proposed wind turbine would not result in a loss of amenity to local residents and businesses in terms of visual amenity or disturbance. The proposal complied with relevant criteria in both local and national policy and was considered to be an acceptable form of development.

The applicant’s representative was present and elected to address the committee. An officer from Environmental Health was also present and advised the committee on the noise impact of such a wind turbine and how any problems created by a wind turbine could be addressed.

Approved on condition that

(i) the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission;

(ii) within 14 days of the commissioning of the final turbine, the applicant shall provide written confirmation of the following details to the Ministry of Defence and Civil Aviation Authority:

(a) date of construction starts and ends;

(b) the height above ground level of the highest potential obstacle;

(iii) prior to the operation of the scheme hereby approved, a shadow flicker mitigation scheme shall be submitted to and approved in writing to the local planning authority. The operation of the turbines shall take place in accordance with the approved shadow flicker mitigation protocol unless the planning authority gives its prior written consent to any variation;

(iv) if the wind turbine hereby permitted ceases to operate for a continuous period of 6 months then, unless otherwise agreed in writing by the local planning authority, a scheme for the decommissioning and removal of the wind turbine generator and any other ancillary equipment and structures relating solely to that generator, shall be submitted to and agreed by the local planning authority within 6 months of the end of the cessation period;

(v) prior to the operation of the turbine hereby approved, a scheme showing the lighting of the structure shall be submitted to and approved in writing by the local planning authority;

(vi) prior to the operation of the wind turbine hereby approved, an operational procedure for the resolution of complaints regarding interference to television reception resulting from the operation of the turbines shall be submitted to an approved in writing by the local planning authority. Any subsequent complaints regarding television reception shall be decided in accordance with the agreed procedure, and if the complaint is found to be justified, the developer shall take those necessary measures to rectify the problem, at his cost;

(vii) prior to the operation of the wind turbine, the scheme to alleviate the impact of the development upon Durham Tees Valley Airport radar shall be submitted to and approved in writing by the local planning authority and such scheme as may be approved shall be implemented before the use of the wind turbine commences;

(viii) noise emissions from the wind turbine shall not exceed a rating level, after any necessary corrections for tonal noise have been made, at the locations identified below. These limits shall apply at a distance of 3.5 metres from the façade of any noise sensitive premises. Measurements to assess compliance with this limit shall be made where practicable in accordance with BS4142, excluding any wind limit requirements, or if not practicable, demonstrated from measurements made closer to the wind turbine;

Location / Address / Rating level
L90 (10 min)
1 / Navigation Public House / 47dB (A)
2 / Wickham Close, North Ormesby / 45dB (A)
3 / Lock area, Middlehaven / 48dB (A)

(ix) at the reasonable request of the local planning authority, the operator of the development shall measure and assess, at its own expense, the level of noise emissions and/or tonal noise from the wind turbine generator, following the procedures described in the “assessment d rating of noise from wind farms, ETSU-R-97”, published by ETSU for the Department of Trade and Industry. Written details must be forwarded to the local planning authority;

(x) the wind farm operator shall log wind speed and wind direction data at a grid reference to be approved by the local planning authority. This wind data shall include the wind speed measured in metres per second (MS-1) and the wind direction in degrees from north, for each 10 minute period. At the reasonable request of the local planning authority, the recorded data relating to 10-metre height above ground level shall be made available to them in writing. Where wind speed is measured at a height other than 10 metres, the wind speed data shall be covered to 10m height (according for wind shear by a method to be agreed by the local planning authority).

(xi) the wind turbine and associated plant and equipment shall be maintained and services at interval stipulated by the manufacturer and in accordance with the manufacturer’s instructions;

(xii) details of the wind turbine make and model shall be submitted to an agreed in writing by the local planning authority. The details submitted shall include the performance and specification of all the equipment to be installed and shall identify predicted noise levels, including tonal noise at different wind speeds, to demonstrate the proposed wind turbine will meet Condition 8 above regarding the set rating noise limit. Such details as may be approved shall be implemented in full as part of the approved development;

(xiii) once the development is operational, the applicant shall keep a written log of all complaints made about noise from the turbine and shall include the name and contact details of the complainant, along with the nature of the complaint and the time of day and date when the complainant reported noise disturbance. The log shall also identify any remedial action taken, with reasons. Records shall be made available for inspection by an authorised officer of the local planning authority upon request.

(xiv) a full and competent site investigation, including risk assessment must be submitted to the local planning authority. This must identify any contamination present and identify adequate remediation. The risk assessment and remediation scheme must be approved in writing by the local planning authority and thereafter be implemented prior to the development taking place.

(Reasons as detailed in the report).

M/FP/0771/08/P – Two storey extension to rear at 22 Castleton Avenue, Acklam for Mr G Hughes

The Head of Planning and Regeneration Programme advised Members that this application had been deferred at the last meeting pending a site visit. Accordingly a site visit had been held prior to the meeting.

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

Full details of the proposal were included in the report. Members were advised that the proposal was for a two-storey extension to the rear, with the existing ground floor off-shoot being demolished. Details of the dimensions of the proposed development were included in the report.

Neighbourhood consultations had taken place and an objection received from the occupier of No. 24 Castleton Avenue, on the grounds that there would be loss of light to the kitchen off-shoot, which would affect her amenity. However, if the first floor extension to the bedroom was deleted from the proposal, the application would be more acceptable. Appendix 1 of the report included further information from the objector.

A detailed analysis of the application was included in the report and particular reference was made to Policies CS5 and DC1 of the Middlesbrough LDF Core Strategy. Particular reference was made to the fact that, whilst many of the dwellings in Castleton Avenue have extensions, this proposal was larger than most. A determining factor for this application was the layout of the application property and objection property, especially the rear ground floor window of No. 24, which was close to the boundary and the application property and would therefore receive the greatest impact from the proposed development.

The applicant’s agent was present and elected to address the committee. An objector was present and her representative also elected to address the committee.

Refused on the grounds that the proposed extension, by reason of its size, design and location was considered inappropriate and would be to the detriment of the general amenities of the neighbouring occupiers and therefore be in conflict with the local Development Plan policies DC1 and CS5.

M/FP/0738/08/P – Detached 2.5 storey dwelling with attached garage at 17 Connaught Road, Nunthorpe for Mr I Howlett

Details of the plan status and planning history were outlined in the report. Reference was made to policies CS1, CS5 and CS4 of the Middlesbrough Development Plan.

Full details of the proposal were also included in the report. Members were advised that 19 Connaught Road was a large detached property with a large side garden, which formed the site for this application and was 10 metres wide and 29 metres long. It was noted that the proposed new dwelling would match the building line of No 19, but was set back from No 15 and was set back 6 metres from the highway. A Design and Access statement had been submitted with the application. The applicant had also agreed to erect a full height permanent wall to block off the south east facing area of the rear balcony, to avoid any privacy issues.

Neighbourhood consultations had taken place and objections were received from the occupiers of Nos. 13 and 20 Connaught Road who objected on the grounds that the development would be out of character, there would be an increase in parking, that the plans were inaccurate as No. 22 Connaught Road did not exist, the height of the proposed new dwelling would be overpowering, resulting in loss of light. Comments received from Transportation and Leisure Services were also included in the report.

A detailed analysis of the application, with particular reference to Policies CS1, CS9, CS5 and DC1 of the Middlesbrough Local Development Framework was also included in the report.

Reason for Recommendation

The application was satisfactory in that it was in accordance with the principles of national planning policies (PPS1 and PPS3) and local policy requirements (Policy CS1, CS4, CS5, CS9 and DC1 of the Middlesbrough LDF Core Strategy).

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 within the existing urban format and contribute to the overall quality and character of the area.

The development was considered acceptable in highway considerations.

The applicant and agent were present but elected not to address the committee.

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 that would indicate that the development should be refused.

Approved on condition that (i) the development shall be carried out using materials of which samples have been submitted to and approved by the local planning authority prior to commencement of the development; (ii) 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 to and approved in writing by the local planning authority and thereafter to be fully implemented to the satisfaction of the local planning authority; (iii) a plan showing the location of temporary car parking for the use during construction and measure 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 and thereafter, such car parking shall be removed on completion of the works; (iv) Nothwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any Order revoking or re-enacting that Order, with or without modification, no windows/dormer windows other than those expressly authorised by this permission shall be constructed; (v) prior to the commencement of development, a scheme/plan shall be submitted to and approved in writing by the local planning authority showing the erection of a full height permanent wall to block off the south east facing area of the rear balcony to 19 Connaught Road. Prior to the occupation of the dwelling hereby approved, the approved screen wall shall be provided in complete accordance with the approved details and retained as such thereafter; (vi) prior to the commencement of development, a scheme/details including Arboricultural Method Statement and Tree Protection Plan setting out protective measures, specialised construction techniques and timescale shall be submitted to and approved in writing by the local planning authority and thereafter carried out in full accordance with the approved details; (vii) prior to commencement of development, a detailed landscape scheme showing size, species, numbers, locations and maintenance arrangements for the replacement tree for the removed Norway Maple, shall be submitted to and approved in writing by the local planning authority, and thereafter implemented in full accordance with the approved details, prior to the occupation of the dwelling. (Reasons as detailed in the report).