Agenda and minutes

There were no declarations of interest received at this point in the meeting.

The minutes of the Planning and Development Committee meeting, held on 15 October 2021, were submitted and approved as a correct record.

Schedule - Page 11

Item 1 - 2A Oxford Road - Page 13

Item 2 - Land at Warelands Way - Page 25

The Head of Planning submitted plans deposited as applications to develop land under the Town and Country Planning Act 1990 and reported thereon.

21/0233/VAR Variation of Condition 3 (opening hours) of application 19/0532/COU for the roof top terrace to operate between 10:00 and 22:00 hours Monday to Sunday at 2A Oxford Road, Middlesbrough TS5 5DT for Mr and Mr A and A Hynes

The Development Control Manager advised that the above application had been identified as requiring a site visit by Members of the Planning and Development Committee.  Accordingly, a site visit had been held on the morning prior to the meeting.

Full details of the planning application and the plan status were outlined in the report.  The report contained a detailed analysis of the application and analysed relevant policies from the National Planning Policy Framework and the Local Development Framework.

The Development Control Manager advised that planning permission was previously granted in November 2019 under application 19/0532/COU for: Part change of use of first floor from residential (C3) to create a roof terrace/kitchen/store room associated to ground floor bar (A4) at No.55-59 Roman Road with internal and external alterations. 

In order to limit potential impacts to the neighbouring residential properties from the use of the roof terrace, a condition (Condition 3) was imposed to limit the use of the open terrace to be between the hours of 10:00 and 19:00, as well as for the provision of acoustic fencing to the rear of the terrace to limit noise transference.

This application sought to vary Condition 3 of the approved scheme to allow the roof terrace to be used beyond the controlled hours, up to 22:00 on all days.

The application site was 2A Oxford Road, a first floor kitchen/store and roof terrace which was associated with a ground floor bar at 55 to 59 Roman Road. The property was located within the Roman Road Local Centre and was within the Linthorpe Conservation Area and Article 4 designated area.  The site was located at the junction of Oxford Road and Roman Road with commercial units located to the north and west along Oxford Road.

The application was supported by a Design and Access Statement, Noise Assessment and Noise Management Plan.

The Noise Management Plan, which was submitted by the applicant’s consultant, suggested that no live music should be played on the roof terrace and that the doors to the roof terrace would remain closed when it was not in operation.

The submitted noise assessment indicated that the average noise levels would not increase as a result of the proposed extended hours relative to the nearest residential property to the rear of the site, and the vehicle noise was the greatest impact of noise within the area.   Notwithstanding this, it was considered that the proposal would introduce a type of noise into a mixed commercial / residential area, at a point close and adjacent to residential properties which would be particularly difficult to predict and control and would be doing so  ...  view the full minutes text for item 21/23

The Head of Planning 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).

A Member made reference to page 45 of the papers, planning application reference: 21/0656/TELPN Installation of 20.0m Phase 8 Monopole C/W wraparound cabinet at base and associated ancillary works at Trimdon Avenue, and queried the reasons as to why prior notification had been refused.  In response, the Development Control Manager advised that there were usually three ways in which such applications would be granted planning permission: either through permitted development; prior notification; or full planning application.  One aspect that officers considered was the impact on surrounding areas.  It was felt that the 20m high pole with apparatus, which was required for 5G, was substantially more sizeable than the usual 15m high 3G poles.  Whilst it had been recognised that the poles were needed, it was also important to gain balance between this and the impact upon residential areas.  In this case, it was felt that the pole and apparatus were too large for the area.

NOTED

Outcome of Planning Appeal – Land at Ford Close Riding Centre (Appeal Ref: APP/W0734/W/21/3268784)

The Head of Planning provided information in relation to a planning appeal hearing that had been held on 22 September 2021:

Appeal Ref: APP/W0734/W/21/3268784 Land at Ford Close Riding Centre, Brass Castle Lane, Middlesbrough TS8 9EE – Appeal Dismissed

The development proposed the demolition of existing buildings and the erection of 69 dwellings along with open space and associated infrastructure.

The main issue in the determination of the appeal was the effect of the development on housing choice in the Borough, with particular regard to the type and density of the proposed housing, and the design and layout of the scheme, including trees.

NOTED