Agenda and minutes

Planning and Development Committee - Friday 20th January, 2023 1.30 pm

Venue: Mandela Room

Contact: Georgina Moore 

No. Item


Declarations of Interest


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


Minutes - Planning and Development Committee - 16 December 2022 pdf icon PDF 316 KB


The minutes of the meeting of the Planning and Development Committee held on 16 December 2022 were submitted and approved as a correct record.



Schedule of Planning Applications to be Considered by Committee pdf icon PDF 143 KB

Schedule - Page 11

Item 1 - 1B and 2 Marton Estate Square - Page 13

Item 2 - 4/4A Captain Cook Square - Page 25

Additional documents:


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


22/0420/COU Change of use from betting shop and post office (sui generis) and E(a) use classes) to restaurant (E(b) use class) at Units 1B and 2 Marton Estate Square, Stokesley Road, Marton, Middlesbrough for SJD Architects Ltd


Following the publication of the agenda, the item was withdrawn at the request of the Applicant. Therefore, the application no longer required consideration by the Planning and Development Committee.


22/0665/COU Change of use from retail to bar, food and mixed use Leisure Venue including outdoor roof terrace on 1st floor and cellar to the rear yard (Sui Generis) at 4/4A, Captain Cook Square, Middlesbrough for Middlesbrough Council


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 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 the submitted application proposed a change of use from retail premises to bar, food and mixed use leisure venue, including outdoor roof terrace on 1st floor and store within the rear yard.


It was highlighted that the report had incorrectly referenced that the application site was located in Newport Ward, instead of Central Ward. Although the report contained that inaccuracy, the Development Control Manager assured committee members that the relevant interested parties had been notified as part of the application process.


The application site was Unit 4/4A Captain Cook Square, a two-storey building located within Middlesbrough town centre. The building had a rear service yard, which could be accessed from Grange Road and Smith Street.


The application site formed one of several similarly designed modern commercial buildings that fronted the pedestrianised area at Captain Cook Square. To the north of the site was Middlesbrough Bus Station and to the west was a pedestrian footpath link to the Captain Cook Square Multi-Storey Car Park. Immediately to the south were terraced properties along Grange Road and residential properties.


The application site was considered to be within a sustainable location within the town centre and within close walking distance to good public transport links, such as the bus station and train station and there were public car parks in close proximity.


It was explained that the use of Unit 4/4A as bar and leisure venue in the proposed location could have been deemed contrary to Policy REG21. However, given recent changes in the dynamics of both shopping and leisure patterns, and in order to promote the long term vitality and viability of the town centre, it was considered a more flexible approach should be taken in respect of the primary shopping frontage policy.


Although the application site was located within the primary shopping  ...  view the full minutes text for item 22/23


Delegated Planning Decisions pdf icon PDF 88 KB


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).


In reference to the property of 36 The Avenue, a Member sought clarification on the two applications that had been submitted for Prior Notification, as one had been refused and the other had been approved. The Development Control Manager advised that in respect of the Prior Notification process (only applicable to extensions of a certain scale), the Applicant was required to notify the Council of their intention to build so that the Council was able to consult immediate neighbours.  Members were advised that if the neighbours objected, then the Council would have to consider the scheme as it would for any normal planning application.  If the neighbours did not object, then the Council was not required to consider it and permission was automatically granted. Members heard that it was highly likely that the two applications would have differed slightly, meaning that objections had not been received in respect of the second submission. It was advised that, following the meeting, further information in respect of the applications would be sent to the committee members.


A Member raised a query in respect of the application submitted by Rose Wood Primary School for the erection of modular classrooms. The Development Control Manager commented that modular classrooms were common and use was usually limited to a specific timeframe, typically three or four years.  It was advised that, following the meeting, the conditions placed on the application would be confirmed.



Any other urgent items which in the opinion of the Chair, may be considered.


Planning Appeals


Appeal Ref: APP/W0734/D/22/3308370 28 Croft Avenue, Middlesbrough, TS5 8AX - Allowed


The development proposed was a single storey rear extension - part retrospective.


The main issues were the effects of the proposal on:


·         the character and appearance of the property and the area; and

·         the living conditions of the neighbouring residential occupiers.


Appeal Ref: APP/W0734/D/22/3301967 6 The Gardens, Middlesbrough, TS4 3DU - Dismissed


The development proposed was a first floor rear extension; alteration to side elevation first floor window; alterations to existing rear extension openings.


The main issues were the effect of the proposal on the character and appearance of the surrounding area, and on the living conditions of the occupiers of 19 Pemberton Crescent in respect of their outlook and privacy.


Appeal Ref: APP/W0734/D/22/3306573 33 Barker Road, Middlesbrough TS5 5EW - Dismissed


The development proposed was the erection of a first-floor extension to accommodate an artist’s studio.


The main issue was whether the proposed development would preserve or enhance the character or appearance of the Conservation Area.




Charging Council Tax for Unbuilt Homes


A Member explained that the Local Government Association (LGA) had published comments in respect of unbuilt homes on expired permissions and unbuilt homes on sites that had started. Specifically, it was explained that the LGA would welcome the introduction of powers to allow local authorities to charge full council tax for every unbuilt development from the point the original planning permission expired.