Agenda for Planning Committee on Wednesday 6th February, 2019, 6.30 pm

Agenda and minutes

Venue: Town Hall, Bootle

Contact: Ruth Appleby 

Items
No. Item

93.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Jones and O’Hanlon.

 

 

94.

Declarations of Interest

Members are requested at a meeting where a disclosable pecuniary interest or personal interest arises, which is not already included in their Register of Members' Interests, todeclare any interests that relate to an item on the agenda.

 

Where a Member discloses a Disclosable Pecuniary Interest, he/she must withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest, except where he/she is permitted to remain as a result of a grant of a dispensation.

 

Where a Member discloses a personal interest he/she must seek advice from the Monitoring Officer or staff member representing the Monitoring Officer to determine whether the Member should withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest or whether the Member can remain in the meeting or remain in the meeting and vote on the relevant decision.

 

Minutes:

No declarations of any disclosable pecuniary interests or personal interests were received.

 

95.

Minutes of the Meeting held on 16 January 2019 pdf icon PDF 193 KB

Minutes:

RESOLVED:

 

That the Minutes of the meeting held on 16 January 2019 be confirmed as a correct record.

 

 

96.

DC/2018/00801 - 41 to 43 King Street, Southport pdf icon PDF 190 KB

Report of the Chief Planning Officer

Minutes:

The Committee considered the report of the Chief Planning Officer regarding an application for a proposed change of use of 41 to 43 King Street from a guesthouse to a 10-bedroom house in Multiple Occupation (Sui Generis), including the erection of a dormer to the front elevation.  This was a resubmission of DC/2018/00231 which had been withdrawn on 26 April 2018.

 

The Committee report had originally recommended that the application be approved with conditions. However, since the Committee report had been published, it was alleged  – as detailed in Late Representations, that number 37 King Street was a licensed House in Multiple Occupancy (HMO), whilst number 39 which was adjacent to the application site, was in use as a single-family dwelling,  which would bring it into conflict with the Flats and Houses in Multiple Occupation Supplementary Planning Document (SPD) adopted in June 2018 on the basis that number 39 King Street would be sandwiched between two HMO’s. As the actual use of number 37 King Street could not be confirmed in time, it was necessary to further check the actual use of this property in order to accurately assess compliance with the SPD.

 

RESOLVED:

 

That consideration of this application be deferred to enable an assessment of the planning merits of the proposal against the SPD to be carried out in order to determine what the likely harm would be.

 

97.

DC/2018/01767 - Marshside RSPB Nature Reserve, Marine Drive, Southport pdf icon PDF 221 KB

Report of the Chief Planning Officer

Minutes:

The Committee considered the report of the Chief Planning Officer which recommended that the above application, seeking consent for a new perimeter ditch, extensions to two existing pools and infilling of small areas of water and their replacement with equal sized areas of water in improved strategic locations; and the creation of a low berm at the base of the outer embankments along two of the three sides of the marsh to Crossens Marsh within the RSPB nature reserve, be granted subject to the conditions and for the reasons stated or referred to in the report.

 

Prior to consideration of the application, the Committee received a petition from Mr P. Chorlton on behalf of objectors against the proposed development and a response from the applicant, Mr. A. Baker, RSPB.

 

RESOLVED:

 

That the recommendation be approved and the application be granted subject to conditions and for the reasons stated or referred to within the report.

 

 

98.

DC/2018/02220 - The Blundellsands Classic, 19 Blundellsands Road West, Blundellsands pdf icon PDF 393 KB

Report of the Chief Planning Officer

Minutes:

The Committee considered the report of the Chief Planning Officer which recommended that the above application for the replacement of existing white painted softwood timber windows and doors with new UPVC windows and doors, be refused for the reasons stated or referred to in the report

 

Prior to consideration of the application, the Committee received a petition from Mr R. Gee, on behalf of petitioners in support of the application.

 

Councillor Marshall, as Ward Councillor, also spoke in support of the application.

 

RESOLVED:

 

That the recommendation be refused for the reason stated in the report.

 

 

99.

DC/2018/01439 - 84 College Road, Crosby pdf icon PDF 491 KB

Report of the Chief Planning Officer

Minutes:

The Committee considered the report of the Chief Planning Officer which recommended that the application for the Variation of conditions 3 and 4 pursuant to planning permission S/2004/0096 (approved 30 March 2004), to allow the premises to operate as a restaurant and open between 09.00 and 18.00 Monday to Wednesday and 09.00 to 22.00 Thursday to Sunday, be granted subject to the conditions and for the reasons stated or referred to in the report and in Late Representations.

 

Prior to consideration of the application, the Committee received a petition from Mr J. Parry, on behalf of objectors against the proposed development and a joint response from the agent, Mr W Wadkin and the applicant, Mr S. Rice.

 

RESOLVED:

 

That the recommendation be refused for reasons of adverse impact on residential amenity by virtue of late night noise and disturbance, and therefore conflicts with  Policies ED2 (8c), HC3 (2a) and EQ10 (1a)  of the Local Plan. 

 

 

100.

DC/2018/02114 - The Marine Travel Arena, Rossett Park, College Road, Crosby pdf icon PDF 322 KB

Report of the Chief Planning Officer

Minutes:

The Committee considered the report of the Chief Planning Officer which recommended that the above application for the erection of a single storey building within the car park to be used as a table tennis centre (Use Class D2), be approved subject to the conditions and for the reasons stated or referred to in the report.

 

RESOLVED:

 

That the recommendation be approved and the application be granted subject to the conditions and for the reasons stated or referred to in the report.

 

101.

DC/2018/01681 - Land West of Damfield Lane, Maghull pdf icon PDF 117 KB

Report of the Chief Planning Officer

Minutes:

The Committee considered the Report of the Chief Planning Officer on the above application for the erection of 14 detached dwellinghouses, access road and associated landscaping, a pond feature and nature trail, which had been considered at Planning Committee on 16 January 2019 (Minute No. 91).  The application had been refused on the grounds that the site was designated as White Land in the Sefton Local Plan and was not allocated for housing development; and the proposed development conflicted with the Maghull Neighbourhood Plan.

 

The Chief Planning Officer presented the report and indicated that the applicant had lodged an appeal with the Planning Inspectorate against ‘non- determination’ and that this had taken the decision out of the hands of the Local Planning Authority and therefore, the Planning Committee could not now determine the application. 

 

Referring to the Town and Country Planning (Department Management Procedure) (England) Order 2015, the Chief Planning Officer stated that the reasons for refusal failed to meet the critical tests of the Order in that they did not give sufficient clarity as to why the application was unacceptable in planning terms, as they did not specify how the development conflicted with the policies of the Sefton Local Plan and Maghull Neighbourhood Plan, nor identify the relevant policies in these documents.

 

It was therefore important that the Planning Committee set out clearly the details of the policies in both Plans which it considered supported what would have been the decision to refuse planning permission to enable the Local Planning Authority to be in the strongest position to defend the appeal.

 

RESOLVED:

 

That  application no. DC/2018/01681 relating to Land West of Damfield Lane, should be refused for the following reasons:

 

1)    The site lies within the Damfield Lane Conservation Area which is characterised by its openness and rural character, including boundary walls and tree groupings. The overall form of the development, the removal of a number of established trees and the partial removal of a stone wall would harm the character and appearance of the Conservation Area. The development would also obscure views of St Andrews Church, a designated heritage asset.

 

Overall, the proposal would fail to respond positively to the character, local distinctiveness and form of its surroundings. The proposal therefore conflicts with Local Plan policies SD2 part (i), policy EQ2 part 1(a) and (c), 3(a), policy EQ9 part 7(a), policy NH12 part 1(d), Maghull Neighbourhood Plan policy MAG 4 and paragraph 127 of the National Planning Policy Framework.

 

2)    The application site has no designation within the Sefton Local Plan and due to the policy conflicts outlined above, the proposal also conflicts with Local Plan policy HC3 which only permits residential development outside of the Primarily Residential Area when consistent with other policies in the Plan.

 

102.

Visiting Panel Schedule pdf icon PDF 36 KB

Schedule for site visits on 4 Feb 2019

Minutes:

The Committee considered the report of the Chief Planning Officer which advised that the undermentioned sites had been inspected by the Visiting Panel on Monday 4 February 2019.

 

Application No.

Site

 

 

DC/2018/01439

84 College Road, Crosby. L23 0RP

 

 

DC/2018/02114

The Marine Travel Arena, Rossett Park, College Road, Crosby. L23 3AS.

 

 

DC/2017/02220

The Blundellsands Classic, 19 Blundellsands Road West, Blundellsands. L23 6BA

 

DC/2018/00801

41-43 King Street, Southport. PR8 1LG

 

 

103.

Planning Appeals Report pdf icon PDF 202 KB

Report of the Chief Planning Officer

Additional documents:

Minutes:

The Committee considered the report of the Chief Planning Officer on the progress of the appeals lodged with the Planning Inspectorate.

 

Appellant

Proposal/Breach of Planning Control

Decision

 

 

 

 

Mr Phillips

DC/2017/02361 – 51a Embassy Building, Piercefield Road, Formby. L37 7DG – appeal against the Council’s refusal to grant planning permission for the replacement of existing first floor windows, new high- level vent and redecoration of the existing façade.

 

Part-allowed / Dismissed

 

08/01/2019

 

 

 

Mr Carl Roberts

DC/2017/01892 – 36 Winstanley Road, Waterloo. L22 4QW – change of use of the existing attached garage to the side of the property, to a beauty salon.

Dismissed

21/12/2018

 

 

 

 

Ms Karen Lee

DC/2018/00198 – Site of Churchill House, Kings Park, Seaforth – Erection of 30 dwellings with associated parking and public open space

Dismissed

21/12/2018

 

 

 

 

Mr David Tomlinson

DC/2018/01183 – 108 Churchgate, Southport PR9 7JE - Erection of a single storey extension to the rear of the dwellinghouse following demolition of existing single storey extension (retrospective application)

Dismissed

19/12/2018