Agenda and minutes

Apologies for absence were received from Councillor Olivia Birch.

There were no declarations of interest.

[To approve the minutes of the previous meeting as a correct record]

Resolved:

That the minutes of the previous meeting held on 15 September 2020 be confirmed as a correct record and signed by the Chair.

[To consider any matters arising]

There were no matters arising.

[To consider the planning application]

Planning application 20/00449/FUL had been withdrawn from Planning Committee so therefore was not considered.

[To consider the planning application]

The Committee considered a report regarding 20/00832/FUL - Demolition of existing warehouse buildings and construction of Costa Coffee Drive-Through (use class A1 / A3) and retail unit (use class A1) with associated parking, access and landscaping.

Vijay Kaul, Senior Planning Officer, reported the following updates since the agenda had been published:

1. An email had been received by the Applicant from Councillor Zee Russell, Ward Member for Ettingshall, stating that she supported the scheme, however it may be worthwhile asking Historical England and the Conservation Team what measures they required in order to meet their approval.
2. The Applicant had revised the opening hours to start at 6.00am, with closing time of 8.00pm for Greggs and 10.00pm for Costa. Environmental Health still advised later opening of 7.00am and noise barrier.
3. A full application and Listed Building Consent had now been submitted for the Royal Hospital site.

Mr Tim Dixon addressed the Committee and spoke in support of the application.

The Senior Planning Officer responded to the statements made and

advised that:

1. The statutory test for assessing applications that affected the setting of Listed Buildings, Conservation Areas and the Development Plan Policy were set out in the report.
2. Historic England, who are the Government’s expert adviser on England’s Heritage and have a statutory role in the planning system had stated that the development would cause harm and that the harm was unjustified.
3. Objections had also been raised by the Victorian Society, the Ancient Monuments Society and All Saints Action Network (ASAN).
4. The Local Planning Authority (LPA) had robustly assessed the design and heritage impact of the development.
5. The proposal would result in harm to the character and appearance of the Cleveland Road Conservation Area, and harm to the setting of the Listed Buildings.

A Member of the Committee welcomed the development however most felt that the proposals were unacceptable.

Councillor Muston moved the recommendations and Councillor Page seconded the recommendations.

Resolved:

That planning application 20/00832/FUL be refused on the following ground:

1. The proposal involves the demolition of warehouse buildings which contribute to the significance, character and appearance of Cleveland Road Conservation Area through their layout, scale, form and materials. The proposed scheme fails to make a positive contribution to local character and distinctiveness, as it involves a typical drive through, single storey built form within an area of surface car parking which does not reflect the pattern of built form, design quality or scale of development that would be required to complement the existing context, or the emerging regeneration of the Royal Hospital development area. The proposal would result in harm to the character and appearance of the Cleveland Road Conservation Area, and harm to the setting of the Grade II Listed Royal Hospital and Locally Listed Dixons Building. The proposal conflicts with saved Unitary Development Plan Policies HE1, HE4, HE5, HE6, HE17, HE19, D4, D5, D6, D7, D8, D9, Black Country Core Strategy Policies CSP4, ENV2 and ENV3, City Centre Area Action Plan Policies CC8 and CC9, and relevant policies contained within  ...  view the full minutes text for item 6.

[To consider the Tree Preservation Order]

The Committee considered a report regarding 20/00006/TPO - Confirmation Report for The Wolverhampton City Council (Oxley Park Golf Club No.1) Tree Preservation Order 2020.

Mr Piotr Sibilo addressed the Committee and spoke in opposition to the application.

Councillor Claire Simm stated that there were issues with the maintenance of trees, hedges and other greenery around the boundary of the golf course and asked whether the Council had any authority to enforce this.

James Dunn, Tree Officer, responded.

Councillor Page moved the recommendations and Councillor Lawrence seconded the recommendations.

Resolved:

That planning application 20/00006/TPO be confirmed without amendment.

[To consider the Tree Preservation Order]

The Committee considered a report regarding 20/00002/TPO - Confirmation Report for The Wolverhampton City Council (Oxley Court No.3) Tree Preservation Order 2020.

Councillor Inston moved the recommendations and Councillor Page seconded the recommendations.

Resolved:

That planning application 20/00002/TPO be confirmed without amendment.

[To consider the planning application]

The Committee considered a report regarding 20/00962/FUL - New hand car wash and canopy, extension to existing shop for use as a café and installation of 1No. storage cabin.

Laleeta Batoy, Assistant Planner, reported that since the agenda had been

published, a further objection had been received regarding parking which had already been addressed within the report.

Mrs Doreth Fannel addressed the Committee and spoke in opposition to the application.

Laleeta Batoy, Assistant Planner, responded to the statements made and

explained that the proposals were acceptable.

Councillor Inston, Chairman of the Planning Committee, stated that he too had concerns regarding the obstructed fire exit at the mosque. He assured Members that Council Officers would discuss the issue further with the Mosque and Applicant should the application be granted.

Councillor Page moved the recommendations and Councillor Butt seconded the recommendations.

Resolved:

That planning application 20/00962/FUL be granted subject to the following conditions:

• The parking facilities shall be provided in accordance with the details shown in the approved plans and thereafter be kept available for the parking of vehicles in connection with the use hereby approved at all times.
• The bin stores shall be provided in accordance with the details shown in the approved plans and thereafter retained.
• During the construction phase of this development, working hours and commercial vehicle movements to or from the site during construction shall be restricted to 0800 to 1800 hrs Mondays to Fridays and 0800 to 1300 hrs Saturdays, and at no time on Sundays or Bank and Public Holidays.
• Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, replacing or re-enacting that Order with or without modification) the ground floor uses hereby permitted shall be for a use falling within Use Class E (Commercial, Business and Service) of the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other use.
• No raw materials, finished or unfinished products or crates, materials, waste, refuse or any other item shall be stacked or stored outside the development hereby permitted.
• Operational hours and commercial vehicle movements to or from the site shall be restricted to 08.00 to 20.00 Mondays to Saturdays, 10.00 to 16.00 Sundays, Bank and public holidays.
• Any external lighting scheme (to include design, siting, direction and avoidance of glare and spillage) shall be submitted to and approved in writing by the local planning authority.