Agenda and minutes

To be informed of the appointment of any substitute members for the meeting.

Pursuant to the Council's Constitution the appointment of the following substitute members was reported:

Councillor J O’Shea for Councillor S Graham

You are invited to declare any registerable and/or non-registerable interests in matters appearing on the agenda, and the nature of that interest.

You are also requested to complete the Declarations of Interests card available at the meeting and return it to the Democratic Services Officer before leaving the meeting.

You are also invited to disclose any dispensation from the requirement to declare any registerable and/or non-registerable interests that have been granted to you in respect of any matters appearing on the agenda.

There were no declarations of interest or dispensations reported.

To confirm the minutes of the previous meeting held on 27 April 2021.

Resolved that the minutes of the meeting held on 27 April 2021 be confirmed and signed by the Chair.

To receive the attached guidance to members in determining planning applications and to give consideration to the planning applications listed in the following agenda items.

The Committee received guidance in relation to the principles of decision making when determining planning applications and then gave consideration to the planning applications listed in the following minutes.

To consider a full planning application for the variation of condition 5 (Hours of Operation) to allow 2no. gantry cranes to be operated 24 hours a day Monday to Sunday and partial discharge of condition 6 (Noise Assessment) in respect of the 2no. gantry cranes of planning approval 16/01595/FUL (resubmission)

The Committee considered a report from the planning officers in relation to a full planning application from Smulders Projects UK for variation of condition 5 (hours of operation) to allow 2no. gantry cranes to be operated 24 hours a day Monday to Saturday and patrial discharge of condition 6 (noise assessment) in respect of the 2 no. gantry cranes of planning approval 16/01595/FUL (resubmission).

A planning officer presented details of the application with the aid of various maps, plans and photographs.

In accordance with the Committee’s Speaking Rights Scheme Mrs B Charleston of Derwent Way, Wallsend had been granted permission to speak to the Committee. Mrs Charleston outlined her experiences of being disturbed by the existing operations at the yard caused by diesel engines, forklift trucks and cherry pickers and other activities associated with the operation of the cranes. She believed that 11.00pm was a reasonable time at which operations should cease to allow neighbouring residents to get some sleep. She viewed the application as a hostile move by Smulders. The noise abatement notice issued by Environmental Health had been ineffective as residents continued to be disturbed by welding and grinding noises at 2.00am.   She referred to light pollution affecting neighbouring housing and residents were unable to enjoy their gardens due to the noise. She asked the Committee to reject the application to safeguard resident’s standard of living.

The applicant’s agent declined the opportunity to speak to the Committee to respond to Mrs Charleston’s comments.

Members of the Committee asked questions of Mrs Charleston and officers and made comments. In doing so the Committee gave particular consideration to:

a)    the location of neighbouring housing in relation to the operations at the yard;

b)    options for installing noise attenuation measures in and around the neighbouring housing;

c)    the measures taken by Smulders to minimise noise disturbance from the yard;

d)    the outcome of the gantry crane noise assessment and the extent to which the operation of the gantry cranes during the night would add to the noise generated from the yard;

e)    the principles set out in Paragraphs 123 and 180 of the National Planning Policy Framework and their relevance to this application; and

f)     the impact of the proposed operation of the gantry cranes on the amenity of neighbouring residents.

Resolved that planning permission be refused on the grounds that the proposal to extend the hours of operation of the gantry cranes would have a significant detrimental impact on the amenity of nearby residents, contrary to Policy DM5.19 of the North Tyneside Local Plan.

To consider a full planning application for the erection of new industrial units on a grassed area and hardstanding adjacent to existing industrial units (Block 8). Additional areas of hardstanding and car parking facilities are proposed. 14no. new units vary in size from 90 - 120sqm.

The Committee considered a report from the planning officers, together with an addendum circulated prior to the meeting, in relation to a full planning application from Helio Pact Limited for the erection of new industrial units on a grassed area and hardstanding adjacent to existing industrial units (Block 8). Additional areas of hardstanding and car parking facilities are proposed 14no. new units vary in size from 90-120sqm.

A planning officer presented details of the application with the aid of various maps, plans and photographs.

Members of the Committee asked questions of officers and made comments. In doing so the Committee gave particular consideration to:

a)    the comments of the Council’s Landscape Architect and Biodiversity Officer who had concluded that the provision of new areas of wildflower grassland and mixed native hedgerow were acceptable to mitigate the impact of the scheme;

b)    the distance between the site and the nearest housing which had been measured to be 500 metres;

c)    the designation of the land within the Local Plan for employment use;

d)    the design and width of the proposed vehicular access which complied with the required standards; and

e)    the number and adequacy of proposed visitor car parking spaces.

Resolved that (1) the Committee is minded to grant the application; and

(2) the Head of Housing, Environment and Leisure be granted delegated authority to determine the application following the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 to secure a financial contribution of £4,000 towards employment initiatives within the borough and subject to the conditions set out in the planning officers report, incorporating the amendments set out in the addendum, and the addition, omission or amendment of any other conditions considered necessary.

As this was Councillor Lott’s final meeting as Chair he expressed his thanks to officers for their support and to members for their contributions during a period when there had been few successful appeals against decisions taken by the Committee. Councillor Brady thanked Councillor Lott for his leadership and for sharing his experience and knowledge with her.