Agenda and minutes

Venue: Training and Conference Suite, First Floor, Number One Riverside, Smith Street, Rochdale, OL16 1XU

Contact: Michael Garraway  4716

Items
No. Item

8.

Declarations of Interest pdf icon PDF 26 KB

    Members must indicate at this stage any items on the agenda in which they must declare an interest.  Members must verbally give notice of their interest at the meeting and complete the form attached with this agenda. 

     

    Members are also advised to take advice with regard to any matter where there is potential bias or predetermination in any business to be considered at the meeting and whether they should take part in decision making at the meeting.

     

    Members are reminded that, in accordance with the Localism Act 2011 and the Council's adopted Code of Conduct, they must declare the nature of any discloseable pecuniary interest; personal interest and/or prejudicial interest required of them and, in the case of any discloseable pecuniary interest or prejudicial interest, withdraw from the meeting during consideration of the item, unless permitted otherwise within the Code of Conduct.

    Additional documents:

    Minutes:

    There were no declarations of interest.

9.

Minutes pdf icon PDF 73 KB

10.

Applications for Town Green or Village Green pdf icon PDF 151 KB

    Minutes:

    The Committee considered a report of the Director of Resources which sought approval to delegate to another local authority the function of considering and determining the two current applications to register land as a town or village green in order to add an additional element of independence and impartiality to the statutory process.  

     

    The Council is the Registration Authority for the purposes of the Commons Registration Act 1965. A Registration Authority is responsible for maintaining the registers for public inspection and for processing and determining applications for the registration of local land as common land or as a town or village green.  This Act imposed a duty on the Council to consider all applications to register land as a town or village green within the Borough. The Commons Act requires Registration Authorities to determine town and village green applications, but no special provisions have been included in the legislation for Registration Authorities to deal with applications relating to their own land. The Committee was requested to consider the delegation to another local authority the Registration Authority function of considering and determining the present applications in order to add an additional element of independence and impartiality to the statutory process.

     

    Alternatives considered - A practice has been developing that local authorities appoint an independent expert (often a Barrister) who conducts a non-statutory public inquiry along the lines of a planning inquiry. The Council had received legal advice advising that there is presently a risk that a Commons Registration Authority cannot escape the problem of conflict of interest by appointing counsel to hold a non-statutory inquiry.

     

    The Committee considered the views of Mr D Fitton, who addressed the Committee requesting that consideration be given to the determination of the two current applications being delegated to an authority outside of the Association of Greater Manchester Authorities.

     

    DECIDED – that (1) the Head of Legal Governance and Reform be requested to delegate the function of considering and determining the two current applications to register land as a town or village green and responding to any legal challenge arising from that determination to another local authority, to be selected by the Head of Legal Governance and Reform ;

    (2) the payment of such costs incurred by that authority in discharging the delegated function be authorised and;

    (3) the Head of Legal Governance and Reform be requested to give serious consideration to delegating the function of considering and determining the two current applications to an authority outside of the  Association of Greater Manchester Authorities.

     

11.

Single storey front extension, first floor rear extension and a loft conversion with roof lights (Re-submission) at 77 Tweedale Street, Rochdale, pdf icon PDF 157 KB

    Minutes:

    The Director of Economy introduced planning application 15/01390/HOUS for the single storey front extension, first floor rear extension and loft conversion with roof lights at 77, Tweedale Street, Rochdale, OL11 3TZ. 

     

    In introducing the application the Planning Officer advised the Committee that the although the first floor rear extension and loft conversion with roof lights were acceptable, the application had been recommended for refusal as the proposed front porch extension was out of character with the other dwellings in the area.

     

    The Committee considered the views of the applicants who addressed the Committee in relation to the application.

     

    The Committee considered the views of Councillor Linden, a Milkstone and Deeplish Ward Councillor, who addressed the Committee in relation to the application.

     

    DECIDED – that (1) planning permission be approved with regard to the first floor rear extension and loft conversion with roof lights only subject to conditions as detailed by the Planning Officer from within the submitted report.

                (2) planning permission for the single storey front extension be refused on the grounds outlined in the submitted report.

12.

Planning Appeals

    Minutes:

    The Director of Economy reported that the Planning Inspectorate had allowed the planning appeal for planning application 15/00208/FUL at 231, Hollin Lane - Development of convenience store, ATM and associated car parking

     

    The Director of Economy reported that the High Court had dismissed the Judicial Review of the Committee’s decision in respect of planning application for 14/01412/FUL for the erection of 50 residential dwellings with associated access, landscaping, substation and public open space at land off Tarnside Close, Rochdale.

     

    DECIDED – that (1) the outcome of the planning appeal for the development of 231, Hollin lane be noted; and

    (2) the dismissal of the judicial review of the Planning and Licensing Committee’s decision with regard to land off Tarnside Close be noted.

     

13.

Exclusion of Press and Public

    To consider excluding the press and public from the meeting during consideration of the following item of business in accordance with the provisions of Section 100A (4) of the Local Government Act 1972, as amended.

     

     

     

     

    Minutes:

    DECIDED – That the public be excluded from the meeting during consideration of the following items of business since it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public were present there would be disclosure to them of exempt information, namely information relating to information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

     

14.

Planning Appeals Update

    Minutes:

    The Committee considered a report of the Director of Economy which updated Members in respect of the planning appeals for the three planning applications for development of land off Hollin Lane and Langley Lane in Middleton. 

     

    DECIDED – that the appeals against the earlier refusal of planning permission for development on land off Hollin Lane and Langley Lane by Taylor Wimpey being held in abeyance by the Planning Inspectorate be noted

    (2) the appeal against the refusal of planning permission for the Wainhomes application, for a proposed development of up to 88 dwellings on land to the west of Hollin Lane, to proceed by way of a public inquiry be noted; and

    (3) the withdrawal of the third reason for refusal of the Wainhomes application relating to local infrastructure provision be agreed.