Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors Allcock, Fenton and A Hussain.

Members to declare any interests in matters to be discussed at the meeting.

There were no declarations of interest made.

To confirm the minutes of the meeting held on 11 January 2023 as a correct record.

Resolved that the minutes of the meeting held on 18 January 2023 are approved as a correct record.

The Committee noted the scheduled planning application site visits.

The Committee was informed that the item Planning Application DC/22/67752: proposed demolition of existing building and installation of 19 No. storage containers for 24hr self-storage use with dropped kerb and vehicle access had attracted a lot of public interest, and Public Health had raised concerns around the proposed use. Planning had therefore decided to recommend a site visit on the grounds of the considerable public interest.

Resolved that planning application DC/22/67752 (Proposed demolition of existing building and installation of 19 No. storage containers for 24hr self storage use with dropped kerb and vehicle access - 234 Oldbury Road, Rowley Regis, B65 0QG.) be deferred to allow a site visit.

Proposed industrial/warehousing development (use classes B2/B8) together with associated access, servicing, parking and landscaping.

The Service Manager for Development Planning and Building Consultancy informed the Committee that the application had previously been before the Committee and Council (due to it been a departure from the Development Plan). The application in both instances had been approved. The applicant sought to remove the condition around the contribution towards the ecological survey and mitigation methods. The applicant had proposed an alternative condition which would replace the previous condition with a Section 106 Agreement that would secure a substantial financial contribution to enhance the ecological environment around the development. 

The applicant’s agent was present and addressed the Committee with the following points:

·      On approving the application previously members had imposed an additional condition requiring the applicant to demonstrate a 10% bio-diversity net gain prior to the start of development;

·      Since the application was approved detailed surveys had been undertaken on the ecology and wildlife of the site and schemes developed to protect and mitigate the impact on those species found;

·      The site had been vacant for 35 years which had resulted in a build-up of grassland, its development would result in a net loss of ‘36.39 units’;

·      The surveys undertaken indicated that due to the nature of the development, under the draft conditions it would not be possible to satisfy the requirements under the draft conditions to provide a 10% net gain on the site itself;

·      Best practice indicated that where mitigation methods cannot be accommodated on site a financial contribution can be made in lieu of the proposed works;

·      The Natural England assessment indicated that a contribution of £1.165 million would be required to mitigate the assessed loss of the grassland habitat;

·      Due to the nature of the constrains on the site such as mineshafts, topography and access, grants had been sought from the West Midlands Combined Authority to meet the shortfall for the development which had been agreed in principal;

·      Value for money and the economic impact of the project are two key features of Sandwell’s assessment for supporting projects and use a maxim threshold of £5,700 per full time job created;

·      The initial viability exercise confirm that the required gap funding could be accommodated within the West Midlands Combined Authority model – following the completion of the impact assessment the grant application figures had been re-run to include the 10% net gain and contribution of £1.165 million, adding this sum would have increased the viability gap for the development to £10.6 million equating to an intervention rate of nearly £18,000 per job created which was 3,000 per job over the maximum threshold which West Midlands Combined Authority could or would support;

·      Members were asked to support the request to remove the requirement for the 10% net gain on site which would enable the site to come forward for development;

·      There was no relevant policy that required the Councils position and the applicant was committed to developing a wildlife zone on the site with the proposed Section 106 Agreement contribution of £350,000;

·      Just under six acers  ...  view the full minutes text for item 17/21

Proposed 4 No. storey detached building comprising of 28 No. 2 bedroom flats and 2 No. 1 bedroom flats (30 flats in total) with basement parking (Outline application all matters reserved).

Members of the Committee had been lobbied by Applicants.

The Service Manager for Development Planning and Building Consultancy informed the Committee that there were no updates. However, the Committee was reminded that the   application was only an outline application, and the applicant, or any subsequent owner of the land, would be required to come back to Planning with a full reserved matters application to proceed with the plans.

No objectors or the applicant was present at the meeting.

Resolved that, subject to the signing of a section 106 agreement to ensure affordable housing, Planning Application DC/22/67234 (Proposed 4 No. storey detached building comprising of 28 No. 2 bedroom flats and 2 No. 1 bedroom flats ((30 flats in total)) with basement parking ((Outline application all matters reserved)) - Land Adjacent 83 Dudley Port, Tipton) is approved, subject to conditions relating to the following:

i)         Finished floor levels;

ii)        Ground contamination;

iii)       Noise survey and mitigation measures;

iv)       Odour assessment;

v)        Drainage (foul);

vi)       Drainage (surface);

vii)      10% renewable energy;

viii)     Electric vehicle charging points;

ix)       Low NOx boilers;

x)        Construction method statement;

xi)       Employment and skills statement;

xii)      The submitted plans are for indicative purposes only.

Proposed 3 No. dwellings with new rear access, retaining wall/fencing to rear, bin/cycle stores, parking and landscaping (Revision to refused planning application DC/22/66936).

The Service Manager for Development Planning and Building Consultancy informed the Committee that there were no updates regarding the application.

                  There were no objectors present at the meeting.

The applicant was present and addressed the Committee with the following points:

·      Quoting the report officers had stated that the application accords with relevant design policies in terms of scale, massing and parking provision and does not cause any harm to amenity in terms of overlooking, loss of light or highway safety;

·      The site was not allocated in any Sandwell Local Plan and therefore any development would be a windfall gain for the authority;

·      The site was an area of wasteland and had not previously been developed;

·      Concerns raised at a previously refused application had been taken on board;

·      The application had ensured dwellings were in character to the area, that it respected the viability and safety of the junction on the highway and ensured secure off-road parking;

·      The development would provide local family housing;

·      Not developing the site would leave the site dormant and undeveloped.

                  The Committee were happy that concerns that had previously been raised had been addressed.

In response to questions from the Committee, the Highway Network Development and Road Safety Manager confirmed that the nature of the development of the site did not raise any concerns, however, parking restrictions on the corner of the junction was under consideration in order to prevent obstructions to traffic flow.

It was confirmed that renewable energy conditions would be met as was the Councils Policy.    

Resolved that planning application DC/22/67817 (Proposed 3 No. dwellings with new rear access, retaining wall/fencing to rear, bin/cycle stores, parking and landscaping (Revision to refused planning application DC/22/66936 - Land At The Junction Of Tippity Green/Dudley Road, Rowley Regis) is approved, subject to conditions relating to the following:

(i)        External materials;

(ii)       Finished floor levels;

(iii)      Parking areas laid out and retained;

(iv)      Site investigation in respect of contaminated land;

(v)       Noise mitigation (acoustic fencing and glazing)

(vi)      Drainage;

(vii)     Boundary treatments (visibility splays maintained);

(viii)    Landscaping;

(ix)      Electric vehicle charging provision;

(x)       Low NOx boilers;

(xi)      Renewable energy details;

(xii)     Site investigation and remediation;

(xiii)    An external lighting scheme;

(xiv)    Construction management plan;

(xv)     Archaeological monitoring.

The Committee noted the Decisions of the Planning Inspectorate.