Local democracy

Agenda, decisions and minutes

Venue: Committee Room 1 - City Hall, Bradford. View directions

Contact: Claire Tomenson 

Items
No. Item

35.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from Members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the Member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

Minutes:

The following disclosures of interest were received in the interest of clarity:

 

Councillor Azam disclosed that he had met the applicant associated with one of the applications but he had not discussed any of the matters now before the Panel for determination with any interested parties.

 

Councillor Shabir Hussain disclosed that he knew a number of people associated with a number of the applications but he had not discussed any of the matters now before the Panel for determination with any interested parties.

 

ACTION:       City Solicitor

 

36.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Claire Tomenson - 01274 432457)

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents. 

 

37.

PUBLIC QUESTION TIME

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

To hear questions from electors within the District on any matter which is the responsibility of the Panel. 

 

Questions must be received in writing by the City Solicitor in Room 112, City Hall, Bradford, by mid-day on Monday 19 February 2018. 

 

(Claire Tomenson - 01274 432457)

 

Minutes:

There were no questions submitted by the public.

 

38.

PLANNING APPLICATIONS RECOMMENDED FOR APPROVAL OR REFUSAL pdf icon PDF 2 MB

The Panel is asked to consider the planning applications which are set out in Document “M” relating to items recommended for approval or refusal.

 

The sites concerned are:

 

(a)

11 and 13 Apperley Road, Bradford (Approve)

Idle and

Thackley

(b)

Barkerend Health Centre, Barkerend Road, Bradford (Approve)

Bradford

Moor

(c)

Calder Bank Farm, Calder Banks, Queensbury,

Bradford (Approve)

Queensbury

(d)

16 Chapel Street, Bradford (Refuse)

City

(e)

16 Chapel Street, Bradford – Listed Building Consent (Refuse)

City

(f)

24 Summerville Road, Bradford (Refuse)

City

(g)

40 Sunderland Road, Bradford (Refuse)

Manningham

(h)

49 Hastings Street, Bradford (Refuse)

Little Horton

 

                                                            (Mohammed Yousuf – 01274 434605)

Minutes:

The Strategic Director, Place presented Document “M”.  Plans and photographs were displayed in respect of each application and representations summarised.

 

(a)     11 and 13 Apperley Road, Bradford                                Idle & Thackley

 

A full planning application for the construction of two detached dwellings on land to the rear of 11 and 13 Apperley Road, Bradford - 17/04916/FUL

 

The Strategic Director, Place gave a presentation setting out the proposals and tabled plans detailing the layout.  He informed Members that the site was located within a residential area and the application proposed the construction of two detached dwellings.  The scheme had been amended in order to overcome the impact on neighbouring houses.  The ground level of the site would be lowered by 500 millimetres, the distances between properties was appropriate and two parking spaces would be provided per unit.  The Strategic Director, Place then recommended the application for approval, subject to the conditions as set out in the report.

 

A Ward Councillor was present at the meeting and raised the following concerns:

 

·         The report stated that it was a sustainable site.

·         The scheme failed to meet the social need as there was a great deal of single occupancy in the area.

·         The natural environment would be destroyed and a historic wall threatened.

·         The development would impact on the homes next to the site.

·         The existing wall was 10 feet in height.

·         The proposed houses would overshadow number 8 and 10 Coleridge Gardens.

·         Neighbouring properties would be over dominated.

·         The proposed houses would be able to see into neighbours’ habitable rooms.

·         There would be an impact on the houses on Apperley Road.

·         The impact on the old retaining wall raised concerns.

·         A site visit should be undertaken and further consideration given to the proposal.

·         The proposed access used to be the driveway for 13 Apperley Road.

·         The drainage system was not sustainable or suitable.

 

In response to the points raised, the Strategic Director, Place clarified that:

 

·         The Council had a duty to provide a mix of housing and there was a shortfall in the District.

·         The National Planning Policy Framework (NPPF) did not prioritise sites.

·         Housing was acceptable on the site and conformed to policies.

·         Trees had been cut down prior to the submission of the application, so the matter could not be assessed and their removal could not have been prevented.

·         A footnote had been placed on the application in relation to the duty of care for wildlife.

·         The amended plans resolved the impact on neighbours.

·         A condition requiring a survey on the wall had been placed on the application.

·         The criteria and distances between windows had been met.

·         Overlooking could not be justified as a reason for refusal.

 

The Strategic Director, Place then replied to Members’ queries:

 

·         The ground floor windows would be obscured by the stone wall, the 25 degree line had been complied with and the roof lights would be subject to conditions. 

·         It was assumed that the site previously belonged to 11 and 13 Apperley Road.

·         The distance to the  ...  view the full minutes text for item 38.

39.

MISCELLANEOUS ITEMS pdf icon PDF 2 MB

The Panel is asked to consider other  matters which are set out in Document “N” relating to miscellaneous items as follows:

 

(a)                   Discontinuance Notice

(b) – (i)            Requests for Enforcement/Prosecution Action

(j)                     Decisions made by the Secretary of State - Upheld

(k) – (o)           Decisions made by the Secretary of State – Dismissed

 

                                                            (Mohammed Yousuf – 01274 434605)

Minutes:

The Strategic Director, Place presented Document “N” and the Panel noted the following:

 

DISCONTINUANCE NOTICE

 

(a)       822 Leeds Road, Bradford                                              Bradford Moor

 

Enforcement Case Ref:      17/00447/ENFADV

 

Date Discontinuance Action Authorised:  2 January 2018

 

REQUESTS FOR ENFORCEMENT/PROSECUTION ACTION

 

(b)       108 Toller Lane, Bradford                                                Eccleshill

 

Unauthorised rear extension, storage container and clothing bank- 17/00280/ENFCON

 

On 8 January 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice (Breach of Condition).

 

(c)       108 Farm Hill Road, Bradford                                         Toller

 

Breach of condition 2 planning permission 08/01940/FUL - 16/00027/ENFUNA

 

On 22 January 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(d)       1186 Bolton Road, Bradford                               Bolton & Undercliffe

 

Unauthorised gates and fencing- 17/00825/ENFUNA

 

On 19 January 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(e)       145 Toller Lane, Bradford                                                Toller

 

Unauthorised extractor flue - 17/00433/ENFUNA

 

On 9 January 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(f)        151 Toller Lane, Bradford                                                Toller

 

Unauthorised extractor flue - 17/00421/ENFUNA

 

On 9 January 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(g)       195 New Line, Bradford                                        Idle & Thackley

 

Unauthorised condenser units - 16/00905/ENFAPP

 

On 22 January 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(h)       198 Upper Woodlands Road, Bradford                        Toller

 

Unauthorised dormer windows - 14/00569/ENFUNA

 

On 9 January 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(i)         76 Manningham Lane, Bradford                                                Manningham

 

Unauthorised externally mounted roller shutter - 17/00265/ENFUNA

 

On 22 November 2017 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

DECISIONS MADE BY THE SECRETARY OF STATE

 

APPEAL ALLOWED

 

(j)         97 Duchy Drive, Bradford                                                Toller

 

Construction of front dormer window - Case No: 17/01990/HOU

 

Appeal Ref: 17/00119/APPHOU

 

APPEALS DISMISSED

 

 (k)      11 Fieldhurst Court, Bradford                                                     Tong

 

Appeal against Enforcement Notice - Case No: 15/00645/ENFUNA

 

Appeal Ref: 17/00089/APPENF

 

(l)         139 St Helena Road, Bradford                                                    Royds

           

Appeal against Enforcement Notice - Case No: 17/00027/ENFCOU

 

Appeal Ref: 17/00076/APPENF

 

(m)      Omar Food Store, 54 St Margaret’s Road, BradfordCity

 

Change of use of A1 retail shop to a mixed use as an A1 retail shop with the introduction of sales of takeaway roti and naan products baked on site - Case No: 17/00795/FUL

 

Appeal Ref: 17/00121/APPFL2

 

(n)       Unit 1, 900 Leeds Road, Bradford                                 Bradford Moor

 

Alterations for new vehicular access/egress from Leeds Road dedicated onto Diner 900 car park with 2400x43000 visibility splays - Case No: 17/02478/FUL

 

Appeal Ref: 17/00106/APPFL2

 

(o)       9 Creskeld Way, Bradford                                    Thornton & Allerton

 

Construction of ground floor extension and dormer window to front elevation - Case No: 17/03002/HOU

 

Appeal Ref: 17/00118/APPHOU

 

Resolved –

 

That the decisions be noted.

 

Action:          Strategic Director, Place