Agenda, decisions and minutes

Area Planning Panel (Bradford)
Wednesday, 19th December, 2018 10.00 am

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

Contact: Claire Tomenson 

Items
No. Item

18.

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 Amran disclosed that in relation to 16-18 Leylands Lane, Bradford (Minute 22(b)) the applications were within his Ward, however, he had not discussed any of the matters now before the Panel for determination with any interested parties.

 

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

 

Councillor Ellis disclosed that he was a member of the Yorkshire Regional Flood and Coastal Committee.

 

ACTION:       City Solicitor

 

19.

MINUTES

Recommended –

 

That the minutes of the meetings held on 5 September and 3 October 2018 be signed as a correct record.

 

(Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

That the minutes of the meetings held on 5 September and 3 October 2018 be signed as a correct record.

 

20.

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. 

 

21.

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 XXXXXX 2018. 

 

                                                                           (Claire Tomenson - 01274 432457)

 

Minutes:

There were no questions submitted by the public.

 

22.

APPLICATIONS RECOMMENDED FOR APPROVAL OR REFUSAL pdf icon PDF 7 MB

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

 

The sites concerned are:

 

(a)     1 Odsal Road, Bradford (Approve)                         Wibsey                       

(b)     16-18 Leylands Lane, Bradford (Approve)           Heaton

(c)     172 Wilson Road, Bradford (Approve)                  Wyke

(d)     3 Norman Crescent, Bradford (Approve)              Bolton &

                                                                  Undercliffe

(e)     62 Rooley Crescent, Bradford (Approve)              Wyke  

(f)      Express House, White Abbey Road,                     Manningham

          Bradford (Approve)

(g)     Land at Commercial Street, Queensbury,            Queensbury

          Bradford (Approve)

(h)     149 Rochester Street, Bradford (Refuse)             Bradford Moor

(i)      71 Killinghall Road, Bradford (Refuse)                Bradford Moor

(j)      Land East of 19 Cliffe View, Bradford (Refuse)  Thornton &

                                                            Allerton

 

(Mohammed Yousuf – 01274 434605)

 

Decision:

(a)     1 Odsal Road, Bradford                                                      Wibsey

 

A full planning application for the construction of a restaurant with drive-through facility and remodelling of the existing car park at the former Wiltex House site, Odsal Road, Bradford - 18/02484/FUL

 

Resolved –

 

That the application be approved for the reasons and subject to the conditions set out in the Strategic Director, Place’s technical report and subject to the amendment of condition 4 and 10 as follows:

 

4.         Notwithstanding the details shown on the approved plans, before any part of the development is brought into use, a plan showing the positions, design, and materials of all boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. Boundary treatments should include details of appropriate acoustic fencing along the northwest and southwest boundaries. The treatments so approved shall then be provided in full prior to the first use of the building and shall thereafter be retained.

 

Reason: In the interests of amenity and privacy and to accord with Policies DS5 and EN8 of the Core Strategy Development Plan Document.

 

10.       The drainage works shall not commenceuntil details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the Local Planning Authority. The details and scheme so approved shall thereafter be implemented in full before the first use of the development.

 

Reason: To ensure that the development can be properly drained and to ensure compliance with policy EN7 of the Core Strategy Development Plan Document.

 

Action: Strategic Director, Place

 

 

(b)     16-18 Leylands Lane, Bradford                                        Heaton

 

A full application for the change of use of 16-18 Leylands Lane, Bradford from a nursing home (Use Class C2) to a house in multiple occupation (HMO) (Use Class Sui Generis) - 18/04325/FUL

 

Resolved –

 

That the application be approved for the reasons and subject to the conditions set out in the Strategic Director, Place’s technical report.

 

Action: Strategic Director, Place

 

 

(c)     172 Wilson Road, Wyke, Bradford                                               Wyke

 

A full planning application for the removal of all timber structures and replacement with a new purpose built cattery (sui generis use class) at 172 Wilson Road, Wyke, Bradford - 18/02300/FUL

 

Resolved –

 

That the application be approved for the reasons and subject to the conditions set out in the Strategic Director, Place’s technical report.

 

Action: Strategic Director, Place

 

 

(d)       3 Norman Crescent, Bradford                            Bolton & Undercliffe

 

Construction of a two storey side with single storey rear extension and front porch at 3 Norman Crescent, Bradford - 18/04143/HOU

 

Resolved –

 

That the application be approved for the reasons and subject to the conditions set out in the Strategic Director, Place’s technical report.

 

Action: Strategic Director, Place

 

 

(e)     62 Rooley Crescent, Bradford,                                                     Wyke

 

Detached dwelling as built at 62 Rooley Crescent, Bradford - 18/04513/FUL

 

Resolved –

 

That the application be approved for the reasons and subject to the conditions set out in the Strategic Director, Place’s technical report.

 

Action: Strategic Director, Place  ...  view the full decision text for item 22.

Minutes:

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

 

(a)     1 Odsal Road, Bradford                                                      Wibsey

 

A full planning application for the construction of a restaurant with drive-through facility and remodelling of the existing car park at the former Wiltex House site, Odsal Road, Bradford - 18/02484/FUL

 

The Strategic Director, Place gave a presentation setting out the proposals and tabled plans detailing the layout.  He reported that the application was for the construction of offices and a restaurant with access via the existing points on Odsal and Halifax Roads.  Acoustic fencing would be installed to a height of 2 metres along the boundary with residential properties and the design mirrored that of the existing restaurant.  The application was then recommended for approval subject to the conditions as set out in the report and revisions to conditions 4 and 10.

 

A Ward Councillor was present at the meeting and stated that:

 

·         The close proximity to residential accommodation on Sutcliffe Place and Elmfield Drive was a concern.

·         Why was the restaurant not being built away from residential properties?

·         Would the acoustic fence be 1.8 or 2 metres in height?

·         The current operation had problems with noise, traffic and litter from customers and staff.

·         Litter was an issue.

·         There were no conditions to tackle the existing problem.

·         The acoustic fencing may deal with noise from the drive through, but the development would be over 2 metres high and there would be noise from ventilation systems.

·         The development would cause problems for local residents.

·         The licensing application stated that there was an intention to show films, however, this was not mentioned on the planning application.

·         The noise problems occurred between 2300 and 0600 hours and the hours should be reviewed.

·         The Planning Inspector had overturned the Panel’s decision to refuse the existing restaurant and issues had occurred.

 

In response to some of the comments raised, the Strategic Director, Place explained that:

 

·         The drawings detailed a 1.8 metre high fence, therefore, condition 4 would need to be amended.  The noise survey had suggested that a 2 metre high fence be installed along the Sutcliffe Lane and Elmfield Drive boundaries.

·         The existing problems were a site management issue and beyond the scope of the Planning Panel.

·         The Council’s Environmental Health Unit was satisfied with the proposals.

·         The development would not cause significant harm to recommend refusal.

·         It had previously been the site of a police station.

·         Condition 13 related to the ventilation equipment and requested that details be submitted prior to the building being brought into use.

·         The showing of films was not a planning issue and could not be considered.

·         The hours were the same as the other restaurant on the site.

 

In response to a Member’s query surrounding the acoustic fence, the Strategic Director, Place confirmed that it would be located along the side boundary.  Further details were required, however, the fence would not cause further issues for residents and it would not  ...  view the full minutes text for item 22.

23.

MISCELLANEOUS ITEMS pdf icon PDF 934 KB

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

 

(a)                   Discontinuance Notice

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

(w) – (gg)       Decisions made by the Secretary of State – Dismissed

 

                                                (Mohammed Yousuf - 01274 434605)

 

Decision:

DISCONTINUANCE NOTICE

 

(a)       828 Leeds Road, Bradford                                              Bradford Moor

 

Date Discontinuance Action Authorised: 13 November 2018

 

REQUESTS FOR ENFORCEMENT/PROSECUTION ACTION

 

(b)       Land at Grid Ref 419513 440123 Greenlea Road,      Idle & Thackley

Apperley Bridge, Bradford

 

Unauthorised use of land as a depot for a construction and demolition contractor and for the importation, storage and deposit of waste – 11/01172/ENFCOU

 

The Planning Manager (Enforcement and Trees) authorised the issuing of an Enforcement Notice under delegated powers on 25 September 2018.

 

(c)       18 Martindale Close, Bradford                                        Eccleshill

 

Unauthorised dormer windows - 15/01066/ENFUNA

 

On 10 September 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(d)       3 Heaton Grove, Bradford                                                Heaton

 

Breach of condition 6 of planning permission 12/00553/FUL - 17/00012/ENFCON

 

On 6 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice (Breach of Condition).

 

(e)       41 Hollingwood Lane, Bradford                                     Great Horton

 

Breach of condition 3 of planning permission 16/04766/HOU that required the bedroom window in the side elevation of the new extension to be installed with a sill height of 1.7 above the finished floor level - 17/00240/ENFAPP

 

On 18 October 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(f)        30 Sandbeds, Queensbury, Bradford                          Queensbury

 

Without planning permission, installation of externally mounted roller shutter, shutter box and guide rails - 17/00452/ENFUNA

 

On 27 September 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(g)       44 Duckworth Grove, Bradford                                      Toller

 

Unauthorised externally mounted roller shutters - 17/00652/ENFUNA

 

On 21 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(h)       5 Ellercroft Road, Bradford                                             City

 

Without planning permission, construction of a structure to the rear of the property - 17/00635/ENFUNA

 

On 26 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(i)         189 Undercliffe Street, Bradford                        Bowling & Barkerend

 

Unauthorised self-contained basement flat - 17/00856/ENFCOU

 

On 13 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(j)         19 Hollybank Grove, Bradford                                        Great Horton

 

Without planning permission, construction of a boundary wall to the rear (south west) – 17/00922/ENFUNA

 

On 26 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(k)       252 St Stephens Road, Bradford                                   Little Horton

 

Unauthorised front and rear dormer windows – 17/00971/ENFUNA

 

On 18 October 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(l)         15 Naples Street, Bradford                                              Toller

 

Without planning permission, construction of a dormer window extension on the principal elevation of the back-to-back dwelling house - 17/01044/ENFUNA

 

On 18 October 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(m)      807 Great Horton Road, Bradford                                  Royds

 

Unauthorised rear dormer window - 17/01046/ENFUNA

 

 

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

 

(n)       8 Como Grove, Bradford                                                  Toller

 

Without planning permission,  ...  view the full decision text for item 23.

Minutes:

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

 

DISCONTINUANCE NOTICE

 

(a)       828 Leeds Road, Bradford                                              Bradford Moor

 

Date Discontinuance Action Authorised: 13 November 2018

 

REQUESTS FOR ENFORCEMENT/PROSECUTION ACTION

 

(b)       Land at Grid Ref 419513 440123 Greenlea Road,      Idle & Thackley

Apperley Bridge, Bradford

 

Unauthorised use of land as a depot for a construction and demolition contractor and for the importation, storage and deposit of waste – 11/01172/ENFCOU

 

The Planning Manager (Enforcement and Trees) authorised the issuing of an Enforcement Notice under delegated powers on 25 September 2018.

 

(c)       18 Martindale Close, Bradford                                        Eccleshill

 

Unauthorised dormer windows - 15/01066/ENFUNA

 

On 10 September 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(d)       3 Heaton Grove, Bradford                                                Heaton

 

Breach of condition 6 of planning permission 12/00553/FUL - 17/00012/ENFCON

 

On 6 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice (Breach of Condition).

 

(e)       41 Hollingwood Lane, Bradford                                     Great Horton

 

Breach of condition 3 of planning permission 16/04766/HOU that required the bedroom window in the side elevation of the new extension to be installed with a sill height of 1.7 above the finished floor level - 17/00240/ENFAPP

 

On 18 October 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(f)        30 Sandbeds, Queensbury, Bradford                          Queensbury

 

Without planning permission, installation of externally mounted roller shutter, shutter box and guide rails - 17/00452/ENFUNA

 

On 27 September 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(g)       44 Duckworth Grove, Bradford                                      Toller

 

Unauthorised externally mounted roller shutters - 17/00652/ENFUNA

 

On 21 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(h)       5 Ellercroft Road, Bradford                                             City

 

Without planning permission, construction of a structure to the rear of the property - 17/00635/ENFUNA

 

On 26 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(i)         189 Undercliffe Street, Bradford                        Bowling & Barkerend

 

Unauthorised self-contained basement flat - 17/00856/ENFCOU

 

On 13 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(j)         19 Hollybank Grove, Bradford                                        Great Horton

 

Without planning permission, construction of a boundary wall to the rear (south west) – 17/00922/ENFUNA

 

On 26 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(k)       252 St Stephens Road, Bradford                                   Little Horton

 

Unauthorised front and rear dormer windows – 17/00971/ENFUNA

 

On 18 October 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(l)         15 Naples Street, Bradford                                              Toller

 

Without planning permission, construction of a dormer window extension on the principal elevation of the back-to-back dwelling house - 17/01044/ENFUNA

 

On 18 October 2018 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

(m)      807 Great Horton Road, Bradford                                  Royds

 

Unauthorised rear dormer window - 17/01046/ENFUNA

 

 

On 8 November 2018 the Planning Manager (Enforcement & Trees) authorised the issue  ...  view the full minutes text for item 23.