Agenda, decisions and minutes

Area Planning Panel (Bradford)
Wednesday, 15th May, 2019 10.00 am

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:

In the interest of transparency Councillors Amran, Riaz Ahmed and S Hussain declared an interest in the item relating to 38 Manningham Lane (Minute 38(a)) as they had all attended the venue as wedding guests.

 

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:

No disclosures of interest in matters under consideration were received.

 

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 13 May 2019. 

 

                                                                           (Claire Tomenson - 01274 432457)

 

Minutes:

No questions were submitted by the public.

 

38.

APPLICATIONS RECOMMENDED FOR APPROVAL OR REFUSAL pdf icon PDF 1 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)     38 Manningham Lane, Bradford (Approve)           City    

(b)     Knowle Farm, Knowle Lane, Bradford (Approve)Wyke

(c)     Land at Apperley Lane, Apperley Bridge,               Idle & Thackley

          Bradford (Refuse)                                                    

 

(Mohammed Yousuf – 01274 434605)

 

Decision:

(a)       38 Manningham Lane Bradford BD1 3EA -             19/00934/FUL 

                        City

 

A retrospective change of use from restaurant/café (A3) to banqueting facilities (sui generis) at 38 Manningham Lane, Bradford, BD1 3EA - 19/00934/FUL

 

Resolved –

 

That the application be refused for the following reasons:

 

(i)         The proposed development fails to provide sufficient and suitable        provision within the site for the accommodation of motor   vehicles. As such the proposed development would result in             greater on-street car parking to the detriment of the safe and free          flow of traffic on the highway. For this reason the proposed           development is unacceptable when measured against Policies         TR2 and DS4 of the Core Strategy Development Plan Document           and the National Planning Policy Framework.

 

(ii)        It is not considered the proposed development would be able to           provide adequate parking for events within the car park as such          this would lead to additional vehicles parking on nearby     residential streets including Brearton Street and Hallfield Place which are the closest streets on which vehicles associated with     the proposed use could park. This level of comings and goings   combined with vehicles picking up and dropping off visitors close       to the site, particularly during unsociable hours would lead to             noise and general disturbance for neighbouring residential properties contrary to policies DS5 and EN8 of the Core Strategy             Development Plan Document and the National Planning Policy Framework.

 

ACTION: Strategic Director, Place

 

 

(b)       Knowle Farm, Knowle Lane, Bradford                                     Wyke

 

A planning application for a proposed metal sliding gate to control access to Knowle Farm, Knowle Lane, Wyke - 19/00465/HOU

 

Resolved –

 

That the application be withdrawn at the request of the applicant.

 

ACTION: Strategic Director, Place

 

 

(c)        Land at Apperley Lane, Apperley Bridge,                    Idle & Thackley

            Bradford

 

A outline application for residential development of up to 9 dwellings requesting consideration of access on land at Apperley Lane, Apperley Bridge, Bradford - 18/05446/OUT

 

Resolved –

 

That the application be deferred to the next meeting at the request of the applicant.

 

ACTION: Strategic Director, Place

 

 

           

 

Minutes:

(a)       38 Manningham Lane Bradford BD1 3EA -             19/00934/FUL 

                        City

 

A retrospective change of use from restaurant/café (A3) to banqueting facilities (sui generis) at 38 Manningham Lane, Bradford, BD1 3EA - 19/00934/FUL

 

The Strategic Director Place in setting out the application referred to the site history, stating that a change of use application from a restaurant to banqueting facilities was refused in December 2018 on the grounds of noise and disturbance being detrimental to neighbouring amenity.  Previous to this the application was refused in September 2018 on the grounds that there was a lack of off-street parking, leading to indiscriminate parking, which would be detrimental to highway safety as well as noise and disturbance.

It was pointed out that this was a retrospective application and that the applicant had been operating the banqueting suite without planning permission for a number of years and that an enforcement notice had been served, hence the retrospective planning application before the Panel today.

The Strategic Director referred to the site plan, photographs of the site and the adjoining area, although a recent application had been refused partly on highway grounds relating to insufficient parking, the current application had been accompanied by a Transport Statement which the Council’s Highways Officers had accepted the findings of, albeit that the banqueting facilities was likely to generate more usage than a restaurant.  On site parking would only be for 18 vehicles and officers had discounted the assertion on the submitted plan of an additional 20 places to the rear of the site, as this land was shared with other uses within the building.

Following advertising of the application, 18 representations had been received, 17 were objecting and one was in support, the principle objections were detailed in the report, with parking and noise being the main grounds of objection.

The Council’s Environmental Health Officer had confirmed that they did not object to the proposal, subject to the installation of sound insulation measures detailed in the noise impact assessment.

In view of the above and the lack of objection from the Council’s Highway officer, on balance the application was recommended for approval.

 

 

 

 

An objector was present at the meeting and stated the following points:

  • That the venue operated on a 24/7 basis and residents life had been blighted by this continuous use.
  • That although there was a residents only permit parking scheme in place, there was a complete disregard for this, as guests parked indiscriminately, causing a huge inconvenience to residents.
  • That whilst the venue was operating, congestion in the area was intolerable.
  • That the setting off of fireworks, loud music from cars, car horns being sounded and people loitering in the vicinity of the venue, sometimes into the early hours, was making life unbearable for families and creating an intimidating atmosphere for families who had young children.
  • In addition to the noise and parking issues, rubbish from the venue was left on the street causing additional inconvenience to residents.
  • That the owner had shown a complete disregard for  ...  view the full minutes text for item 38.

39.

MISCELLANEOUS ITEMS pdf icon PDF 5 MB

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

 

(a) – (h)          Requests for Enforcement/Prosecution Action

(i) –  (j)            Decisions made by the Secretary of State – Allowed

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

 

                                                (Mohammed Yousuf - 01274 434605)

Decision:

MISCELLANEOUS ITEMS

REQUESTS FOR ENFORCEMENT/PROSECUTION ACTION

 

 

(a)       35 Southmere Road Bradford West Yorkshire BD7 3NS                Great Horton

 

construction of front boundary wall without planning permission with railings atop, vehicular access gate and the formation of hard-standing at the front of the property without provision to direct run-off water to a permeable or porous area or surface within the curtilage of the dwelling house - 17/00681/ENFUNA

 

On 19 March 2019 the Planning Manager (Enforcement and Trees) authorised the issue of an Enforcement Notice.

 

 

(b)       61 Maidstone Street Bradford West Yorkshire BD3 8AP                 Bradford Moor

 

Unauthorised front and rear dormer windows - 18/00009/ENFAPP

 

The breach of planning control has not been rectified and on 11 April 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(c)        63 - 65 Maidstone Street Bradford West Yorkshire BD3 8AP         Bradford Moor

 

Unauthorised front and rear dormer windows - 18/00097/ENFAPP

 

The breach of planning control has not been rectified and on 11 April 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(d)       194 St Enochs Road Bradford West Yorkshire BD6 3BT               Wibsey

 

Without planning permission, the installation of a roller shutter, shutter box and guide rails to the front of the property - 18/00081/ENFUNA

 

On 12 April 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(e)       Land at 26 Summerville Road Bradford West Yorkshire BD7 1PX           City

 

Unauthorised Class A3 restaurant/café use and external works - 18/00480/ENFUNA

 

The unauthorised Class A3 restaurant/café use of the land is continuing and on 21 March 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(f)        20 Summerville Road Bradford West Yorkshire BD7 1PX                          City

 

Unauthorised Class A3 restaurant/café use - 18/00514/ENFCOU

 

The unauthorised Class A3 restaurant/café use of the property is continuing and on 21 March 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(g)       520 Great Horton Road Bradford West Yorkshire BD7 3HG                      City

 

Unauthorised extractor units, signs and lighting - 18/00657/ENFLBC

 

No action has been taken to rectify the breach of planning control and on 16 January 2019 the Planning Manager (Enforcement & Trees) authorised the issue of a Listed Building Enforcement Notice. 

 

 

(h)       33 Idle Road Bradford West Yorkshire BD2 4QA                  Bolton & Undecliffe

 

Unauthorised conservatory extension and raised platform

 

On 16 January 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

DECISIONS MADE BY THE SECRETARY OF STATE

 

Appeals Allowed

 

(i)         8 Woodhall Avenue Bradford BD3 7BY                                         Bradford Moor

 

Single storey extension to the side - Case No: 18/02157/FUL

 

Appeal Ref: 18/00153/APPFL2

 

 

(j)         92 Killinghall Road Bradford BD3 8HN                                    Bradford Moor

 

Single storey rear/side extension - Case No: 18/03963/HOU

 

Appeal Ref: 19/00004/APPHOU  

 

 

Appeals Dismissed

 

(k)        10 Lower Rushton Road Bradford BD3 8PX                          Bradford Moor

 

Side single storey extension - Case No: 18/04625/HOU

 

Appeal Ref: 19/00019/APPHOU

 

(L)       2 Albert Buildings Springfield Place Idle                                 Eccleshill

            Bradford BD10 8SR

 

Construction of a detached dwelling. (Re submission of 18/00697/OUT) - Case No:  ...  view the full decision text for item 39.

Minutes:

 

REQUESTS FOR ENFORCEMENT/PROSECUTION ACTION

 

 

(a)       35 Southmere Road Bradford West Yorkshire BD7 3NS                Great Horton

 

construction of front boundary wall without planning permission with railings atop, vehicular access gate and the formation of hard-standing at the front of the property without provision to direct run-off water to a permeable or porous area or surface within the curtilage of the dwelling house - 17/00681/ENFUNA

 

On 19 March 2019 the Planning Manager (Enforcement and Trees) authorised the issue of an Enforcement Notice.

 

 

(b)       61 Maidstone Street Bradford West Yorkshire BD3 8AP                 Bradford Moor

 

Unauthorised front and rear dormer windows - 18/00009/ENFAPP

 

The breach of planning control has not been rectified and on 11 April 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(c)        63 - 65 Maidstone Street Bradford West Yorkshire BD3 8AP         Bradford Moor

 

Unauthorised front and rear dormer windows - 18/00097/ENFAPP

 

The breach of planning control has not been rectified and on 11 April 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(d)       194 St Enochs Road Bradford West Yorkshire BD6 3BT               Wibsey

 

Without planning permission, the installation of a roller shutter, shutter box and guide rails to the front of the property - 18/00081/ENFUNA

 

On 12 April 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(e)       Land at 26 Summerville Road Bradford West Yorkshire BD7 1PX           City

 

Unauthorised Class A3 restaurant/café use and external works - 18/00480/ENFUNA

 

The unauthorised Class A3 restaurant/café use of the land is continuing and on 21 March 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(f)        20 Summerville Road Bradford West Yorkshire BD7 1PX                          City

 

Unauthorised Class A3 restaurant/café use - 18/00514/ENFCOU

 

The unauthorised Class A3 restaurant/café use of the property is continuing and on 21 March 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

(g)       520 Great Horton Road Bradford West Yorkshire BD7 3HG                      City

 

Unauthorised extractor units, signs and lighting - 18/00657/ENFLBC

 

No action has been taken to rectify the breach of planning control and on 16 January 2019 the Planning Manager (Enforcement & Trees) authorised the issue of a Listed Building Enforcement Notice. 

 

 

(h)       33 Idle Road Bradford West Yorkshire BD2 4QA                  Bolton & Undecliffe

 

Unauthorised conservatory extension and raised platform

 

On 16 January 2019 the Planning Manager (Enforcement & Trees) authorised the issue of an Enforcement Notice.

 

 

DECISIONS MADE BY THE SECRETARY OF STATE

 

Appeals Allowed

 

(i)         8 Woodhall Avenue Bradford BD3 7BY                                         Bradford Moor

 

Single storey extension to the side - Case No: 18/02157/FUL

 

Appeal Ref: 18/00153/APPFL2

 

 

(j)         92 Killinghall Road Bradford BD3 8HN                                    Bradford Moor

 

Single storey rear/side extension - Case No: 18/03963/HOU

 

Appeal Ref: 19/00004/APPHOU  

 

 

Appeals Dismissed

 

(k)        10 Lower Rushton Road Bradford BD3 8PX                          Bradford Moor

 

Side single storey extension - Case No: 18/04625/HOU

 

Appeal Ref: 19/00019/APPHOU

 

(l)         2 Albert Buildings Springfield Place Idle                                 Eccleshill

            Bradford BD10 8SR

 

Construction of a detached dwelling. (Re submission of 18/00697/OUT) - Case No:

18/01954/OUT

 

Appeal  ...  view the full minutes text for item 39.