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 must consider their interests, and act according to the following:

(2)       Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

(3)       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. 

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

In the interests of transparency, the following declarations were made.

Cllr Cunningham declared that he was previously a Member of the Townscape Heritage Grants body who had awarded a grant for works at the Darley Street location application number 22/03629/FUL (Minute No.18).

Cllr S Khan declared that 6a Southfield Road, Bradford application number 22/03253/FUL and 60 Moore Avenue, Bradford application number 22/03979/HOU were in her Ward (Minute No.18).

Cllr Engel declared that the Maharjah buildings application number 22/02408/FUL were in her Ward and whilst she had historical contact she did not have a prejudicial interest (Minute No18).

Action: Director of Legal and Governance

Recommended –

That the minutes of the meeting held on 7 September 2022 be signed as a correct record.

(Su Booth – 07814 073884))

Resolved

That the minutes of the meeting held on 7 September 2022 be held as a correct record.

(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. 

(Su Booth – 07814 073884)

There were no requests received to inspect documents relating to applications under consideration.

(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 Director of Legal and Governance in Room 112, City Hall, Bradford, by midday on Monday 28 November 2022. 

                                                                 (Su Booth – 07814 073884)

There were no public questions received.

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

(Amin Ibrar - 01274 434605)

A.        38 - 40 Darley Street Bradford BD1 3HN -                         Wyke

This was an application on the site of a former post office to form a fireworks retail shop (E(a) use) and a nail and eye lashes saloon (sui generis) and to form two, one bed apartments on the upper ground floor only (C3 use) with associated external alterations.

The application received a considerable number of representations the majority of which consisted of objections, these were summarised in the Strategic Director’s technical report and were due mainly to the nature of its intended use as a fireworks shop.

In addition, 1 further representation was received and circulated to Members prior to the meeting.

Officers presented the application and informed Members that it was necessary to obtain planning consent due to the splitting of the premises into 2 and if this was not present, that no Planning Consent was necessary.

Following the Officer’s presentation, Members were then given the opportunity to comment and ask questions, the details of which and the responses given are as below.

A concern was raised regarding the lack of information relating to the building’s heritage but Officers advised that revised information had been submitted by the Agent and a condition was included for drawings to be submitted and approved.

The issue of anti-social behaviour associated with the mis-use of fireworks was raised as Members wanted to know if it was directly associated with the pre-existing business or elsewhere.  Officers advised that there was an issue within the City Centre but not at the site under consideration or already trading in the immediate vicinity.

Members acknowledged that licensing was a matter for the West Yorkshire Fire Service and not a Planning consideration and asked if there had been any meaningful planning based objections received.  Officers advised that Health and Safety legislation and separate licensing existed for the storage of fireworks but this was not a planning consideration.

A Ward Councillor was present at the meeting and addressed the Panel with a number of concerns raised by constituents.  These are summarised below.

·                Ongoing problem with fireworks in the City Centre

·                On sale 365 days of the year

·                No issues with other proposals but objections to the fireworks outlet

·                Very beautiful building

·                 Would make no positive contribution to the area as it was adjacent to flats and businesses

·                Potential hazardous substances used in the nail bar being a potential fire hazard

·                Impact on all aspects of health

·                The impact to emergency services and noise etc. from a previous Scrutiny review on the use of fireworks

·                No connection to the previous business as a post office

·                Applicant not engaging with requests to consult

Officers were then given the opportunity to respond to the points made by the Ward Councillor to address the issues raised.

·                The use of the building was in the same class as that of a post office (Class E retail)

·                If the building was not to be sub divided, then no planning permission would  ...  view the full minutes text for item 18.

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

(Amin Ibrar – 01274 434605)

The Panel was asked to consider other matters which were set out in Document “F” relating to miscellaneous items:

Resolved –

That the requests for Enforcement/Prosecution Action and the decisions made by the Secretary of State as set out in Document “F” be noted.

Action: Strategic Director, Place