(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.

In the interests of transparency, Councillors Barker, Ellis, Abid Hussain, Wainwright and Warburton disclosed, in respect of the item relating to Land to the East of the Former Gas Works, Airedale Road, Keighley (Minute 66), that they had been Members of the Committee when one or both of the previous applications for this site had been considered.  They stated that they would approach the issue with an open mind and consider all the relevant material planning issues before making a decision.

In the interests of transparency, Councillors Barker, Ellis, Griffiths, Abid Hussain, Wainwright, Warburton and Watson disclosed, in respect of the item relating to Greenholme Mills, Iron Row, Burley in Wharfedale (Minute 67), that they had been Members of the Committee when this application had been considered previously.  They stated that they would approach the issue with an open mind and consider all the relevant material planning issues before making a decision.

In the interests of transparency, Councillor Ellis disclosed that he was a Member of the West Yorkshire Flood and Coastal Committee and the Overview and Scrutiny Committee of the West Yorkshire Combined Authority and was quoted on Page 200 of the Assistant Director - Planning, Transportation and Highways’ technical report relating to the application affecting Bridgehouse Mills, Haworth.

(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. 

(Sheila Farnhill - 01274 432268)

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

The Committee will be asked to consider recommendations, if any, to appoint Members to Sub-Committees of the Committee.

                                                            (Sheila Farnhill – 01274 432268)

No resolution was passed on this item.

NO ACTION

Previous references:           Minutes 107 (2013/14) and 28 (2015/16)

A report will be submitted by the Assistant Director – Planning, Transportation and Highways (Document “AF”) in respect of a planning application for the development of two plants to recover energy from waste, including a materials reception, a waste bunker hall, a turbogenerator hall, a bottom ash hall, an education/visitors centre, offices and a workshop/warehouse for plant operatives with associated parking and landscaping, on land to the east of the Former Gas Works, Airedale Road, Keighley – 16/006857/FUL.

Recommended –

(1)       That the application be approved for the reasons and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

(2)       That the grant of planning permission be subject also to the completion of a legal planning obligation under Section 106 of the Town and Country Planning Act 1990, or such other lawful mechanism for securing the heads of terms as may be agreed in consultation with the City Solicitor, in respect of:

the payment of a commuted sum of £8,200 for the undertaking of tree planting at East Riddlesden Hall,

the legal planning obligation to contain such other ancillary provisions as the Assistant Director - Planning, Transportation and Highways (after consultation with the City Solicitor) considers appropriate.

(John Eyles – 01274 434380)

Keighley East

Previous references:           Minutes 107 (2013/14) and 28 (2015/16)

A report was submitted by the Assistant Director – Planning, Transportation and Highways (Document “AF”) in respect of a planning application for the development of two plants to recover energy from waste including a materials reception, a waste bunker hall, a turbogenerator hall, a bottom ash hall, an education/visitors centre, offices and a workshop/warehouse for plant operatives with associated parking and landscaping, on land to the east of the Former Gas Works, Airedale Road, Keighley – 16/06857/FUL.

The Assistant Director reported on the following matters which had arisen further to the publication of the technical report:

·         The Secretary of State for Communities and Local Government had requested that the Authority withhold issue of the Decision Notice to allow him time to consider whether he wished to ‘call in’ the application for determination.

·         Bingley Town Council had stated that following further consideration of the matter it now objected to the proposal.

·         A representation had been received from Ilkley Parish Council in respect of the need to ensure that the regulatory requirements in relation to emissions were subject to scrutiny. They neither supported or objected to the proposal.

·         A further 161 representations had been received. Any material planning issues raised had been considered within the report or would be addressed in presenting the application to Members.

·         An additional petition had been received from residents of The Croft.

·         The online petition now contained 5299 signatures.

·         It had been pointed out by a small number of residents that there were subtle differences in the colour of the main building on one photomontage (provided by the applicant) uploaded to the Council’s website. He clarified that the final colour of the cladding would be controlled through a condition.

·         It was recommended that, should Members be minded to approve the application, Condition 5, in relation to permitted times for HGV movements, be amended to read 0730 to 1800 Monday to Friday, 0730 to 1200 on Saturday and none on Sundays or bank/public holidays.

·         It was also recommended, in response to an issue raised by the UK Without Incineration (UKWIN) pressure group and as suggested by the applicant, that an additional condition should also be included in respect of the verification of R1 status and compliance thereafter. (R1 denoting that the facility would sit within the ‘other recovery’ category of the EU ‘Waste Hierarchy’).

·         Other issues raised by UKWIN were that climate change and the effect on tourism had not been sufficiently covered. He considered that there was sufficient information for the purposes of determining the planning application and it was noted that there was no specific requirement in the National Planning Policy Framework (NPPF) to balance harm to tourism against public benefits as there was for heritage assets and that, in terms of specific planning designations in respect of tourism, the only reference in the Council’s Replacement Unitary Development Plan (RUDP) was to the Leeds Liverpool Canal.

The Assistant Director gave a full presentation on  ...  view the full minutes text for item 66.

Previous references:           Minute 52 (2015/16)

                                                6 October 2016

The Assistant Director - Planning, Transportation and Highways will present a report (Document “AG”) in relation to a full planning application for alterations and extensions to existing mill buildings to create a mixture of residential and commercial uses including a crèche, spa/gym and restaurant together with 20 new build houses and 6 new build apartments and ancillary infrastructure at Greenholme Mills, Iron Row, Burley in Wharfedale – 15/03339/MAF.

The report explains that the application had been granted planning permission previously, in February 2016, further to consideration by this Committee, on 4 November 2015, and the completion of an associated Section 106 legal agreement. However, further to an application for a Judicial Review, a Consent Order had been made on 29 June 2016 which had the effect of quashing the permission thus necessitating its reconsideration.

The application had therefore been submitted to the meeting of this Committee held on 6 October 2016 when it had again resolved to approve the application. However, this decision had been made, in part, on the basis of policies set out in the emerging Local Plan Core Strategy (LPCS).  The LPCS currently has no legal effect as a consequence of a ‘Holding Direction’ which was issued by the Minister of State for Housing and Planning, under Section 21A of the Planning and Compulsory Purchase Act 2004 (inserted by Section 145(5) of the Housing and Planning Act 2016), on 10 October 2016.  The report now before the Committee therefore reflects the altered status of the LPCS.

The report also states that, as the site is within the Green Belt, the Secretary of State will have to be consulted to ensure that he is still content for the application to be determined by the Council as Local Planning Authority.

Recommended -

(1)       That the application be referred to the Secretary of State for Communities and Local Government under the provisions of the Town and Country Planning (Consultation)(England) Direction 2009 and, subject to him deciding not to call-in the application for determination, it be approved for the reasons and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

(2)       That the grant of planning permission be subject also to the completion of a legal planning obligation under Section 106 of the Town and Country Planning Act 1990, or such other lawful mechanism for securing the heads of terms as may be agreed in consultation with the City Solicitor, in respect of:

(i)            On-site affordable housing provision of 6 units at a level of discount on the open market value of the properties necessary to allow disposal of the properties to a Registered Social Landlord,

(ii)          The payment of a sum of £93,415 to the Local Planning Authority for the purpose of upgrading the existing educational infrastructure at Menston Primary School or Burley Oaks Primary School,

(iii)         The payment of a sum of £120,660 to the Local Planning Authority for the purpose  ...  view the full agenda text for item 67.

Wharfedale

Previous references:           Minutes 52 (2015/16) and 50 (2016/17)

The Assistant Director - Planning, Transportation and Highways presented a report (Document “AG”) in relation to a full planning application for alterations and extensions to existing mill buildings to create a mixture of residential and commercial uses including a crèche, spa/gym and restaurant together with 20 new build houses and 6 new build apartments and ancillary infrastructure at Greenholme Mills, Iron Row, Burley in Wharfedale – 15/03339/MAF.

The report explained that the application had been granted planning permission previously, in February 2016, further to consideration by this Committee, on 4 November 2015, and the completion of an associated Section 106 legal agreement. However, further to an application for a Judicial Review, a Consent Order had been made on 29 June 2016 which had the effect of quashing the permission thus necessitating its reconsideration.

The application had therefore been submitted to the meeting of this Committee held on 6 October 2016 when it had again resolved to approve the application. However, this decision had been made, in part, on the basis of policies set out in the emerging Local Plan Core Strategy (LPCS).  The LPCS currently had no legal effect as a consequence of a ‘Holding Direction’ which had been issued by the Minister of State for Housing and Planning, under Section 21A of the Planning and Compulsory Purchase Act 2004 (inserted by Section 145(5) of the Housing and Planning Act 2016), on 10 October 2016.  The report now before the Committee therefore reflected the altered status of the LPCS.

The report also stated that, as the site was within the Green Belt, the Secretary of State would have to be consulted to ensure that he was still content for the application to be determined by the Council as Local Planning Authority.

The Assistant Director reported on the substance of additional representations received further to the publication of his written report. One, from the Parish Council, expressed support for the redevelopment of the mill. The other, in objection, raised various issues including reference to the underlying policy intentions of both Policy E4 and the wider Replacement Unitary Development Plan (RUDP) and the status of Core Strategy Policy EC4 and the evidence base underlying it in respect of the retention of employment land, and that the development should be put on hold until the Holding Direction on the Core Strategy was resolved.

It was noted that all Members of the Committee had previously visited the site.

The Assistant Director responded to questions from Members as follows:

·         Limited weight could be placed on the version of the Burley in Wharfedale Parish Council Neighbourhood Plan that had been available at the time the report was written.  It was understood that the process had moved forward since this time so slightly more weight could now be placed on it.  The development of this plan would not be held up by the Holding Direction.

·         The plan had been lodged with the Local Planning Authority and  ...  view the full minutes text for item 67.

The Assistant Director – Planning, Transportation and Highways will submit a report (Document “AH”) in relation to a planning application for a mixed use development at Bridgehouse Mills, Bridgehouse Lane, Haworth – 15/07479/MAF and an associated application for Listed Building Consent for partial demolition and alterations to this Grade II Listed building complex – 15/07481/LBC.

The development would comprise the change of use for residential purposes; the alteration, conversion, extension and partial demolition of the existing mill buildings to develop 45 retirement living apartments; the construction of 77 new dwellings including associated access arrangements; the construction of an extension to the existing industrial building accommodating Airedale Springs; the construction of a new factory for Wyedean Weaving; junction improvement works; landscaping works; flood water storage works; provision of parking and links to public footpaths.

The report states that, as part of the site is within the Green Belt, if the Committee is minded to approve the planning application (15/07479/MAF) the Secretary of State will have to be consulted to allow him to call-in the application for determination if he considers this to be necessary.

Recommended –

(i)        15/07479/MAF

(1)       That the application be referred to the Secretary of State for Communities and Local Government under the provisions of the Town and Country Planning (Consultation)(England) Direction 2009 and, subject to him deciding not to call-in the application for determination, it be approved for the reasons and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

(2)       That the grant of planning permission be subject also to the completion of a legal planning obligation under Section 106 of the Town and Country Planning Act 1990, or such other lawful mechanism for securing the heads of terms as may be agreed in consultation with the City Solicitor, in respect of:

(i)            The provision of 5 units at a discount of 20% on the open market value of the properties, subject to occupancy restrictions           (properties to be offered to people who have not previously been a home buyer and want to own and occupy a home and who are below the age of 40 at the time of purchase) and appropriate restrictions being put in place to ensure that these starter homes are not re-sold or let at their open market value for five years following the intial sale,

(ii)          The maintenance and management of the Public Open Space and Flood Storage Area provided as part of the development and described as Bridgehouse Beck Park, in accordance with details which shall be submitted to the Local Planning Authority for approval in writing,

the legal planning obligation to contain such other ancillary provisions as the Assistant Director - Planning, Transportation and Highways (after consultation with the City Solicitor) considers appropriate.

(ii)       15/07481/LBC

Recommended –

That the application for Listed Building Consent be approved for the reasons and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.  ...  view the full agenda text for item 68.

Worth Valley

The Assistant Director – Planning, Transportation and Highways submitted a report (Document “AH”) in relation to a planning application for a mixed use development at Bridgehouse Mills, Bridgehouse Lane, Haworth – 15/07479/MAF and an associated application for Listed Building Consent for partial demolition and alterations to this Grade II Listed building complex – 15/07481/LBC.

The report explained that the development would comprise the change of use, alteration, conversion, extension and partial demolition of the existing mill buildings to develop 45 retirement living apartments; the construction of 77 new dwellings including associated access arrangements; the construction of an extension to the existing industrial building accommodating Airedale Springs; the construction of a new factory for Wyedean Weaving; junction improvement works; landscaping works; flood water storage works; provision of parking and links to public footpaths.

The report stated that, as part of the site was within the Green Belt, if the Committee was minded to approve the planning application (15/07479/MAF) the Secretary of State would have to be consulted to allow him to ‘call-in’ the application for determination if he considered this to be necessary.

In response to questions from Members, the Assistant Director indicated on the plans and photographs which parts of the mill goit had already been lost, those that would be lost as a result of the proposed development and the part that would be retained, exposed and interpreted.  He also explained that:

·         38 of the 122 dwellings proposed would be sited within the Green Belt.

·         It was not known how long the Eastern mill buildings had been empty.  Most of the Eastern building was unoccupied.  A full survey of the state of the building and various structural surveys had been submitted so the condition was known and parts had been deemed to be unsafe.  Historic England had also surveyed the buildings.

·         The keystones in the archway (at the entrance) had slipped.  There was a culvert underneath the area which had collapsed and there had been significant differential movement.

·         There was an immediate need for remedial work to be undertaken to make the building safe.

·         Flood modelling had been undertaken by the applicant.  The culvert under the railway line was a restricting point.  The storage that would be provided upstream would compensate for the area being built upon with a net nil effect upon flood risk downstream and no increase in risk in the immediate vicinity.

·         The drainage system would connect into Bridgehouse Beck with flow at a limited rate of 5 litres per second per hectare mimicking what currently came off the site.

·         Remedial work had been undertaken to the building after a fire in 2001 but full reinstatement had not been possible and the upper floor had been lost.  This would be reinstated as part of this application along with associated features.

·         A phasing plan would be required; the new industrial building would have to be provided, to allow the relocation of the existing manufacturing company, prior to the mill buildings becoming fully vacant.  ...  view the full minutes text for item 68.