In the interests of transparency, Councillors Barker, Abid Hussain, Wainwright and Warburton disclosed, in respect of the item relating to Greenholme Mills, Iron Row, Burley in Wharfedale (Minute 50), 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 Yorkshire Regional Flood and Coastal Committee and the Airedale Drainage Commissioners.

(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 reference:  Minute 52 (2015/16)

The Assistant Director - Planning, Transportation and Highways will present a report (Document “AA”) 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 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 report sets out the circumstances and issues associated with the Consent Order and addresses the relevant issues in detail.

The report also states that, as the site is within the Green Belt, the Secretary of State will have to be consulted again 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 of upgrading the existing educational infrastructure at Ilkley Grammar School,

(iv)         The payment of a sum of £21,334 to the Local Planning Authority for the purpose of improving recreational infrastructure; to be used either towards the delivery of a new Multi Use Games Area on land to the west of Iron Row or for drainage works, footpath works and fencing at Iron Row Recreation Ground and Burley Park,

(v)          On-site Recreation/Open Space Provision:

(a)  Provision of a ‘Public Plaza and Gardens’ in the area shown on the ‘Landscape Management Plan’, to be made available and accessible for public use in perpetuity  ...  view the full agenda text for item 50.

Previous reference:Minute 52 (2015/16)

The Assistant Director - Planning, Transportation and Highways presented a report (Document “AA”) 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. He referred to numerous photographs, floorplans, elevations and layout plans in doing so.

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 report set out the circumstances and issues associated with the Consent Order and addressed the relevant issues in detail.

It also stated that, as the site was within the Green Belt, the Secretary of State would have to be consulted again 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 receipt of 90 additional letters of support for the application, since the publication of his report, a number of which had suggested that if development had to take take place in Burley then this was preferable on brownfield sites rather than greenfield or land allocated as Green Belt. He then responded to questions from Members, as follows:

·         The whole of the site fell within the Green Belt; he indicated the part of the site that had not been previously developed.

·         In respect of the potential for flooding of the basements; they had been deemed unsuitable for residential use and appropriate conditions were proposed in respect of the inclusion of flood resilience measures.

·         The type and the numbers of vehicles that would have accessed the site when it was in industrial use would be different than the proposed use.  The previous use would have generated a higher number of HGVs and employment use tended to lead to traffic movements at peak times whereas residential use produced a different pattern. It was noted that the site had not been used intensively in the recent past.

·         If the site was in full use with its existing designation the calculations indicated that there would be 85 vehicle movements in the a.m. peak and 75 during the p.m. peak.  The proposed use would generate 82 movements in the a.m. peak and 118 in the p.m. peak; this equated to two per minute so it was not considered that stacking on the A65 would be a problem. It was proposed that the existing gap in the central reservation be closed thus preventing traffic turning right from the A65 into the site.

The agent spoke  ...  view the full minutes text for item 50.

A report will be submitted by the Assistant Director - Planning, Transportation and Highways (Document “AB”) in relation to an outline application for the demolition of existing buildings and a residential development of up to 142 houses, with means of access to be considered, on land at the Former Riverside Works, Keighley Road, Silsden – 16/03804/MAO.

Appearance, landscaping, layout and scale are not for consideration at this stage.

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:

(i)            20% on-site affordable housing provision ( 2 and 3 bedroom units),

(ii)          The payment of a commuted sum of £265,299 for the improvement of educational infrastructure at primary level in Silsden,

(iii)         The payment of a commuted sum of £141,132 towards the enhancement of recreation facilities in Silsden; to be used towards the following priorities: (i) the provision of additional community facilities in Silsden to include bringing the existing structures in the park back into use and providing a new facility/flexible space for sports/meetings/changing rooms for those playing sports in the park; (ii) the retention of the Multi Use Games Area (MUGA) next to the Youth Centre in Eliot Street or towards general recreational facilities in Silsden Park,

(iv)         The payment of a contribution of £20,000 to mitigate impacts on sensitive habitats by bringing forward improvements on nearby footpath routes,

(v)          The payment of a contribution of £100,000 towards the provision of a footbridge to cross the A629.

(vi)         The payment of a contribution of £20,000 for the provision of two bus shelters for stop numbers 16917 and 16918,

(vii)       The safeguarding of the area of land adjacent to the proposed junction with Keighley Road, as shown hatched in red on Plan Reference: SIL-BWB-00-01-DR-TR-101 Rev P1, to provide for any improvements to the junction which may be required in future to facilitate access beyond the current application site,

(viii)      A Section 278 Agreement in respect of the delivery of necessary works on Keighley Road to facilitate access to the site,

            the legal planning obligation to contain such other ancillary provisions as the Strategic Director, Regeneration (after consultation with the City Solicitor) considers appropriate.

(John Eyles – 01274 434380)

A report was submitted by the Assistant Director - Planning, Transportation and Highways (Document “AB”) in relation to an outline application for the demolition of existing buildings and a residential development of up to 142 houses, with means of access to be considered, on land at the Former Riverside Works, Keighley Road, Silsden – 16/03804/MAO. It was noted that appearance, landscaping, layout and scale were not for consideration at this stage.

The Assistant Director reported on the substance of a further representation which raised, amongst other issues, the treatment of Japanese Knotweed.  He explained that one of the proposed conditions would require a detailed contamination survey to be undertaken and any Japanese Knotweed would be considered as part of that process along with any remediation that was necessary.

He also reported on additional comments made by one of the Ward Councillors which raised concern in respect of the proposed payment of monies to the West Yorkshire Combined Authority for the improvement of bus stops on Keighley Road.  It was believed that finance had already been secured for these improvements as part of previous planning permissions in the area and that this money (£20,000) should therefore be directed towards other infrastructure improvements instead.  The Assistant Director confirmed that these improvements had been a requirement of previous planning permissions.  Funding for one of the stops had been secured through the retail development on the opposite side of the road but there could not be any guarantee that the other developments would go ahead.

The Ward Councillor had also raised issues in respect of the flood attenuation proposals in light of the flooding that had taken place in the area over Christmas 2015. He explained the drainage as it currently affected the site and how run-off would be controlled through the use of vortex attenuation tanks.  The tanks would be of sufficient size so that if Silsden Beck was full the outflow would be minimised.  He also confirmed that all details of the drainage would be submitted for full consideration at the stage of a Reserved Matters application being submitted.

In response to questions from Members, the Assistant Director clarified that:

·         If any funding obtained through a Section 106 legal obligation was not spent it would have to be returned to the developer concerned after a certain period of time.  It could only be spent on the matters stated within the agreement.

·         A specific concern had been raised by the Town Council in relation to the width of the internal access road but this was not a matter for consideration at this stage and would be looked at when the application for Reserved Matters was submitted

·         The Town Council had also raised concern with respect to the position of the main point of access relative to the supermarket development on the other side of Keighley Road but Highways Development Control were satisfied that the proposed arrangements were acceptable.

·         In respect of the risk that one bus shelter may not be provided  ...  view the full minutes text for item 51.