Councillor Warburton disclosed an interest in respect of the item relating to Land to the South of Woodlands CE Primary School (Minute 80) as he had objected to a development in an adjoining Local Authority that was linked with this application. He therefore withdrew from the meeting during the consideration of this item in accordance with the provisions of Part 4B of the Constitution (Members and Officer Planning Code of Conduct).

Councillor Lee disclosed that she had been made aware that allegations had been made in respect of her sitting as a Member of the Committee in relation to the application concerning Land at Goose Cote Lane, Keighley (Minute 77). She strongly refuted any such allegations and stated that she would consider the application with an open mind and on its merits. Any such allegations should be addressed to her directly so that they could be referred to her legal advisor.

In the interests of transparency, Councillors Amran and Brown disclosed that they had been in receipt of communication from several parties in relation to the application concerning Land at Goose Cote Lane, Keighley (Minute 77). They had not entered into dialogue with these individuals nor expressed an opinion and stated that they would consider the application with an open mind and on its merits.

In the interests of transparency, Councillor Miller disclosed that, having lived in this area for a lengthy period, he may know people associated with any of the applications but he had not discussed any of the applications now before the Committee for determination with any interested parties and would consider all applications on their merits.

During the meeting, and in the interests of transparency, Councillor Lee disclosed in relation to the application concerning Land to the South of Woodlands CE Primary School (Minute 80), that she was a Governor of a Catholic School and thus had contact with the Diocese but had not discussed this application with anyone.

ACTION:       City Solicitor

Recommended –

That the minutes of the meeting held on 11 January 2018 be signed as a correct record.

(Sheila Farnhill – 01274 432268)

Resolved –

That the minutes of the meeting held on 11 January 2018 be signed as a correct record.

ACTION:       City Solicitor

(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.

NO ACTION

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

                                                            (Sheila Farnhill – 01274 432268)

Resolved -

(1)       That Councillor M Pollard replace Councillor Miller as a Member of the Area Planning Panel (Keighley and Shipley).

(2)       That Councillor Brown replace Councillor M Pollard as an Alternate Member of the Area Planning Panel (Keighley and Shipley).

(3)       That Councillor Lee replace Councillor Wainwright as a Member of the Area Planning Panel (Bradford) and as Deputy Chair and Councillor Wainwright replace Councillor Lee as an Alternate Member.

ACTION:       Interim City Solicitor

The Assistant Director - Planning, Transportation and Highways will present a report (Document “AM”) in respect of an outline planning application for residential development (all matters of detail reserved except access) of 100 market dwellings, 30 affordable sheltered dwellings and associated infrastructure and landscaping works on Land to the South of Goose Cote Lane, Keighley – 18/00214/MAO.

Recommended –

That the application be refused for the reasons set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

                                                                        (John Eyles – 01274 434380)

The Assistant Director - Planning, Transportation and Highways presented a report (Document “AM”) in respect of an outline planning application for residential development (with all matters of detail reserved except access) of 100 market dwellings, 30 affordable sheltered dwellings and associated infrastructure and landscaping works on land to the south of Goose Cote Lane, Keighley – 18/00214/MAO. A range of plans and photographs were displayed.

The Assistant Director explained that, further to negotiation with the applicant, the objection made by Highway Development Control, and thus the fifth proposed reason for refusal, had now been withdrawn.  The applicant had agreed to fund the necessary works to address the highway issues.

He reported on the receipt of a number of further representations, since the publication of his technical report, including an objection from a Shipley Ward Councillor.  There had now been a total of 185 objections to the proposed development and 8 representations expressing support.

He also reported on the substance of correspondence from the applicant’s agent, which raised issues in relation to the very special circumstances that he considered applied in this case and the proposed reasons for refusal. The Assistant Director responded to those issues as follows:

·         The contribution to the housing land supply in the district with a particular emphasis on affordable housing/specialist housing for older people was acknowledged but the need for additional housing had not been accepted as a very special reason to justify development in the Green Belt in the past and could set a precedent. Housing need and the provision of housing for older people could be met by other sites in and around the area. It was not appropriate to approve development on a piecemeal basis outside the Allocations Development Plan Document (DPD) process and the associated Green Belt Review, which would allow all sites to be considered objectively and scored according to a number of criteria including sustainability. This site would meet the basic criteria in terms of sustainability but unless considered alongside all available sites the Local Planning Authority could not be sure that it was taking the best opportunity to permit development of sites in an appropriate and timely manner. There were other sites in the area that were better connected.

·         The Allocations DPD was progressing but not to a point whereby it could be afforded any weight in determining applications. The inclusion of this site in the Strategic Housing Land Availability Assessment (SHLAA) was not relevant; the purpose of this document was to provide background information to inform the Core Strategy.

·         This was not an ‘infill’ site as two thirds of the boundary abutted open countryside.

·         It was accepted that the scheme may well be deliverable but no assessment had been submitted to confirm this assertion and this was not, in any case, a reason to override the Green Belt allocation.

·         The officer assessment had been that the development would harm the character of the landscape. It was accepted that the applicant had taken on board the comments  ...  view the full minutes text for item 77.

The Assistant Director - Planning, Transportation and Highways will submit a report (Document “AN”) in relation to a full planning application for the change of use of an existing disused care home to 14 one and two bedoom apartments at Ivy House Nursing Home, 6 Hollin Wood Close, Shipley – 17/06421/MAF.

Recommended –

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.

                                                                        (John Eyles – 01274 434380)

The Assistant Director - Planning, Transportation and Highways submitted a report (Document “AN”) in relation to a full planning application for the change of use of an existing disused care home to 14 one and two bedoom apartments at Ivy House Nursing Home, 6 Hollin Wood Close, Shipley – 17/06421/MAF. A range of plans and photographs were displayed.

The Assistant Director reported on an objection from one of the Ward Councillors received further to the publication of his written report. He explained that:

·         The hedge on the boundary was, in the main, to be retained.

·         A condition in respect of the provision of electric vehicle charging points was also proposed. 

·         The Local Planning Authority did not have a policy in respect of the provision of solar heating panels.

The applicant’s agent made the following comments:

·         The scheme involved the re-use of a vacant building in a very sustainable location.

·         The development met the relevant policy requirements. It would make a positive contribution to the district’s housing stock and offer different options to meet local need.

·         The existing extension would be removed to facilitate a better layout and additional car parking.

·         The concerns in respect of potential overlooking had been addressed.

·         It was considered that this scheme would result in a reduction in the number of associated vehicle movements in comparison with the previous use.

·         The applicant had a Green Energy Strategy and, in principle, would be willing to consider the implementation of such measures in consultation with the planning officers although it was understood that it would be difficult to fit solar panels to the roof in this instance.

·         All the proposed conditions were acceptable.

Resolved –

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.

ACTION:       Assistant Director - Planning, Transportation and Highways

A report will be submitted by the Assistant Director - Planning, Transportation and Highways (Document “AO”) in respect of an outline planning application, with all matters reserved other than access, for the construction of 14 dwellings and a veterinary surgery on land off Ashlands Road, Ilkley – 16/04629/MAO.

Recommended –

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.

                                                                        (John Eyles – 01274 434380)

A report was submitted by the Assistant Director - Planning, Transportation and Highways (Document “AO”) in respect of an outline planning application, with all matters reserved other than access, for the construction of 14 dwellings and a veterinary surgery on land off Ashlands Road, Ilkley – 16/04629/MAO. A range of plans and photographs were displayed.

The Assistant Director explained that the Environment Agency had now formally withdrawn its objection to the application but had recommended the inclusion of an additional condition in respect of measures to reduce flooding risk. He also reported the receipt of an additional objection which addressed similar issues to those already raised.

He replied to Members’ questions:

·         Access from Leeds Road would be maintained as a footpath only access to nearby allotments and to provide a walking route to the top part of the development.

·         The plan appeared to indicate the provision of 26 parking spaces for the veterinary practice.

A written representation from one of the Ward Councillors which raised concerns about the proposals was read to the Committee. It was noted that although public access was currently permitted to the site it was not allocated recreation land.

The Assistant Director said that:

·         A mix of units was proposed to be provided; the indicative plan showed four 2 bed, four 3 bed and six 4 bed dwellings; this would be considered in detail at a later stage.

·         Yorkshire Water had expressed reservations about the siting of residential development adjacent to the Waste Water Treatment Works. Environmental Health had not objected to the scheme and both objective and subjective assessments had been undertaken.  Anecdotal evidence suggested that any problems were associated with tankers and were of a limited duration.

He also responded to further questions from Members:

·         This was an outline application and the mix of units proposed would not be established by this permission. If there was a need to respond to a particular need in the area this would be considered and assessed against the relevant policy requirements. The Reserved Matters application could be submitted to this Committee if Members considered that this would be appropriate.

·         The site was within Flood Zone 3 but the applicant’s hydraulic modelling of Backstone Beck and the River Wharfe, including the land changes proposed, had indicated no increase in flood risk; swales were also to be provided.

·         The footprint of the veterinary surgery was quite substantial. The Practice was currently accommodated in a Victorian building that was in fairly intensive use. In principle officers were satisfied with the proposed level of parking provision; this could be considered in more detail once the actual square meterage of the building was firmly established.

The agent commented that:

·         The officer’s report was comprehensive and well balanced.

·         The proposals had been considered in detail by professional officers who recommended approval.

·         The scheme had been developed over a number of years in consultation with the Local Planning Authority, the Environment Agency and consultees.

·         All issues had been addressed and  ...  view the full minutes text for item 79.

A report will be presented by the Assistant Director - Planning, Transportation and Highways (Document “AP”) in relation to an outline planning application for the provision of a school car park for Woodlands CE Primary School (linked to an application within the Kirklees district for the redevelopment of a former waste water treatment works off Cliff Hollins Lane, following demolition of existing structures, to provide employment uses Classes B1(C), B2 and B8) on land to the South of Woodlands CE Primary School, Mill Carr Hill Road, Oakenshaw, Bradford – 16/06146/MAO.

Recommended –

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.

                                                                        (John Eyles – 01274 434380)

A report was presented by the Assistant Director - Planning, Transportation and Highways (Document “AP”) in relation to an outline planning application for the provision of a school car park for Woodlands CE Primary School (linked to an application within the Kirklees district for the redevelopment of a former waste water treatment works off Cliff Hollins Lane to provide employment uses) on land to the south of Woodlands CE Primary School, Mill Carr Hill Road, Oakenshaw, Bradford – 16/06146/MAO. A range of plans and photographs were displayed.

The Assistant Director explained that the car park was a desirable mitigation measure associated with the application within the adjoining district for the re-development of a former waste water treatment works. He reported on the substance of an additional 75 objections received since the publication of his report, which included 60 copies of a standard letter and representations on behalf of the Governors of the Primary School and the Diocese of Leeds.

He responded to questions from Members, as follows:

·         There would be parking provision for employees of the employment uses on the redeveloped site of the waste water treatment works.

·         The description on the application stated that this would be a school car park and a condition could be imposed that it be solely for the use of the school. It was acknowledged, however, that this may be difficult to enforce and would be part of the management arrangements for the car park once in place.

·         A condition was proposed requiring the installation of a gate to prevent unauthorised access and this could be closed outside school operating times.

·         This provision was not key to the development of the waste water treatment works site which could go ahead regardless. If the application was granted but the school refused to accept the car park then the permission could just remain unimplemented. The land belonged to the developer.

·         The school had objected to the application.

·         The site was within the Green Belt and, if approved, the Reserved Matters application would have to deal with landscaping to mitigate the impact of the development.

A representative of the Diocese of Leeds Board of Finance addressed the Committee:

·         The Diocese was a Trustee of Woodlands CE Primary School and thus one of the stakeholders but had not been consulted by the developer in respect of these proposals; this was very disappointing.

·         There were major concerns in respect of the safety of local residents, parents and children.

·         The Diocese fully supported the Leadership Team and the Governors of the Primary School in their response to the proposals. Safety was the prime concern.

·         There had been no communication from the developer in relation to a number of important issues such as security and safety.

A representative of the School raised the following concerns:

·         The proposal was considered to be unacceptable; the School’s views had not been given due consideration.

·         The proposals would create a safety risk.

·         Existing congestion would be exacerbated and lead to hazardous conditions.

·         Insufficient  ...  view the full minutes text for item 80.

The report of the Assistant Director - Planning, Transportation and Highways (Document “AQ”) considers a full planning application for the development of a new caravan and cabin park on Land between Silsden Beck and the River Aire to the East of Keighley Road, Silsden – 17/06814/MAF.

Recommended –

That the application be refused for the reasons set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

                                                                        (John Eyles – 01274 434380)

The report of the Assistant Director - Planning, Transportation and Highways (Document “AQ”) considered a full planning application for the development of a new caravan and cabin park on Land between Silsden Beck and the River Aire to the East of Keighley Road, Silsden – 17/06814/MAF. A range of plans and photographs were displayed.

The Assistant Director reported the receipt of a further representation since the publication of his technical report. He also updated the Committee on the substance of additional comments from the Urban Design Officer and Environmental Health.

In response to Members’ questions, he said that the site was a restored landfill site and, if approval was to be granted, it would have to be subject to a full site investigation. Technical solutions would be available in order to permit the site to be used safely, however the feasibility of those solutions was not known.

The applicant spoke in support of the application:

·         Section 9 of the National Planning Policy Framework (NPPF) stated that the Local Planning Authority should plan positively for outdoor recreation and improve damaged and derelict land.

·         Caravanning and ‘glamping’ came within the definition of outdoor recreational activity.

·         The development would bring about benefits for ecology and tourism.

·         There were local footpaths and the site had fishing rights nearby.

·         The landscape would be enhanced by additional planting.

·         It had now been accepted that the site was within Flood Zone 2. Clarification of how this designation was reached had been requested but not received. Information had been provided to demonstrate that the site did not flood and would not flood. The site could be evacuated if there was a red alert.

·         Access would be achieved via the same road as existing residential development and a local Cricket Club.

·         The application met the Sequential Test. This was the only Flood Zone 2 area in the valley bottom between Keighley and Skipton.

·         The tree planting would assist with drainage and would also have ecological benefits. A kilometre of hedgerow planting had been undertaken and stone walls rebuilt; more planting would be undertaken in future.

·         In respect of Policies DS1 and DS2; Google Maps illustrated the improvements made to the site since it was acquired; it was not part of the urban sprawl but was rural in nature.

·         The trees would enhance the area.

·         It was an old landfill site/sewage works and had been a derelict site.

·         The necessary distance and visibility splays could be achieved for the access/egress.

Further to a question from a Committee Member he confirmed that the units would be for holiday rentals not on a long term basis.

In response, the Assistant Director explained that:

·         The issue of whether this use was appropriate in the Green Belt had been considered but existing case law did not support this conclusion.

·         The site was within both Flood Zones 2 and 3. There had been a range of correspondence on this issue but the Local Planning Authority had to rely on the  ...  view the full minutes text for item 81.

Previous reference: Minute 51 (2016/17)

A report will be presented by the Assistant Director - Planning, Transportation and Highways (Document “AR”) in relation to an application for outline planning permission for the demolition of existing buildings and the construction of up to 142 dwellings on Land at the Former Riverside Works, Keighley Road, Silsden – 16/03804/MAO.

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 Interim City Solicitor, in respect of:

(i)            Payment of a contribution of £348,439 for the provision of off-site affordable housing in Craven Ward, or an adjacent ward,

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

(iii)         Entering into an agreement under Section 278 of the Highways Act 1980 in respect of related off-site highway works,

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

                                                                        (John Eyles – 01274 434380)

Previous reference:Minute 51 (2016/17)

A report was presented by the Assistant Director - Planning, Transportation and Highways (Document “AR”) in relation to an application for outline planning permission for the demolition of existing buildings and the construction of up to 142 dwellings on Land at the Former Riverside Works, Keighley Road, Silsden – 16/03804/MAO.

The Assistant Director reported on the substance of 5 additional representations received in objection to the application.  He also explained that since the original resolution to grant outline planning permission in October 2016 a financial viability report had been submitted on behalf of the applicant which indicated that the development was not viable with the payment of CIL (Community Infrastructure Levy) and the affordable housing provision.  An independent review of this report by valuers acting on behalf of the Council had concluded that the development was capable of contributing £348,439, together with the relevant CIL payment, and it was recommended that this be used for the provision of affordable housing within this or the adjacent wards.

In response to a Member’s question he said that he understood that there was a proposal that the existing primary schools in Silsden may merge and that this would facilitate future expansion.

A Town Councillor tabled photographs to illustrate his points and outlined the following concerns:

·         Significant flooding had occurred in December 2015 in the vicinity of this site.

·         Neighbours had implemented measures to try and keep flood water out of their properties. The photographs showed the flooding and the land levels and how they dropped away from the site. It was considered that the development of housing on this site and the surrounding land would exacerbate the flooding issues.

·         The proposals by the developer for 300mm floor levels would not be sufficient to protect new housing from flooding.

·         The culvert had backed up resulting in damage to a concrete bridge and walling and causing flooding to the main Silsden road.

·         It was questioned why a second culvert had not been installed; this issue had been raised previously.

·         The issues with broken and blocked drains should be addressed.

Another Town Councillor questioned why the scheme had now become unviable as land values and house prices had risen since July 2017. Also why had the Section 106 legal obligation associated with the application not been signed? It appeared opportunistic and it was queried whether this would have happened had CIL not been introduced.

The Assistant Director explained that the outline planning application had been submitted by a development company; this was not unusual. This company had not intended to undertake the development of the site and had believed that the Section 106 contributions could be supported. A national house builder had become involved, further to the determination of the outline application, which had led to a more accurate assessment of costs being undertaken and it had been established that there were additional development costs above the level that would normally be the case and the level which was  ...  view the full minutes text for item 82.