Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 13th September, 2018 10.00 am

Venue: the Banqueting Hall - City Hall, Bradford. View directions

Contact: Sheila Farnhill 

Items
No. Item

38.

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:

No disclosures of interest in matters under consideration were received.

 

39.

MINUTES

Recommended –

 

That the minutes of the meetings held on 5 April 2018 be signed as a correct record.

 

(Sheila Farnhill – 01274 432268)

Minutes:

Resolved –

 

That the minutes of the meetings held on 5 April 2018 be signed as a correct record.

 

40.

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. 

 

(Sheila Farnhill - 01274 432268)

Minutes:

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

 

41.

MEMBERSHIP OF SUB-COMMITTEES

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

 

                                                            (Sheila Farnhill – 01274 432268)

Minutes:

No resolution was passed on this item.

 

42.

BRITANNIA MILLS, PORTLAND STREET, BRADFORD pdf icon PDF 339 KB

The Assistant Director - Planning, Transportation and Highways will present a report (Document “V”) in relation to a full application for the construction of a new sixth form college with associated changes to site access (vehicular and pedestrian), provision of car parking, associated landscaping and engineering works at Britannia Mills, Portland Street, Bradford – 18/02214/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)

Minutes:

The Assistant Director - Planning, Transportation and Highways introduced Document “V” which proposed the construction of a new sixth form college with parking provision, landscaping and engineering works at Britannia Mills, Portland Street, Bradford.  He reported that there was a mix of buildings in the area of a similar height, however, the levels on Nelson Street differed and there was a significant drop to the site in question.  Access would be gained via Portland Place and West Yorkshire Police had raised concerns in respect of the potential for vehicles to collect and drop off students on Clifford Street.  Double yellow lines were sited on Clifford Street and Nelson Street and the site’s location next to the police station would deter illegal parking.  Members were informed that the Council’s Highway’s Department had not raised any highway safety concerns and the proposal would not impact upon the operation of the police station.  The application included under croft parking and a traffic island to prevent cars turning right onto Nelson Street when leaving the college.  The Assistant Director - Planning, Transportation and Highways confirmed that the proposed building would be five storeys, with a roof line matching that of the police station and the Area Action Plan identified that the site could accommodate tall buildings.  He acknowledged that the site had been allocated for recreational use and previously identified for the Council’s new swimming pool, however, the land was no longer required as a new site had been found on Huddersfield Road.  No enquiries had been received from private pool developers and there was a need for education buildings, as sixth form facilities in schools were closing, therefore, the use of the site as a college was justified.  The Assistant Director - Planning, Transportation and Highways stated that information had been submitted in relation to drainage and construction plans, which the Council’s Drainage Team had confirmed were acceptable, therefore, conditions 4, 5 and 6 were no longer required.  He explained that issues had been raised in respect of the construction phase and parking around the site.  Additional parking facilities on the site had been requested and the vehicle wheel washing proposal was not satisfactory, therefore, condition 12 would remain on the application.  The application was then recommended for approval, subject to the conditions as set out in the officer’s report with the omission of conditions 4, 5 and 6.        

 

In response to Members’ queries, the Assistant Director - Planning, Transportation and Highways confirmed that:

 

·         The site had not been marketed for recreational use as the Council had previously agreed to construct a swimming pool and a culvert ran under the land.  The new scheme proposed that the accommodation would be situated at Nelson Street level and above due to the associated issues. 

·         The only other suitable site was on Thornton Road, however, it was not in a sustainable location.  A sequential test had been undertaken in relation to the swimming pool application and the same principles applied to the new submission.

·         The Council  ...  view the full minutes text for item 42.

43.

THE HARE AND HOUNDS, 47 BRADFORD ROAD, MENSTON pdf icon PDF 463 KB

The Assistant Director - Planning, Transportation and Highways will submit a report (Document “W”) in relation to a full application for the demolition of a public house and the creation of specialist accommodation comprising apartments with care, communal facilities, parking and associated private amenity space for persons aged 60 and over at the Hare and Hounds, 47 Bradford Road, Menston – 18/01556/MAF.

 

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

 

            Occupancy of the apartments being restricted to a C2 use for people over the age of 60 only,

           

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)

 

Minutes:

The Assistant Director - Planning, Transportation and Highways presented a report (Document “W”) that proposed the demolition of the Hare and Hounds public house and creation of specialist accommodation with care, communal facilities, parking and associated private amenity space for persons aged 60 and over.  He explained that the site was located in a residential area with a car showroom and ambulance station opposite.  The proposed development would be a large substantial building providing 71 flats with on care facilities and the verge area adjoining the site would be used in a future highways scheme.  The boundary treatments to the residential properties were trees and bushes and the landscape condition would not alter the privacy provision.  The use of the site would be less intensive and the car park would be reduced to 41 spaces.  The building would be contemporary in design in order to break the line of the building and be three storeys high, which was one more than the current building. 

 

The Assistant Director - Planning, Transportation and Highways reported that a number of representations had been submitted and in response confirmed that the culvert on the site would be diverted; the ambulance station would not be impinged; and the use of the site would be less intensive.  He confirmed that the proposal met a specific type of tenure as all 71 flats would have on site care.  The application would be exempt from Community Infrastructure Levy (CIL) and affordable housing, however, the applicant had agreed to the provision of a Section 106 Agreement to ensure the occupancy of the apartments was restricted to the over 60s.  The application was then recommended for approval, subject to the Section 106 Agreement and conditions as set out in the officer’s report.

 

In response to Members’ queries, the Assistant Director - Planning, Transportation and Highways confirmed that:

 

·         The proposed balconies did not face onto habitable windows and the distance to the boundaries was 20 metres at the closest point, which was appropriate.

·         The third floor would be at a similar height to that of the trees and the balconies only provided standing room.  The distance was adequate and there were no issues of overlooking.

·         There was provision within the CIL Regulation 123 List for CIL money to be used, however, it was new and there was not a great deal of funds available.  The Council would have to take a view of what to spend the CIL money on in the future.

·         The previous parking provision was not known, however, it had been a large car park and probably double the proposed provision.

·         The parking restrictions on Bradford Road would be retained and nothing had been proposed that gave cause for concern. 

·         42 car parking spaces would be provided for 71 flats with a mix of bedrooms, which equated to less than one space per flat and fell within the guideline coverage.

·         If the proposal was not viable the developer would have to apply to change the use  ...  view the full minutes text for item 43.