Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 15th November, 2018 10.00 am

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

Contact: Sheila Farnhill 

Items
No. Item

56.

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:

In the interests of transparency, Councillor R Ahmed disclosed, in relation to the item concerning Former Wapping First School, Wapping Road, Bradford (Minute 60) that he had been a student at the school, however, he had not discussed the application with anyone or expressed a view.

 

In the interests of transparency, Councillor R Ahmed disclosed, in relation to the item concerning Land at Dick Lane, Bradford (Minute 62), that he had worked in the vicinity of the site but he had not discussed the application with anyone nor expressed an opinion.

 

ACTION:       City Solicitor

 

57.

MINUTES

Recommended –

 

That the minutes of the meetings held on 14 May and 31 May 2018 be signed as a correct record.

 

(Sheila Farnhill – 01274 432268)

Minutes:

Resolved –

 

That the minutes of the meetings held on 14 May and 31 May 2018 be signed as a correct record.

 

 

58.

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.

 

 

59.

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.

 

60.

FORMER WAPPING FIRST SCHOOL, WAPPING ROAD, BRADFORD pdf icon PDF 532 KB

A report will be submitted by the Assistant Director - Planning, Transportation and Highways (Document “AE”) in respect of an outline planning application (18/00861/MAO) and an associated application for Listed Building Consent (18/01396/LBC) for the demolition of the existing school buildings and school house (Grade II Listed) and the erection of a three storey residential building for up to 90 students, a two storey educational teaching building and the construction of a car park at the former Wapping First School, Wapping Road, Bradford.

 

Recommended –

 

(i)         18/00861/MAO

 

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

 

(ii)        18/01396/LBC

 

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

 

                                                                        (John Eyles – 01274 434380)

Minutes:

A report was submitted by the Assistant Director - Planning, Transportation and Highways (Document “AE”) in respect of an outline planning application (18/00861/MAO) and an associated application for Listed Building Consent (18/01396/LBC) for the demolition of the existing school buildings and school house (Grade II Listed) and the erection of a three storey residential building for up to 90 students, a two storey educational teaching building and the construction of a car park at the former Wapping First School, Wapping Road, Bradford.

 

The Assistant Director - Planning, Transportation and Highways informed Members that a letter from the applicant’s representative had been received following the publication of the report which covered the recent history of the school; the background to the ownership, criminal activity in the area and the work of the applicant.  It was explained that the outline application proposed the construction of educational buildings, accommodation and a car park and the associated Listed Building Consent was for the demolition of the existing school buildings.  There were residential properties in the area and land under the ownership of the applicant.  It was a sloped site and the proposed access would be via Prospect Road.  It was noted that limited information had been submitted as the application was outline, however, the footprint of the proposed scheme would be more or less the same as the existing buildings. 

 

The Assistant Director - Planning, Transportation and Highways reported that the principle of construction for educational and student accommodation was supported, however, objections had been received from all the heritage consultees.  Bats had been found on the site, surveys had been undertaken and the mitigation proposals were acceptable.  Representations had been submitted in support of the application, including Ward Councillors and against the proposal and the details were included in the officer’s report.  A substantial amount of history was associated with the listed buildings and due regard had to be given to Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.  The application proposed the demolition of the buildings with the possible retention of the boundary wall and steps, however, concerns had been raised that this alone would not represent the history.  The Assistant Director - Planning, Transportation and Highways stated that a number of meetings had taken place in order to try to resolve the issues and look at possible options. Elements of the façade could be retained, but the heritage consultees and the applicant had reached an impasse and insufficient information had been received.  Members were informed that the National Planning Policy Framework (NPPF) stated that when considering applications that involved listed buildings “clear and convincing justification” was required.  The work of the applicant had significant merit, however, the tests to be met were for the benefit of the public at large and the scheme would be for the private use of the applicant.  The heritage consultees had significant concerns that no detailed proposals had been submitted in respect of the substitute buildings.

 

A  ...  view the full minutes text for item 60.

61.

SITE OF THE FORMER BRONTE SCHOOL, KEIGHLEY ROAD, OAKWORTH pdf icon PDF 474 KB

Previous reference:Minute 45 (2016/17)

 

The Assistant Director - Planning, Transportation and Highways will submit a report (Document “AC”) in respect of a planning application submitted under Section 73 of the Town and Country Planning Act 1990 – 18/02252/VOC.

 

The application relates to a residential development of 51 mixed tenure houses, including associated infrastructure, on the site of the former Bronte School, Keighley Road, Oakworth. (Planning permission was granted on 6 October 2016, Reference: 16/02526/MAF).

 

The report explains that the application is for a minor material amendment to the previously approved development through a variation of Condition 25 to substitute revised drawings. The revised drawings seek approval for the removal of two trees and retrospective regularisation for; the retention of an underground attenuation tank, alterations to the finished floor levels of Plots 35, 36, 39, 40, 41, 42 and 43, road level changes and the addition of gabion retaining walls.

 

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:

Previous reference:Minute 45 (2016/17)

 

The Assistant Director - Planning, Transportation and Highways presented Document “AC” in respect of a planning application submitted under Section 73 of the Town and Country Planning Act 1990 – 18/02252/VOC.

 

The application related to a residential development of 51 mixed tenure houses, including associated infrastructure, on the site of the former Bronte School, Keighley Road, Oakworth. (Planning permission was granted on 6 October 2016, Reference: 16/02526/MAF).

 

The report explained that the application was for a minor material amendment to the previously approved development through a variation of Condition 25 to substitute revised drawings. The revised drawings sought approval for the removal of two trees and retrospective regularisation for; the retention of an underground attenuation tank, alterations to the finished floor levels of Plots 35, 36, 39, 40, 41, 42 and 43, road level changes and the addition of gabion retaining walls. 

 

The Assistant Director - Planning, Transportation and Highways informed Members that 51 objections had been submitted, including one from the local MP and the issues were detailed within the officer’s report.  With regard to the gabion retaining walls he confirmed that they were acceptable and would not have an adverse effect on amenity.  They were stone faced, as the previously approved walls had been built from stone and had been constructed to the same height as those granted permission.  The road level changes consisted of minor modifications to the primary route through the site, which were in accordance with Section 38 requirements and acceptable to the Council’s Highways Department.  It was noted that the plot level changes were not largely visible or caused any issues.  The Assistant Director - Planning, Transportation and Highways reported that an application to remove one of the trees on the site had been submitted and approved by the Council’s Tree Officer, however, another had been damaged during the construction period.  It had been assessed and its removal agreed subject to the planting of additional trees on Keighley Road to fill the existing gaps.  The new trees would also be protected under a Tree Preservation Order.  Members were informed that the previous scheme had included an attenuation pond, however, a Health and Safety Review had been undertaken and this had resulted in the pond being replaced by an underground tank covered by an area of public open land.  A contribution of £10, 000 had also been suggested in order to mitigate the impact of the development on the North Yorkshire Moors.

 

The Assistant Director - Planning, Transportation and Highways then recommended the application for approval, subject to the conditions as set out in the report, the deletion of condition 10 and footnotes in respect of the obligations of the scheme and the proposed financial contribution.      

 

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

 

·         A condition relating to tree protection measures was in place, however, the tree damaged during the construction process had been of low value and, from a planning perspective, the  ...  view the full minutes text for item 61.

62.

LAND AT DICK LANE, BRADFORD pdf icon PDF 498 KB

The Assistant Director - Planning, Transportation and Highways will submit a report (Document “AD”) in relation to a full planning application for the construction of a function hall, comprising 2,450 square metres of floor space over three floors, on land at Dick Lane, Bradford – 17/06698/MAF.

 

The report explains that the access to the site will be taken directly off Dick Lane into a car park that will provide 293 parking spaces, 25 cycle spaces and 3 coach parking spaces.

 

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 presented a report (Document “AD”) in relation to a full planning application for the construction of a function hall, comprising 2,450 square metres of floor space over three floors, on land at Dick Lane, Bradford – 17/06698/MAF.

 

The report explained that the access to the site would be taken directly off Dick Lane into a car park that would provide 293 parking spaces, 25 cycle spaces and 3 coach parking spaces.

 

The Assistant Director - Planning, Transportation and Highways informed Members that three additional representations had been received since the report had been published.  He confirmed that Leeds City Council had been consulted in relation to the boundary and they had not raised any concerns.  With regards to the use class for the facility, D2 had been suggested and this would not raise any implications, as it would be a specific use for a function hall.  It was noted that there were residential properties and industrial buildings in the vicinity and around the site boundary.  The dwellings were a significant distance from the proposal and access to the venue would be from Dick Lane.  A noise survey had been submitted which stated that there would not be an impact on the houses and the Council’s Environmental Health Unit had concurred. 

 

The Assistant Director - Planning, Transportation and Highways explained that concerns had been raised in respect of the use of fireworks at events.  In response the applicant had submitted a Management Plan and confirmed that during an Asian wedding fireworks were only used at the point when the groom arrived.  The Council’s Environmental Health Unit had considered the proposal and was satisfied.  It was noted that a condition prohibiting the use of fireworks would not be enforceable, therefore, the management plan would have to cover such issues.  However, if fireworks were causing a statutory nuisance Environmental Health had statutory powers to deal with the matter.  Planting and an acoustic barrier would be placed on the boundary and was covered by a condition on the application.  The applicant had proposed measures to help mitigate the noise nuisance to residents that included a one way system for the car park, which would be located away from residential properties.  The Assistant Director - Planning, Transportation and Highways  reported that the Council’s Highways Department had requested a Traffic Regulation Order (TRO) to prohibit parking at either side of the access and an additional condition would need to be added if Members were minded to approve the application.  The application was then recommended for approval subject to the conditions as set out in the report and the additional condition for a TRO.      

 

Members were then informed that:

 

·         Data in relation to the parking requirement was still being gathered, however, there needed to be sufficient spaces to cover the approximate number that the venue could accommodate.  Spill over parking was a concern and was the reason behind the request for a TRO.

·         Sporting arenas, for example,  ...  view the full minutes text for item 62.