Agenda and decisions

Regulatory and Appeals Committee
Thursday, 6th December, 2018 10.00 am

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

Contact: Sheila Farnhill 

Items
No. Item

2.

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.

3.

MINUTES

Recommended –

 

That the minutes of the meetings held on 21 June 2018 be signed as a correct record.

 

(Sheila Farnhill – 01274 432268)

4.

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)

5.

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)

Decision:

No resolution was passed on this item.

6.

LAND TO THE SOUTH OF LEAVENTHORPE LANE, BRADFORD pdf icon PDF 731 KB

The Assistant Director - Planning, Transportation and Highways will present a report (Document “AF”) in respect of an outline planning application for the construction of a residential development with public open space, landscaping and associated infrastructure, and including consideration of access, on land to the south of Leaventhorpe Lane, Bradford – 17/06897/MAO.

 

The report explains that the scheme is considered to be unacceptable due to concern in relation to the potential for flooding to take place on land outside the site.

 

Recommended –

 

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

 

                                                                        (John Eyles – 01274 434380)

Decision:

Resolved -

 

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

 

ACTION:       Assistant Director - Planning, Transportation and Highways

           

                                                                        (John Eyles – 01274 434380)

7.

TONG GARDEN CENTRE, TONG LANE, BRADFORD pdf icon PDF 628 KB

A report will be submitted by the Assistant Director - Planning, Transportation and Highways (Document “AG”) in respect of a full application for the demolition of existing canopies, walkways and glasshouse and the erection of a garden centre shop extension, replacement canopy, events space, indoor play area, store extension, lakeside cabins and a lakeside pavilion, and the improvement of the existing lake to form a wildlife area, at Tong Garden Centre, Tong Lane, Bradford – 18/02997/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)

Decision:

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 and subject to the amendment of condition 3 as follows:

 

g)        Arts, hobbies and crafts: Maximum floor area 617m2

l)          Garden clothing 383m2

 

ACTION:       Assistant Director - Planning, Transportation and Highways

           

                                                                        (John Eyles – 01274 434380)

8.

LAND AT HARDEN ROAD AND KEIGHLEY ROAD, HARDEN, BINGLEY pdf icon PDF 662 KB

Previous references:           Minutes 11  (2015/16) and 24 (2017/18)

 

The Assistant Director - Planning, Transportation and Highways will submit a report (Document “AH”) in relation to a Reserved Matters application for the construction of 28 dwellings including consideration of access (other than at Keighley Road), appearance, landscaping, layout and scale – 18/03868/MAR.

 

Members will recall that this application, and an associated request for a Deed of Variation to the Section 106 Legal Obligation attached to the outline planning permission (15/01039/MAO), were considered at the meeting of the Committee held on 19 July 2018, when it was resolved:

 

‘That the application be refused for the following reasons:

 

(i)         The development would cause harm to the setting of the Grade II Listed Buildings at Crowther Fold and the registered historic landscape of the St Ives Estate and would therefore be contrary to Policies EN3 and SC9 of the Core Strategy.

 

(ii)        The proposed three storey units would, by reason of their massing, have an adverse impact on the visual amenity of Harden Village and would therefore be contrary to Policies DS1 and DS3 of the Core Strategy.

 

(iii)       The proximity of the proposed development to woodland adjacent to the Northern boundary of the site is likely to result in future pressure for the pruning and/or felling of trees to the detriment of visual amenity which would be contrary to Policies EN5, DS1 and DS3 of the Core Strategy.’

 

The application has now been amended to address the reasons for refusal. The applicant has also given further consideration to the viability of the development and undertaken consultation with the local community and now proposes that the Section 106 Agreement be varied to omit the affordable housing provision but to retain the financial contributions to local infrastructure totalling £108,970.75 and the provision of Public Open Space at a stated cost of £38,000. It is also suggested that the details be varied in order to benefit Harden more directly.

 

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 authority be delegated to the Assistant Director - Planning, Transportation and Highways (in consultation with the City Solicitor) to enter into a Deed of Variation, in respect of the Section 106 Legal Obligation attached to Planning Permission 15/01039/MAO, to remove the obligations in respect of affordable housing provision and amend/retain the contributions in respect of public open space provision, education infrastructure, Metro contribution and recreation infrastructure as follows:

 

(i)         The payment of a commuted sum of £20,419 to the Local Planning Authority for the purpose of upgrading the existing public recreation infrastructure at the St Ives Estate, Keighley Road, Harden,

 

(ii)        The payment of a commuted sum of £46,708 to the Local Planning Authority for the purpose of upgrading the existing educational infrastructure at Cullingworth Primary School or Harden Primary School,

           

(iii)         The payment of a commuted sum of  ...  view the full agenda text for item 8.

Decision:

Resolved –

 

(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, subject to the amendment of Condition 6 as set out below

 

‘Notwithstanding the details provided on the submitted plans details of the design, height and materials of boundary treatments to the plot curtilages and any retaining walls within the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall show, wherever possible, retention of the existing boundary walls particularly along the northern boundary of the site. The details so approved shall then be provided in full prior to the first occupation of the development and shall thereafter be retained as long as the development subsists.

 

Reason:  In the interests of amenity and privacy and to accord with Policies DS2, DS3, DS5 and EN3 of the Local Plan Core Strategy.’

 

            and the amendment of Condition 8 as set out below:

 

In the first planting season following the completion of the development, or as may otherwise be agreed in writing by the Local Planning Authority, the landscaping proposals and new tree planting shall be implemented at the site in accordance with details shown on the Landscape Proposals drawing reference GL0744 01 REV J.

 

Any trees or plants comprising the approved landscaping that become diseased or die, or which are removed or damaged within the first 5 years after the completion of planting shall be removed and a replacement landscape planting using the same or similar species/specifications shall be planted in the same position no later than the end of the first available planting season following the demise of the original landscape planting.

 

Reason: In the interests of visual amenity and to accord Policies EN5, DS2 and DS3 of the Core Strategy Development Plan Document.’

           

(2)       That authority be delegated to the Assistant Director - Planning, Transportation and Highways (in consultation with the City Solicitor) to enter into a Deed of Variation, in respect of the Section 106 Legal Obligation attached to Planning Permission 15/01039/MAO, to remove the obligation in respect of affordable housing provision and to amend/retain the other infrastructure contributions as follows:

 

(i)         The payment of a commuted sum of £20,419 to the Local Planning Authority for the purpose of upgrading the existing public recreation infrastructure at the St Ives Estate, Keighley Road, Harden,

 

(ii)        The payment of a commuted sum of £46,708 to the Local Planning Authority for the purpose of upgrading the existing educational infrastructure at Cullingworth Primary School or Harden Primary School,

 

(iii)       An obligation to provide the Village Greenspace and other Public Open Spaces as shown on Drawing 1357DHP/MCH/IMO1 REV J, or as otherwise agreed by the Local Planning Authority, to a minimum area of 1,900m2, as open spaces [containing no buildings] in perpetuity; to include the submission of full details of the arrangements which shall be made for the management and maintenance of the Public Open  ...  view the full decision text for item 8.