Agenda, decisions and minutes

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

63.

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, Councillors Amran, Cooke, Wainwright and Warburton disclosed that they had been Members of the Committee when the application concerning Land at Harden Road and Keighley Road, Harden, Bingley (Minute 69) had been considered previously.  They undertook to approach the amended current application with an open mind and to consider all the relevant material planning issues before making a decision.

 

In the interests of transparency, Councillor Cooke disclosed that he had been in receipt of communication from several parties and had been involved with Harden Pre-school and the asset transfer in relation to the application concerning Land at Harden Road and Keighley Road, Harden, Bingley (Minute 69). He had not entered into dialogue with any individuals nor expressed an opinion and stated that he would consider the application with an open mind and on its merits.

 

In the interests of transparency, Councillor Wainwright disclosed, in relation to the item concerning Tong Garden Centre, Tong Lane, Bradford (Minute 68), that he had been invited to a meeting at the Garden Centre but had declined to attend.  He had not discussed the application with anyone nor expressed a view.

 

In the interests of transparency, Councillor Warburton disclosed, in relation to the item concerning Tong Garden Centre, Tong Lane, Bradford (Minute 68), that he had received information concerning the application but had not read it or discussed the application with anyone nor expressed an opinion.

 

ACTION:       City Solicitor

 

64.

MINUTES

Recommended –

 

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

 

(Sheila Farnhill – 01274 432268)

Minutes:

Resolved –

 

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

 

65.

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.

 

66.

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.

67.

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)

Minutes:

The Assistant Director - Planning, Transportation and Highways presented 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.

 

Members were informed that the site was unallocated land that formed part of an area of green space and sloped upwards from north to south.  The proposed access would be from Leaventhorpe Lane and the applicant had indicated that the site could accommodate 150 dwellings, with 100 constructed as affordable housing along with an area of green space.  A number of additional representations had been submitted since the report had published, however, no new issues had been raised.  The Council’s Highways Department had not objected to the proposed access and the applicant had agreed to a contribution for off site highway works on Leaventhorpe Lane to help alleviate traffic.  The Assistant Director - Planning, Transportation and Highways reported that the main concern related to drainage and flooding.  The applicant was aware of the drainage problems and had submitted several mitigation measures, however, the impact of flooding had not been satisfactorily resolved.

 

The Council’s Principal Drainage Engineer informed Members that the site was located within an existing 1 in 100 year flood zone with two existing becks, Pitty and Clayton.  He explained that modelling by Bradford Council undertaken in 2013 had been adopted by the Environment Agency and developers must mitigate against the risk of flooding.  The existing culvert beneath Leaventhorpe Lane was undersized and would cause the road to flood, therefore, it had to be ensured that the development had safe access and egress.  The applicant had proposed the installation of a new culvert under Leaventhorpe Lane, however, it would alter the flood range and flood risk within the site needed to be considered.  The latest submission had suggested that the road be raised and a large retaining wall against the boundary be constructed.  It also included the provision of new culverts under Leaventhorpe Lane for Pitty and Clayton Becks and would excavate the flood plain.  The Council’s Principal Drainage Engineer confirmed that their objection still applied as the developer had not demonstrated how the over land flows would be managed and information had not been submitted so could not be assessed.  He stated that complex mitigating measures would be required and insufficient documentation had been provided.  The proposal was contrary to National and local policies and was recommended for refusal.

 

In response to queries Members were informed that:

 

·         Urban Green Spaces were areas of open land not within the Green Belt but important to break up areas of urban development.  The area to the East of the site was Green Belt and was seen to be a key area to break up the developments.  Policy OS1 allowed the scheme but ensured that it maintained a reflection of the Green Belt.

·         Hard standing areas would have a surface drainage system that  ...  view the full minutes text for item 67.

68.

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)

Minutes:

The Assistant Director - Planning, Transportation and Highways submitted (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.

 

Members were informed that an additional representation had been received from a Pudsey resident following the publication of the report that had identified similar concerns to those already reported.  It was also noted that amendments would be required to some of the measurements within condition 3 on the application.

 

The Assistant Director - Planning, Transportation and Highways explained that the application proposed the demolition of canopies and glasshouses, replacement buildings and other improvements at Tong Garden Centre, which was located within the Green Belt.  It was reported that the greenhouses had been used for storage for some time, the existing outdoor area site would be used for part of the new extension and other buildings would be replaced.  An indoor play and an events area had also been proposed.  Members noted that the lake area would become an education zone with log cabins and a walkway and the small lake would be a biodiversity space.  The canopies would be replaced and the new buildings would be timber clad.  The site currently contained a mish-mash of structures and the aim was to have an overarching design that would be more suitable within the Green Belt.  The woodland area would be managed and a number of trees would be removed.

 

Members were informed that a number of representations and objections had been received and the issues raised were covered in the officer’s report.  The applicant had also attended a Village Association meeting in order to present the proposal. The Assistant Director - Planning, Transportation and Highways confirmed that the site was located within the Green Belt, however, the footprint of the garden centre had not increased.  It was explained that proposed condition 3 restricted the retail use and covered the previous provision from 2014 (with a slight adjustment), with further goods restricted to garden centre use only in the extension to the indoor shop.  The proposal was an exception to the National Planning Policy Framework’s Green Belt policies and the scheme would have little or no greater impact on the openness of the wider Green Belt.  The applicant had submitted a coherent design that incorporated timber cladding and natural stone, bat surveys had been undertaken and addressed, and tree surveys had been carried out.  It was noted that 500 car parking spaces already existed on the site, new cycle places for staff and the public, and electric vehicle charging points would be provided as part of this proposal.  In conclusion the Assistant Director - Planning, Transportation and Highways recommended the application for approval, subject to the conditions as set  ...  view the full minutes text for item 68.

69.

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 69.

Minutes:

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

 

The Assistant Director - Planning, Transportation and Highways submitted 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.

 

The 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), had been 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 had now been amended to address the reasons for refusal. The applicant had also given further consideration to the viability of the development and undertaken consultation with the local community and now proposed 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 had also been suggested that the details be varied in order to benefit Harden more directly.

 

The Assistant Director - Planning, Transportation and Highways explained that correspondence had taken place between the applicant and the Parish Council, who supported the additional contributions.  He confirmed that the proposals met the Community Infrastructure Levy (CIL) requirements regarding the Memorial Hall and new allotments and that the sums provided would be subject to separate agreements. 

 

Members were informed that the site was an open area of land, close to listed buildings, that would have a new access and the existing one would be closed.  A number of representations in support and objection had been received.  Harden Parish Council had objected to the removal of the affordable housing and had raised concerns in relation to the proximity to woodland on the northern boundary of the site.  They had stated that they believed the site could accommodate affordable housing and had requested that the cherry trees to be removed be replaced like for like.  The Assistant Director - Planning, Transportation and Highways confirmed that the development would contribute to the housing supply for the District, however, the density would  ...  view the full minutes text for item 69.