Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 7th March, 2019 10.00 am

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

Contact: Claire Tomenson 

Items
No. Item

81.

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 Brown disclosed, in relation to the item concerning Public Space Protection Order for Bradford District Relating to Antisocial Behaviour Arising from Misuse of Vehicles (Minute 85), that he was the member of the Keighley Motor Club.  He had not discussed the Protection Order with anyone nor expressed an opinion.

 

In the interests of transparency, Councillor Godwin disclosed that, in relation to the item concerning Oakville, 1 Keighley Road, Oakworth, Keighley (Minute 89), he lived on Keighley Road, Oakworth.  He had not discussed the application with anyone nor expressed an opinion.

 

In the interests of transparency, Councillor Griffiths disclosed that, in relation to the item concerning Land North of 79-111 Sapgate Lane, Thornton, Bradford (Minute 88), he lived near to the site and within the Ward.  He had not discussed the application with anyone nor expressed an opinion.

 

ACTION:       City Solicitor

 

82.

MINUTES

Recommended –

 

That the minutes of the meeting held on 15 November 2018, 6 December 2018 and 10 January 2019 be signed as a correct record.

 

(Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

That the minutes of the meeting held on 15 November 2018, 6 December 2018 and 10 January 2019 be signed as a correct record.

 

83.

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. 

 

(Claire Tomenson - 01274 432457)

Minutes:

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

 

84.

MEMBERSHIP OF SUB-COMMITTEES

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

 

                                                            (Claire Tomenson – 01274 432457)

Minutes:

No resolution was passed on this item.

85.

PUBLIC SPACE PROTECTION ORDER FOR BRADFORD DISTRICT RELATING TO ANTISOCIAL BEHAVIOUR ARISING FROM MISUSE OF VEHICLES pdf icon PDF 153 KB

The Strategic Director, Place will present a report (Document “AL”) which provides a summary of the responses from the statutory consultation on the proposed Public Space Protection Order (PSPO) for Bradford District and submission of the proposed Order for this Committee’s approval.

 

Recommended –

 

(1)     That the proposed Public Space Protection Order (PSPO) be approved.

 

(2)     That the Strategic Director, Place be authorised to take all necessary actions to implement and make the PSPO operational.

 

                                                            (Rebecca Trueman – 01274 431364)

Additional documents:

Minutes:

The Strategic Director, Place presented a report (Document “AL”) which provided a summary of the responses from the statutory consultation on the proposed Public Space Protection Order (PSPO) for Bradford District and submission of the proposed Order for approval.

 

The Strategic Director, Place stated that a previous report had been considered at the meeting held on 4 October 2018 and a consultation process had been undertaken that had resulted in 1260 responses being submitted. 

 

In considering the information, Members raised questions and were informed that:

 

·         The Act had to be interpreted in as reasonable way as possible and the issuing of a Fixed Penalty Notice (FPN) should be based upon previous behaviour.  If there was no real reason to believe the PSPO had been breached, then a FPN should not be issued.

·         The police would rely upon the discretion of those enforcing the PSPO and a reasonable view of the previous behaviour would have to be taken.  FPNs should not be issued at random.

·         The PSPO would be enforced by the Council and the police under the Crime and Disorder Act 1998 and the Anti-social Behaviour (ASB), Crime and Policing Act 2014 dealt with ASB.  The PSPO would be subject to a review by the Committee and there would be a period of training between now and the implementation.

·         Noise nuisance could be prosecuted by the Council’s Environmental Health Unit and the PSPO would be an extra power.  There would have to be an evaluation of the noise evidence and the Environmental Health Unit were the lead in the assessment of noise nuisance.  The assessment of evidence of noise nuisance would be passed on by the public to the police and Council in writing or by verbal complaint.  A formal Criminal Justice Act written statement would also be required.

·         It had become evident that the issue of nuisance driving was a real concern for the residents of Bradford and the consultation results had confirmed this.  Driving and the safety of people in the community was a concern and a combination of legislation could be used to address it.  

·         ASB orders could be applied for in circumstances where a person’s behaviour was persistent and repetitive.  The enforcement of a breach of a PSPO could be undertaken in a more cost effective way than an ASB order by issuing a FPN, which was a much quicker route to obtain an effective remedy to low level ASB.    

·         The police had powers to deal with parked vehicles and the Council had existing powers.  The police could also deal with moving vehicles, however, roadside enforcement via a FPN for a breach of the PSPO was a criminal offence.

·         The PSPO was only part of the work being undertaken and dealt with the gaps that other Acts did not cover.

·         The information provided by a complainant had to be sufficient in order to permit the Driver and Vehicle Licensing Authority (DVLA) to release the details of a vehicle’s registered keeper.  The  ...  view the full minutes text for item 85.

86.

FORMER ODEON CINEMA, PRINCES WAY, BRADFORD pdf icon PDF 664 KB

The Assistant Director - Planning, Transportation and Highways will present a report (Document “AM”) in respect of the refurbishment and extension of former cinema to create an entertainment and events venue with supporting ancillary spaces including bars, ballroom and cabaret bar/restaurant and three-storey extension, at the former Odeon cinema, Princes Way, Bradford – 18/05130/MAF

 

Recommended -

 

That the application be approved for the reason 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 “AM”) in respect of the refurbishment and extension of former cinema to create an entertainment and events venue with supporting ancillary spaces including bars, ballroom and cabaret bar/restaurant and three-storey extension, at the former Odeon cinema, Princes Way, Bradford – 18/05130/MAF

 

The Assistant Director - Planning, Transportation and Highways began by explaining that item 86 and 87 would be discussed together as they both related to the same site.  He continued stating that the application proposed the refurbishment of the former Odeon building which included renovation, an extension to the rear and a new free standing building in order to create an events venue for approximately three thousand people.  Members noted that the property had been vacant for nearly twenty years and a number of measures had been undertaken in respect of repairs and weather proofing.  Street furniture, similar to those to the frontage of the Alhambra, would be fitted in order to protect the building and its footprint would remain the same.  The Assistant Director - Planning, Transportation and Highways reported that the work to the external part of the property would be limited to making repairs, except for the extension and there would be limited openings on it.  An access would be provided off Thornton Road for larger vehicles and there would be new boundary treatments along Thornton Road and Quebec Street.  Members were informed that the building was not listed but it was a key structure in the Conservation area.

 

With regard to the application for advertisement consent the Assistant Director - Planning, Transportation and Highways confirmed that the proposal requested the installation of two digital screens and poster panels.  The larger LED panel would be sited between the two towers of the building and front onto City Park.  It would contain commercial content and may screen live events.  The smaller LED panel would show static advertisements and the poster panels would be reused.

 

In relation to both applications, the Assistant Director - Planning, Transportation and Highways stated that they provided an opportunity to re-use a prominent building in the City Centre.  Members were informed that the objector had been contacted with regard to the amendments made to the disabled toilet facilities on the revised plans.  The applications supported the prospect of a key regeneration and provided benefits to the night time economy of Bradford City Centre and the surrounding areas.  He then recommended the renovation scheme for approval subject to an additional condition regarding the treatment to Quebec Street.  The application for advertisement consent was also recommended for approval.  It was acknowledged that the signage would be substantive, but it was believed that it could be accommodated due to the scale and size of the building.

 

In response to Members’ questions, the applicant clarified that:

 

·         Consideration could be given to altering the upstairs toilet into a changing facility, however, the height was an issue and it could prove difficult.  The option could  ...  view the full minutes text for item 86.

87.

FORMER ODEON CINEMA, PRINCES WAY, BRADFORD - ADVERTISEMENT CONSENT pdf icon PDF 608 KB

The Assistant Director - Planning, Transportation and Highways will submit a report (Document “AN”) in relation to an advertisement application for the installation of two digital screens and poster panels at the former Odeon, Princes Way, Bradford - 18/05214/ADV

 

Recommended –

 

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

 

                                                                        (John Eyles – 01274 434380)

 

 

Minutes:

Please refer to item 86.

 

The Assistant Director - Planning, Transportation and Highways submitted a report (Document “AN”) in relation to an advertisement application for the installation of two digital screens and poster panels at the former Odeon, Princes Way, Bradford - 18/05214/ADV

 

Resolved -

 

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

 

ACTION:   Assistant Director - Planning, Transportation and Highways

 

 

88.

LAND NORTH OF 79 - 111 SAPGATE LANE, THORNTON, BRADFORD pdf icon PDF 536 KB

A report will be submitted by the Assistant Director - Planning, Transportation and Highways (Document “AO”) in respect of a full planning application for the construction of 17 dwellings and an access road on land to the north of 79-111 Sapgate Lane, Thornton, Bradford - 18/03975/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 securing the provision of the affordable housing.

 

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:

A report was submitted by the Assistant Director - Planning, Transportation and Highways (Document “AO”) in respect of a full planning application for the construction of 17 dwellings and an access road on land to the north of 79-111 Sapgate Lane, Thornton, Bradford - 18/03975/MAF. 

 

The Assistant Director - Planning, Transportation and Highways confirmed that the application proposed the construction of 17 dwellings and an access road onto a steep sloping vacant scrubland site, which was enclosed by dry stone walls and gardens.  Members were informed that 111 Sapgate Lane had now been demolished and the scheme would provide 14 semi-detached and three detached properties.  The land was a former phase two housing site and planning permission had previously been granted in 2012 for 17 houses.  The District could not demonstrate a five year housing supply, the site was in a sustainable location and the principle of development was acceptable.  The Assistant Director - Planning, Transportation and Highways explained that the site had constraints due to its topography and, therefore, the slightly low density would be acceptable.  He reported that the properties would be constructed from natural stone and have a tile roof, which would be in keeping with the surrounding houses and others in the area.  The boundary distances were acceptable and the development would not have an adverse impact on residential amenity.  The scheme’s proposed highway layout had been amended as requested by the Council’s Highways Department and the parking provision was within the standards required by the Council.  The Assistant Director - Planning, Transportation and Highways stated that the proposed development was not considered to have a negative impact on congestion in the area, as there would only be 17 dwellings.  He then recommended the application for approval, subject to a Section 106 Agreement for the provision of affordable housing and an additional condition in respect of the approved plans.

 

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

 

·         The on site assessment had taken into account the existing properties and the scheme was acceptable.

·         The Council’s Environmental Health Unit had been consulted and recommended conditions had been placed on the application to deal with any contamination.

·         Advice had been sought in relation to the drainage system and officers were satisfied that a suitable scheme could be provided.  A condition requiring approval of the scheme by the Council’s drainage experts had been placed on the application.

·         The applicant’s agent had confirmed that garden space would be provided which was suitable and acceptable.

 

During the discussion a Member stated that insufficient drainage information had been provided, however, as it was a small development it shouldn’t be an issue.    

 

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 and subject to the following additional condition:

 

(i)            The development hereby approved shall only be carried out in accordance with the approved plans  ...  view the full minutes text for item 88.

89.

OAKVILLE, 1 KEIGHLEY ROAD, OAKWORTH, KEIGHLEY pdf icon PDF 496 KB

The Assistant Director - Planning, Transportation and Highways will submit Document “AP” that relates to an application for outline planning permission, including access, for the construction of 24 assisted living units (C2) at Oakville, 1 Keighley Road, Oakworth, Keighley, Bradford - 17/03126/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 City Solicitor, in respect of securing the occupation of the units on an assisted living basis.

 

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 submitted Document “AP” that related to an application for outline planning permission, including access, for the construction of 24 assisted living units (C2) at Oakville, 1 Keighley Road, Oakworth, Keighley, Bradford - 17/03126/MAO.

 

The Assistant Director - Planning, Transportation and Highways reported that the application proposed the construction of 24 assisted living units on a site that was accessed via a steep sloping driveway.  There were a number of detached buildings within the curtilage, however, the nearest property would be 10 Oakbank Mount.  The application was outline with all matters reserved except access.  Members were informed that 10 representations had been received, two in support, seven objections and a general comment.  Keighley Town Council had supported the application on the proviso that the Council’s Highways Department did not raise an objection and the access had now been amended to one which was suitable.  The development would provide 23 parking spaces and three visitor spaces, which was considered acceptable.  It was noted that visual amenity was a reserved matters issue, however, a proposal had been submitted that confirmed it would be possible to accommodate the development on the site.  Bat roosts had been found and surveys undertaken, therefore, a condition had been placed on the application in relation to mitigation measures.  The Assistant Director - Planning, Transportation and Highways stated that a Section 106 Agreement would be required to ensure that the units were provided on an assisted living basis and he then recommended the application for approval, subject to the Section 106 Agreement, the conditions as set out in the report and an additional condition regarding the approved plans.

 

Members raised questions and were informed that:

 

·         It needed to be ensured that the use class was C2 (residential institution), which was defined as people in need of a minimum of two hours per week of care, however, other definitions could be looked at when drafting the Section 106 Agreement.

·         The access would be widened to allow two way traffic and the gradient would be amended.

·         The trees on the site would not necessarily need to be removed.

·         It would be a private drive and no standards were required.

·         The site was in a sustainable location and the requested contribution from West Yorkshire Combined Authority would not be necessary.  

 

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 and subject to the following additional condition:

 

(i)            The development hereby approved shall only be carried out in accordance with the approved plans listed below:

 

Location Plan- 1205-01-MAB

Site Plan- 01 1474-100(OP) REV C

 

(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  ...  view the full minutes text for item 89.