Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 21st June, 2018 11.00 am

Venue: City Hall, Bradford

Contact: Sheila Farnhill 

Items
No. Item

9.

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, Ellis, Griffiths, Shabir Hussain, Watson and Warburton disclosed that they had been Members of the Committee when the application concerning Land to the North of Royd Ings Avenue, Keighley (Minute 13) had been considered previously. They undertook to approach the issue with an open mind and to consider all the relevant material planning issues before making a decision.

 

In the interests of transparency, Councillor Amran also disclosed that he was acquainted with an interested party associated with the application concerning Land to the North of Royd Ings Avenue, Keighley (Minute 13) but had not discussed the matter with the individual concerned.

 

In the interests of transparency, Councillor Ellis disclosed that he was a member of the Yorkshire Regional Flood and Coastal Committee and the Airedale Drainage Commissioners.

 

In the interests of transparency, Councillor Warburton disclosed that he had been a Member of the Committee when previous applications associated with Land to the South of 631 to 655 Leeds Road, Thackley (Minute 12) had been considered. He undertook to approach the issue with an open mind and to consider all the relevant material planning issues before making a decision.

 

In the interests of transparency, Councillors Griffiths disclosed that he had, in his capacity as a Ward Councillor, objected to the principle of development in respect of the original application associated with Land to the South of 631 to 655 Leeds Road, Thackley (Minute 12) which had been approved on appeal. The present application dealt with detail of the scheme, was a separate matter and he would approach the issue with an open mind and consider all the relevant material planning issues before making a decision.

 

ACTION:       Assistant Director - Planning, Transportation and Highways

 

10.

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.

 

NO ACTION

11.

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:

Resolved –

 

That Councillor Whitaker replace Councillor Shaw as a Member of the Area Planning Panel (Bradford).

 

ACTION:  Interim City Solicitor

 

12.

LAND TO THE SOUTH OF 631 TO 655 LEEDS ROAD, THACKLEY pdf icon PDF 521 KB

The Assistant Director - Planning, Transportation and Highways will submit a report (Document “D”) in relation to a Reserved Matters Application in respect of the development of 147 houses on land to the South of 631 to 655 Leeds Road, Thackley – 17/05902/MAR.

 

The report explains that a hybrid application (13/04148/MAF) was approved, further to an appeal, in 2015 for up to 220 houses; 60 in full and 160 in outline. This application is for a reduced number of 147 houses from that granted in outline and includes details of layout, design, internal highway and landscaping. The applicant has also submitted a Deed of Variation in respect of the heads of terms of the related Section 106 Legal Obligation which proposes that the affordable housing provision be met in full with a reduction in the contributions towards the other infrastructure obligations.

 

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 Interim City Solicitor) to enter into a Deed of Variation, in respect of the original Section 106 Legal Obligation attached to Planning Permission 13/04148/MAF, to retain the contribution in respect of affordable housing provision in full and amend the others, as set below:

 

Affordable Housing - £1,659,000

Education - £628,000

Recreation/Open Space - £108,000

Public Transport Improvements - £38,000.

 

                                                                        (John Eyles – 01274 432484)

Minutes:

The Assistant Director - Planning, Transportation and Highways submitted a report (Document “D”) in relation to a Reserved Matters Application in respect of the development of 148 houses on land to the South of 631 to 655 Leeds Road, Thackley – 17/05902/MAR. A range of plans and photographs were displayed.

 

The report explained that a hybrid application (13/04148/MAF) had been approved in 2015, further to an appeal, for up to 220 houses; 60 in full and 160 in outline. This application was for a reduced number of houses from that granted in outline (148) and included details of layout, design, internal highway and landscaping. The applicant had also submitted a Deed of Variation in respect of the Heads of Terms of the related Section 106 Legal Obligation which proposed that the affordable housing provision be met in full but the contributions towards the other infrastructure obligations be reduced.

 

The Assistant Director reported on the substance of additional representations received further to the publication of his technical report and explained that:

 

·         This application was for 12 fewer units than the original application.

·         A Viability Appraisal had been submitted and had been assessed by an independent consultant; this identified a shortfall of approximately £300,000 from the original total available for infrastructure contributions.

 

He responded to questions from Members as follows:

 

·         It was understood that the applicant had considered the implications of the introduction of the Community Infrastructure Levy (CIL) Scheme and had taken the decision to continue with the Reserved Matters application. This site was not located within a nil CIL zone.

·         The developer would be required to put appropriate arrangements in place for the maintenance of the Public Open Space provision. Details of the landscaping and boundary treatments would have to be submitted to the Local Planning Authority for approval.

·         With reference to a query about the 11% reduction in financial contributions towards infrastructure being excessive when there had only been a 5% reduction in the number of units; it was possible that the units that had been removed from the scheme were larger houses of higher value.

·         When the original Section 106 legal obligation had been drawn up the judgement had been made that the primary focus should be affordable housing.

 

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.

 

(2)       That  authority be delegated to the Assistant Director - Planning, Transportation and Highways (in consultation with the Interim City Solicitor) to enter into a Deed of Variation, in respect of the original Section 106 Legal Obligation attached to Planning Permission 13/04148/MAF, to retain the contribution in respect of affordable housing provision in full and amend the others, as set below:

 

Affordable Housing - £1,659,000

Education - £628,000

Recreation/Open Space - £108,000

Public Transport Improvements - £38,000.

 

ACTION:       Assistant Director - Planning, Transportation and Highways

                        Interim City Solicitor

 

 

13.

LAND TO THE NORTH OF ROYD INGS AVENUE, KEIGHLEY pdf icon PDF 5 MB

Previous references: Minutes 51 and 71 (2017/18)

 

The Assistant Director - Planning, Transportation and Highways will present a report in relation to a full planning application for the extension of Keighley Industrial Park through the formation of eight structures housing nine commercial units (B8 and B2 uses), with associated car parking, highways connection, drainage and landscaping, on land to the north of Royd Ings Avenue, Keighley – 17/05255/MAF (Document “E”).

 

This application was considered at the meeting of the Committee held on 28 March 2018 when Members resolved that they were minded to grant planning permission and that the application be referred to the Secretary of State.

 

The report asks Members to consider the contents of a letter from the Environment Agency dated 4 May 2018 (Appendix 1 to Document “E”) which includes new information which is considered to be relevant to the determination of this planning application.

 

The report also includes a set of draft planning conditions, produced by the Assistant Director further to the meeting held on 28 March 2018 (Appendix 2 to Document “E”), and the comments made by the applicant on these conditions (Appendix 3 to Document “E”).

 

Recommended –

 

(1)       That the resolution of the Committee, at its meeting held on 28 March 2018, as set out below:

 

‘Members are minded that planning permission should be granted and referred to the Secretary of State, in coming to this conclusion Members consider there are very special circumstances that warrant the grant of “inappropriate development” in the Green Belt for the following reasons:

 

(i)        The site was previously allocated as an employment site and such allocation was principally removed because the site was at risk of flooding.  The applicant has now demonstrated that the site can be developed without an increased risk of flooding.

 

(ii)       Not all of the site is within the Green Belt and there is a proven need for employment land within the District that cannot be met.

 

(iii)      There is no recent evidence of flooding and works of flood alleviation are taking place further upstream.

 

(iv)      The applicant had demonstrated through a sequential test that there are no other suitable employment sites within the vicinity of Keighley to accommodate the proven need.

 

and in addition to the above, before being referred to the Secretary of State, the Assistant Director, Planning, Transportation and Highways shall produce a list of relevant planning conditions in consultation with the applicant, and thereafter the Chair and Deputy Chair of the Committee, which shall include all appropriate conditions for a development of this scale and nature.  These conditions shall include:

 

(i)           The provision of maintenance of flood alleviation measures to ensure continued operation.

 

(ii)          The incorporation of all appropriate sustainable measures that will not preclude the commencement of development.’

 

be rescinded, on the basis that the Environment Agency’s letter dated 4 May 2018 (Appendix 1 to Document “E”) includes a Technical Assessment which is a material planning consideration relevant to the proper consideration and determination  ...  view the full agenda text for item 13.

Additional documents:

Minutes:

Previous references: Minutes 51 and 71 (2017/18)

 

The Assistant Director - Planning, Transportation and Highways presented a report in relation to a full planning application for the extension of Keighley Industrial Park through the formation of eight structures housing nine commercial units (B8 and B2 uses), with associated car parking, highways connection, drainage and landscaping, on land to the north of Royd Ings Avenue, Keighley – 17/05255/MAF (Document “E”). A range of plans and photographs were displayed.

 

Members were reminded that this application had been considered at the meeting of the Committee held on 28 March 2018 when they had resolved that they were minded to grant planning permission and that the application be referred to the Secretary of State.

 

The report asked Members to consider the contents of a letter from the Environment Agency (EA), dated 4 May 2018 (Appendix 1 to Document “E”), which included new information which was considered to be relevant to the determination of this planning application. This had been forthcoming further to the Local Planning Authority contacting the EA to consult it in relation to the conditions that it considered should be imposed following the decision of the Committee on 28 March. The EA had undertaken a Technical Assessment of the proposed development and had taken the view that it wished to make further representations on this matter and the issues raised were now set out in full in his report.

 

The report also included a set of draft planning conditions, produced by the Assistant Director further to the meeting held on 28 March 2018, and the comments made by the applicant in respect of these.

 

The Assistant Director reported that, further to a meeting with the applicant the previous week, a revised set of conditions had now been drafted and these were tabled for Members’ consideration (Document “F”). It was stressed that this document did not include any conditions in respect of the requirements of the Environment Agency.

 

In response to a query from a Member of the Committee about whether the Committee’s focus at this meeting was the new information in respect of flooding and flood risk and it not being the Members’ role to unpick all the other matters considered at the previous meetings; the City Solicitor clarified that it had long been established by case law that a Planning Committee resolution did not take effect until the Decision Notice was issued, so any issue could be revisited if necessary. In this case the Committee needed to consider, in all the circumstances, whether the partial objection on behalf of the EA submitted at the 28 March meeting still stood or if, in light of the new information, the matter needed to be looked at again.

 

The Assistant Director confirmed that there had been no further representations from the public or any other consultees.  In response to a Member’s question he also explained that it was hard to determine exactly where the water (in the April 2018  ...  view the full minutes text for item 13.