Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 27th June, 2019 10.00 am

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

Contact: Claire Tomenson 

Items
No. Item

8.

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 that, in relation to the item concerning Land at Bolton Road, Silsden (Minute 13), he volunteered for an environmental group that was working on land which was owned by the applicant .

 

In the interests of transparency, Councillors Godwin, Wainwright, Watson and Warburton disclosed that they had been Members of the Committee when the application concerning Land North of 79-111 Sapgate Lane, Thornton, Bradford (Minute 12) 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, Councillors Wainwright and Warburton disclosed that they had been Members of the Committee when the application concerning Land at Bolton Road, Silsden (Minute 13) had been considered previously.  They undertook to approach the current application with an open mind and to consider all the relevant material planning issues before making a decision.

 

ACTION:       City Solicitor

 

9.

MINUTES

Recommended –

 

That the minutes of the meeting held on 11 April, 20 May, 20 May (Trustees), 30 May and 30 May 2019 (Trustees) be signed as a correct record.

 

(Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

That the minutes of the meetings held on 11 April, 20 May, 20 May (Trustees), 30 May and 30 May 2019 (Trustees) be signed as a correct record.

 

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. 

 

(Claire Tomenson - 01274 432457)

Minutes:

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

 

11.

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.

 

12.

LAND NORTH OF 79 - 111 SAPGATE LANE, THORNTON, BRADFORD pdf icon PDF 705 KB

Previous Reference: Minute 88 (2018/19)

 

The Assistant Director - Planning, Transportation and Highways will present Document “C” which relates to 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 - 18/03975MAF

 

The Committee previously resolved to grant outline planning permission for this development on 7 March 2019 subject to conditions and a Section 106 Legal Agreement.

 

Recommended –

 

(1)       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.

 

(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 a contribution of £50,000 to be used for the provision of off-site affordable housing in Thornton and Allerton ward, or an adjacent ward.

 

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)

 

 

 

 

Decision:

Resolved –

 

(1)       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.

 

(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 a contribution of £50,000 to be used for the provision of off-site affordable housing in Thornton and Allerton ward, or an adjacent ward.

 

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.

 

ACTION: Assistant Director - Planning, Transportation and Highways

 

(John Eyles – 01274 434380)

 

 

Minutes:

Previous Reference: Minute 88 (2018/19)

 

The Assistant Director - Planning, Transportation and Highways presented Document “C” which related to 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 - 18/03975MAF

 

The Committee had previously resolved to grant outline planning permission for this development on 7 March 2019 subject to conditions and a Section 106 Legal Agreement to secure £50,000 for the provision of off-site affordable housing. 

 

The Assistant Director - Planning, Transportation and Highways reported that the layout had been designed with privacy for the existing dwellings in mind.  He explained that there were significant changes in levels on the site and the application had been considered in all aspects.  Following the decision made in March 2019 the applicant had approached the Council in relation to the Section 106 Agreement, as they had undertaken viability studies, and submitted a detailed appraisal.  Independent consultants, on behalf of the Council, had reviewed the work carried out and resolved that if the site was to be developed without the provision of affordable housing a contribution of £50,000 could be reasonably justified.  The Assistant Director - Planning, Transportation and Highways then recommended the application for approval.

 

The applicant’s agent was present at the meeting and made the following comments:

 

·         He supported the officer’s report.

·         The site was problematic.

·         The developer was waiting to start work on the site.

·         The developer was a local company and had a local workforce.

·         Consultants had been appointed in March to look at the viability of the proposal.

·         The Council’s willingness to discuss viability issues was welcomed.

·         It was accepted that there would be abnormal costs involved in the development of the site.

·         The developer did not have the buying power associated with the major housing developers.

·         A Section 106 Agreement would be completed and the applicant would accept a trigger point of 10 dwellings to make the payment.

 

During the discussion, the Chair acknowledged that the viability issue had been considered and detailed discussions had been undertaken.  He stated that it was a difficult site and appreciated the time taken to ensure that the development was progressed.

 

Resolved –

 

(1)       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.

 

(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 a contribution of £50,000 to be used for the provision of off-site affordable housing in Thornton and Allerton ward, or an adjacent ward.

 

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.

 

ACTION:  ...  view the full minutes text for item 12.

13.

LAND AT BOLTON ROAD, SILSDEN pdf icon PDF 631 KB

Previous Reference: Minute 116 (2014/15)

 

The Assistant Director - Planning, Transportation and Highways will present a report (Document “D”) in relation to a reserved matters application that requests consideration of layout, scale, appearance and landscaping of a residential development of 57 dwellings (pursuant to outline approval 14/05170/MAO granted by appeal) at Land at Bolton Road, Silsden - 18/05140/MAR.

 

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)

 

Decision:

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 and also subject to the following additional condition:

 

(i)            That the permitted development rights be removed from those properties constructed with integral garages only.

 

ACTION: Assistant Director - Planning, Transportation and Highways

 

(John Eyles – 01274 434380)

 

Minutes:

Previous Reference: Minute 116 (2014/15)

 

The Assistant Director - Planning, Transportation and Highways presented a report (Document “D”) in relation to a reserved matters application that requested consideration of layout, scale, appearance and landscaping of a residential development of 57 dwellings (pursuant to outline approval 14/05170/MAO granted by appeal) at Land at Bolton Road, Silsden - 18/05140/MAR.

 

The Assistant Director - Planning, Transportation and Highways explained that the application was a reserved matters request and the outline approval for access had been allowed on appeal.  The site comprised two areas of land, some parts of which sloped and the access would remain as approved at the outline stage.  A total of 57 dwellings had been proposed and these would consist of a mix of houses across the site.  A number of representations had been submitted from local residents and the Town Council.  The Assistant Director - Planning, Transportation and Highways confirmed that the scheme had been revised and the proposed properties had been moved away from the heritage buildings, which mitigated any adverse impact.  He reported that the highways layout had been revised and was acceptable.  Natural stone would also be used.  The application was then recommended for approval subject to a Section 106 Agreement for a number of planning obligations that was agreed as part of the outline planning permission.

 

In response to a couple of questions, the Assistant Director - Planning, Transportation and Highways clarified that the ‘Rotary Works’ building was used for light industrial and the Council’s Environmental Health Unit had not raised any concerns.  Members noted that there would be a pedestrian footpath access to the site.

 

A representative of Silsden Town Council was present at the meeting and stated that:

 

·         The re-grading of the steep slope on the site was welcomed.

·         The proposed footpath’s compliance with the Disabilities Discrimination Act (DDA) had raised concerns.

·         The Police Architectural Liaison Officer had recommended a 3 metre wide footpath.

·         It appeared that the footpath would only be 2 metres wide, so had additional land been purchased in order to meet the condition?

·         The cost of minor works would be small compared to the ease of walking access on to the site.

·         Any slopes shouldn’t be more than 1:15 on the site.

·         Concerns had been expressed in relation to the listed buildings character.

·         Had new layout drawings been provided?

 

In response to a number of the comments made, the Assistant Director - Planning, Transportation and Highways explained that:

 

·         The footway link was approximately 2 metres wide and was considered appropriate. The access was not considered to be problematic.

·         Additional planting would be placed near the listed buildings and the garages moved further away.

·         The footway would be a standard width of 2 metres, which had been achieved with the land available.  It would be surfaced and lit.

·         The applicant had work tirelessly on the layout.

·         The footway would not be just for the occupiers of the new development, it could also be used by existing Silsden residents.  ...  view the full minutes text for item 13.