Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 18th July, 2019 10.00 am

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

Contact: Claire Tomenson 

Items
No. Item

14.

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:

No disclosures of interest in matters under consideration were received.

 

15.

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.

 

16.

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.

 

17.

REVIEW OF MISCELLANEOUS LICENCE FEES CHARGED BY THE LICENSING SERVICE pdf icon PDF 82 KB

The report of the Interim Assistant Director Waste, Fleet & Transport Services(Document “E”) seeks approval to increase the current scale of miscellaneous licence fees charged by the licensing service by 2% in line with inflation, for the financial year 2019/20.

 

Recommended –

 

That the current scale of fees be increased by 2% in line with inflation for 2019/20, as set out in Appendix 1 of Document “E”.

(Tracy McLuckie – 01274 432209)

 

Minutes:

The Interim Assistant Director – Waste, Fleet and Transport Services submitted Document “E” which sought approval to increase the current scale of miscellaneous licence fees charged by the licensing service by 2% in line with inflation for the 2019-20 financial year.  Members were informed that the increase would cover reasonable cost and a full review of the licence fees had been undertaken, which included all overheads.  It was noted that under the Provision of Service Regulations 2009, charges must be reasonable and proportionate.  The Interim Assistant Director – Waste, Fleet and Transport Services reported that the options for consideration were to increase the current fee scale by 2%, maintain the current fees or change them to other levels, on the basis of cost recovery only.  An increase of the fees by 2% was then recommended for approval.  

 

In response to Members’ queries, the Interim Assistant Director – Waste, Fleet and Transport Services confirmed that:

 

·         The last increase had been in 2016-17 and the previous year’s fees had been maintained since, however, an additional enforcement officer had been employed this year.

·         When undertaking the review of the fees a careful costing exercise was undertaken and all service costs were included.

·         The inflation rate for this year was 2%.

·         Sufficient income had been received to enable an extra enforcement officer to be employed.  

 

Resolved –

 

That the current scale of fees be increased by 2% in line with inflation for 2019/20, as set out in Appendix 1 of Document “E”.

ACTION: Interim Assistant Director - Waste, Fleet and Transport Services

 

18.

THE 2016 CITY CENTRE PUBLIC SPACE PROTECTION ORDER (AND OTHERS) (VARIATIONS AND EXTENSIONS AND DISCHARGES) pdf icon PDF 131 KB

The Assistant Director, Neighbourhoods and Customer Services will present Document “F” which outlines the proposals and seeks approval to begin the required public consultation exercise to implement variations and to extend or discharge the existing Public Space Protection Orders (PSPOs) for Bradford City Centre, Keighley, Shipley, Bingley and West Bowling and the PSPOs relating to dog control.

 

Recommended -

 

(1)       That the Assistant Director, Neighbourhoods and Customer Services be authorised to undertake the statutory consultation exercise in order to establish the evidence required to extend the following orders:

 

(i)            The 2016 Drinking City Centre Order;

(ii)          The 2002/03 City Centre Designated Public Places Order;

(iii)         The Street Drinking Orders for areas outside the City Centre; and

(iv)         The existing Dog Control Orders

 

(2)       That further reports in relation to Drinking Orders be submitted to the Committee in September 2019 and Dog Control Orders during 2020.

 

(Rebecca Trueman – 01274 431364)

Additional documents:

Minutes:

The Assistant Director, Neighbourhoods and Customer Services presented Document “F” which outlined proposals and sought approval to commence the required public consultation exercise to implement variations and to extend or discharge the existing Public Space Protection Orders (PSPOs) for Bradford City Centre and the District.  Members were informed that the PSPOs had been in place for three years and now included the 2016 PSPO Drinking Order and Street Drinking.  The previous Orders would continue up to October 2019 and it was proposed that the public consultation would take place between now and September in relation to the first three orders, with the Dog Control Order process commencing in 2020.  It was noted that the PSPOs could not be continue or varied without evidence of the need to do so.

 

Members posed questions and were informed that:

 

·         Additional streets could be added to the PSPOs if evidence required it.  This had occurred during the previous consultation and was part of the variation.  PSPOs could be amended to reflect current situations.

·         There were no recorded issues regarding legal highs, so they may be removed. 

·         The PSPO related to the refusal to surrender alcohol, not that alcohol could not be consumed in the area, however, only specific areas in City Park and Centenary Square were licensed.

·         If a new PSPO was required in a different area endeavours would be made to include it in the report to be submitted in September.

·         The police would provide evidence and may attend the meeting, however, any decision would be made by the Committee.

·         The consultation process would include a survey that would be circulated and the public, key stakeholders and companies would be contacted.  Advertisements would also be place in the Telegraph and Argus and the Keighley News.  A four week consultation period would be undertaken and the details reported to the Committee in September.

 

 Resolved -

 

(1)       That the Assistant Director, Neighbourhoods and Customer Services be authorised to undertake the statutory consultation exercise in order to establish the evidence required to extend the following orders:

 

(i)            The 2016 Drinking City Centre Order;

(ii)          The 2002/03 City Centre Designated Public Places Order;

(iii)         The Street Drinking Orders for areas outside the City Centre; and

(iv)         The existing Dog Control Orders

 

(2)       That further reports in relation to Drinking Orders be submitted to the Committee in September 2019 and Dog Control Orders during 2020.

 

ACTION: Assistant Director - Neighbourhoods and Customer Services

19.

LAND BETWEEN CROFT HOUSE AND GREEN LANE, MAIN ROAD, EASTBURN pdf icon PDF 454 KB

Previous reference: Minute 109 (2014/15)

 

The Assistant Director - Planning, Transportation and Highways will present a report (Document “G”) in relation to an outline application for residential development of land for up to 35 dwellings requesting consideration of access, at land between Croft House and Green Lane, Main Road, Eastburn - 19/01509/MAO

 

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 delivering 20% affordable housing on-site.

 

(3)       That in the event that the Section 106 Agreement is not completed within three months of the date of this resolution, the application be delegated to the Assistant Director - Planning, Transportation and Highways for refusal

 

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:

Previous reference: Minute 109 (2014/15)

 

The Assistant Director - Planning, Transportation and Highways presented a report (Document “G”) in relation to an outline application for residential development of land for up to 35 dwellings requesting consideration of access, at land between Croft House and Green Lane, Main Road, Eastburn - 19/01509/MAO

 

The Assistant Director - Planning, Transportation and Highways informed Members that the application was outline with consideration of the access only.  He explained that there were trees along the boundary, on the site and at the entrance that were subject to Tree Preservation Orders (TPOs).  The site sloped slightly and a watercourse ran along the northern boundary.  Access to the site was from the main road and it was allocated as safeguarded land.  Its use for housing was accepted, however, a previous application on the land had expired.  A number of representations had been received in objection, including one from the local MP and a Ward Councillor had submitted a statement that highlighted issues in relation to the Council’s housing needs, other new development in the area, highway safety concerns and the protected trees.  The Assistant Director - Planning, Transportation and Highways reported that an outline application for residential properties had been approved in 2015 but had since lapsed, however, the principle that the site was acceptable for development remained.  He accepted that the loss of trees at the access was regrettable, but the retention of the trees on Green Lane was welcomed and the entrance would be shared with the existing nursing home.  The scheme would provide 20% affordable housing and a Section 106 Agreement was currently being drafted in relation to those units.  The Assistant Director - Planning, Transportation and Highways stated that an additional condition would be required regarding an updated ecological survey and conditions 8 and 9 on the application would need to be amended.  The application was then recommended for approval, subject to a Section 106 Agreement and conditions, including the addition and amendments previously mentioned.        

 

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

 

·         He did not have the housing level figures for Steeton with Eastburn, however, the Council’s review would be completed by the end of the year.  It was acknowledged that the figures may decrease but housing would still be required and the application would help boost housing in the area.  The figures could not be pre-empted and Members could only consider what was before them.  The site was allocated in the Council’s Development Plan.

·         The original scheme had included access across Green Lane to enter the site, however, the proposed shared access was the only acceptable solution.  It was a land locked site and protected trees would be lost. 

·         Access could not be gained via Green Close and further traffic on Green Lane would be unacceptable.  Residential and industrial traffic could not share the same entrance and access via East View would be problematic.  The scheme was under the limits of a  ...  view the full minutes text for item 19.