Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 15th August, 2019 10.00 am

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

Contact: Claire Tomenson 

Items
No. Item

23.

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 Wainwright and Warburton disclosed that they had been Members of the Committee when the application concerning Land at Ryedale Way, Allerton, Bradford (Minute 28) 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.

 

In the interests of transparency, Councillor Amran disclosed that he knew some of the people associated with the application concerning Tile Street, Manningham, Bradford (Minute 29) but he had not discussed any of the matters now before the Panel for determination with any interested parties.

 

ACTION:       City Solicitor

 

 

24.

MINUTES

Recommended –

 

That the minutes of the meeting held on 27 June 2019 be signed as a correct record.

 

(Claire Tomenson – 01274 432457)

 

Minutes:

Resolved –

 

That the minutes of the meeting held on 27 June 2019 be signed as a correct record.

 

25.

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.

 

26.

MEMBERSHIP OF SUB-COMMITTEES

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

 

Recommended –

 

That the appointment of Non-Voting Co-opted Members to the Corporate Parenting Panel for the 2019/20 municipal year be confirmed as set out below:

 

·         Inspector Kevin Taylor – West Yorkshire Police

·         Yasmin Umarji (until September 2019) – Education

·         Sue Thompson – Bradford District Clinical Commissioning Group

·         Chair of Children in Care Council

 

                                                            (Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

That the appointment of Non-Voting Co-opted Members to the Corporate Parenting Panel for the 2019/20 municipal year be confirmed as set out below:

 

·         Inspector Kevin Taylor – West Yorkshire Police

·         Yasmin Umarji (until September 2019) – Education

·         Sue Thompson – Bradford District Clinical Commissioning Group

·         Chair of Children in Care Council

 

ACTION: City Solicitor

27.

SPONSORSHIP INITIATIVE FOR ROUNDABOUTS, FLOWERBEDS AND HIGHWAY VERGES pdf icon PDF 92 KB

The Strategic Director, Place will present a report (Document “I”) that requests approval of an updated procedure for the sponsorship of roundabouts, flowerbeds and highway verges across the Bradford District.

 

Recommended –

 

That Option 1, a new sponsorship procedure and planning guidance contained within Document “I”, be approved.

 

(Phil Barker/Ian Horsfall - 01274 432616/434605)

 

 

 

Additional documents:

Minutes:

The Strategic Director, Place presented a report (Document “I”) that requested approval of an updated procedure for the sponsorship of roundabouts, flowerbeds and highway verges across the Bradford District.  Members were informed that the updated guidance had resulted due to a complaint that had been submitted regarding the location of a sponsorship sign.  The existing guidance had been in operation since 1993 and was outdated.  The new proposal included the use of sustainable materials for the signs and they would be constructed in-house.  The new policy would also require two checks to be undertaken, one with the Highways Department to be placed on a register and the other with the Planning Department in order to obtain Advertisement Consent.  A sign would not be erected until planning consent was obtained.  In conclusion the Strategic Director, Place recommended the guidance for approval.

 

In response to a Member’s query the Strategic Director, Place confirmed that the Network Resilience Team would be advised via the Parks and Greenspaces Department.    

 

Resolved –

 

That Option 1, a new sponsorship procedure and planning guidance contained within Document “I”, be approved.

 

ACTION: Strategic Director, Place

 

 

28.

LAND AT RYEDALE WAY, ALLERTON, BRADFORD pdf icon PDF 888 KB

The Assistant Director - Planning, Transportation and Highways will present

Document “J” which relates to a full application for the construction of 104 houses and access, land off Ryedale Way, Allerton, Bradford - 13/04498/MAF

 

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 the provision of 20 affordable houses 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:

The Assistant Director - Planning, Transportation and Highways presented Document “J” which related to a full application for the construction of 104 houses and access, land off Ryedale Way, Allerton, Bradford - 13/04498/MAF

 

The Assistant Director - Planning, Transportation and Highways informed Members that a further three letters of representation had been submitted since the report had been published, however, no new issues had been raised.  He confirmed that the application would be subject to a Section 106 Agreement with a caveat that it had to be signed within three months or the application would be refused.  The application was then recommended for approval, subject to the legal agreement and conditions as set out in the report.

 

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

 

·         Further consultations had been undertaken in relation to the drainage and flooding concerns and no new issues had been raised.

·         Drainage on the site would be controlled via conditions.

·         The application was dependent on the sole means of access off Ryedale Way, which was under the control of Accent Housing and the Council had not been party to the discussions.  An agreement had not been reached in 2014 or up to present, however, the issue had now been progressed and arrangements would be made.  A Section 106 Agreement had been drafted and if it was not completed within three months the application would be refused.  This would be the final opportunity for the applicant to agree access.

·         The applicant had been requested to provide an update on ecological and biodiversity issues, which had not been submitted, however, no objections had been received on either matter. 

·         There would be a mix of house types and the highway was more than adequate in width, highway safety terms and visibility.

·         The demand was for two or three bedroom properties and there would not be any four bedroom houses in the scheme.

·         Work had not been carried out on the village green and there would be a number of areas around the site where access could be gained onto the village green.

  

A Ward Councillor was present at the meeting and made the following points:

 

·         Objections had been raised by local residents.

·         The scheme would have an adverse impact on the community.

·         All three Ward Councillors had objected to the proposal along with local residents.

·         The issues raised were valid and evidenced.

·         The applicant had a history of reneging on Section 106 Agreements.

·         The site had drainage and sewage issues.

·         The site was land locked.

·         There was no evidence of an access point.

·         The scheme would impact on NHS facilities.

·         Access would be provided to Council owned land, which could be a conflict of interest.

·         The previous application was several years old.

·         Significant changes had been made in the area.

·         New residential developments had been constructed.

·         Traffic would feed into local roads.

·         Properties had been extended in the area.

 

The Assistant Director - Planning, Transportation and Highways explained that:

 

·         Construction management plans  ...  view the full minutes text for item 28.

29.

CONSTRUCTION OF COMMUNITY FACILITY WITH ANCILLARY ACCOMMODATION, TILE STREET, MANNINGHAM, BRADFORD pdf icon PDF 1 MB

The Assistant Director - Planning, Transportation and Highways will submit Document “K” in relation to a full planning application for the construction of a community facility with ancillary accommodation at Tile Street, Manningham, Bradford - 18/05541/MAF.

 

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: 

 

(i)    The provision of highway works through a Section 278 Agreement to:

a) deliver proposed waiting restrictions and permit parking; and

b) the re-location of the existing prohibition of driving on Holker Street to the Tile Street junction in order to facilitate access from Belvedere Terrace.

 

(ii)  The securing of £12,000 to be used for post-development traffic/parking surveys and a Traffic Regulation Order (TRO) if required.

 

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 “K” in relation to a full planning application for the construction of a community facility with ancillary accommodation at Tile Street, Manningham, Bradford - 18/05541/MAF.

 

Members were informed that following the publication of the report an additional representation had been submitted, but no new issues had been raised. 

 

In response to questions raised, the Assistant Director - Planning, Transportation and Highways clarified that:

 

·         The length of the building’s frontage would be 70 metres.

·         Details on how the land would be excavated had been requested and retaining information had been provided, however, the requirement of an independent engineers report had been placed as a condition on the application.  The properties on Aberford Road would not be undermined and excavations would be made from the Tile Street side of the site.

·         The applicant would be liable if any issues arose.

·         A detailed landscape proposal had been conditioned and would have to be managed.

·         The landscape management plan would ensure that the site would be maintained for 10 years and issues would have to be enforced.

·         The closure of Holker Street stopped vehicles taking short cuts through the area and the Council’s Highways Department did not want to re-open the route.  The preferred option would be to allow access from Belvedere Terrace and close the road at the junction of Holker Street and Tile Street.

 

An objector was present at the meeting and raised the following points:

 

·         She lived on Holker Street and her house would be very close to the proposed building.

·         There was no need for the facility.

·         There was a sports centre, gym and community centre close by.

·         Residents had been visited during the consultation period, but there had been language issues.

·         Residents had been informed that planning permission had been granted and residents’ signatures were required.

·         Promises had been made that the Mosque would be a community centre, however, women were not permitted inside.

·         Traffic congestion in the area was due to people attending the Mosque.

·         Holker Street was regularly closed off due to indiscriminate parking.

·         Youths would congregate in the area.

·         The proposal would impact on the community.

·         The Mosque had two halls that were not used and community events could be held there.

 

In relation to the parking issues raised, the Assistant Director - Planning, Transportation and Highways stated that adequate on site parking provision would be provided and a residents parking scheme had been proposed.

 

In response to further questions, it was explained that:

 

·         It was not unusual to have buildings that were out of keeping with the area.  Bradford had a tradition of stone structures, however, a number of religious premises had been constructed from other materials.  The proposal had been designed to stand out in presence.

·         The site was surrounded by a mixture of residential properties and was intended to be a statement.

·         The Mosque had been present for 10 years.

·         Notices had been placed on Aberford Road and Holker Street and a site  ...  view the full minutes text for item 29.