Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 12th September, 2019 10.00 am

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

Contact: Claire Tomenson 

Items
No. Item

33.

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.

34.

MINUTES

Recommended –

 

That the minutes of the meetings held on 18 July and 18 July 2019 (Trustees) be signed as a correct record.

 

(Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

That the minutes of the meetings held on 18 July and 18 July 2019 (Trustees) be signed as a correct record.

 

35.

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.

36.

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:

Resolved –

 

That the appointment of Sue Lowndes as an Education Non-Voting Co-opted Member to the Corporate Parenting Panel for the remainder of the 2019/20 municipal year be confirmed.

 

ACTION:       City Solicitor

37.

THE 2016 CITY CENTRE PUBLIC SPACE PROTECTION ORDER (AND OTHERS) (VARIATIONS AND EXTENSIONS AND DISCHARGES) pdf icon PDF 123 KB

Previous reference: Minute 18 (2019-20)

 

The Assistant Director, Neighbourhoods and Customer Services will present Document “M” which provides a summary of the responses from the statutory consultation on the proposed extension, variation or discharge of thePublic Space Protection Orders (PSPOs) for Bradford City Centre, Keighley Town Centre, and Shipley Town Centre, Bingley Town Centre and West Bowling and submission of proposals arising from the responses to the consultations.

 

Recommended -

 

(1)       That the Assistant Director, Neighbourhoods be authorised to:

 

(i)            extend the current Public Space Protection Orders for three years in Bradford City Centre, Shipley Town Centre, Bingley Town Centre and Keighley Town Centre and replace the words ‘exclusions zone’ with restricted area in the 2016 City Centre order; and

 

(ii)          remove the restrictions relating to ‘legal highs’ in the 2016 order due to lack of evidence to justify the continuation of that restriction in the order and create a new order dated 2019.

 

(2)       That the Public Space Protection Order for West Bowling be discharged due to lack of response from the consultation and lack of evidence of continuing levels of antisocial behaviour to justify the continuation of the order, as detailed in Appendix F to Document “M”.

 

(Rebecca Trueman – 01274 431364)

 

Additional documents:

Minutes:

Previous reference: Minute 18 (2019-20)

 

The Assistant Director, Neighbourhoods and Customer Services presented Document “M” which provided a summary of the responses from the statutory consultation on the proposed extension, variation or discharge of thePublic Space Protection Orders (PSPOs) for Bradford City Centre, Keighley Town Centre, Shipley Town Centre, Bingley Town Centre and West Bowling and submission of proposals arising from the responses to the consultations.

 

He reminded Members that at its meeting on 18 July 2019, the Committee authorised the undertaking of a public consultation.  71 responses had been received in response to an online survey as well as written support for the continuation of the PSPO from the Police and Crime Commissioner for West Yorkshire, Bradford District Chamber of Trade and Bradford Business Improvement District (BID). 

 

He stated that since the introduction of the City Centre PSPO (relating to legal highs and alcohol misuse) in October 2016 the number of alcohol related incidents recorded by the Police had fallen by 43% district-wide and 54% in the city centre.  He recommended that, with the exception of the PSPO for West Bowling where there was no evidence base to continue, the current PSPOs be extended for a further three years.

 

In response to a question from the Chair, it was reported that there was lack of evidence of continuing levels of antisocial behaviour to justify the continuation of the PSPO in West Bowling and that it was introduced due to issues arising from a particular premises, which had since closed and incidents had significantly reduced as a consequence.

 

The City Solicitor provided assurances to Members that he considered there was sufficient evidence on which to make their decision and, if they were minded to approve the continuation of the PSPOs, suggested they be listed in the resolution.

 

Resolved –

 

(1)       That the Assistant Director, Neighbourhoods be authorised to:

 

(i)            extend the current Public Space Protection Orders listed in (i) to (vi) below for three years in Bradford City Centre, Shipley Town Centre, Bingley Town Centre and Keighley Town Centre and replace the words ‘exclusions zone’ with restricted area in the 2016 City Centre order:

 

(i)            Public Space Protection Order 1 of 2016

(ii)          Drinking in Public Places Designated Order No 2 Areas within Bingley Town Centre 2003 PSPO

(iii)         Drinking in Public Places Designated Order No 3 Areas within Shipley Town Centre 2003 PSPO

(iv)         Drinking in Public Places Designation Order No 4 Areas within Keighley Town Centre 2003 PSPO

(v)          Drinking in Public Places Designation Order No 1 Areas within Bradford City Centre 2002 PSPO

(vi)         Drinking in Public Places Designation Order No 1 Extension of Areas within Bradford City Centre 2003 PSPO

 

(ii)          and remove the restrictions relating to ‘legal highs’ in the 2016 order due to lack of evidence to justify the continuation of that restriction in the order and create a new order dated 2019.

 

(2)       That the Public Space Protection Order for West Bowling be discharged due to lack of response from the  ...  view the full minutes text for item 37.

38.

BUILDING CONTROL CHARGES pdf icon PDF 95 KB

The Strategic Director, Place will present Document “N” that requests approval of the introduction of a number of charges for services carried out by the Council’s Building Control Service.

 

Recommended –

 

That Option 1, the charging of fees for the items outlined within Document “N”, be approved.

 

(Chris Eaton – 01274 434605)

Minutes:

The Strategic Director, Place presented Document “N” which requested approval of the introduction of a number of charges for services carried out by the Council’s Building Control Service for additional inspections relating to building regulations applications, works relating to safety at sports grounds and demolition applications.  These charges would create an income stream of approximately £77,000 per year for the Building Control Service to offset the cost of non-chargeable activity and assist the Council with budgetary pressure.  

 

The Chair spoke of retrospective applications, acknowledged the additional work required from officers when considering them, and questioned whether the proposed charges would increase costs for those applications.  In response to a question from the Chair, it was reported that a fee was already in place for retrospective applications and it was acknowledged that those applications were more challenging.

 

Resolved –

 

That Option 1, the charging of fees for the items outlined within Document “N”, be approved.

 

ACTION:       Strategic Director, Place

39.

LAND AT GRID REF 411346 431859, HOLTS LANE, CLAYTON, BRADFORD pdf icon PDF 383 KB

The Assistant Director - Planning, Transportation and Highways will present Document “O” which seeks consent for the variation of condition 7 of planning permission 18/01540/MAF to allow the peak pumped foul water discharge to not exceed 5 litres per second on land at Grid Ref 411346 431859, Holts Lane, Bradford - 19/02483/VOC

 

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 Document “O” which sought consent for the variation of condition 7 of planning permission 18/01540/MAF to allow the peak pumped foul water discharge to not exceed 5 litres per second on land at Grid Ref 411346 431859, Holts Lane, Bradford - 19/02483/VOC.

 

The Assistant Director - Planning, Transportation and Highways explained that planning permission had already been granted for 100 dwellings on the site.  He stated that the proposal would not alter the amount of foul water discharge as the scheme simply related to an increase in the flow.  He stated there was a pumping station on a field adjacent to the site through which the foul water flowed and that the proposal was to improve the efficiency of the water flow.  The change had been agreed with the Council’s Drainage Services and Yorkshire Water and neither had raised an objection to the proposal.  The previous permission was subject to a Section 106 Legal Agreement to secure the provision of 20 affordable houses. A Deed of Variation was to be secured as part of the new recommendation to grant planning permission.  He considered the proposal acceptable and recommended it for approval.

 

In response to Members’ questions, it was reported that:

 

·         Existing pipes would be used for the proposal.

·         Approximately a third of the dwellings were occupied on the site.

·         It was common for developers to come across issues such as this one as schemes progressed.

·         Development of the site would take approximately a further 18 months.

·         Objectors had raised concerns regarding surface water drainage, not foul water drainage, during the original consultation process for the scheme.

 

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

 

·         She had received a number of concerns from local residents in relation to foul water on the site.

·         There had been a survey undertaken 20 years ago on the site which had raised issues in relation to foul water and drainage on the site.

·         The pumping station had blighted the community.

·         This issue had arisen when only part of the site had been occupied.

·         She considered the pumping station was not working properly.

·         She felt let down by the Council’s Planning and Enforcement Officers.

·         Surface water was on the land.

·         Local people in the area knew the local area well.

·         She did not consider the site to be appropriate for the development.

·         The pumping station for the site was not within the red line boundary.

·         Yorkshire Water had a pumping station a mile away from the site and they were constantly on the site clearing it out.

·         She considered the application would get approved by the Committee.

·         She thanked the Committee for listening to her concerns.

 

In response to concerns raised, the Assistant Director - Planning, Transportation and Highways stated that the application related to the varying of a condition to alter the amount of foul water discharge from 4 to 5 litres per second in order to alleviate problems being experienced  ...  view the full minutes text for item 39.

40.

27 KINGS ROAD, ILKLEY pdf icon PDF 499 KB

The Assistant Director - Planning, Transportation and Highways will submit Document “P” in relation to a full application for the demolition of house and garage and redevelopment with apartment building (10 apartments) at 27 Kings Road, Ilkley - 19/01710/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 submitted Document “P” in relation to a full application for the demolition of house and garage and redevelopment with apartment building (10 apartments) at 27 Kings Road, Ilkley - 19/01710/MAF.

 

The Assistant Director - Planning, Transportation and Highways provided a summary of his report and explained that the design and appearance of the proposed building was considered appropriate to the context of the application sites location and that it had been assessed in relation to the impact on the character and setting of the neighbouring Grade I listed building (Heathcote) which was one of 23 Grade I listed buildings in the Bradford District.  The proposal was well screened by trees and the proposed apartment building would not be visible from the street.  Members were shown photographs of zinc material which was proposed to be used as part of the development and which was considered to be appropriate in the context of the scheme.  He recommended the application be approved with the inclusion of additional conditions relating to details of bin storage, car parking and sample materials.

 

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

 

·         Pre-application stage discussions had taken place with officers to produce a scheme which contributed positively to the area.

·         Careful assessment had taken place regarding the neighbouring Grade I listed building.

·         Separation distances complied with guidelines.

·         Parking, access and design were considered acceptable.

 

In response to Members questions, it was reported that:

 

·         The proposed building would be 2.4 metres taller than the neighbouring Grade I listed building and 2.5 metres lower at ground level.

·         The apartments would generally have two bedrooms each; some would have a study or small third bedroom.

·         The width of the access was just over 4 metres.

 

Members welcomed the scheme and considered it to be well thought out, particularly as it was in a conservation area and next to a Grade I listed building.

 

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 subject to the inclusion of the following additional conditions:

 

14. Prior to the occupation of the approved development details of a bin store shall be submitted to and approved in writing by the LPA. The development to be carried out in accordance with the approved details and retained as such thereafter.

 

Reason: In the interests of amenity.

 

15. Before any part of the development is brought into use, the proposed car parking spaces shall be laid out, hard surfaced, sealed, marked out into bays and drained within the curtilage of the site in accordance with a plan to be approved and to a specification to be submitted to and approved in writing by the Local Planning Authority. The car park so approved shall be kept available for use while ever the development is in use.

 

Reason: In the interests of highway safety.

 

16. Before  ...  view the full minutes text for item 40.