Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 7th November, 2019 10.00 am

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

Items
No. Item

41.

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 interest of transparency Councillor Ellis disclosed that he was a Member of a number of drainage authorities.

 

ACTION: City Solicitor

 

42.

MINUTES

Recommended –

 

That the minutes of the meeting held on 12 September 2019 be signed as a correct record.

 

(Yusuf Patel – 01274 434579)

Minutes:

Resolved -

 

That the minutes of the meeting held on 12 September 2019 be signed as a correct record.

 

 

43.

MEMBERSHIP OF SUB-COMMITTEES

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

 

                                                            (Yusuf Patel – 01274 434579)

Minutes:

There were no membership changes to report.

44.

LAND AT GOOSE COTE LANE, OAKWORTH, KEIGHLEY

(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. 

 

(Yusuf Patel - 01274 434579)

Minutes:

Previous Reference: Minute 77 (2017/18)

 

The Assistant Director (Planning, Transportation and Highways) presented a report (Document “Q”) in respect of an outline application for a residential development of up to 100 dwellings with all matters reserved apart from access - land at Goose Cote Lane, Oakworth, Keighley – 18/05104/MAO.

 

The Committee was reminded that an earlier application was refused in 2018 for 130 residential units at the site.

 

The Assistant Director explained that the applicant had now withdrawn the application and therefore the matter would not be considered at today’s meeting.

 

The Chair stated that the applicant had withdrawn the application very late in the day and that officers had to make contact with interested parties at short notice, and that it would have been courteous to have been given adequate notice of the withdrawal.

 

Resolved –

 

That the withdrawal of the application by the applicant be noted.

 

ACTION: No Action          

45.

LAND AT LONG LEE LANE, KEIGHLEY pdf icon PDF 199 KB

The Assistant Director (Planning, Transportation and Highways) will present a report (Document “R”) which explains a full application for the construction of 61 affordable houses with associated car parking and access at Long Lee Lane, Long Lee, Keighley – 19/02851/MAF.

 

The Committee is reminded that an outline planning permission for up to 58 open market houses was approved in 2016.

 

Recommended –

 

That the application be approved for the reasons and subject to the conditions outlined in appendix 1 to Document “R” and a Section 106 Agreement to cover maintenance of a highway drain and public footpath improvements.

 

(John Eyles- 01274 434380)  

Minutes:

The Assistant Director Planning, Transportation and Highways presented a report (Document “R”) which explained a full application for the construction of 61 affordable houses with associated car parking and access at Long Lee Lane, Long Lee, Keighley – 19/02851/MAF.

 

The Committee was reminded that an outline planning permission for up to 58 open market houses was approved in 2016.

 

The Assistant Director provided an overview of the proposed development, showing photographs of the site, plans and drawings and summarising the representations that had been received.  He also reported on two additional objections that had been received citing traffic/highway and overlooking concerns.

 

A representative from Airedale NHS Trust was present at the meeting and stated that the proposed development would have an impact on NHS provision in the area as it would lead to an increase in the number of patients using the existing hospital provision, and she urged that the developer makes an appropriate contribution to offset the additional demand.

 

A Keighley Town Councillor was also present at the meeting and stated that this was the latest in a long line of other developments in the vicinity and its impact would be felt in the area.  In particular it was stated that Long Lee Lane was a narrow road and already suffered from congestion.  In addition the infrastructure in the area such as the hospital, GP surgery and schools would struggle to cope with the additional demand.  The Town Councillor urged Members to refuse the application and suggested that there were more suitable brownfield sites in Keighley that a development of this nature would be a more sustainable location for.

 

In response to the issues raised by the representative from the NHS, the Assistant Director explained that in terms of imposing a Section 106 contribution for health, a number of tests have to be applied and the additional strain on the hospital as a result of this development could not be justified in order to impose a contribution on the developer.  It was further stressed that any additional demand for NHS provision as a result of the development would have to be factored in by the NHS into the long term health care planning for the area.

 

In respect of a question regarding the highway implications on the Coney Lane bridge, the Highways Engineer stated that this proposal would not adversely impact on the existing network including the Coney Lane bridge, however future schemes may have an impact.

 

The agent for the applicant stated that the proposed layout was intended to improve access for residents and that the site was already an identified housing site, which would create 100% affordable housing units, which would be visually acceptable with landscaping.

 

During the discussion Members, expressed their support for the application, stating that the 100% affordable units would significantly boost the number of affordable units in the area .

 

A Member expressed concerns about the impact the development would have on the Coney Lane bridge as there was already congestion  ...  view the full minutes text for item 45.

46.

LAND AT ASHLANDS ROAD, ILKLEY pdf icon PDF 360 KB

Previous Reference: Minute 79 (2017/18)

 

The Committee is asked to consider Document “S” which presents a reserved matters application requesting consideration of access, appearance, landscaping, layout and scale of a residential development of 14 dwellings (pursuant to outline approval reference 16/04629/MAO) – land at Ashlands Road. Ilkley – 18/03853/MAR.

 

Recommended –

 

That the reserved matters application be approved, for the reasons and subject to the conditions set out in appendix 1 to Document “S”.

 

(John Eyles – 01274 434380)

Minutes:

Previous Reference: Minute 79 (2017/18)

 

The Committee was asked to consider (Document “S”)which presented a reserved matters application requesting consideration of access, appearance, landscaping, layout and scale of a residential development of 14 dwellings (pursuant to outline approval reference 16/04629/MAO) – land at Ashlands Road. Ilkley – 18/03853/MAR.

 

The Assistant Director provided an overview of the proposed development, showing photographs of the site, plans and drawings and summarising the representations that had been received.

 

The Assistant Director stated that a number of additional conditions were being proposed regarding drainage and additional terms such as landscaping and boundary treatment plan.

 

Objectors were present at the meeting and stated that the site of the proposed development regularly flooded and as such was unsuitable for development and that the proposed drainage would not adequately deal with the problem.  In addition the lack of parking was already an issue in the area and 14 additional houses plus a vets surgery would only increase the amount of traffic using the area, and they urged that the application be refused.

 

In response to the concerns raised by the objectors, the Assistant Director explained that the highways issues had already been dealt with at the outline stage and that a number of highway upgrades were being proposed by way of condition.  In relation to drainage, the proposed conditions would adequately deal with any surface water run off from the site and no adverse concerns had been raised by the Lead Local Flood Authority.  In addition odour tests had also been carried out by Yorkshire Water and the application was considered acceptable.

 

During the discussion a Member raised concerns about the suitability of the proposed garages to house a vehicle, and it was stated that the garages were in addition to the two car parking spaces allocated for each dwelling.  Members were adamant that the proposed garages should be not be converted into habitable rooms and a condition should therefore be imposed to that effect, and it was therefore:

 

Resolved

 

That the reserved matters application be approved, for the reasons and subject to the conditions set out in appendix 1 to Document “S” and also subject to the following additional conditions:

 

(i)         Approved Plans

 

The development hereby approved shall only be carried out in accordance with the following documents:-

 

P401 Rev P- Proposed Site Plan

P402 Rev J-Proposed Site Areas Plan

P403 Rev D- Proposed Surfacing Treatment Plan

P404 Rev D- Proposed Boundary Treatment Plan

P406 Rev D- Proposed Tracking Plan

P102 Rev D- Type B Plans and Elevations

P110 Rev C- Type AC Plans and Elevations

P111- Type DD Plans and Elevations

P112- Type AE- Plans and Elevations

 

P301 Rev A- Existing and Proposed Site Sections      

P302 Rev A- Proposed Swale Sections                                                                                     

 

MR18-052/101-Rev F Soft Landscaping Specification

4079-1-R1-Rev E- Access Road GA and Long Section

 

Reason: For the avoidance of doubt as to the terms under which this planning permission has been granted.

 

(ii)        Swale Details

 

Notwithstanding the details contained in the supporting information,  ...  view the full minutes text for item 46.