Agenda, decisions and minutes

Regulatory and Appeals Committee - Monday, 18th May, 2020 10.00 am

Venue: Meeting will be held remotely

Items
No. Item

77.

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:

(1)  In the interest of transparency Councillor Ellis disclosed an interest in Minute 81 (Land at Bolton Road, Silsden) as was a Member of the Flood and Coastal Committee and the Airedale Drainage Board.

(2)  In the interest of transparency Councillor Ellis also disclosed an interest in Minute 82 (19 Northgate, Baildon) as he was on the Planning Panel when the item was first considered in July 2019.  He undertook to approach the issue with an open mind and to consider all the relevant material planning issues before making a decision.

 

Action:  City Solicitor

 

78.

MINUTES

Recommended –

 

(1)       That the minutes of the meetings held on 6 February 2020 and 5            March 2020 be signed as a correct record.

 

(2)       That the minutes of the meetings of the Committee meeting as   Trustees held on 6 February 2020 and 5 March 2020 be signed as    a correct record.

(Yusuf Patel – 01274 434579)

Minutes:

Resolved –

 

(1)       That the minutes of the meetings held on 6 February 2020           and 5 March 2020 be signed as a correct record.

 

(2)       That the minutes of the meetings of the Committee meeting         sitting as Trustees held on 6 February 2020 and 5 March         2020 be signed as a correct record.

 

79.

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. 

 

(Yusuf Patel - 01274 434579)

Minutes:

There were no appeals submitted to review decisions to restrict documents.

 

 

80.

MEMBERSHIP OF SUB-COMMITTEES

Minutes:

There were no changes to Membership of Sub-Committees.

 

81.

LAND AT BOLTON ROAD, SILSDEN pdf icon PDF 868 KB

The Assistant Director (Planning Transportation and Highways) will submit a report (Document “AK”) which sets out a full planning application for construction of a bungalow and car space and new Bitmac surfacing and drainage to parts of unadopted back and side streets on land at Bolton Road, Silsden.

 

Recommended –

 

That the application be approved subject to the conditions set in Appendix 1 to Document “AK”.

(Mark Hutchinson - 01274 434605)

 

Minutes:

The Assistant Director Planning, Transportation & Highways submitted a report (Document “AK”) which set out an application for the construction of a bungalow,  car space and new Bitmac surfacing and drainage to parts of unadopted back and side streets on land at Bolton Road, Silsden.

 

It was reported that the application proposed a bungalow on a garden plot located on the other side of an unmade rear access behind 81-85 Bolton Road. The plot was owned by No 81. This application was similar to the application approved by Shipley/Keighley Area Planning Panel in March 2015.

 

That permission was not acted upon and this application sought a fresh permission. A number of objections had been received and the proposal was debated at the Shipley/Keighley Area Planning Panel meeting on 26th February 2020.

 

In response to the representations made to the meeting by neighbours and a ward councillor the panel resolved that :

“the application be deferred for further investigation to establish the position and extent of culverts or watercourses under or near the site, and to require amendments to the parking space layout.”

 

Members were informed that further discussions had been held with Yorkshire Water and the Council’s Drainage Section. It had been confirmed by the Principal Drainage Officer that there were no records of culverts or watercourses below the site known to the Council’s Drainage Section. The watercourse which may be shown on an historic Ordinance Survey map presented by an objector had been diverted.

 

It was reported that, however, it was accepted that knowledge of historic culverts may be incomplete so, as a precaution, the Principal Engineer advised that it would be reasonable to add an additional condition that required an intrusive ground investigation to determine the extent of any land drainage network and submit it to the Council along with proposals for dealing with any watercourses, culverts or land drains that might be found to exist within the site boundary.

 

Members were informed that a ‘pre-commencement’ condition had been agreed with the applicant’s agent that required that the condition of the land was determined before any building work could start on the site.

 

It was reported that additional alterations had been made to the application concerning the extent of the red line boundary which had also been queried by objectors. This red line had been amended to follow the boundary of line of the plot to the south west which ran parallel to the front of number 9 Townhead. This meant that the proposed resurfacing of this part of the unadopted highway abutting the site was no longer proposed as part of the application.

 

 

Members were informed that the car parking space for the bungalow had been amended in response to Area Panel Member’s concerns that it would be awkward to use.  The Highways Officer’s comments on the proposed development had remained unaltered.

 

It was reported that although the plot was restricted, the land was suitable for the modest bungalow being proposed. The development had been  ...  view the full minutes text for item 81.

82.

19 NORTHGATE BAILDON BD17 6JZ pdf icon PDF 905 KB

The Assistant Director (Planning Transportation and Highways) will submit a report (Document “AL”) which sets out a full planning application for the construction of single-storey private hire vehicle booking office on land to rear of 19 Northgate Baildon BD17 6JZ

 

Recommended –

 

That the application be approved subject to the conditions set in Appendix 1 to Document “AL”.

 (Mark Hutchinson - 01274 434605)

 

 

Minutes:

The Assistant Director Planning, Transportation & Highways submitted a report (Document “AL”) which set out an application to seek the, construction of single-storey private hire vehicle booking office on land to rear of 19 Northgate Baildon BD17 6JZ.

 

 The Assistant Director reported that the application was first approved by the Shipley/Keighley Area Planning Panel at its meeting in July 2019. The applicant acted in good faith on that grant of permission and built the single storey office, though not in full compliance with the approved plans as detailed in the report at Appendix A.  The operator had the appropriate private hire operating licence and had been using the office to operate the private hire fleet since September 2019.

 

Following the grant of planning permission, a 3rd party commenced Judicial Review (JR) proceedings to challenge the Council’s decision. In accordance with the Judicial Review Pre Action Protocol the Council agreed that it would quash its decision. A signed order was issued by the High Court in January 2020 putting that into effect. Accordingly, the Area Planning Panel’s decision is quashed and planning application 19/01605/FUL is brought to this meeting to be re-considered on its planning merits.

 

It was reported that the main planning issues which were debated at the July 2019 Panel meeting concerned the lack of off street car parking at the site and the implications for local highway safety. In addition, the site was in Baildon Conservation Area.

 

Members were informed that the private hire office had now been built and its appearance was slightly different to the plans considered at the Area Planning Panel. Amended plans including those design variations had been received and publicised. The visual appearance of the office and the manner of its operation and implications for local amenity and road safety were now more readily understood than they were in July 2019 given that the development was now built and the use had been operating since September 2019.

 

It was reported that t he main points of difference to the original design werethat the building was no longer detached – it was attached to an adjacent garage building; the customer booking window had been deleted as had the external covered customer waiting area; the applicant had advised that the majority of bookings were made remotely through dedicated phone lines and/or online;  the building had been built with a mono-pitched roof as opposed to the previously shown gabled structure with a dual-pitched roof; the external door to provide access to the toilet facilities had been deleted.

 

It was reported that the business had been in operation since its approval for 8 months now and had not caused any problems. It was acknowledged that the business provided a valuable service.

 

 

 

Members were informed that the amended scheme sought to address this concern by limiting the nature of the business in that by operating as a purely telephone/remote booking facility, customers would no longer need to call in-person to the site and wait for a  ...  view the full minutes text for item 82.

83.

24 HEIGHTS LANE, BRADFORD pdf icon PDF 660 KB

The Assistant Director (Planning Transportation and Highways) will submit a report (Document “AI”) which sets out a full planning application for the installation of roller shutters and creation of an additional Use Class A1 unit at 24 Heights Lane, Bradford.

 

Recommended –

 

That the application be approved subject to the conditions set in Appendix 1 to Document “AI”.

(Mark Hutchinson - 01274 434605)

Minutes:

The Assistant Director Planning, Transportation & Highways submitted a report (Document “AI”) which set out an application for the installation of roller shutters and creation of an additional Use Class A1 unit at 24 Heights Lane, Bradford.

 

It was reported that the main issue relating to the installation of roller shutters was their visual appearance and, with regards the additional retail unit, its effect on neighbouring amenities and highway safety.

 

Members were informed that the roller shutters had been amended to include a ‘brickbond’ design such that they now complied with the Council’s adopted supplementary planning document, ‘Shopkeepers Guide to Securing Premises’.

 

The additional retail unit was to be formed within the footprint of a building that was granted planning permission last year. The proposal did not increase the bulk or floor space of the building beyond that already permitted and so would have no additional impact on local residents, traffic generation, parking demand or delivery pressures.

 

The proposal was acceptable subject to standard conditions relating to commencement of the permitted development and compliance with approved plans, plus another to limit hours of operation.

 

It was reported that one representation had been received from a Ward Councillor, raising concerns and requesting the application is determined by the Area Planning Panel. Local residents had also expressed concerns about the visual amenity, increase traffic flow and increase in the disruption in the local environment.

 

It was considered that since the new units would be small, the amount of deliveries and servicing would be small.  There was space to the front of the units for service and delivery vehicles and overall, it was not considered that the level of servicing and deliveries for the three units would cause a detriment to highway safety.

 

Members felt conditions should be added in relation to the opening hours of the units and prohibiting outdoor storageto the front or side of the property.

 

Resolved-

 

That the application be approved for the reasons and subject to the conditions set out in the Strategic Director, Place’s technical report subject to the following additional conditions:

 

(1)          That there shall be no outdoor storage or display of equipment, plant, goods or materials within the site.

 

Reason: In the interests of visual amenity, provision of car parking and to accord with policies DS1 and TR2 Core Strategy Development Plan Document.

 

 

(2)       That the use of the premises shall be restricted to the hours from 0800 to 2000 Mondays to Saturdays and from 0900 to 1600 on Sundays, Bank or Public Holidays.

 

Reason: In the interests of the amenities of neighbouring residents and to accord with Policy DS5 of the Core Strategy Development Plan Document.

 

(3)       That the precise wording of the above resolution be delegated to the Assistant Director, Transportation, Design and Planning.

 

Action:           Strategic Director, Place

84.

'HAND AND SHUTTLE', 48 TONG STREET, BRADFORD pdf icon PDF 691 KB

The Assistant Director (Planning Transportation and Highways) will submit a report (Document “AJ”) which sets out a full planning application for the partial change of use of public house (Use Class A4) to car sales and forecourt with installation of full height showroom windows, internal roller shutter door and mesh link metal fencing at the ‘Hand and Shuttle’, 48 Tong Street, Bradford.

 

Recommended –

 

That the application be approved subject to the conditions set in Appendix 1 to Document “AJ”.

 (Mark Hutchinson - 01274 434605)

 

Minutes:

The Assistant Director Planning, Transportation & Highways submitted a report (Document “AJ”) which set out an application for the for the partial change of use of public house (Use Class A4) to car sales and forecourt with installation of full height showroom windows, internal roller shutter door and mesh link metal fencing at the ‘Hand and Shuttle’, 48 Tong Street, Bradford.

 

It was reported that the main planning-related issues related to (i) the physical alterations to part of the building, chiefly the installation of showroom windows, a rear service door and security fencing, (ii) noise and disturbance of neighbouring residents and (iii) highway safety, which was the main focus of objections received to the proposal.

 

The physical changes to the building would not be harmful to its appearance and, with regards the fencing, were subject to a previous planning permission. 

Whilst noting the opening hours of the exiting public house and its location on the busy Tong Street, the operating hours of the car sales business would be unlikely to cause an increase in noise and disturbance, and could be controlled through a suitably worded condition.

 

In highway safety terms, the proposal was relatively small-scale that would not generate a significant level of traffic. Furthermore, it and would replace and unsatisfactory access off Tong Street and the unmade Melford Street with one from the Rook Lane. This was a similar arrangement to a scheme previously granted planning permission.

 

The Council’s Highways Engineer had offered support to the proposal.

Members were informed that 23 objection letters had been received from nearby residents; one of the letters stated that it was not a petition and should be classed as one objection which included a list of 27 signatories. The summary of representations were detailed in the report.

 

It was suggested that condition 6 also include that the acoustic fencing should be retained while the development use subsists.

 

Resolved-

 

(1)       That the application be approved for the reasons and subject to the conditions set out in the Strategic Director, Place’s technical report subject to Condition 6 being amended as follows:

 

Prior to the first use of the development and while the use hereby approved thereafter subsists, an acoustic fencing to the specification and extent shown on the approved plans (28-019.02 C), shall be erected adjacent to the domestic curtilages of group of 4 terrace houses. The acoustic fence shall be retained whilst ever the use subsists.

 

Reason: To protect the residential amenities of the nearest occupiers in accordance with policies DS5 and EN8 of the Core Strategy Development Plan Document.

 

(2)       That the precise wording of the above resolution be delegated to the Assistant Director, Transportation, Design and Planning.

 

Action:           Strategic Director, Place