Agenda and decisions

Regulatory and Appeals Committee
Thursday, 25th June, 2020 10.00 am

Items
No. Item

2.

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.

3.

MINUTES

Recommended –

 

That the minutes of the meeting held on 18 May 2020 be signed as a correct record.

(Yusuf Patel – 01274 434579)

4.

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)

 

5.

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)

 

6.

LAND WEST OF DERRY HILL MENSTON ILKLEY pdf icon PDF 673 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “A”) which sets out a full application for residential development of 47 homes, with access from Derry Hill.

 

Recommended –

 

That the application be approved subject to the completion of the Section 106 Agreement and conditions contained in Appendix 1 to Document “A”.

(John Eyles - 01274 434380)

 

 

Decision:

Resolved –

 

(1)  That the application be approved subject to the completion of the Section 106 Agreement and conditions contained in Appendix 1 to Document “A”.

 

(2)  That in respect of Condition 4, the development shall be carried out in accordance with the approved dwgs. 43885-013 B; 43885-014 B; 43885-015 B; 43885-016 C and the surface water drainage scheme shall be designed in accordance with dwg no. 43885-002 J. The maximum surface water discharge rate, off-site, shall not exceed 5.0 litres per second and the scheme so approved shall thereafter be implemented in accordance with the approved details.

 

Reason: In the interests of the amenity of future occupiers, pollution prevention and the effective management of flood risk and to accord with Policies DS5, EN7 and EN8 of the Core Strategy Development Plan Document.

 

(3)  That an additional condition be imposed to state that notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any subsequent equivalent legislation) the integral garages within the dwelling(s) hereby permitted shall remain available for the purposes of garaging and no subsequent alterations to convert these garages to primary residential accommodation addition shall be carried out without the express written permission of the Local Planning Authority.

 

Reason: To ensure these facilities remain for parking purposes, in the interests of amenity and highway safety and to accord with Policies TR2, DS4 and DS5 of the Core Strategy Development Plan Document.

 

(John Eyles - 01274 434380)

 

 

7.

LAND AT MOOR LANE MENSTON ILKLEY WEST YORKSHIRE pdf icon PDF 763 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “B”) which sets out a full application for construction of 114 dwellings with new vehicular access from Moor Lane, public open space and associated infrastructure and engineering operations.

 

Recommended –

 

That the application be approved subject to the completion of the Section 106 Agreement and conditions contained in Appendix 1 to Document “B”.

(John Eyles - 01274 434380)

 

 

 

Decision:

Resolved –

 

(1)  That the application be approved subject to the completion of the Section 106 Agreement and conditions contained in Appendix 1 to Document “B” and to the following amendments:

 

(i)            Condition 1. The development hereby approved shall only be carried out in accordance with following plans P18:5194 V; P18:5194:05; P18:5194:10-35 inc. P18:5194:37-39 inc. 5865.02E; 5865.03E; 5865.04 E; 5865.05E.

 

Reason: For the avoidance of doubt as to the terms under qwhich this planning permission has been granted since amended plans have been received.

 

(ii)          Condition 6. Prior to the commencement of development a phasing plan shall be submitted to and approved in writing by the LPA. The phasing plan shall set out the phasing of the approved development, including the means of vehicular and pedestrian access and the constructional specification for each phase of approved development. The approved development to be carried out in accordance with the phasing plan.

 

Reason: To ensure that a suitable form of access is made available to serve the development in the interests of highway safety and to accord with Policies DS4 and DS5 of the Local Plan for Bradford.

 

(2)  That an additional condition be imposed to state that notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any subsequent equivalent legislation) the integral garages within the dwelling(s) hereby permitted shall remain available for the purposes of garaging and no subsequent alterations to convert these garages to primary residential accommodation addition shall be carried out without the express written permission of the Local Planning Authority.

 

Reason: To ensure these facilities remain for parking purposes, in the interests of amenity and highway safety and to accord with Policies TR2, DS4 and DS5 of the Core Strategy Development Plan Document.

 

 

(John Eyles - 01274 434380)

 

8.

FORMER SITE OF STATION SAWMILL STATION ROAD DENHOLME BRADFORD WEST YORKSHIRE BD13 4BS pdf icon PDF 1 MB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “C”) which sets out a full application for the construction of 72 residential dwellings and associated site access at the former site of the Station Sawmill, Station Road, Denholme.

 

Recommended –

 

That the application be approved subject to the completion of the Section 106 Agreement and conditions contained in Appendix 1 to Document “C”.

(John Eyles - 01274 434380)

 

 

 

Decision:

Recommended –

 

That the application be approved subject to the completion of the Section 106 Agreement and conditions contained in Appendix 1 to Document “C” and subject to the amendment of condition 1 to state P3 and P4.

(John Eyles - 01274 434380)

 

 

9.

STATION YARD STATION ROAD CULLINGWORTH BRADFORD WEST YORKSHIRE BD13 5HP pdf icon PDF 544 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “D”) which sets out a full application for the construction of a combine heat and power gas generator on land to the west of Turf Lane adjacent to HCF Poultry Ltd., Cullingworth. The application site is located in the Green Belt.

 

Recommended –

 

That the application be approved subject to the conditions contained in Appendix 1 to Document “D”.

 

(Mark Hutchinson 01274 434605)

 

 

Decision:

Resolved –

 

(1)  That the application be approved subject to the conditions contained in Appendix 1 to Document “D” and the  additional amendment to those conditions set out below.

 

(2)  That a new condition 1 be imposed to read “The CHP gas generator shall not be installed until a detailed noise impact assessment has been carried out to determine the impact of the equipment on the nearest noise sensitive premises on Turf Lane and Station Road and a scheme for acoustic insulation to address any necessary impacts identified by that assessment has been submitted to and approved in writing by the Local Planning Authority.

 

The scheme of acoustic insulation shall take into account the provisions of BS 8233: 2014 Guidance on sound insulation and noise reduction for buildings.

 

All works which form part of the acoustic insulation scheme so approved shall be completed in accordance with the approved details prior to the CHP gas generator becoming operational and the measures comprised in the scheme shall be retained thereafter”.

 

Reason: To minimise the impact of noise emitted from buildings on neighbouring noise sensitive locations and to accord with Policies EN8 and DS5 of the Core Strategy Development Plan Document.

 

(3)  That the subsequent conditions be renumbered accordingly.

 

Note: in passing the above resolution, Members concurred that they would wish to see the Section 278 agreement in respect of the access road completed as soon as possible, in order to support both the applicant’s business and the local environment.

 

(Mark Hutchinson 01274 434605)

 

10.

4 MARGERISON CRESCENT ILKLEY WEST YORKSHIRE LS29 8QZ pdf icon PDF 767 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “E”) which sets out a householder planning application for the construction of single and two-storey extensions on the rear elevation of 4 Margerison Crescent Ilkley, plus a dormer window on the front elevation. 

 

Recommended –

 

That the application be approved subject to the conditions contained in Appendix 1 to Document “E”.

 

(John Eyles - 01274 434380)

 

Decision:

Resolved –

 

That the application be approved subject to the conditions contained in Appendix 1 to Document “E”.

 

(John Eyles - 01274 434380)

 

 

11.

LAND AT SPRING GARDENS LANE KEIGHLEY WEST YORKSHIRE pdf icon PDF 605 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “F”) which sets out a full planning application for the construction of one detached house with associated private driveway and alterations to the access at land at Spring Gardens Lane, Keighley.

 

Recommended –

 

That the application be refused for the reasons contained in Appendix 1 to Document “F”.

(John Eyles - 01274 434380)

 

 

 

Decision:

Resolved –

 

That consideration of the application set out in Document “F” be deferred for a period of three months, or the nearest appropriate meeting to that, to permit the Assistant Director, Planning, Transportation and Highways to obtain an up to date report in respect of the trees on the site and a revision of the design of the proposed property in the context of its setting .

(John Eyles - 01274 434380)

 

 

 

 

12.

144 POPLAR GROVE BRADFORD WEST YORKSHIRE BD7 4JT pdf icon PDF 830 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “G”) which sets out a full application for the demolition of the bungalow presently of site and its replacement with a two storey detached dwelling with off street parking to the front at 144 Poplar Grove, Bradford.

 

Recommended –

 

That the application be refused for the reasons contained in Appendix 1 to Document “G”.

(Mohammed Yousuf  - 01274 433950)

 

 

 

Decision:

Resolved –

 

That the withdrawal of the application set out in Document “G” be noted.

 

(Mohammed Yousuf  - 01274 433950)

 

 

 

 

13.

HOLMEWOOD SOCIAL CLUB BROADSTONE WAY BRADFORD WEST YORKSHIRE BD4 9DY pdf icon PDF 789 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “H”) which sets out a full application (19/05300/FUL) for the demolition of the Holmewood Social Club and construction of a single storey food convenience store and 3 retail units at Broadstone Way, Bradford, West Yorkshire, BD4 9DY.

 

Recommended –

 

That the application be approved subject to the conditions contained in Appendix 1 to Document “H”.

(Mohammed Yousuf  - 01274 433950)

 

Decision:

 

Please note that the decision in respect of the application set out in Document “H” is subject to further legal advice as will be published as soon as possible .

(Mohammed Yousuf  - 01274 433950)

 

14.

KNOWLE FARM KNOWLE LANE WYKE BRADFORD WEST YORKSHIRE BD12 9BG pdf icon PDF 414 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “I”) which sets out a full planning application (20/00613/FUL) seeking planning permission to convert an existing retrospective building to stables at Knowle Farm, Knowle Lane, Wyke.

 

Recommended –

 

That the application be approved subject to the conditions contained in Appendix 1 to Document “I”.

(Mohammed Yousuf  - 01274 433950)

 

Decision:

Resolved –

 

That the application be approved subject to the conditions contained in Appendix 1 to Document “I”.

(Mohammed Yousuf  - 01274 433950)

 

 

15.

HOLME MILLS HOLME MILL LANE KEIGHLEY WEST YORKSHIRE BD22 6BN - APPEAL DECISION AND AWARD OF COSTS pdf icon PDF 205 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “J”) which sets out a appeal decision and award of costs in respect of Holme Mills, Holme Mill Lane, Keighley.

 

Recommended –

 

That the content of the report including the decisions made by the Secretary of State be noted.

(John Eyles - 01274 434380)

 

Additional documents:

Decision:

Resolved –

 

That the content of the report including the decisions made by the Secretary of State be noted.

(John Eyles - 01274 434380)

 

16.

MISCELLANEOUS ITEMS pdf icon PDF 40 KB

Members are asked to note the decisions made by the Secretary of State as set out in Document “K”.

 

Decision:

Resolved –

 

That the decisions made by the Secretary of State as set out in Document “K” be noted.