Agenda, decisions and minutes

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

Items
No. Item

1.

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.    At the commencement of the meeting, the following disclosures of interest were made in the interests of clarity:-

·         Councillor Warburton disclosed that he had previously considered applications in respect of the sites referred to in agenda items 6,7 and 8 but that he would look at the applications being considered today with an open mind.

·         Councillor Wainwright disclosed that the application set out at agenda item 13 was in his ward but that he had no previous involvement with the application and had referred constituents to his ward colleague, Councillor Mukhtar.

·         Councillor Brown disclosed that he had been a member of the Planning Panel which had previously considered the application referred to in agenda item 11but confirmed that he would consider the application today in a fresh light.

·         Councillor Ellis advised that he was a member of the Regional Flood Committee, the Airedale Drainage Commission and the WYCA Transport Committee.

 

2.    Councillor Warburton also advised that, as he was the member who had requested that the application set out in agenda item 14 be considered by the Committee, he would retire from the meeting and take no part in the discussion or voting on that item

 

3.    During the course of the meeting, the following disclosures were also made:-

·         Councillor Smith disclosed during consideration of agenda items 6 and 7 that he was both a ward councillor and a parish councillor for this locality.

·         Councillor Brown disclosed that he had been a member of the original body which had made the decision referred to in agenda item 15.

 

 

 

ACTION: City Solicitor

 

 

2.

MINUTES

Recommended –

 

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

(Yusuf Patel – 01274 434579)

Minutes:

Resolved –

 

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

 

3.

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 by the public to review decisions to restrict documents.

4.

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 recommendations to appoint Members to Sub-Committees of the Committee.

 

5.

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)

 

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “A”) which set out a full application for residential development of 47 homes, with access from Derry Hill. He shared photographs of the proposed site and plans of the development which included 14 affordable homes and consisted of a mixture of  house sizes. He advised that there would be a private drive to the development; that a number of mature trees were present on the site and that there was a water course and mature hedging to the edge of the site. He also advised that, as a result of negotiations, there would be a through road between this development and the one set out in the following agenda item which would provide two access points to both developments.

 

Members were advised that drainage attenuation was in place and that both grassland and street trees would be introduced as part of the development. The mature trees and hedge would be retained, except where the through road was proposed. Illustrations of the style of house being proposed were also presented.

 

The Assistant Director advised of 205 objections which had been received and explained that they referred to the design of the development, pressure on public transport and the highway network and pressure on school places and local GP practices. Later representations had also been made in respect of design and connectivity and movement around the site. Since then, footpath links had ben provided and there would now be both pedestrian and vehicle access to both Derry Hill and Moor Lane.

 

The Assistant Director considered the landscaping to be appropriate and noted the net gain in the number of trees on the development. He stated that the green space served as both drainage attenuation and an informal play space. He advised that the concerns raised by the Design Officer had been addressed and that the scheme was well considered and of a scale appropriate to the locality.

 

He noted that the scheme had been through a number of revisions; that parking had ben addressed and that a contribution to the Access for All initiative would be made which would ensure an accessible lift could be installed at Menston railway station. There would also be a Community Infrastructure Levy, although this would be slightly less than at first envisaged as revisions to the development meant there would now be fewer four and five bed homes.

 

The Chair queried whether the Parish Council would benefit from the Community Infrastructure Levy and was advised that would do so, to a higher level if it had an adopted neighbourhood plan and to a lower level if not.

 

An objector, representing local residents and the parish council  participated in the remote meeting and a video presentation that he had prepared was played to the Committee. In it, the objector highlighted concerns about the water course, which he stated had been both widened and deepened. He considered that this application should be rejected and that the  ...  view the full minutes text for item 5.

6.

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)

 

 

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “B”) which set out a full application for construction of 113 dwellings with new vehicular access from Moor Lane, public open space and associated infrastructure and engineering operations.

 

The Assistant Director presented plans of the site which comprised three fields with a mature woodland to the south and established properties to the west. He shared photographs of the fields and stressed that the woodland was unaffected by the proposals. He also shared photos of Moor Lane showing on street parking and shared plans of the site. He noted that the hedge would be maintained and the water course managed. He also explained that drainage on the development would include a considerable drainage tank and associated attenuation. He advised that there would be a through link to the proposed development at Derry Hill. He also highlighted that the whole development at Moor Lane would comprise affordable housing. He stressed that, in addition to maintaining the hedge, any trees lost would be replaced and the number of trees on site would be increased.

 

Members were advised that this site was formally allocated and that the land beyond it was green belt. There would be both a swale and a bund to the edge of the scheme, neither of which would be visible to the public walking nearby.

 

Members were shown drawings of the proposed house type and were advised that 39 additional objections had been received after the publication of the agenda for this meeting. Those objections had reiterated the concerns in the original objections in respect of concerns about school places, capacity at GP practices, public transport, flooding and drainage and had been about  the quality of the proposed design. The Assistant Director noted that the three principle hedgerows would be retained apart from where the through road would run and welcomed the net gain in the number of trees. He noted that there would be numerous types of house on the development and, on balance, the design was appropriate to the context. He stated that Environmental Health had raised the issue of the nearby cattery and kennels but that had now been addressed. He explained the Section 106 agreement and the Community Infrastructure Levy and recommended the application for approval subject to the conditions in the report, with the drawing numbers updated and to the access to the development being on a phased basis.

 

A member noted that the land in qustion had formery been allocated for development but queried its previous use. He was advised that, although the allocation hd now lapsed, the principle of development was accepted and that the land had been used agriculturally.

 

The Chair queried the proposed use of a bund and asked whether it was of a suitable standard. He was advised that additional modelling had ben requested for both the swale and the bund and that it had been modelled on the requirements of a one in a thousand year rainfall  ...  view the full minutes text for item 6.

7.

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)

 

 

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “C”) which set 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. He shared slides of the site plan which showed an upgrade of Station Road to an adoptable standard and shared photographs of the site, showing the present standard of the road. Plans of the proposed development were also shared and it was highlighted that the Great Northern Railway Trail ran along one side of the site. A variety of house style was proposed and it was noted that a nearby war memorial would suffer no adverse effect as a result of this proposal due to the intervening topography. The biodiversity and landscaping of the proposal had also been assessed.

 

Members were advised that a number of objections had been received from local residents and the basis of those objections were explained. In response to those objections, it was explained that the number of houses proposed was welcome, especially the 72 affordable homes. Members were also advised that the plans had been revised a number of times in order to address concerns and that, on balance, the Assistant Director considered that the benefits of the proposed development offset the element of some sub-standard design to the layout of the development and the application was, therefore, recommended for approval.

 

A member queried whether the site could revert to its former use if these properties were not built and was advised that this could be the case.

 

Another member queried whether this site would potentially compromise any future plans for a bypass in the Denholme area as this possibility had previously ben considered by WYCA but was informed that it had not been raised as a concern during consultation. He also asked whether any improvements to the nearby junction would be made as he considered it to be dangerous. He was advised that there was a proposal in place to increase traffic calming and to change the priorities at the junction, which should be helpful. He was also shown where vehicle barriers would be sited.

 

The vice-chair of the Great Northern Railway Trail Committee joined the meeting and expressed his concerns about the application, explaining that it had previously been the intention to keep the trail completely separate from this development but that, this application included a section which he considered to be unsafe as the trail would share access with the development. He also considered that the high wooden fence being proposed would mean users of the trail would feel enclosed and would encourage anti-social behaviour on the trail. He concluded by stating that the current design presented went against the ethos of the trail.

 

In response, the Assistant Director explained that there had been a number of revisions to the scheme and that this final version brought the trail onto the southern edge of the development, with the pathway  ...  view the full minutes text for item 7.

8.

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)

 

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “D”) which set 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 was located in the Green Belt.

 

Members were shown plans of the site and photographs of the locality. The retention of a  tree on the verge was highlighted and plans of the development were shared. Three potential sites for the generator had been ruled out and the only reasonable location was the one presented in this report, which was in the Green Belt. The size and height of the generator was explained as were the very special circumstances which justified development at this location. This was that the proposal would mean an increased electrical supply to the site to prevent power outages and to allow for an on-site animal by-product plant to go ahead which in turn would obviate the need for the by-product to be taken off site for processing and would reduce vehicle movement off-site. It was highlighted that a proposed additional condition meant that the gas generator could not be installed without a noise survey having been carried out. The applicant had agreed to this as an additional condition.

 

A member queried whether the necessary cabling would run underground and was advised that it would do so. He also asked if the necessary power could be provided by use of a diesel generator and was advised that the operator already used one but that it could not provide the capacity required and that the use of diesel was not encouraged.

 

A parish councillor had joined the meeting and spoke in objection to the application, stressing the strength of feeling locally and that he had never before considered it necessary to speak at a meeting of this Committee but did so now. He highlighted that development of the Green Belt should be a last resort and that the necessary very special circumstances had not been met in respect of this development, in his opinion. The requirement for a gas generator was the reason for this application but if the applicant used mains electricity the only requirement would be for cabling. As such he asked that the application be refused.

 

Members were advised that the necessary cabling for such a connection would be so substantial that it would be an unreasonable requirement.

 

The agent for the applicant then spoke in support of the application, stressing that the proposal included improved landscaping and would result in much reduced lorry movement on the road to the site. There would be no odour as natural gas would be used and noise would be limited as the proposed equipment came with silencers. A noise impact study had been requested and had been agreed by the applicant. It was unrealistic for the applicant to relocate the business and the application represented a significant investment in the  ...  view the full minutes text for item 8.

9.

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)

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “E”) which set 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.

 

Members were shown slides of the site, photographs of the properties in the cul-de-sac and were advised that the plans now included two parking spaces, whereas the original property had been built without the benefit of off-road parking. The proposed extension was considered to fit neatly onto the plot, leaving plenty of garden space. Objections to the application had been received, including to the proposed front dormer, however it fell within the terms of the guidelines and was well balanced. Members were advised that it was 23m to the next nearest property and that it was a very conventional house extension. They were also advised that it was recommended for approval.

 

In response to questions, they were advised that there were at least two other dormer windows within 500m and that the applicant had also applied for a dropped kerb.

 

A ward councillor joined the meeting to represent the concerns of local residents about road safety and parking and asked if it was possible to move the proposed parking. She also noted that the street sloped steeply so the front dormer would look into the bedroom opposite. In response, she was advised that the proposed parking was 13.5m from the corner and was considered appropriate. On the issue of the dormer, she was advised that it was across the public highway and 23m from the property opposite and that this was further than the maximum distance which would be used to refuse such an application. The applicant had responded positively to neighbour concerns by reducing the size of the proposed dormer.

 

The agent for the applicant did not join the meeting but had submitted a representation in writing of which members had had sight.

 

Resolved –

 

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

 

ACTION: Assistant Director, Planning, Transportation & Highways

 

10.

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)

 

 

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) advised that the application set out in Document “G” for the demolition of the bungalow presently on site and its replacement with a two storey detached dwelling with off street parking to the front at 144 Poplar Grove, Bradford had been withdrawn by the applicant.

 

Resolved –

 

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

 

(Mohammed Yousuf  - 01274 433950)

 

 

 

 

11.

LAND AT SPRING GARDENS LANE, KEIGHLEY 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)

 

 

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “F”) which set 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.

 

Members were advised that the site was steeply sloping, had a number of mature trees and constituted urban green space. The previous history of planning applications on the site was explained, including that two previous approvals had been granted but only one had been carried out. This application was for one substantial dwelling, images of which were shown to members. The application was recommended for refusal for the reasons set out in Document “F”.

 

The agent for the application joined the meeting and asked that its consideration be deferred until such time as a site visit could be made. He stated that the effect of this proposal on the tree line was the same or less than that of the previously approved application and that the site was adjacent to a conservation area not within it so there wold be no visual harm to it. The scale and massing of the new proposal was less than that of the previous one and he considered the impact on the green open space to be minimal.

 

In response to a question from the Chair, it was explained that the application had not been deferred as it was not possible to allow applications to go unconsidered during the COVID19 emergency. This Committee had full authority to deal with all applications and it was not necessary to wit until the planning panel met. It was also noted that the Committee comprised members from across the whole District and that members often undertook to visit locations individually as part of their preparation for meetings such as this.

 

Members were advised that the site did adjoin a conservation area and that the effect on that area must be considered. A strong objection had been made by the conservation officer and the Council’s tree protection officer considered that it would be difficult to protect the mature trees on site during construction of the proposed dwelling.

 

Members commented that they found the application difficult to determine as a result of the issues being described and it was therefore:-

 

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 .

 

ACTION: Assistant Director, Planning Transportation and Highways

 

 

12.

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)

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “H”) which set 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.

 

Members were shown plans of the site and photographs of the area. They were advised that the units were not fit for purpose and were shown a proposed site plan and plans of the new units. They were also advised that additional representations had been recently received stating that the application would mean the loss of a community facility and that the site was within a local centre.

 

Guidance on both issues was given and it was noted that the retail centre was smaller than the social club and that officers were satisfied that it would not adversely affect the local centre. The club was not an asset of community value as there were other opportunities to meet the day to day needs of the local community. An objection had also been submitted on the grounds of highway safety but highways officers had been satisfied with the application.

 

Extracts from the Holme Wood and Tong Neighbourhood Development Plan (NDP) which mentioned the site being a visual detractor and key development opportunity and which also promoted the local centre as the location for a small convenience supermarket were also referred to..

 

In response to a question from the Chair, it was advised that the social club was believed to be still operational but that the large concert room within it had not been used for many years.

 

Another members queried the description of other local stores and advised that there were a number in the vicinity. He also asked about a covenant in respect of this site and was advised that it was not a material planning consideration.

 

The possibility of this site becoming an asset of community value was also discussed and members were advised that it would not be appropriate ot permit a deferment to allow such a process as all applications must be dealt with on their own merits. It was also important to differentiate between the Council’s two capacities as landowner and planning authority in this instance.

 

A ward councillor had indicated that she wished to speak on this item but was unable to connect to the meeting at this point. The governance officer in attendance read out her previously provided written comments.

 

A representative for this application joined the meeting and spoke in its support. He advised that the scheme was intended to go some way to improve the well being for residents of Holmewood and that there was already agreement in place for the end user of the proposed store.

 

Members discussed the application further, having concerns about the possibility of a covenant but accepting that there was a duty to consider the application before them. They sympathised with the community but could not conclude that  ...  view the full minutes text for item 12.

13.

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)

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “I”) which set 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.

 

Images of the site were presented and it was stressed that the building would be used for stabling only. The site would also include a turning area.

 

A recent representation from a ward councillor had ben received and was readout at the meeting.

 

Members were reminded that the building was adjacent to a public right of way and that there was a condition recommended to prevent its future conversion to a habitable dwelling.

 

Resolved –

 

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

(Mohammed Yousuf  - 01274 433950)

 

 

14.

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:

Minutes:

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

 

Members were advised that costs had been awarded as a number of the reasons which had been given for refusal of the application had proven to be not defendable. They were also reminded that the Council did not have a budget for appeals costs.

 

Resolved –

 

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

 

ACTION: No Action

15.

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”.

 

Minutes:

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

 

Resolved –

 

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

 

ACTION: No Action