Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 20th August, 2020 10.00 am

Items
No. Item

23.

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 the following declarations were made:

 

(i)         Councillors Brown (Item 7, Minute 28), Ellis(Items, 6, 7 and 9 –         Minutes 27, 28 and 30), Wainwright (Items 6 & 9 – Minutes 27 & 30)       and Warburton (Items 7, 9 & 10 – Minutes  27, 30 & 31 ) declared an   interest on these items, as they were Members of this Committee     when they determined the      previous applications on the respective sites,   however they stated that they would consider these applications   afresh.

 

(ii)        Councillor Brown also stated that in relation to the Bridgehouse Mill           application (Minute 28) that he had done some work to support manufacturing and conservation in the area, including this site.

 

(iii)       Councillor Ellis also disclosed that he was a member of a number of          professional drainage bodies. He also stated that he was a member of            the West Yorkshire Combined Authority Transport Committee.

 

ACTION: City Solicitor

 

24.

MINUTES

Recommended –

 

That the minutes of the meeting held on 25 June 2020 be signed as a correct record.

 

(Tracey Sugden – 01274 434287)

Minutes:

Resolved –

 

That the minutes of the meeting held on 25 June 2020 be signed as a correct record.

 

 

25.

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. 

 

(Tracey Sugden - 01274 434287)

Minutes:

There were no declarations of interest in matters under consideration.

 

26.

MEMBERSHIP OF SUB-COMMITTEES

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

 

                                                            (Tracey Sugden – 01274 434287)

Minutes:

There were no changes to Membership of Sub-Committees.

 

27.

PLANNING APPLICATION AND LISTED BUILDING CONSENT APPLICATION AT EBOR MILLS, EBOR LANE, HAWORTH, KEIGHLEY pdf icon PDF 765 KB

The Regulatory and Appeals Committee is asked to consider a full planning application for the conversion and refurbishment of Grade II listed Ebor Mills into 14 dwellings, construction of 24 new dwellings within the curtilage of the site, landscaping, biodiversity and environmental enhancements, highway and footway improvements to Ebor Lane and demolition of the weaving sheds and partial demolition and reconstruction of the boiler house

 

The Committee is also asked to consider a listed building consent application for the conversion and refurbishment of Ebor Mills into 14 dwellings, construction of 24 new dwellings within the curtilage of the site and landscaping works within the curtilage of the Grade II listed heritage assets.

 

A full assessment of the applications against all relevant planning policies and material planning considerations is included at Appendix 1 to Document “P”.

 

Recommended –

 

(1)  That the Committee be minded to grant planning permission subject to a S106 Agreement and with conditions as listed in Document “P” and that the Assistant Director Planning Transportation & Highways be authorised to exercise delegated powers to issue the grant of permission on completion of the said S106 Agreement.

 

(2)  That the Committee be minded to grant listed building consent with conditions as listed in Document “P” and that the Assistant Director Planning Transportation and Highways be authorised to exercise delegated powers to issue the grant of consent.

 

 

 

(John Eyles – 01274 434380)

Minutes:

The Committee was asked to consider a full planning application for the conversion and refurbishment of Grade II listed Ebor Mills into 14 dwellings, construction of 24 new dwellings within the curtilage of the site, landscaping, biodiversity and environmental enhancements, highway and footway improvements to Ebor Lane and demolition of the weaving sheds and partial demolition and reconstruction of the boiler house

 

The Committee was also asked to consider a listed building consent application for the conversion and refurbishment of Ebor Mills into 14 dwellings, construction of 24 new dwellings within the curtilage of the site and landscaping works within the curtilage of the Grade II listed heritage assets.

 

A full assessment of the applications against all relevant planning policies and material planning considerations was included at Appendix 1 to Document “P”.

 

The Assistant Director gave a detailed overview of the planning application, showing plans, photographs of the proposed site, layout and house types.  He  also updated Members on five additional representations that had been received, citing noise from the construction, dust, Haworth unable to cope with additional development, flooding, loss of green space/wildlife, the capacity of the sewerage system and that electricity charging points would not be provided to the existing cottages, as part of the proposal to provide them with offsite parking spaces.

 

He added that given the narrowness of the existing footway, the S106 would also include the widening of the footway. The Environment Agency had not raised any concerns around flooding and the Council’s drainage and Highways Sections were also happy with the proposals. Subject to the deletion of Condition 8 the application was recommended for approval.

 

A Member stated that given the constraints on the existing highway network, what would be the impact of construction traffic and how would the car park be surfaced to deal with water drainage.  In response the Assistant Director stated that the application site was in a lower flood zone, although in proximity to the river, the lower part of the spinning mill area and buildings in this vicinity had been assessed in terms of flood risk and the proposal was to install a barrier as an additional measure, so that water was unable to enter any part of the site.  In addition no concerns regarding flooding had been expressed in terms of the car parking area. In terms of vehicle movement, the Highways Engineer stated that a traffic assessment had been carried out and given that there already had been HGV movement entering and exiting the site associated with its past industrial use, he did not envisage construction traffic would cause additional issues. He added that in his opinion the visibility splays were acceptable and he envisaged that there would be around 17 vehicle movements per hour post completion and this again would not cause any undue pressures on the highway network.

 

A Member raised concerns that the Environment Agency had asked for a flood evacuation plan and how this would affect home insurance policies; in addition he  ...  view the full minutes text for item 27.

28.

FULL PLANNING APPLICATION - BRIDGEHOUSE MILLS, BRIDGEHOUSE LANE, HAWORTH, KEIGHLEY, BD22 8PA pdf icon PDF 944 KB

The Assistant Director, Planning, Transportation and Highways will present a report (Document “Q”) which sets out  a full application for conversion of a former industrial mill to develop 23 residential apartments and associated car parking and open space. Bridgehouse Mills, Bridgehouse Lane, Haworth, Keighley, BD22 8PA (20/00137/MAF).

 

Recommended –

 

That the application be approved subject to conditions contained within Document “Q”.

 

.(John Eyles – 01274 434380)

 

 

Minutes:

The Assistant Director, Planning, Transportation and Highways presented a report (Document “Q”) which set out a full application for the conversion of a former industrial mill to develop 23 residential apartments and associated car parking and open space at Bridgehouse Mills, Bridgehouse Lane, Haworth, Keighley, BD22 8PA (20/00137/MAF).

 

The Assistant Director gave a detailed overview of the planning application, showing plans, photographs of the proposed site, layout and house types.  He  also updated Members on the additional representations that had been received regarding the watercourse and works to the walling, stating that all these works had now been completed as part of the existing planning condition on the site. In relation to the noise attenuation measures, it was being proposed that a full independent verification is undertaken post development to ensure that the standards are met.

 

In relation to a question regarding adoption of the highway, it was confirmed that the full length of the road would be adopted.

 

In response to a question regarding parking arrangements and the manoeuvring of service vehicles serving the existing industrial unit on the site, it was stressed that as part of the planning approval, the extent of the turning and manoeuvring area would be fully stipulated.

 

A Ward Councillor was present at the meeting and stated that highway safety was the key issue facing this site and she could foresee a conflict between the new housing and the existing industrial use operating on this site.  Additional issues regarding bike and bin storage were also raised.

 

The Highways Engineer confirmed that residential parking would be segregated from the existing service area which serves the existing industrial unit, and that it would be up to the owner to manage and police this area accordingly.

 

A Parish Councillor was also present at the meeting and stated that the Parish Council had objected to the proposals on the grounds that the accommodation should be stipulated for the over 55’s, as there was real demand in the area for this type of accommodation, otherwise there was a danger that many of the properties would become buy to let and this in turn would create a transient community.  In addition noise emanating from the existing factory would create a noise nuisance for the residents occupying the new properties.

 

A representative from the existing factory operating on the site was present and stated that he had grave reservations about the highway safety and noise, as well concerns around the phasing of the development. He stated that HGV movements could overrun the footway, given they needed to make multiple manoeuvres and therefore there was little margin for error. In addition the HGV movements would create a conflict with the residential parking arrangements on the site.  That the factory operated day and night and had been on this site for over 200 years and arrangements to move operations to a new unit had not come to fruition, and hence the current location and operation would create a real conflict,  ...  view the full minutes text for item 28.

29.

OUTLINE PLANNING APPLICATION - PARRY LANE, BRADFORD pdf icon PDF 1002 KB

The Assistant Director, Planning Transportation and Highways will present a report (Document “R”) which presents  an outline planning application for development of land for mixed use business and industrial units (B1, B2, and, B8) (site area of 4.9ha) with associated parking and servicing space; two primary access points to the site from Parry Lane and Sticker Lane and two secondary access points to the site off Parry Lane, requesting consideration of access on land at Parry Lane, Bradford.

 

Recommended –

 

That the application be approved, subject to the conditions included with Appendix 1 to Document “R”

 

(John Eyles – 01274 434287)

.

 

Minutes:

The Assistant Director, Planning Transportation and Highways presented a report (Document “R”) which set out a outline planning application for development of land for mixed use business and industrial units (B1, B2, and, B8) (site area of 4.9ha) with associated parking and servicing space; two primary access points to the site from Parry Lane and Sticker Lane and two secondary access points to the site off Parry Lane, requesting consideration of access on land at Parry Lane, Bradford.

 

The Assistant Director gave a detailed overview of the planning application, showing plans and photographs of the proposed site.

 

The Chair ascertained if the local rugby club had been consulted regarding the new junction onto the site.  In response it was stated that the rugby club had been consulted but that they had not submitted any comments on the application.

 

Resolved –

 

That the application be approved, subject to the conditions set out in Appendix 1 to Document “R”

 

ACTION: Assistant Director Transportation Design and Planning

 

.

 

30.

RESERVED MATTERS APPLICATION - RIVERSIDE WORKS, KEIGHLEY ROAD, SILSDEN pdf icon PDF 675 KB

The Committee is asked to consider a  Reserved Matters application for 156 dwellings requesting consideration appearance, landscaping, layout and scale (pursuant to outline approval 16/03804/MAO), on land at the former Riverside Works, Keighley Road, Silsden, BD200EH as set out in Document “S”.

 

Recommended –

 

That the reserved matters application be approved. In addition, the Assistant Director of Planning, Transportation and Highways be authorised to agree to the variation of an existing S106 Agreement to secure on-site affordable housing provision rather than a commuted sum of £348,439.

 

(John Eyles – 01274 434380)

 

 

Minutes:

The Committee was asked to consider a  Reserved Matters application for 156 dwellings requesting consideration appearance, landscaping, layout and scale (pursuant to outline approval 16/03804/MAO), on land at the former Riverside Works, Keighley Road, Silsden, BD200EH as set out in Document “S”.

 

The Assistant Director gave a detailed overview of the planning application, showing plans, photographs of the proposed site, layout and house types.  He  also updated Members on the revised plans that had been submitted by the applicant.  That the scheme was for 100% affordable housing and that the proposals were acceptable on highway grounds.

 

He alluded to a number of additional objections that had been received , but these principally related to flooding and highways issues which had already been addressed at the outline stage.  Additional issues raised regarding Japanese knotweed and landscaping would be covered by way of condition. An issue had also been raised regarding the bee orchid, however this was not addressed by this development.  Finally it was stated that no CIL payments would be payable on this site, given that the development would be for 100% affordable housing.

 

In response to a question regarding 20mph zones, the Highways Engineer explained that three chicanes were being proposed that would design out any potential for speeding.

 

An objector was present at the meeting and raised concerns around the drainage and possible damage to a boundary wall.  In response the Assistant Director stated that a reassurance would be obtained from the developer / Councils drainage section on both these issues, prior to construction.

 

During the discussion Members expressed broad support for the proposal, and it was therefore:

 

Resolved –

 

That the reserved matters application be approved. In addition, the Assistant Director of Planning, Transportation and Highways be authorised to agree to the variation of an existing S106 Agreement to secure on-site affordable housing provision rather than a commuted sum of £348,439, and subject to the following additions and amendments:

 

(i)         ADDITIONAL PLAN WITH HIGHWAY CHANGES :  3LG1-MHA-FS-          XX-DR-A-SK105 Rev P9

 

(ii)        Amend the following conditions (TO LINK TO PHASING OF THE           DEVELOPMENT)

 

Condition 7-Biodiveristy Mitigation Implementation (amended wording):

 

The biodiversity enhancement measures detailed in the submitted Biodiversity Management Plan by Brooks Ecological (reference R-4024-01) dated 14.11.2019 shall be implemented in full in accordance with a timescale to be first agreed in writing by the Local Planning Authority. The measures shall thereafter be retained in accordance with the approved plan.

 

Reason: To ensure that the development would contribute positively towards the overall enhancement of the District’s biodiversity resource in accordance with policy EN2 of the Core Strategy

 

Condition 9- Vehicular and Pedestrian Access (amended wording)

 

Before each phase of development is occupied, the proposed means of vehicular and pedestrian access hereby approved for that particular phase shall be laid out, hard surfaced, sealed and drained within the site in accordance with the approved plan numbered and completed to a specification approved in writing by the Local Planning Authority.

 

Reason: To ensure that a  ...  view the full minutes text for item 30.

31.

RESERVED MATTERS APPLICATION - MILL CARR HILL ROAD, OAKENSHAW, BRADFORD pdf icon PDF 724 KB

The Committee is asked to consider a reserved matters application requesting consideration of access, appearance, landscaping, layout and scale of school car park (pursuant to outline approval (16/06146/MAO) on land South of Woodlands CE Primary School, Mill Carr Hill Road, Oakenshaw as set out in Document “T”.

 

Recommended –

 

That the application be approved, subject to the conditions included with Appendix 1 to Document “T”.

 

(John Eyles – 01274 434380)

 

Minutes:

The Committee was asked to consider a reserved matters application requesting consideration of access, appearance, landscaping, layout and scale of school car park (pursuant to outline approval (16/06146/MAO) on land South of Woodlands CE Primary School, Mill Carr Hill Road, Oakenshaw as set out in Document “T”.

 

The Assistant Director updated Members on a late objection that had been received regarding flooding issues on the site.  In light of this, the applicant had requested that the application be deferred, in order to assess and respond to the points raised by the objection, and it was therefore:

 

Resolved –

 

That consideration of this application be deferred to the 17 September meeting of this Committee, to enable the applicant to respond to the late objection received in respect of flooding issues on the site.

 

ACTION: Assistant Director Transportation Design and Planning