Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 15th October, 2020 10.00 am

Items
No. Item

13.

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:

No disclosures of interest in matters under consideration were received.

 

14.

MINUTES

Recommended –

 

That the minutes of the meeting held on 20 August 2020 be signed as a correct record.

 

(Yusuf Patel – 01274 434579)

Minutes:

Resolved –

 

That the minutes of the meeting held on 20 August 2020 be signed as a correct record.

 

15.

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 declarations of interest in matters under consideration.

 

 

16.

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 changes to Membership of Sub-Committees to report.

 

                                                                       

17.

8 HIGHFIELD PLACE, BRADFORD BD8 7NN pdf icon PDF 405 KB

The Assistant Director (Planning, Transportation and Highways) will submit a report (Document “AJ”) which seeks planning permission for two rear dormer windows and a roof extension to 8 Highfield Place, Bradford.

 

Recommended-

 

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

 

                                                                        (Amin Ibrar – 01274 434698)

 

Minutes:

It was reported that the as the application relating to 8 Highfield Place, Bradford was in a conservation area and the appropriate notices had not been published it was requested that the application be deferred to a future meeting to allow that to take place.

 

Resolved-

 

That as the application is in a conservation area the item be deferred to allow the appropriate notices to be publicised.

 

Action:  Assistant Director, Planning, Transportation and Highways

 

                                                                       

18.

DOG CONTROL PUBLIC SPACES PROTECTION ORDERS FOR THE BRADFORD DISTRICT pdf icon PDF 1 MB

Previous Reference: Minute 18 (2019/20)

 

The Assistant Director Neighbourhood and Customer Services will submit a report (Document “AL”) relating to the proposed extension variation of the six existing Dog Control Public Spaces Protection Orders for the Bradford District or the making of a district wide order under the powers arising from the Anti-social Behaviour Crime and Policing Act 2014 (the Act).

 

The report also provides a summary of the responses to the statutory consultation.

 

Recommended-

 

(1)  That the six existing PSPO (Dog Control) 2011-2013 orders be extended without variation and the Assistant Director, Neighbourhoods and Customer Services publicise the extensions in consultation with the City Solicitor.

 

(2)  That it be noted that the consultation responses amplify the need for enforcement of the existing requirements and prohibitions including the following five key areas:

·         Failure to clear up dog faeces.

·         Exclusion of dogs from certain areas – this includes equipped play areas, multiuse games areas (MACA), BMX/Skate Parks, water features and Muslim areas of cemeteries.

·         Leads by order – this covers the need for people to put and keep a dog on a lead when directed to do so by an authorised officer.

·         Carrying suitable means to remove dog fouling (it is not “a reasonable excuse” to fail to remove dog faeces as set out in the existing orders).

·         The keeping of dogs on leads in the areas as specified in the existing orders.

 

(3)  That additional clear signage be erected where necessary.

 

(4)  That exemptions to the requirements and prohibitions already include where a person with a disability affecting their mobility, manual dexterity or ability to lift, carry or move everyday objects and who relies upon a dog trained by a prescribed charity for assistance.

 

(5)  That the Assistant Director, Neighbourhoods and Customer Services be authorised to discount the PSPO fixed penalty fine from £100 to £80 if payment is made within 7 days.

 

 

                                                     (Amjad Ishaq – 01274 433682)

Minutes:

Previous Reference: Minute 18 (2019/20)

 

The Assistant Director Neighbourhood and Customer Services submitted a report (Document “AL”) relating to the proposed extension variation of the six existing Dog Control Public Spaces Protection Orders for the Bradford District or, the making of a district wide order under the powers arising from the Anti-social Behaviour Crime and Policing Act 2014 (the Act).

 

The report also provided a summary of the responses to the statutory consultation.

 

Officers presenting the report gave a detailed presentation to the Committee on the contents of the report and emphasised the valuable contribution made byall those who responded to the statutory consultation.

 

A Member emphasised the importance of all Council Wardens being made fully aware of the enforcement rules.  

 

In response to a Members question it was reported that Council Wardens did investigate when a complaint of dog fouling was received which included undertaking visits out of hours (evenings and weekends) and that new Wardens were provided with the necessary training in relation to enforcement.

 

It was reported that looking at the statistics for the past five years complaints were decreasing and in general people were complying with the order.

 

Members were informed that the success of compliance and enforcement depended on residents and visitors to Bradford being made aware of the restrictions and prohibitions and understanding what action they needed to take. Information would be added where necessary to the Council’s website – enforcement was a key element of the continuing compliance with the Dog Control PSPO’s.

 

 

It was reported that the signage across the district was easy to understand and there were sufficient signs to make it clear what restrictions and prohibitions were already in place – additional campaigns would be conducted to raise awareness and bring about behaviour change around dog control issues.

 

In response to a Members query it was reported that a licensing scheme for dog walkers was being looked at.

 

Members thanked the all those who responded to the statutory consultation for their valued contribution and thanked officers for the work they had undertaken.

                                                                       

 

 

 

Resolved-

 

(1)  That the six existing PSPO (Dog Control) 2011-2013 orders be extended until a composite district wider order is brought into effect.

 

(2)  The Assistant Director, Neighbourhoods and Customer Services publicise the extended orders in consultation with the City Solicitor.

 

(3)   A composite order to be brought into force as soon as reasonably practicable to include the existing prohibitions and requirements in the 6 orders and the following additional prohibitions and requirements as set out in 9.4 (a) (b) and (c) of the report namely:-

 

(a)  Dogs to be kept on leads around all sports grounds, fields, parks, and pitches, but

only when in use for organised authorised events;

(b)  Dogs to be kept on leads on footpaths around lakes and ponds;

(c)  Persons in charge of dogs be required to carry a receptacle to remove dog faeces;

 

(4)  The Assistant Director, Neighbourhoods and Customer Services publicise the composite order in consultation with the City Solicitor.  ...  view the full minutes text for item 18.

19.

SUN INN BRADFORD OLD ROAD COTTINGLEY pdf icon PDF 404 KB

The Assistant Director (Planning, Transportation and Highways) will submit  a report (Document “AI”) which seeks planning permission for a residential development at the Sun Inn, Cottingley, consisting of the conversion of the existing public house building into 8 apartments and the construction of 10 new-build dwellings on the surrounding land.

 

Recommended-

 

The application be approved subject to the conditions and a Section 106 legal agreement as set out in Appendix 1 to Document “AI”.

 

                                                                        (John Eyles – 01274 434380)

 

 

 

Minutes:

The Assistant Director (Planning, Transportation and Highways) will submit  a report (Document “AI”) which seeks planning permission for a residential development at the Sun Inn, Cottingley, consisting of the conversion of the existing public house building into 8 apartments and the construction of 10 new-build dwellings on the surrounding land.

 

The Assistant Director gave a detailed overview of the planning application, showing plans, photographs of the proposed site, layout and construction activity to date. He reported that the site boundary was incorrectly shown on the plans in the agenda papers and emphasised that the correct boundary was shown on all other documents and that an email had gone out explaining the error..

 

It was reported that the site comprised the Sun Inn public house and its surrounding landscaped areas and car park, off Bradford Old Road, Cottingley, and extended to approximately 0.4 hectares. The site was located towards the eastern edge of Cottingley adjacent to Bradford Old Road near the roundabout with Cottingley Moor Road and Cottingley Cliffe Road. The surrounding area was primarily residential although directly to the north was a petrol station and tyre garage, and to the east and south of the site were open fields, which sat within an area of Green Belt.

 

Members were informed that Sun Inn Public House gained formal approval as an Asset of Community Value on 20 January 2020.

 

It was reported that a detailed assessment of pubs within a two-mile radius of the Sun Inn found that there were approximately 50 pubs located within a two-mile radius of the Sun Inn and that nine of these were considered to provide equivalent facilities to the Sun Inn (four in Bingley, one in Saltaire, two in Shipley, one in Heaton, and one in Wilsden)

 

Members were informed that although the retention of the Sun Inn would be desirable and was encouraged by Core Strategy Policy SC4 and the NPPF, based on the information submitted in support of the application – that the public house was unviable - and considering the existence of another public house and facilities within Cottingley, together with a number of other pubs nearby, it was considered that on balance, the adverse implications associated with the loss of the Sun Inn was outweighed by the delivery of both market and affordable housing on this site.

 

In response to a Members question it was reported that the Sun Inn was not a listed building; the access road would be brought up to adoptable standards; the Sun Inn ceased trading in November 2018 and the planning application was submitted before the pub was listed as an asset of community value.

 

 The Ward Councillor was in attendance at the meeting and made the following comments:

 

·          As well as residents objecting to the development - Bingley Town Council, Highways Development Control, Trees Team, had all responded negatively to the proposal.

 

·               The public had enthusiastically backed the Asset of Community Value Status (ACV0076) – Indicating the Sun Inn’s  ...  view the full minutes text for item 19.

20.

MISCELLANEOUS ITEMS pdf icon PDF 2 MB

The Committee is asked to consider other matters which are set out in Document “AK” relating to miscellaneous items:

 

(a)  Requests for Enforcement/Prosecution Action        

(A-L)

(b)  Decisions made by the Secretary of State - Dismissed

(M-O)

 

 

(Mohammed Yousuf - 01274 434605)

 

Minutes:

The Committee was asked to consider other matters which were set out in Document “AK” relating to miscellaneous items:

 

(a)  Requests for Enforcement/Prosecution Action        

(A-L)

(b)  Decisions made by the Secretary of State - Dismissed

(M-O)

 

It was reported that information relating to the success of enforcement action and the number of people taken to court in the last 12 months would be provided to Members.

 

Resolved-

 

That the requests for Enforcement/Prosecution Action and the decisions made by the Secretary of State detailed in Document “AK” be noted.

 

Action:  Assistant Director, Planning, Transportation and Highways.