Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 27th August, 2020 10.00 am

Venue: Remote Meeting

Items
No. Item

32.

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 interests of clarity, the following Councillors all disclosed that they had previously been on the Committee when the issues  referred to in agenda items 5 and 6 had been discussed but all undertook to consider both applications on the basis of the information presented at today’s meeting only:-

·         Councillor Warburton

·         Councillor Wainwright

·         Councillor Amran

·         Councillor Brown

 

(2)  The same councillors also disclosed for the sake of clarity that they knew of Mr Guy, who was in attendance to speak on behalf of the objectors to the application referred to in agenda item 7 but each confirmed that they had not discussed the item with him.

 

(3)  Councillor Azam disclosed for the sake of clarity that he had previously served on the Regeneration and Environment Overview and Scrutiny when the site referred to in agenda item 6 had been discussed but undertook to consider the application on the basis of the information presented at today’s meeting only.

 

ACTION; City Solicitor

33.

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. 

 

(Sheila Farnhill - 01274 432268)

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents.

 

34.

MEMBERSHIP OF SUB-COMMITTEES

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

 

                                                            (Sheila Farnhill – 01274 432268)

Minutes:

There were no recommendations to appoint Members to Sub-Committees of the Committee.

 

35.

HOLME WOOD SOCIAL CLUB, TONG - 19/05300/FUL pdf icon PDF 775 KB

The Assistant Director Transportation, Design and Planning will submit a report (Document “U”) 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.

This application was previously considered by the Regulatory & Appeals Committee on 25 June, where it was resolved to approve the application. It has been agreed following the agenda preparation meeting on 27 July that in light of the expressed concerned explained in the report that the application be reconsidered at this meeting.

 

Recommended –

 

That the application be approved, subject to the conditions set out in Appendix 1 and 2 to Document “U”.

(Mohammed Yousuf - 01274 434605)

 

Additional documents:

Minutes:

 

Previous reference: Minute 12 (2020/21)

Note: at the commencement of this item, the Chair ascertained that Councillor Amran could neither be seen nor heard on the virtual platform so he announced that the Councillor would not be able to vote in respect of this particular  item

The Assistant Director Transportation, Design and Planning submitted a report (Document “U”) which set out a full application (19/05300/FUL) for the demolition of the Holme Wood Social Club and construction of a single storey food convenience store and 4 retail units at Broadstone Way, Bradford.

This application had been previously considered by the Regulatory and Appeals Committee on 25 June 2020, where it had been resolved to approve the application. It had been agreed following the agenda preparation meeting on 27 July 2020 that in light of the expressed concerned explained in the report, that the application be reconsidered at this meeting.

 

The Assistant Director gave a detailed overview of the application showing the location site plan, elevations, layout, details of site operation as well as photographs of the site and the adjoining area.  He also summarised the representations that had been received.  He also stressed that the application had been previously considered and approved by this Committee at its meeting held in June of this year, however following that meeting, some concerns had been expressed with regards to the status and the weight that should have been given to the Holme Wood and Tong Neighbourhood Development Plan, and the application was hereby resubmitted for determination.  The Assistant Director stressed that in his opinion the Holme Wood and Tong Neighbourhood Development Plan did not carry sufficient planning weight for the reasons set out in his technical report, and in particular as the Plan had never gone through the stages of being formally adopted as a supplementary planning document. However it was felt that this application was in accordance with the adopted development plan policies, and it was therefore being recommended for approval.

 

A Member and Ward Councillor for the area stated that the photographs did not portray all the shops that were part of the current parade.  In response the Assistant Director stated that the photographs were intended to give an idea of the character of the surrounding area and not be a comprehensive depiction of all the different retails units that were currently situated in the vicinity of this site.   The Member also stated that it was the intention of the Neighbourhood Plan that any of the current retail unit tenants could also be allocated a place at the new centre, not just what was being proposed as part of this application.  In response the Assistant Director stated that any proposal by the owners of the existing retail units to renovate any of the units would be appraised on its own merits.

 

The Chair expressed concerns and questioned why the Neighbourhood Development Plan had never come to fruition as an approved policy document, and considered that the status of the development  ...  view the full minutes text for item 35.

36.

ERLINGS WORK - 20/00865/MAF pdf icon PDF 487 KB

The Assistant Director Transportation, Design and Planning will submit a report (Document “V”) which sets out afull planning application for building operations to reinstate animal by-products process plant and roof mounted solar PV equipment following fire damage, demolition of outrigger extension at rear and shelter roof structures on west side, structural alterations to create extensions to front and west side, replacement and resizing of industrial access doors, installation of concrete wall sections to replace blockwork walls, installation of new wall and roof cladding, re-siting of two silo tanks (retrospective).

Recommended –

 

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

(John Eyles - 01274 434380)

 

Minutes:

The Assistant Director Transportation, Design and Planning submitted a report (Document “V”) which set out afull planning application for building operations to reinstate animal by-products process plant and roof mounted solar PV equipment following fire damage, demolition of outrigger extension at rear and shelter roof structures on west side, structural alterations to create extensions to front and west side, replacement and resizing of industrial access doors, installation of concrete wall sections to replace blockwork walls, installation of new wall and roof cladding, re-siting of two silo tanks (retrospective).

A detailed presentation of the application was made to members, including plans and photographs of the site; photographs of the re-build undertaken in 2019; plans showing the changes to layout and elevation as a result of the re-build and a detailed description of the objections to the application which had been received both prior to and following the publication of the report. Objections centred around problems of odour; HGV vehicle movement through the residential locality and spillages from the HGV vehicles. A councillor representing a neighbouring ward had also reported his concerns regarding the lack of respect shown to the community by the applicant and that the bund constructed in 2010 still had no been planted up.

 

Members were advised that the application was partly retrospective as the applicant had continued to build on following the re-build after a fire in 2019 and that a new bund had been constructed which would be built up, seeded and planted.

 

The Assistant Director highlighted key issues for members, which were

·         The principle of this application as it was on green belt land

·         The fact that the application was not disproportionate in height or size

·         That the application did not reduce the openness of the surrounding green belt

·         The Council’s landscaping officer had assessed the application and was satisfied

·         The greatest concerns from residents were around the issue of odour, which were an environmental health matter rather than a planning matter, however members should take into account whether the new buildings would exacerbate matters.

·         The Environmental Health officer had assessed the application and was satisfied that the new fabrication would help to reduce odour.

·         Odour on the road was outside the remit of this application

·         The application would support the rural economy

 

In conclusion, it was stated that the matter for consideration at this meeting was the reinstatement of the fire damaged buildings only; that the application satisfied the exception test in respect of building on green belt and that the new buildings were not disproportionate. As a result, the application was recommended for approval.

 

The Chair of the Committee commenced questions by asking whether the new building would need a new fire certificate; would the new enclosed nature of the replacement building reduce noise impact and was the reason for the application being retrospective that the building was considered essential so re-building had been commenced immediately after the fire.

 

In response, he was advised that the plant was an important facility  ...  view the full minutes text for item 36.

37.

SCHOLEMOOR CEMETERY EXTENSION - 20/01571/REG pdf icon PDF 793 KB

The Assistant Director Transportation, Design and Planning will submit a report (Document “W”) which sets out change of use of former allotment land to form extension to existing cemetery on the former Allotment Gardens, Necropolis Road, Bradford.

Recommended –

 

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

(John Eyles - 01274 434380)

 

Minutes:

The Assistant Director Transportation, Design and Planning submitted a report (Document “W”) which set out an application for change of use of former allotment land to form an extension to the existing cemetery on the former Allotment Gardens, Necropolis Road, Bradford.

Members received a detailed presentation in respect of the application, including plans and photographs of the site. It was explained that works had already started on-site under the provisions of the Coronavirus Act 2020 which permitted such essential works as a result of the pandemic. It was also explained that the allotments had not been in use since 2015 and that the land had previously been very overgrown.

It was explained that concerns had been expressed by local residents about the boundary wall to the extension and the likelihood of it being misused as a shortcut into the cemetery. It was intended that the wall would be rebuilt and appropriate planting behind the wall would be put in place to prevent this possibility.

The neighbouring church had commented on the extension, asking that a portion of the land be used for an extension to their parking provision as there were already parking problems on the nearby roads. Members were advised that this application was for an extension to the cemetery only and that any request for the church to purchase some of the land would have to be made separately.

Further objections from residents in respect of the potential for lack of privacy would be dealt with by the planting of additional trees between the cemetery boundary and their gardens.

A further submission from a ward councillor which also raised concerns in respect of parking and the boundary wall was also presented.

Members queried whether the proposed boundary wall could be topped by railings to match those already in place as that would prevent access at that point. They were informed that this could be investigated.

A member also queried whether the extension was needed for the additional burials that the pandemic had necessitated and was advised that thus section of the cemetery had been nearing capacity and that, therefore, the extension would have been required in any event. In response to a further question, it was also explained that the Council did have provisions in place should mass burial become a necessity but that, to ensure the dignity of burial proceedings, this application had been made.

A member noted that the ward councillor’s concerns echoed those of the neighbouring church and asked what would need to be done to make some of the site into off street parking. He was advised that the church would need to contact the relevant department to ask for the land to be released and then make a separate application.

A representative of the church had joined the meeting but his comments were inaudible. The chair referred to his previously provided written comments, which were also about parking and asked that he liaise with the Principal Parks and Green Space Manager  ...  view the full minutes text for item 37.

38.

193 HIGH STREET, WIBSEY - 20/01665/ LBC pdf icon PDF 1 MB

The Assistant Director Transportation, Design and Planning will submit a report (Document “Z”) which asks Members to  consider a Listed Building Consent application (20/01665/LBC) relating to minor internal and external amendments to existing listed building including: demolish, remove and replace internal stair, demolish and remove section of chimney at first floor only - ground floor and roof level chimney breast to remain. Alterations to external frontage with new external doors and windows throughout at 193 High Street, Wibsey, Bradford.

Recommended –

That listed building Consent be refused for the reasons set out in Appendix 1 to Document “Z”.

(Amin Ibrar - 01274 434698)

 

 

 

Minutes:

The Assistant Director Transportation, Design and Planning submitted a report (Document “Z”) which asked Members to  consider a Listed Building Consent application (20/01665/LBC) relating to minor internal and external amendments to an existing listed building including: demolish, remove and replace internal stair, demolish and remove section of chimney at first floor only - ground floor and roof level chimney breast to remain. Alterations to external frontage with new external doors and windows throughout at 193 High Street, Wibsey, Bradford.

A detailed presentation of the application was given, including plans and photographs of the building concerned and the locality. Members were advised that the application was considered to mean the loss of the historic fabric of the building and that the proposed use of UPVC windows were not in keeping with its listed building status.

 

The Chair asked whether the existing staircase complied with building regulations; whether the upper floor of the building comprised an overcroft and whether the removal of the chimney would adversely affect the downstairs of the property. In response,  he was advised that the staircase would be exempt from building regulations as the building was listed; that the property did include an overcroft and that the effect on the downstairs of the property would be a building regulations matter.

 

A ward councillor joined the meeting and spoke in support of the application, stating that it was important to ensure such properties were capable of being used and that, with the chimney in place, this building could not be fully utilised. He also considered that the objections to the proposed letterbox and railings were not relevant and that the proposal to simply cover the existing staircase was not practical. He was concerned that the house would not be habitable without some flexibility in respect of this application.

 

The Assistant Director responded by stating that the advice from the conservation officer had been to retain the chimney breast; that he had no objection to the letterbox and that the issue with the railings was a design problem. He reminded members that the application stated that UPVC windows would be used. If this were changed to wooden double glazed units of an appropriate design, that issue would be resolved.

 

The applicant also joined the meeting and explained that he could not understand why his application had been refused as other properties in the same row had been modified. He advised that the removal of the chimney breast would allow for the inclusion of an upstairs bathroom and that he would like to install railings to the front of the property as there was a significant littering problem

 

Members considered that the internal alterations to the property would be in keeping with modern standards and would enable an unused property to come back into use. They had concerns however about the proposed use of UPVC windows in a listed building and considered this to be inappropriate. If the applicant could consider amending the application to include the use  ...  view the full minutes text for item 38.

39.

24 CROOKE LANE, WILSDEN - 20/01626/FUL pdf icon PDF 849 KB

The Assistant Director Transportation, Design and Planning will submit a report (Document “Y”) which sets out a full planning application for the change of use of a grassed access to the side and rear of the end terrace house at 24, Crooke Lane Wilsden to form an enlargement to its private curtilage.

Recommended –

 

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

(John Eyles - 01274 434380)

 

Minutes:

The Assistant Director Transportation, Design and Planning submitted a report (Document “Y”) which set out a full planning application for the change of use of a grassed access to the side and rear of the end terrace house at 24, Crooke Lane Wilsden to form an enlargement to its private curtilage.

It was explained to the Committee that this application was the first part of a two stage process and that once planning permission had been granted, the public footpath which ran along the area under consideration could not be removed without a further application to extinguish the highways rights. Members were advised that there had been a number of objections to the application, including one from the local parish council but that their concerns would be a matter for the second part of the process and were not a relevant concern for this part.

In response to a question, it was clarified that the land concerned was covered by the deeds of no 24 Crooke Lane.

A parish councillor joined the meeting and advised that this property had recently changed ownership and that, at the time of its sale, it had been very clear that a public access was involved. The applicant had tried to close the access unofficially and enforcement proceedings had been taken. He was concerned that there was no justification for blocking access for this property alone and that it would adversely affect the other properties in the row.

Members were reminded that all applications must be considered on their own merits only and that the present application did not, in itself block the right of way. the application was for change of use of the grassed access to formally come within the private garden area of no24.

The Committee’s legal advisor reiterated that this application did not entitle the property owner to block the public right of way. that was a separate process and could be undertaken with or without this application being made. He recommended that, if approved, an informative note be added to the decision provided to the applicant to explain that.

Members considered that explanation to be important in their consideration of this application.

Resolved –

 

That the application be approved, subject to the conditions set out in Appendix 1 to Document “Y”, bound by the insurance that access to the footpath is retained and that a new application would be required regarding the footpath.

 

ACTION: Assistant Director Transportation Design and Planning

 

 

 

 

40.

4 NEW HEY ROAD, BRADFORD - 20/01522/ADV pdf icon PDF 963 KB

The Assistant Director Transportation, Design and Planning will submit a report (Document “AA”) whichsets out anapplication seeking advertisement consent (20/01522/ADV) for a 48 page advertising hoarding to be installed on the side elevation of 4 New Hey Road, Bradford.

Recommended –

That the application be refused for the reasons set out in Appendix 1 to Document “AA”.

(Amin Ibrar – 01274 434698)

 

 

Minutes:

The Assistant Director Transportation, Design and Planning submitted a report (Document “AA”) whichset out anapplication seeking advertisement consent (20/01522/ADV) for a 48 page advertising hoarding to be installed on the side elevation of 4 New Hey Road, Bradford.

The history of this site was explained, with two previous applications having been refused, most recently on the grounds of adverse visual impact and due to conflicting information in respect of lighting being provided on the application. There had also ben some confusion on the part of the applicant in respect of the issue of deemed consent and this site. Members were advised that deemed consent could be considered only while the hoarding was in situ. Once it was not in use, all consents were deemed have ended and a new application must be made and dealt with only on its merits.

Members noted that the junction where this building was located had been radically altered recently and that a large hoarding could be very distracting to traffic.

The applicant’s agent joined the meeting and stated that there was support for the application from local councillors; that the hoarding had been in use since the 1970’s and that it had been lit in the standard manner during its use. He considered the discontinuance notice to be opportunistic and that the proposed reasons for refusal not to be sufficiently robust.

Members were advised that the support of local residents and councillors was noted as was the long history of usage. They were further advised that there was a long standing policy of discontinuance where hoardings were considered to detract from an area. In this instance the hoarding was considered to be disproportionately large.

It was also explained that when a hording had been removed and revealed  other problems of unsightliness the Council could seek further works to improve the gable end concerned.

Resolved –

That the application be refused for the reasons set out in Appendix 1 to Document “AA”.

 

ACTION: Assistant Director Transportation Design and Planning

 

 

 

 

41.

9 CLIFTON ROAD, ILKLEY - 20/01753/FUL pdf icon PDF 547 KB

The Assistant Director Transportation, Design and Planning will submit a report (Document “X”) which sets out a full planning application for the demolition of the existing detached bungalow and the construction of 3 dwellings at 9 Clifton Road, Ilkley.

 

Recommended –

 

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

(Mark Hutchinson - 01274 434380)

 

Minutes:

The Assistant Director Transportation, Design and Planning submitted a report (Document “X”) which set out a full planning application for the demolition of the existing detached bungalow and the construction of 3 dwellings at 9 Clifton Road, Ilkley.

 

Members were advised that extant planning permission was in place for three dwellings but this application was needed to change the layout of those houses. A full presentation of plans and photographs was given and it was stressed that the house would be traditional in appearance and would fit in with their surroundings. There would be no adverse effect on the amenity of the existing houses and the relevant distances required for separation were being adhered to.

 

Objections to the application had been received in respect of parking problems and objection to the loss of a low wall but it was explained that the road was quiet; objections in terms of the loss of biodiversity and perimeter vegetation had been raised but the biodiversity officer had raised no concerns and the green space referred to was not protected and therefore not a planning matter. An up to date bat survey had been undertaken which showed there would be no problems with the demolition works.

 

The Assistant Director concluded by stressing to members that this was a minor variation to an extant permission and that, therefore, he recommended its approval.

 

Resolved –

 

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

 

ACTION: Assistant Director Transportation, Design and Planning