Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 29th July, 2021 10.00 am

Venue: The Council Chamber

No. Item



(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.




(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.


In the interest of transparency Councillors Lee, Wainwright and Warburton declared an interest in the item relating to Foreside Mill (Minute 18) as they had been Members of this Committee when the previous application on this site was considered, however they stated that they would look at this new application afresh.


ACTION: City Solicitor



Recommended –


That the minutes of the meeting held on 24 June 2021 be signed as a correct record.

(Yusuf Patel – 07970 411923)


Resolved –


That the minutes of the meeting held on 24 June 2021 be signed as a correct record.




(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)


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




That the following membership change be approved:


(i)         That Councillor Humphreys replaces Councillor S Akhtar as a Member of the        Area Planning Panel (Keighley & Shipley)


Any further changes will be reported at the meeting.


                                                            (Yusuf Patel– 07970 411923)


Resolved –


That Councillor Humphreys replaces Councillor S Akhtar as a Member of the Area Planning Panel (Keighley & Shipley).


ACTION: City Solicitor




The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “F”) which sets out an application for Outline Planning Permission with all matters reserved for the residential development of up to 40 dwellings on land at the former site of Foreside Mill, Halifax Road, Denholme.


Recommended –


(1)       That outline planning permission be granted subject to the        conditions set out at Appendix 1 to Document “F”, and subject to            the completion of a Section 106 Legal Agreement to secure:


            25% affordable housing provision

            4,475m2 open space provision

            £26,000 contribution for the provision of bus shelters at bus stop        references 23539 and 23540.


(2)       That the application be referred to the Secretary of State for      Housing Communities and Local Government under the         provisions of the Town and County Planning (Consultation)         (England) Direction 2021.


(3)       If the Secretary of State confirms that he does not intend to       intervene then the Assistant Director (Planning, Transportation            and Highways) be authorised to issue the grant of planning   permission.

(Adam Cayton - 01274 43 4497)





The Assistant Director Planning, Transportation and Highways submitted a report (Document “F”) which set out an application for outline planning permission, with all matters reserved for the residential development of up to 40 dwellings on land at the former site of Foreside Mill, Halifax Road, Denholme.


The Assistant Director gave an overview of the application, showing plans, photographs of the site and adjoining area, alluding to the site history.  The application details were set out in the report.  Objections received were summarised, including the representations received from Denholme Town Council.


The principle of development, including highway access were the main issues under consideration.  The Assistant Director also drew Member’s attention to the new page references contained within the National Planning Policy Framework which was updated on 20 July 2021, a copy of the revised NPPF, together with the new page references were circulated to Members.


In conclusion it was felt that although there would be an impact on the openness, visual appearance would be enhanced by the development, subject to appropriate landscaping measures, and it was therefore felt that the development would not have a substantial impact, and was recommended for approval, subject to minor amendments to Conditions 11, 12 and 24 and also subject to the completion of a Section 106 Legal Agreement, details of which were set out in the report.


During questions, a Member ascertained the extent of the Traffic Regulation Order affecting the site entrance and the impact, the TRO would have on parking on Halifax Road. In response, the Assistant Director stated that the proposed TRO would prevent parking on Halifax Road, in order to maintain visibility splays.


In response to a question on how many garages were proposed on the site, it was stated that this would be detailed in a future reserved matters application.  The Member stated that permitted development rights should be removed to ensure that garages were not converted into habitable rooms in the future.


In response to a question regarding flooding, it was stressed that no flooding risk had been identified by the Environment Agency, however details regarding the water flow model would have to be provided by the developer at reserved matters stage.


In response to a question regarding the impact of the development on air quality, it was stated that although any development would result in an impact, measures in the form of EV charging points and the upgrade to nearby bus shelters, would offer some form of mitigation in terms of encouraging the use of more sustainable modes of transport.


In response to a question regarding the provision of open space and whether a play area was being proposed, as the development was likely to attract families with children, it was stated that this could be flagged up with the developer to look at as part of the Section 106 agreement covering open space provision.


The applicant’s agent was present at the meeting and added that a number of  issues that Members had raised, including  ...  view the full minutes text for item 18.