Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 21st October, 2021 10.00 am

Venue: the Council Chamber

Items
No. Item

31.

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 clarity the following declarations of interest were received in relation to the Braithwaite Edge Quarry application (Minute 36):

 

(i)            Councillors Lee and Warburton declared that they were members of this Committee when the application for the cemetery was considered, and that they also lived in the Ward, however they stated that they would consider this application with an open mind.

 

(ii)          Councillor Love also declared that he had been approached by the cemetery operators, some time ago regarding a quote for walling, however this quote was never pursued.

 

ACTION: City Solicitor

 

 

32.

MINUTES

Recommended –

 

That the minutes of the meeting held on 23 September 2021 be signed

as a correct record.

 

(Farzana Mughal – 07811 504164)

 

Minutes:

Resolved –

 

That the minutes of the meeting held on 23 September 2021 be signed as a correct record.

 

 

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.

 

(Farzana Mughal – 07811 504164)

 

Minutes:

There were no appeals submitted 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.

 

                                                            (Farzana Mughal – 07811 504164)

Minutes:

There we no membership changes.

 

35.

One City Park The Tyrls City Park Bradford - 21/03653/MAF pdf icon PDF 830 KB

The Assistant Director (Planning, Transportation & Highways) will

submit a report (Document “K”) which sets out an application for

construction of a 5-storey office building with a retail and/or leisure unit at ground floor, with associated site works, creation of public realm and access works site of former Police station, Princes Way, Bradford.

 

Recommended –

 

That the application be approved subject to the conditions set out

in Appendix 1 to Document “K”.

 

(Hannah Lucitt - 01274 434605)

Minutes:

The Assistant Director (Planning, Transportation & Highways)
submitted a report (Document “K”) which set out an application for
construction of a 5-storey office building with a retail and/or leisure unit
at ground floor, with associated site works, creation of public realm and
access works at the site of former Police station, Princes Way, Bradford.

 

The Senior Planning Officer gave a detailed PowerPoint presentation setting out the proposals for the new office block, public realm works and the new access arrangements.  Photographs of the site, drawings showing the elevations and plans were alluded to, as well as five objections that had recently been received on the application.  The objections cited funding cost to the Council and whether a new office block was a good use of public funds at a time when working from home and more flexible working arrangements had become the norm; that there was already ample office accommodation within the city centre with low occupancy rates with many office blocks  currently vacant and therefore this proposal made little sense; that the proposal would adversely impact on the conservation area, given its proximity to the Odeon and the Alhambra Theatre; that the current use of the site as a park and its synergy to the City Park would be lost.

 

In considering the application, the Council’s Highway’s section had been consulted, and they had raised no objections to the application and were content with the transport assessment and travel plan, and that the traffic flows on the adjacent roads would not be adversely affected by the proposal.

 

Additional conditions were alluded to covering the submission of a Construction Plan; the proposed means of vehicular and pedestrian access; Prior to occupation of the building, full details of the highway works associated with any Section 278 Agreement shall be submitted to and approved in writing by the Local Planning Authority together with the proposed means of vehicular and pedestrian access; construction of the new access on Princes Way and prior to it being brought into use; developer shall prevent any mud, dirt or debris being carried on to the adjoining highway as a result of the site construction works, and prior to the occupation of the approved development, details of the installation of bird and bat boxes.

 

During questions, a Member raised a concern regarding the proposed layby and that it could be used for parking on an evening, particular given its proximity to the Alhambra.  In response it was stated that this had already been flagged up as a potential issue and therefore a traffic regulation order would be imposed to control parking on this layby, and this would then be enforced in the normal way.

 

A Member raised concerns around the environmental impacts of the proposed development, given the amount of surplus office accommodation within the city centre.  In response it was stated that it was a judgement call around the demand for office accommodation; however the applicant will have done their own viability assessment.

 

In response to a question  ...  view the full minutes text for item 35.

36.

Braithwaite Edge, Quarry Black Hill Lane, Keighley, West Yorkshire - 20/05772/FUL pdf icon PDF 543 KB

The Assistant Director (Planning, Transportation & Highways) will

submit a report (Document “L”) which sets out a full application for

the installation of eleven, 10-metre high lighting columns and associated light fittings, with two columns to incorporate security camera systems at the former Braithwaite Edge Quarry, Black Hill Lane, Keighley.

 

Recommended –

 

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

 

(Richard Holiday - 01274 434605)

 

Minutes:

The Assistant Director (Planning, Transportation & Highways)
submitted a report (Document “L”) which set out a full application for
the installation of eleven, 10-metre high lighting columns and
associated light fittings, with two columns to incorporate security
camera systems at the former Braithwaite Edge Quarry, Black Hill
Lane, Keighley.

 

In setting out the application, the senior planning officer submitted photographs showing the lighting columns in situ and its impact on the Green Belt, together with a site plan and a satellite image showing the car parking area and access layout. It was stressed that Members were only dealing with the lighting columns and the CCTV cameras that had been installed, and no aspects relating to the operation of the cemetery or existing enforcement issues were being considered.

 

It was stressed that the works applied for had already been carried out without prior planning consent, despite the fact that a scheme of  low level lighting had been approved as part of the original cemetery application. And could still be implemented whether or not the lighting proposed by this application was approved.

 

By virtue of its visual impact on the Green Belt, the application was recommended for refusal;  given that it was an exposed site and the columns were visible during the day and when in use, caused light pollution and would impact on the biodiversity of the wider area;  any exception to Green Belt policy had not been met through the application, and it was therefore recommended for refusal, for the reasons set out in the Assistant Director’s technical report.

 

In response to a question on how the lighting columns compared to the normal urban street lighting, it was pointed out that these columns were considerably higher than the normal street lighting columns and that they were more comparable to those taller columns you would associate with a city centre setting and were considerably brighter in nature.

 

In response to a question on when the lighting columns were switched on, it was pointed out that they were only switched on when there was a funeral ceremony being undertaken at the site.

 

The Senior Planning Officer stressed that Members were not just looking at the visual impact of the lights when they were on, but also their impact on the openness of the Green Belt, as they were visible and prominent during daylight hours, as had been demonstrated by the photographs.

 

In response to a question regarding the impact of the lighting columns on the biodiversity of the area during use, it was stated that the biodiversity officer had concurred that 11 bright lights would have an impact on the biodiversity area and the nearby tarn, however a full ecological assessment had not been included with the application.  In addition it was felt that the low level lighting would be more appropriate given its location in the Green Belt and the impact on wildlife would be minimised.

 

An objector was present at the meeting and urged Members to refuse the application  ...  view the full minutes text for item 36.

37.

Annual Development Report pdf icon PDF 146 KB

The Assistant Director (Planning, Transportation & Highways) will

submit a report (Document “M”) to inform the Regulatory and Appeals Committee about Development Management performance and key activities undertaken over the last year (1 April 2020 – 31 March 2021). The Service can report that it exceeds or meets all the targets set by Government or in regard to its own measures such as stated in the Council Plan.

 

Recommended –

 

That the report set out in Appendix 1 to Document “M” be noted.

 

(Jenny Seaman - 01274 434195)

Additional documents:

Minutes:

The Assistant Director (Planning, Transportation & Highways)
submitted a report (Document “M”) to informed the Committee about Development Management performance and key activities undertaken over the last year (1 April 2020 – 31 March 2021).


The Service reported that it had exceeded or met all the targets set by
Government or in regard to its own measures such as stated in the
Council Plan.

 

Officers thanked Members for the way in which they had dealt with the applications during the pandemic, and in particular how this Committee had paved the way in dealing with remote meetings and the volume of applications.

 

Members thanked officers for their invaluable support and advice and it was:

 

Resolved –


(1)       That the report set out in Appendix 1 to Document “M” be noted.

 

(2)       That it be noted that the Planning Enforcement Team needs to be        sufficiently resourced given the level of enforcement activity               being undertaken by the team.

 

ACTION: Assistant Director Planning, Transportation and Highways