Agenda, decisions and draft minutes

Area Planning Panel (Keighley and Shipley) - Wednesday, 29th November, 2023 10.00 am

Venue: Council Chamber - City Hall, Bradford. View directions

Contact: Asad Shah 

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 must consider their interests, and act according to the following:

 

Type of Interest

You must:

 

 

Disclosable Pecuniary Interests

Disclose the interest; not participate in the discussion or vote; and leave the meeting unless you have a dispensation.

 

 

Other Registrable Interests (Directly Related)

OR

Non-Registrable Interests (Directly Related)

Disclose the interest; speak on the item only if the public are also allowed to speak but otherwise not participate in the discussion or vote; and leave the meeting unless you have a dispensation.

 

 

 

Other Registrable Interests (Affects)

OR

Non-Registrable Interests (Affects)

Disclose the interest; remain in the meeting, participate and vote unless the matter affects the financial interest or well-being

 

 (a) to a greater extent than it affects the financial interests of a majority of inhabitants of the affected ward, and

 

(b) a reasonable member of the public knowing all the facts would believe that it would affect your view of the wider public interest; in which case speak on the item only if the public are also allowed to speak but otherwise not do not participate in the discussion or vote; and leave the meeting unless you have a dispensation.

 

(2)       Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(3)       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. 

 

(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 meetings held on 2 August and 25 October 2023 be signed as correct records.

 

(Asad Shah – 07970 414022)

 

 

Minutes:

That the minutes of the meeting held on 2 August 2023 and 25 October 2023 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. 

 

(Asad Shah – 07970 414022)

 

Minutes:

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

 

16.

PUBLIC QUESTION TIME

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

To hear questions from electors within the District on any matter which is the responsibility of the Panel. 

 

Questions must be received in writing by the Director of Legal and Governance in Room 112, City Hall, Bradford, by mid-day on Monday 27 November 2023. 

 

                                                (Asad Shah – 07970 414022)

 

Minutes:

There were no questions submitted by the public.

 

17.

APPLICATIONS RECOMMENDED FOR APPROVAL OR REFUSAL pdf icon PDF 587 KB

The Panel is asked to consider the planning application which is set out in (Document “D”) relating to the item recommended for approval.

 

The site concerned is:

 

Item

Site

Ward

A.

Former Kashmiri Aroma Restaurant And Takeaway Coutances Way Burley In Wharfedale Ilkley West Yorkshire LS29 7HQ - 23/01734/FUL  [Approve]

Wharfedale

 

(Amin Ibrar – 01274 434605)

 

 

Minutes:

The Panel was asked to consider the planning application which is set out in (Document “E”) relating to the item recommended for approval.

 

The Planning officer was in attendance and at the invitation of the Chair gave a synopsis of the report. She explained that the application was a full plans planning application for extensions and alterations to the existing building.  The plans also include a new sub-surface waste water treatment unit and an underground attenuation tank; alterations to the car parking layout, landscaping and fencing to the rear at the Former Kashmiri Aroma Restaurant and takeaway, Coutances Way, Burley in Wharfedale, Ilkley. West Yorkshire LS29 7HQ - 23/01734/FUL

 

In addition to the submission of written concerns, objectors had attended the meeting and were given the opportunity to voice their concerns. In narration, strong voices were raised towards highway safety, character of the area, ecology, allegations about the applicant/company.

 

The Planning Officer explained that the site had a long-established use as a restaurant and takeaway with the company ‘Kashmiri Aroma’ operating from this site since c.2007. Prior to this, the site was occupied by a ‘Little Chef’ restaurant.

 

Kashmiri Aroma had recently vacated, and the site had been purchased by the applicant company, McDonalds.  This company would be operating as a restaurant and takeaway.  It was therefore emphasised that there was no material change of use taking place under the terms of the Planning Act.  In this respect, it was not for the Local Planning Authority to ascertain in this application if the ‘use’ of the site was acceptable.  This is already established, and the applicant could operate from the premises as it currently stood without further consent from the Local Planning authority.

 

A vast majority of representations received had raised concerns about the merits (morals and ethics) of the application company.  It was not for a Local Planning Authority to ascertain if a particular company (or applicant) can or cannot operate from a premises.

 

Resolved –

 

That the application be approved subject to the conditions set out in the Strategic Director, Place’s technical report (Document “E”) with the additional condition set out below:

 

Notwithstanding any details shown in the supporting plans and documents, and prior to the first installation of any external lighting, further details to finalise the lighting strategy to the rear (south) of the building shall be submitted to and approved in writing by the Local Planning Authority.  The details to be provided may include reducing the height of columns in this area and/or having the lights triggered by motion sensors. The proposal shall subsequently be carried out in accordance with the approved details and retained whilst ever the use subsists.

 

Reason: The reduce the potential impact from high light levels on known bat commuting and foraging to the rear of building and to accord with Policy EN2 of the Core Strategy Development Plan Document.

 

To be actioned by: Strategic Director, Place

 

18.

MISCELLANEOUS ITEMS pdf icon PDF 1 MB

The Panel is asked to consider other matters which are set out in (Document “F”) relating to miscellaneous items:

 

(A – B)            Items to note.

 

(C – D)           Decisions made by the Secretary of State - Dismissed

 

(Amin Ibrar – 01274 434605)

 

 

Minutes:

The Panel was asked to consider other matters which were set out in (Document “F”) relating to miscellaneous items:

 

(A – B)            Items to note.

 

(C – D)           Decisions made by the Secretary of State - Dismissed

 

Resolved –

 

That the requests for Enforcement/Prosecution Action and the decisions made by the Secretary of State as set out in Document “F” be noted.

 

Action: Strategic Director, Place