Agenda

Regulatory and Appeals Committee
Thursday, 6th December, 2018 10.00 am

Venue: the Banqueting Hall - City Hall, Bradford. View directions

Contact: Sheila Farnhill 

Items
No. Item

A. PROCEDURAL ITEMS

1.

ALTERNATE MEMBERS (Standing Order 34)

The City Solicitor will report the names of alternate Members who are attending the meeting in place of appointed Members.

2.

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.

3.

MINUTES

Recommended –

 

That the minutes of the meetings held on 21 June 2018 be signed as a correct record.

 

(Sheila Farnhill – 01274 432268)

4.

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)

B. BUSINESS ITEMS

5.

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)

6.

LAND TO THE SOUTH OF LEAVENTHORPE LANE, BRADFORD pdf icon PDF 731 KB

The Assistant Director - Planning, Transportation and Highways will present a report (Document “AF”) in respect of an outline planning application for the construction of a residential development with public open space, landscaping and associated infrastructure, and including consideration of access, on land to the south of Leaventhorpe Lane, Bradford – 17/06897/MAO.

 

The report explains that the scheme is considered to be unacceptable due to concern in relation to the potential for flooding to take place on land outside the site.

 

Recommended –

 

That the application be refused for the reason set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

 

                                                                        (John Eyles – 01274 434380)

7.

TONG GARDEN CENTRE, TONG LANE, BRADFORD pdf icon PDF 628 KB

A report will be submitted by the Assistant Director - Planning, Transportation and Highways (Document “AG”) in respect of a full application for the demolition of existing canopies, walkways and glasshouse and the erection of a garden centre shop extension, replacement canopy, events space, indoor play area, store extension, lakeside cabins and a lakeside pavilion, and the improvement of the existing lake to form a wildlife area, at Tong Garden Centre, Tong Lane, Bradford – 18/02997/MAF.

 

Recommended –

 

That the application be approved for the reasons and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

 

                                                                        (John Eyles – 01274 434380)

Interested parties are asked to note that the following item will not be considered before 1.30 pm.

8.

LAND AT HARDEN ROAD AND KEIGHLEY ROAD, HARDEN, BINGLEY pdf icon PDF 662 KB

Previous references:           Minutes 11  (2015/16) and 24 (2017/18)

 

The Assistant Director - Planning, Transportation and Highways will submit a report (Document “AH”) in relation to a Reserved Matters application for the construction of 28 dwellings including consideration of access (other than at Keighley Road), appearance, landscaping, layout and scale – 18/03868/MAR.

 

Members will recall that this application, and an associated request for a Deed of Variation to the Section 106 Legal Obligation attached to the outline planning permission (15/01039/MAO), were considered at the meeting of the Committee held on 19 July 2018, when it was resolved:

 

‘That the application be refused for the following reasons:

 

(i)         The development would cause harm to the setting of the Grade II Listed Buildings at Crowther Fold and the registered historic landscape of the St Ives Estate and would therefore be contrary to Policies EN3 and SC9 of the Core Strategy.

 

(ii)        The proposed three storey units would, by reason of their massing, have an adverse impact on the visual amenity of Harden Village and would therefore be contrary to Policies DS1 and DS3 of the Core Strategy.

 

(iii)       The proximity of the proposed development to woodland adjacent to the Northern boundary of the site is likely to result in future pressure for the pruning and/or felling of trees to the detriment of visual amenity which would be contrary to Policies EN5, DS1 and DS3 of the Core Strategy.’

 

The application has now been amended to address the reasons for refusal. The applicant has also given further consideration to the viability of the development and undertaken consultation with the local community and now proposes that the Section 106 Agreement be varied to omit the affordable housing provision but to retain the financial contributions to local infrastructure totalling £108,970.75 and the provision of Public Open Space at a stated cost of £38,000. It is also suggested that the details be varied in order to benefit Harden more directly.

 

Recommended –

 

(1)       That the application be approved for the reasons and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

 

(2)       That authority be delegated to the Assistant Director - Planning, Transportation and Highways (in consultation with the City Solicitor) to enter into a Deed of Variation, in respect of the Section 106 Legal Obligation attached to Planning Permission 15/01039/MAO, to remove the obligations in respect of affordable housing provision and amend/retain the contributions in respect of public open space provision, education infrastructure, Metro contribution and recreation infrastructure as follows:

 

(i)         The payment of a commuted sum of £20,419 to the Local Planning Authority for the purpose of upgrading the existing public recreation infrastructure at the St Ives Estate, Keighley Road, Harden,

 

(ii)        The payment of a commuted sum of £46,708 to the Local Planning Authority for the purpose of upgrading the existing educational infrastructure at Cullingworth Primary School or Harden Primary School,

           

(iii)         The payment of a commuted sum of  ...  view the full agenda text for item 8.