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 £31,893.75 to the Local Planning Authority to be spent on improvements to facilities at Harden Village Hall (also known as Harden Memorial Hall),

 

(iv)         An obligation to provide the Village Greenspace and other Public Open Spaces as shown on Drawing 1357DHP/MCH/IMO1 REV J, or as otherwise agreed by the Local Planning Authority, to a minimum area of 1,900m2, as open spaces [containing no buildings] in perpetuity; to include the submission of full details of the arrangements which shall be made for the management and maintenance of the Public Open Spaces shown on Drawing 1357DHP/MCH/IMO1 REV J, or as otherwise agreed by the Local Planning Authority.

 

(v)          The payment of a commuted sum of £7,000 to the Local Planning Authority for the provision of a Traffic Regulation Order to protect the visibility splays at the access point to the site.

 

                                                                        (John Eyles – 01274 434380)

 

 

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

 

The Assistant Director - Planning, Transportation and Highways submitted 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.

 

The 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), had been 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 had now been amended to address the reasons for refusal. The applicant had also given further consideration to the viability of the development and undertaken consultation with the local community and now proposed 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 had also been suggested that the details be varied in order to benefit Harden more directly.

 

The Assistant Director - Planning, Transportation and Highways explained that correspondence had taken place between the applicant and the Parish Council, who supported the additional contributions.  He confirmed that the proposals met the Community Infrastructure Levy (CIL) requirements regarding the Memorial Hall and new allotments and that the sums provided would be subject to separate agreements. 

 

Members were informed that the site was an open area of land, close to listed buildings, that would have a new access and the existing one would be closed.  A number of representations in support and objection had been received.  Harden Parish Council had objected to the removal of the affordable housing and had raised concerns in relation to the proximity to woodland on the northern boundary of the site.  They had stated that they believed the site could accommodate affordable housing and had requested that the cherry trees to be removed be replaced like for like.  The Assistant Director - Planning, Transportation and Highways confirmed that the development would contribute to the housing supply for the District, however, the density would be below 30 dwellings per hectare.  This had been justified due to the retention of open land.  The green space proposed within the scheme would retain the views and the layout sensitively responded to the area.  Members were informed that revisions had been made to reduce two of the dwellings from three to two storey in order to reduce the impact on the listed buildings.  The existing coal yard had a negative impact on the listed buildings, therefore, its removal was an improvement to the area.  The proposed houses had been set down in relation to the northern boundary, so the views remained and the impact on the St Ives Estate would be acceptable.  The Assistant Director - Planning, Transportation and Highways acknowledged that concerns had been raised in respect of the three storey properties within the site, however, there were similar houses surrounding the site and they did not appear unsightly in the location.  He reported that the trees would not require pruning or removing and the tree protection condition on the application would be sufficient to safeguard the woodland.  The application was then recommended for approval, subject to the conditions as set out in the report and the amended deed of variation.

 

In response to Members’ queries, the Assistant Director - Planning, Transportation and Highways explained that the northern boundary would retain the stone wall, though it was dilapidated in some other areas and condition 6 could be amended to reflect the retention of feature walls.  It was confirmed that the access at Crowther Fold would be retained and be a gated entrance, however, a secondary access point would not be required for this development. 

 

A representative of Harden Parish Council was present at the meeting and made the following comments:

 

·         The application submitted addressed more of the issues raised and was a significant step forward.

·         A substantial part of the Section 106 Agreement had been reinstated.

·         It was accepted that the cherry trees would be removed, however, identical ones should be replanted

·         The cherry trees were a significant amenity to the village.

·         The Mill House access was perceived to be remote and had issues that needed addressing.

·         The Core Strategy reduced affordable housing and affected the whole of Bradford.

·         The viability of the scheme should be considered.

 

In response the Assistant Director - Planning, Transportation and Highways explained that:

 

·         The cherry trees could be removed as they were not protected and it would be difficult to state that the developer should replace like for like.  The submitted comprehensive planting scheme was acceptable and the replanting could not be justified.

·         An alternative plan could be requested that included the planting of cherry trees at an appropriate location at the entrance of the site.

·         The Government had set a high bar for the Council to achieve affordable housing and the schemes had to be viable.  Consultants had looked at the site and stated that it would not provide an opportunity for affordable housing, therefore, the applicant had proposed additional contributions. 

 

Objectors were present at the meeting and raised the following concerns:

 

·         As owner of Harden Fisheries, access across the field to the utilities was required.

·         There was a 4 foot maintenance strip around the building and this needed to be retained.

·         The proposal would place pressure on Keighley Road.

·         The ‘arrival square’ had been removed but should be reinstated.

·         Where would delivery vehicles and customers park, as double yellow lines would be installed.

·         The development would be close to forest trees.

·         There would be less pressure to fell or prune the trees if the distance was adequate.

·         The proposed houses were close to the tree canopy.

·         The only change was that some of the three storey houses had been slightly reduced in height.

·         The proposed layout had not altered.

·         The development was not in accordance with policy EN5.

·         The first two reasons for refusal still applied.

·         A Tree Preservation Order was required for the trees at the boundary.

 

The City Solicitor confirmed that the granting of planning permission would not affect the existing rights of access and there would be a statutory right of entry onto land to maintain property.

 

In response to further questions, the Assistant Director - Planning, Transportation and Highways confirmed that:

 

·         Access to the rear of the fisheries would not be prevented.  The landscape plan would be amended and the location of the hedgerow could be looked at to ensure that the access to the property would be maintained.

·         The applicant had to be agreeable to submit an amended landscaping scheme and the business owner would then be contacted in relation to any agreements.

·         28 dwellings would not create a significant impact on the highways.  The proposed double yellow lines and Traffic Regulation Order (TRO)  in front of the property would protect the visibility splays.  The TRO would also be subject to the usual process via the Area Committee.

·         The drainage proposals had been covered under the previous application.

·         Information had been submitted by qualified experts and accepted in respect of the proximity of the properties to the trees on the northern boundary.  

 

The applicant’s agent was present at the meeting and stated that:

 

·         Following the previous refusal, the scheme had been evaluated.

·         The Parish Council and local community had been consulted.

·         The feedback and advice received had been welcomed.

·         An improved scheme had now been submitted.

·         Additional requests regarding the allotments would be considered.

·         He believed that cherry trees had been planted, but the scheme could be revised if not.

·         If the hedgerow presented an issue, it could be addressed.

·         The application should be approved.

 

During the discussion Members requested that the conditions in relation to the boundary treatments and the landscaping scheme be amended.  It was also agreed that a separate legal agreement be completed in order to ensure that the additional contributions proposed by the developer be spent on improvements to Harden Memorial Hall and the provision of new allotments.

 

Resolved –

 

(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, subject to the amendment of Condition 6 as set out below

 

Notwithstanding the details provided on the submitted plans details of the design, height and materials of boundary treatments to the plot curtilages and any retaining walls within the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall show, wherever possible, retention of the existing boundary walls particularly along the northern boundary of the site. The details so approved shall then be provided in full prior to the first occupation of the development and shall thereafter be retained as long as the development subsists.

 

Reason:  In the interests of amenity and privacy and to accord with Policies DS2, DS3, DS5 and EN3 of the Local Plan Core Strategy.’

 

            and the amendment of Condition 8 as set out below:

 

In the first planting season following the completion of the development, or as may otherwise be agreed in writing by the Local Planning Authority, the landscaping proposals and new tree planting shall be implemented at the site in accordance with details shown on the Landscape Proposals drawing reference GL0744 01 REV J.

 

Any trees or plants comprising the approved landscaping that become diseased or die, or which are removed or damaged within the first 5 years after the completion of planting shall be removed and a replacement landscape planting using the same or similar species/specifications shall be planted in the same position no later than the end of the first available planting season following the demise of the original landscape planting.

 

Reason: In the interests of visual amenity and to accord Policies EN5, DS2 and DS3 of the Core Strategy Development Plan Document.

           

(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 obligation in respect of affordable housing provision and to amend/retain the other infrastructure contributions 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)       An obligation to provide the Village Greenspace and other Public Open Spaces as shown on Drawing 1357DHP/MCH/IMO1 REV J, or as otherwise agreed by the Local Planning Authority, to a minimum area of 1,900m2, as open spaces [containing no buildings] in perpetuity; to include the submission of full details of the arrangements which shall be made for the management and maintenance of the Public Open Spaces shown on Drawing 1357DHP/MCH/IMO1 REV J, or as otherwise agreed by the Local Planning Authority.

 

(iv)       The payment of a commuted sum of £7,000 to the Local Planning Authority for the provision of a Traffic Regulation Order to protect the visibility splays at the access point to the site.

 

(v)        The payment of legal fees of £1,200.

 

(vi)       The payment of the Monitoring Fee of £1,175,

 

(vii)      The completion of separate legal agreements by the developer and the respective local organisations/Parish Council in respect of; the provision of a sum of £31,893.75 to be spent on improvements to facilities at Harden Village Hall (also known as Harden Memorial Hall), and the provision of a sum of £16,166 to contribute towards the scheme to provide allotments for Harden, the details and completion of which to be confirmed to the Council prior to the commencement of development.

 

ACTION:       Assistant Director - Planning, Transportation and Highways