The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “AE”) which sets out a full application for the demolition of an existing dwelling and construction of 146 dwellings with associated engineering, landscaping and access works, at land to the south of Rooley Crescent, Staithgate Lane, Bradford.

Recommended –

That the application be approved subject to the completion of a Section 106 Legal Agreement and the conditions set out in Appendix 1 to Document “AE”.

(John Eyles - 01274 434380)

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “AE”) which set out a full application for the demolition of an existing dwelling and construction of 146 dwellings with associated engineering, landscaping and access works, at land to the south of Rooley Crescent, Staithgate Lane, Bradford.

The Assistant Director gave a detailed overview of the planning application, showing plans, photographs of the proposed site, layout and proposed house types and summarising the representations that had been received.  He updated Members on additional comments that had been received from Network Rail suggesting that works be undertaken to ensure safety in the vicinity of Bolling tunnel and that this would be addressed by way of an additional condition.  A transport planner had raised concerns that no travel plan had been submitted and that the site was far away from a viable bus route, as well as details around the proposed park and ride scheme and electric vehicle charging points, again a condition would be added stipulating the submission of a travel plan.  The Environment Agency had been contacted about the proposed development but had made no comments on the application.

Four additional objections had also been received, which raised no new issues.  An objection from the local Member of Parliament was alluded to raising a number of concerns regarding the 1972 designation of the land which had since been superseded by a number of policy changes and it was confirmed that Network Rail, Yorkshire Water and the Coal Board had all been consulted.  The factors relating to the Odsal tip had also been considered and as a consequence gas protection measures would be stipulated by way of condition.

A number of heads of terms were suggested as well as amended /revised conditions relating to the development which were reflected in the resolution.

In response to a question regarding timescales for delivery of the park and ride scheme, it was explained that the proposals were currently in the process of being assessed. 

In relation to a question regarding contamination, it was explained that the Council’s Environmental Protection Team had assessed the site, and they were happy with the proposals, subject to the imposition of a condition relating to gas protection measures.

The Chair stated he had had sight of a memo from an officer in the Environmental protection team which stated that they were a number of contaminants present on the site, including arsenic and in his opinion the level of contamination was setting off alarm bells.  In addition the GEO Leeds report had also expressed concerns about the suitability of this site for residential use. Furthermore the site was not served well by public transport and any bus services that did operate, were infrequent. Concerns were also expressed on the potential for leachate to seep onto the site from the Odsal tip and that this was a matter of real concern.

In response to some of the issues raised, the Assistant Director acknowledged that although Environmental Protection had raised some concerns, remediation work to deal with the contaminants would ensure that the site was safe prior to any commencement of the development. That in relation to public transport, the development was still considered viable in terms of its proximity to Low Moor station and Rooley Lane.  In addition once the park and ride scheme comes to fruition, a direct public transport link would be established.

The Chair raised a further concern regarding the suitability of Deanbeck Avenue and Rooley Crescent to absorb the additional traffic emanating from this development and the resulting road safety implications.  In response it was stressed that the two points of access would allow for safe use of the adjoining roads and the proposals were considered safe on highway safety grounds.

A Ward Councillor was present at the meeting and stated that there was strong feeling amongst residents about the development and its impact on the locality, with the MP raising concerns and a petition that had also been submitted.  She alluded to the existing traffic issues affecting the area with congestion being a major factor given the proximity to the M606, M62 and Rooley Lane.  Therefore an additional 146 houses would only exacerbate the situation and create a road safety issue particular for vehicles using Deanbeck Avneue.  Contamination on this site was another area of real concern as had already been alluded to and any mitigation measures would not be sufficient to deal with the issue, and the proximity of the site to existing chemical works was another area of concern.

In response the Assistant Director stated that the Health and Safety Executive had not raised any objections in relation to the proximity of the existing chemical works in the area; that additional green space would be created by virtue of this development.

A number of objectors were also present at the meeting and cited concerns around the contamination and toxins present on this site meant that it was not suitable for any type of residential development; that the existing traffic congestion in the area was a particular concern and this development would only exacerbate the situation.

The applicant’s representative was also present and stressed that the concerns that had been expressed by a number of people had all been adequately addressed in the report, and that all statutory consultees were of the opinion that the site was suitable for residential development.  That any contamination on the site would be dealt with and remedied prior to development, as it was not in the interest of the applicant to build houses and find that there were issues post development. That the development would create jobs as well as address the housing needs of the district.  He added that the development was in a sustainable location and tap into the proposed park and ride scheme.

During the discussion Members raised a number of concerns around the viability of the site, in particular the infrequent bus service and proximity of services such as Doctors surgery; the contamination issues and gas migration affecting the site was a particular cause for concern and Members felt that the remedial measures proposed were inadequate. In addition concerns were also raised around access and the impact on road safety on Deanbeck Avenue and Rooley Crescent, and it was therefore:

Resolved –

That the application be refused for the following reasons:

1. Highway safety

The proposed development would involve the intensification of use of Rooley Crescent and Deanbeck Avenue which would be detrimental to highway safety by reason of the general arrangement of the roads through width and geometric layout. The proposal is therefore contrary to policies DS1 and DS4 of the Local Plan for Bradford and paragraphs 102, 109 and 110 of the National Planning Policy Framework.

2. Sustainable public transport links

The site is served by only infrequent public transport and is beyond the 400 metre walking distance to a bus stop as recommended in national guidelines. As such it is not considered that the proposal constitutes a sustainable location serving local services including medical health provision and education. The proposal is therefore considered to be contrary to policy TR3 of the Local Plan for Bradford and paragraphs 102, 109 and 110 of the National Planning Policy Framework.

3. Contamination

The application site is located immediately adjacent to an acknowledged source of contamination (Odsal Tip, site reference 12ne02). The Applicant has failed to demonstrate that in the long term the development proposal will not be unacceptably exposed to future contamination emanating from the adjacent site. The proposal is therefore considered to be contrary to policy EN8 of Local Plan for Bradford and paragraphs 178 and 179 of the National Planning Policy Framework.

ACTION: Assistant Director Transportation, Design and Planning