Previous references: Minutes 36 (2014/15) and 12 (2016/17)

The Assistant Director - Planning, Transportation and Highways will present a report (Document “AJ”) in relation to a planning application, submitted under the provisions of Section 73 of the Town and Country Planning Act 1990, in respect of the residential development of 267 dwellings and integral public open space, with associated access, parking and landscaping on land at Simpsons Green, Apperley Bridge, Bradford -16/07708/VOC. The scheme had originally been granted planning permission on 17 December 2014 (14/00255/MAF).

The report explains that the application is for a minor material amendment to the previously approved development through a variation of Condition 2 to substitute revised drawings showing changes to retaining walls, boundary treatments, levels, layout and house designs. The changes partly relate to a change in house designs/ layout for 63 units, which are now proposed to be developed by a second house builder, and partly relate to the retrospective regularisation of changes to site retaining walls/ ground levels. 

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 of the original legal obligation under Section 106 of the Town and Country Planning Act 1990 and Section 278 of the Highways Act 1980 attached to Planning Permission 14/00255/MAF to retain all the obligations as follows:

(i)            Payment of a commuted sum of £1,926,006 towards the highway improvement scheme at the New Line/Harrogate Road junction in lieu of affordable housing provision, with any monies not required for the works to the junction being directed back to the provision of affordable housing within the Idle and Thackley Ward as the first priority and Bradford North Constituency as the second priority.

(ii)          Payment of a commuted sum of £21,000 to be used for improvements of the existing playing pitches in the nearby locality.

(iii)         On-site provision of recreation equipment in the area to be designated as Public Open Space. The equipment to be maintained in perpetuity by the management company responsible for the open spaces on the site (see (v) below) and the detail of the type and location of the equipment to be approved in writing by the Local Planning Authority.

(iv)      Payment of a commuted sum of £1,058,840 for educational infrastructure improvements within the Idle and Thackley Ward or adjoining wards; £462,054 towards primary facilities and £596,786 towards secondary facilities. (To be paid in four equal instalments at the following triggers: 25% on the occupation of the 50th unit, second instalment on the occupation of the 100th unit, third instalment on occupation of 150 units with the remainder paid on the occupation of the 200th unit.)

(v)       A management plan agreement for the management of all communal areas on the site which shall include long term design objectives, management responsibilities and maintenance schedules for all the areas in addition to including biodiversity enhancements. The Public Open Spaces to be provided prior to occupation of the 50th unit and to remain open and free from any built form in perpetuity.

(vi)      Payment of a commuted sum of £134,000 for transport infrastructure improvements and/or initiatives to support modal shift in the locality such as; upgrades to the Bridleway and the Public Rights of Way network. £20,000 of these monies to be put towards the upgrading of bus stops 17179 and 17178.

(vii)     Payment of a commuted sum of £15,000 to fund a mid/post development assessment and consultation exercise and any highway improvements considered necessary on Apperley Road and neighbouring roads, with consideration being given to the introduction of a road closure/one way system and resident’s permit parking.

(viii)    Payment of a commuted sum of £5,000 to fund a Resident’s Permit Parking Scheme, if identified as necessary by the mid/post development assessment and consultation exercise. The scheme to be agreed with the Council.

(ix)      Highway works, to include:

(a) A contribution of £1,926,006 towards the planned improvements to the New Line/Harrogate Road junction.

(b) A contribution of £14,000 for Traffic Regulation Orders and a Speed Hump Order to implement waiting restrictions to the protect visibility splays at the junction and for the relocation of the existing speed humps on Apperley Road.

(c) The provision of an Emergency Access, along with a shared pedestrian/cycle link, between the site and Leeds Road,

the legal planning obligation to contain such other ancillary provisions as the Assistant Director - Planning, Transportation and Highways (after consultation with the City Solicitor) considers appropriate.

                                                            (John Eyles – 01274 434380)

Previous references: Minutes 36 (2014/15) and 12 (2016/17)

The Assistant Director - Planning, Transportation and Highways presented a report (Document “AJ”) in relation to a planning application, submitted under the provisions of Section 73 of the Town and Country Planning Act 1990, in respect of a residential development of 267 dwellings and integral public open space, with associated access, parking and landscaping on land at Simpsons Green, Apperley Bridge, Bradford -16/07708/VOC. The scheme had originally been granted planning permission on 17 December 2014 (14/00255/MAF).

The report explained that the application was for a minor material amendment to the previously approved development through a variation of Condition 2 to substitute revised drawings showing changes to retaining walls, boundary treatments, levels, layout and house designs. The changes related in part to a change in house design/layout for 63 units, which were now proposed to be developed by a different house builder, and in part to the retrospective regularisation of changes to site retaining walls/ ground levels. 

The Assistant Director responded to questions from Members as follows:

·         The type and size of the initial landscaping stock to be provided as part of the development would be controlled.  However, how and when shrubs/trees within the private curtilages might be removed or replaced in the future could not be controlled.

·         A 1.8 metre close board fence would be provided along the rear boundary and this would be conveyed to the owners of the new properties.  They would be able to change this in the future if they so wished but it was considered unlikely that it would be replaced with anything that would provide less screening.

·         He tabled the relevant plans and explained the situation in respect of 155 Apperley Road and adjacent properties in particular. The new dwelling to existing dwelling position and the house type were unchanged. The height of the retaining structure was now in accordance with what had been approved originally but it was placed nearer to the boundary. Screening would be provided.

The applicant’s agent spoke in support of the application:

·         The application was a minor material amendment to change sixty one of the previously approved house types to that preferred by the current developer.

·         Local residents had been consulted on the proposals.

·         The application also sought to regularise the boundary treatments.

·         The applicant had worked with the Local Planning Authority and local residents to try and provide an improved solution to the issues.

·         The rear gardens of the new properties would now be terraced and it had been possible to move and reduce the height of some of the retaining features.

·         Additional landscaping along the southern boundary of the site would be agreed with officers.

·         It should be possible to a covenant in the deeds for each plot to ensure that the landscaping was maintained in the future.

·         Where possible the relationships of new to existing properties in terms of distance and height had been improved upon, subject to the technical constraints and the topography of the site.

·         All the retaining features along the southern boundary would be screened from view.

In response to Members’ questions he said that:

·         Meetings had taken place with approximately fifteen local residents.  As a result it had become apparent that there was a need to review the proposed retaining features.  This issue had been addressed by terracing the rear gardens of the new properties and by providing screening of the retaining features for existing residents.  The finished floor levels of the new houses would be as previously approved but some of the ridge heights had been reduced.

·         The applicant had taken over this part of the site from the previous developer.  The necessary amendments to the ground works had been considered as part of a package alongside the required amendments to alter the house types.

Members welcomed the efforts made by the applicant to consult with local residents and to work with planning officers. The suggestion that a covenant be placed on the relevant deeds to protect the landscaping and amenity in the future was considered to be appropriate.

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.

(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 of the original legal obligation under Section 106 of the Town and Country Planning Act 1990 and Section 278 of the Highways Act 1980 attached to Planning Permission 14/00255/MAF to retain all the obligations as follows:

(i)            Payment of a commuted sum of £1,926,006 towards the highway improvement scheme at the New Line/Harrogate Road junction in lieu of affordable housing provision, with any monies not required for the works to the junction being directed back to the provision of affordable housing within the Idle and Thackley Ward as the first priority and Bradford North Constituency as the second priority.

(ii)          Payment of a commuted sum of £21,000 to be used for improvements of the existing playing pitches in the nearby locality.

(iii)         On-site provision of recreation equipment in the area to be designated as Public Open Space. The equipment to be maintained in perpetuity by the management company responsible for the open spaces on the site (see (v) below) and the detail of the type and location of the equipment to be approved in writing by the Local Planning Authority.

(iv)      Payment of a commuted sum of £1,058,840 for educational infrastructure improvements within the Idle and Thackley Ward or adjoining wards; £462,054 towards primary facilities and £596,786 towards secondary facilities. (To be paid in four equal instalments at the following triggers: 25% on the occupation of the 50th unit, second instalment on the occupation of the 100th unit, third instalment on occupation of 150 units with the remainder paid on the occupation of the 200th unit.)

(v)       A management plan agreement for the management of all communal areas on the site which shall include long term design objectives, management responsibilities and maintenance schedules for all the areas in addition to including biodiversity enhancements. The Public Open Spaces to be provided prior to occupation of the 50th unit and to remain open and free from any built form in perpetuity.

(vi)      Payment of a commuted sum of £134,000 for transport infrastructure improvements and/or initiatives to support modal shift in the locality such as; upgrades to the Bridleway and the Public Rights of Way network. £20,000 of these monies to be put towards the upgrading of bus stops 17179 and 17178.

(vii)     Payment of a commuted sum of £15,000 to fund a mid/post development assessment and consultation exercise and any highway improvements considered necessary on Apperley Road and neighbouring roads, with consideration being given to the introduction of a road closure/one way system and resident’s permit parking.

(viii)    Payment of a commuted sum of £5,000 to fund a Resident’s Permit Parking Scheme, if identified as necessary by the mid/post development assessment and consultation exercise. The scheme to be agreed with the Council.

(ix)      Highway works, to include:

(a) A contribution of £1,926,006 towards the planned improvements to the New Line/Harrogate Road junction.

(b) A contribution of £14,000 for Traffic Regulation Orders and a Speed Hump Order to implement waiting restrictions to the protect visibility splays at the junction and for the relocation of the existing speed humps on Apperley Road.

(c) The provision of an Emergency Access, along with a shared pedestrian/cycle link, between the site and Leeds Road,

the legal planning obligation to contain such other ancillary provisions as the Assistant Director - Planning, Transportation and Highways (after consultation with the City Solicitor) considers appropriate.

(3)       That the Assistant Director - Planning, Transportation and Highways include a footnote on the planning permission in respect of the imposition of a covenant on the plots along the southern boundary of the site which abut existing properties on Apperley Road to ensure the retention and maintenance of suitable landscaping treatments/screening along this boundary.

ACTION:       Assistant Director - Planning, Transportation and Highways

City Solicitor