Previous reference: Minute 28 (2016/17)

A report will be submitted by the Assistant Director - Planning, Transportation and Highways (Document “AK”) in respect of an outline application for the construction of a mixed-use development scheme comprising apartments and wedding venue with conferencing facilities and associated car parking on land at Trafalgar Street car park, Snowden Street, Bradford - 16/02316/MAO. The application is in outline form with details of the access and layout submitted for consideration at this stage

The report explains that the application was considered by the Committee on 4 August 2016 when it was resolved to grant permission subject to a Section 106 Legal Agreement covering a number of matters. However, the applicant has failed to complete the Agreement within a reasonable period of time and there are no indications that it will be completed imminently and therefore the application is now recommended for refusal.

Recommended –

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

                                                                        (John Eyles – 01274 434380)

Previous reference: Minute 28 (2016/17)

A report was submitted by the Assistant Director - Planning, Transportation and Highways (Document “AK”) in respect of an outline application for the construction of a mixed-use development scheme comprising apartments and a wedding venue, with conferencing facilities and associated car parking, on Trafalgar Street Car Park, Snowden Street, Bradford - 16/02316/MAO. The application was in outline form with details of the access and layout submitted for consideration at this stage

The report reminded Members that the application had originally been considered by the Committee on 4 August 2016 when it had resolved to grant permission subject to a Section 106 Legal Agreement covering a number of matters. However, the applicant had failed to complete the Legal Agreement within a reasonable period of time and in light of there being no indication that it would be completed imminently the application was now recommended for refusal.

The Assistant Director explained that, since the publication of his report, the applicant had indicated that he was keen to sign the Section 106 Agreement and if this was not done by the end of May then refusal of the application would be accepted.

He gave the following response to Members’ questions:

Some of the proposed apartments would be for sale on the private market and a number were to be used in conjunction with the use as a wedding venue.  A relevant restriction on their use was proposed to be included within the Section 106 Obligation.

Members considered that it would be reasonable to allow the applicant until the end of the following month to sign the obligation. Further to which it was:

Resolved –

(1)       That the decision taken on 4 August 2016 to approve the application for the reasons set out in the Assistant Director - Planning, Transportation and Highways’ technical report (Document “P”) and subject to the completion of a legal planning obligation under Section 106 of the Town and Country Planning Act 1990  with the following heads of terms:

(i)            The payment of a commuted sum of £41,261 towards enhancing the recreational infrastructure at Thurnscoe Road Play Area and Lupton Street Play Area and a contribution towards delivery of Bradford Council’s Playing Pitch Strategy in the area.

(ii)        The payment of a commuted sum of £77,067 towards the enhancement of educational infrastructure; £33,629.40 for primary sector level to be used at Poplars Park Primary School and £43,437.60 for secondary sector level to be used at Oasis Academy Lister Park,

(iii)       The provision of 25 affordable homes in the form of 19x1 bedroom apartments and 6x2 bedroom apartments,

(iv)      Off-site highway works including the payment of the costs of amending the existing Traffic Regulation Order on Trafalgar Street (approximately £7,000 - £8,000),

(v)       The 63 self-serviced apartments to be used only on a short term basis in association with use of the wedding venue and conference facilities on-site and any change in the nature of the use of the self serviced apartments in the future to be subject to a planning application,

be reaffirmed, subject to the legal obligation being completed, signed by the applicant and returned to the Council by no later than 31 May 2017.

(2)       That, if the legal obligation referred to in (1) above is not completed, signed by the applicant and returned to the Council by 31 May 2017, authority be delegated to the Assistant Director - Planning, Transportation and Highways to refuse the application for the reasons set out in Document “AK”.

ACTION:       Assistant Director - Planning, Transportation and Highways

                        City Solicitor