Agenda, decisions and minutes

Regulatory and Appeals Committee - Thursday, 19th August, 2021 10.00 am

Venue: the Council Chamber

No. Item



(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.




(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.


In the interest of transparency, Councillors Wainwright and Warburton declared an interest in the item relating to Land at Westminster Drive (Minute 23) as they were Members at the time when a planning application was considered on an adjacent site, however they stated that they would consider this application with an open mind.


ACTION: City Solicitor



Recommended –


That the minutes of the meeting held on 29 July 2021 be signed as a correct record.


(Yusuf Patel – 07970 411923)


Resolved –


That the minutes of the meeting held on 29 July 2021 be signed as a correct record.



(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.

(Yusuf Patel – 07970 411923)



There were no appeals submitted by the public to review decisions to restrict documents.



The Committee will be asked to consider recommendations, if any, to appoint Members to Sub-Committees of the Committee.


(Yusuf Patel – 07970 411923)



There were no changes to Membership of Sub-Committees.




The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “G”) which relates to a full application for the construction of a residential scheme of 69 dwellings of which 14 are to be provided as affordable dwellings. Access to the site will be taken directly from Westminster Drive.


Recommended –


That the application be approved, subject to the conditions set out in Appendix 1 to Document “G”.


(Mark Hutchinson - 01274 434741)




Resolved –


That the application be deferred to a future meeting to allow the Council and the applicant to assess the drainage report commissioned by the Keep Clayton Green Action Group.  This report must be submitted to the Assistant Director Transportation Design & Planning by 12 Noon Friday 20 August 2021.


ACTION: Assistant Director Transportation Design & Planning


(Mark Hutchinson – 01274 434741)


The Assistant Director Planning, Transportation and Highways submitted a report (Document “G”) which related to a full application for the construction of a residential scheme of 69 dwellings, of which 14 were to be provided as affordable dwellings. Access to the site would be taken directly from Westminster Drive.


The Assistant Director gave a PowerPoint presentation setting out the details of the application, stating that the red line of the application site had been amended to include land on which the drainage works would be undertaken. 

Arial photographs, proposed layout and access from Westminster Drive were shown and highlighted, stressing that highways and drainage were considered the main issues on this application.  In relation to highways, the impact of the proposed dwellings on access and its impact on the highway had been considered, and it was felt that they were both acceptable, and that the surrounding highway network could accommodate post development traffic.  In relation to drainage, surface water would connect up to the beck; however it would be up to the applicant to manage any surface water runoff issues and ensure that there was adequate drainage, and any surface water should not be made worst by the development. During the construction phase there may be some issues on adjoining footpaths as a result of surface water run-off, and again it would be up to the applicant to manage this, suffice to say that details of the layout, landscaping and drainage would have to be submitted and agreed in writing , to our satisfaction, prior to development commencing.


Drawings showing the proposed street scene were alluded to as well as examples of the proposed house types, concluding that subject to the conditions set out in the report, the application was recommended for approval.


In relation to a question regarding drainage. It was stated that details of the drainage scheme were yet to be submitted, however drainage works would be phased on the development.


In response to a question regarding parking, it was envisaged that each house would have to two parking spaces and a garage, which would be conditioned to ensure it remained as such.  Additional visitor parking would also be provided on site.


A number of objectors were present at the meeting including Ward Councillors, a Parish Councillor and a representative from the Keep Clayton Green Group; during their submission the following points were highlighted:


·         That there was no confidence in the drainage solutions proposed and the modelling used.


·         That flooding occurred frequently on adjoining land, including flooding of Low Lane at Hole Bottom Beck and at the key road connection between Clayton and Thornton.


·         That householders downstream already suffered from the impact of surface water flooding.


·         That flooding at Middlebrook Crescent was already problematic and that these households could not obtain insurance and that the Council was offering flood grants.


·         That there were a number of objections from the residents of Spring Valley View around flooding issues.


·         That there were a number of traffic safety and  ...  view the full minutes text for item 23.