Agenda, decisions and minutes

Regulatory and Appeals Committee - Thursday, 16th December, 2021 10.00 am

Venue: the Council Chamber

Items
No. Item

44.

DISCLOSURES OF INTEREST

(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.

 

Notes:

 

(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.

Minutes:

In the interest of transparency, Councillor Warburton declared an interest in respect of the item relating to Land at Westminster Drive (Minute 48) as he was a  Member at the time when a planning application was considered on an adjacent site, however he stated that he would consider this application with an open mind.  Councillor Edwards also stated that he had a friend who lived on the adjacent site, however he had not discussed any aspect of this application with him.

 

In the interest of transparency, Councillors Ali, Edwards, Shafiq and Warburton declared an interest in respect of item relating to Land at Westminster Drive (Minute 48) as they were Members at the Committee on 19 August and 23 September 2021 when this application was previously considered.  However, they stated that they would consider this application with an open mind.

 

ACTION: City Solicitor

45.

MINUTES

Recommended –

 

That the minutes of the meeting held on 18 Novmeber 2021 be signed as a correct record.

                                                                        (Yusuf Patel – 07970 411923)

Minutes:

Resolved –

 

That the minutes of the meeting held on 18 November 2021, be signed as a correct record.

46.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(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)

Minutes:

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

 

47.

MEMBERSHIP OF SUB-COMMITTEES

The Committee is asked to agree the following changes:

 

Corporate Parenting Panel:

 

(1)       That Councillor Duffy replace Councillor Thirkill as Chair of the            Corporate Parenting Panel. (Councillor Thirkill to remain as a            Member on the Panel).

 

(2)       That Councillor Alipoor replace Councillor Mohammed as the   alternate Member on the Panel.

                                                            (Yusuf Patel – 07970 411923)

Decision:

RESOLVED –

 

That the following membership changes be approved on the Corporate Parenting Panel:

 

(1)       That Councillor Duffy replace Councillor Thirkill as Chair of the            Corporate Parenting Panel. (Councillor Thirkill to remain as a            Member on the Panel).

 

(2)       That Councillor Alipoor replace Councillor Mohammed as the   alternate Member on the Panel.

                                                           

ACTION: City Solicitor                                          (Yusuf Patel – 07970 411923)

 

 

Minutes:

Resolved –

 

That the following membership changes be approved on the Corporate Parenting Panel:

 

(1)       That Councillor Duffy replace Councillor Thirkill as Chair of the            Corporate Parenting Panel. (Councillor Thirkill to remain as a            Member on the Panel).

 

(2)       That Councillor Alipoor replace Councillor Mohammed as the   alternate Member on the Panel.

                                                           

ACTION: City Solicitor                                         

 

 

48.

LAND AT WESTMINSTER DRIVE, BRADFORD - 21/05245/MAF pdf icon PDF 896 KB

Previous references: Minutes 23 & 28 (2021/2022)

 

The Assistant Director Planning, Transportation & Highways will submit a report (Document “P”) which sets out a full application for the construction of a residential development on land at Westminster Drive, Bradford.

 

This application was previously considered by the Committee at its meeting held on 19 August and 23 September 2021 (Minute references see above).

 

Recommended –

 

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

(Hannah Lucitt – 01274 434605)

 

Decision:

RESOLVED –

 

(1)       That the application be approved subject to the completion of a Section 106 Legal Agreement, the Heads of Terms to also include (in addition to the provision of affordable housing):

 

(i)           The sum of £10,000.00p to be paid by the Owner to the Council as a contribution towards the provision of a real time information display at bus stop 21347 located on The Avenue; and

 

(ii)          The sum of £28,132.50p to be paid by the Owner to the Council as a contribution towards the cost of the provision of MetroCards to first Occupiers of each Dwelling.

 

(2)       That the granting of planning permission also be subject to the conditions set out in Appendix 1 to Document “P”, together with an additional condition for the dilapidation survey of Westminster Drive:

 

No development shall take place until details of a photographic

dilapidation survey of Westminster Drive to be used by development traffic has been undertaken and submitted to, and approved in writing by, the local planning authority. A scheme for the repair of any damage incurred as a direct result of site traffic using Westminster Drive, which shall include a delivery mechanism and programme for the works, shall be submitted to the local planning authority, for approval in writing, within 14 days of being requested. The approved scheme shall thereafter be implemented in full.

 

 

(3)       That the Development Service Manager, in consultation with the chairman, be authorised to attach a further condition requiring offsite highway works to be carried out in relation to the development.

 

ACTION: Assistant Director Transportation Design and Planning 

 

                                                                        (Hannah Lucitt – 01274 434605)

 

Minutes:

Previous references: Minutes 23 & 28 (2021/2022)

 

The Assistant Director Planning, Transportation and Highways submitted a report (Document “P”) which set out a full application for the construction of a residential development on land at Westminster Drive, Bradford.

 

This application was previously considered by this Committee at its meeting held on 19 August and 23 September 2021 (see Minute references above).

 

The Assistant Director drew Members’ attention to an additional two objections that had been received which had been circulated, which cited existing drainage issues in proximity to the site and flooding affecting Falls Farm, stressing that this flooding would only be exacerbated by the proposed development.   

 

All other aspects of the application remained the same as to what had been submitted and considered by Committee on 19 August and 23 September 2021 respectively, with the exception of additional Heads of Terms which had been added to the Section 106 Legal Agreement by the developer, which included (i) the sum of £10,000.00p to be paid by the Owner to the Council as a contribution towards the provision of a real time information display at bus stop 21347 located on The Avenue; and (ii) the sum of £28,132.50p to be paid by the Owner to the Council as a contribution towards the cost of the provision of MetroCards to first Occupiers of each dwelling.  Subject to these additional conditions the Assistant Director recommended the application for approval.

 

The Council’s drainage engineer was also present at the meeting and stated given the previous reason for refusal that natural springs on the site could cause potential flooding,  a site visit had consequently found no evidence of natural springs on site and the Lead Local Flood Authority had therefore not raised any objection to the proposal, given that the proposed attenuation tanks would limit surface water run-off from the site and therefore would not  exacerbate the flooding in the area.  He also gave some additional technical details on how this assessment had been arrived at. On submission of a detailed drainage scheme by the applicant any additional measures that may be required will be looked at.

 

During questions a Member ascertained what the risks were to flooding elsewhere as a result of this development.  In response the drainage engineer stated that water run off would remain the same, however with the installation of attenuation tanks this run off could be better controlled and eventual flow from the site should improve.

 

In response to a question regarding why Spring Valley had been referenced and that this potentially referred to the presence of natural springs on the site, it was stated that springs referred to the trees in spring and not water.

 

In response to a question regarding traffic flows and narrowness of the road, it was stated by the Highways engineer that additional traffic created by the development could be accommodated within the existing road network.

 

In response to a question regarding the provision of play provision in the area, it was stated that  ...  view the full minutes text for item 48.