Agenda, decisions and minutes

To receive any apologies for absence, or details of substitutions to Committee membership.

Councillor Mahmood Akhtar substituted for Councillor Carole Pattison.

To approve the Minutes of the meeting of the Committee held on 27 January 2021.

RESOLVED – That the minutes of the meeting of the Committee held on 21 January 2021 be approved as a correct record.

Committee Members will advise (i) if there are any items on the Agenda upon which they have been lobbied and/or (ii) if there are any items on the Agenda in which they have a Disclosable Pecuniary Interest, which would prevent them from participating in any discussion or vote on an item, or any other interests.

Councillors Bellamy, Hall, Patrick, Andrew Pinnock, Sokhal and Walker advised that they had been lobbied in relation to Application 2019/91467.

Councillors Bellamy and Patrick advised that they had been lobbied in relation to Application 2019/91105.

Councillor Hall advised that he had been lobbied in relation to Applications 2018/92647 and 2020/20447.

Most agenda items will be considered in public session, however, it shall be advised whether the Committee will consider any matters in private, by virtue of the reports containing information which falls within a category of exempt information as contained at Schedule 12A of the Local Government Act 1972.

All items on the agenda were taken in public session.

Due to current Covid-19 restrictions, Members of the Public may submit written questions to the Committee. Questions should be emailed to governance.planning@kirklees.gov.uk no later than 10.00am on Tuesday 23^rd February 2021.

In accordance with:

-       Council Procedure Rule 11 (3), questions regarding the merits of applications (or other matters) currently before the Council for determination of which the Council is under a duty to act quasi judicially shall not be answered.

-       Council Procedure Rule 11 (5), the period for the asking and answering of public questions shall not exceed 15 minutes.

-       Council Procedure Rule 51(10) any person may submit up to a maximum of 4 written questions.

No questions were asked.

The Committee will receive any petitions and hear any deputations from members of the public. A deputation is where up to five people can attend the meeting and make a presentation on some particular issue of concern. A member of the public can also hand in a petition at the meeting but that petition should relate to something on which the body has powers and responsibilities.

In accordance with Council Procedure Rule 10 (2), Members of the Public should provide at least 24 hours’ notice of presenting a deputation.  

No deputations or petitions were received.

The Planning Committee will consider the attached schedule of Planning Applications.   

Please note that any members of the public who wish to speak at the meeting must register to speak by 5.00pm (for phone requests) or 11:59pm (for email requests) by no later than Monday 22^nd February 2021.   

To pre-register, please email governance.planning@kirklees.gov.uk or phone Sheila Dykes, Richard Dunne or Andrea Woodside on 01484 221000 (Extension 73896 / 74995 / 74993).    

As this is a virtual meeting please include in your email the telephone number that you intend to use when addressing the Committee. You will receive details on how to speak at the meeting in your acknowledgement email.      

Please note that in accordance with the council’s public speaking protocols at planning committee meetings verbal representations will be limited to three minutes.    

An update, providing further information on applications on matters raised after the publication of the Agenda, will be added to the web Agenda prior to the meeting.

Erection of 30 dwellings - Former Stile Common Infant & Nursery School, Plane Street, Newsome, Huddersfield.

Contact: Nick Hirst

Ward(s) affected: Newsome

Delegate approval of the application and issue of the decision notice to the Head of Planning and Development.

The Committee considered Planning Application 2020/92067 relating to the erection of 30 dwellings at the former Stile Common Infant and Nursery School, Plane Street, Newsome, Huddersfield.

RESOLVED –

That approval of the application and issue of the decision notice be delegated to the Head of Planning and Development, in order to complete the list of conditions, including those contained within the Committee report, as set out below:

1.    Three years to commence development.

2.    Development to be carried out in accordance with the approved plans and specifications.

3.    Securing use of proposed materials and the submission of roofing samples.

4.    Notwithstanding submitted details, full boundary treatment plan to be submitted, to include fencing set behind retaining wall and railing retained.

5.    Final site levels to be agreed.

6.    Technical details of Plane Street and new road.

7.    Parking spaces proposed to be provided and retained.

8.    Provision of bin-storage and details of screening.

9.    Construction Management Plan (CMP).

10.Highway condition survey.

11.Sightline secured as per plan.

12.Submission of cycle storage details, and implementation.

13.Charging points, one per dwelling.

14.Contaminated Land (Remediation).

15.Contaminated Land (Validation).

16.Construction (Environmental) Management Plan (C(E)MP).

17.Temporary drainage strategy during construction period.

18.Submission of technical drainage strategy.

19.Ecological Design Strategy to be submitted, approved and implemented.

20.Ecological Lighting Strategy to be submitted, approved and implemented.

21.Landscaping scheme, to include replacement tree replanting.

22.Submission and implementation of Arboricultural Method Statement.

and to secure a Section 106 agreement to cover the following matters:

1.    Affordable Housing: 30 units (all) for affordable rent, with the stipulation that 100% of units are to be retained as affordable housing in perpetuity.

2.    Open Space: off-site contribution of £42,667 to address shortfalls in specific open space typologies.

3.    Ecology: contribution (£88,481) towards off-site measures to achieve biodiversity net gain.

4.    Management: the establishment of management and maintenance arrangements of any land not within private curtilages or adopted by other parties, and of infrastructure (including surface water drainage until formally adopted by the statutory undertaker).

In the circumstances where the Section 106 agreement has not been completed within 3 months of the date of the Committee’s resolution then the Head of Planning and Development shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Head of Planning and Development be authorised to determine the application and impose appropriate reasons for refusal under delegated powers.

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows;

For: Councillors Akhtar, Bellamy, Hall, Patrick, Andrew Pinnock, Sokhal and Walker (7 votes)

Hybrid Planning Application for mixed use development - retail/office and 239 residential units (Use Classes C3/A1/A3/B1a). Full Planning permission for the partial demolition of the former Kirklees College, erection of a food retail store with residential above and erection of two mixed use (retail/residential) buildings, alterations to convert grade ll* listed building to offices and creation of vehicular access from Portland Street, New North Road and Trinity Street. Outline application for erection of four buildings mixed use (residential/office) (Listed Building within a Conservation Area) - Former Kirklees College, New North Road, Huddersfield.

Contact: David Wordsworth

Ward(s) affected: Newsome

Delegate approval of the application and issue of the decision notice to the Head of Planning and Development.

The Committee considered Planning Application 2018/92647, a hybrid application for mixed use development of retail/office and 239 residential units (Use Classes C3/A1/A3/B1a) at the former Kirklees College, New North Road, Huddersfield. Full planning permission for the partial demolition of the former Kirklees College, erection of a food retail store with residential above, erection of two mixed use (retail/residential) buildings, alterations to convert Grade II* listed building to offices and creation of vehicular access from Portland Street, New North Road and Trinity Street. Outline application for erection of four buildings mixed use (residential/office) (Listed Building within a Conservation Area).

Under the provisions of Council Procedure Rule 37, the Committee received a representation from Richard Irving (in support).

Under the provisions of Council Procedure Rule 36 (3) the Committee received a representation from Councillor Susan Lee-Richards. 

RESOLVED –

(1) That, subject to a review of the design of the food retail store and the imposition of a condition to require the use of natural stone to all elevations of this building, approval of the application and issue of the decision notice be delegated to the Head of Planning and Development in order to complete the list of conditions, including those contained within the Committee report and the update, as set out below:

Full Permission

1.    Time scale for implementation (three years).

2.    Development to be carried out in accordance with approved plans.

3.    Detailed scheme for the conversion Listed Building works (scope of repair and refurbishment).

4.    Approval of samples and details of materials for existing and proposed windows and doors and flooring etc.

5.    Details of fire escapes, replacement ironmongery, fixtures and fittings.

6.    Method statement for stone cleaning.

7.    Details of curtain walling system.

8.    A landscaping plan use of natural stone setts, flags and walling.

9.    Retail store - samples to be submitted walling and roofing materials along with a sample panel of the external masonry, coursing and pointing.

10.Boundary treatments and landscaping scheme.

11.Full Travel Plan required to be submitted.

12.Details to be submitted of highway works required to site frontage.

13.Details to be submitted of surfacing and draining of car parks.

14.Method storage/collection of waste.

15.Details to be submitted subway lighting improvements.

16.Stage 1 safety audit to be submitted.

17.Details to be submitted - closure of existing access points onto highway.

18.Development in accordance with the Bat Survey Report.

19.Ecological Design Strategy (EDS) to be submitted.

20.Hours open for customers and deliveries and dispatches.

21.Details of noise from fixed plant and equipment.

22.Noise Management Plan – Condition.

23.Construction Environmental Management Plan – Condition.

24.Land contamination -conditions.

25.Electric Vehicle Charging Points.

26.Details of external lighting to be submitted.

27.DR01 Drainage Details Scheme - details of foul, surface water and land drainage.

28.DR02 Watercourse Management -intrusive investigation.

29.Surface Water Attenuation Scheme- restricting the rate of surface water.

30.DR08 There shall be no discharge of foul fats oils and  ...  view the full minutes text for item 9.

Erection of 67 dwellings with associated access and parking - Land south of Granny Lane, Mirfield.

Contact: Kate Mansell

Ward(s) affected: Mirfield

Application refused.

The Committee considered Planning Application 2019/91467 in relation to the erection of 67 dwellings with associated access and parking on land to the south of Granny Lane, Mirfield.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Helen Butler, Cheryl Tyler, Veronica Maher, Andy Kirby, Frances Thompson, Leanne McConnell, Katherine Hall, Keelan Sarjeant, Ian Woolin, Lynda Auty, Mark Eastwood MP, Councillor Martyn Bolt on behalf of Mirfield Town Council (in objection); Geoff Bowman, Ross Oakley and Jonathan Dunbavin (in support).

Under the provisions of Council Procedure Rule 36 (3) the Committee received representations from Councillors Martyn Bolt and Vivien Lees-Hamilton.

RESOLVED –

That the application be refused on the grounds that the position of part of the main vehicular and pedestrian access and egress into the site within Flood Zone 3 would result in the failure of the scheme to deliver safe access and escape routes for all future occupiers of the development at all times. 

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows;

For: Councillors Akhtar, Bellamy, Hall, Patrick and Sokhal (5 votes)

Against: Councillors Andrew Pinnock and Walker (2 votes).

Outline application for erection of residential development, including means of access to the site north of Old Bank Road, Mirfield (63 dwellings) - Land off Old Bank Road, Mirfield.

Contact: Adam Walker

Ward(s) affected: Mirfield

Application refused.

The Committee considered Planning Application 2019/91105 relating to outline permission for the erection of residential development, including means of access to the site, on land to the north of Old Bank Road, Mirfield (63 dwellings).

Under the provisions of Council Procedure Rule 36 (3) the Committee received a representation from Councillor Martyn Bolt. 

RESOLVED –

That the application be refused for the following reason:

Having regard to the legacy of the historic uses of the site, the information submitted with the application does not demonstrate that the site can be safely developed for housing and that development could proceed without unduly prejudicing the safety and amenity of adjacent properties. The application is contrary to Policy LP53 of the Kirklees Local Plan and guidance in the National Planning Policy Framework.

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows;

For: Councillors Akhtar, Bellamy, Hall, Patrick, Andrew Pinnock, Sokhal and Walker (7 votes)

Discharge of Conditions 14 (affordable housing), 15 (public open space) and 16 (education) of previous permission 2018/91119 for outline application for erection of residential development - Rear of 11 Holme Avenue, Dalton, Huddersfield.

Contact: Adam Walker

Ward(s) affected: Almondbury

Delegate approval of the application and issue of the decision notice to the Head of Planning and Development.

The Committee considered Planning Application 2020/91813 in relation to the discharge of Conditions 14 (affordable housing), 15 (public open space) and 16 (education) of Permission 2018/91119; an outline application for the erection of residential development to the rear of 11 Holme Avenue, Dalton, Huddersfield.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Steve Riddles (in objection) and Tom Cook (in support).

Under the provisions of Council Procedure Rule 36 (3) the Committee received a representation from Councillor Alison Munro. 

RESOLVED –

That approval of the application to discharge Conditions 14,15 and 16 of Permission 2018/91119 be delegated to the Head of Planning and Development, subject to a Section 106 agreement to secure the provision of two starter homes on the site.

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows;

For: Councillors Akhtar, Bellamy, Hall, Patrick, Andrew Pinnock, Sokhal and Walker (7 votes)

Pre-application for industrial development- Land off Lindley Moor Road, Lindley, Huddersfield.

Contact: Adam Walker

Ward(s) affected: Lindley

Noted.

The Committee received a pre-application enquiry report 2020/20447, in respect of a proposed industrial development at land off Lindley Moor Road, Lindley, Huddersfield.

Under the provisions of Council procedure Rule 37, the Committee received representations from David Storrie and Matt Robinson (on behalf of the applicant).

Members asked questions in respect of:

·       Potential for the inclusion of a doctor’s surgery.

·       The potential impact on the amenity of the existing residential properties adjacent to the south east corner of the site.

RESOLVED –

That the contents of the pre-application report be noted.

.