Agenda, decisions and minutes

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

All members were present.

To approve the Minutes of the meeting of the Committee held on 18 November 2021.

The minutes of the meeting held on 18 November 2021 were approved as a correct record.

The minutes of the meeting held on 18 November 2021 were 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.

Councillor A Pinnock declared that he had been lobbied on application 2021/92801.

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.

To receive any public questions.

 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.

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.

Erection of extension to vehicle workshop, engineering operations to excavate and regrade land, formation of extensions to car park and external yard areas, erection of 2.4m high security fencing, external lighting and temporary construction access MAC's Truck Sales Ltd, Crosland Road, Lindley, Huddersfield.

(Estimated time of arrival at site 10:45 am).

Contact Officer: RichardA Gilbert, Planning Services.

Ward(s) affected: Lindley

Site visit undertaken.

Partial redevelopment of Greenhead college including demolition and making good, erection of 2 and 4 storey buildings, reconfiguration of parking and access arrangements, reconfiguration of sports provision and other associated external works (Within a Conservation Area) Greenhead College, Greenhead Road, Huddersfield.

(Estimated time of arrival at site 11:10 am)

Contact officer: Nick Hirst, Planning Services

Ward(s) affected: Greenhead

Site visit undertaken.

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 13 December 2021.

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

Please note that measures will be in place to adhere to COVID secure rules, including social distancing requirements. This will mean that places will be limited

Members of the public who are unable to attend in person will be able address the Committee virtually.

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.

Consideration of the following applications took place.

Erection of 287 dwellings with associated works and access from Hunsworth Lane and Kilroyd Drive Land at, Merchant Fields Farm, off Hunsworth Lane, Cleckheaton.

Contact Officer: Victor Grayson, Planning Services.

Ward(s) affected: Cleckheaton.

Deferred.

The Committee gave consideration to Planning Application 2021/92801 Erection of 287 dwellings with associated works and access from Hunsworth Lane and Kilroyd Drive Land at, Merchant Fields Farm, off Hunsworth Lane, Cleckheaton.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from Mr Rankin, John Mason and Doreen Sugden (objectors), Rachel Flounders and Suzanne Mansfield (on behalf of the applicant).

Under the provisions of Council Procedure Rule 36 (3) the Sub Committee received representations from Councillors Kath Pinnock and John Lawson (ward members).

RESOLVED –

That consideration of the application be deferred for the following reasons:

1.     To allow an opportunity for officers and the applicant to review the layout and mix of housing type to further reduce the dominance of the number of 4 bedroom detached dwellings.

2.     To receive details of where the existing 85m stretch of translocated hedgerow would be replanted.

3.     To allow officers to provide fully worded details covering all the conditions.

4.     To receive more detail on the outstanding issues at the application stage with less deferred to the conditions stage.

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

For: Councillors: Bellamy, Greaves, A Pinnock, Sokhal, Thompson and S Hall (6 votes)

Against: Councillor Pattison (1 vote).

Partial redevelopment of Greenhead college including demolition and making good, erection of 2 and 4 storey buildings, reconfiguration of parking and access arrangements, reconfiguration of sports provision and other associated external works (Within a Conservation Area) Greenhead College, Greenhead Road, Huddersfield.

Contact officer: Nick Hirst, Planning Services

Ward(s) affected: Greenhead

Delegate to the Head of Planning and Development to approve as detailed in the considered report subject to an amendment to condition 4 to restrict the hours of use of the playing pitch at weekends from 9am to 3pm.

The Committee gave consideration to Planning Application 2021/93674 Partial redevelopment of Greenhead college including demolition and making good, rection of 2 and 4 storey buildings, reconfiguration of parking and access arrangements, reconfiguration of sports provision and other associated external works (Within a Conservation Area) Greenhead College, Greenhead Road, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from Simon Lett, Grant Sellars and John Blake (on behalf of the applicant).

RESOLVED –

Delegate approval of the application and the issuing of the decision notice to the Head of Planning and Development in order to complete the list of conditions including those contained within the considered report including:

1. Three years to commence development.

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

3. Condition for the community use of the playing pitch

4. Hours of use for the pitch (Monday – Friday 0830 to 2030, Weekends – 0900 to 1300)

5. Development done in accordance with Energy & Sustainability Statement.

6. Method statement to show how the external walls of the old school building would be cleaned, repaired and pointed following demolition.

7. Material samples to be submitted

8. Odour report technical points clarification

9. Fats, oils, and grease prevention scheme

10. Noise impact assessment, with amendments to address comments, submitted and implemented.

11. Lighting strategy, with amendments to address comments.

12. Construction Environmental Management Plan (CEMP) to be provided.

13. Limit site to 2,600 students and 185 staff (full time equivalent).

14. Buildouts and sight lines at Greenhead Road and Park Avenue accesses to be provided and secured.

15. Construction Management Plan (CMP) to be provided.

16. Applicant’s travel plan to be implemented

17. Waste storage / collection areas to be provided and retained.

18. Provision of 66 cycle spaces.

19. Delivery strategy, phased with temporary spaces if required, of all 157 parking spaces to be provided and retained.

20. Coal Authority ground investigation and remediation conditions

21. Environmental Health ground contamination investigation conditions

22. Provision of the proposed Electric Vehicle Charing Points (EVCP)

23. No vegetation clearance in bird breeding season without survey

24. Provision of Biodiversity Enhancement Management Plan (BEMP), to provide and maintain 10% net gain minimum

25. Full technical details on foul, surface water and land drainage to be provided.

26. Management and maintenance of drainage infrastructure.

27. Details of temporary surface water drainage arrangements during

construction

28. Development in accordance with Arboricultural Method Statement.

29. Notwithstanding the submitted plans, landscaping plan minus invasive species to be submitted and ongoing maintenance details.

An amendment to condition 4 to restrict the hours of use of the playing pitch at weekends from 9am to 3pm.

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

For: Councillors: Bellamy, Greaves, Pattison, A Pinnock, Sokhal, Thompson and S Hall (7 votes)

Against: (0 votes).

Variation of Condition 30 (Restoration Scheme) of previous permission 2000/90671 for the extension of Carr Hill Quarry including the extraction of sandstone and clay, associated ancillary activities and its restoration by means of infill with inert wastes, consolidating permission 1987/05723 Extension of a disused quarry for winning minerals and subsequent backfilling with approved inert waste Carr Hill Quarry, Barnsley Road, Shepley, Huddersfield.

Contact Officer: Farzana Tabasum, Planning Services.

Ward(s) affected: Denby Dale

Refused in line with the reasons detailed in the considered report.

The Committee gave consideration to Planning Application 2021/91826 Variation of Condition 30 (Restoration Scheme) of previous permission 2000/90671 for the extension of Carr Hill Quarry including the extraction of sandstone and clay, associated ancillary activities and its restoration by means of infill with inert wastes, consolidating permission 1987/05723 Extension of a disused quarry for winning minerals and subsequent backfilling with approved inert waste Carr Hill Quarry, Barnsley Road, Shepley, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received a representation from Chris Ballam (Agent).

RESOLVED –

That the application be refused in line with the following reason outlined in the

considered report:

The proposed revision to the previously-approved restoration scheme includes the introduction of an engineered retaining structure and the retention of a level area, which would harm the visual amenities of the site and its context, would detract from local landscape character, would have an urbanising effect on the site and its surroundings, would result in development encroaching into the countryside, would result in built-up sprawl in the green belt, would fail to preserve the openness of the green belt, and would conflict with the purpose of including the land within the green belt. The proposed soft landscaping would not mitigate the harmful impact of the proposal. The proposal does not fall under any of the exceptions listed under paragraphs 149 and 150 of the NPPF. The proposal is, by definition, inappropriate development in the green belt, and very special circumstances (which clearly outweigh this inappropriateness and other harm) have not been demonstrated. The proposal is therefore contrary to policies LP32 and LP37 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: Greaves, Pattison, A Pinnock, Sokhal and S Hall (5 votes)

Against: Councillors: Bellamy and Thompson.

Infill of land and formation of access and turning facilities, temporary fence and restoration to agricultural use Land North West, Hog Close Lane, Holmfirth.

Contact Officer: Farzana Tabasum, Planning Services.

Ward(s) affected: Holme Valley South

Refused in line with the reasons detailed in the considered report.

The Committee gave consideration to Planning Application 2018/93676 Infill of land and formation of access and turning facilities, temporary fence and restoration to agricultural use Land North West, Hog Close Lane, Holmfirth.

Under the provisions of Council Procedure Rule 37 the Sub Committee received a representation from Chris Ballam (Agent).

Under the provisions of Council Procedure Rule 36 (3) the Sub Committee received a representation from Councillor Donald Firth (ward member).

RESOLVED –

That the application be refused in line with the following reason outlined in the

considered report:

The Council has sufficient landfill capacity in the district for meeting the needs of Construction, Demolition and Excavation waste. The submitted information fails to sufficiently demonstrate and justify that there is a proven need for additional landfill capacity for this type of waste, contrary to Kirklees Local Plan Policy LP46.

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

For: Councillors: Greaves, Pattison, A Pinnock, Sokhal and S Hall (5 votes).

Against: Councillor Bellamy (1 vote).

Erection of extension to vehicle workshop, engineering operations to excavate and regrade land, formation of extensions to car park and external yard areas, erection of 2.4m high security fencing, external lighting and temporary construction access MAC's Truck Sales Ltd, Crosland Road, Lindley, Huddersfield.

Contact Officer: RichardA Gilbert, Planning Services.

Ward(s) affected: Lindley.

Delegate to the Head of Planning and Development to approve as detailed in the considered report.

The Committee gave consideration to Planning Application 2021/91700 Erection of extension to vehicle workshop, engineering operations to excavate and regrade land, formation of extensions to car park and external yard areas, erection of 2.4m high security fencing, external lighting and temporary construction access MAC's Truck Sales Ltd, Crosland Road, Lindley, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received a representation from Richard Irving (Agent).

RESOLVED –

Delegate approval of the application and the issuing of the decision notice to the Head of Planning and Development in order to complete the list of conditions including those contained within the considered report including:

1. Three years to commence development.

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

documents.

3. Submission of a Construction (Environmental) Management Plan. (Pre-commencement)

4. Car park surfacing to be implemented prior to use of development.

5. Highway retaining structure details (Pre-commencement)

6. Submission of foul and surface water drainage details (Pre-commencement)

7. Submission of temporary drainage details (Pre-commencement)

8. No piped discharge of surface water until satisfactory outfalls agreed

9. Southern hard-standing area to be restricted to the parking of personal vehicles only (i.e. not Heavy Goods Vehicles)

10. Coal Mining Intrusive Site Investigations (Pre-commencement)

11.Coal Mining Investigation report prior to the development being brought into

use.

12.Phase 2 Contaminated Land Site Investigation Report (Pre-commencement)

13.Remediation Strategy works and potential for revision subject to site discovery.

14.Remediation Strategy submission and implementation and conducted by a suitably competent person as well as submission of a validation report.

15. Noise Assessment (Pre-commencement)

16.Lighting Scheme including PROW illumination

17.Electric Vehicle Charging Points

18.Archaeology Written Scheme of Investigation (Pre-commencement)

19. Protective Archaeological Fencing (Pre-commencement)

20.Temporary Access and Archaeological Investigation

21.Nesting Bird Protection

22.Submission of a Biodiversity Enhancement and Management Plan

23.Approved landscaping scheme details, Landscaping implementation timescale (within the planting season following completion of development) and 5 year maintenance period

24.Development to be constructed of matching materials.

25.Boundary wall details

26.Operation management plan with a focus on reducing unnecessary air pollution.

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

For: Councillors: Bellamy, Greaves, Pattison, A Pinnock, Sokhal and S Hall (6 votes)

Against: (0 votes).

Change of use from former petrol filling station, car and van repairs/part sales and car sales pitch to hot food take-away (sui generis) Crown Motors, Waterloo Road, Waterloo, Huddersfield.

Contact Officer: William Simcock, Planning Services.

Ward(s) affected: Dalton.

Delegate to the Head of Planning and Development to approve as detailed in the considered report subject to additional condition for an Operational Management Plan for Highway safety reasons requiring site and operations to be monitored.

The Committee gave consideration to Planning Application 2021/91172 Change of use from former petrol filling station, car and van repairs/part sales and car sales pitch to hot food take-away (sui generis) Crown Motors, Waterloo Road, Waterloo, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from David Colley, Nick Willock and Simon Docherty (in support).

Under the provisions of Council Procedure Rule 36 (3) the Sub Committee received a representation from Councillor Musarrat Khan (ward member).

RESOLVED –

Delegate approval of the application and the issuing of the decision notice to the Head of Planning and Development in order to complete the list of conditions including those contained within the considered report including:

1. Development commences within 3 years.

2. Development to be in full accordance with plans and specifications.

3. Areas for parking to be provided, marked and thereafter retained.

4. Signage (as detailed in the highways statement) installed and thereafter retained.

5. Hours of use to be 8am-10:30pm Sun-Thurs, 8am-11pm Fridays and Saturdays.

6. Noise survey to be submitted and approved before the use commences.

7. Details of ventilation system to be submitted and approved before use commences.

8. No external lighting to be installed other than in accordance with an approved scheme.

9. CCTV scheme submitted and approved before the use commences.

10. Minimum of 2 electric charge points, one for delivery vehicles and one for staff.

11. Details of external works showing how the building is to be made good after

demolition.

An additional condition for an Operational Management Plan for Highway safety reasons requiring site and operations to be monitored.

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

For: Councillors: Bellamy, Greaves, Pattison, A Pinnock and S Hall (5 votes).

Against: Councillor Sokhal (1 vote).