Agenda, decisions and minutes

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

All Members of the Committee were in attendance.

To approve the minutes of the meeting of the Committee held on 6th October 2022.

The minutes of the meeting of the Committee held on 6^th October 2023 were agreed as a correct record.

Resolved –

That the minutes of the meeting of the Committee held on 6^th October 2023 be agreed 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 Hall and Pinnock advised that they had been lobbied in respect of Application No.2022/91849.

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.

It was noted that all items were to be considered in public session.

To receive any public questions in accordance with Council Procedure Rule 11.

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 by no later than 5.00 p.m. (for phone requests) or 11:59 p.m. (for email requests) on Monday 31^st October 2022.   

To register, please email governance.planning@kirklees.gov.uk or phone Sheila Dykes or Andrea Woodside on 01484 221000 (Extension 73896).    

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.

Hybrid application for full planning permission for engineering works, drainage and utilities connection for the provision of site access from Forge Lane and Ravensthorpe Road and associated works; and for outline permission for erection of residential development and mixed use development (including community facilities) with associated works including the provision of internal estate roads and parking, landscape works (including provision of public open space, tree clearance/replacement/woodland management and ecological management) and sustainable urban drainage works drainage principles -Land to the south of Ravensthorpe Road / Lees Hall Road, Dewsbury.

(Estimated time of arrival at site – 10.00 a.m.)

Contact: Victor Grayson, Planning Services

Site visit undertaken.

Erection of enclosure of existing ménage - Bradshaw Road Stables, Bradshaw Road, Honley, Holmfirth.

(Estimated time of arrival on site: 11.30 a.m.)

Contact: William Simcock, Planning Services

Site visit undertaken.

Hybrid application for full planning permission for engineering works, drainage and utilities connection for the provision of site access from Forge Lane and Ravensthorpe Road and associated works; and for outline permission for erection of residential development and mixed use development (including community facilities) with associated works including the provision of internal estate roads and parking, landscape works (including provision of public open space, tree clearance/replacement/woodland management and ecological management) and sustainable urban drainage works drainage principles -Land to the south of Ravensthorpe Road / Lees Hall Road, Dewsbury.

Ward(s) affected: Dewsbury South

Contact : Victor Grayson, Planning Services

Approval delegated to Head of Planning and Development.

The Committee considered Application No. 2021/93689, a hybrid application for full planning permission for engineering works, drainage and utilities connection for the provision of site access from Forge Lane and Ravensthorpe Road and associated works; and for outline permission for erection of residential development and mixed use development (including community facilities) with associated works including the provision of internal estate roads and parking, landscape works (including provision of public open space, tree clearance/replacement/woodland management and ecological management) and sustainable urban drainage works drainage principles on land to the south of Ravensthorpe Road / Lees Hall Road, Dewsbury.

Under the provisions of Council Procedure Rule 36(3), the Committee received a representation from Councillor Jackie Ramsey.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Mr Hussain, Mr Kadu and Mr Ismail (local residents and users of Lees Hall Community Centre) and representatives of Lees Hall Playgroup.

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 report, as set out below:

Outline conditions

1.       Standard outline condition (approval of reserved matters prior to commencement).

2.       Standard outline condition (implementation in accordance with approved reserved matters).

3.       Standard outline condition (reserved matters submission time limit – within three years of outline approval).

4.       Standard outline condition (reserved matters implementation time limit – within two years of reserved matters approval).

5.       Development in accordance with plans and specifications.

6.       Completion of a Section 106 prior to commencement, securing:

•    20% affordable housing, and details including tenure split, locations, designs, unit size mix and delivery.

•       Off-site open space contribution to address shortfalls in specific open space typologies (if necessary).

•       Education and childcare contributions (to be reviewed at reserved matters stage when number of units is confirmed and full unit size mix is known).

•       Formula-based contribution towards off-site highway works at the Forge Lane / Station Road / Thornhill Road junction.

•       Contribution towards junction improvements at Calder Road / Huddersfield Road junction (£80,000).

•       Contribution towards monitoring of parking on Lees Hall Road and funding to enable additional “no waiting” restrictions (if necessary).

•       Sustainable Travel Fund contribution (£179,025).

•       Public transport improvement contribution.

•       Travel Plan monitoring contribution (£15,000).

•       Biodiversity net gain contribution (if necessary).

•       Drainage management and maintenance arrangements, and establishment of a HS61-wide drainage working group.

•       Agreement to enable adjacent development, and to not create and/or exploit ransom scenarios.

•    Arrangements for the establishment of a management company for the management and maintenance of any land not within private curtilages or adopted by other parties, including open space.

7.       Travel Plan (including residential and non-residential components) to be submitted.

8.       Flood risk and drainage – full scheme to be submitted.

9.       Separate systems of foul and surface water drainage to be provided.

10.      Ecological mitigation and enhancement details (including an Ecological Design Strategy, and measures to  ...  view the full minutes text for item 10.

Erection of enclosure of existing ménage - Bradshaw Road Stables, Bradshaw Road, Honley, Holmfirth.

Ward(s) affected: Holme Valley North

Contact: William Simcock, Planning Services

Refused.

The Committee considered Application No.2022/92355 in respect of the erection of an enclosure of an existing ménage at Bradshaw Road Stables, Bradshaw Road, Honley, Holmfirth.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Hamish Gledhill (agent) and Chris Charlesworth (in support).

Resolved –

That the application be refused for the following reasons:

The proposed development would constitute inappropriate development within the Green Belt since it would be the erection of a building which does not meet any of the exceptions in paragraph 149 of the National Planning Policy Framework. It would cause significant harm to the openness of the Green Belt and would undermine the purposes of including land within it, in particular paragraph 138(c), in that it would amount to an encroachment of built development into open countryside. It is considered that the benefits of the new building would not constitute “very special circumstances” that would clearly outweigh the harm to the Green Belt by reason of inappropriateness and harm to its openness.

A recorded vote was taken, in accordance with Council Procedure Rule 42 (5), as follows;

For: Councillors Armer, P Davies, S Hall and A Pinnock (4 votes)

Against: Councillors Pattison, Sokhal and Thompson (3 votes)

Variation of Condition 21 (highways and occupation) on previous permission 2016/92298 for outline application for re-development of former waste water treatment works following demolition of existing structures to provide employment uses (use classes B1(c), B2 and B8) - Former North Bierley Waste Water Treatment Works, Cliff Hollins Lane, Oakenshaw.

Ward(s) affected: Cleckheaton

Contact: Nick Hirst

Approval delegated to the Head of Planning and Development.

The Committee considered Application No.2022/91849 in respect of a variation of Condition 21 (highways and occupation) on previous outline permission 2016/92298 for the re-development of former waste water treatment works following demolition of existing structures to provide employment uses (use classes B1(c), B2 and B8) at the former North Bierley Waste Water Treatment Works, Cliff Hollins Lane, Oakenshaw.

Under the provisions of Council Procedure Rule 37, the Committee received a representation from James Hicks (the agent).

RESOLVED –

1)    That approval of the application and issue of the decision notice be delegated to the Head of Planning and Development in order to:

a)    complete the list of conditions, including those contained within the report, as set out below:

1.       Reserved matters to be submitted prior to commencement

2.       Reserved matters to be submitted to the Local Planning Authority and carried out per plans

3.       Reserved matters time limit for submission

4.       Reserved matters time limit to commence

5.       Phasing plan to be submitted

6.       Biodiversity Enhancement and Management Plan to be submitted

7.       Construction Ecology Management Plan to be submitted

8.       Construction Environment Management Plan to be submitted

9.       Lighting Design Strategy for Biodiversity to be submitted

10.      Sewer easement

11.      Access to Moorend combined sewer overflow and syphon sewer details

12.      Separate foul and surface water required

13.      Drainage details to be submitted

14.      Outfall details to be provided

15.      Development done in accordance with Flood Risk Assessment

16.      Coal working site investigations

17.      Layout and landscape reserved matters to include consideration of coal working investigations

18.      Layout and landscape reserved matters to include Arboricultural Survey and Method Statements

19.      Layout and landscape reserved matters to include treatment of PROW on site

20.      Limiting floorspace constructed to 17,642m2 until given highway works are approved or Highway England works undertaken

21.      No more than 21,882m² of floorspace shall be occupied and come into use until either:

a. the highways works on the Bradford Road approach to M62 Junction 26 Chain Bar, identified in Condition 20) a) are implemented and open to traffic to Kirklees Council’s approval in consultation with Highways England; or

b. the improvement scheme to remove M62 westbound to M606 northbound traffic from the M62 Junction 26 Chain Bar roundabout circulatory carriageway is implemented by Highways England

22.      Development restricted to the areas shown on plateau plan

23.      Reserved matters shall include a ‘Residual Uncertainty Assessment’ in relation to flood risk

24.      Reserved matters to include surface water disposal strategy

25.      Before occupation, SUDS features management, maintenance, and adoption to be submitted

26.      Temporary surface water details to be provided

27.      Prior to occupation, confirmation of highway works to be provided (improvements to Mill Carr Hill Road and Cliff Hollins Lane)

28.      Fixed mechanical services and plan to be noise controlled.

29.      Layout and landscape reserved matters to include noise attenuation

30.      Unexpected contamination procedure

31.      Layout and landscape reserved matters to include low emission and charging point details

32.      Limitation on B2 and total floor  ...  view the full minutes text for item 12.

Temporary siting of Dewsbury Market - Foundry Street/Market Place/Longcauseway/Town Hall Way, Dewsbury.

Ward(s) affected: Dewsbury East

Contact: Callum Harrison, Planning Services

Approval delegated to the Head of Planning and Development.

The Committee considered Application No.2022/92308 relating to the temporary siting of Dewsbury Market on Foundry Street/Market Place/ Longcauseway/Town Hall Way, Dewsbury.

Under the provisions of Council Procedure Rule 37, the Committee received representations from David Staniland (agent) and Karen Roche (Markets Manager).

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 report, as set out below:

1.       In accordance with the approved plans.

2.       Development to begin within 3 years.

3.       Pre-commencement condition for the submission of hostile vehicle mitigation measures.

4.       Hours of operation between 07:00 until 19:00.

5.       Temporary permission for 3 years, beginning from when the Local Planning Authority are notified in writing.

6.       Site to be reinstated as before development within 6 months from the use ceasing.

7.       The development shall be carried out in accordance with the submitted flood risk assessment.

8.       Details of the shutters and locks to secure the containers to be provided.

9.       Details of the fencing to secure the rear of containers 23-26 and 31-35 to be provided.

10.      Submission of waste management plan, including details of the bin storage.

11.      Details of any modifications to the highway, including pavements to be submitted.

A recorded vote was taken, in accordance with Council Procedure Rule 42 (5), as follows:

For: Councillors Armer, P Davies, S Hall, Pattison, Pinnock, Sokhal and Thompson (7 votes)