Agenda, decisions and draft minutes

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

Councillor Anwar substituted for Councillor P Davies and Councillor Gregg substituted for Councillor Armer.

To approve the minutes of the meeting of the Committee held on 3^rd November 2022.

Resolved – That the minutes of the meeting of the Committee held on 3^rd November 2022 be approved as a correct record.

Resolved – That the minutes of the meeting of the Committee held on 3^rd November 2022 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 Gregg, Hall, Pattison, Pinnock, Sokhal and Thompson advised that they had been lobbied in respect of Applications 2020/92331 and 2020/92350.

Councillors Hall, Pinnock and Sokhal advised that they had been lobbied in respect of Application 2020/92307.

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.

Outline application, including the consideration of access, for erection of residential development (up to 75 units) - Penistone Road/, Rowley Lane, Fenay Bridge, Huddersfield.

(Estimated time of arrival on site: 9:50 a.m. 6/12/22)

Contact: Nick Hirst, Planning Services

Site visit undertaken.

Outline planning application for demolition of existing dwellings and development of phased, mixed use scheme comprising residential development (up to 1,354 dwellings), employment development (up to 35 hectares of B1(part a and c), B2, B8 uses), residential institution (C2) development (up to 1 hectare), a local centre (comprising A1/A2/A3/A4/A5/D1 uses), a 2 form entry primary school including early years provision, green space, access and other associated infrastructure (amended and further information received) - Land east of Leeds Road, Chidswell, Shaw Cross, Dewsbury.

Ward(s) affected: Batley East and Dewsbury East

Contact: Victor Grayson, Planning Services

Subject to the Secretary of State not calling in the application, approval of the application delegated to the Head of Planning and Development.

The Committee considered Application 2020/92331, an outline planning application for the demolition of existing dwellings and development of a phased, mixed use scheme comprising residential development (up to 1,354 dwellings), employment development (up to 35 hectares of B1(part a and c), B2, B8 uses), residential institution (C2) development (up to 1 hectare), a local centre (comprising A1/A2/A3/A4/A5/D1 uses), a 2 form entry primary school including early years provision, green space, access and other associated infrastructure (amended and further information received) on land east of Leeds Road, Chidswell, Shaw Cross, Dewsbury.

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

Under the provisions of Council Procedure Rule 37, the Committee received representations from Mark Eastwood MP, Duncan Smith, Sally Naylor, Duncan Mounsey and Sandy Mounsey (local residents/Chidswell Action Group) and Nolan Tucker (on behalf of the applicant).

Resolved -

1)   That, subject to the Secretary of State not calling in the application, 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 and the update, as set out below:

1)       Standard outline condition (approval of reserved matters prior to commencement, including allowance for an infrastructure-only reserved matters application to be submitted).

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

3)       Standard outline condition (reserved matters submission time limits – first reserved matters application to be submitted within three years of outline approval, last to be submitted within 12 years).

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)        Details of phasing to be submitted.

7)        Floorspace of employment element to comprise a maximum of 65% B8 use and a maximum of 50% B1c and B2 uses, and all B1a floorspace to be ancillary to a B1c, B2 and/or B8 use.

8)        Floorspace of the local centre to include no more than 500sqm of A1 use.

9)        D1 floorspace within the local centre shall not be used as a museum or exhibition hall.

10)      Implementation of a traffic mitigation scheme at the Shaw Cross junction when required, in accordance with details (including road safety audits and arrangements for implementation under Section 278) to be submitted.

11)      Implementation of other junction improvement schemes when required, in accordance with details (including road safety audits and arrangements for implementation under Section 278) to be submitted.

12)      Submission of interim and final details of spine road (including road safety audits and arrangements for implementation under Section 38), and subsequent implementation.

13)      Submission of interim and final details of Leeds Road and Chidswell Lane site entrances (including road safety audits and arrangements for implementation under Section 278), and subsequent implementation.

14)      Primary school to be provided (or alternative provision made) prior to occupation of more than 700 dwellings.

15)  ...  view the full minutes text for item 8.

Outline application for residential development (Use Class C3) of up to 181 dwellings, engineering and site works, demolition of existing property, landscaping, drainage and other associated infrastructure (amended and further information received) - Land south of Heybeck Lane, Chidswell, Shaw Cross, Dewsbury.

Ward(s) affected: Batley East

Contact: Victor Grayson, Planning Services

Subject to the Secretary of State not calling in the application, approval of the application delegated to the Head of Planning and Development.

The Committee considered Application 2020/92350, an outline application for residential development (Use Class C3) of up to 181 dwellings, engineering and site works, demolition of existing property, landscaping, drainage and other associated infrastructure (amended and further information received) on land south of Heybeck Lane, Chidswell, Shaw Cross, Dewsbury.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Mark Eastwood MP, Duncan Smith, Sally Naylor, Duncan Mounsey and Sandy Mounsey (local residents/Chidswell Action Group) and Nolan Tucker (on behalf of the applicant).

Resolved –

1)   That, subject to the Secretary of State not calling in the application, 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 and the update, as set out below:

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 limits – first reserved matters application to be submitted within three years of outline approval, last to be submitted within five years).

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)       Details of phasing to be submitted.

7)       Implementation of junction improvement schemes when required, in accordance with details (including road safety audits and arrangements for implementation under Section 278) to be submitted.

8)       Submission of interim and final details of Heybeck Lane site entrance (including road safety audits and arrangements for implementation under Section 278), and subsequent implementation.

9)       Assessment of potential for decentralised energy scheme to be carried out prior to submission of Reserved Matters applications.

10)     Flood risk and drainage – full site-wide scheme to be submitted.

11)     Flood risk and drainage – detailed drainage proposals to be submitted for each parcel / phase.

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

13)     Ecological mitigation and enhancement details (including an Ecological Design Strategy, measures to address impacts on birds including ground-nesting farmland birds), and details of mitigation and delivery measures to be submitted.

14)     Air quality mitigation measures to be submitted.

15)     Further noise assessment and mitigation measures to be submitted.

16)     Contaminated land – phase II intrusive site investigation report to be submitted.

17)     Contaminated land – remediation strategy to be submitted.

18)     Contaminated land – remediation strategy to be implemented.

19)     Contaminated land – validation report to be submitted.

20)     Coal mining legacy – details of intrusive site investigation (and, where necessary, remediation) to be submitted.

21)     Archaeological site investigation.

22)     Site-wide placemaking strategy to be submitted prior to Reserved Matters applications, and to include design principles, coding and other arrangements to ensure high quality, co-ordinated development that appropriately responds to existing guidance including Housebuilders Design Guide Supplementary Planning Document.

23)     Bus stop infrastructure audit and improvement plan  ...  view the full minutes text for item 9.

Outline application, including the consideration of access, for erection of residential development (up to 75 units) - Penistone Road/, Rowley Lane, Fenay Bridge, Huddersfield.

Ward(s) affected: Almondbury

Contact: Nick Hirst, Planning Services

Application approved (delegated).

The Committee considered Application 2020/92307, an outline application, including the consideration of access, for the erection of residential development (up to 75 units) at Penistone Road/, Rowley Lane, Fenay Bridge, Huddersfield.

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

Under the provisions of Council Procedure Rule 37, the Committee received representations from Alison Munro and Gerald Newsome (local residents), Steve Noble (Green Alert in Lepton) and Chris Creighton (agent).

RESOLVED –

1) That authority be delegated to the Head of Planning and Development to approve the application, issue the decision notice and complete the list of conditions including matters relating to;

1. Standard OL condition (submission of Reserved Matters)

2. Standard OL condition (implementation of Reserved Matters)

3. Standard OL condition (Reserved Matters submission time limit)

4. Standard OL condition (Reserved Matters implementation time limit)

5. Full technical details of the proposed access to be submitted, approved and implemented

6. Full technical details of the proposed footway along the southside of Rowley Lane to be submitted, approved and implemented

7. Full technical details of the proposed highway improvements to the Rowley Lane / Penistone Road junction to be submitted, approved and implemented

8. Full technical details of internal road to adoptable standard to be submitted, approved and implemented

9. Structural details provided for retaining walls adjacent to the highway

10. Archaeology investigation works to be undertaken and details of how the findings have informed the design, to be submitted with layout and/or landscape

11. Contaminated land investigation and appropriate remediation pre-commencement conditions

12. Full drainage scheme to be provided prior to commencement

13. Overland flow routing plan to be provided prior to commencement

14. Temporary surface water drainage plan to be provided prior to commencement

15. Noise mitigation measures to be submitted with layout and/or appearance

16. Details of secure cycling to be provided at layout

17. Construction Environmental Management Plan

18. Construction Environmental Management Plan: Ecology

19. Construction Management Plan

20. EV Charging Points to be provided

21. Arboricultural Survey, Impact and Methodology assessments to be submitted with layout and/or landscape

22. Ecological Impact Assessment, to include 10% net gain, to be submitted with layout and/or landscape

23. Repeat Ecological Surveys for the stand-alone tree and north boundary to be submitted with layout and/or landscape

24. Fully detailed Travel Plan to be provided

25. Public sewer easement

26. Tree protection

2) That authority be delegated to the Head of Planning and Development to secure a S106 Agreement to cover (i) Affordable housing: 20% of dwellings to be affordable with a split of 55% social or affordable rent to 45% intermediate housing (inc. 25% First Homes) (ii) Open space: Contribution to off-site open space to be calculated at Reserved Matters stage based upon final number of units and the level of on-site provision at that time (iii) Education: additional places would be required at Rowley Lane Junior, Infant and Nursery School and King James’s School with the contribution to be calculated at  ...  view the full minutes text for item 10.

Redevelopment and change of use of former mill site to form 19 residential units (within a Conservation Area) - Hinchliffe Mill, Water Street, Holmbridge, Holmfirth.

Ward(s) affected: Holme Valley South

Contact: Richard A Gilbert, Planning Services

Application approved (delegated).

The Committee considered Application 2021/90800 relating to the redevelopment and change of use of a former mill site to form 19 residential units (within a Conservation Area) at Hinchliffe Mill, Water Street, Holmbridge, Holmfirth.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Charles Pogson (in objection), Mark Lee and Alison Dumville (on behalf of the applicant)

RESOLVED -

1) That authority be delegated to the Head of Planning and Development to approve the application, issue the decision notice and complete the list of conditions including matters relating to;  

1. TCPA Standard 3 Year Time Limit for Commencement;

2. Development in Accordance with Approved Document List;

3. Restrictions on occupation of the development to ensure Mill Conversion is completed;

4. Material Samples, Fenestration Detailing, Heritage Feature Retention Report (Prior to Commencement);

5. Archaeological Recording (Prior to Commencement);

6. Boundary Treatment Plan;

7. Obscure Glazing for Protection of Privacy of Water Street Residents;

8. Installation of Heritage Information Boards ;

9. Environment Agency Flood Risk Mitigation Measures;

10. Detailed Foul and Surface Water Drainage Design (Prior to Commencement);

11. Exceedance Event Assessment and Overland Flow Routing (Prior to Commencement);

12. Temporary Drainage Design (Prior to Commencement);

13. Lighting Design Strategy for Biodiversity;

14. Submission of a Phase II Intrusive Site Investigation Report for Contaminated Land (Prior to Commencement);

15. Submission of a Remediation Strategy for Contaminated Land (Prior to Commencement);

16. Implementation of Site Remediation for Contaminated Land;

17. Submission of Validation Report for Contaminated Land;

18. Protection of Private Water Supplies (Prior to Commencement);

19. Electric Vehicle Charging Points;

20. Construction Management Plan (Prior to Commencement);

21. Submission of Structural Retaining Wall Details (Prior to Commencement);

22. Submission of Highway Structure Details within the Carriageway (manholes etc) (Prior to Commencement);

23. Submission of Retaining Wall Facing Materials;

24. Submission of Tree Protection Plan;

25. Submission of Waste Management Plan;

26. Submission of Temporary Waste Management Plan;

27. Submission of Pre and Post Development Highway Condition Survey (Prior to Commencement);

28. Private Access Road Surfacing Details (Prior to Commencement);

29. Submission of the details relating to the Parking Layby proposed on Spring Lane/Dam Head (Prior to Commencement);

30. Parking Area Surfacing;

31. Construction Environmental Management Plan: Biodiversity (Prior to Commencement);

32. Landscape Ecological Design Strategy (Prior to Commencement);

33. Public Open Space Details;

34. Removal of Invasive Plant Species;

35. Protected Species Licence (Prior to Commencement);

36. PROW Alignment, Construction and Safety Details.

2) That authority be delegated to the Head of Planning and Development to secure a S106 Agreement to cover (i) financial contribution of £62,330 towards off-setting the loss of Biodiversity on the development site with supplementary management details in accordance with the Biodiversity Technical Advice Note

(ii) the provision of management companies for the purpose of maintaining shared spaces and drainage infrastructure serving the site and (iii) to enter into a viability review no  ...  view the full minutes text for item 11.

Demolition of fire training building, extension and landscaping of RTC yard, including erection of fuel pump and tank, bin store and dog kennels, recladding of the BA building and erection of an enclosed link between BA and TRTC, provision of a new sub-station and new boundary treatments, retaining and landscaping works - Oakroyd Hall, West Yorkshire Fire and Rescue Service Headquarters, Bradford Road, Birkenshaw.

Ward(s) affected: Birstall and Birkenshaw

Contact: Callum Harrison, Planning Services

Application approved (delegated).

The Committee considered Application 2022/92718 in respect of the demolition of fire training building, extension and landscaping of RTC yard, including erection of fuel pump and tank, bin store and dog kennels, recladding of the BA building and erection of an enclosed link between BA and TRTC, provision of a new sub-station and new boundary treatments, retaining and landscaping works at Oakroyd Hall, West Yorkshire Fire and Rescue Service Headquarters, Bradford Road, Birkenshaw.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Clare Plant (on behalf of the applicant).

RESOLVED - That authority be delegated to the Head of Planning and Development to approve the application, issue the decision notice and complete the list of conditions including matters relating to;  

1) In accordance with the approved plans

2) Commencement with 3 years

3) Development shall not commence until works to remediate shallow coal mine workings has been carried out.

4) Prior to the occupation of the development, a signed statement or declaration confirming that the site has been made safe shall be submitted.

5) Development in accordance with the submitted Flood Risk Assessment and foul and surface water drainage strategy

6) Prior to development commencing a Construction Environmental Management Plan (CEMP) to be submitted.

7) Development in accordance with the Arboricultural Method Statement contained within the arboricultural impact assessment

8) Submission of Remediation Strategy

9) Implementation of the Remediation Strategy

10) Submission of Verification Report relating to any site remediation prior to site being bought in to use (If applicable).

11) Noise from Fixed Plant & Equipment to be controlled to not exceed background sound level.

12) Before the installation of external artificial lighting commences a lighting scheme shall be submitted to and approved in writing by the Local Planning Authority.

13) In accordance with BNG design stage report.

14) In accordance with landscape plans

15) Brick to link for BA room to match existing BA & Command building

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

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

Against: (no votes)

Use of land as ‘glamping site’ with 6 glamping pods with decking, alterations to access to Moor Lane with formation of access road and parking areas, change of use of stables to form gym and Class E shop and café, installation of package treatment system - Moorgate Farm, Moor Lane, Netherthong, Holmfirth.

Ward(s) affected: Holme Valley South

Contact: William Simcock, Planning Services

Application refused.

The Committee considered Application 2022/9261 for the use of land as a ‘glamping site’ with 6 glamping pods with decking, alterations to access to Moor Lane with formation of access road and parking areas, change of use of stables to form gym and Class E shop and café, and installation of package treatment system at Moorgate Farm, Moor Lane, Netherthong, Holmfirth.

RESOLVED – That the application be refused on the grounds that;

1. The proposed development is inappropriate in principle within the Green Belt since buildings for holiday or visitor accommodation do not fall within the definition of “appropriate facilities for outdoor recreation” nor any of the other categories listed in paragraphs 149-150 of the National Planning Policy Framework (NPPF). It is considered that the development would cause significant harm to the openness of the Green Belt and undermine the purpose of including land within it as set out in paragraph 138(c) of the NPPF in that it would represent an encroachment of built development into open countryside. Very special circumstances that clearly outweigh the harm the development would cause to the Green Belt by reason of inappropriateness or other harm have not been demonstrated by the applicant. The development is therefore contrary to Chapter 13 of the NPPF, Policy 10 of the Kirklees Local Plan and Policy 7 of the Holme Valley Neighbourhood Development Plan.

2. The proposed visibility splay to the west crosses land that is outside the red line boundary and appears to be in third party ownership. It is therefore not possible to guarantee that a sufficient visibility splay to the west can be provided or retained in perpetuity. Consequently, the use of the access by the proposed development would give rise to a material increase in risks to highway users, and therefore due to impacts upon highway safety, the proposal is contrary to the aims of Policy LP21 of the Kirklees Local Plan and Policy 11(4&5) of the Holme Valley Neighbourhood Development Plan.

3. The application has not been supported by an Arboricultural Survey or Impact Assessment formally appraising the value of the trees on site, explaining how they would be affected and what mitigation or compensation could be undertaken. The provision of visibility splays as shown on drawing 220430-01-11 would appear to require the removal of a number of mature trees that are the subject an Area Tree Preservation Order, reference 66/92/g1. The development therefore does not accord with the aims of Policy LP33 the Kirklees Local Plan or those of Holme Valley Neighbourhood Development Plan Policy 2(3) which state that any significant trees should be retained.

4. The Kirklees Biodiversity Net Gain Technical Advice Note requires that a 10% net gain should be achieved on sites over 0.5ha. The proposal has not been supported by a baseline ecological survey or impact assessment. It is therefore not possible to assess the value of any existing semi-natural habitat that would be lost (including, but not restricted to, mature trees) nor establish how the appropriate  ...  view the full minutes text for item 13.