Agenda, decisions and minutes

To appoint a Member to Chair this Meeting of the Committee, in the absence of Councillor S Hall.

Councillor E Firth was appointed to Chair this meeting of the Committee, in the absence of Councillor S Hall.

Councillor E Firth was appointed to Chair this meeting of the Committee, in the absence of Councillor S Hall.

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

Councillor E Firth substituted for Councillor S Hall.

Apologies for absence were received from Councillor Thompson.

Councillor E Firth substituted for Councillor S Hall.

Apologies for absence were received from Councillor Thompson.

To approve the Minutes of the Meeting of the Committee held on 7 December 2023.

Approved as a correct record.

RESOLVED – That the Minutes of the Meeting held on 7 December 2023 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 Disposable Pecuniary Interest, which would prevent them from participating in any discussion or vote on an item, or any other interests.

None declared.

No interests were declared.

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 agenda items would be considered in public session.

It was noted that all agenda items would be considered in public session.

To receive any public questions.

In accordance with Council Procedure Rule 11, the period for the asking and answering of public questions shall not exceed 15 minutes.

Any questions must be submitted in writing at least three clear working days in advance of the meeting.

No questions were asked.

No questions were asked.

The Committee will receive any petitions and/or 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 submit a petition at the meeting relating to a matter on which the body has powers and responsibilities.

In accordance with Council Procedure Rule 10, Members of the Public must submit a deputation in writing, at least three clear working days in advance of the meeting and shall subsequently be notified if the deputation shall be heard. A maximum of four deputations shall be heard at any one meeting.

No deputations or petitions were received.

No deputations or petitions were received.

Application for a Definitive Map Modification Order (DMMO) to record a public right of way at Carr Mount, Kirkheaton on the Definitive Map and Statement.

Contact: Mark Drydale, Public Rights of Way

Estimated time of arrival at site: 10.15am

Site visit undertaken.

Site visit undertaken.

Section 73 application for variation of conditions 1 (plans), 2 (crime prevention) and 15 (restriction of permitted development) of previous reserved matters approval 2021/93286 pursuant to outline permission 2020/91215 for erection of 41 dwellings at Green Acres Close, Emley. 

Contact: Ellie Thornhill, Planning Services

Estimated time of arrival at site: 10.35am

Site visit undertaken.

Site visit undertaken.

Application for a Definitive Map Modification Order (DMMO) to record Mean Lane, Meltham, as a public bridleway on the Definitive Map and Statement.

Contact: Mark Drydale, Public Rights of Way

Estimated time of arrival at site: 11.15am

Site visit undertaken.

Site visit undertaken.

Application for a Definitive Map Modification Order (DMMO) to record Mean Lane, Meltham, as a public bridleway on the Definitive Map and Statement.

Contact: Mark Drydale, Public Rights of Way

RESOLVED – That Officers be authorised to make a Definitive Map Modification Order under section 53(3)(C) (ii) of the Wildlife and Countryside Act 1981  to upgrade Meltham 24 and 59  Mean Lane, Meltham, from Public Footpath to Public Bridleway status, with variable width between 3 metres and 10 metres from point A to point B on the indicative map (figure 1) and to authorise confirmation of an unopposed order and, if opposed, support confirmation.

The Committee gave consideration to an Application for a Definitive Map Modification Order (DMMO) to record Mean Lane, Meltham, as a public bridleway on the Definitive Map and Statement.

Under the provisions of Council Procedure Rule 37, the Sub-Committee received representations from Mr and Mrs Jarvis (local residents) and Mark Corrigan (on behalf of the British Horse Society).

RESOLVED – That Officers be authorised to make a Definitive Map Modification Order under section 53(3)(C) (ii) of the Wildlife and Countryside Act 1981  to upgrade Meltham 24 and 59  Mean Lane, Meltham, from Public Footpath to Public Bridleway status, with variable width between 3 metres and 10 metres from point A to point B on the indicative map (figure 1) and to authorise confirmation of an unopposed order and, if opposed, support confirmation.

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

For: Councillors Crook, Pattison and Sokhal (3 votes)

Against: Councillor A Pinnock (1 vote)

Abstained: Councillor E Firth

Application for a Definitive Map Modification Order (DMMO) to record a public right of way at Carr Mount, Kirkheaton on the Definitive Map and Statement.

Contact: Mark Drydale, Public Rights of Way

RESOLVED –

1)    That a Definitive Map Modification Order be made under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 in relation to the Definitive Map Modification Order Application S14201 to record a public footpath commencing at its junction with Liley Lane/Bellstring Lane public carriageway B6118 through Carr Mount to its junction with public footpath Kirkburton 20 Part A (point A to point B on the indicative map(figure 1) on the Definitive Map and Statement.

2)    That, pusuant to (1) above, should the Order be opposed and the matter be referred to the Planning Inspectorate for determination by either written representations, public hearing, or public inquiry, the Council shall support the confirmation of the Order.

3)    That no Order be made in relation to the Definitive Map Modification Order Application S14306 to record a public bridleway commencing at its junction with Liley Lane/Bellstring Lane public carriageway B6118 through Carr Mount to its junction with public bridleway B6118 through Carr Mount to its junction with public bridleway Kirkburton 220 (Part B) at Long Tongue Scrog Lane.  

The Committee gave consideration to an Application for a Definitive Map Modification Order (DMMO) to record a Public Right of Way at Carr Mount, Kirkheaton, on the Definitive Map and Statement.

Under the provisions of Council Procedure Rule 37, the Sub-Committee received representations from Michael Hine, Michelle Thompson and John Dunwell (local residents) and Mark Corrigan (on behalf of the British Horse Society).

RESOLVED –

1)    That a Definitive Map Modification Order be made under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 in relation to the Definitive Map Modification Order Application S14201 to record a public footpath commencing at its junction with Liley Lane/Bellstring Lane public carriageway B6118 through Carr Mount to its junction with public footpath Kirkburton 20 Part A (point A to point B on the indicative map(figure 1) on the Definitive Map and Statement.

2)    That, pusuant to (1) above, should the Order be opposed and the matter be referred to the Planning Inspectorate for determination by either written representations, public hearing, or public inquiry, the Council shall support the confirmation of the Order.

3)    That no Order be made in relation to the Definitive Map Modification Order Application S14306 to record a public bridleway commencing at its junction with Liley Lane/Bellstring Lane public carriageway B6118 through Carr Mount to its junction with public bridleway B6118 through Carr Mount to its junction with public bridleway Kirkburton 220 (Part B) at Long Tongue Scrog Lane.  

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

For: Councillors Crook, E Firth, Pattison, A Pinnock and Sokhal (5 votes)

Against: (no votes)

Section 73 application for variation of conditions 1 (plans), 2 (crime prevention) and 15 (restriction of permitted development) of previous reserved matters approval 2021/93286 pursuant to outline permission 2020/91215 for erection of 41 dwellings at Green Acres Close, Emley.  

Contact: Ellie Thornhill, Planning Services

Application approved (delegated).

The Committee gave consideration to Application 2023/92255 – Section 73 application for variation of conditions 1 (plans), 2 (crime prevention) and 15 (restriction of permitted development) of previous reserved matters approval 2021/93286, pursuant to outline permission 2020/91215 for erection of 41 dwellings at Green Acres Close, Emley.

Under the provisions of Council Procedure Rule 37, the Committee received a representation from Ben Gibson (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. Development in accordance with the plans and specifications schedule

2. Crime prevention measures to be completed in accordance with plan

    reference Z115.113 rev B

3. Details of external lighting

4. Detailed design of ball-stop net and associated support columns

5. A management maintenance plan to include the routine inspection and

    maintenance, and long-term repair and replacement of columns, netting

    and such other associated apparatus

6. A scheme detailing foul, surface water and land drainage

7. A scheme, detailing temporary surface water drainage

8. Development in accordance with the advice and directions

    (recommendations) contained in the Arboricultural Method Statement,

    reference, Wharncliffe Trees and Woodland Consultancy

9. Full details of hard and soft landscaping, including and management and

    maintenance programme

10. Details of all new retaining walls/ building retaining walls adjacent to the

      existing/ proposed adoptable highways

11. Details of any new surface water attenuation pipes/manhole located within

      the proposed highway footprint

12. Removal of PD rights for windows and doors within the northern facing

      side elevation of plot 8

13. A plan detailing the position and location of bat and bird boxes and

      hedgehog friendly fence panels

14. A Construction Environmental Management Plan

15. Removal of permitted development rights for Class Classes A to E

      inclusive of Part 1 of Schedule 2 for plots 14 – 20, 33, 34 and 41 as

      outlined on the hereby approved site plan Z155.002 rev E

2) That authority be delegated to the Head of Planning and Development to secure a S106 Deed of Agreement, linking this approval to the previous Section 106 Agreement (dated 23/06/21) and Deed of Variation (dated 03/03/21).

3) That, in circumstances where the S106 Agreement has not been completed within three months of this decision, the Head of Planning and Development shall be authorised to 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, and would therefore be permitted 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 Crook, E Firth, Pattison, A Pinnock and Sokhal (5 votes)

Against: (no votes)