Agenda, decisions and minutes

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

Apologies were received from Councillors Bill Armer, Timothy Bamford and Susan Lee-Richards.

To approve the Minutes of the meeting of the Committee held on 21 April 2021.

The minutes of the meeting held on 21 April 2021 were approved as a correct record.

The minutes of the meeting held on 21 April 2021 were approved as a correct record.

Sub-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 Bellamy declared that she had been lobbied on application 2020/91820.

Councillors McGuin and Ullah declared that they had been lobbied on application 2021/90743.

Most agenda items will be considered in public session, however, it shall be advised whether the Sub-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 were considered in public session.

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 Committee will hear any questions from the general public.

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.

Application for a Definitive Map Modification Order (DMMO) to vary the particulars of public footpath Holmfirth 60 at Wolfstones Heights Farm, Netherthong.

Contact officer: Phil Champion, Definitive Map Officer - Public Rights of Way (PROW)

Ward(s) affected: Holme Valley South

The Sub Committee agreed:

1. To option 1 ( at paragraph 2.15) in the considered report to make a Definitive Map Modification to vary the particulars recorded in the Map and Statement in respect of the recorded width, with the addition and removal from the Statement of various limitations; and

2. That should the Order be opposed, and the matter referred to the Secretary of State, that the Council should actively support the confirmation of the Order at any public inquiry or hearing.

The Sub Committee considered a report that outlined details of an application for a Definitive Map Modification Order (DMMO) to vary the particulars of public footpath Holmfirth 60 at Wolfstones Heights Farm, Netherthong.

The report outlined the context and background to the matter, information required to take a decision, next steps and officer recommendations and reasons.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from Noel Scanlon and Greg Cropper (objectors).

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

RESOLVED -

1. That the Council makes an order to modify the Definitive Map and Statement Modification to vary the particulars contained in the Map and Statement for footpath Holmfirth 60 to record a width for length A-E varying between 3 and 4 metres, between physical boundaries. With removal of reference to two stiles at points B and C, and a wicket gate at point D, and inclusion as a limitation a 1.2m gap alongside a gate at point B; and

2. That should the Order be opposed, and the matter referred to the Secretary of State, that the Council should actively support the confirmation of the Order at any public inquiry or hearing.

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

For: Councillors: Davies, Homewood, Lyons, McGuin, Sarwar, A Smith, Sokhal, Ullah and Uppal (9 votes)

Against: Councillor Bellamy (1 vote)

Change of use and refurbishment of existing buildings to form outdoor learning facility with classrooms (F.1(a)) and ancillary overnight accommodation Land off, Manchester Road, Marsden, Huddersfield.

Contact Officer: Nick Hirst, Planning Services

Ward(s) affected: Colne Valley

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

The Sub Committee gave consideration to Planning Application 2020/91820 Change of use and refurbishment of existing buildings to form outdoor learning facility with classrooms (F.1(a)) and ancillary overnight accommodation Land off, Manchester Road, Marsden, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from Caroline Tamworth (objector), James Robert and Leigh Ogden (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. Limit use to 32 children (with 8 adults as chaperone).

4. Lighting strategy (for Green Belt and Ecological purposes).

5. Existing structure not to be demolished.

6. Material samples to be provided.

7. Details of window concealment system.

8. Parking bays not to be resurfaced or marked out.

9. Electric vehicle charging point details to be submitted.

10. Waste storage screening to be detailed.

11. To secure the retention of the stone posts around the site.

12. Removal of storage containers prior to use commencing.

13. Biodiversity Management Plan to secure 10% net biodiversity gain.

14. Submission of details of bat boxes and location within the site.

15. Canteen and kitchen to be ancillary use only.

16. Submission of cycle stand details.

17. Use limited to F.1(a) – Provision of education, only.

18. Construction Management Plan

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

For: Councillors: Davies, Homewood, Sarwar, A Smith, Sokhal, Ullah, Uppal and Lyons (8 votes).

Against: (0 votes)

Abstained: Councillors Bellamy and McGuin.

Outline application for erection of residential development Land west of, Lidget Street, Lindley, Huddersfield.

Contact Officer: Ellie Worth, Planning Services

Ward(s) affected: Lindley

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

The Sub Committee gave consideration to Planning Application 2021/90887 Outline application for erection of residential development Land west of, Lidget Street, Lindley, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received a representation from Nick Willock (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:

1. Complete the list of conditions including those contained within the considered report including:

1. Approval of Reserved Matters details of Access, Appearance, Landscaping,

Layout and Scale to be sought before development commences.

2. Plans and particulars relating to Reserved Matters details of Access, Appearance, Landscaping, Layout and Scale to be submitted and approved in writing.

3. Application for Reserved Matters to be submitted within three years.

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

5. Submission of an Ecological Impact Assessment (EcIA) with demonstration how the proposals will deliver a measurable biodiversity net gain of at up to 10% and development in accordance with EiA recommendations.

6. Submission of a Phase 1 Preliminary Risk Assessment.

7. Submission of a Phase 2 Intrusive Site Investigation Report.

8. Submission of a Remediation Strategy.

9. Implementation of a Remediation Strategy.

10.Submission of a Validation Report.

11.Provision of Electric Vehicle Charging Points.

12.Work to be carried out in accordance with the Council’s set construction site working times.

13.Details of storage, bin presentation points and access for collection of wastes from the dwellings to inform the Reserved Matters of ‘access’ and ‘layout’.

14.Details of temporary waste collection arrangements to serve occupants of completed dwellings whilst the remaining site is under construction.

15.Construction Management Plan, including point of access for construction traffic, details of the times of use of the access, the routing of construction traffic to and from the site, construction workers parking facilities and the provision, use and retention of adequate wheel washing facilities within the site.

16.Proposed design and construction details for all new surface water attenuation tanks/pipes/manholes located within the proposed highway footprint.

17.A scheme detailing the proposed internal road layout (to an adoptable standard).

18.Full detailed drainage design detailing foul, surface water and land drainage 9.Full details of the proposed means of managing surface water during the construction period including silt management to prevent blocking up of drainage systems.

20.Full detailed design of site levels including flow routing from the site including consideration of overland flow paths from drainage and gulley bypass.

21.Noise assessment report and mitigation scheme.

22.Submission of Travel Plan.

23.Tree survey and impact assessment and arboricultural method statement.

24.Measures to promote carbon reduction and enhance resilience to climate change.

25.Full details of an invasive species management plan.

26.Full details of a Construction Environmental Management Plan.

2. Secure a Section 106 agreement to cover the following matters:

1) Affordable housing – 20% of dwellings to be affordable with a preferred split of 55% social or affordable rent to 45% intermediate housing;

2) Open space  ...  view the full minutes text for item 9.

Alterations to convert existing barns to café and seating area and formation of parking facilities Gledhill Farm, Kaye Lane, Almondbury, Huddersfield.

Contact Officer: Stuart Howden, Planning Services.

Ward(s) affected: Newsome.

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

The Sub Committee gave consideration to Planning Application 2021/90743 Alterations to convert existing barns to café and seating area and formation of parking facilities Gledhill Farm, Kaye Lane, Almondbury, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from Stephen King (Objector) and Steven Griffiths (applicant).

Under the provisions of Council Procedure Rule 36 (3) the Sub Committee received a representation from Councillor Andrew Cooper (ward members).

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 and the update report including:

1. Development to commence within 3 years of permission.

2. Development to be undertaken in accordance with submitted plans/specifications .

3. Internally, the café to be strictly contained to the red dashed area of the livery

building as displayed in drawing No. TS112-2, and shall not exceed a floor area

of 143m2.

4. Cooking odour impact assessment prior to the first use of the café to be submitted and approved.

5. Details of surface improvements and widening the first 30 metres of the access lane into site from Kaye Lane, widening in accordance with Drawing No.

H3451/02, to be submitted and approved and the approved scheme completed

prior to the first use of the café.

6. The car park laid out in with accordance with Drawing No. TS112-2 prior to the first use of the café.

7. A scheme detailing the boundary treatments (including acoustic fencing) between the site and the neighbouring residential properties of No.126 and 132

Kaye Lane to be submitted and approved prior to the first use of the café.

8. A method statement for enhancing biodiversity prior to the first use of the café.

9. No heat exchange unit, air conditioning unit or other plant installed until an acoustic report is submitted and approved.

10.Noise assessment to be submitted and approved prior to an outdoor seating

area in connection with the café.

11.Artificial lighting scheme to be submitted and approved prior to the installation of any external artificial lighting.

12.Energy Statement to be submitted and approved prior to the first use of the

café.

13.Details of bin/refuse collection and storage areas to be submitted and approved prior to the first use of the café.

14.Hours restricted to customers to 09:00 to 18:00 any day, as well as deliveries

and no deliveries on Sundays or Bank Holidays.

15.Work to stop and Phase I survey to be submitted if unsuspected contamination encountered.

16. The menage area, included within the application site, shall be retained as

such and shall not be used for customer or staff parking.

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

A vote for deferment.

For: Councillors: Bellamy, McGuin, A Smith and Lyons (4 votes)

Against: Councillors: Davies, Homewood, Sarwar, Sokhal, Ullah and Uppal (6 votes)

A vote to approve the application.

For: Councillors: Davies, Homewood,  ...  view the full minutes text for item 10.