Agenda, decisions and minutes

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

Councillor Steve Hall substituted for Councillor Sheikh Ullah.

To approve the Minutes of the meeting of the Committee held on 5 August 2021.

The minutes of the meeting held on 5 August 2021 were approved as a correct record.

The minutes of the meeting held on 5 August 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.

Councillors S Hall, Bamford, McGuin, Homewood, A Smith, Davies and Armer declared that they had been lobbied on application 2020/91055.

Councillor Sokhal declared an “other interest” in application 2021/91823 on the grounds that the had already expressed an opinion on the merits of the application.

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 on the agenda were taken 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 Sub-Committee will 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 and any person may ask no more than two questions.

No questions were asked.

Erection of 13 dwellings (resubmission) land south of, 5-25, Clay Well, Golcar, Huddersfield.

Contact officer: Victor Grayson, Planning Services

Ward(s) affected: Golcar

Delegate to the Head of Planning and Development to approve as detailed in the considered report subject to the following:

1.     An adjustment to the open space contribution (as detailed in the supplementary report).

2.     An additional condition covering the provision of sustainable energy technologies.

3.     The period for completing the Section 106 agreement is reduced from 3 months to 2 months.

4.     The Head of Planning and Development is authorised to refuse the application if the applicant is not willing to provide the affordable housing as set out in the considered report.

The Sub Committee gave consideration to Planning Application 2021/91384 Erection of 13 dwellings (resubmission) land south of, 5-25, Clay Well, Golcar, Huddersfield.

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. Three years to commence development.

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

and documents.

3. Submission of a Construction Management Plan.

4. Submission of details of temporary (construction-phase) surface water

drainage arrangements.

5. Drainage and surfacing of parking spaces.

6. Submission of details relating to internal adoptable roads.

7. Submission of details of any highways retaining walls and structures.

8. Submission of details of the internal road’s pedestrian connection to the

adjacent public right of way COL/56/40.

9. Submission of details of cycle parking, and provision prior to occupation.

10. Provision of electric vehicle charging points (one charging point per dwelling with dedicated parking).

11. Submission of details of waste storage and collection, and provision prior to occupation.

12. Temporary refuse storage and collection arrangements during construction

13. Submission of detailed drainage scheme (including clarification regarding on-site attenuation volume of and annotations).

14. Submission of flood routing details.

15. Submission of details to allow for a surface water connection across the

site from site ref: HS153.

16. Submission of an intrusive site investigation report (phase II report).

17. Submission of a remediation strategy.

18. Implementation of remediation strategy.

19. Submission of a validation report.

20. Submission of details of crime prevention measures.

21. Submission of details of the retention, making safe and maintenance of the site’s derelict building.

22. External materials (details and samples to be submitted).

23. Submission of details of boundary treatments.

24. Submission of details of external lighting.

25. Implementation of tree protection measures.

26. Submission of full details of a hard and soft landscaping scheme, to include replacement trees.

27. Submission of details and implementation of bat mitigation measures.

28. Submission of an Ecological Design Strategy.

29. Submission of an invasive species removal and eradication strategy, and implementation of measures.

30. Removal of permitted development rights for extensions and outbuildings.

2.     Include an additional condition to cover the provision of sustainable energy technologies.

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

1) Affordable housing – Three affordable housing units (two affordable/social rent, one intermediate) to be provided in perpetuity.

2) Open space – £22,948 off-site contribution and an additional contribution payable in the event that development comes forward at the adjacent site (site allocation ref: HS153) and the cumulative impacts of both developments require mitigation.

3) Education – Contribution payable in the event that development comes forward at the adjacent site (site allocation ref: HS153), the education contribution threshold (by both developments considered together) is met, and the cumulative impacts of both developments require mitigation.

4) Sustainable transport – Measures to encourage the use of sustainable modes  ...  view the full minutes text for item 7.

Reserved matters application pursuant to outline application no. 2016/91479 (appeal no. APP/Z4718/W/17/3173711) for erection of 22 dwellings Land at Hart Street, Newsome, Huddersfield.

Contact officer: Nick Hirst, Planning Services

Ward(s) affected: Newsome

Delegate to the Head of Planning and Development to approve as detailed in the considered report subject to the following amendment:

·       The contribution to sustainable travel to be amended from “sustainable travel (metro cards) “to “ sustainable travel measures”.

The Sub Committee gave consideration to application 2021/91638 Reserved matters application pursuant to outline application no. 2016/91479 (appeal no.

APP/Z4718/W/17/3173711) for erection of 22 dwellings Land at Hart Street, Newsome, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from Diane Sims (objector), Mark Henderson (agent) and Nick Gould (applicant).

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

1.     Await the result of the crayfish survey. If none are found move the application forward to a decision in accordance with points 3 and 4 of the recommendation as outlined below.

2.     If, in the unexpected circumstance that crayfish are identified within the mill ponds, undertake appropriate negotiation on the matter, and return the application to a subsequent Sub Committee meeting with an updated recommendation.

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

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

2. Material samples, to include proposed coursing etc.

3. Implementation of boundary plan.

4. Details on road built to an adoptable standard

5. Details of works adjacent to retaining wall

6. Secure cycle storage details.

7. Further details on highway retaining works.

8. Proposed driveways to be provided and retained.

9. Removing Permitted Development rights for extensions and outbuildings for plots 6, 15 and 16.

10. The provision of Electric Vehicle Charging Points

11. Submission of Arboricultural Method Statement

12. Landscaping to the provided in accordance with approved details.

13. Submission of Landscape and Ecological Management Plan (LEMP)

14. Boundary treatment to be erected in accordance with plans, to be provided prior to occupation.

15. Finished floor levels as per flood routing plan.

16. Temporary surface water drainage details to be provided.

17. Submission of Construction Environmental Management Plan (CEMP).

18. Construction traffic Management Plan (CMP).

4.     Secure a S106 agreement to cover the following matters:

a) Public open space provisions including off site commuted sum (£23,798.15) and future maintenance and management responsibilities of the open space within the site.

b) Contribution towards sustainable travel measures (£11,253)

c) Four dwellings (20% of units) to be affordable, with all four to have a tenure of affordable rent.

d) Management and maintenance of drainage and public open space.

5.     Pursuant to (4) above, in the circumstances where the S106 agreement has not been completed within 3 months of the date of the Committee’s resolution then the Head of Planning and Development shall 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; if so, the Head of Planning and Development is authorised to determine the application and impose appropriate reasons for refusal under Delegated Powers.

A Recorded Vote was taken in accordance with  ...  view the full minutes text for item 8.

Alterations to convert existing basement into two apartments (Listed Building within a Conservation Area) 132, Trinity Street, Huddersfield.

Contact officer: William Simcock, Planning Services

Ward(s) affected: Greenhead

Refused (in line with the reasons outlined in the considered report).

The Sub Committee gave consideration to Application 2021/91823 Alterations to convert existing basement into two apartments (Listed Building within a Conservation Area) 132, Trinity Street, Huddersfield.

Under the provisions of Council Procedure Rule 37 the Sub Committee received a representation from Malcolm Sizer (on behalf of the applicant).

RESOLVED –

That the application be refused in line with the following reasons outlined in the considered report:

1. The habitable room windows within the proposed dwellings, especially the bedrooms and the front-facing living room, would, by reason of the relationship

between the proposed windows and existing ground levels, experience severely restricted natural light and outlook. The proposed development would therefore fail to provide an adequate level of amenity to future occupants of the dwellings, contrary to the aims of the National Planning Policy Framework paragraphs 125(c) and 130 (f), and Policy LP24(b) of the Kirklees Local Plan.

2. The removal of the existing steps would harm the significance of the Listed

Building. Whilst the degree of harm would be less than substantial, it has not been justified by a demonstrable public benefit as required by paragraphs 200 and 202 of the of the National Planning Policy Framework, since it is considered

that the creation of two new apartments with severely substandard levels of amenity would not be a public benefit.

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

For: Councillors: Armer, Davies, Homewood, Lee-Richards, Sarwar, A Smith, S Hall, Uppal and Lyons (9 votes).

Against: Councillors: Bamford and Bellamy (2 votes).

Abstained: Councillor McGuin.

Variation of conditions 2 and 6 and removal of conditions 5 on previous permission 2019/93524 for provision of 3 parking spaces and landscaping works to provide amenity space 102, Dunford Road, Holmfirth.

Contact officer: Neil Bearcroft, Planning Services

Ward(s) affected: Holme Valley South

1.     Delegate approval of the application for the variation of conditions 2 and 6 on previous permission 2019/93524

2.     Refuse the removal of condition 5 on previous permission 2019/93524 (contrary to officers recommendation to approve removal)

The sub committee gave consideration to application 2020/91055 variation of conditions 2 and 6 and removal of condition 5 on previous permission 2019/93254 for provision of 3 parking spaces and landscaping works to provide amenity space 102, Dunford Road, Holmfirth.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from Joy Hewitson, Nikki Fahey (objectors) and Jeremy Childs (agent).

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

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

1.

1. Development to be in accordance with the approved plans

2. Landscaping to accord with submitted details and retained for 5 years

3. Parking areas to be surfaced

4. Parking areas only to be used by the occupiers of nos. 100, 102 and

104 Dunford Road.

2.     Approval of the variation of conditions 2 and 6.

3.     That contrary to officer recommendation that the removal of condition 5 be refused. The sub Committee considered that the removal of the condition would lead to the parking spaces approved as part of application 2019/93524 having an intensification of use of a substandard access to the detriment of Highway Safety and would fail to accord with Policy LP21 of the Kirklees Local Plan.

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

For: Councillors: Armer, Bamford, Bellamy, Davies, Homewood, Lee-Richards, McGuin, Sarwar, A Smith, Sokhal, S Hall, Uppal and Lyons (13 votes).

Against: (0 votes).