Agenda item

Variation of Condition 32 on previous permission 2016/92298 - 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) at former North Bierley Waste Water Treatment Works, Oakenshaw.

Ward affected: Cleckheaton

Contact: Nick Hirst, Planning Services

Application approved (delegated).

The Committee gave consideration to Application 2021/94060 – Variation condition 32 on previous permission 2016/92298 for outline application for re-development of former waste water treatment works following the demolition of existing structures to provide employment uses (use classes B1(c), B2 and B8) at Former North Bierley Waste Water Treatment Works, Oakenshaw. 

Under the provisions of Council Procedure Rule 37, the Committee received representations from Charlie Brown (local resident) and Jeremy Williams (applicant’s 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;  

-       Reserved matters to be submitted prior to commencement

-       Reserved matters to be submitted to the LPA and carried out per plans

-       Reserved matters time limit for submission

-       Reserved matters time limit to commence

-       Phasing plan to be submitted

-       Biodiversity Enhancement and Management Plan to be submitted

-       Construction Ecology Management Plan to be submitted

-       Construction Environment Management Plan to be submitted

-       Lighting Design Strategy for Biodiversity to be submitted

-       Sewer easement

-       Access to Moorend combined sewer overflow and syphon sewer details

-       Separate foul and surface water required

-       Drainage details to be submitted

-       Outfall details to be provided

-       Development done in accordance with Flood Risk Assessment

-       Coal working site investigations

-       Layout and landscape RMs to include consideration of coal working investigations

-       Layout and landscape RMs to include Arboricultural Survey and Method Statements

-       Layout and landscape RMs to include treatment of PROW on site

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

-       Limiting floorspace occupied to 17,642m2 until given highway works implemented (as approved by condition 20) or Highway England works undertaken

-       Development restricted to the areas shown on plateau plan

-       Reserved Matters shall include a ‘Residual Uncertainty Assessment’ in relation to flood risk

-       Reserved Matters to include surface water disposal strategy

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

-       Temporary surface water details to be provided

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

-       Fixed mechanical services and plan to be noise controlled

-       Layout and landscape RMs to include noise attenuation

-       Unexpected contamination procedure

-       Layout and landscape RMs to include low emission and charging point details

-       Limitation on B2 and total floor space (to be varied)

-       Prevent given area being used as Last Mile (new)

2) That authority be delegated to the Head of Planning and Development to secure a S106 Agreement to cover a deed of variation which ties the S106 obligations from 2016/92298 (the original consent) to the new S73 consent.

3) That, pursuant to (2) above, 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.

4) That any subsequent Reserved Matters applications be submitted to this Committee for determination.

5) That Condition 33 be amended to read as follows:

33. The hereby approved development does not authorise the operation of any ‘Last Mile’ and/or ‘Parcel Distribution’ distribution use within the area highlighted in red on plan ref. ‘2147 PL 100B’, as submitted on the 13th June 2022. ‘Last Mile’ and/or ‘Parcel Distribution’ is hereby defined as any single parcel undertaking its last leg of a journey from a transportation hub to a final destination, based upon the nationally recognised TRICS (Trip Rate Information Computer System) database definition. Reason: In the interest of highway safety, to ensure the development operates within the parameters of the assessment undertaken, in accordance with LP21 of the Kirklees Local Plan.

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

For: Councillors P Davies, S Hall, Pattison, A Pinnock and Sokhal (5 votes)

Against: Councillors Armer and Thompson (2 votes)