Agenda item

Variation of Condition 21 (highways and occupation) on previous permission 2016/92298 for 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) - Former North Bierley Waste Water Treatment Works, Cliff Hollins Lane, Oakenshaw.

Ward(s) affected: Cleckheaton

Contact: Nick Hirst

Approval delegated to the Head of Planning and Development.

The Committee considered Application No.2022/91849 in respect of a variation of Condition 21 (highways and occupation) on previous outline permission 2016/92298 for the 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 the former North Bierley Waste Water Treatment Works, Cliff Hollins Lane, Oakenshaw.

Under the provisions of Council Procedure Rule 37, the Committee received a representation from James Hicks (the agent).

RESOLVED –

1)    That 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, as set out below:

1.       Reserved matters to be submitted prior to commencement

2.       Reserved matters to be submitted to the Local Planning Authority and carried out per plans

3.       Reserved matters time limit for submission

4.       Reserved matters time limit to commence

5.       Phasing plan to be submitted

6.       Biodiversity Enhancement and Management Plan to be submitted

7.       Construction Ecology Management Plan to be submitted

8.       Construction Environment Management Plan to be submitted

9.       Lighting Design Strategy for Biodiversity to be submitted

10.      Sewer easement

11.      Access to Moorend combined sewer overflow and syphon sewer details

12.      Separate foul and surface water required

13.      Drainage details to be submitted

14.      Outfall details to be provided

15.      Development done in accordance with Flood Risk Assessment

16.      Coal working site investigations

17.      Layout and landscape reserved matters to include consideration of coal working investigations

18.      Layout and landscape reserved matters to include Arboricultural Survey and Method Statements

19.      Layout and landscape reserved matters to include treatment of PROW on site

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

21.      No more than 21,882m² of floorspace shall be occupied and come into use until either:

a. the highways works on the Bradford Road approach to M62 Junction 26 Chain Bar, identified in Condition 20) a) are implemented and open to traffic to Kirklees Council’s approval in consultation with Highways England; or

b. the improvement scheme to remove M62 westbound to M606 northbound traffic from the M62 Junction 26 Chain Bar roundabout circulatory carriageway is implemented by Highways England

22.      Development restricted to the areas shown on plateau plan

23.      Reserved matters shall include a ‘Residual Uncertainty Assessment’ in relation to flood risk

24.      Reserved matters to include surface water disposal strategy

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

26.      Temporary surface water details to be provided

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

28.      Fixed mechanical services and plan to be noise controlled.

29.      Layout and landscape reserved matters to include noise attenuation

30.      Unexpected contamination procedure

31.      Layout and landscape reserved matters to include low emission and charging point details

32.      Limitation on B2 and total floor space

b)    secure a Section 106 agreement to cover the following matters:

A deed of variation, which ties the Section 106 obligations from 2016/92298, the original consent, to the new Section 73 consent.

(For reference, the original contributions were:

A. All off site associated highway works approved under s278 to be completed and made operational prior to any part of the commercial development on this application site being brought into use

B. A financial contribution of £71,370 (calculated damage costs) to be used towards air quality mitigation measures within the vicinity of the site in the absence of detailed low emission projects equating to the identified damage costs or above, being submitted at reserved matters stage, and

C. £20,000 towards real time passenger information displays to two existing bus stops (reference nos. 14572 and 14567)

2)    In the circumstances where the Section 106 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 be authorised 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 Armer, P Davies, S Hall, Pattison and Sokhal (5 votes)

Against: Councillors Pinnock and Thompson (2 votes)