Agenda item

Planning Application - 2021/94280

Erection of 65 dwellings with associated works on land at Lady Ann Road, Soothill, Batley.


Contact: Nick Hirst, Planning Services


Ward(s) affected: Batley East



Approved (delegated to the Head of Planning and Development) subject to the amendment of Condition 3, to require all dwellings to be faced in natural stone, and an additional condition in respect of a scheme for archaeological investigation and recording.



The Committee considered Application 2021/94280 in respect of the erection of 65 dwellings, with associated works, on land at Lady Ann Road, Soothill, Batley.


Under the provisions of Council Procedure Rule 36(3), the Committee received a representation from Councillor Habiban Zaman.


Under the provisions of Council Procedure Rule 37, the Committee recived representations from Steven Potter (in objection, on behalf of Soothill Resident’s Association) and Lee Machell (on behalf of the applicant).


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, and subject to: the amendment of Condition 3*, to require all dwellings to be faced in natural stone; and an additional condition in respect of a scheme for archaeological investigation and recording.

1.    Three years to commence development.

2.    Developmenttobecarriedoutin accordancewith theapprovedplans and specifications.

3.    Wallingand roofingmaterial samplesto besubmitted andapproved*. Render colour to be matching to elevation.

4.    Development to be done in accordance with level strategy.

5.    Details of proposed retaining wall materials to be provided.

6.    Detailedlandscaping strategyto beprovided andimplemented, with management and maintenance details to be approved.

7.    Full details of boundary treatments to be submitted and approved.

8.    ArboriculturalMethod Statementto besubmitted andapproved. No unidentified tree-works to takeplace unless further Arboricultural Impact / Method Statement provided.

9.    Plot 36’s side facing windows to be obscured.

10.Remove Permitted Development rights for outbuildings and extensions (all units)

11.Updatednoisereport tobe undertakenand necessarymitigation implemented.

12.ConstructionEnvironmental ManagementPlan (CMP) to be submitted, approved, and adhered to.

13.Detailedplan forthe equipmentand designof theLocal Equipped Area of Play (LEAP) to be submitted, approved, and implemented.

14.Access sightlines to be implemented and secured.

15.Technicaldesign strategyfor LadyAnn Road/SoothillLane improvements and implementation (with flexibility if wider improvement scheme implemented).

16.Fulltechnical detailsof theinternal road,access, andpaths through Public Open Space (POS) areas, to adoptable standard to be provided, approved, and implemented.

17.Full technical details of new retaining walls to be provided, approved and implemented.

18.Bin stores to be provided.

19.Highway condition survey to be undertaken.

20.Travel Plan to be provided and implemented.

21.Detailsof cyclestorage perplot tobe provided,approved, and implemented.

22.Constructionphase wastecollection strategyto besubmitted, approved, and adhered to.

23.Contaminated land investigations to be undertaken and remediation /validation undertaken as required.

24.Developmentto beundertaken inaccordance withflood routing strategy.

25.Developmentto beundertaken inaccordance withFlood Risk Assessment, including regrading works and Finished Floor Levels.

26.Fulltechnicaldetails ofthe drainagestrategy tobe provided, approved, and implemented.

27.Detailsof temporarysurface waterdrainage arrangements,during construction, to be provided and adhered to.

28.EcologicalDesign Strategyto achieve11.34 habitatunits and10% gain of hedgerow and river unitson site plus ecological mitigation measures

29.CEMP: Biodiversity to be submitted, approved, and implemented.

30.Lighting strategy (amenity, ecology, and crime mitigation)

31.Nositeclearancewithinthebirdbreedingseason(unless appropriate survey undertaken).


(b)          secure a S106 agreement to cover the following matters:

(i)             Affordable Housing: 5 (7.7% of units) first homes (3xB3T1 and 2x B3T2)

(ii)            Education: £71,848

(iii)          Public Open Space (off-site): £62,058

(iv)          Net Gain (to secure 10% net gain off-site): £180,780

(v)           Sustainable Travel (Bus Pass): £33,248

(vi)          Sustainable Travel (Bus stop improvement): £10,500

(vii)         Sustainable Travel (PROW Improvement): £10,000

(viii)       Travel Plan monitoring: £10,000

(ix)          Managementand maintenance:Public Open Space, drainage(including culverts) and ecological features.

(x)           ViabilityReviewMechanism:Anupdatedviabilityreporttobeprovided tothe Local Planning Authorityat(TBD%)occupation,withadditionalSection106obligation tobe providedif a higher-than-expected profit is achieved.

(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 beensecured;ifso,theHeadofPlanningandDevelopment beauthorisedto 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, Crook, Hall, Pattison, A Pinnock, Sokhal and Thompson (7 votes)

Against: (no votes)


Supporting documents: