Agenda item

Planning Application 2023/91116 - Erection of 77 dwellings, with access from Darley Road and associated works, at land off Primrose Lane, Hightown, Liversedge.

Ward affected: Liversedge and Gomersal

Contact: Nick Hirst, Planning Services

Approval delegated.

The Committee considered Planning Application 2023/91116 in respect of the erection of 77 dwellings, with access from Darley Road and associated works, at land off Primrose Lane, Hightown, Liversedge.

Under the provisions of Council Procedure Rule 36(3), the Committee received a representation on behalf of Councillor David Hall.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Jonathan Ainley (on behalf of the applicant).

RESOLVED -

(1)      That approval of the application and the issuing 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.  Three years to commence development.

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

3.  Material samples to be submitted and approved.

4.  Details of boundary treatment, not to include ‘brick’, to be submitted and approved.

5.  Construction Environmental Management Plan (CEMP), to include dust mitigation, to be submitted, approved, and implemented.

6.  Road condition survey to be submitted and approved.

7.  Details of preliminary street design details to be submitted and approved.

8.  Completion of Estate Street Phasing Plan to be submitted and approved.

9.  Details of management of waste to be submitted and approved.

10.Construction phase waste collection strategy.

11.Vehicle and pedestrian spaces to be laid out.

12. Details of footpaths and Active Travel Links to be submitted and approved.

13.Details travel plan to be submitted and approved.

14. Details of highway retaining walls and structures to be submitted and approved.

15.Details of cycle storage facilities to be provided and approved.

16. Full technical details of the drainage strategy to be provided, approved and implemented.

17. Flood routing strategy to be provided, approved, and implemented.

18. Details of temporary surface water drainage arrangements, during construction, to be provided and adhered to.

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

20. Ecological Design Strategy to secure habitat units on site plus ecological mitigation measures and improvement to woodland.

21. No site clearance within the bird breeding season (unless appropriate survey undertaken).

22. Electric Vehicle Charging Points (EVCP) to be provided and retained.

23. Dust mitigation measures to be implemented during construction.

24. Landscape strategy, to include management and maintenance arrangements, to be provided and implemented.

25. Coal legacy investigation and/or remediation to be undertaken (subject to review of further details).

26. Contamination investigation and/or remediation to be undertaken (subject to review of further details).

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

(i)       Affordable Housing: 15 units (20%) to consist of 8 Affordable Rent (55%) and 7 Intermediate Dwellings (45%), including 5 First Homes (25%).

(ii)       Ecological Net Gain (to secure 10% net gain off-site): £14,467 towards off-site ecological habitat enhancement.

(iii)      Public Open space: Delivery of the on-site Public Open Space, a £1,000 inspection fee, and an off-site contribution to local public open space of £118,220.

(iv)      Education: £118,791 towards education requirements arising from the development.

(v)      Highways: £10,000 towards promoting a Traffic Regulation Order along Darley Road and Ripley Road, including at the Ripley Road / Halifax Road junction.

(vi)      Sustainable travel: £69,385.50 towards Sustainable Travel measures (including £39,385.50 for sustainable travel fund (such as Metrocards), £20,000 towards bus stop improvements (on Halifax Road) and £10,000 towards travel plan monitoring).

(vii)     Management and maintenance: Management and maintenance of on-site Public Open Space in perpetuity, drainage features in perpetuity (unless adopted by Yorkshire Water), and Biodiversity Net Gain measures for a minimum of 30 years.

(2)      That, on receipt of the Intrusive Ground Investigation Report with regard to legacy coal mining and contaminated land, the Head of Planning and Development re-consult with the Coal Authority and Kirklees Council Environmental Health and, thereafter, proceed as follows:

a)       In the scenario where the report concludes there is no conflict with plots 06, 07 and/or 10, determine the application as set out in (1) above.

b)       In the scenario where the report concludes that there is a conflict with plots 06, 07 and/or 10, which cannot be remediated to the satisfaction of the Local Planning Authority (advised by the Coal Authority and/or Kirklees Council Environmental Health), amend the proposal to remove the plot(s) in conflict. Thereafter, complete the list of conditions, including those contained within this report as set out in (1) above, and secure a Section 106 agreement (with the contributions as set out in (1) above recalculated, pro-rata, to account for the reduced housing provision).

(3)      That, 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; and 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 set out below:

For: Councillors Armer, Homewood, Lawson, Pinnock and Sokhal (5 votes)

Against: No votes