Minutes of Previous Meeting PDF 178 KB
Transcription
Minutes of Previous Meeting PDF 178 KB
PA7 Contact Officer: Andrea Woodside KIRKLEES COUNCIL PLANNING SUB-COMMITTEE (HEAVY WOOLLEN AREA) Thursday 19 March 2015 Present: Councillor Kane (in the Chair) Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Holmes, Lawson, S Patel, A Pinnock, C Scott, Sokhal, Stubley, G Turner and Ward 1 Membership of the Sub-Committee Councillor Bellamy substituted for Councillor Taylor. Councillor Sokhal substituted for Councillor Rowling. 2 Minutes of Previous Meeting RESOLVED – That the Minutes of the meeting held on 5 February 2014 be approved as a correct record. 3 Interests and Lobbying Councillors Akhtar, Barraclough, Greaves, S Hall, Holmes, Kane, Lawson, S Patel, A Pinnock, C Scott, Stubley, G Turner and Ward advised that they had been lobbied on Applications 2014/91699, 2014/91711, 2014/93510, 2015/90080 and 2014/93332. Councillor A Pinnock declared an ‘other’ interest in Application 2014/93414 on the grounds that he is Chair of Kirklees Historic Buildings Trust. Councillor G Turner declared an ‘other’ interest in this application in his capacity as Director of Kirklees Historic Buildings Trust. Councillor Kane advised that he had been lobbied on this application. Councillor Ward declared a ‘Disclosable Pecuniary Interest’ in Applications 2014/91699, 2014/91711, 2014/93510, 2015/90080 and 2014/93332, on the grounds that she is the owner of provisional open land, and left the meeting during the consideration of these applications. 4 Admission of the Public It was noted that all agenda items would be considered in public session. 5 Deputations/Petitions No deputations or petitions were received. 1 6 Public Question Time The Sub Committee received a question from Mr Philip Reynolds in relation to the process for the consideration of Application 2014/91699. The Chair replied thereto. 7 8 Site Visits The Sub Committee undertook site visits to the following application sites. (a) Application 2014/91646 - Change of use of working mens club to a mixed use comprising micro-brewery, public bar and manager's apartment; associated external alterations including coolers and external flue; and formation of car park at Phoenix Whirlpools Ltd, 589 Halifax Road, Hightown, Liversedge (b) Application 2014/93414 - Alterations to barn to create dwelling, including partial rebuild of 11 Wellhouse Farmhouse roof and party wall, demolition of outbuildings, erection of detached dwelling, erection of two carports and associated landscaping at Farm Barn, Wellhouse, Mirfield Local Planning Authority Appeals The Sub Committee received a report which set out details of decisions that had been taken by the Planning Inspectorate in respect of appeals submitted against decisions of the Local Planning Authority. RESOLVED - That the report be noted. 9 Proposed extinguishment of part of public footpath Kirkburton 125 at Shelley Stores, Westerley Way, Shelley The Sub Committee received a report which sought approval for the extinguishment of part of public footpath Kirkburton 125 at Westerley Way, Shelley. The report advised that the application had been received from the former store owner, Mr G Sanderson, and sought the extinguishment of part of public footpath Kirkburton 125 under Section 118 of the Highway Act 1980 on the grounds that it is not needed for public use. The report indicated that the footpath was currently obstructed at Shelley Stores and that this application had been made in lieu of immediate enforcement action in line with the Council's Public Rights of Way Enforcement Policy on longstanding major obstructions. RESOLVED - That the Assistant Director – Legal, Governance and Monitoring, be authorised to make and seek confirmation of an Order under Section 118 of the Highways Act 1980 to extinguish part of public footpath Kirkburton 125 at Westerley Way, Shelley. In accordance with Council Procedure Rules a recorded vote was taken on this item as follows; 2 FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Holmes, Kane, Lawson, S Patel, A Pinnock, C Scott, Sokhal, Stubley, G Turner and Ward (15 Votes) AGAINST: (No Votes) 10 Planning Applications The Sub Committee considered the schedule of Planning Applications. Under the provision of Council Procedure Rule 37, the Sub Committee heard representations from the members of the public in respect of the following applications;(a) Application 2014/91646 - Change of use of working mens club to a mixed use comprising micro-brewery, public bar and manager's apartment; associated external alterations including coolers and external flue; and formation of car park at Phoenix Whirlpools Ltd, 589 Halifax Road, Hightown, Liversedge - Mr Hill and Mrs Lambert (local residents), Councillor D Hall (Local Member) and Mr Halstead (applicant's agent) (b) Application 2014/93955 - Variation condition 2 (plans) on previous permission 2011/90605 for erection of new monastery at Community of the Resurrection, Stocks Bank Road, Mirfield - Mr Halstead (applicant's agent) (c) Application 2014/91699 - Reserved matters application for erection of 200 dwellings at Land to the North of Pilling Lane, Scissett, Huddersfield - Mr Newby (local resident) and Mr Johnson (applicant's agent) (d) Application 2014/91711 - Discharge conditions 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 25, 26, 32 on previous permission 2013/93441 for outline application for the erection of residential development of up to 200 dwellings and associated works including demolition of existing farm building at Land to the north of Pilling Lane, Scissett, Huddersfield - Mrs France and Mr Reynolds (local residents) (e) Application 2014/93332 - Discharge conditions 27 (Arboricultural Method Statement) and 34 (archaeological recording) on previous permission 2013/93441 for outline application for the erection of residential development of up to 200 dwellings and associated works including demolition of existing farm buildings at land adj Pilling Lane/Holly Road/Langley Lane/ Riverside, Scissett, Huddersfield - Mr Reynolds and Mrs Healey (local residents) RESOLVED - That the applications under the Planning Acts included in the list submitted for the consideration by the Sub Committee be determined as now indicated and that the schedule of such decisions be circulated to members. 3 DOC1464 KIRKLEES COUNCIL LIST OF PLANNING APPLICATIONS DECIDED BY PLANNING SUB-COMMITTEE (HEAVY WOOLLEN AREA) 19 MARCH 2015 1 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/91646 N & R Management Services Ltd – Change of use of working mens club to a mixed use comprising micro-brewery, public bar and manager's apartment; associated external alterations including coolers and external flue;and formation of car park – Phoenix Whirlpools Ltd, 589, Halifax Road, Hightown, Liversedge, WF15 8HQ CONDITIONAL FULL PERMISSION (1) The development hereby permitted shall be begun within three years of the date of this permission. (2) The development hereby permitted shall be carried out in complete accordance with the plans and specifications listed in this decision notice, except as may be specified in the conditions attached to this permission, which shall in all cases take precedence. (3) Within 8 weeks of planning permission being granted, delivery and despatch details, including types of vehicles and parking arrangements, to serve the proposed micro brewery, shall be submitted to and approved in writing by the Local Planning Authority. The micro-brewery shall thereafter be operated in accordance with the approved details. (4) Within 3 months of planning permission being granted, all works which form part of the sound attenuation scheme as specified in the Noise Report dated 22/10/2014 produced by Environmental Noise Solutions Limited :(i) shall be completed; and (ii) written evidence to demonstrate that the specified noise levels have been achieved shall be submitted to and approved in writing by the Local Planning Authority. If it cannot be demonstrated that the noise levels specified in the aforementioned Noise Report have been achieved then a further scheme shall be submitted for the written approval of the Local Planning Authority incorporating further measures to achieve those noise levels. All works comprised within those further measures shall be completed and written evidence to demonstrate that the aforementioned noise levels have been achieved shall be submitted to and approved in writing by the Local Planning Authority within 6 months of planning permission being granted and such works shall be retained thereafter. (5) Within 3 months of planning permission being granted, details of a sound insulation scheme designed to protect the amenity of occupants of Buttershaw Lane and no.6 Heights Court, Hightown, Liversedge, from noise emitted from the 2 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/91646 Cont'd application premises (specifically the CKC80 plant located to the rear of the premises) shall be submitted to and approved in writing by the Local Planning Authority. Within 6 months of planning permission being granted the works comprised within the approved sound insulation scheme have been completed and those works shall be retained thereafter. (6) Other than the use of the public bar area, no activities shall be carried out on the premises, outside the hours of 07:00 and 18:00 Monday to Friday; no activities shall take place on Saturdays, Sundays or Bank Holidays. (7) There shall be no deliveries to or dispatches from the premises outside the hours of 08:00 and 16:30 Monday to Friday. No deliveries shall take place on Saturdays, Sundays or Bank Holidays. (8) The Public Bar (A4 use) hereby permitted, shall not be open to customers outside the hours of 10:00 to 23:00 Monday to Sunday. (9) The Public Bar area, including serving bar and toilets, shall not exceed 60 square meters. (10) The parking areas hereby approved shall be used for no other purpose than the parking of vehicles and shall not be used as additional outdoor space in association with the public bar. A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Kane, Lawson, S Patel, A Pinnock, C Scott, Sokhal, Stubley, G Turner and Ward (14 VOTES) AGAINST: (NO VOTES) ABSTAINED: Councillor Holmes 2014/93414 David Hare, D. Hare (Construction) Ltd. – Alterations to barn to create dwelling, including partial rebuild of 11 Wellhouse Farmhouse roof and party wall, demolition of outbuildings, erection of detached dwelling, erection of two carports and associated landscaping – Wellhouse Farm Barn, Wellhouse, Mirfield, WF14 0AN CONDITIONAL FULL PERMISSION (THE SUB COMMITTEE REQUESTED THAT OFFICERS NEGOTIATE THE USE OF NATURAL STONE ON ALL OF THE HOUSE, RATHER THAN TIMBER CLADDING, AND THAT THE APPLICATION BE 3 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93414 Cont'd RESUBMITTED TO A FUTURE MEETING IF THE NEGOTIATIONS ARE NOT SUCCESSFUL) CONDITIONAL FULL PERMISSION SUBJECT TO THE DELEGATION OF AUTHORITY TO OFFICERS TO: (i) IMPOSE ALL NECESSARY AND APPROPRIATE CONDITIONS, WHICH MAY INCLUDE THOSE SET OUT BELOW; AND (ii) SUBJECT TO THERE BEING NO SUBSTANTIVE CHANGES THAT WOULD ALTER THIS RECOMMENDATION, TO ISSUE THE DECISION NOTICE. (1) The development hereby permitted shall be begun within three years of the date of this permission. (2) The development hereby permitted shall be carried out in complete accordance with the plans and specifications listed in this decision notice, except as may be specified in the conditions attached to this permission, which shall in all cases take precedence. (3) Samples of the natural stone and slate to be used as the facing materials of the walls and roofs of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority before development commences (excluding any demolition works). The development shall be constructed of the approved materials and thereafter retained. (4) The materials used for the roofs of the car ports shall in all respects match the slate which is approved pursuant to condition 3 and shall be retained as such. (5) All new and replacement walling to the external boundaries of the site shall be constructed of natural stone which shall in all respects match the existing stone boundary walls. (6) The sightlines onto Wellhouse Lane of 2m x 22m to the southeast of the proposed access and 2 x 60m to the northwest, as shown on approved drawing number 1036-201 Revision A, shall be cleared of all obstructions to visibility exceeding 1.0 metre above the level of the adjoining highway before development commences (excluding any demolition works). These sightlines shall be retained free of any such obstruction thereafter. (7) Notwithstanding the details shown on the submitted plans and information, a scheme for the management of the gated access located to the south of ‘House B’ in order to control the use of the access for emergency purposes only, shall be 4 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93414 Cont'd submitted to and approved in writing by the Local Planning Authority before development commences. The scheme shall include details of how the access shall be controlled and its users. The approved scheme shall be implemented before ‘House B’ is first brought into use and thereafter retained. (8) Prior to the development being brought into use, the approved vehicle parking areas shall be surfaced and drained in accordance with the Communities and Local Government; and Environment Agency’s ‘Guidance on the permeable surfacing of front gardens (parking areas)’ published 13th May 2009 (ISBN 9781409804864) as amended or superseded; and thereafter retained. (9) No development shall take place within the application site boundary as shown on the approved location plan until the applicant, or their agents or successors in title, has secured the implementation of a programme of architectural and archaeological recording of the listed barn building. This recording must be carried out by an appropriately qualified and experienced archaeological consultant or organisation, in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. (10) Development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority. (11) Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved pursuant to condition 10, development shall not commence until a Remediation Strategy has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures. (12) Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved pursuant to condition 11. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered [in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation Report] is identified or encountered on site, all works on site (save for site investigation works) shall cease immediately and the Local Planning Authority shall be notified in writing within 2 working days. Works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to and approved in writing by the Local Planning Authority. Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy. 5 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93414 Cont'd (13) Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy, a Validation Report shall be submitted to the Local Planning Authority. No part of the site shall be brought into use until such time as the remediation measures for the whole site have been completed in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Validation Report in respect of those remediation measures has been approved in writing by the Local Planning Authority. (14) Notwithstanding the provisions of section 55(2)(a)(ii) of the Town and Country Planning Act 1990 and the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking or re-enacting that Order (with or without modification)) no doors, windows or any other openings (apart from those shown on the approved plans) shall be created in the rear (west) elevation of the dwelling identified as House A on the approved plans at any time. (15) Notwithstanding the provisions of section 55(2)(a)(ii) of the Town and Country Planning Act 1990 and the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking or re-enacting that Order (with or without modification)) no doors, windows or any other openings shall be created at first floor level in the west (side) elevation of Wellhouse Farm Barn (House B) at any time. (16) The timber privacy fence adjacent to the west facing kitchen / dining windows of Wellhouse Farm Barn (House B), as indicated on approved drawing number 1036-201 Revision A, shall be provided before Wellhouse Farm Barn is first occupied and shall thereafter be retained. (17) The development shall be carried out in complete accordance with paragraphs 23–25 of the approved Bat Survey Report (report reference R-0745-02, prepared by Brooks Ecological, dated October 2014). (18) In the event that Wellhouse Farm Barn is not demolished before October 2016, a bat activity survey shall be carried out on the building and the results of the activity survey shall be submitted to and approved in writing by the Local Planning Authority before any demolition of the building takes place. Where the results of the activity survey demonstrate that bats may be affected by the demolition and it can be demonstrated that a Natural England European Protected Species (EPS) licence will not be required, a written method statement (based on the format of Natural England’s EPS licence application method statement) detailing how the demolition shall be completed without harm to any bats, shall be submitted to and 6 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93414 Cont'd approved by the Local Planning Authority before any works to demolish the dwellinghouse take place. The demolition shall then be carried out in accordance with the approved method statement. (19) Details of two no. bat boxes to be installed on the exterior of the south facing elevation of Wellhouse Farm Barn (House B) shall be submitted to and approved in writing by the Local Planning Authority before the dwelling is first occupied. The approved bat boxes shall be provided before the dwelling is first occupied and thereafter retained. A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Holmes, Kane, Lawson, S Patel, A Pinnock, C Scott, Sokhal, Stubley, G Turner and Ward (15 VOTES) AGAINST: (NO VOTES) 2014/93888 Philip Shenton, Wavin UK Ltd – Variation of condition 3 (waste) on previous permission no. 2012/93497 Application for the importation of inert materials to stabalise the quarry faces and amend the restoration profile, also for the formation of a secondary site access - Bromley Farm Quarry, Barnsley Road, Upper Cumberworth REMOVAL OR MODIFICATION OF CONDITIONS Commencement (1) The development shall be begun not later than the expiration of three years beginning with the date on which permission is granted. (2) The development hereby permitted shall be carried out in complete accordance with the approved plans and specifications except as may be required by other conditions. Time Limits (3) The import of waste to the site shall cease by 31 December 2019 and the site shall be fully restored in accordance with conditions 15 to 23 below by 30 April 2020. Prior Cessation (4) In the event of prior cessation of landfilling operations in excess of a period of twelve months the haul road and any part 7 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93888 Cont'd of the permitted site which has been subject to landfilling but has not been restored in accordance with the terms of this conditional planning permission shall be restored to use for agriculture/nature conservation and woodland within eighteen months of the date of cessation and in accordance with a restoration scheme to be submitted for the prior approval of the Mineral Planning Authority. The scheme shall provide for: (i) The removal of plant and equipment from the site (ii) Backfilling of the quarry void and subsequent even grading of the site to achieve acceptable post restoration gradients having regard to advice contained in para. 36 to 43 of the Technical Guidance to the National Planning Policy Framework. (iii) Plans indicating post restoration ground levels on the site by contour and cross section, areas to be restored to agricultural/nature conservation or woodland, and any hedges, walls or enclosure to be created on the site (iv) Details for soil replacement including depths of subsoil and topsoil to be replaced. (v) Relief of compaction and drainage arrangements (vi) Details for the establishment of a grass sward on areas to be restored for agricultural use (vii) Details for tree planting on areas to be restored to woodland including species of which at least 50% should be broadleaf, size of sapling, spacing, method of planting and means of protection and weed control. Access and Protection of the Public Highway (5) The sole means of vehicular access to and egress from the site shall be as indicated on approved plan no. 10129/502. (6) No commercial vehicles shall enter the access road, which runs between the site entrance and the A635 Barnsley Road, or the public highway from the permitted site unless their wheels and chassis have been cleaned to prevent material being deposited on the access road or highway. (7) All Heavy Goods Vehicle’s importing waste to the site shall have their loads sheeted prior to delivery. (8) No more than an average of 20 loads of waste per day in each working week (Monday – Saturday) shall be imported to the site. 8 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93888 Cont'd (9) No inert waste shall be imported to the site until a scheme has been submitted to and approved in writing by the Mineral Planning Authority which details the proposed measures to upgrade that section of PROW Den/84/10 between points A and B and C and D on Plan No. 10129/502 Rev. A. The approved scheme shall be implemented in full prior to the import of any inert waste to the site. Soil Stripping and Storage (10) All available topsoil shall be stripped from the route of the new access road and stored in 3 metre high screen bunds along the perimeter of the site as indicated on drawing 10129/502 and kept free from contamination and retained for use in the restoration of the site. (11) No plant or vehicles shall cross any areas of unstripped topsoil on the site except for the purposes of stripping operations authorised by condition 10. (12) The soils on site shall not be stripped or moved except when the materials to be moved are dry and it would not be damaged by heavy vehicles and machinery passing over it. (13) The surface and slopes of soil storage mounds shall be evenly graded, seeded, a grass sward established and thereafter regularly mown to control the growth of weeds and rank vegetation. Working Programme (14) Landfilling operations at the site shall be carried out in the successive order of Phases indicated on Plan no. 10129/502. Restoration (15) The site shall be progressively restored in accordance with a detailed scheme submitted to and approved in writing by the Mineral Planning Authority Prior to development commencing on site. The scheme shall provide for: (a) The phasing and direction of the backfilling of the site with imported waste. (b) The removal of plant, buildings and structures, machinery and haul roads. (c) On areas of the site to be restored for agriculture a minimum combined depth of 0.5 metres of topsoil, subsoil and subsoil forming materials shall be placed on the surface of the final waste deposit. 9 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93888 Cont'd (d) the ripping of any compacted layers of final cover on the backfilled waste deposit to ensure adequate drainage and aeration before the spreading of topsoil. (e) planting works to be carried out in accordance with the Restoration and Aftercare Report and Supplementary Report produced by C.B. Land Consultancy Ltd. (f) a land drainage scheme for the restored land to be implemented after the completion of settlement (g) the removal of all redundant soil storage mounds. (h) new fences, gates and stiles to be in the local style. (i) a detailed programme of the implementation of the above works. The approved works shall thereafter be retained. (16) Imported waste shall not be stored so as to project above the level of the surrounding land. (17) After imported waste has been deposited in each worked out cut it shall be evenly graded and ripped to relieve compaction to a depth of 800mm at I metre spacing using a winged tinner. The Mineral Planning Authority shall be informed when this condition has been complied with and shall be given the opportunity to inspect the surface before further restoration work is carried out. Replacement Soils (18) Soil shall only be respread when it is dry, and the ground onto which it is to be spread is firm and supportive and the material can be handled without undue compaction and structural damage. (19) The Mineral Planning Authority shall be notified upon the completion of the works required by condition 18 and shall be given the opportunity to inspect the completed works before further restoration work is carried out. Tree Planting/Pasture Seeding (20) All areas of the site which have been backfilled shall be restored in accordance with Plan no 10129/504 Rev A and the Restoration and Aftercare Report and Supplementary Report produced by C.B. Land Consultancy Ltd. within 12 months of the completion of backfill and the spreading of topsoil or the 30 April 2018 which ever is the sooner. 10 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93888 Cont'd (21) All tree planting at the site shall be carried out only during the period between 1 November and 31 March of the subsequent year. (22) Any tree or shrub which becomes damaged, diseased or fails within the first 5 years after planting shall be replaced in the next available tree planting season. (23) The restoration of the land shall include a land drainage system the details of which shall be approved in writing by the Mineral Planning Authority prior to its installation. Aftercare (24) An outline aftercare scheme requiring such steps as may be necessary over the aftercare period of five years to bring each restoration phase of the site reclaimed under Condition nos. 15 to 23 to the required standard for use for agriculture/nature conservation and woodland shall be submitted to and approved in writing by the Mineral Planning Authority at least 3 months prior to the completion of replacement of all restoration soils on any phase of the permitted development site and thereafter fully implemented. (25) The aftercare scheme submitted in accordance with Condition no.24 above shall provide an outline strategy which shall identify who is responsible for carrying out the aftercare, broadly outline the steps to be carried out in the aftercare period and their timing within the overall programme, include all areas subject to aftercare on an accompanying map with separate demarcation of any areas having different aftercare periods or management proposals and shall comply with the requirements identified in para. 44 to 48 of the Technical Guidance to the National Planning Policy Framework. (26) Following compliance with Condition 24 above a detailed annual aftercare programme shall be submitted to the Mineral Planning Authority before 31 August during the remainder of the aftercare period. The programme submitted shall amplify the outline strategy for aftercare work to be carried out in the forthcoming year, include any modifications to the original proposals and shall comply with the requirements identified in para. 44 to 48 of the Technical Guidance to the National Planning Policy Framework. The approved scheme shall thereafter be fully implemented. (27) Every year during the aftercare period, the developer shall arrange a site meeting to be held before 30th November to discuss the report prepared in accordance with Conditions nos. 26 above to which the following parties shall be invited: 11 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93888 Cont'd (a) The Mineral Planning Authority (b) All owners of land within the site (c) DEFRA (d) Natural England Protection of Amenity (28) No activities, including the import of waste to the site, shall take place outside the hours of: Monday to Friday 07:30 to 18:00 hours Saturday 07:30 to 13:00 hours With no working on Sundays or Public/ Bank Holidays. (29) Noise produced by temporary operations including the construction of screening bunds and soil stripping shall not exceed 70dB LAeq(1hour) for over 8 weeks in any 52 week period when measured at any noise sensitive property. (30) Noise produced by landfilling operations excluding those activities referred to in condition 29 above shall not exceed 55 dB LAeq (1 hour) when measured at any noise sensitive property (31) The site shall only be operated in accordance with the noise management proposals detailed in Section 4.3 of the supporting statement produced by Silkstone Environmental. (32) The site shall only be operated in accordance with the dust management proposals detailed in Section 4.4 of the supporting statement produced by Silkstone Environmental. (33) Vehicles or plant travelling on internal haul roads shall not at any time exceed a maximum speed limit of 10 mph. (34) Notwithstanding the provisions of parts 19 and 20 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order amending, replacing or re-enacting that Order) no fixed plant or machinery, buildings or structures and erections, or private ways which would project above natural ground levels shall be erected, extended, installed or replaced at the site. (35) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of the interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses shall be located within the bund. The drainage 12 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93888 Cont'd system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank overflow pipes outlets shall be detailed to discharge downwards into the bund. A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Holmes, Kane, Lawson, S Patel, A Pinnock, C Scott, Sokhal, Stubley, G Turner and Ward (15 VOTES) AGAINST: (NO VOTES) 2014/92613 Mr Ashiq Hussain – Variation condition 2 (plans) on previous permission 2012/90468 for erection of extension (modified proposal) – Ravensthorpe WMC, Huddersfield Road, Ravensthorpe, Dewsbury, WF13 3ET REMOVAL OR MODIFICATION OF CONDITION(S) (IT WAS REQUESTED THAT ENFORCEMENT ACTION BE TAKEN AS APPROPRIATE IN RELATION TO THE LIGHTING AT THE PREMISES) GRANT VARIATION OF CONDITION (1) Within 3 months of the date of this permission, the works indicated on the approved plans (referenced 1125-03 and 112504) shall be carried out and shall thereafter be retained. (2) The external walls of the extension hereby approved shall be finished with render with a smooth finish and of a local stone colour before the extension is first brought into use. The external facings of the development shall be so retained thereafter. (3) The roofing materials of the extension located on the northern elevation shall match those used on the original part of the building. (4) Within 3 months of the date of this permission, the proposed car park hereby approved shall be laid out, surfaced, marked out into bays and drained in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. (5) The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures detailed within the FRA: 13 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/92613 Cont'd - Finished floor levels are set no lower than 900mm above existing floor levels. (6) The use hereby permitted shall not be open to customers outside the hours of 1200 to 1600 on Saturdays, Sundays and Bank Holidays with no opening to customers Monday to Friday. A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Holmes, Kane, Lawson, S Patel, A Pinnock, C Scott, Sokhal, Stubley, G Turner and Ward (15 VOTES) AGAINST: (NO VOTES) 2014/93955 The Community of the Resurection – Variation condition 2 (plans) on previous permission 2011/90605 for erection of new monastery – Community Of The Resurrection, Stocks Bank Road, Mirfield, WF14 0BN REMOVAL OR MODIFICATION OF CONDITION(S) GRANT VARIATION OF CONDITION (1) The development shall be begun not later than the expiration of three years beginning with the date on which permission is granted. (2) The development hereby permitted shall be carried out in complete accordance with the approved plans except as may be required by other conditions. (3) No development shall take place until samples of all facing and roofing materials has been submitted to and approved in writing by the Local Planning Authority, and the development shall be constructed of the approved materials. (4) Before development commences details of the materials of the glazing (including the rooflights),doors, glazed link and balconies of the monastery shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details which shall be retained thereafter. (5) Before any materials are brought on site or development commences, the developer shall erect protective chestnut paling or similar fencing around all trees, shrubs or hedges to be retained, to the branch spread of individual trees or groups of trees/shrubs. The applicant shall obtain the Local Planning 14 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93955 Cont'd Authority’s written confirmation that the fence is satisfactory and shall maintain such fencing unaltered until the development is completed. (6) Prior to felling of the whitebeam tree (marked T24 on the tree survey prepared by ECUS dated June 2010) a method statement indicating how this tree is to be felled and further bat survey work (in the form of an activity survey) detailing bat mitigation measures shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with recommendations of the method statement and bat activity survey. (7) Before development commences details of the location for 3 bat boxes (suitable for use by noctule bats) and 12 bird boxes (3 swift, 3 house sparrow, 3 starling, 3 spotted flycatcher boxes) to be positioned within the red line boundary of the application site shall be submitted to and approved in writing by the Local Planning Authority. The boxes shall be installed before the monastery is occupied in accordance with the approved details and shall be retained thereafter. (8) The removal of vegetation should be undertaken outside of the bird breeding season March to August inclusive. If any work is to be carried out in this period, a nest search by a suitably qualified ecologist shall be undertaken immediately preceding the works. If any active nests are present work which may cause destruction of nests or disturbance of resident birds must cease until the young have fledged. (9) Development shall not commence until a scheme detailing landscaping, tree/shrub planting, including the provision of native tree and shrub species; indication of all existing trees and hedgerows on and adjoining the site; details of any to be retained, together with measures for their protection in the course of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail the phasing of the landscaping and planting. The development and the works comprising the approved scheme shall be implemented in accordance with the approved phasing. The approved landscaping scheme shall, from its completion, be maintained for a period of five years. If, within this period, any tree, shrub or hedge shall die, become diseased or be removed, it shall be replaced with others of similar size and species. (10) Before development commences a lighting scheme detailing the levels of light to be emitted from the monastery and the impact of light on bat foraging and roosting opportunities in the application site boundary shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. 15 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93955 Cont'd (11) Before development commences details of the surfacing treatment and drainage of the access, turning and parking areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details, such surfacing and drainage works shall be carried out before the new monastery is brought into use and retained thereafter. (12) Development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority. (13) Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved pursuant to condition 12 development shall not commence until a Remediation Strategy has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures. (14) Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved pursuant to condition 13. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered [in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation Report] is identified or encountered on site, all works on site (save for site investigation works) shall cease immediately and the Local Planning Authority shall be notified in writing within 2 working days. Unless otherwise approved in writing by the Local Planning Authority, works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to and approved in writing by the Local Planning Authority. Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy. (15) Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. Unless otherwise approved in writing by the Local Planning Authority, no part of the site shall be brought into use until such time as the remediation measures for the whole site have been completed in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Validation Report in respect of those remediation measures has been approved in writing by the Local Planning Authority. NOTE: All contamination reports shall be prepared in accordance with CLR11 PPS23 and the Council’s Advice for 16 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93955 Cont'd Development documents or any subsequent revisions of those documents. NOTE: The granting of planning permission does not authorise the carrying out of works within the highway, for which the written permission of the Council as Highway Authority is required. You are required to consult the Design Engineer (Kirklees Street Scene: 01484 414700) with regard to obtaining this permission and approval of the construction specification. Please also note that the construction of vehicle crossings within the highway is deemed to be major works for the purposes of the New Roads and Street Works Act 1991 (Section 84 and 85). Interference with the highway without such permission is an offence which could lead to prosecution. NOTE: Bats are known to occur in this area and may use these structures for roosting. All structures should be surveyed, by a suitably experienced and licensed surveyor for evidence of use by bats. If bats are found to use these structures DEFRA will need to be contacted. All species of bat in Britain are protected under UK and European legislation (Wildlife and Countryside Act 1981 and the Conservation (Natural Habitats &c.) Regulations 1994. It is illegal to kill, injure or disturb bats, obstruct access to bat roosts or damage or disturb bat roosts. Under the law, a roost is any structure or place used by bats for shelter or protection. Because bats tend to re-use the same roosts year after year, the roost is protected whether or not bats are present at the time. NOTE: To minimise noise disturbance at nearby premises it is generally recommended that activities relating to the erection, construction, alteration, repair or maintenance of buildings, structures or roads shall not take place outside the hours of: 07.30 and 18.30 hours Mondays to Fridays 08.00 and 13.00hours , Saturdays With no working Sundays or Public Holidays In some cases, different site specific hours of operation may be appropriate. Under the Control of Pollution Act 1974, Section 60 Kirklees Environment andTransportation Services can control noise from construction sites by serving a notice. This notice can specify the hours during which work may be carried A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, 17 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93955 Cont'd S Hall, Holmes, Kane, Lawson, S Patel, A Pinnock, C Scott, Sokhal, Stubley, G Turner and Ward (15 VOTES) AGAINST: (0 VOTES) 2014/93887 Mr & Mrs D Hall – Erection of side, rear and front extension – 44, Sunnyside Avenue, Roberttown, Liversedge, WF15 7NW CONDITIONAL FULL PERMISSION (1) The development shall be begun not later than the expiration of three years beginning with the date on which permission is granted. (2) The development hereby permitted shall be carried out in complete accordance with the plans and specifications listed in this decision notice, except as may be specified in the conditions attached to this permission, which shall in all cases take precedence. (3) The external walls and roofing materials of the extension hereby approved shall in all respects match those used in the construction of the existing building. (4) The development shall not be occupied until the bathroom/en suite window in the western elevation of the extension facing 46 Sunnybank Avenue hereby approved have been obscure glazed. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking or re-enacting that Order) the obscure glazing shall thereafter be retained. A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Holmes, Kane, Lawson, S Patel, A Pinnock, C Scott, Sokhal, Stubley, G Turner and Ward (15 VOTES) AGAINST: (NO VOTES) 2014/91699 Redrow Homes Ltd & Portman Land Ltd – Reserved matters application for erection of 200 dwellings – Land to the North of, Pilling Lane, Scissett, Huddersfield, HD8 9JF RESERVED MATTERS APPROVAL SUBJECT TO THE DELEGATION OF AUTHORITY TO OFFICERS TO: (i) RESOLVE DETAILS OF LANDSCAPING, 18 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/91699 Cont'd (ii) IMPOSE ALL NECESSARY AND APPROPRIATE CONDITIONS TO ADDRESS ISSUES INCLUDING THOSE SET OUT BELOW AND (iii) SUBJECT TO THERE BEING NO SUBSTANTIVE CHANGES THAT WOULD ALTER THE RECOMMENDATION TO ISSUE THE DECISION NOTICE. (1) Removal of permitted development rights for windows and extensions on identified plots to ensure compliance with Unitary Development Plan policy BE12 and protect the setting of public footpaths (2) Retention of the approved landscaping scheme (3) Details of boundary treatment (4) Submission of samples of materials (5) Highway design details. (6) Details of surface materials of public footpaths GRANT VARIATION OF CONDITION A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Kane, Lawson, S Patel, A Pinnock, Sokhal and Stubley, (11 VOTES) AGAINST: (NO VOTES) ABSTAINED: Councillors C Scott and G turner (2 VOTES) 2014/91711 Redrow Homes Ltd and Portman Land Ltd – Discharge conditions 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 25, 26, 32 on previous permission 2013/93441 for outline application for the erection of residential development of up to 200 dwellings and associated works including demolition of existing farm building – Land to the north of Pilling Lane, Scissett, Huddersfield, HD8 9JF DELEGATE TO OFFICERS TO APPROVE (1) That the applicant is informed that the details submitted for the purposes of conditions 8, 10, 14, 17, 19, 25 & 26 are acceptable however, as the restrictions continue to apply for the all or part of life of the development this decision does not discharge their requirements. 19 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/91711 Cont'd (2) That the applicant is informed that the purposes of condition 11 will be met subject to pumped discharge of foul water to the public combined sewer being restricted to no more than 50 properties at a rate not exceeding 5 litres per second; the remainder to be drained by gravity and this being agreed with Yorkshire Water under S104 of the Water Industry Act 1991. As the condition requires the development to be undertaken and retained in accordance with the terms of the condition this decision does not discharge the condition. (3) That the applicant is informed that the requirements of conditions13, 15 & 18 are restrictions for the life of the occupancy of the dwellings and therefore cannot be discharged. (4) Delegation of authority to Officers to issue agreement regarding condition 9 subject to the submission and agreement of further planting and maintenance details and condition 32 subject to the submission and agreement of final details of the mitigation strategy relating to bats. A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Greaves, S Hall, Kane, Lawson, S Patel, A Pinnock, C Scott and Sokhal (10 VOTES) AGAINST: (NO VOTES) ABSTAINED: Councillors Bellamy, Stubley and G Turner 2014/93510 Redrow Homes Ltd and Portman Land Ltd – Discharge conditions 20 (charging plug-in) and 35 (site clearance and construction traffic) on previous permission 2013/93441 for outline application for the erection of residential development of up to 200 dwellings and associated works including demolition of existing farm buildings – land adj Pilling Lane/Holly Road/Langley Lane/ Riverside, Scissett, Huddersfield, HD8 9JF DELEGATE TO OFFICERS TO APPROVE (1) That the applicant is informed that the details submitted for the purposes condition 20 are acceptable and the condition can be discharged upon the provision of the approved facilities in each property as shown on the submitted layout plan. (2) That the applicant is informed that the details submitted for the purposes of condition 35 are acceptable however, the requirements are for the agreed scheme to be operated for the life of the construction period and the condition cannot be discharged. 20 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93510 A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Greaves, S Hall, Kane, Lawson, S Patel, A Pinnock, C Scott and Sokhal (10 VOTES) AGAINST: (NO VOTES) ABSTAINED: Councillors Bellamy, Stubley and G Turner 2015/90080 Redrow Homes Ltd and Portman Land Ltd – Discharge conditions 16 (surface water) and 28 (drainage) on previous permission 2013/93441 outline application for erection of residential development of up to 200 dwellings and associated works including demolition of existing farm building – land adj Pilling Lane/Holly Road/Langley Lane/ Riverside, Scissett, Huddersfield, HD8 9JF DELEGATE TO OFFICERS TO APPROVE (1) That the applicant is informed that the details submitted for the purposes of condition 16 are acceptable to this Authority however, the condition is not fully discharged until the agreed scheme has been completed. (2) That the applicant is informed that details submitted for the purposes of condition 28 are not sufficient. Agreement of the details is issued subject to the delegation of authority to officers to resolve these matters and issue agreement. However, the condition cannot be discharged as it requires the agreed details to be completed prior to the occupation of the dwellings and retain thereafter. A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Kane, Lawson, S Patel, A Pinnock, C Scott, Stubley and Sokhal (12 VOTES) AGAINST: (NO VOTES) ABSTAINED: Councillor G Turner 2014/93332 Redrow Homes Limited & Portman Land Ltd - Discharge conditions 27 (Arboricultural Method Statement) and 34 (archaeological recording) on previous permission 2013/93441 for outline application for the erection of residential development of up to 200 dwellings and associated works including demolition of existing farm buildings - land adj Pilling Lane/Holly Road/Langley Lane/ Riverside, Scissett, Huddersfield, HD8 9JF 21 APPLICATION NO. DESCRIPTION, LOCATION OF PROPOSAL AND DECISION 2014/93332 Cont'd DELEGATE TO OFFICERS TO APPROVE (1) That the applicant is informed that the details submitted for the purposes of condition 34 are acceptable to this Authority however, the condition is not fully discharged until the agreed scheme has been completed. (2) That the applicant is informed that details submitted for the purposes of condition 27 are not sufficient pending the agreement of an approved layout. Agreement of the details is issued subject to the delegation of authority to Officers to resolve these matters and issue agreement. However, the condition cannot be discharged as it requires the agreed details to be completed prior to the occupation of the dwellings and retained thereafter. A RECORDED VOTE WAS TAKEN IN ACCORDANCE WITH COUNCIL PROCEDURE RULES AS FOLLOWS; FOR: Councillors Akhtar, Barraclough, Bellamy, Greaves, S Hall, Kane, Lawson, S Patel, A Pinnock, C Scott, Stubley and Sokhal (12 VOTES) AGAINST: (NO VOTES) ABSTAINED: Councillor G Turner 22