1. home and garden

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