Report of the Strategic Director of Place to the meeting of the Area Planning Panel (KEIGHLEY AND SHIPLEY) to be held on 18 October 2017 F

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1 Report of the Strategic Director of Place to the meeting of the Area Planning Panel (KEIGHLEY AND SHIPLEY) to be held on 18 October 2017 F Summary Statement - Part Two Miscellaneous Items No. of Items Decisions made by the Secretary of State - Allowed (4) Decisions made by the Secretary of State - Withdrawn (1) Decisions made by the Secretary of State - Dismissed (10) Decisions made by the Secretary of State - Part (1) Allowed 367 Fell Lane, Keighley, BD22 6DB. Dawat Lounge, Bradford Road, Keighley, BD21 4EB Julian Jackson Assistant Director (Planning, Transportation and Highways) Report Contact: Mohammed Yousuf Phone: Portfolio: Regeneration, Planning & Transport Improvement Committee Area: Regeneration and Economy mohammed.yousuf@bradford.gov.uk

2 DECISIONS MADE BY THE SECRETARY OF STATE Appeal Allowed ITEM WARD LOCATION A Ilkley (ward 14) 110 Skipton Road Ilkley Construction of detached carport with office above plus associated works - Case No: 16/07296/HOU Appeal Ref: 17/00073/APPHOU B C Bingley (ward 02) Wharfedale (ward 26) 18 The Orchards Bingley BD16 4AZ Construction of detached dwelling and garage - Case No: 16/06681/FUL Appeal Ref: 17/00036/APPFL2 9 Barrowby Close Menston Ilkley LS29 6EA Construction of detached dwelling with associated parking - Case No: 16/08866/FUL Appeal Ref: 17/00061/APPFL2 D Ilkley (ward 14) Beacon House Riverside Business Park Dansk Way Ilkley LS29 8JZ Removal of condition 2 of planning permission 15/02269/FUL dated : Change of use from business (B1) to assembly and leisure (D2) - Case No: 16/08743/VOC Appeal Ref: 17/00043/APPVO2 Appeal Dismissed ITEM No. WARD LOCATION E Keighley Central (ward 15) 10 High Street Keighley BD21 2AA Retention of shop front, retractable canopy and mounted roller shutter - Case No: 16/09168/FUL Appeal Ref: 17/00048/APPFL2

3 ITEM No. WARD LOCATION F G Keighley Central (ward 15) Bingley Rural (ward 03) 10 High Street Keighley BD21 2AA Retrospective application for shop fascia sign - Case No: 16/09219/ADV Appeal Ref: 17/00049/APPAD2 11 Ferrands Park Way Harden Bingley BD16 1HZ Raising of roof height and construction of two storey extensions to front, side and rear - Case No: 16/08787/HOU Appeal Ref: 17/00086/APPHOU H Ilkley (ward 14) 13 Parish Ghyll Road Ilkley Change of use from garage and store to studio dwelling with integral garage - Case No: 16/04451/FUL Appeal Ref: 17/00033/APPFL2 I J K Bingley (ward 02) Shipley (ward 22) Shipley (ward 22) 17 Dene Bank Bingley BD16 4AR Elevated wood deck over rockery - Case No: 17/00319/HOU Appeal Ref: 17/00067/APPHOU 253 Bingley Road Shipley BD18 4DW Installation of fence of 1.8 metres high x 4.6 metres wide x 10 centimetres depth - Case No: 17/00451/HOU Appeal Ref: 17/00064/APPHOU 4 Bingley Road Shipley BD18 4RJ Retrospective planning application for a fence at the front of the property. - Case No: 16/09596/HOU Appeal Ref: 17/00066/APPHOU

4 ITEM No. WARD LOCATION L Craven (ward 09) Building At Grid Ref Hayhills Lane Silsden Change of use of agricultural building and land to residential use (C3): 1 dwelling - Case No: 16/09213/PAR Appeal Ref: 17/00032/APPPAR M N Baildon (ward 01) Shipley (ward 22) Farmhouse Raines Farm Glovershaw Lane Baildon BD16 3AR Modifications to roof and construction of upper floor of farmhouse (Variation 1) - Case No: 16/09599/HOU Appeal Ref: 17/00044/APPHOU Land South Of 64 Saltaire Road Shipley Construction of detached building comprising of A2 office and dwelling combined - Case No: 16/07679/FUL Appeal Ref: 17/00060/APPFL2 Appeals Upheld There are no Appeal Upheld Decisions to report this month Appeals Upheld (Enforcements Only) There are no Appeal Upheld Decisions to report this month Appeal Withdrawn ITEM No. WARD LOCATION O Worth Valley (ward 29) Land At Westfield Farm Tim Lane Oakworth Keighley BD22 7SA Change of use of agricultural building and adjoining land to residential use (C3): one dwelling - Case No: 17/02915/PAR Appeal Ref: 17/00087/APPPAR

5 Appeal Allowed in Part/Part Dismissed ITEM No. WARD LOCATION P Keighley Central (ward 15) Mother Hubbards Bradford Road Keighley BD21 4EB Retrospective application for new shopfront, entrance steps and access ramp - allowed on appeal. External roller shutters - dismissed on appeal. - Case No: 17/00019/FUL Appeal Ref: 17/00068/APPFL2

6 17/05513/PNH 367 Fell Lane Keighley BD22 6DB

7 18 October 2017 Item: Q Ward: Keighley West Recommendation: TO BE CONFIRMED Application Number: 17/05513/PNH Type of Application/Proposal and Address: Prior Notification in respect of Part 1 Class A (g) permitted development rights for a larger home extension at 367 Fell Lane, Keighley, BD22 6DB. Proposal Construction of conservatory to rear of the following dimensions (as amended): Depth of proposed extension from rear wall: 3.5 metres Maximum height of proposed extension: metres Height to eaves of proposed extension: metres Applicant: Mr and Mrs Warburton Agent: Coral Windows (Bradford) Limited Site Description: The site is a semi-detached dwelling situated on the south side of Fell Lane in a suburban residential area in west Keighley. The site is level. Relevant Site History: None relevant. The National Planning Policy Framework (NPPF): The National Planning Policy Framework is now a material planning consideration on any development proposal. The Framework highlights the fact that the purpose of the planning system is to contribute to the achievement of sustainable development and that there is a presumption in favour of sustainable development which can deliver:- i) Planning for prosperity (an economic role) - by ensuring that sufficient land of the right type and in the right places is available to allow growth and innovation; ii) Planning for people (a social role) - by promotion of strong, vibrant and healthy communities by providing an increase supply of housing to meet the needs of present and future generations and by creating a good quality built environment with accessible local services; iii) Planning for places (an environmental role) - by protecting and enhancing the natural, built and historic environment, adapting to climate change including moving to a lowcarbon economy.

8 As such the Framework suggests local planning authorities should approve development proposals that accord with statutory plans without delay. Replacement Unitary Development Plan (RUDP): Allocation Unallocated. Proposals and Policies DS1 Achieving Good Design DS3 Urban Character DS4 Streets and Movement DS5 Safe and Inclusive Places Householder Supplementary Planning Document. Parish Council: Keighley Town Council: Any comments will be reported. Publicity and Number of Representations: Publicised by Neighbour Notification letters. Summary of Representations Received: None received at the time of report. Consultations: None. Summary of Main Issues: Whether the proposal falls within the restrictions relating to permitted development for larger single storey rear extensions. Appraisal: This is a prior notification application for a single storey conservatory extension to the rear of a semi-detached dwelling. It would project 3.5 metres from the back wall of the original house. Permitted development rights for larger home extensions Under the modified permitted development rights given for larger home extensions, the Town and Country Planning (General Permitted Development) (England) Order 2015, gives permitted development rights to extend beyond the rear wall of an original dwelling house by up to 6 metres in the case of a semi-detached house. This is subject to a number of other criteria. With regard to these criteria, it is confirmed that for this particular property: 1. Permitted development rights have not been removed from the property by any previous planning conditions. 2. As a result of the proposed extension, the total area of ground covered by buildings within the curtilage of the dwelling house (other than the original dwellinghouse) will not exceed 50% of the total area of the curtilage.

9 3. The extension would not have a height which would exceed the height of the highest part of the roof of the existing dwellinghouse. 4. The height of the eaves of the extension would not exceed the height of the eaves of the existing dwellinghouse. 5. The enlarged part of the dwellinghouse would not extend beyond a wall which fronts a highway and forms the side elevation of the original dwellinghouse. 6. The extension would not exceed 4 metres in height 7. The height of the eaves would not exceed 3 metres in height. 8. The site is not in a conservation area, nor on a site of special scientific interest. The conservatory therefore qualifies for consideration under the larger home extensions scheme. As it would project more than 3.0 metres but less than 6.0 metres, it complies with the conditions, limitations or restrictions applicable to development permitted by Class A which exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g). The Prior Notification Procedure To benefit from these permitted development rights, the applicant must first give prior notification of the proposal to the Local Planning Authority. Before beginning the development the developer must provide information to the local planning authority regarding the dimensions of the proposed extension. The local planning authority must then notify each adjoining owner or occupier about the proposed development by serving on them a notice which describes the proposed development and specifies the date (being not less than 21 days from the date of the notice) by which representations are to be received. Options (i) If no objections referring to amenity issues have been received from the owner or occupier of any adjoining premises within the 21 day period, the development can proceed in accordance with the details notified to the local planning authority as its prior approval is not required. (ii) Where any owner or occupier of any adjoining premises objects to the proposed development, the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises. (iii) If upon the expiry of 42 days following the date on which the notification was received, the local planning authority has not notified the developer as to whether prior approval is given or refused, the development can proceed in accordance with the details notified to the local planning authority. Appraisal In this instance notification to adjoining neighbours was given on 26 September with until 17 October 2017 for neighbour objections on grounds of amenity to be lodged. The Panel will be updated on the day of the meeting as to whether objections have been received.

10 If objections have been received, and Prior Approval does need to be given, the local planning authority must take into account any representations made as a result of the notice given and consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations. The Panel will be updated as regards (a) whether objections have been received, and (b) the significance of the concerns on amenity grounds that are raised and Officers will make recommendations verbally as regards whether the local planning authority should refuse or grant prior approval unconditionally, or grant prior approval subject to conditions reasonably related to the impact of the proposed development on the amenity of any adjoining premises. 42 days from notification expires on 03 November If the Local Planning Authority has not decided to intervene by that date, the development can proceed unchallenged. The development must be completed on or before 30th May Community Safety Implications: There are no community safety implications. Equality Act 2010, Section 149: In writing this report due regard has been taken of the need to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between different groups and foster good relations between different groups. It is not however considered that that any issues with regard thereto are raised in relation to consideration of this application. Conditions of Approval: Not known at present.

11 15/07198/FUL Dawat Lounge Bradford Road Keighley BD21 4EB

12 18 October 2017 Item: R Ward: Keighley Central Recommendation: (1) That the Local Government Ombudsman s findings are noted, and (2) That the Panel considers the need for any further action, or to amend records. Application Number: 15/07198/FUL Type of Application/Proposal and Address: This report concerns the consideration at panel of a previous full planning application for construction of new two-storey building with five ground floor retail units and five first floor apartments including landscaping and external at Dawat Lounge, Bradford Road, Stockbridge, Keighley. Applicant: Mr Abdul Kuddus Original Application Agent: Michael Ainsworth Agent for this Matter: Roger Lee Details: The above application was presented to the Area Planning Panel (Keighley and Shipley) on 16 August 2016, officers recommending that it be refused due its failure to address flood risk; a copy of the original report is attached at Appendix 1. In the section of the report dealing with highway safety and the adequacy of car parking arrangements for the proposed as well as the exiting development on the site, the Case Officer s report referred to a gross floor area for the existing takeaway/restaurant at the site that was lower than that identified by an objector. The incorrect floor space figure had been presented in a Highway consultant s report submitted by the applicant. The objector claimed that acceptance of this has a consequence for car parking provision. Although the Case Officer was aware of the objector s challenge that the figure was incorrect and had discussed this with the Council s Highway Officer, this was not specifically mentioned in the report to the Panel. At the time, it was considered that there was no reason to insist on provision that more parking spaces be provided for the development, particularly as the proposal was likely to be acceptable with far fewer spaces. Furthermore, officers were recommending refusal of the application - on non-parking issues. After due consideration, Members of the Panel were satisfied that the application could be approved subject to a range of conditions and the minutes of the meeting are attached at Appendix 2.

13 After the decision was made, the objector challenged the procedure undertaken by the Local Planning Authority (LPA) in making the decision, complaining that it had taken account of incorrect information relating to car parking thus affecting an adjacent business customers, its profit and possible re-sale value. The complaint was considered by the Local Government Ombudsman (LGO) and the Investigator s findings are attached at Appendix 3. In brief, the LGO found fault in the report to Panel with regards floor space, which is accepted by the LPA. The LGO goes on to confirm that, where a fault is found, they need to determine whether or not this causes an injustice, i.e. but for the fault the planning decision would have been different. However, the LGO confirms they cannot be certain that the LPA s decision would have been different as this was not the only planning consideration. The LGO comments on all the matters raised by the complainant concluding with the following agreed actions: the LPA should recognise the fault, apologise to the complainant and report the findings to the Panel for consideration of further action or amendment of its records, and inform the complainant of the relevant Panel date so he may make representations. As agreed, this report now presents the LGO s findings to the Panel. As noted above, the LPA accepts the fault in the original report to Panel and has offered its apology to the complainant and confirmed the details of this Panel meeting. Recommendation: It is suggested that Panel Members note the LGO s findings and that the LPA has carried out the agreed actions, and that these matters are minuted. Panel may consider any further action though officers make no suggestions on these matters.

14 APPENDIX 1: Case Officer s Panel Report Report to the Area Planning Panel (Keighley/Shipley)

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27 APPENDIX 2: minutes of Panel Meeting Report to the Area Planning Panel (Keighley/Shipley)

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33 APPENDIX 3: LGO s Investigation Findings Report to the Area Planning Panel (Keighley/Shipley)

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