KEIGHLEY and SHIPLEY) to Be Held on 27 March 2019 O

Report of the Strategic Director of Place to the meeting of the Area Planning Panel (KEIGHLEY AND SHIPLEY) to be held on 27 March 2019 O

Summary Statement - Part One Applications recommended for Approval or Refusal

The sites concerned are:

Item Site Ward 1. Haworth Fire Station Station Road Haworth Keighley Worth Valley West Yorkshire BD22 8NL - 18/02585/FUL [Approve] 2. 15 Wentworth Close Menston Ilkley West Yorkshire Wharfedale LS29 6NN - 18/05434/HOU [Approve] 3. 17 Victoria Avenue Ilkley West Yorkshire LS29 9BW - Ilkley 18/04200/HOU [Approve] 4. Black Bull Inn 119 Main Street Haworth Keighley Worth Valley West Yorkshire BD22 8DP - 19/00015/FUL [Approve] 5. Fairfax Club 15 Main Street Menston Ilkley West Wharfedale Yorkshire LS29 6EY - 18/04430/FUL [Approve] 6. 4 Grange Road Riddlesden Keighley West Yorkshire Keighley East BD20 5AA - 19/00245/HOU [Refuse]

Julian Jackson Portfolio: Assistant Director (Planning, Transportation and Regeneration, Planning & Highways) Transport

Report Contact: Mohammed Yousuf Overview & Scrutiny Committee Phone: 01274 434605 Area: Regeneration and Environment Email: mohammed.yousuf@bradford.gov.uk Report to the Area Planning Panel (Keighley/Shipley)

18/02585/FUL

Haworth Fire Station Station Road Haworth Keighley BD22 8NL Report to the Area Planning Panel (Keighley/Shipley)

Date 27 MARCH 2019

Item: A Ward: WORTH VALLEY Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 18/02585/FUL

Type of Application/Proposal and Address: Full planning application for demolition of existing building and construction of A1 food retail unit with parking and associated works and ATM machine at Haworth Fire Station, Station Road, Haworth.

Applicant: Dalehead Developments

Agent: ID Planning Ltd

Site Description: The site is a flat roughly triangular parcel of land located at the corner of Station Road and Bridghehouse Lane; this junction is controlled by a mini roundabout. The site is occupied by the disused fire station, abuts the railway station yard and is between the two defined local centres in Haworth (Main Street and Mill Hey). It is noted that there is a similar convenience store built in around 1990, opposite the railway yard, within a short distance of the site. There is a mix of land uses in the vicinity with housing predominating directly opposite.

Relevant Site History: None.

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 low- carbon economy.

As such the Framework suggests local planning authorities should approve development proposals that accord with statutory plans without delay. Report to the Area Planning Panel (Keighley/Shipley)

Local Plan for Bradford: The Core Strategy Development Plan Document was adopted on 18 July 2017 though some of the policies contained within the preceding Replacement Unitary Development Plan (RUDP), saved for the purposes of formulating the Local Plan for Bradford, remain applicable until adoption of Allocations and Area Action Plan development plan documents. The site is unallocated in the RUDP.

Core Strategy Policies DS1 – Achieving good design DS2 – Working with the landscape DS3 – Urban character DS4 – Streets and movement DS5 – Safe and inclusive places SC9 – Making great places TR2 – Parking policy EN3 – Historic environment

Parish Council: Haworth, Cross Roads and Stanbury Parish Council.

The Parish Council have advised that they agree in principal to the application, however they had some concerns regarding unsympathetic materials and signage, lack of service vehicle turning space and a proposed uncontrolled (rather than a ‘Pelican’) pedestrian crossing. Also, if officers are minded to grant the application a request is made that it be referred to the Area Planning Panel.

Publicity and Number of Representations: The proposal was publicised with a site notice and neighbour letters with an expiry date of 2 August 2018.

Summary of Representations Received: Letters have been received from 13 objectors, 34 supporters and one making general comments. A Worth Valley Ward Councillor, whilst not objecting in principle, has raised concerns about highway safety and the design of the building.

In Objection: Another shop is not needed and if required, the Co-Op could open their premises in an existing building on Main Street. The retail impact assessment submitted is inadequate. The proposal will have a detrimental impact on the existing food retail premises in close proximity. The opening hours could attract anti-social behaviour and disturbance to surrounding residents. The proposal will have highway safety implications: increased traffic, deliveries, inadequate parking and pedestrians crossing near to the roundabout. The roundabout has not been accurately shown on the plans and is not used correctly exacerbate highway safety issues. The design is generic and not in keeping with the area; more natural stone should be used. Report to the Area Planning Panel (Keighley/Shipley)

In Support: Another retail offering would be welcomed as residents currently have to travel to other towns for a good selection of food. It may also encourage better pricing from competitors however some would prefer a different and less expensive retailer. The design is attractive and would enhance the area; modern architecture would add some interest. The mini roundabout has slowed traffic down. Though concerns are raised about the adequacy of the pedestrian access, a store with adequate parking would alleviate pressure for on-street parking close to the existing food retailers. The proposal would put a disused site to a good use.

Consultations: Highways Development Control - Amended plans alleviate the Highway Engineer’s previous concerns and if approval is recommended then conditions are suggested.

Minerals and Waste - No objections.

Conservation - The site is adjacent to but not within the Haworth Conservation Area and does not affect the setting of the grade II listed station building but may impact that of Bridgehouse Mills. The existing fire station building is of no merit and though the proposed structure would be of a similar size, scale and form to that presently on the site the cladding has an overtly industrial appearance. A bespoke solution is required which is harmonious to the context.

Environmental Health (Nuisance) - No objections to the proposal in principle and potential noise, dust and light would be controlled through Environmental Health legislation.

Environmental Health (Pollution) - Concurs with the geotechnical report and recommends that conditions are included on the decision notice to deal with any contamination.

Rights of Way – No impact on any existing public rights of way or the aspirational cycleway along the Worth Valley.

Drainage – No objections subject to a number of conditions to provide adequate drainage.

Summary of Main Issues: Background and principle of development. Visual amenity and design Amenities of occupiers of adjacent land Highway issues Report to the Area Planning Panel (Keighley/Shipley)

Appraisal: Background and Principle of Development The site is unallocated land, but previously developed land, and is located between the edges of the defined Local Centres of Haworth Main Street and Haworth Mill Hey. It is noted that there is a similar convenience store built in around 1990, opposite the railway yard, within a short distance of the site. The proposal is for a 405m2 gross, 263m2 net sales convenience store on the former fire station site.

Policy EC5 of the adopted Core Strategy Development Plan Document seeks to ensure that new retail development is encouraged in sequentially preferable locations. The sequential test requires that applications for main town centre uses should be located in town centres, then in edge of centre locations and only if these sites are not available should sites that are 'out of centre' be considered. Therefore, as a matter of planning policy the two local centres should be the focus for appropriately-sized local supermarkets. Whilst this site is outside the local centres, it is a brownfield site in a sustainable location on the edge of the existing centres and within walking distance of them and nearby residential areas.

The applicant has demonstrated that there are no suitable sites for a retail development of this scale within the two Haworth local centres. Whilst a Co-Op store was historically located there, the historic Main Street is now largely aimed at the tourist market and offers little or no convenience stores. Mill Hey offers a small number of general stores but convenience shopping in Haworth is limited to an existing small supermarket on Mill Hey. Both areas are very constrained and the report concludes that there are no vacant sites that would be suitable for a proposal of this scale and type.

It is considered that a use of this type would add to the retail offering in the area and be a convenient facility for local residents who currently travel to towns such as Keighley to carry out their general shopping.

Given the small scale of the proposal and in accordance with Policy EN5 and the NPPF, the Council advised that a qualitative assessment of impact, considering the health, vitality and viability of the centre was appropriate. The Council does not consider in this case that a full retail impact assessment is required given the lack of opportunity for similar developments elsewhere.

The applicant has assessed the impact of the retail development on the vitality of the local centres in accordance with the NPPF. As there is very limited choice and potential for the increase of choice in the existing centres it is not considered that the proposal will harm their vitality.

Given the lack of vacant sites in these centres which are already densely developed and constrained and that this site is well connected to those existing centres it is considered to be an appropriate location.

However the NPPF advises local planning authorities that there should be a presumption in favour of sustainable development as noted above. Therefore a convenience food store use is considered to be a sustainable use of the site and is acceptable in principle. Questions have been raised by objectors as to whether there is a need for a convenience store however this is not a planning consideration instead being a matter for market forces. Report to the Area Planning Panel (Keighley/Shipley)

Visual Impact and Design The proposed structure will be a similar scale to the building currently on the site which is of no particular architectural merit. The proposal will have no greater impact in terms of its scale but the site is very open. Haworth has a strong prevailing character typical of the South Pennine villages with the majority of the buildings constructed in local stone. The adjacent railway station has some more modern buildings with metal cladding but these are not considered to be in keeping with the vernacular. As such amendments were requested to reduce the amount of cladding to the building and have the dominant material as stone. Whilst the building is modern it is now considered that a balance has been struck between maintaining the company’s identity whilst respecting the surroundings. The new pedestrian access to the site has been designed to retain as much of the railings as possible whilst creating a safe pedestrian route. The revised scheme is considered to reflect the character of the surrounding area and will not have an unacceptable visual impact.

A totem sign is also indicated on the site plan, which is commonplace for supermarket advertising though its full consideration will need to be undertaken through submission of a separate application for advertisement consent.

Residential Amenity The site is located just outside the defined local centres but is in a built up area occupied by a mix of uses. There are residential properties in the vicinity whose occupants may make use of the development but they are a sufficient distance away to not suffer a loss of privacy or disturbance. It is not considered that the use will conflict with other land uses or be detrimental to the amenities of surrounding occupants.

Neighbours have raised concerns about anti-social behaviour due to the proposed opening hours (6am to 11pm each day) but these are reasonable for this type of use in this location and can be controlled by a condition. It is accepted that the late-night opening could encourage people to loiter but this is not considered a reason to refuse planning permission. It would be the responsibility of the proprietors and the police to deal with any issues that arose.

Highway Safety The highway network in the vicinity includes Station Road, a busy main route into and through Haworth. The site is located on the western side of Station Road where there is no pedestrian footway. The potential traffic generation is likely to create problems of highway capacity and congestion and the Highways Engineer was initially unable to support the application due to the potential highway and pedestrian safety implications that would arise. Lengthy discussions between the applicant and the Council’s Highway Engineer have taken place resulting in amendments to the proposal.

A new zebra crossing directly opposite the pedestrian entrance to the site off Station Road will be provided. In addition the footpath will be continued on the site side of Station Road around the tight corner where it becomes Bridgehouse Lane, there will then be tactile paving installed at the end of this path so pedestrians can cross at an uncontrolled crossing point above the mini roundabout to the path at the other side.

The Highway Structures Section has confirmed that there will be no implications for the bridge as a result of the proposal. Report to the Area Planning Panel (Keighley/Shipley)

There will be a new vehicular access to the site at the same point as the access to the former fire station. 19 parking spaces including one for disabled drivers and one ‘parent and child’ bay will be provided such that the parking provision is adequate.

An objector is concerned that there is insufficient disabled parking provision as the parking standards state that 6% of spaces should be set aside for disabled persons with a minimum of 3 spaces. Whilst only one space is proposed, this meets the 6% minimum and, given the central and accessible location and that this is quite a small car park, in this case the provision is considered adequate.

The access is also sufficient to allow deliveries subject to the restriction of vehicle size to a rigid length of 10.35 metres. Prior to the development being brought into use the applicant should submit a service management plan confirming this to ensure that vehicles are able to enter and leave in a forward gear.

Community Safety Implications: The pedestrian routes to the site have been amended to provide greater safety for users. There are no other envisaged 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. The issues with regard thereto are noted above in relation to this application but do not raise any matters that would outweigh the material planning considerations.

Reason for Granting Planning Permission The proposal is acceptable in principle and raises no significant issues with regards impact on local amenity, highway safety or any other planning-related matters and so is acceptable when measured against the relevant development plan policies and the NPPF.

Conditions of Approval: 1. The development to which this notice relates must be begun not later than the expiration of three years beginning with the date of this notice.

Reason: To accord with the requirements of Section 91 of the Town and Country Planning Act, 1990 (as amended).

2. Before development above damp proof course commences on site, arrangements shall be made with the Local Planning Authority for the inspection of all external facing and roofing materials to be used in the development hereby permitted. The samples shall then be approved in writing by the Local Planning Authority and the development constructed in accordance with the approved details.

Reason: To ensure the use of appropriate materials in the interests of visual amenity and to accord with policies DS1 and DS3 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

3. Before any part of the development is brought into use, the proposed means of vehicular and pedestrian access hereby approved shall be laid out, hard surfaced, sealed and drained within the site in accordance with the approved plan numbered and completed to a constructional specification approved in writing by the Local Planning Authority.

Reason: To ensure that a suitable form of access is made available to serve the development in the interests of highway safety and to accord with Policy DS4 of the Core Strategy Development Plan Document.

4. Before any part of the development is brought into use, the proposed car parking spaces shall be laid out, hard surfaced, sealed, marked out into bays and drained within the curtilage of the site in accordance with the approved plan numbered and to a specification to be submitted to and approved in writing by the Local Planning Authority. The car park so approved shall be kept available for use while ever the development is in use.

Reason: In the interests of highway safety and to accord with Policy DS4 of the Core Strategy Development Plan Document.

5. Before any part of the development is brought into use, the vehicle turning area shall be laid out, hard surfaced, sealed and drained within the site, in accordance with details shown on the approved plan numbered and retained whilst ever the development is in use.

Reason: To avoid the need for vehicles to reverse on to or from the highway, in the interests of highway safety and to accord with Policy DS4 of the Core Strategy Development Plan Document.

6. Before any part of the development is brought into use, the footway hereby approved shall be laid out in accordance with details shown on the approved drawings and street lighting installed to a specification to be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of highway and pedestrian safety and to accord with Policy DS4 of the Core Strategy Development Plan Document.

7. Before the development is brought into use the off-site highway improvements hereby approved, which include the provision of:-

(i) a new footway along the site frontage (Station Road and Bridgehouse Lane), (ii) a zebra crossing on Station Road, and (iii) a dropped crossing on Bridgehouse Lane and which are shown indicatively on Drawing No. 1625 PL 103 K, shall be implemented on site in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority. The development shall then not be brought into use until these works have been completed on site to the satisfaction of the Local Highway Authority.

Report to the Area Planning Panel (Keighley/Shipley)

Reason: In the interest of amenity and highway safety, and in accordance with Policy DS4 of the Core Strategy Development Plan Document.

8. The servicing of the site shall be carried out in accordance with the Service Management Plan that has first been submitted to and approved in writing by the Local Planning Authority and the plan shall be retained whilst ever the use subsists. The size of vehicles servicing the site shall be limited to no larger than 10.35m rigid vehicles.

Reason: To ensure that service vehicles are able to enter and exit the site in forward gear and such that servicing does not take place from the highway, in the interest of pedestrian and highway safety.

9. The development shall be drained using separate foul sewer and surface drainage systems details of which, including any balancing & off site works must be submitted to and approved in writing by the Local Planning Authority prior to development commencing. The drainage scheme shall include proposals for the disposal of surface water from the development using sustainable drainage techniques or, proof that such techniques are impracticable in this instance. Only in the event of sustainable drainage techniques proving impracticable will disposal of surface water to an alternative outlet be considered. Should a surface water discharge to sewer be necessary, peak surface water discharge rates from the development shall be reduced by a minimum 30% from the existing rates. Full details and calculations of the pre- and post-development surface water discharge rates shall be submitted to and approved by the local planning authority.

Reason: In the interests of pollution prevention and to ensure a satisfactory drainage system is provided and to accord with Policy EN8 of the Core Strategy Development Plan Document.

10. Surface water from the vehicle parking and/or manoeuvring areas shall be drained using trapped road type gullies which shall be installed before the development is brought into use.

Reason: To ensure proper drainage of the site and in the interests of pollution prevention and to accord with Policy EN8 of the Core Strategy Development Plan Document.

11. Prior to development commencing, a Phase 2 site investigation and risk assessment methodology to assess the nature and extent of any contamination on the site, whether or not it originates on the site, must be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and to comply with Policy EN8 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

12. Prior to development commencing the Phase 2 site investigation and risk assessment must be completed in accordance with the approved site investigation scheme. A written report, including a remedial options appraisal scheme, shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the site is remediated appropriately for its intended use and to comply with Policy EN8 of the Core Strategy Development Plan Document.

13. Prior to construction of the development, a detailed remediation strategy, which removes unacceptable risks to all identified receptors from contamination, shall be submitted to and approved in writing by the Local Planning Authority. The remediation strategy must include proposals for verification of remedial works and, where necessary, shall include proposals for phasing of works and verification. The strategy shall be implemented as approved unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the site is remediated appropriately for its intended use and to comply with Policy EN8 of the Core Strategy Development Plan Document.

14. A remediation verification report, including where necessary quality control of imported soil materials and clean cover systems, prepared in accordance with the approved remediation strategy shall be submitted to and approved in writing by the Local Planning Authority prior to completion of the development.

Reason: To ensure that the site is remediated appropriately for its intended use and to comply with Policy EN8 of the Core Strategy Development Plan Document.

15. If, during the course of development, contamination not previously identified is found to be present, no further works shall be undertaken in the affected area and the contamination shall be reported to the Local Planning Authority as soon as reasonably practicable (but within a maximum of 5 days from the find). Prior to further works being carried out in the identified area, a further assessment shall be made and appropriate remediation implemented in accordance with a scheme also agreed in writing by the Local Planning Authority.

Reason: To ensure that the site is remediated appropriately for its intended use and to comply with Policy EN8 of the Core Strategy Development Plan Document.

16. A methodology for quality control of any material brought to the site for use in filling, level raising, landscaping and garden soils shall be submitted to, and approved in writing by the Local Planning Authority prior to materials being brought to site. Relevant evidence and a quality control verification report shall be submitted to and is subject to the approval in writing by the Local Planning Authority.

Reason: To ensure that all materials brought to the site are acceptable, to ensure that contamination/pollution is not brought into the development site and to comply with Policy EN8 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

17. The premises shall not be used outside the hours of 06:00 to 23:00 each day.

Reason: In the interests of the amenities of local residents and to accord with Policy DS5 of the Core Strategy Development Plan Document.

Footnotes: Footnote: The applicant should contact James Marsh (Section 278 Co-ordination Engineer) on 01274 437308 (email [email protected]) in order to discuss the requirements of the S278 Agreement.

Footnote: With regards land contamination, the applicant should have regard to YALPAG (formerly YAHPAC) ‘Technical Guidance for Developers, Landowners and Consultants Development on Land Affected by Contamination’, ‘Verification Requirements for Cover Systems’ if remediation or quality control of imported soil materials is required, and 2016 guidance ‘Verification Requirements for Gas Protection Systems’ if gas protection is necessary.

Footnote: Please note that express advertisement consent may be needed for any external signs on the building/development. You should contact the Council’s Planning Service for further information. Report to the Area Planning Panel (Keighley/Shipley)

18/05434/HOU

15 Wentworth Close Menston Ilkley LS29 6NN Report to the Area Planning Panel (Keighley/Shipley)

Date 27 MARCH 2019

Item: B Ward: WHARFEDALE Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 18/05434/HOU

Type of Application/Proposal and Address: Householder application for the retention of a flat roofed, single storey extension to the rear and the addition of a proposed two storey extension to the side of 15 Wentworth Close Menston Ilkley LS29 6NN

Applicant: Mrs Eustace

Agent: Prism Architecture & Planning

Site Description: A detached two-storey dormer bungalow on an open plan cul de sac of modern residential properties. The cul de sac includes a mix of bungalows, dormer bungalows and conventional two storey houses mostly faced in bricks of various shades. Alongside the application property, No 11 is a conventional two storey house and on the other side No 17 is a low rise bungalow with a side door facing across its open drive access towards the application property. The rear gardens extend towards a boundary with properties at Kirklands Court. The rear extension forming part of the application is already substantially competed.

Relevant Site History: 18/02559/CLE: Application for a Certificate of Lawfulness for a single storey rear extension. Refused: 7 September 2018. 84/04721/FUL: Garage & Utility Extension. Granted: 12 September 1984.

The National Planning Policy Framework (NPPF): The National Planning Policy Framework was updated in July 2018 and is a material planning consideration on any development proposal. It says the purpose of the planning system is to contribute to the achievement of sustainable development, explaining that achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives): a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; Report to the Area Planning Panel (Keighley/Shipley) b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being; and c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy

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

The following adopted Core Strategy DPD policies are applicable to this proposal.

Proposals and Policies DS1 Achieving Good Design DS3 Urban character DS5 Safe and Inclusive Places DS4 Streets and Movement

Supplementary Design Guidance - Householder Supplementary Planning Document

Parish Council: Menston Parish Council neither objects nor supports the Planning Application but has concerns regarding the window at the rear of the property and the proposal to render the house, whereas the rest of Wentworth Close is built in brick.

Publicity and Number of Representations: Publicised by neighbour notification letters. 7 Objections have been received.

Summary of Representations Received: The newly erected rear extension (built between 9/6/18 and 30/10/18) is not permitted development and planning permission was not applied for. The design of the proposed side extension looks much too dominant and overbearing in relation to the original building and the character of built form in the rest of the street. The proposed two storey side extension will more than double the overall outline of the building as the height of the roof line will be in line with the top of the existing roof. Report to the Area Planning Panel (Keighley/Shipley)

The rear extension is overbearing due to its length and the close proximity to the boundary. It is lit up with a chandelier type light and gives views into neighbours’ bedrooms. The design and the choice of materials are out of keeping with the existing style of property. The wood cladding is out of character with the rest of the street and further contributes to the overbearing feeling. The proposed white rendering will also be in stark contrast to the appearance of the houses in the rest of the street. The floor to ceiling window in the side of the rear extension directly overlooks the neighbouring garden area, the internal floor of the extension being some 2 feet above ground level making the neighbour conscious of its presence.

Consultations: None.

Summary of Main Issues: Design and Materials - Effects on the character of the area. Impact on the amenity of adjoining neighbours

Appraisal: Circumstances The applicant has already built the timber clad single storey extension to the rear of this detached dormer bungalow, but has explained the circumstances. She says she only proceeded with the development after having sought advice from the Council and having been advised that it could be built as permitted development. However, upon further investigation it was decided that because the extension is not, strictly speaking, built in “similar materials” to the original dwelling house, it does not meet one of the conditions (A3) for permitted development set down in the planning legislation.

However, the applicant has been anxious to regularise the situation. At the same time as seeking retrospective permission for the extension to the rear has decided to also take the opportunity to apply for permission for a two storey enlargement to the side planned for the future.

Effects on the character of the area The existing dwelling has only limited architectural merit and Wentworth Close is lined by a mixed assortment of houses, dormer bungalows and conventional bungalows typical of their era, probably the 1970s. They are built in a mixture of sandy and red/brown bricks with some use of art stone and render and concrete tiled roofs.

The rear extension has provided an enlarged kitchen and is of contrasting contemporary appearance with a flat roof, large glazed areas and use of timber cladding to the external walls. A proposed green (sedum) roof system has not yet been applied.

Contrary to what is stated on the plan the cladding is NOT cedar. It is Siberian larch. According to the applicant it is sourced from the same supplier that the National Trust use and treated with UV-protection oil so it will fade naturally. The quality of finish is considered to be good. As a result, although it is criticised by objectors as not being “in keeping” with the rest of the dwelling, the rear extension presents an interesting, modern contrast to the existing brick elevations. Its’ flat roofed, timber clad appearance reflects the fact that it is a C21st addition and Policy DS1 of the Core Strategy supports use of contemporary designs in appropriate contexts. Report to the Area Planning Panel (Keighley/Shipley)

In this case, the extension is hidden from the street and can only be seen from surrounding gardens. Although it contrasts with the host dwelling and with the other brick-built properties in the Close, the flat roofed design reduces its visual prominence and the contrasting materials are appropriate in context. The extension is an obviously modern, yet subordinate, extension to the dwelling and the finish is of good quality.

In addition, the plans show an intention by the applicant to apply a render to the existing areas of brickwork along with some additional decorative Siberian larch timber cladding, thus achieving a more consistent finish to the whole house than appears at the moment.

Although the Parish Council and others have questioned the use of render, the render could be applied to the existing house as a permitted development alteration.

The two storey extension would be built over the position of an existing garage and utility room. It would provide for a total of 4 bedrooms at the 1st floor level. The dwelling currently has 3 bedrooms so the degree of enlargement is not especially significant. The Householder SPD allows for such an integrated extension in the case of detached dwellings and this proposal would retain a reasonable gap to the side boundary and a generous distance to the side wall of the low bungalow to the east. The roof form is designed to reflect the existing building and it is considered that the resulting building would continue to stand comfortably within the street scene. It would not appear unduly imposing or dominant as is claimed by some objectors.

The two storey extension would be finished in render with some decorative use of the timber cladding to match the single storey extension. The roof would be covered in dark grey tiles. Windows are to be grey aluminium framed.

Although the finish of the resulting house would be in contrast to the rest of the dwellings in the street, this dwelling is not especially prominent and the treatment would not have any appreciable impact on the character of the area given the assortment of dwelling types and differing finishes already apparent along the cul de sac. Indeed, the existing external brickwork is not especially representative of the character of Menston as a whole and these proposals would generally refresh the appearance of the dwelling and are in accordance with Policies DS1 and DS3 of the Core Strategy.

Impact on the amenity of adjoining neighbours The side extension would have dormers to the front but these would be set a significant distance from the dwellings across the street. The side extension would have no significant effect on the outlook or daylight to No 17 Wentworth Close given that this property has only a side door next to the drive that abuts the application site. Windows in the rear of the two storey enlargement would be set a significant distance from the rear garden boundary and the dwelling beyond. For that reason, the side extension will not harm privacy, light or outlook of occupiers of the properties to the rear.

With regard to the single storey rear extension, a neighbour directly behind the property in Kirklands Court claims to be overlooked by the new ground floor extension but, although the extension has large opening doors, they are at ground floor level and are positioned around 15 metres from the back garden boundary. This exceeds standards of separation between extensions and garden boundaries suggested by the adopted Householder SPD. Report to the Area Planning Panel (Keighley/Shipley)

The only area of concern to Officers has been a side window installed in the rear extension which looks onto the garden of the adjoining house at 11 Wentworth Close. Although it is a secondary window and the applicant makes the point that an original study window already affords close and unrestricted views into the neighbour’s garden, the side window does afford additional views at close quarters onto the rear part of the neighbour’s garden. At the moment this has a degree of impact on privacy within the garden. Two remedies to this have been discussed – either to obscure glaze the window or install a 2 metre screen fence. It is proposed to add a condition to any permission to require installation these remedies.

If screening or obscure glazing is carried out, the privacy of the neighbour will be safeguarded and this will achieve suitable standards of amenity for existing and future occupiers of adjoining land in accordance with Policy DS5 of the Core Strategy

Community Safety Implications: None.

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 any issues with regard thereto are raised in relation to consideration of this application.

Reason for Granting Planning Permission: The proposed two storey extension is well integrated with the form and appearance of the original dwelling and although of contemporary design, the rear extension appropriately responds to its local context. The extensions comply with development plan policies DS1 and DS3 of the Core Strategy DPD (July 2017) and with the Householder SPD (April 2012). The extensions will have no significant harmful effects on the amenity of occupiers of adjoining residential properties and will accord with policy DS5, subject to the suggested condition to resolve a small degree of overlooking of the garden of 11 Wentworth Close from the side window in the ground floor extension

Conditions of Approval: 1. The development to which this notice relates must be begun not later than the expiration of three years beginning with the date of this notice.

Reason: To accord with the requirements of Section 91 of the Town and Country Planning Act, 1990 (as amended). Report to the Area Planning Panel (Keighley/Shipley)

2. Within 3 months of the date of this permission, the ground floor window in the side elevation of the rear extension hereby approved shall be either obscured or views from it screened by means of a 2 metre section of fencing installed to the boundary with the neighbouring garden. Thereafter, such features shall be retained unless otherwise agreed in writing by the Local Planning Authority.

Reason: To prevent overlooking and loss of privacy to occupiers of adjacent properties and to accord with Policy DS5 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

18/04200/HOU

17 Victoria Avenue Ilkley LS29 9BW Report to the Area Planning Panel (Keighley/Shipley)

Date 27 MARCH 2019

Item: C Ward: ILKLEY Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 18/04200/HOU

Type of Application/Proposal and Address: A householder planning application to construct a carport to the side (north) of the existing detached garage and demolition of existing garden outbuilding to facilitate the works at 17 Victoria Avenue, Ilkley LS29 9BW.

Applicant: Mr John Ogden

Agent: Mr Paul Elmer

Site Description: The application dwelling is a large detached house that stands within a large curtilage and faces west onto Victoria Avenue. The site is in a low density residential suburb to the west side of the town centre and consisting of a variety of types of houses. The site is in Ilkley Conservation Area. A large detached garage with a hipped roof is positioned behind and to the north side of the main dwelling between the house and the boundary. Beyond the property curtilage is an area of open land that is an unmade continuation of Victoria Drive and where there is a woodland tree preservation order. Individual trees protected by a tree preservation order (TPO) also exist within the site close to the existing garage.

Relevant Site History: 18/01273/HOU: Demolish existing store building and construction of new carport and garden store. Withdrawn 17/05515/HOU: Demolish existing store building and construction of new carport and garden store. Refused. Reasons: Wrong application type and lack of information with regard to trees. 11/00135/HOU: Conversion and extension of triple garage to form a granny flat. Granted. Permission not implemented. 06/08640/FUL : Construction of coach house & detached double garage. Withdrawn 22-DEC-06. 07/01362/FUL : Demolition of existing garage and construction of dwelling and double garage- Status: Refused: 15-OCT-07 10/02137/HOU : Construction of extension to the rear of the existing property. Granted: 30- JUN-10. 99/00673/FUL : Replacement detached triple garage. Granted: 18-MAY-99. 99/00309/FUL : Conservatory to rear of property. Granted: 09-MAR-99. Report to the Area Planning Panel (Keighley/Shipley)

The National Planning Policy Framework (NPPF): The National Planning Policy Framework was updated in July 2018 and is a material planning consideration on any development proposal. It says the purpose of the planning system is to contribute to the achievement of sustainable development, explaining that achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives): a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being; and c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy

As such the Framework suggests local planning authorities should approve development proposals that accord with statutory plans without delay.

Accordingly, the following adopted Core Strategy policies are applicable to this proposal.

Core Strategy Policies DS3 Urban Character DS4 Streets and Movement DS5 Safe and Inclusive Places EN3 Historic Environment EN5 Trees and Woodlands

Parish Council: Recommend refusal. The flat roof is an inappropriate construction for the conservation area, it is too close to the boundary and it would involve the felling of more trees. Report to the Area Planning Panel (Keighley/Shipley)

Publicity and Number of Representations: A site notice, press advert and neighbour notification letters advertised the applications. The publicity period expired on 19 November 2018. 23 objections have been received, including one from an Ilkley Ward Councillor. The Ward Councillor has referred the application to Area Planning Panel for determination in the event of an officer recommendation to approve.

Summary of Representations Received: Further loss of trees at this site. Visual impact of flat roof extension in elevated position. Damage to public footpath from un-authorised works along boundary. Question the need for further parking. Limited space to access carport. Nuisance from exhaust fumes. Third application at this and unable to understand how the matter has been resolved since refusal.

Consultations: Conservation Team: Support the application. Trees: Can support the development subject to a number of conditions which include engineering specifications and tree-replanting details to be submitted. Highways Development Control: Confirm no objections to further planting of the pine trees in Victoria Drive.

Summary of Main Issues: 1. Background to the application. 2. Design of the structure and effects on heritage assets. 3. Impact on residential amenity. 4. Implications for trees. 5. Highway issues.

Appraisal: 1. Background In 2017, the owner of 17 Victoria Avenue extended the residential curtilage of the house by moving the boundary fence to enclose part of the parcel of land to the north. Although this land seems to be within the ownership of the owner it has status as a highway. A number of complaints were received that the owner had carried out this encroachment. A planning application (17/05515/HOU) was then submitted by the owner in respect of the extended curtilage and for a proposed carport. However, as the section of land in question is designated highway land, it was not the correct application procedure.

Subsequently, the owner moved the fence back to its former alignment. The residential curtilage of 17 Victoria Avenue is now back in its original position. Report to the Area Planning Panel (Keighley/Shipley)

During the course of these works to alter and then re-instate the boundary, a number of unprotected Cherry Laurels were removed. During investigations, no evidence was found to indicate that any protected trees had been felled, but damage to a number of larger trees had been caused by the contractors. As part of the mitigation measures agreed between the owner and the Council’s Tree Officer, eight pine trees were planted in the front garden of No 17 Victoria Avenue and a Tree Preservation Order has been made to protect them. A further 6 cherry trees have been added by the owner.

This enforcement matter is resolved and is not for consideration in this current application.

The proposal put forward is for the construction of a carport to the side of the existing detached garage for the purpose of storing a classic vehicle belonging to the occupants. During the course of the application amended plans were received to accurately show the location of the trees in relation to the proposal.

2. Design/impact on heritage assets The existing house is large and has a sense of presence. The garage is a subordinate structure standing to the side and rear. The proposal to add a flat roof carport structure is visually acceptable and the structure will be small addition to the building in question, using materials to match with a small element of timber on the rear and part of the side elevation. The development would have a very limited effect on perceptions of the site from outside and when seen against the mass of the existing substantial house, the outbuilding with the carport constructed would have little additional impact.

Generally, the scale and design is acceptable and would not upset the balance of buildings and open garden within this site and as such would have no significant adverse effects on the character or appearance of the conservation area. With no objections from the Council’s conservation officer, policies DS3 and EN3 of the Core Strategy Development Plan Document for Bradford are considered satisfied.

3. Impact on residential amenity Due to the spacious and private nature of the gardens to No. 17, and the single storey height of the development, there would be no adverse effects on the amenity of occupiers of any neighbouring properties and therefore no conflict with policy DS5 of the Core Strategy Development Plan.

4. Trees The structure will be located in close proximity to a number of protected trees and on land which slopes down as it extends toward the side boundary.

In order to facilitate the development a pine (T1) will need to be removed. This particular tree is located amongst a group of trees and whilst the loss of one tree from the group can be accepted, there are concerns that its removal will leave a second pine tree in the group (T2) exposed - leading to concerns that it would also result in its removal.

This has been disputed by the applicant’s arboricultularist, but in order to mitigate the loss of T1 and to ensure that the pine (T2) is not left over-exposed, it has been agreed with the Council’s tree Officer that 6 new pine trees will be planted in the open ground. This will be on land just outside the residential curtilage but within the ownership of the applicant. Report to the Area Planning Panel (Keighley/Shipley)

The development will also be constructed using hand screw piles to secure the foundations and to protect the nearby protected trees. Throughout negotiations, the agents’ aboriculturalist has maintained that this can be achieved without causing harm to the remaining protected trees. The Council’s tree officer accepts, based on the details submitted that in theory this could be achieved, however, reservations remain as to whether in practise, due to the change in levels, this can be achieved. In order to move forward with this aspect, it has been agreed, prior to works commencing on site, that a detailed engineering report will be commissioned and submitted to the Council for approval. This would deal with the land level changes, the works in close proximity to the drainage/sewer pipe and the proximity of the carport to the protected trees. Ultimately this will provide the confirmation and reassurance required for the Council’s tree officer to be able to offer support of this element of the scheme.

Further, the Agent has agreed to provide written verification/evidence that the developer has arranged and implemented site supervision and monitoring of the approved tree protection measures by a suitably qualified and pre-appointed tree specialist.

On this basis and subject to further details being submitted and agreed as required by the conditions below, the carport can be accommodated on this site without significant harm to the trees and subsequently upon the wider character and amenity of the area. The harm identified through the removal of a tree (T1) is mitigated by replacement substantial tree planting which will help diversify the age range of tree species on site and help to provide a sustainable long-term tree population. The development is therefore acceptable with regards impact on trees and compliant with Policy EN5 of the Core Strategy Development Plan Document

5. Impact on Highway Safety There are no highway implications as a result of the extension to the garage with ample space on site for vehicles to manoeuvre and exit the site in a forward gear. The established/existing entrance to the site will continue to be used. The width of the access point to the carport is limited but wide enough to allow a vehicle to manoeuvre in and out of carport.

The 'need' for the additional parking spaces is not per say a planning matter, it is appreciated that it is a big plot but the addition of this carport structure is not over-development. It is not proposed to intensify the use of the site (by forming an independent dwelling house for example) with the carport is proposed to store an existing vintage/classic vehicle. Resulting nuisance from exhaust fumes is extremely unlikely.

Community Safety Implications: There are no apparent 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 any issues with regard thereto are raised in relation to consideration of this application. Report to the Area Planning Panel (Keighley/Shipley)

Reason for Granting Planning Permission: The proposed carport will relate satisfactorily to the existing garage building without being detrimental to the character and appearance of 17 Victoria Avenue, the street-scene and wider conservation area. Subject to the adherence of the conditions, the re-planting scheme will mitigate the loss of the one tree and the remaining protected trees on site will remain un- affected by the development proposal. As such, the proposal complies with the aforementioned policies of the Replacement Unitary Development Plan, the Core Strategy Development Plan Document and the National Planning Policy Framework.

Conditions of Approval: 1. The development to which this notice relates must be begun not later than the expiration of three years beginning with the date of this notice.

Reason: To accord with the requirements of Section 91 of the Town and Country Planning Act, 1990 (as amended).

2. The development hereby permitted shall be constructed using external facing and roofing materials as specified on the hereby approved drawing number 2018 HC- CP-005A dated November 2018.

Reason: To ensure the use of appropriate materials in the interests of visual amenity and to accord with Policies EN3, DS1 and DS3 of the Core Strategy Development Plan Document.

3. Notwithstanding any details submitted, the development shall not begin, nor shall there be any demolition, site preparation or groundworks, nor shall any materials or machinery be brought on to the site, nor any works carried out to any trees that are to be retained until the tree protection fencing and other tree protection measures are installed in strict accordance with an arboricultural method statement or tree protection plan to BS5837:2012 to be approved in writing by the Local Planning Authority.

The development shall not begin until the Local Planning Authority has inspected and given its written approval confirming that the agreed tree protection measures are in place in accordance with the submitted details.

Reason: To ensure that trees are adequately protected prior to development activity beginning on the site which would otherwise harm trees to the detriment of visual amenity. To accord with Policy EN5 of the Bradford Local Plan Core Strategy Report to the Area Planning Panel (Keighley/Shipley)

4. The approved and agreed tree protection measures shall remain in place, and shall not be moved, removed or altered for the duration of the development without the written consent of the Local Planning Authority. There shall also be no excavations, engineering or landscaping work, service runs, or installations, and no materials will be stored within any construction exclusion zones or tree protection areas without the written consent of the Local Planning Authority.

Reason: To ensure that trees are adequately protected during development activity on the site which would otherwise harm trees to the detriment of visual amenity. To accord with Policy EN5 of the Bradford Local Plan Core Strategy

5. Prior to the completion of the development, written verification/evidence that the developer has arranged and implemented site supervision and monitoring of the approved tree protection measures by a suitably qualified and pre-appointed tree specialist, at regular and frequent intervals throughout the duration of the construction period, shall be submitted to the Local Planning Authority.

Reason: To ensure that trees have been adequately protected by the developer during development activity and that harm to the trees has been effectively prevented or mitigated by the measures proposed in the planning application submission. To ensure that protection measures have prevented harm to trees and visual amenity, to accord with Policy EN5 of the Bradford Local Plan Core Strategy

6. The planting of six replacement pine trees shall be undertaken before any works pursuant to this application commence at the site. These pine trees shall be of a size and specification and planted in a location in land controlled by the applicant and to be agreed in writing with the Local Planning Authority.

The trees shall then be planted in accordance with the details agreed in writing with the LPA and before the felling the pine tree T1 to which the decision relates.

If within a period of 5 years from the date of planting any of the replacement trees is removed, uprooted, is destroyed or dies, another tree of the same size and species as originally required shall be planted at the same place or in accordance with any variation for which the Local Planning Authority gives its written approval.

Reason: For the maintenance of tree cover and in the interests of visual amenity and to accord with policy EN5 of the Core Strategy Development Plan. Report to the Area Planning Panel (Keighley/Shipley)

19/00015/FUL

Black Bull Inn 119 Main Street Haworth KeighleyBD22 8DP Report to the Area Planning Panel (Keighley/Shipley)

Date 27 MARCH 2019

Item: D Ward: WORTH VALLEY Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 19/00015/FUL

Type of Application/Proposal and Address: Full (retrospective) planning application for the installation of two pole mounted number plate recognition cameras in the rear car park of the Black Bull Inn, 119 Main Street, Haworth, Keighley, BD22 8DP.

Applicant: Andrew Parker

Agent: Rose Consulting

Site Description: The two automatic number plate recognition (ANPR) cameras have already been installed on a single metal pole in an enclosed bin store in the car park at the rear of the historic Black Bull public house on Haworth Main Street. The site is part of Haworth Conservation Area and in a part of the village that is very popular with tourists and visitors. The Black Bull Inn is an early 19th century public house and as well as being in the conservation area is a Grade II listed building in recognition of its special architectural and historic interest.

Relevant Site History: 89/03247/FUL: Various illuminated and non-illuminated signs 119 Main Street Haworth Keighley Granted 16.06.1989 89/00530/FUL: Internal alterations and extension to building. Granted: 16.03.1989. 85/04449/FUL: Installation of an external fire escape. Granted: 02.03.1985. 04/04503/LBC: Listed building consent to re-open existing doorway onto existing private terrace. Granted 19.11.2004.

Local Plan for Bradford: The Core Strategy for Bradford was adopted on 18 July 2017 though some of the policies contained within the preceding Replacement Unitary Development Plan (RUDP), saved for the purposes of formulating the Local Plan for Bradford, remain applicable until adoption of Allocations and Area Action Plan development plan documents. The site is allocated as Haworth Conservation Area in the RUDP. Accordingly, the following adopted Core Strategy and saved RUDP policies are applicable to this proposal.

Proposals and Policies SC9 - Making Great Places EN3 – Historic Environment DS1 - Achieving Good Design DS2 - Working with the Landscape DS3 - Urban character DS4 - Streets and Movement DS5 - Safe and Inclusive Places

Parish Council: Haworth, Cross Roads and Stanbury Parish Council object on the grounds that the design, appearance and materials will have a negative effect on the listed buildings and conservation status of the area. The Parish Council wholly supports the views of Bradford MDCs Conservation Team and English Heritage Advice in relation this matter.

As a point of clarification, Historic England (English Heritage) has not commented on the application and would not need to be consulted about a proposal of this scale.

Publicity and Number of Representations: Publicised by neighbour notification letters and site notice. 25 objections have been received from 22 households. Report to the Area Planning Panel (Keighley/Shipley)

Summary of Representations Received: The cameras are unsightly and intrusive. They are modern and not in keeping with visual amenity or the conservation area. There is no need for them, other measures could be used to manage the car park. Cameras are in position only to generate cash, “ripping people off”. They will discourage tourists from visiting Haworth. Data protection issues - cameras are active when pub is closed. The cameras are already in place with no permission.

Consultations: The Council’s Design and Conservation Team advised that, as initially installed, the pole and cameras seemed unduly high and did not preserve or enhance the character or appearance of Haworth Conservation Area. However, amendments to height that have been negotiated (see condition) would offset the less than substantial harm to the significance of the heritage assets.

Summary of Main Issues: Impact on the character and appearance of the Haworth Conservation Area and the setting of the listed building. Consideration of other objection comments.

Appraisal: This is a retrospective application for the retention of two ANPR cameras that are mounted on a pole to the rear of the Black Bull. The applicant says that vehicular access to the small car park needs to be monitored by the cameras to ensure the car park is used only by pub customers. The cameras have been subject to complaints. In response to these, a planning enforcement investigation has found that the structure requires planning permission. This retrospective application is the result.

The Black Bull Inn is a Grade II listed building in recognition of its architectural and historic interest and is within Haworth Conservation Area.

The two number plate recognition cameras are on a pole rising from within a fenced bin store enclosure to the rear of the public house. The pole is visible from Main Street and objectors consider it incongruous due to its height and the bulky appearance of the two modern cameras.

The Conservation Officer has said that the pole seems taller than appears necessary, as it extends about 1m above the position of the mounted cameras and has suggested that a smaller pole may appear less incongruous, and the appearance would be improved if the additional ‘clutter’ of the anti-climb spikes was omitted.

The agent has agreed to this suggestion. The applicant has offered to reduce the height of the pole and remove the anti-climb spikes in line with the Conservation Officer recommendations. This will make it appear less incongruous and lessen the impact on the Conservation Area. If amended, the pole and cameras will create less than substantial harm to the heritage assets (the listed building and conservation area) and will be acceptable. Report to the Area Planning Panel (Keighley/Shipley)

The proposal is not considered to have any impact on neighbouring properties due to its position within the rear storage area of the public house and its minimal scale and they do not have any impact on highway safety or the movement of traffic in the area.

Consideration of other Objections The majority of the objections express strong opposition to the use of the modern cameras to manage the pub car park and impose unwelcome fines that it is feared will deter tourists and visitors from coming to Haworth. Many urge the use of other methods to manage the private car park.

However, the car park is private land and it is for the landowner to decide how best to manage it and prevent misuse. The planning process in this case can only consider the planning impact of the operational development – the erection of the cameras and the pole mounting, with particular regard to the duty to preserve or enhance the character or appearance of the conservation area and the setting of the listed buildings.

The scale, position and context of the APNR development are such that it is considered acceptable subject to the measures required by suggested Condition 2.

Community Safety Implications: The proposal poses no apparent 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 quality of opportunity between different groups and foster good relations between different groups. It is not however considered that any issues with regard thereto are raised in relation to consideration of this application.

Reason for Granting Planning Permission: The camera and pole arrangement can be achieved without significant harm to local amenity or the character and appearance of the Haworth Conservation Area and associated listed buildings. The proposal complies with Core Strategy Policies SC9, EN3, DS1, DS3 and DS5.

Conditions of Approval: 1. The mounting pole will be reduced in height by 1m and the anti-climb spikes will be removed in accordance with the confirmation email received from the agent, Adrian Rose, on 4.3.19. This work will be carried out within 3 months of the date of this decision notice.

Reason: To reduce the prominence of the structure and ensure the development accords with Policy EN3 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

18/04430/FUL

Fairfax Club 15 Main Street Menston Ilkley LS29 6EY Report to the Area Planning Panel (Keighley/Shipley)

Date 27 MARCH 2019 Item: E Ward: WHARFEDALE Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 18/04430/FUL

Type of Application/Proposal and Address: Full application for demolition of an existing social club and construction of 3 detached residential dwellings and a replacement social club building (including car parking) at the Fairfax Club, 15 Main Street, Menston, Ilkley LS29 6EY

Applicant: Park Lane Homes

Agent: Johnson Mowat Ltd

Site Description: The northern part of this 0.25 hectare site is occupied by a flat roofed single storey building faced in brick with sections of timber. It houses the Fairfax Social Club and part is sub-let to a private hire taxi office. This upper part of the site is adjoined to the west by residential gardens. To the east are modern houses on Craven Park - visible beyond a stone boundary wall. To the north are open fields in the Green Belt. The southern part of the site consists of roughly surfaced land used for car parking by the club and taxi office. This slopes down to a frontage to the village Main Street. To the east is the back wall of a barn and stone boundary wall to the curtilage of the Grade II* listed Fairfax Hall - an old manor house set back from Main Street. The Fairfax Club is not in the conservation area but the boundary to Fairfax Hall is also the boundary of the Menston Conservation Area. There are trees along this boundary protected by Tree Preservation Order. Trees also line the west boundary beyond which is a mews court access serving town houses on Moorview Croft. The side walls of 11 Main Street and 5 Moorview Croft face towards the lower part of the application site.

Relevant Site History: 17/03429/FUL: Demolition of existing club house and replacement development comprising a new-build two storey club house and eight, two-storey residential dwellings with access road and associated car parking. Application withdrawn 28 July 2017. 01/00508/FUL: Construction of one pair of semi-detached houses with parking spaces on land to the front of Fairfax Club. Granted: 05 October 2001. 95/01722/COU: Change of use of part of social club to private hire taxi office. Granted 9 August 1995. 94/02180/COU: Change of use from social club car park to site of a portakabin for use as private hire booking office. Refused: 11 November 1994 Report to the Area Planning Panel (Keighley/Shipley)

The National Planning Policy Framework (NPPF): The National Planning Policy Framework was updated in July 2018 and is a material planning consideration on any development proposal. It says the purpose of the planning system is to contribute to the achievement of sustainable development, explaining that achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives): a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being; and c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy

As such the Framework suggests local planning authorities should approve development proposals that accord with statutory plans without delay.

Proposals and Policies EN3 Historic Environment EN5 Trees and woodlands EN4 Landscape DS1 Achieving Good Design DS2 Working with the Landscape DS3 Urban character DS4 Streets and Movement DS5 Safe and Inclusive Places SC9 Making Great Places TR2 Parking Policy EN7 Flood Risk EN8 Environmental Protection Policy Policy SC8 - Zone: B-Within 2500m of South Pennine Moors. Report to the Area Planning Panel (Keighley/Shipley)

Parish Council: Menston Parish Council has no objections but feel that it would be more appropriate if the application included affordable housing, rather than three expensive houses. They also wish to point out that this is an application in a conservation area. Note: The scheme is below the threshold whereby affordable housing could be required.

Publicity and Number of Representations: By neighbour letters and site notice. 6 x objections; 1 x general comment and 30 x representations in support.

Two Ward Councillors have requested that this application be considered by the Shipley and Keighley Area Planning Panel because of the heritage issues.

Summary of Representations Received: 6 x objections 1. The adjoining houses will be subject to noise and disturbance from activities at the clubhouse which is to be placed very close to their windows. Events at the existing club have previously caused noise nuisance. Noise from customers congregating and smoking outside in the evening will cause loss of peace and quiet to near neighbours. There will be more noise from people leaving. 2. Concerns about being overlooked and overshadowed by the new houses built so close to existing properties. The trees being removed will make the traffic noisier. 3. Objection on Heritage grounds - about the setting of Grade 2* listed Fairfax Hall and the Conservation Area. Historic England notes a similar building footprint to the footprint in the application withdrawn last year. The applicant does not understand the significance of the setting. 4. Objections on grounds of parking and highway safety. The current proposal makes space for 9 vehicles. This compares to the 50+ spaces currently available in the Club car park. When the new Club hosts larger events, cars which are unable to park within the allowed curtilage will park on Main Street, which is often fully parked on one side already. Even more parked cars could impair the views of drivers when pulling out of the various side streets. 5. No need to rebuild this club as there is another social club in Menston which has been modernised and is adequate for the size of the village, as well as pubs, so this new clubhouse is not needed by the community. 6. Affordable housing is needed not three large detached houses. 7. Ward Councillors - whilst there is support for this application, further consideration should be given to the number, size, height and positioning of structures in relation to Fairfax Hall, the Grade II listed property adjacent. It is imperative that full consideration is given to the comments and concerns from the Council’s Conservation Team and Historic England.

Both Councillors therefore request that this application be considered by the Shipley and Keighley area planning panel.

30 emails in support 1. Fairfax Club has been a great and long standing part of the community for many years - also providing space for community groups. Report to the Area Planning Panel (Keighley/Shipley)

2. The existing building is beyond repair and the new clubhouse will be a tremendous asset for the village. It would be beneficial for the village to have a new community club where everyone is welcome and can meet to discuss local events and it will create a few more jobs. 3. Some neighbours say they have had a good relationship with the club and use the club to attend parties and to watch sport and play snooker. The club is a great way for me to meet up with friends and socialise without travelling. 4. This development is well thought. 5. Several contributors express support but make no specific comments.

General comment: The buildings need to be in keeping and constructed out of Yorkshire stone.

Consultations: Historic England Historic England considers the proposals would cause some minor harm to the setting and significance of the Grade II* listed Fairfax Hall, which should be clearly justified (NPPF, paragraph 194) and weighed against the public benefits of the scheme (NPPF, paragraph 196). If House 2 was removed from the proposals; was reduced in scale; or the house and garage were moved further south to retain a greater element of the gap between the outbuildings this might reduce the impact sufficiently to address concerns.

Council’s Conservation Team Note that the site is immediately adjacent to several designated heritage assets: Menston Conservation Area, grade II* listed Fairfax Hall, the grade II listed former barn, and curtilage listed structures. The existing clubhouse is an extremely poor quality, and its demolition is welcomed. The scope for any additional development will be informed by the duty placed on the LPA by section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and the duty under section 72 to the desirability of preserving or enhancing the character or appearance of the conservation area.

Conservation Team believe that the proposed development would cause harm to the setting of the grade II* listed Fairfax Hall, due to the positioning of the proposed clubhouse which would result in an erosion of the openness to the west of the hall. The level of harm to significance is less than substantial. This could be addressed by the repositioning of the clubhouse and its parking, together with the introduction of a suitably landscaped area adjacent to the front boundary, ensuring that the settings of the adjacent designated heritage assets were uncompromised. Paragraph 196 of the NPPF requires that a proposal leading to less than substantial harm be weighed against the public benefits. In the absence of sufficient public benefits the proposal would be contrary to NPPF policy and Core Strategy Policy EN3 of the Local Plan.

Drainage Section The development shall be drained via separate systems. Details of a scheme for foul and surface water drainage need to be submitted to and approved in writing. Records indicate a watercourse crosses the site in the area of the proposed social club. The developer must investigate the site to determine the extent of the land drainage network. Report to the Area Planning Panel (Keighley/Shipley)

Planning Trees Team No objections to proposed House 1 and House 2 but the proposed social club and house on plot three would require the loss of three trees which contribute to amenity albeit that they are not protected by a TPO. These units are also close to other trees including those protected by a TPO and edge of the Conservation Area. The proposed club is reasonably tight to the offsite protected group to Fairfax Hall and the individually protected tree to the south.

Biodiversity The suggested landscaping plan needs to include ecological mitigation and enhancements with the inclusion of habitats and features for wildlife. Any contributions to South Pennine Moor Habitat Regs Mitigation in accordance with policy SC8 of the Bradford MDC Local plan will be secured through the CIL contributions.

Summary of Main Issues: Principle of residential development. Impact on Fairfax Hall and Menston Conservation Area. Design and materials Impact of potential noise from the social club on the amenity of adjoining residents. Impact on protected trees. Drainage and the culvert Highway and car parking issues.

Appraisal: The application is for demolition of the existing Fairfax Club building, construction of a replacement clubhouse closer to the front of the site and a residential development comprising 3 detached dwellings together with the associated new private drive access and car parking. The submission confirms that an existing private vehicle hire office in the club building is not to be retained as part of the redevelopment.

Pre-application advice has highlighted the various planning constraints including the close proximity of existing dwelling houses to the proposed new club house and the need to respect the setting of Grade II* listed Fairfax Hall and the Menston Conservation Area. The site is an awkward L-shape, there are trees on the site and beyond its eastern boundary, and a culvert runs under part of the land.

Principle of redevelopment The site is previously developed land within the Menston settlement boundary and is presently of poor visual appearance, being occupied by the existing clubhouse building at the northern end and a rough surfaced car parking area extending southwards. The existing clubhouse is in a poor state of repair and there is sympathy with the community benefits of this development - which seeks to rebuild a smaller social club facility for the benefit of the community and to free up the surplus land for new housing.

The site is well placed with potential for redevelopment for housing, and a well-designed scheme of housing would have benefits in terms of contributing to housing land supply and using a good quality redevelopment to enhance the character of the conservation area and the approach to the village centre. It will be seen in the site history that planning permission 01/00508/FUL approved a pair of semi-detached houses on the land in 2001. This permission preceded the designation of the Menston Conservation Area and was never implemented. Report to the Area Planning Panel (Keighley/Shipley)

A previous application 17/03429/FUL by another developer proposed a new club house and a greater density of new housing development (8 houses) but was recommended for refusal by officers on grounds of being over development. Historic England had also expressed concern about the density of development proposed under that previous application and the impact this would have on the degree of openness between the Hall and modern development to the west. The application for 8 houses was withdrawn before a decision was made.

The potential benefits of creating better facilities for members of the club are also appreciated, especially having regard to the social strand of the National Planning Policy Framework and in view of the representations of support that have been received from a number of club members who, it is noted, include some local residents.

Impact of development on the adjacent listed buildings and the Menston Conservation Area The site is adjacent to Menston Conservation Area and abuts the boundary of two listed buildings - the Grade II* Fairfax Hall and the associated Grade II listed former barn (now converted to dwellings). The importance of the C17th Fairfax Hall to the character and appearance of the conservation area is reflected in the fact that an image of the building was chosen for the cover of the Menston conservation area assessment document.

The existing brick built clubhouse and the hard standings used as a car park do little to enhance the setting of these heritage assets. This application presents an opportunity to enhance that setting and there is certainly no objection to demolition of the clubhouse.

For the 3 houses being proposed, the applicant has adopted a very traditional approach to design. The applicant is proposing to use coursed natural stone to all external elevations. The 3 houses would be 2 storeys high, using traditional detailing such as chimney stacks, vertically proportioned windows defined by cills and lintels, natural slate roofs and reasonably strong eaves. The new social club would be on two levels but set into the sloping ground and appearing only 1.5 metres high with the upper storey function rooms largely lit by rooflights. Again natural slates and coursed natural stone are proposed as the external building materials. The design, materials and appearance of all 3 dwellings and the new clubhouse are well considered and reflective of the character of Menston and its conservation area.

Historic England’s consultation comments find the principle of detached dwellings to be more appropriate to the character of this area than was the previous proposal for terraced dwellings because it will retain a better sense of spaciousness. HE also recognises also that there is an opportunity to enhance the approach to the conservation area through a high quality design for the proposed social club and improvements to the boundary onto Main Street.

Houses 1 and 3 would be effectively screened from views from the Hall and its grounds by the curtilage outbuilding on the Hall’s western boundary and the overall impact of Houses 1 and 3 on the significance of the Hall would be negligible. Report to the Area Planning Panel (Keighley/Shipley)

House 2, being located on higher ground, would bring modern development closer to the boundary of the Hall and fill in the last remnant of a degree of openness. Historic England had suggested that this be reduced in scale; or the house and garage moved further south to retain a greater element of the gap between the buildings. Subsequently, amendments to the siting and the height of the garage have lessened that impact of House 2 so that the proposal would not affect the setting of the heritage assets to any meaningful extent. The Historic England comments regarding the impact of House 2 on the setting of Fairfax Hall are considered to have been addressed.

Whilst supporting the principle of redevelopment, the Council’s Conservation Officer had expressed concern regarding the rebuilding of the social club closer to the site frontage (se consultation advice). The lack of any structures close to the front boundary is somewhat fortuitous, but Fairfax Hall is set well back from the road. Consequently, oblique views of the south and west elevations of the hall and its rising grounds may be obtained from Main Street across the lower part of the application site, particularly when trees are not in leaf. The fear was that the proposed position of the new clubhouse could bring it more prominently into the setting of Fairfax Hall although it was admitted that the visual relationship is not a direct one.

Although the Conservation Officer is concerned that the club house would cause harm to the setting of Fairfax Hall through an erosion of the openness, this was not a view expressed by Historic England. Following discussions with the applicant regarding levels, it is confirmed that the intention is to set the club building into the gradually rising ground and a supplementary section now compares the height of the club with the heights of the Hall. The relative heights and the degree of set back of the club house from the Main Street will be such that it would remain a subservient structure and would not appear unduly intrusive or dominant. The new information allows a better judgement of the height and massing and, being set around 20 metres back from Main Street, the clubhouse is considered sufficiently far enough back into the site so it would not intrude detrimentally into views of the listed Hall and its open grounds.

The Conservation Officer also suggested that the impact could be mitigated through the introduction of a suitably landscaped area adjacent to the front boundary. A more detailed landscaping proposal is now submitted – including confirmation of an intention to rebuild a good quality stone boundary wall to screen the car park and the planting of a specimen tree here. With such measures, the proposed development would strengthen the townscape on the northern side of Main Street by creating a better enclosed, frontage to enhance views towards the hall.

Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 requires the Local Planning Authority to have special regard to preserving the setting of the listed buildings, and the duty under section 72 that special attention be paid to the desirability of preserving or enhancing the character or appearance of the conservation area.

Further to the above amendments and clarifications, it is concluded that although the new development would cause change within the settings of the heritage assets, that existing setting has changed considerably during several cycles of urban development from the 1950s onwards. Indeed the existing setting is presently of low quality due to the poor appearance of the site. The magnitude of the change to setting would not be significant in this context and the development is of a scale and position such that Fairfax Hall would Report to the Area Planning Panel (Keighley/Shipley) continue to remain as the principal building within its distinctive historic core. The impact on the significance of the heritage assets is assessed to be minor.

In accordance with NPPF, paragraph 194, the less than substantial harm has been weighed against the public benefits of the scheme (NPPF, paragraph 196) in delivering a new clubhouse. The social club proposal is seen to enjoy a degree of support from the community and the public benefits from this and the other benefits to be derived from higher quality development and delivery of housing have been weighed against the limited harm to heritage that will arise. It is concluded that the proposal is acceptable on heritage grounds subject to the suggested conditions to secure good quality external materials and delivery of the improvements to the site frontage. The proposal therefore accords with Policy EN3 of the Core Strategy.

Impact of the residential development on the amenity of adjoining occupiers This upper part of the site occupied by the existing social club is adjoined to the west by residential gardens of houses on Grange Avenue and Grange Farm Close and to the east by gardens of modern houses on Craven Park. Houses 1 and 2 on this land would be taller structures but are sited an acceptable distance from the adjoining properties and positioned to avoid harmful overlooking of their gardens. There was some concern regarding the presence of the double garage to Unit 1 near the boundary with 1 and 3 Moorview Croft but to address this, the roof has been re-orientated to reduce any perceived dominance of the back garden to these existing homes.

Unit 3 occupies a more restricted position alongside the flank wall and garage of 5 Moorview Croft. It would be close to the rear garden and there were some concerns that a house here would have an effect on the outlook and light within garden and rooms in the rear. However, the house would be around two metres off the boundary and is a conventional two storeys in height. The degree of projection rearwards has been reduced compared with previous schemes and the floor plans for Unit 3 propose only bathroom and utility room windows facing towards 5 Moorview Croft. Providing all windows in the rear elevation are obscure glazed,(see condition) the relationship to 5 Moorview Croft is acceptable.

Impact of the replacement social club on neighbouring homes The other key issue has been that the site adjoins existing residential dwellings, and the relocation of the clubhouse towards the site frontage has potential to cause noise nuisance to those existing occupiers. As a Social Club, the facility would ordinarily be presumed operate in the evenings and at weekends. The relationship of the new clubhouse to the homes on Main Street and Moorview Croft – particularly 11 Main Street and 3 Moorview Croft has been of concern. Although the site has included a club and a taxi office for many years, the background noise levels around the site are quiet.

To ensure that the occupiers of the closest houses are not exposed to a more significant degree of noise nuisance than at present, the applicant was required to submit a Noise Impact Assessment and propose measures to reduce noise arising from activities inside the clubhouse, from ventilation, extraction and cooling equipment and also from comings and goings late at night. There is little external social space associated with the building and there was concern that users, such as smokers, would spill outside on warm evenings and subject neighbours to noise disturbance. Report to the Area Planning Panel (Keighley/Shipley)

The Council’s Environmental Health Officer has advised on the scope of this noise assessment and its conclusions. In terms of ‘Plant Noise’, the EH officer is satisfied that the noise sensitive receptors have been identified and the projected impact of the new equipment (as detailed in the report) quantified for both the day and night time scenarios. The EH officer concurs that with natural attenuation with distance, there will be low impact from plant at the nearest domestic dwellings.

The following measures to reduce noise have also been proposed by the Noise Assessment. 1. All extraction and cooling vents, air conditioning, and condensers would be placed on the west side of the clubhouse so as not to cause noise and vibration that would affect the Moorview Court neighbours. 2. Windows on the west elevation towards the mews court access would be non - opening. 3. Revisions to the proposed layout and landscaping have removed potential for customers to gather close to the boundary with the adjoining dwellings. 4. A smoking shelter is now designed on the far side of the building which would It be setback/recessed within the south-east corner of the building and will now be 16 metres from the adjacent dwelling at 11 Main Street. 5. Discussions about proposed kitchen extraction, have confirmed that any food preparation will be of minimal significance given the scale of the club facility and so there is not anticipated to be any issues regarding noise or odour from cooking. 6. In addition to the proposed incorporation of bespoke absorptive materials in the construction of the clubhouse, the proposals include an acoustic fence of solid, imperforate construction on the western boundary with the nearest dwellings. 7. The EH officer is encouraged that the premises will continue to operate as a Members’ Club, rather than a public bar and that opening hours will be restricted to 2300 hrs.

It must also be pointed out that:

1. The existing clubhouse will inevitably have poor acoustic qualities due to its age and manner of construction. The new club house would have inherently better standards of sound insulation. 2. The clubhouse is a relatively small facility with just two function rooms measuring around 7m x 8m internally and the 1st floor room is capable of accommodating only 1 snooker table and a dartboard. The number of users will be limited by the small size. The club itself does not envisage more than 25 to 30 people at any of the club events. Indeed the clubhouse at 108 sq metres is significantly smaller than the existing facility which is 400 sq metres. 3. The applicant has confirmed that there is no intention to change existing hours of operation which are to 11pm (2300hrs) and that community related events such as AGMs and award presentations are infrequent (only up to two a month). Private parties are held but infrequently and they are rigidly scrutinized by the Committee to ensure minimal impact to neighbours. 4. The club is strictly a members club only and will not operate as a pub. It comes under CIU rules and regulations and the club says working outside these rules would cause us expulsion from the CIU. 5. The existing Licence permits opening between 1000 and 2300 Monday to Saturday and 12000-2230 on Sunday. The club says it is not intended to seek changes to these hours. Report to the Area Planning Panel (Keighley/Shipley)

If these constraints be formalised and reflected in planning conditions as a means of further protecting the amenity of immediate residents, the Council’s Environmental Health Officer considers the clubhouse relocation to be acceptable. The application of the suggested conditions requiring landscaping, implementation of the acoustic fence and other mitigation measures in the Noise Impact Assessment, are such that the proposals would not adversely affect the amenity of occupiers of adjoining residential properties and so accords with Policies EN8 and DS5 of the Core Strategy DPD.

Impact on trees The perimeter of the site is lined in places by mature trees, including a line along the boundary with Fairfax Hall which are protected by TPO and are in the Conservation Area and so are of significant amenity value. Further trees of amenity value are also on the west boundary including a protected sycamore (T2).

The applicant has submitted an Arboricultural Impact Assessment (AIA) which proposes protective fencing for trees alongside Units 1 and 2 and around T2 and the edge of trees within the Fairfax Hall grounds.

The proposed social club and the new house on Plot 3 would require the loss of 3 willow trees which are judged by the applicant’s consultant to be low category trees (Category C) and are not protected by a TPO. They do contribute to amenity but it is accepted that the willows are of limited quality. Removal to facilitate development would open up views of the site which is regrettable but, on balance, removal to facilitate the development is acceptable.

The proposed development is of a density that could now be served by a private drive access – which removes the need, with previous schemes, for a heavily engineered access road to be constructed adjacent to the protected trees in Fairfax Hall. The social club and its car park are reasonably tight to the individually protected tree (T2) to the south. Much of the area forming the root protection area of this tree is already surfaced with crushed stone and the proposed car park has been reduced in extent to allow less disruption to roots. In addition, the AIA has been amended to propose specific methodology to be followed during construction to ensure protection and retention of this tree. Specifically, the applicant’s consultant has agreed that ground protection mats should be used during development and that any edging to the resurfaced car park should have a lightweight timber edging - not concrete kerbs to minimise damage to roots. Retention of T2 is important – the tree is attractive in its own right but it also provides screening between the club development and the adjacent houses. Conditions are suggested to require implementation of the various tree protection measures.

Highway safety and Parking The clubhouse and 3 houses would be served from a private drive access which will be in roughly the same position as one of the existing access points. This would be modified to achieve required visibility splays and kerb radii and a width of 4.8 metres.

The new residential dwellings are provided with garages as well as at least two car parking spaces which accords with normal requirements.

Report to the Area Planning Panel (Keighley/Shipley)

Although the scheme offers limited car parking for the new social club the Council's Highway Officer has not objected despite car parking being raised as an issue by neighbours. The existing site offers plentiful parking also shared with a private hire company. The new scheme offers only 8 spaces for the new clubhouse.

However, the applicant has confirmed that there is no intention for the facility to operate other than as a members club. It would not be a public house or bar. The Council’s Highway Officer explains that as a social club in the Class D2 Assembly and Leisure use, the requirement applying parking standards form the Core Strategy Annex would be 1 space per 22sq.m.

The application form states that the new GFA is 108sqm (compared with an existing clubhouse of 401sq m) therefore 108 / 22 = a requirement for 5 spaces. The proposed site plan shows 8 spaces so the Highway Officer does not feel a need to object.

The applicant has also said that although parking remains of concern, the existing club members are mostly local people many of whom would not come to the site by car.

On previous applications Highways had asked for developer contributions for off-site traffic regulation orders but the Highway Officer has advised that this work is now being done as part of the Council’s traffic section programme.

The proposals raise no highway safety concerns.

Drainage The Council's Drainage Section advised that a culverted watercourse runs across the front part of the land. The applicant has now surveyed the route of this culvert and confirms that the development is positioned to avoid any impact on it.

The applicant’s drainage strategy is submitted with the application. Foul water from the development is to discharge to the existing 225mm diameter combined sewer in Main Street and Yorkshire Water has confirmed acceptance of this - subject to technical consent being given to the details.

Existing surface water from the social club presently discharges to the culverted watercourse and this is the intended outfall for surface water from the new development because the applicant’s consulting engineer advises that the clay soil will not be suitable for soakaways. Any proposed discharge to the watercourse will require the provision of on-site attenuation and the applicant’s engineer recognises that surface water run off should be attenuated to allow for a 1 in 100 year storm plus climate change incorporated into the design capacity. The Council's Drainage Section suggests standard conditions to require agreement of the details of the scheme for foul and surface water drainage. The scheme should ensure that peak surface water discharge rates are reduced compared with existing rates. Subject to this the development would avoid any flood risk issues. Report to the Area Planning Panel (Keighley/Shipley)

Ecology The landscaping proposals include appropriate plant species to enhance biodiversity. LDF Core Strategy habitat protection policies have been taken into account including SC8 and the potential adverse effects of new housing close to the South Pennine Moors SPA and SAC. In this case, the site does not provide any supporting habitat or feeding ground to species of nesting birds for which the SPA/SAC is designated and is sufficiently remote and physically separated from the SPA/SAC that urban edge effects from fly-tipping, invasive species, cat predation and increased risk of fire are not likely to be significant. Increased recreational pressure on the moor from the increase in dwellings would be an issue but mitigation for this will be funded through CIL payments.

Community Safety Implications: None.

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.

Reason for Granting Planning Permission The site is previously developed land within the settlement boundary and is presently of poor visual appearance. There is sympathy with the community benefits of this development - which seeks to rebuild a smaller social club facility for the benefit of the community and to free up the surplus land for new housing. The application of the suggested conditions controlling hours of use and requiring landscaping and other mitigation measures set out in the Noise Impact Assessment, are such that the proposed social club would not adversely affect the amenity of occupiers of adjoining residential properties and so accords with Policies EN8 and DS5 of the Core Strategy DPD. The proposed housing is of good design quality in accordance with Policies DS1, DS3 and DS5 of the Core Strategy. Supplementary information and amendments have clarified that the scale and position of the houses and new clubhouse would not significantly harm the character of the conservation area or the setting of Fairfax Hall and associated listed buildings - subject to front boundary enhancements and control of materials and protection of trees through the methodology required by the suggested conditions. The social club proposal is seen to enjoy a degree of support from the community and the public benefits from this and the other benefits to be derived from higher quality development, frontage enhancements and delivery of housing have been weighed against the limited harm to heritage that will arise. It is concluded that minor harm to the setting and significance of the Grade II* listed Fairfax Hall caused by some loss of openness is clearly justified when weighed against the public benefits of the scheme. The proposal therefore accords with Policy EN3 of the Core Strategy.

Conditions of Approval: 1. The development to which this notice relates must be begun not later than the expiration of three years beginning with the date of this notice.

Reason: To accord with the requirements of Section 91 of the Town and Country Planning Act, 1990 (as amended). Report to the Area Planning Panel (Keighley/Shipley)

2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, or any subsequent equivalent legislation, the premises identified on the plans as the clubhouse shall be used only for purposes of a members social club and for no other purpose, including any use within Class A4 (Drinking Establishment) of the Order, except with the prior express consent of the Local Planning Authority.

Reason: In order that the Local Planning Authority retains control over future changes of use with particular regard to the impact on the amenity of occupiers of adjoining residential properties and to accord with Policies DS5 and EN8 of the Core Strategy Development Plan Document.

3. The premises identified as the social club shall not be open for business between the hours of 2300 and 0800 hours, and no customer shall be served or otherwise make use of the premises between these hours.

Reason: In order to safeguard the amenity of nearby residents and to accord with Policies DS5 and EN8 of the Core Strategy Development Plan Document.

4. Before the proposed social club is brought into use, the noise mitigation measures shall be implemented in accordance with the revised Noise Impact Assessment dated 28 February 2019 and referenced NIA/8009/18/7933/v3/Fairfax Club. These shall include the construction of a 2 metre high acoustic fence between points A and B as identified on the revised Site Layout Plan referenced 3015-100 Revision H.

Reason: To safeguard the amenity of occupiers of adjoining properties and to accord with Policies EN8 and DS5 of the Core Strategy Development Plan Document.

5. Before development above damp proof course commences on site, arrangements shall be made with the Local Planning Authority for th inspection of all external facing and roofing materials to be used in the development hereby permitted. The samples shall then be approved in writing by the Local Planning Authority and the development constructed in accordance with the approved details.

Reason: To ensure the use of appropriate materials in the interests of visual amenity and to accord with Policies DS1 and DS3 of the Core Strategy Development Plan Document.

6. Before the development is brought into use, the proposed means of access and turning facilities for the clubhouse and the dwellings shall be laid out, hard surfaced and drained within the curtilage of the site in accordance with specifications shown on the approved drawings.

Reason: In the interests of highway safety and to accord with Policies DS4 and TR2 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

7. Before the development is brought into use, the off street car parking facilities for the clubhouse and the dwellings shall be laid out, hard surfaced and drained within the curtilage of the site in accordance with the approved drawings. The gradient shall be no steeper than 1 in 15 except where otherwise approved in writing by the Local Planning Authority.

Reason: In the interests of highway safety and to accord with Policy TR2 of the Core Strategy Development Plan Document.

8. In the first planting season following the completion of the development, or as may otherwise be agreed in writing by the Local Planning Authority, the landscaping proposals and new tree planting shall be implemented at the site in accordance with details shown on the approved Landscape Proposals drawing reference L1 Rev D dated 28 February 2019 and received by the Council on 4 March 2019.

Any trees or plants comprising the approved landscaping that become diseased or die, or which are removed or damaged within the first 5 years after the completion of planting shall be removed and a replacement landscape planting using the same or similar species/specifications shall be planted in the same position no later than the end of the first available planting season following the demise of the original landscape planting.

Reason: In the interests of visual amenity and to accord Policies EN5, DS2 and DS3 of the Core Strategy Development Plan Document.

9. All windows in the west (rear) elevation of the dwelling on Plot 3 hereby approved shall be glazed in obscure glass. Thereafter, these windows shall be retained with obscure glazing. No further windows shall be added to this elevation except with the prior written approval of the Local Planning Authority.

Reason: To prevent overlooking and loss of privacy to occupiers of adjacent properties and to accord with Policy DS5 of the Core Strategy Developmen Plan Document.

10. The development shall not begin, nor shall there be any demolition, site preparation or ground works, nor shall any materials or machinery brought on to the site, nor any works carried out to any trees that are to be retained on the site until the tree protection fencing and other tree protection measures have been installed in the locations and in strict accordance with the specifications and details shown on the submitted Arboricultural Impact Assessment by Iain Tavendale and the associated drawings.No ground works, development or demolition shall begin until the Local Planning Authority has inspected and given its written confirmation that the agreed tree protection measures have been installed in accordance with those details.

The agreed tree protection measures, shall remain in place, and shall not be moved, removed or altered for the duration of the development without the prior written consent of the Local Planning Authority. There shall be no excavations or alteration of ground levels within the tree protection areas/construction exclusion Report to the Area Planning Panel (Keighley/Shipley)

zones created on the site, and no engineering or landscaping works, service runs, or installations shall take place and no materials shall be stored within them without the prior written consent of the Local Planning Authority.

Reason: To ensure that trees are adequately protected prior to development activity beginning on the site in the interests of amenity and to accord with Policy EN5 of the Core Strategy Development Plan Document.

11. The construction of the new social club and its car park shall not begin until the specific tree protection measures shown on plan Appendix A to the Arboricultural Impact Assessment have been installed around the tree identified as T2 in the Assessment. These measures shall be in strict accordance with that Arboricultural Method Statement and recommendations in BS 5837: 2012.

The Local Planning Authority shall be informed when the tree protection fencing and other tree protection measures have been installed to T2 and shall have given its written confirmation that the measures are acceptable before development proceeds.

The agreed tree protection measures for T2, shall remain in place, and shall not be altered for the duration of the development without the prior written consent of the Local Planning Authority. There shall be no excavations or alteration of ground levels within the tree protection areas/construction exclusion zones created on the site, and no engineering or landscaping works, service runs, or installations shall take place and no materials shall be stored within them without the prior written consent of the Local Planning Authority.

12. No works involving the excavation, alteration of levels or the resurfacing of the means of access defined alongside the root protection areas of the protected trees in the grounds of Fairfax Hall, or the excavation of service trenches within this defined means of access, shall occur until further tree protection methodology prepared in accordance with recommendations in BS 5837: 2012 has first been submitted to and approved in writing by the Local Planning Authority.

The further tree protection methodology for the Fairfax Hall trees that is subsequently agreed by the Local Planning Authority shall then be implemented. The Local Planning Authority shall be informed when the agreed tree protection measures have been installed and shall have given its written confirmation that the measures are acceptable before the relevant development in this part of the site proceeds.

Reason: To ensure that protected trees standing alongside the site are adequately protected prior to development activity beginning on this part of the site, in the interests of amenity and to accord with Policy EN5 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

13. No piped discharge of surface or foul water shall take place from the development until details of a scheme for foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. The scheme so approved shall thereafter be implemented prior to the occupation of the development.

Reason : In the interests of the amenity of future occupiers, pollution prevention and the effective management of flood risk and to accord with Policies DS5, EN7 and EN8 of the Core Strategy Development Plan Document.

14. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any subsequent equivalent legislation) no enlargements, dormer windows or roof extensions falling within Classes A to C of Part 1 of Schedule 2 of the said Order shall subsequently be carried out to the dwelling houses hereby approved without the prior express written permission of the Local Planning Authority.

Reason: To safeguard the amenities of occupiers of adjoining properties and to accord with Policies DS3 and DS5 of the Core Strategy Development Plan Document.

15. Construction work shall only be carried out between the hours of 0730 and 1800 on Mondays to Fridays, 0730 and 1300 on Saturdays and at no time on Sundays, Bank or Public Holidays, unless specifically agreed otherwise in writing by the Local Planning Authority.

Reason: To protect the amenity of the occupants of nearby dwellings and to accord with Policy DS5 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

19/00245/HOU

4 Grange Road Riddlesden Keighley BD20 5AA Report to the Area Planning Panel (Keighley/Shipley)

Date 27 MARCH 2019

Item: F Ward: KEIGHLEY EAST Recommendation: TO REFUSE PLANNING PERMISSION

Application Number: 19/00245/HOU

Type of Application/Proposal and Address: Householder application for construction of a single storey extension to the rear of 4 Grange Road, Keighley, BD20 5AA.

Applicant: Mrs S Ahmed

Agent: A A Planning Services

Site Description: The application is for an extension at the back of a semi-detached dwelling in a residential street lined mostly by similar semi-detached properties. It is a part brick, and part rendered two-storey house with tiled roof and bay window to the front. To the rear are private residential gardens

Relevant Site History: 18/04856/PNH – Construction of a single storey rear extension – Prior Notification Refused 11.12.18.

19/00046/PNH – Construction of a single storey rear extension – Prior Notification Refused 15.2.19.

Proposals and Policies DS1: Achieving Good Design DS3: Urban character DS5: Safe and inclusive Places

Other planning guidance The Council’s adopted Householder Supplementary Planning Document.

Parish Council: Keighley Parish Town Council

Publicity and Number of Representations: The application was publicised by neighbour notification letter with the statutory publicity expiring on 8 February 2019. One objection was received. One letter of support was received.

Summary of Representations Received: Objection: Neighbour is concerned that the extension will be built on the boundary, will block light to the rooms in their house and to their rear garden. There are already issues with light and these problems will be made worse. No objection to the neighbours having an extension but the plans are same as submitted before and do not overcome any issues.

Support: Ward Councillor’s letter says that there is a large family living in this 3 bedroom house. The current space is unsuitable for the needs of the family.

If inclined to decline application the Ward Councillor requests that it be brought to the planning committee. Report to the Area Planning Panel (Keighley/Shipley)

Consultations: Keighley Parish Town Council – No objections to the proposal.

Summary of Main Issues: Impact on the amenity of the neighbouring occupier.

Appraisal: The proposed single storey rear extension would project out 4 metres from the back wall of this semi-detached house. The plans show that it would provide a new Kitchen/Dining Room which would then allow the existing kitchen/dining room to become an additional living room.

Two prior notifications for similar 4 metre extensions submitted under the permitted development “Larger Home Extensions” scheme have recently been refused. This was due to concerns about the depth of such an extension and the close proximity to the boundary and a rear window in the adjoining semi-detached house at 2 Grange Road and the effects of those proposals on the amenity of occupiers of that house due to overshadowing and loss of outlook.

There are no problems with the form or appearance of the extension because it is on the unobtrusive rear wall and the plan shows it as a simple lean-to addition to be built in matching materials - mainly brickwork and a tiled roof with roof lights. The extension therefore raises no issues as regards the design, visual appearance or effects on highway safety.

The problem is the impact on the amenities of occupiers of the neighbouring semi at 2 Grange Road because of the extent of its projection along the property boundary.

Design Principle 3 of the Council’s adopted Householder Supplementary Planning Document says, in general terms, that “Extensions (and outbuildings) should not over dominate, seriously damage outlook or unacceptably reduce natural daylight reaching any neighbours’ property”.

In respect of single storey extensions it says that: “Where a rear extension is located close to a boundary with a neighbouring property, single storey extensions to terraced or semi-detached houses should not normally exceed 3 metres in depth”.

Whilst supportive of enabling householders to provide of additional accommodation for changing family needs, the planning system also seeks to balance this with preventing neighbours from experiencing unreasonable harm to outlook and loss of daylight that can be caused by unduly large extensions. The the adopted guidance in the Householder SPD therefore says that a 3 metre extension to a semi-detached house would normally achieve the right balance between enabling provision of additional accommodation, without unduly dominating causing loss of light or otherwise harming the living conditions of occupiers of the adjoining home. Report to the Area Planning Panel (Keighley/Shipley)

The projection of this rear extension to No 4 Grange Road is, once again, proposed to be 4 metres. This will exceed the adopted Householder SPD guidance and the degree of projection is considered to have an adverse impact on outlook and amenity of the neighbour. Furthermore, in view of the particular constraints of this site, there seems limited scope to depart from the normal guidance without impact on the neighbour - for reasons that are set out in the objection submitted by the adjoining resident.

The particular circumstances highlighted by the neighbour are (1) the very limited size of the rear garden to No 2 due to it being a corner plot, and (2) the reliance of the rooms at the rear of the neighbouring house for light through the single kitchen which is alongside the boundary.

Introducing an extension of the depth proposed, will have an unduly adverse impact in terms of reducing light to the only rear window and appearing oppressive and dominant when viewed from that window and from within the small garden of No 2. This proposal does not follow the Council’s Householder Supplementary Planning Document and as a result of the confined space, the effects on the amenity of the neighbour are considered adverse.

In an attempt to secure a scheme that officers could support, the agent was asked to reduce the depth of extension to 3 metres, as advised by the Householder SPD guidance; or else to try to set it off the boundary so it would be less oppressive to the neighbouring property. However, there have been no responses to these suggestions.

A Ward Councillor has written in support of the applicant, saying that the current small kitchen is unsuitable for the needs of the applicant’s family. The Ward Councillor asks the LPA to take this into consideration when looking at the application.

However, there is no evidence that a kitchen extension in accordance with the Householder SPD guidance and projecting 3 metres would not meet the needs of the family for more kitchen space. A 3 metre extension would enable a significant increase in the size of the kitchen and there is no information before officers as regards why a 4 metre projection is necessary to meet a specific family need. The extension would not provide additional bedroom space so would not alleviate overcrowding as this is normally understood.

The neighbour has also suggested that a 3 metre extension would be reasonable. The proposed 4 metre extension will cause an adverse impact on the outlook and light to the adjoining property at No 2 Grange Road and is considered contrary to Core Strategy polices DS3 and DS5.

Community Safety Implications: There are no foreseen 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. Report to the Area Planning Panel (Keighley/Shipley)

Reason for Refusing Planning Permission: The proposed extension will introduce a 4 metre projection which on a semi-detached property is not considered to be acceptable and does not accord Council’s adopted Householder Supplementary Planning Document. This oppressive feature is considered to have an overbearing impact on the private outdoor amenity space of the adjoining neighbour, appearing overdominant and will significantly reduce the amount of light that will reach the ground floor habitable windows of the neighbour. It is therefore not considered to accord with the Council’s Householder Supplementary Planning Document or policies DS3 and DS5 from the Core Strategy Development Plan Document.