(KEIGHLEY and SHIPLEY) to Be Held on 7 August 2019 E

Report of the Strategic Director of Place to the meeting of the Area Planning Panel (KEIGHLEY AND SHIPLEY) to be held on 7 August 2019 E

Summary Statement - Part One Applications recommended for Approval or Refusal

The sites concerned are:

Item Site Ward 1. 18 Moorhead Lane Shipley BD18 4JN - Shipley 19/01941/FUL [Approve] 2. 188 Bradford Road Riddlesden Keighley BD20 5JL - Keighley East 19/02186/HOU [Approve] 3. 38 Grove Road Ilkley LS29 9QF - 18/05269/FUL Ilkley [Approve] 4. 9 Oaklands Ilkley LS29 9RE - 19/00950/FUL Ilkley [Approve] 5. Land At Grid Ref 411917 439120 Pendle Road Bingley Gilstead Bingley - 19/01194/FUL [Approve] 6. Land To The Rear Of St Matthews Close Wilsden Bingley Rural Bradford - 19/01844/REM [Approve] 7. Land West Of Prod Gate Prod Lane Baildon - Baildon 19/00272/FUL [Approve] 8. 1 Derry Lane Menston Ilkley LS29 6NQ - Wharfedale 19/02308/FUL [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: [email protected] Report to the Area Planning Panel (Keighley/Shipley)

19/01941/FUL

18 Moorhead Lane Shipley BD18 4JN Report to the Area Planning Panel (Keighley/Shipley)

7 August 2019

Item: A Ward: SHIPLEY Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 19/01941/FUL

Type of Application/Proposal and Address: The application seeks full permission for the demolition of an existing garage and construction of detached dwelling at 18 Moorhead Lane, Shipley, BD18 4JN.

Applicant: Mr Lukhman Miah

Agent: Mr Zeshan Khawaja

Site Description: The site comprises a garage and side garden of a detached two-storey property. Directly to the north of the site lies a garage block and area of hard standing that serve the adjacent Richmond Mews. Other residential properties are located further to north and to the northwest. The wider area is almost wholly residential in character with a mix of type, style and age of property.

Relevant Site History: None.

The National Planning Policy Framework (NPPF): The NPPF is a material planning consideration on any development proposal. The NPPF 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 NPPF 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, Accordingly, the following adopted Core Strategy policies are applicable to this proposal.

Core Strategy Policies DS1 – Achieving good design DS3 – Urban Character DS4 – Streets and Movement DS5 – Safe and Inclusive Places HO5 – Residential Density HO9 – Housing Character EN3 – Historic Environment EN7 – Flood Risk

Parish Council: Not applicable.

Publicity and Number of Representations: Publicised by neighbour notification letters and site notice with an overall expiry date for comments of 02.06.2019.

Eight objections and seven letters of support have been received.

Summary of Representations Received: In Objection: Surrounding properties are wholly in natural stone. The proposed dwelling would introduce overlooking of neighbouring property. The proposed dwelling would overshadow neighbouring property. The proposal is overdevelopment of the site. The proposed dwelling is too large for the site. Highway safety concerns. Loss of green space. Concerns regarding drainage and sewerage. The new access for the existing dwelling would result in highway safety concerns. The proposal is of poor design in the buffer zone of Saltaire.

In Support: The development will be beneficial to the area. The plans show the new build is similar design to 18 Moorhead Lane. Both properties would have access and parking facilities. The proposal would have no adverse effect on the neighbourhood. Report to the Area Planning Panel (Keighley/Shipley)

Consultations: Highways Development Control – The amended proposal now provides parking and turning space likely to be sufficient for the existing and proposed dwellings, alleviating previous highway concerns.

Design and Conservation - Satisfied that the proposed works would have no impact on the setting of the World Heritage Site. The proposal accords with Core Strategy Policy EN3.

Summary of Main Issues: Principle of development. Impact on Visual Amenity. Impact on Neighbours Amenity. Highway Safety. Other issues.

Appraisal: Principle of development The site is not allocated for any specific land use in the adopted development plan and is currently residential in nature and surrounded by residential property and the site is located within a relatively sustainable location. Furthermore, given the lack of a 5 year housing land supply in the District the NPPF requires that local authorities must consider applications for residential development favourably unless there are clear materials reasons otherwise. It is therefore considered that an application for residential development is acceptable.

Impact on Visual Amenity The character of the area is mixed in terms of property type, age and style. The parent dwelling is a detached house dating from around the 60’s and is in natural stone with some cladding to the front. More mature properties are sited across Moorhead Lane and a more recent Mews development is located to the north.

The dwellings design visually responds primarily to the parent dwelling, as this is the property alongside which the proposal would be most readily viewed. It includes gable feature to the front to replicate the parent dwelling. Natural stone is proposed for the front and rear elevations with render proposed to the sides.

Some objection has been received regarding the proposed use of render to the sides but given the mixed street scene and primary elevations using natural stone the materials palette would be suitable and would not result in visual harm.

During the course of the application the proposed dwelling has been lowered in height, by around 750mm and as amended the scale and appearance now better respects the character of the locality. There is now a step down in roof height from the parent dwelling, which allows a better separation. The stepped height would allow the proposed dwelling to be seen more in context with the wider street scene, stepping down in height in height between the parent dwelling and mews development to the north.

It is noted that the site lies within the Saltaire World Heritage Site Buffer Zone so the Local Planning Authority has a duty to give special attention to the desirability of preserving and enhancing this heritage asset in considering this proposal. Report to the Area Planning Panel (Keighley/Shipley)

As noted above the proposed dwelling would be set within, and match, an area of more modern housing such that the character and setting of the World Heritage Site will be preserved by. The Design and Conservation Officer has responded positively and is satisfied the proposal will not affect local heritage.

For these reasons the proposal accords with Core Strategy policies DS1, DS3, HO9 and EN3.

Impact on Neighbours Amenity Consideration has also been given regarding potential overlooking of neighbours through window placement on the proposal.

The property is set close to the northern site boundary (1.5 metres) and as such the siting of windows has been carefully considered. Four windows are proposed to the side elevation facing the boundary to the north and that would potentially look onto the turning area and garage block directly to the north. Three of the windows are obscure glazed and serve a toilet and a hallway, with a larger window at ground floor serving a dining room. The three obscure glazed windows do not serve habitable rooms and the ground floor dining room window would not allow views onto adjacent property due to intervening 1.8 metre high boundary fence.

First and second floor windows to the rear elevation would face onto the proposed dwelling’s own garden area and meets with the accepted separation distances and as such significant or harmful overlooking would not arise.

The property is two storeys in height but with dormer windows in the roof providing additional accommodation. The main two storey section of the house would be sited in line with the parent dwelling and addressing Moorhead Lane.

To the north of this lies a garage block and hard standing driveway/turning area at Richmond Mews. A neighbour has written to suggest that they use the area in front of their garage for amenity space and that it would be adversely affected by the proposal in terms of overshadowing. However and whilst the turning area and garage would likely have a greater degree of shading than is currently caused by the existing garage on the application site, it would not provide a sustainable reason for refusal given the primary use for vehicular manoeuvring.

A single storey projection is included to the rear of the proposed dwelling and which runs alongside but set 1.5 metres off the rear boundary of number 8 Richmond Mews, the rear elevation of which faces onto the development site. However the proposed projection is single storey with pitched roof design such that the roof height is lowest close to the shared boundary. As such the rear single storey projection would not have significantly harmful impact for the neighbours’ amenity.

Accordingly and for the reasons noted above, the overall impact on residential amenity is considered to be acceptable and the proposal, complies with the requirements of policies DS1, DS3 and DS5 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

Highway Safety The development provides 2 parking spaces on the drive for the proposed dwelling and for the parent dwelling which is an acceptable level of parking provision for this area. The applicant has also submitted a revised site plan demonstrating that vehicles can enter and leave the site in a forward motion.

A number of amended plans have been submitted following initial comment from the Council’s Highways Engineer. The amended plans demonstrate that a satisfactory access, turning and parking areas are provided for the proposed and parent property such that cars will be able to enter and leave the site in a forward gear; this involves forming a new drive access off Moorhead Lane for the existing property. The Council's Highways Engineer advises that the amended plan addresses their previous comments and that they do not raise any objection subject to conditions to ensure provision of the means of access and parking.

For the reasons noted above the proposal is acceptable in terms of the impact on highway safety, thereby compliant with policy DS4 of the Core Strategy and the National Planning Policy Framework.

Community Safety Implications: None identified.

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 proposal is not considered harmful to visual amenity, residential amenity or highway safety and is therefore considered to comply with the aforementioned policies of 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. 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 sports enclosure 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 hereby permitted is brought into use, the off street car parking facility including modification to the boundary wall with Moorhead Lane shall be constructed of porous materials, or made to direct run-off water from a hard surface to a permeable or porous area within the curtilage of the site, and laid out with a gradient no steeper than 1 in 15.

Reason: In the interests of amenity, flood risk and highway safety, and in accordance with Policies TR2 and EN7 of the Core Strategy Development Plan Document and the National Planning Policy Framework.

4. The development shall not be occupied until details of a scheme for separate foul and surface water drainage, including any existing water courses, culverts, land drains and any balancing works or off-site works have been submitted to and approved in writing by the Local Planning Authority. Surface water must first be investigated for potential disposal through use of sustainable drainage techniques and the developer must submit to the Local Planning Authority a report detailing the results of such an investigation together with the design for disposal of surface water using such techniques or proof that they would be impractical. The details and scheme so approved shall thereafter be implemented in full before the first occupation of the development.

Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

19/02186/HOU

188 Bradford Road Riddlesden Keighley BD20 5JL Report to the Area Planning Panel (Keighley/Shipley)

7 August 2019

Item: B Ward: KEIGHLEY EAST Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 19/02186/HOU

Type of Application/Proposal and Address: This is a householder application for a first floor extension to a previously approved side and rear extension, and detached home office/store building at 188 Bradford Road, Riddlesden, Keighley BD20 5JL.

Applicant: Mrs Samera Malik

Agent: Andrew Raddings - The Building Design Team Ltd

Site Description: Number 188 Bradford Road is a semi-detached property standing in a row on the south side of Bradford Road in an area of Riddlesden that is largely residential. To either side, the semi adjoins similar residential properties and takes access via a drive from the classified B road linking Bingley with Keighley. To the rear the property abuts the boundary of the Green Belt, though is not within it, and it backs onto Airedale Cricket Club. From the back garden East Riddlesden Hall is seen in the distance to the west.

Relevant Site History: 15/04163/HOU: Two storey side extension, single storey rear extension, change of roof from hip to gable, loft conversion to include front and rear dormer windows – Refused. 15/04166/PNH: Construction of a single storey rear extension – Prior approval not accepted. Refused. 15/06901/PNH: Construction of a single storey rear extension – Prior approval not accepted. Refused. 15/06903/HOU: Construction of two/single-storey side extension, change of roof from hip to gable, front and rear dormer windows Refused 15 January 2016. 16/06944/CLP: Change of roof from hip to gable and rear dormer – Granted. 16/07306/HOU: Single/two storey side and rear extension, change of roof from hip to gable and front and rear dormer windows – Granted 23 November 2016. Report to the Area Planning Panel (Keighley/Shipley)

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

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

Core Strategy Policies DS1 Achieving Good Design DS3 Urban Character DS5 Safe and Inclusive Places EN3 Historic Environment EN4 Landscape

Supplementary Planning Guidance - Householder Supplementary Planning Document.

Parish Council: Keighley Parish Town Council strongly objects to this application requested that it be referred to the Area Planning Panel should officers recommend approval.

The circumstances surrounding the application had not materially changed, the development is inappropriate for the area and it is alleged that it is not being built to the correct standards of building workmanship. Neighbour documentation shows that the applicants do not own some of the land they propose to build on and the outbuilding is on or close to a neighbour’s land. Town Council notes that the neighbours oppose the walls being built as they are very high and not shown on the plans submitted, the proposals offer a complete lack of privacy for neighbours. An electrical cable runs below the site, which poses a health and safety risk. There are no welfare facilities for builders on site who are alleged to be using the garden as a toilet. Report to the Area Planning Panel (Keighley/Shipley)

Publicity and Number of Representations: Neighbour notification letters advertised this application. The publicity period expired on 11 June 2019. Following a change to the description and amendments to the plans neighbours were re-notified with a new publicity expiry date of the 5 August 2019. To date eight letters of objection have been received and 16 letters of support and the Area Planning Panel will be verbally updated of any further representations received.

Summary of Representations Received: In Support:- There is no detrimental effect to the neighbourhood. A Keighley East Ward Councillor asked that the application be referred to the Area Planning Panel if officers were minded to refuse it as this was a minor amendment to an existing permission and was in keeping with the area.

In Objection:- The proposal is unacceptable, inappropriate for the area, will appear incongruous and similar applications have been refused in 2015. Dissatisfied with how the building work has been carried out so far and how it is likely to continue into the future. The boundary wall is too high, not constructed to a very high quality, is built on the neighbours’ land, uses materials that do not fit in with the local environment and the application doesn’t give enough detail as to what the finished materials will be. The outbuilding will dominate the surroundings be a blot on the landscape and present an eyesore to the neighbouring East Riddlesden Hall and Airedale cricket ground. It presents a mass of built form not typical of the boundaries seen in this location. No buffer is given to the Green Belt. Request has been made to give appropriate consideration for the outbuilding lying in the setting of a grade I listed building. Changes to the roof, addition of dormer windows and the side extension will appear over- dominant and imbalance the semi-detached pair and that the proposed side extension would have an unacceptable impact on the ground floor habitable window at 186 Bradford Road by way of overshadowing. Impact on residential amenity include concerns over lack of privacy and that the proposal would have the same effect as the previously refuse application. The contour of the land has been significantly raised above the levels of the neighbouring gardens and the ground of the outbuilding has been raised so that it looks directly into the neighbours gardens and results in a loss of privacy. Other concerns include that building work has already started and affects land that is not in the applicant’s ownership. Health and safety measures have not been followed and allegations that they do not accord with building regulations. Damage to neighbours hedges could have resulted in the potential loss of wildlife habitats. There are questions about what the outbuilding will be used for and whether consideration was given to land drainage and if issues with parking would increase. That the removal of trees and burning of debris has already brought noise, smoke and pollution to the area. Report to the Area Planning Panel (Keighley/Shipley)

Consultations: Conservation Team: If measures are taken to clad the rear of the outbuilding with a suitable material and this is conditioned to remain, then the proposal is unlikely to affect the setting of the listed building. Canal and River Trust: No comments. Biodiversity Officer: No Comments.

Summary of Main Issues: Background and principle of development. Boundary walls and land levels. Impact on visual amenity. Impact on residential amenity. Impact on the setting of a Listed Building. Impact on highway safety. Other matters raised by objection.

Appraisal: Background There is a mixed history of granted and refused applications on the site. The most recent is 16/07306/HOU which has authorised a single storey extension to the side and a single storey extension rising to two storeys on the rear, plus a change of the house roof from a hipped roof to a gable and the addition of front and rear dormer windows. It was granted on 23 November 2016 so this authorised work can be begun at any time up until 23 November 2019.

As of July 2019, works undertaken at the site have involved demolition of the existing garage from the side of the house to make way for the new extensions. There has been some raising of ground levels at the back of the house and new boundary walls have been built to the two side boundaries. Construction of the detached home office/store building at the bottom of the garden proposed by this application has begun.

Proposals The current proposal looks to add to the previously approval application granted at the end of 2016, namely:

- A single storey extension to the side and a single storey extension rising to two storeys on the rear, plus - A change of the house roof from a hipped roof to a gable and the addition of front and rear dormer windows

In addition, the height of the side extension is changed from single storey to two storeys and an outbuilding is to be constructed at the bottom of the garden which is described on the application form as being a detached home office/store building. Report to the Area Planning Panel (Keighley/Shipley)

Boundary Walls and Land Levels Initially the application sought permission for what was described as “boundary wall treatments”. It will be seen from the objections that these have been the subject of much contention. The neighbours challenged the ownership of the land on which the new breeze block boundary walls have been built and alleged damage caused to hedges. There are comments that the bare breeze block (which the applicants say will be finished in sand/cement render) are out of keeping.

However, in response to neighbour objections, the applicant maintains that they own the land on which the boundary walls are built and has confirmed that they are the sole owner of the application land identified within the red line boundary.

Officers have observed on site that the boundary walls are all less than 2 metres in height. No changes have been made to the means of enclosure along the road frontage.

In light of the above, the boundary walls have now been omitted from this application as the walls are considered to have been lawfully constructed under permitted development rights conveyed by Part 2 Class A to Schedule 2 of the Town and Country Planning (General Permitted Development) Order, 2015. Allegations that the walls have been constructed on land that is not owned by the applicant is a civil law matter that should be pursued separately and is not a matter for the Council.

As stated above, there has been some disruption to the land levels on site as a result of the building work (mostly demolition and site preparation) that has already taken place. Whether such alteration to ground levels is a problem is subject to separate investigation by the Planning Enforcement Service and is not covered by this application.

Design and Impact on Visual Amenity The building is not listed nor in a conservation area the principle of its improvement and extension is acceptable and, indeed, previous enlargements have been approved as noted above.

Objectors state that circumstances surrounding the application have not materially changed since refusals in 2015. However, a number of applications since then have been granted - including permissions for a single storey side and rear extension and a part first storey extension plus dormer windows. Although there are objections to this part of the proposal this has already been accepted. The main material change in this scheme is that the side extension is now proposed to be a two storey extension.

The detached home office/store building is also a new proposal.

The two storey side extension now proposed is to be built in materials (stone and render) and with fenestration (windows) matching the host dwelling, it would retain a metre space to the side boundary and a metre set back at ground and first floor from the principal elevation of the semi-detached house.

The canopy proposed to the front extends above the main door to the house and above an existing bay window and is to be constructed in materials to match the house. This design is a common feature seen on the houses opposite. Report to the Area Planning Panel (Keighley/Shipley)

The rear extensions are the same as were approved under the 2016 permission and raise no visual amenity or design concerns.

Consequently, the side extension is considered to meet all relevant design guidance principles in the Householder SPD and will be sufficiently subordinate to the existing pair of houses. It will not appear over-dominant and will not result in a terracing effect. A condition relating to the use of matching materials is recommended to be attached to any approval.

Subject to this, the extensions are well designed and in accordance with Policies DS1 and DS3 of the Core Strategy DPD.

Impact on Residential Amenity Although creating a larger mass than the previously approved single storey extension, the two storey side extension is not considered to result in an overbearing effects and no windows are proposed in the side wall so it would not create any overlooking of the neighbours. There may be slight loss of light to a ground floor habitable window serving a kitchen area at the neighbouring property No. 186 which previously formed a reason for refusal in 2015. However, since this refusal a number of applications have been granted on this site and this first floor addition both proposes a setback of a metre from the principle elevation and does not extend beyond the rear wall, which were seen on the previous refusal. When constructed, the proposal will retain a metre to the boundary and a minimum of 2.5 metres between the wall of the extension and the wall of the adjacent property. Taking into consideration that there is already permission for an extension at ground floor in this space and that the front garden is south-facing (meaning that most direct sunlight will come from this direction) the effect on light arising due to the addition of a first floor is not considered to be significant or adverse. The development is therefore considered to be acceptable in terms of residential amenity and accords with policy DS5 of the Core Strategy Development Plan Document.

The applicant says it is proposed to use the outbuilding in the back garden as a home office and for storage. Although it is not evident what will be stored in this building or what the home office will be used for, the outbuilding can only be accessed through the existing property so it will remain functionally dependent on the existing house. Also a condition can be applied (see suggested conditions) requiring that the use of the outbuilding remains ancillary to the host building in the interest of residential amenity.

The outbuilding is to be sited close to the rear boundary of 188 Bradford Road. Partly to address concerns of neighbours about height, the applicant has agreed to lower the floor and roof levels by around 1 metres compared with what has begun to be built on the site. Given this amendment to height and considering how the land slopes from Bradford Road towards the rear, the single storey height is such that it is not considered that the outbuilding will raise any significant overlooking issues on either the habitable windows or the private amenity space of neighbouring properties. Although fairly large, considering the limited size in relation to the gardens of this and adjoining properties, the proposal would not be overbearing and will not result in a significant loss of light to neighbouring gardens. Report to the Area Planning Panel (Keighley/Shipley)

Impact on the Setting of East Riddlesden Hall - Grade I Listed Building The proposed extensions to the house raise no issues at all in relation to the setting of the grade I listed building at East Riddlesden Hall. This is due to their remoteness and lack of visibility from the Hall, its grounds and associated land.

The National Trust, which owns the Hall, has objected to the proposal on visual amenity grounds and asks that the impact on this listed asset be taken into consideration. In making this decision, the Local Planning Authority also needs to be mindful of the duty under S.66 of the Planning (Listed Buildings and Conservation Areas), 1990. The National Trust’s concerns have, naturally, been carefully considered.

However, it is appreciated that the proposed outbuilding is approximately 40 square metres in area, so it is a relatively large addition to the rear garden and the National Trust thinks it could be visible from some parts of the Hall and its grounds.

This issue has therefore been considered but the effects on the setting of the listed building are considered negligible because the listed building is approximately 350 metres away to the west and it is also apparent that views from the Hall are broken by trees and the topography, and when viewed from points directly to the north it would be set unobtrusively against the existing mass of the houses to the north and the numerous curtilage buildings associated with those suburban properties.

Originally the proposed outbuilding was to be constructed in render to all 4 walls and had a height of 4.5 metres. In response to the objection from the National Trust and also mindful of the objections from neighbours, Officers have negotiated with the applicant and secured revised plans proposing a reduction in the floor level of the outbuilding so it is almost level with natural ground level, a reduction in the overall roof height to 3.1 metres and changes to the cladding materials.

The outbuilding is now to be set with a floor level 1 metre lower than intended and it is to be constructed in a render to the front but with untreated larch cladding to the sides and rear. In addition, the applicant proposes hedge planting on the land between the rear wall of the outbuilding and the boundary of the cricket club.

The cladding and lower height would significantly lessen any impact of the outbuilding when viewed from points to south and west. Should the application be granted conditions are recommended to secure implementation of the cladding and the planting.

Taking into account the Planning (Listed Buildings and Conservation Areas) Act 1990, specifically Section 66, the impact of the development on the setting of the Grade I listed building away to the west is now considered to be non-existent due to the above mitigation measures and taking into account the distance between the listed building, its grounds and the proposed outbuilding. Therefore, the proposals accord with EN3 of the Core Strategy Development Plan Document and the NPPF.

Impact on Highway Safety The proposal proposes no new access and retains off street parking for at least 2 vehicles which is sufficient for this size of residential property. The proposal does not raise any highway safety implications. Report to the Area Planning Panel (Keighley/Shipley)

Other matters raised by objections A challenge was raised on the ownership of the land by the neighbour at 186 Bradford Road. The applicant was made aware of comments challenging the ownership and has confirmed that they are the owner of the land contained within the redline boundary. As there is no evidence to show otherwise and both parties are claiming ownership of the land, this is considered to be a civil matter.

Concerns surrounding workmanship, the quality of work and compliance with Building Regulations are not for consideration under Planning legislation as there is separate legislation which ensures building work is carried out to the appropriate standards. This is also the case for matters relating to health and safety concerns, facilities for people working on site and an electricity cable crossing the site.

Works carried out that do not have permission are done so at the owners own risk but the applicant does have permission for single storey extensions.

There was concern over the loss of trees, loss of bushes on a neighbouring property and the burning of wood. There are no statutorily protected trees on site and none that appear to be at risk as part of this development. Although the neighbour is understandably upset at the loss of bushes on their own property the Council cannot get involved as this is a civil matter. As the bushes appear to have already been removed it is not possible to assess the impact on potential wildlife. The burning of materials taken from site is also not considered to fall within the Local Planning Authority’s remit.

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.

Reason for Granting Planning Permission: The proposal is not considered to result in significant harm to visual amenity, residential amenity, the setting of a listed building or have a significant impact on highway safety. It is therefore considered to accord with the relevant policies in the Core Strategy Development Plan Document 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). Report to the Area Planning Panel (Keighley/Shipley)

2. The extensions hereby permitted shall be constructed using external facing and roofing materials to match the existing building as is specified on the submitted application.

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.

3. Before the outbuilding hereby approved is brought into use, the timber cladding together with the proposed planting as shown on the approved plan 219/10/1 shall be implemented and thereafter retained

Reason: To ensure the use of appropriate materials in the interests of visual amenity, the setting of a listed building and on landscape and to accord with Policies DS1, DS3, EN3 and EN4 of the Core Strategy Development Plan Document.

4. The proposed outbuilding shall only be used in connection with and incidental to the enjoyment of the host dwelling (188 Bradford Road) and shall at no time be severed or form a separate, independent unit.

Reason: In the interest of residential amenity, to ensure that there is not an over- intensive use of a site and that the proposal does not lead to unsatisfactory relationship between the main dwelling and the outbuilding and to accord with policy DS5 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

18/05269/FUL

38 Grove Road Ilkley LS29 9QF Report to the Area Planning Panel (Keighley/Shipley)

7 August 2019

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

Application Number: 18/05269/FUL

Type of Application/Proposal and Address: Full application for the construction of two detached dwellings on land to the north of 38 Grove Road, Ilkley, LS29 9QF.

Applicant: Mr and Mrs Robinson

Agent: Halliday Clark Architects

SUPPLEMENTARY REPORT This full planning application 18/05269/FUL for the construction of two detached dwellings on land to the north of 38 Grove Road, Ilkley was considered by Area Planning Panel at its meeting on 20 June 2019. The Panel deferred consideration of the application and made the following resolution:

That the application be deferred to a future meeting of the Panel in order to give the applicant time to further consider the siting of the proposed dwellings and the types of trees to be planted as part of the tree planting scheme.

UPDATE FOR MEMBERS The applicant has accordingly reconsidered the siting and choice of trees. The two houses are now to be sited in their originally proposed position 3 metres nearer to Kings Road which produces a better relationship to the adjoining dwelling at 77 Kings Road, specifically in relation to a side window serving the kitchen/dining room of that house. The effect of the development on this window was subject to representations heard by the Panel on 20 June.

With regard to the choice of trees to be planted in compensation for removal of a group of low quality trees presently on the site, the Council Tree Officer’s choice of Pinus Nigra (Black Pine) has been discarded. Instead of the Black Pine, the applicant proposes 3 x Carpinus Betulus 'Frans Fontaine' (fastigiate Hornbeam). The two Betula Pendula (Silver Birch) which formed an acceptable part of the previous replanting scheme remain. The plans also confirm that the Beech hedge which runs along the side boundary with 77 Kings Road will be maintained and gaps filled where required as part of the landscaping proposals.

Receipt of the above amendments to siting and trees has been notified to the near neighbours. Further comments will be reported verbally but the occupiers of the adjoining dwelling 77 Kings Road are generally supportive of the changes. Report to the Area Planning Panel (Keighley/Shipley)

In light of the varied siting and tree species proposed as part of the re-planting scheme, Condition 7 on the original report has been amended to refer to the amended tree replanting scheme:

7. In the first planting season (1st December to 15th March) following the substantial completion of the development, the tree replanting scheme, which includes the maintenance of the beech hedge (with replanting in gaps where necessary) as shown on plan LL01 Rev B, dated 27th June 2019 shall be implemented.

All new trees must be to British Standard BS 3936 Nursery Stock rootballed or containerised, staked and tied in accordance with good arboricultural practice.

The Local Planning Authority shall be notified in writing of the date of planting and shall have confirmed that the trees are planted in accordance with the requirements of this condition before the development is brought into use.

Any trees or plants comprising this replacement planting scheme that become uprooted, damaged or diseased or which die within the first 5 years following the completion of the planting shall be removed and a replacement tree of the same species/specification shall be planted in the same position no later than the end of the first available planting season following the disease/death/removal of the original planting.

Reason: To mitigate the environmental impact of the development, and provide appropriate replacement for existing trees that will need to be removed to accommodate the development, in the interests of visual amenity and in accordance with Polices SC9 and EN5 of the Core Strategy Development Plan Document.

The original officer report is appended. Report to the Area Planning Panel (Keighley/Shipley)

26 June 2019

Ward: ILKLEY Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 18/05269/FUL

Type of Application/Proposal and Address: Full application for the construction of two detached dwellings on land to the north of 38 Grove Road, Ilkley, LS29 9QF

Applicant: Mr & Mrs Robinson

Agent: Halliday Clark Limited

Site Description: 38 Grove Road is a substantial detached house in a suburban area west of the centre of Ilkley. It is part of the Ilkley conservation area. The application site is part of the large back garden of the house which is reasonably level and extends northwards behind the house to a frontage on Kings Road. This part of the back garden is disused and somewhat overgrown by scrub and bushes. Historic maps show that all the houses along this section of Grove Road originally had substantial gardens stretching back to Kings Road but, over time, the rear portions have been developed with new houses that front Kings Road. This property is one of the last to retain its full length garden. There is currently a dense cluster of trees along the west boundary of the garden. To the east side of the site is a modern detached bungalow at 65 Kings Road and to the west is a large detached house at 77 Kings Road that was built in recent years.

Relevant Site History: None relevant to this land.

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

The site is un-allocated in the Replacement Unitary Development Plan. The following adopted Core Strategy policies are applicable to this proposal.

Core Strategy Policies DS1 Achieving Good Design DS3 Urban Character DS4 Streets and Movement DS5 Safe and Inclusive Places EN3 Historic Environment EN5 Trees and Woodlands TR2 Parking Policy SC9 Making Great Places

Parish Council: The Ilkley Parish raised concerns for the adjacent property with the proposed trees.

Publicity and Number of Representations: A press advert, a site notice and neighbour notification letters advertised the application. The publicity period expired on the 12 April 2019. Four objections have been received, including one from a former Ward Councillor. The Ward Councillor referred the application to Area Planning Panel for determination in the event of an officer recommendation to approve.

The Ward Councillor is no longer a member of Council.

Six letters of support for the applicants have also been received.

Summary of Representations Received: - A number of concerns were raised regarding interpretation of the scale the development from the plan and lack of clarity with regard to the boundary treatment. - Concerns over the height of the dwellings and possible overbearing impact. - Loss of trees and impact of tree removal as well as concerns with regard to the impact on amenity as a result of the required re-planting scheme. - Concerns over the design (in particular) the chimney and its resulting impact on character of the area. - Loss of wildlife. - Covenant on the site preventing development.

- A number of comments in support of the application have also been received, including support from the Ilkley Civic Society. These focus on the merits of the contemporary design which would complement the existing built form. Report to the Area Planning Panel (Keighley/Shipley)

Consultations: Highways Development Control: Raise no objections. The development provides double garage and two parking spaces on drive for each dwelling which accords with local car parking policy.

Trees Team: No objections to development subject to implementation of the tree re-planting scheme in its amended form.

Design and Conservation Officer: On balance, believes that the loss of trees will cause less than substantial harm to the heritage asset (Ilkley Conservation Area) but is mindful that the trees are shown to be of poor quality and that proposed replacement planting will, in time, replace some of the lost tree cover. The less than substantial harm should therefore be weighed up against the public benefits of the proposals.

Summary of Main Issues: 1. Principle of development. 2. Impact on the conservation area: design, scale and loss of trees. 3. Impact on residential amenity. 4. Highway issues. 5. Wildlife. 6. Other matters raised in representations.

Appraisal: 1. Principle of development: Paragraph 59 of the Revised NPPF continues to stress the need for Local Planning Authorities to boost significantly the supply of new housing. The Core Strategy reiterates this strong policy support for delivering new housing and emphasises that housing delivery is one of the key issues facing the district. This proposal would make a modest but valuable contribution towards meeting that need.

The site is located in a residential area, where there is a mix of mostly detached and semi- detached dwellings. The site is unallocated on the Replacement Unitary Development Plan and is therefore not protected for any other uses. The proposed development would provide 2 dwellings (5-bed) on a site of 0.13 hectares, providing a housing density of approximately 15 dwellings per hectare. The site occupies a sustainable location within an established residential area, where shops and services are accessible on foot or public transport. There is an acknowledgement that the density falls below the minimum requirement; however, the proposal put forward here aims to work with the existing pattern of development and a higher density in this location would likely compromise the character of the area and prevent the necessary tree re-planting.

The National Planning Policy Framework has introduced a presumption in favour of sustainable development and this weighs significantly in favour of the proposed residential development of the land. Taking into account the above, the principle of housing development on this site is considered acceptable. Report to the Area Planning Panel (Keighley/Shipley)

2. Impact on the conservation area: design, scale and loss of trees 38 Grove Road and its garden are in Ilkley Conservation Area. The back garden runs down to a frontage with Kings Road along which there has been infill development in similar adjoining plots. Historic maps show that all the houses along this section of Grove Road originally had substantial gardens stretching northwards to Kings Road but, over a number of decades, the rear portions have been developed with new houses fronting Kings Road. As a result of the previous modern infill developments along this section of Kings Road, the area is now characterised by the varied age and architectural style of the properties with no cohesive or dominant style evident.

The garden makes no meaningful contribution as open space to the Ilkley conservation area and loss of the garden to infill development would not harm its character or appearance. The Council’s Conservation Officer also considers that developing this garden plot for residential purposes will not be necessarily out of keeping with the character and sense of place in this part of the conservation area.

The scale, form and design quality of the proposed detached dwellings is also respectful of its character and appearance. Being set back from the street, the dwellings would be proportionate and appropriate in scale for the plot whilst also respecting the scale and massing of the neighbouring properties. The detail of the house design combines elements of traditional design and uses natural stone as the predominant walling materials and natural slate roofing materials as well as incorporating contemporary elements. The two dwellings will be the mirror image of each other, each having a single storey integral double garage closest to the adjoining neighbouring plots.

The Conservation Officer complements the design – considering it to be well thought out and imaginative and subject to careful control of details would not appear out of place within the context of the surrounding built form.

The proposed chimneys, which have attracted comments, both positive and negative, refer to the arts and crafts features found elsewhere in the Ilkley area and although appear quite prominent as viewed on a 2D plan, each will be set back sufficiently from the front elevation as to not be visually dominant and are thought to add a degree of interest to the properties.

The site currently has a number of trees on the plot which add considerably to the leafy character of the streetscape and thereby contribute to the character of the conservation area. The applicant has submitted an arboricultural survey by Smeeden Foreman which demonstrates that the individual trees in the group are specimens of low amenity value. The Council’s Tree Officer accepts that the findings reflect the condition of the individual trees, but he and the Conservation Officer consider that the trees make a contribution as a group to local amenity.

Their removal to facilitate development of two houses would have a less than substantial harmful impact on the character and appearance of the conservation area, but their removal could be supported if the scheme makes provision for compensatory tree planting.

To mitigate the loss of the existing trees, the applicant has agreed to replacement planting of five trees along the frontage of the site. The quality of specimens in the re-planting scheme identified on plan SF 2840 Rev A, includes three black pine and two silver birch trees. The pine trees are similar specimens to mature trees further along Kings Road. Report to the Area Planning Panel (Keighley/Shipley)

To accommodate the replacement trees, a slight re-adjustment to site the dwellings further south on the plot has also been tabled. Adequate space and light is now provided for the trees to grow to their full potential. In the long term, the trees along this frontage will be of higher quality than the existing stock and, overall, will provide a positive long term contribution to the character of the conservation area. The less than substantial harm caused principally by loss of the existing tree group has been weighed against the public benefits of the proposal which are securing the high design quality and visual interest the scheme will add to the street scene and the contribution it will make to housing land supply as well as long term enhancement of tree stock secured through the required replanting of better tree specimens. The proposals are considered to comply with the duty under S.72 of the Planning (Listed Buildings and Conservation Areas) Act, NPPF objectives regarding heritage conservation and policy EN3 of the Core Strategy.

Subject to control of the external materials and the replacement tree planting, the amended proposals are supported by the Council’s Conservation officer and Tree Officer. The scale, design and appearance of the houses are sympathetic and respectful of the character of the area, and the proposal will comply with the policies DS1 and DS3 of the Core Strategy Development Plan.

3. Impact on neighbours’ residential amenity: The properties are well proportioned for the size of the plot and their siting on the plots ensures that ample distances are retained to property 38 Grove Road to the south. Further, the dwellings have been designed so that the single storey side garage element runs to the side of each dwelling, reducing the material bulk of the built form along the common boundaries with 65 Kings Road to the east and 77Kings Road to the west. Ample distances can also be achieved to the properties to the north, across the highway. On this basis, there are no concerns in terms of loss of outlook, light and or resulting dominance. Windows are sensitively located to prevent direct overlooking to private amenity space from new habitable room windows.

A number of concerns have been raised with regard to the impact on residential amenity from the new trees to be planted along the frontage, since when fully grown they will reach generous heights. The Council’s Tree Officer has considered their resulting scale and potential impact since there is an underlying aim to prevent future pressure to prune or lop trees. Having regard for the location of the trees and distance to neighbouring plots and windows, no substantive harm has been identified. Further, the requirements of the tree replanting scheme to mitigate the impact of the loss of the existing trees on site in order to facilitate the development proposal would outweigh the limited impacts which would likely only occur 10 to 20 years post planting.

During the course of the application, the dwellings were moved back slightly into the site. Nonetheless, a generous private amenity space would be provided. There are no concerns for the amenity of future occupants of these two dwellings.

The proposal will achieve and maintain good standards of amenity for existing and future occupiers and is compliant with policy DS5 of the Core Strategy Development Plan. Report to the Area Planning Panel (Keighley/Shipley)

4. Impact on Highway Safety: Vehicle and pedestrian access to the houses will be taken from Kings Road and the site can comfortably accommodate parking and garaging of in excess of 2 vehicles off the highway. The traffic generated by a development of the scale proposed would not overwhelm the local highway infrastructure and with no objections from the Council’s Highway Officer, the development does not raise any appreciable highway and pedestrian safety concerns and complies with policies TR2 and DS4 of the Core Strategy Development Plan.

5. Wildlife: The site is an area of former garden which has become overgrown and dominated by dense scrub habitat. Hedgerows occur to the boundaries and a number of semi-mature trees occur to the western section of the site. The habitats on site are considered to be of minimal botanical interest, though of some conservation value as they are likely to provide cover for local wildlife. Recommendations in the applicant’s Preliminary Ecological Appraisal (PEA) include the retention of hedgerows to the boundaries and the planting of appropriate native tree and shrub planting to mitigate for losses and to try and maintain site biodiversity. The hedges are being retained, and a tree planting scheme is submitted and for these reasons, nature conservation interest are safeguarded and there is no conflict with policy EN2 of the Core Strategy.

6. Other matters raised in representations: - The plans are submitted by professional architects and are scaled and clearly indicate the siting, scale and relationship with neighbouring plots. - The granting of planning permission does not override any other legal requirements, such as covenants. Whether or not covenants prevent development is a civil law matter. - Any damage occurred during construction and/or removal of trees on site is also a civil matter.

Community Safety Implications: There are no apparent community safety implications.

Reason for Granting Planning Permission: The site is unallocated in the Replacement Unitary Development Plan, so the principle of residential development is acceptable given the lack of an adequate supply of land for housing across the District. The scale and design of the new dwellings are appropriate and subject to the tree planting scheme will contribute positively to the character of the conservation area. Their position on the site is such that it would not cause significant loss of amenity to neighbouring occupiers. Subject to conditions the development is considered to accord with relevant Core Strategy DPD policies and to amount to sustainable development in accordance with the National Planning Policy Framework. Report to the Area Planning Panel (Keighley/Shipley)

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 EN3, DS1 and DS3 of the Core Strategy Development Plan Document.

3. The development shall not begin, nor shall there be any 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 shown on the approved plans to be retained, until the tree protection fencing and other tree protection measures have been installed in accordance with the details and positions shown on the submitted arboricultural report Ref No SF 2840 TPP01 Rev A by Smeedon Foreman dated 07/12/2018 and the associated tree protection drawings.

Once the tree protection measures are installed, development shall not proceed until the Local Planning Authority has inspected and given its written approval confirming that the agreed tree protection measures are 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.

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. Report to the Area Planning Panel (Keighley/Shipley)

5. Before the development is brought into use, the associated off street car parking facility shall be laid out, hard surfaced and drained within the curtilage of the site in accordance with the approved drawings.

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

6. Before the development hereby permitted is brought into use, dropped footway crossings in the highway shall be constructed to the Council's approved specification.

Reason: To ensure that the site is connected to existing street and path networks, public transport and places and that a safe and suitable form of access is made available to serve the development in accordance with Policy DS4 of the Core Strategy Development Plan.

7. In the first planting season (1st December to 15th March) following the substantial completion of the development, the tree planting scheme as shown on plan SF2840 Rev A, dated 28th March 2019 shall be implemented.

All new trees must be to British Standard BS 3936 Nursery Stock rootballed or containerised, staked and tied in accordance with good arboricultural practice.

19/00950/FUL

9 Oaklands Ilkley LS29 9RE Report to the Area Planning Panel (Keighley/Shipley)

7 August 2019

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

Application Number: 19/00950/FUL

Type of Application/Proposal and Address: Full application for development of one dwelling in the garden of 9 Oaklands, Ilkley, LS29 9RE.

Applicant: Mr and Mrs A P Foster

Agent: Halliday Clark Limited

Site Description: The proposed site is towards the southern edge of Ilkley within a residential suburb characterized by detached houses interspersed with mature landscaping and large gardens.

9 Oaklands is a modern detached two storey dwelling that was built in the 1980’s. It faces onto Oaklands - a shared surface, open plan cul-de-sac lined by similar stone built modern houses. The property stands at the east end of a long garden which stretches westwards and which slopes up to a frontage with Westwood Drive running along the southern edge of the property. The site has a change of level dropping by around 10 metres from the highest point abutting Westwood Drive down to the existing house. Westwood Drive is an unadopted highway at this point.

It is apparent that some trees have been recently removed from the land, but such trees as previously existed were not protected by TPO and the site is not in a conservation area so any tree removal did not require permission. A single tree remains adjoining Westwood Drive in the south east corner, and a cluster of trees remains on the lower slope towards the northern boundary. Since the submission of this application, the remaining trees on this plot are been protected by tree protection orders (TPO).

The land is unallocated on the RUDP and is not in or adjoining Ilkley Conservation Area.

Relevant Site History: There have been no previous planning applications relevant to the land. Report to the Area Planning Panel (Keighley/Shipley)

The National Planning Policy Framework (NPPF): The National Planning Policy Framework was updated in February 2019 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.

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 un-allocated in the Replacement Unitary Development Plan. Accordingly, the following adopted Core Strategy policies are applicable to this proposal.

Core Strategy Policies DS1 Achieving Good Design DS2 Working with the Landscape DS4 Streets and Movement TR2 Parking Policy DS5 Safe and Inclusive Places EN5 Trees and Woodlands EN2 Biodiversity and Geodiveristy SC8 Protecting the South Pennine Moors H05 Density of Housing Schemes

Parish Council: Recommends approval but raise some concerns with regard to the access and highway safety. Report to the Area Planning Panel (Keighley/Shipley)

Publicity and Number of Representations: A site notice and neighbour notification letters publicised the application and expired on 9 April 2019.

26 letters of objections have been received. This includes a representation by the Ward Councillor who has referred the application to Area Planning Panel for determination in the event of an officer recommendation to approve.

Summary of Representations Received: Visual concerns Out of keeping with the area, its scale will be overbearing and result in loss of outlook and loss of views. Trees have already been felled to accommodate the proposal and concerns that tree re- planting would not take place.

Highway safety Concerns over the access from Westwood Drive and lack of parking. Anticipate extensive damage to the road and concerns over vehicles reversing onto Westwood Drive. Consider access should be taken from Oaklands. Concerns that the road would be blocked during construction and would lead to traffic going to the end of the road as no turning facility.

Ecology Loss of wildlife. Badger set on site. Loss of protected species – bluebells.

Drainage Lay of the land / steep slope would lead to flooding downhill.

Other Would set a precedent for further development on the road.

Consultations: Highways Development Control: No objections to one additional dwelling served from Westwood Drive but note that it might be harder to resist other developments as a result. Biodiversity: Following submission of a Habitats Regulations Assessment (HRA) and Preliminary Ecological Appraisal can offer support subject to the suggested conditions. Trees Team: Note that trees were pre-emptively felled in order to remove a planning obstacle. But acknowledge that the development as proposed is likely to be otherwise acceptable subject to tree protection and re-planting conditions. Drainage Section: Raise no objections to amended drainage layout plan.

Summary of Main Issues: 1. Principle of development. 2. Design and impact on visual amenity. 3. Impact on residential amenity. 4. Highway issues. 5. Drainage. Report to the Area Planning Panel (Keighley/Shipley)

6. Habitat Regulations Assessment. 7. Ecology. 8. Trees.

Appraisal: 1. Principle of development Paragraph 59 of the Revised NPPF continues to stress the need for Local Planning Authorities to boost significantly the supply of new housing and the Bradford Local Plan Core Strategy reiterates this and emphasises that housing delivery is one of the key issues facing the district.

The National Planning Policy Framework has introduced a presumption in favour of sustainable development. The site is located in a primarily residential area where there is a mix detached dwellings. The site is unallocated by the RUDP but is not protected for any uses other than those that accord with the general policies of the RUDP. These factors weigh significantly in favour of the proposed residential development and it is therefore unlikely to cause demonstrable and significant harm to the aims and objectives of the RUDP, Core Strategy Development Plan Document, and National Planning Policy Framework. The principle of infill residential development on this unallocated site within the built up area is therefore acceptable.

This proposal would make a modest contribution towards meeting that need. 1 dwelling (5- bed) on a site of 0.08 hectares, provides a housing density of approximately 12 dwellings per hectare. This is low density but can be justified by the physical, environmental and highway constraints (ie the steep slope, the trees, and limitations of Westwood Drive which limit the opportunities to develop this particular site at a higher density.

2. Design and impact on visual amenity The proposed dwelling would be built in an elevated position on the southern edge of the land abutting the frontage with Westwood Drive. Being in such an elevated position will inevitably mean it would be noticeable from viewpoints to the north/ north east, and it is clear from the comments received that this of concern to local residents.

The submitted drawings indicate a markedly contemporary approach to the design of the new house – showing a split level dwelling with a flat sedum roof and using cedar cladding and ashlar stone in the external walling. The proposed split level layout responds to the steep slope and will enable the development to integrate into the wider landscape.

Viewed from Westwood Drive, the low profile of the two storeys facing the road would not be too intrusive. Indeed, the split-level, flat roofed form actually reflects the building form of Westwood - an existing detached dwelling to the west, which is a contemporary design from a previous era (1970’s). This sets something of a precedent for contemporary design in this locality.

The three storeys presented to the rear would be more pronounced but the visual effects of the structure would be tempered to a great extent by retention of the surviving cluster of trees along the northern boundary which are between the proposed dwelling and the houses away to the north. A proposed new planting scheme along the eastern boundary would also help to alleviate any perceived effects on the existing dwellings and viewpoints within Oaklands to the north east. Report to the Area Planning Panel (Keighley/Shipley)

The flat roof would reduce the prominence of the resulting house and the elevations display visual interest through the various overhangs and recessed areas. The design, form, siting and materials are all considered acceptable. With regard to design policies of the Local Plan Core Strategy, this design is considered to be one of the innovative and contemporary approaches to design which respond to and complement the local context and topography and which Policy DS3 says will be supported.

In addition, the development proposals do seem to take advantage of existing features such as the slope and surviving trees so that the scheme integrates the development into the wider landscape in the manner envisaged by Policy DS2. This policy says wherever possible designs should retain existing landscape and ecological features and integrate them within developments as positive assets and work with the landscape to reduce the environmental impact of development. The scheme retains surviving trees and proposes new planting and also it is noted that the existing glacial boulder deposits on the land are to be retained as part of the development with the building cantilevered in places to avoid these features.

The overall architectural quality is innovative and is such that this is regarded as a positive development proposal with the potential to add a high quality 21st century house to the already diverse mix of homes already seen in this part of Ilkley. This approach is supported by Policies DS1, DS3 and DS2 of the Core Strategy Development Plan.

3. Impact on residential amenity The closest existing house is 11 Oaklands which is located at a significantly lower level to the north east of the proposed new dwelling. The rear garden of 11 Oaklands extends along the rear boundary of the application site but the plans indicate a distance of 17metres separation from the rear elevation of the new dwelling to the boundary and a distance of 25metres (on an angle) from the new dwelling to the house itself. 11 Oaklands benefits from a two storey rear extension (application 03/00488/FUL) and therefore a full appreciation of the internal layout of this neighbouring property can be afforded.

Taking on board the location of the habitable room windows and the noted degree of separation, and position of the house offset from direct views from the proposed dwelling, the impact on the amenity of these occupants is not considered detrimental and the application proposal would not result in such significant loss of outlook, overshadowing or resulting dominance as to warrant a refusal.

Furthermore, taking note of changes in land levels, the separation distances far exceed what would normally be expected. There are no direct window to window overlooking opportunities. In addition, the retention of the existing cluster of trees towards the north of the land and planting of new trees within the site - as is indicated in the submitted re-planting scheme would also help to further eliminate potential perceptions of overlooking due to these changing ground levels.

Further north of the site and separated by a band of dense trees are properties at 12-18 Oaklands, but the proposal would have no appreciable impact on these occupants due to the degree of separation which is in excess of 40 metres. To the east is 9 Oaklands, the current application property. The new dwelling will be located at a distance of approximately 24metres from this property, with 8.5 metres indicated to the common boundary. These distances meet the Council’s recommended guidelines and will ensure that appropriate levels of amenity are maintained for the occupants of both the existing and new property. Report to the Area Planning Panel (Keighley/Shipley)

The modern dwelling called Westwood is located to the west of the site and sits on a similar level to the proposed new dwelling. This property has a blank wall facing towards the site. Due to this relationship, there are no concerns for the amenity of these occupants.

Across Westwood Drive to the south of the application site, the properties such as Overdale are located at a much higher level and set significantly back from the road – at a distance of approximately 30 metres separates them from the site. There is no identified impact on the amenity of occupants of these addresses.

It is acknowledged that the elevated position of the dwelling has resulted in concerns for the amenity of neighbouring occupants, particularly for 11 Oaklands. However, due to the degree of separation, the orientation of neighbouring properties in relation to the new dwelling as well as the existing tree and proposed new tree cover on site, the proposal would not result in significant overbearing or dominance issues and would not result in overshadowing or loss of outlook and importantly levels of privacy can be successfully maintained with the development in situ. The proposal is therefore compliant with policy DS5 of the Core Strategy DPD.

4. Impact on Highway Safety Regarding car parking, the submitted plan 835.01(--)009 Rev B indicates that the site can provide off-street parking for three vehicles and the swept path analysis and visibility splays indicate that vehicles can move safety to and from the site.

Westwood Drive is adopted highway up to its junction with Moorlands. To the west of this the road becomes an unadopted highway with no footways. However, as it is not a through road, traffic using this road is limited to vehicles accessing the properties on Westwood Drive, Westwood Rise and Panorama Drive.

The Council’s Highway Officer considers that a proposal for just one additional dwelling, by itself would not lead to any significant highway capacity or highway safety issues. Some reservations are expressed by that Officer regarding whether approval would make it subsequently harder to resist further housing development served from Westwood Drive.

However, there is not much scope for further development along this unadopted section of Westwood Drive due to the steep topography and due to environmental constraints such as protected trees and woodlands. Such proposals for new housing that may come forward would be restricted to very limited infill proposals. In any case, that cannot be a factor in this decision. Any future applications for development served from Westwood Drive must be considered on their own merits if and when they are received.

The Highway Officer has suggested standard highway conditions to secure delivery of the proposed car parking. Report to the Area Planning Panel (Keighley/Shipley)

With regard to objections received about implications for highway safety, including concerns raised by Ilkley Parish Council, there is no convincing evidence put forward that a single dwelling in this location would result in any material harm to the safety of road users or pedestrians. Without any substantive evidence to justify that the cumulative impacts of the development would be severe, it is considered that proposed development would satisfy the relevant objectives as set out in the NPPF and policies TR2 and DS4 of the Core Strategy Development Plan. There are no grounds to refuse the application on highway safety matters.

Objectors have raised damage to the road during construction and with regard to what 'rights of way' the new occupants of the house might have to pass along other sections of the unadopted road. With regard to the latter point, Westwood Drive might be unadopted but it still clearly has status as a public highway along which all can pass freely. Any damage to property outside the applicants’ ownership is a matter that would be dealt with under other legislation - being a civil matter between the owners of the road and developer.

5. Drainage The drainage system for the new property has been amended during the course of the application and it is now proposed to dispose of foul water via a private packaged pumping station to the public sewer in Westwood Drive rather than routing it to the public sewer on Oaklands. The agent’s drainage consultant advises that the preference is towards the use of soakaways to dispose of surface water, however due to the steep topography and the potential for water issues at a level below the site, the use of soakaways is not an acceptable risk on the catchment below. Subsequently, surface water will drain to the existing public surface water sewer system within Westwood Drive via a packaged pumping station. This removes all risk of any detrimental impacts on lands below the site. The Council’s Drainage Officer is in agreement with this recommendation and the details shown on the revised drainage layout plan do not raise any objections. The development accords with policy EN7 of the Core Strategy Development Plan in this respect.

6. Habitat Regulations Assessment: Impact on South Pennine Moors The site lies within 400metres of the South Pennine Moors Special Protection Area (SPA) and Special Area of Conservation (SAC), Ilkley Moor being the nearest part. As such, the EU Habitats Regulations need to be addressed to reduce any likely significant impacts arising from the development of the proposed development on the SPA/SAC. To achieve this, Policy SC8 of the Core Strategy Development Plan Document identifies zones around the SPA/SAC within which certain impacts will arise and require avoidance or mitigation; the application site is located in Zone A. This requires applicants to provide information to show how the development can be regarded as an exception and therefore would not have an adverse impact on the SPA/SCA.

A Habitats Regulations Assessment (HRA) has been provided by Quants Environmental. The report appropriately identifies the impacts and offers mitigation and now includes, as per the request of the Council’s biodiversity officer, a composting bin and the provision of an information booklet for new owners to inform them of their responsibilities regarding these protected sites. Report to the Area Planning Panel (Keighley/Shipley)

On this basis and subject to the implementation of the mitigation measures, which will be conditioned, the requirements of the Habitats Regulations are satisfied. The development in this instance can be considered as an exception and will not result in significant impacts upon the SPA/SAC and thereby satisfies Policy SC8 of the Core Strategy Development Plan Document is satisfied.

7. Ecology A Preliminary Ecological Appraisal by Quants Environmental accompanies the application. This document identifies the habitat types present on the site and makes recommendations for further surveys, assessments or mitigation as is required by policy EN2 of the Core Strategy Development Plan. These are as follows:

Bats The consultants advise that the trees within the site have zero or negligible bat roost potential due to the absence of suitable roosting features. No other bat features exist.

Badgers No evidence of Badger was observed within 100 metres of the site and the Council’s Biodiversity officer accepts that no badger setts will be directly affected; however as the presence of Badger is likely in the vicinity, a condition to require measures to protect badgers during the construction period has been advised.

Bluebells The site is notable at the local level for its woodland ground flora including a high abundance of bluebell Hyacinthoides non-scripta. The agent’s ecologist has suggested that a translocation scheme is therefore undertaken. The Council’s Biodiversity officer agrees with this recommendation and advises that unless it can be shown that another part of the garden would benefit from additional bluebells, that the bluebells are translocated to an area where they would enhance a habitat and reduce biodiversity net loss outcome of the development. Subject to this being dealt with by condition, which the agent has agreed to, the matter is satisfactorily addressed.

On this basis, policy EN2 of the Core Strategy Development Plan is complied with.

8. Trees A number of trees have been removed from this plot. This occurred sometime before the submission of the planning application. However since the trees were not protected at the time that they were felled, the owners were within their rights to do so. Whilst this loss is regrettable, it is not a reason for refusal. Since the submission of this application, the Council has taken steps to prevent further loss of the remaining trees on this plot and these are now protected by tree preservation orders. Further, as part of this application proposal, a landscaping plan by Smeeden Foreman proposes further tree planting within the application site. This includes Scots Pine, Silver Birch, Rowan and Black Alder among other species. This will help to maintain and enhance the arboricultural elements of the site. Subject to the requirement that the tree protection fencing and other tree protection measures are installed in strict accordance with the details and positions shown on the submitted arboricultural report and associated drawings Ref. No SF 2855 Rev C, there is general compliance with policy EN5 of the Core Strategy Development Plan. Report to the Area Planning Panel (Keighley/Shipley)

Community Safety Implications: There are no apparent community safety implications.

Reason for Granting Planning Permission: The contemporary design and massing of this proposed house is considered to be appropriate to its landscape context, and the dwelling, though in an elevated position from Oaklands would sit well within the context of the surrounding built form and grain of development. The proposal is not considered harmful to local visual amenity, or to harm the residential amenity of adjoining occupiers given its generous separation to the nearest existing houses and their gardens. Key remaining trees are to be retained to provide screening and ecological features, and new trees are proposed to be planted. A single dwelling will have no significant effect on highway safety. It is therefore considered to comply with the relevant policies of the Core Strategy Development Plan Document and to amount to sustainable development, delivering housing and compliant with the National Planning Policy Framework.

Conditions of Approval: Pre-commencement conditions are agreed with the agent.

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 835.01(--)008.

Reason: To ensure the use of appropriate materials in the interests of visual amenity and to accord with Policies DS1 and DS2 of the Core Strategy Development Plan Document.

3. Prior to the commencement of the development, a vegetation translocation and management plan shall be submitted and agreed by the LPA and thereafter implemented for the site. This will include a proposal for an appropriate translocation of bluebells from the proposed development footprint to an area of retained habitat in the northern part of the site or the translocation of bluebells to an alternate (public) site nearby, to be agreed. The translocation scheme shall be carried in accordance with the approved details.

Reason: To ensure that the bluebell Hyacinthoides non-scripta on site are adequately protected and to comply with policy EN2 of the Core Strategy Development plan. Report to the Area Planning Panel (Keighley/Shipley)

4. 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 the details and positions shown on the submitted arboricultural report and associated drawings Ref. No SF 2855 Rev C by Smeedon Foreman, dated March 2019.

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.

5. The agreed tree protection measures implemented pursuant to the above condition 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.

6. Prior to the removal of the protective fencing and other agreed tree protection measures implemented pursuant to the above conditions, written verification/evidence that the developer has arranged for supervision and monitoring of those approved measures by a suitably qualified and pre-appointed tree specialist, at regular and frequent intervals throughout the duration of the development, shall be submitted to the Local Planning Authority.

Prior to the occupation of the dwelling, the Local Planning Authority shall have first confirmed in writing its agreement to the verification/evidence.

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. Report to the Area Planning Panel (Keighley/Shipley)

7. Before any part of the development is brought into use, the proposed car parking spaces shall be laid out in accordance with details shown on the approved plan 835.01(--)006 and be retained whilst ever the development is in use. The surface shall be formed in a manner that directs run-off water from the hard surface to the packaged pump station.

Reason: To support the effective regulation of car parking provision serving the development and avoid the need for vehicles to reverse on to or from the highway in the interests of amenity and highway safety and to accord with Policies DS4 and TR2 of the Local Plan for Bradford.

8. During the construction phase, measures that have first been agreed in writing by the Local Planning Authority should be installed in order to protect badgers from being trapped overnight in open excavations and/or pipe and culverts. Appropriate measures may comprise either timber planks or earth ramps in order to allow badgers to egress from excavations greater than 0.5m depth. Alternatively all excavations should be backfilled before nightfall.

The approved protection measures shall be implemented for the duration of the construction period.

Reason: To ensure that no badgers or setts are directly affected by the construction works and to comply with policy EN2 of the Core Strategy Development Plan.

9. Prior to the first occupation of the dwelling hereby approved, the scheme of mitigation (points 4.2.2. to 4.2.10 inclusive) identified in the Preliminary Ecological Appraisal (PEA) and Habitats Regulations Assessment (HRA) Information Rev. 2 dated July 2019 shall be implemented and shall remain whilst ever the use subsists.

Reason: In ensure that the impacts on the Special Protection Area from a new dwelling in this location are sufficiently mitigated and to accord with Policy SC8 of the Core Strategy Development Plan Document.

10. Any gates to be constructed as part of the development shall not open over the highway.

Reason: In the interests of highway safety and to accord with Policy DS4 of the Local Plan for Bradford. Report to the Area Planning Panel (Keighley/Shipley)

11. In the first planting season following the completion of the development, 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 LL01 Rev A dated 5 February 2019 and received by the Council on 8 April 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 DS1 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

19/01194/FUL

Land At Pendle Road Gilstead Bingley Report to the Area Planning Panel (Keighley/Shipley)

7 August 2019

Item: E Ward: BINGLEY Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 19/01194/FUL

Type of Application/Proposal and Address: The application seeks full permission for the construction of four detached dwellings with garages at land at Pendle Road, Gilstead, Bingley.

Applicant: Ghyll Royd Properties Limited

Agent: Peter Brooksbank

Site Description: The site comprises relatively level, cleared land located within a residential estate in Gilstead, close to the junction of Studdley Crescent and Pendle Road. The site was originally used to house contractor’s huts during the construction of the wider estate. The site is currently fenced off to the frontage (western boundary) with Pendle Road; dormer bungalows and their gardens are situated to the remaining boundaries separated by a variety of domestic-type timber fences.

Relevant Site History: 80/7/05444: Construction of four detached, two-storey houses with garages, granted 1980.

As such the NPPF 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, accordingly the following adopted Core Strategy policies are applicable to this proposal.

Core Strategy Policies DS1 – Achieving good design DS3 – Urban Character DS4 – Streets and Movement DS5 – Safe and Inclusive Places TR2 – Parking Policy HO5 – Housing Density HO9 – Housing Quality Parish Council: Bingley Town Council – Recommend that the application be refused on the grounds of loss of outlook and sunlight, and the layout and density of the building design. Encourage development of the site in a manner that is in keeping with the current estate.

Publicity and Number of Representations: Publicised by neighbour notification letters and site notice with an overall expiry date for comments of 08.04.2019.

Nine objections and one supporting comment have been received.

Summary of Representations Received: In Objection: The proposed dwellings would introduce overlooking of neighbouring property. The proposed houses are not in keeping with the surrounding area. There are problems of subsidence in the area and the site may be an old quarry working, digging up the site may have a detrimental impact on stability of neighbouring property. The proposal is over-development of the site. Highway safety and lack of parking concerns. The proposal would add load to the drainage and sewage system. The land is contaminated by radon gas. Impact on neighbouring trees has not been considered.

In Support: The site is an eyesore and after it is developed it will be better the site is occupied than left as it is. Report to the Area Planning Panel (Keighley/Shipley)

Consultations: Drainage – Sustainable drainage techniques should be investigated to assist in disposal of surface water. Full drainage details required. Public sewers are shown to cross the site. The developer must therefore investigate the site in the area of their proposed development in order to determine the extent of the land drainage network and submit, to this Council for comment, proposals for dealing with any watercourses, culverts, land drains etc, affected by the development.

Highways Engineer – No objections raised, suggest conditions regarding provision of access and parking facilities prior to occupation.

Summary of Main Issues: Principle of development. Impact on visual amenity. Impact on neighbouring amenity. Highway safety. Drainage. Other issues – land stability/contamination.

Appraisal: Principle of Development The site is currently vacant and cleared land located within a sustainable, residential location. Planning permission has previously been granted on the site before for a very similar development though this dates back some time and was not implemented. Furthermore, given the lack of a 5 year housing land supply in the District, the NPPF requires that local authorities must consider applications for residential development favourably unless there are clear materials reasons otherwise. It is therefore considered that an application for residential development remains acceptable in principle in light of changes to the planning policy background since 1980.

Impact on Visual Amenity The proposed development is designed for the site though relates very closely to a permission dating back to 1980, comprising detached two-storey dwellings with a gable- fronted design addressing Pendle Road in materials of artificial stone walling and smooth grey concrete roof tiles.

The surrounding area comprises a residential estate made up of chalet-style dormer bungalows. Comment has been received and which suggest that the site should be designed to reflect the surrounding property, however these are unremarkable in their design. The proposed dwellings would be grouped together and read as an infill development of a similar housing density to the rest of the estate without resulting in any substantive visual harm.

Access to the dwellings would be taken via driveways off Pendle Road. The two –storey houses would follow the shallow slope of the land, stepping down from 4 Studdley Crescent to the north to 1 Beamsley Grove to the south. Plot 4 has been reduced in size and re-sited away from the boundary with 4 Studdley Crescent. The existing boundary fences around the perimeter of the site would be retained and reinforced with some proposed hedges and landscaping. Report to the Area Planning Panel (Keighley/Shipley)

The development would improve, and make use of, this currently untidy site that is prominently sited and as such the proposal accords with policies HO5, HO9, DS1, DS2 and DS3 of the Core Strategy.

Impact on Neighbours Amenity The scheme has been designed and amended during the course of the application with due regard to the potential impact on neighbours and to ensure the amenity of neighbours is protected.

4 Studdley Crescent is a dormer bungalow extended to the side with a rear-facing ground floor window serving utility room; this property would back onto the site with Plot 4 being some three metres from the common boundary. The application includes a drawing to demonstrate the relationship between these properties with regard to position and window placements. The scheme has been amended to re-site the dwelling at Plot 4 and reduce its bulk and massing when viewed from 4 Studdley Crescent such that it would protect the residential amenity.

All the properties are orientated to face onto Pendle Road with rear gardens behind. The usual spatial separation distances are provided. The side elevations do not include any clear glazed habitable room windows and as such the proposed design and layout, as amended, would not allow overlooking and is suitably sited to ensure unacceptable overshadowing or over dominance would not arise.

Highway Safety Comment has been received raising concern regarding highway safety concerns and the prospect of additional cars parking to the front of the site.

The Council’s Highway Engineer has commented on the proposal and has not raised any highway safety concerns. Each of the dwellings would include driveway and garage facilities to provide the required levels of off-street parking and conditions can ensure their provision prior to occupation.

For the reasons noted above the proposal is acceptable in terms of the impact on highway safety, thereby compliant with policies TR2 and DS4 of the Core Strategy and the National Planning Policy Framework.

Drainage Comment has been received regarding a sewer crossing the site, the applicant advises that they propose to update the drainage system that is currently under the site and is a legacy of the historic permission for when the estate was first developed. Condition could be added to require full drainage details including proposals for dealing with any sewers, watercourses, culverts, land drains affected by the development. Report to the Area Planning Panel (Keighley/Shipley)

Other Issues - Land Stability/Contamination Public comment has been received raising concern that the site is contaminated with radon gas and that there are land stability concerns, suggesting the site could formerly have been a quarry. The site lies within an intermediate probability radon area and the Coal Authority classify it as a low risk area.

The issue of radon gas and any necessary mitigation such as membrane barriers for the proposed dwellings are all controlled under Building Regulations and would be considered under their processes. Similarly foundation design with regard to land stability would also be a managed under the building regulations. Any damage occurring to neighbouring property would be a private matter between the interested parties, however there is no evidence to suggest that an issue with land stability is likely to arise.

A neighbour has questioned potential impact on off-site trees and wildlife; conifers to the southern boundary would be unaffected by the proposed development and the site caries no formal wildlife protection.

Community Safety Implications: There are no apparent community safety implications.

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).

3. Before any part of the development hereby permitted is brought into use, the access, off-street car parking facilities in accordance with Plan reference 133/1 Rev B and shall be constructed of porous materials, or made to direct run-off water from a hard surface to a permeable or porous area within the curtilage of the site.

4. The development shall not be occupied until details of a scheme for separate foul and surface water drainage, including any existing sewers, culverts, land drains and any balancing works or off-site works have been submitted to and approved in writing by the Local Planning Authority. Surface water must first be investigated for potential disposal through use of sustainable drainage techniques and the developer must submit to the Local Planning Authority a report detailing the results of such an investigation together with the design for disposal of surface water using such techniques or proof that they would be impractical. The details and scheme so approved shall thereafter be implemented in full before the first occupation of the development.

Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

19/01844/REM

Land To The Rear Of St Matthews Close Wilsden Bradford Report to the Area Planning Panel (Keighley/Shipley)

7 August 2019

Item: F Ward: BINGLEY RURAL Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 19/01844/REM

Type of Application/Proposal and Address: The application seeks approval of the reserved matters following an approval of an outline application for six at land to the rear of St. Matthew’s Close, Wilsden.

The outline permission considered only the principal of development. The reserved matters are in respect of the access, appearance, landscaping, layout and scale of those six houses.

Applicant: Mr David Smallwood, Acre Products (Developments) Ltd

Agent: Mr John Steel, JO Steel Consulting

Site Description: This site is 0.7 hectares of open grazing land that lies on the south western edge of Wilsden. An area of housing on St. Matthew’s Close extends along the eastern site boundary and open grazing land extends to the north and west. A sizable equestrian centre extends to the east of the site and shares the vehicular access from Wellington Road with the application site and three other dwellings, as well as an adjoining development site to the east for which the approval of reserved matters has recently been granted under application number 18/00908/REM. A new estate road from this access will be constructed to adoptable standards as part of that approval and will extend into the site under consideration.

Relevant Site History: 15/03524/OUT: Residential development including associated works, refused 13.10.2015. 16/00540/OUT: Outline application for construction of 6 dwellings on 0.7 Ha of land, granted 27.04.2016.

Applications relating to the adjoining site: 14/04844/OUT: Residential development including details of means of access, granted 02.03.2015. 18/00908/REM: Reserved matters application for seven dwellings approved by outline permission (14/04844/OUT) requesting consideration of appearance, landscaping, layout and scale, granted 26.09.2018. Report to the Area Planning Panel (Keighley/Shipley)

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

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

Core Strategy Policies HO5 – Housing Density HO9 – Housing Quality 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 EN7 – Flood Risk

Parish Council: Wilsden Parish Council does not support this application because it is not consistent with the policies in the emerging Wilsden Neighbourhood Plan, particularly policy W/HO8 on Housing Mix. The Parish Council submits that some weight should be given to the emerging Neighbourhood Plan. Impact on a Public Right of Way along the north side of the site. Preference noted for a stronger tree line along the west side of the site. The design of the houses is very suburban and do not reflect the village architecture though use of natural coursed stone walling is welcomed. Report to the Area Planning Panel (Keighley/Shipley)

Full drainage details and plans should be made available for comment before any decision on this application is reached. The Parish Council request referral to the Area Planning Panel should officers be minded to approve the application.

Publicity and Number of Representations: The proposal was publicised with a site and press notice and neighbour letters – expiry 7 June 2019. No representations have been received.

Summary of Representations Received: Not applicable.

Consultations: Drainage Section Previous comments for this development made under application 16/00540/OUT, still apply; N.B. The use of soakaways for surface water disposal will not be acceptable on sites where prevailing land gradients are in excess of 5% or on sites where filled or unstable ground is present. Comment: Drainage conditions were imposed on the outline approval and therefore this issue need not be revisited here.

Planning Highways and Access Forum Toilet is not accessible, small changes to the ground floor layout could make these dwellings readily adaptable and future proofed.

Highways Section The Highways Engineer originally had concerns regarding the internal layout. Amended plans have been received which overcome the issues and the proposal is acceptable in highway terms subject to conditions.

Rights of Way Public Footpath 182 Bingley crosses the site. It is expected that a public footpath sign is to be provided where the footpath leaves the metalled road, together with details of improved surfacing of the footpath within the development. A minimum width of 2 metres is required for the public right of way. Standard requirements for footpaths to remain unobstructed must also be adhered to.

Summary of Main Issues: Background and principle of development. Design/visual amenity. Amenities of occupiers of adjacent land. Highway safety. Drainage. Public footpath. Outstanding matters raised by representations. Report to the Area Planning Panel (Keighley/Shipley)

Appraisal: Background and Principle of Development Despite being open grazing land on the outside of the present boundary of the built up area of Wilsden, this area of land is not included within the approved Green Belt and remained unallocated on the RUDP Proposals Map. On this basis and in view of the need for additional land for housing across the District, outline planning permission was granted in 2016. Therefore the principle of residential development on this site has already been established as being acceptable. This application will consider the reserved matters of the access, appearance, landscaping, layout and scale of those 6 houses.

Design/Visual Amenity The proposed development is for 6 detached houses. These will be two storeys high and to a conventional design. The materials proposed are natural stone with blue slate roof, cream coloured uPVC windows, composite doors, aluminium bi-fold doors and uPVC rainwater goods. Each dwelling will have a grassed front and rear garden with small patio and hard surfaced parking area.

The site is not in a conservation area but is in an attractive rural location. The design of the dwellings is considered acceptable. The windows and doors will be inset from the face of the wall in a traditional manner, which will improve the aesthetics of the elevations. Samples of facing and roofing materials should be submitted for approval prior to development commencing as required by the condition imposed on the outline approval.

The Parish Council consider that the planting is not sufficient and that a buffer should be provided to the adjacent open Green Belt.

The site is a triangular wedge of land between the built form and open land to the west. The development of it would form a straight line of development in line with houses to the south. The site plan indicates that a mixture of trees and shrubs will be planted along the boundaries to the fields. This will mature and soften the impact of the development although it is not unusual to have a hard boundary between built up areas and open land.

A belt of planting will also be maintained to the east and the houses will be built from natural materials. The development is outside the Green Belt and will not impact on its openness. With regard to landscape character the proposal is considered acceptable.

The dwellings are considered to relate well to the size of the plots and do not appear cramped or over dominant.

It is considered that the appearance, landscaping, layout and scale of the proposal is acceptable and will not detract from the appearance of the surrounding area according with the relevant Core Strategy policies.

Amenities of Occupiers of Adjacent Land The proposal will have an acceptable relationship to surrounding dwellings and each other. The facing/separation distances between properties are such that the development would not cause excessive overlooking, overshadowing, over-dominance or loss of outlook and the proposal will have no adverse impact on the amenities of occupiers of adjacent land or buildings. Report to the Area Planning Panel (Keighley/Shipley)

Highway Safety The outline planning permission was with all matters reserved so the access to the site has not previously been formally considered. However the Highways Engineer previously advised that the indicative layout was generally acceptable.

Initial comments were that the access road layout shown should be a continuation of the access arrangements of Phase 1 and similar to that shown on the approved drawing, that was submitted with planning application 16/00540/OUT, and not simply a road 'bolted' on to the end of Phase 1. A revised drawing has now been submitted showing the road continuing from Phase 1.

The Highways Engineer has advised that although the access is tight it is generally acceptable. The pinch point located within phase one of the site is not considered necessary as the road is wide enough to accommodate parked cars. However whilst the two sites are related to each other they are two separate sites and this is not under consideration.

The drive to plot 13 however is too long and there is nowhere for vehicles to turn without making awkward manoeuvres, it would be better if some minor alterations to the internal landscaping of this plot were carried out so that vehicles can turn around in front of the house. This issue in isolation is not a reason to refuse planning permission and can be address with a minor alteration to the plans.

Conditions relating to highway works were imposed on the outline approval but a condition requiring the parking access and turning to be laid out prior to occupation and a construction plans condition shall also be imposed on this decision as on the adjacent site for continuity.

Drainage Wilsden Parish Council have stated that the drainage system is inadequate; the site is very wet and is likely to experience significant drainage issues both for this site and for the existing houses on St. Matthew’s Close and Wellington Road. Based upon this they request that full drainage layout details and plans to deal with the springs on and under the hillside are available for comment before any decision on this application is reached.

However, no objections have been made by the Council's Drainage Section to the principle of development. A condition requiring full details of the proposed means of foul and surface water drainage, to be submitted prior to any development commencing, was imposed on the outline approval. Therefore this issue cannot be revisited as part of the reserved matters.

It is quite common to reserve drainage details by condition and it is not considered that there are any particular issues in relation to this site that would warrant the requirement to submit details prior to determination. Report to the Area Planning Panel (Keighley/Shipley)

Public Footpath The Rights of Way Officer has raised no objections in principle with regard to the proposal’s impact on the public footpath. The comments regarding the high timber fence creating a dark and dismal footpath are noted, however this has to be balanced with the amenity of the occupiers of the dwellings who are entitled to some privacy. The timber fence will only be to one side with a lower boundary wall to the field boundary, the footpath is also straight so it is not considered that the fence will result in an unsafe environment for users. A condition was imposed on the phase one application that details of the footpath surface be submitted as well as new signage. It is proposed to repeat this condition on this application for continuity.

Outstanding Matters Raised by Representations Wilsden Neighbourhood Plan Wilsden Parish Council state that the proposed house types are not in accordance with the emerging neighbourhood plan.

Wilsden Neighbourhood Plan is a material consideration though it is still emerging and not yet adopted. However, in this case, the outline planning permission pre-dates the emerging plan by a number of years and no conditions were applied to the outline permission prescribing the housing mix or number of bedrooms in each house that would be sought.

The NPPF sets out the weight that may be given to relevant policies in emerging plans in decision-taking; factors to consider include the stage of preparation of the plan and the extent to which there are unresolved objections to relevant policies. Therefore the prescriptive approach to housing mix, number of bedrooms and property types that is being proposed in the draft Neighbourhood Plan can be given only limited weight in this particular application for approval the reserved matters.

Community Safety Implications: The issue regarding the safety of the public footpath for users has been considered, however balancing the needs of users and future residents it is not considered that there would be any unacceptable community safety implications.

Reason for Granting Reserved Matters: The proposal’s impact on local amenity and highway safety has been fully considered and is considered acceptable when measured against the relevant development plan policies and the NPPF. Report to the Area Planning Panel (Keighley/Shipley)

Conditions of Approval: 1. The development to which this notice relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matters to be approved.

Reason: To accord with the requirements of Section 92 of the Town and Country Planning Act 1990 (as amended).

2. The frames to all new and replacement windows in the development hereby permitted shall be recessed into the reveals by approximately 100-125mm, and shall be retained in this form thereafter.

Reason: In the interests of visual amenity and to accord with DS1 and DS3 of the Core Strategy Development Plan Document.

3. Prior to development commencing, details of the proposed geotextile membrane surface to the part of public footpath 182 Bingley which traverses the north of the site and new signage for this footpath shall be submitted to and approved in writing by the local planning authority. The development shall then be carried out in accordance with the approved details before the occupation of the dwellings hereby approved and thereafter retained as such.

Reason: In the interest of amenity for the users of the public right of way 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 means of vehicular and pedestrian access and parking hereby approved shall be laid out, hard surfaced and drained within the site in accordance with the approved site plan numbered 03A and highway layout numbered 1000P01 and completed to a constructional specification first approved in writing by the Local Planning Authority.

Reason: To ensure that a safe and 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 and the National Planning Policy Framework. Report to the Area Planning Panel (Keighley/Shipley)

5. Notwithstanding the provision of Class A, Part 4 of Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015, or any subsequent legislation, the development hereby permitted shall not be begun until a construction plan specifying proposals for the management of construction site access and the layout of construction site facilities has been submitted to and approved in writing by the Local Planning Authority.

The construction plan shall include the following details:

Full details of the position and width of the contractor's means of access to the site including measures to deal with surface water drainage; Intended hours of construction work, including any works of demolition; Intended hours of delivery of materials; Location of materials storage compounds, loading/unloading areas and areas for construction vehicles to turn within the site; Car parking areas for construction workers, sales staff and customers; A wheel cleaning facility or other comparable measures to prevent site vehicles bringing mud, debris or dirt onto a highway adjoining the development site; The extent of and surface treatment of all temporary road accesses leading to compound/storage areas and the construction depths of these accesses, their levels and gradients; Temporary warning and direction signing on the approaches to the site.

The construction plan details as approved shall be implemented before the development hereby permitted is begun and shall be kept in place, operated and adhered to at all times until the development is completed. In addition, no vehicles involved in the construction of the development shall enter or leave the site of the development except via the temporary road access comprised within the approved construction plan.

Reason: In order to safeguard the amenity of neighbouring occupiers and the safety of road users it is essential that the detail of these facilities is satisfactorily resolved before any work begins and to accord with policies DS5, DS9, TR2 and DS4 of the Core Strategy Development Plan Document Report to the Area Planning Panel (Keighley/Shipley)

19/00272/FUL

Land West Of Prod Gate Prod Lane Baildon Report to the Area Planning Panel (Keighley/Shipley)

7 August 2019

Item: G Ward: BAILDON Recommendation: TO GRANT PLANNING PERMISSION

Application Number: 19/00272/FUL

Type of Application/Proposal and Address: The application seeks full permission for the construction of five detached dwellings at Land to the West of Prod Lane, Baildon.

Applicant: RSJ Building Services Limited

Agent: Mr Andrew Rollinson

Site Description: The site comprises a vacant, rectangular plot of land that slopes steeply down from north to south. The site is located to the west of Prod Gate, a pair of semi-detached houses and a detached property and is accessed via existing unmade drive to those properties, off the end of Prod Lane. The access point from Prod Lane merges with the footpath which runs from the adjacent Shipley Glen Tramway. Public footpaths also run around the eastern and northern boundaries of the site. Directly to the north of the site and beyond the public footpath is a bungalow with other residential properties to the east, west and south. Boundaries to the north and the west are defined by dilapidated stone walls, the eastern boundary is partially fenced alongside number 5 Prod Gate whilst to the south it is open.

Relevant Site History: 84/01387/FUL - Three pairs of houses, granted 11.04.1984.

The National Planning Policy Framework (NPPF): The NPPF is a material planning consideration on any development proposal. The NPPF 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; Report to the Area Planning Panel (Keighley/Shipley) 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 NPPF suggests local planning authorities should approve development proposals that accord with statutory plans without delay.

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

Core Strategy Policies DS1 – Achieving good design DS3 – Urban Character DS4 – Streets and Movement DS5 – Safe and Inclusive Places TR2 - Parking Policy HO5 - Housing Density HO9 – Housing Quality

Parish Council: Baildon Town Council – Would like to see street lighting in the cul-de-sac. A watercourse crosses the site and could be subject to flooding. The adjacent public rights of way should be protected.

Publicity and Number of Representations: Publicised by neighbour notification letters and site notice with an overall expiry date for comments of 02.03.2019.

Four objections have been received including one from a Baildon Ward Councillor requesting that the application be referred to the Area Planning Panel should officers be minded to support.

Summary of Representations Received: The Plot C dwelling would introduce overlooking of neighbouring property. Construction traffic would be problematic. The proposal is overdevelopment of the site. Highway safety and lack of parking concerns.

Consultations: Highways Development Control: Proposed access road should be 4.8 metres in width and a transition ramp provided from Prod Lane. The applicant should clarify how refuse will be collected. Two parking spaces per dwelling should be provided, not including integral garages, with one visitor space on the road. Report to the Area Planning Panel (Keighley/Shipley)

Drainage: Sustainable drainage techniques should be investigated to assist in disposal of surface water. Full drainage details required. Public sewer and watercourse are shown to cross the site. The developer must therefore investigate the site in the area of their proposed development in order to determine the extent of the land drainage network and submit, to this Council for comment, proposals for dealing with any watercourses, culverts, land drains etc., affected by the development.

The proposed works must impose no additional loading on the watercourse or restrict flow in any manner.

Rights of Way: The site is bounded on three sides by public footpaths, approximate routes shown with purple lines on the plan above, a public bridleway shown green leaves Prod Lane adjacent to the red outlined site. Public Footpath No 60 (Baildon) runs to the west of the site and through the southern edge of it, Public Footpath No 43 (Baildon) runs to the northern edge of the site.

Vehicular access to the site will be along Public Footpath No 60 (Baildon); it is proposed to upgrade this to adopted highway. This track already forms the vehicular access to a small number of properties but this proposal will increase and intensify this usage by vehicles.

Biodiversity: This site is within a sensitive area for biodiversity and (according to Baildon Town Council) contains a watercourse. It is currently composed of shrubs and trees. A Preliminary Ecological Appraisal (PEA) is required in order to establish the ecological value of the site and potential to support European or nationally protected species.

Summary of Main Issues: Principle of development. Impact on visual amenity. Impact on neighbouring amenity. Highway safety. Biodiversity. Drainage.

Appraisal: Principle of Development The site is currently vacant and cleared land located within a relatively sustainable, residential location. Furthermore, given the lack of a 5 year housing land supply in the District, the NPPF requires that local authorities must consider applications for residential development favourably unless there are clear materials reasons otherwise. The site was granted permission for housing in 1984 (which was not implemented) since when there have been changes to the site circumstances and planning policy background. Nevertheless such changes do not prevent residential development of the site such that the principle this land use remains acceptable in light of the current adopted Core Strategy policies. Report to the Area Planning Panel (Keighley/Shipley)

Impact on Visual Amenity The proposed development is designed for the site and takes advantage of its sloping nature with split level two/three storey houses around a central ‘spine’ road. The properties are proposed to be constructed in natural coursed stone and blue slates to the roof. Feature sections of glazing are included to the front elevations of plots A, B, D and E to take advantage of the elevated position and longer distance views over Shipley Glen. Some amendment has been made to the property on Plot C revising its roof design to improve its appearance.

The existing boundary walls around the perimeter of the site would be rebuilt and further defined with a mix of railings, fence and hedges.

The development would improve, and make use of, this currently untidy site that is prominently sited close to the Shipley Glen Tramway and flanked on three sides by public footpaths. As such the proposal accords with Core Strategy Policies HO5, HO9, DS1, DS2 and DS3 of the Local Plan for Bradford.

Impact on Neighbouring Amenity The scheme has been designed and amended with due regard to the potential impact on neighbours and to ensure the amenity of neighbours is protected.

The property on Plot C is set within 2 to 3 metres to the northern site boundary beyond which is a public footpath and at higher level a bungalow property with a number of primary windows facing towards the site. There is currently an intervening high hedge associated with the southern boundary of the bungalow to the north but it is acknowledged that this is not a permanent screen.

As such the siting of windows to the rear elevation of the property on plot C has been carefully considered. The rear of this property has been amended so only has one first floor obscure glazed window serving a bathroom, as such no overlooking of the bungalow to the north would arise and the amenity of occupants of the proposed dwelling would be protected from being overlooked by users of the footpath to the rear. A condition can be attached to remove permitted development rights for the insertion of subsequent windows including dormer windows to ensure this situation remains.

All the properties are orientated to face south and, whilst relatively close to each other, are designed such that no habitable room windows are proposed in the rear elevations so they would not overlook each other. As such the proposed design and layout as amended would not allow overlooking and is suitably sited to ensure no excessive overshadowing or over- dominance would arise.

Accordingly and for the reasons noted above, the overall impact on residential amenity is acceptable and the proposal complies with the requirements of policies DS1, DS3 and DS5 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

Highway Safety The Council’s Highway Engineer has commented on the proposal and the proposal has been amended in response. The access from Prod Lane is to be improved and would provide a shared surface access, 4.8 metres in width. A transition ramp has also been included from the end of Prod Lane and onto the shared surface drive and an area provided for bin collection at the lower end of the site.

The development has also been amended to provide two parking spaces on the driveways for the proposed dwellings; additional garaging is also provided for each dwelling and a visitor parking space incorporated into the access road.

The amended plans demonstrate that a satisfactory access, turning and parking areas are provided for each of the proposed dwellings. The general improvements to surfacing and additional widths achieved are such that the additional traffic would not result in highway safety concerns and conflict with users of the nearby footpaths.

For the reasons noted above, the proposal is acceptable in terms of the impact on highway safety, thereby compliant with policies TR2 and DS4 of the Core Strategy and the National Planning Policy Framework.

Biodiversity The Council’s Biodiversity Officer has commented that a watercourse may cross the site and that survey to assess biodiversity value of the site would be needed to assess any impact on biodiversity. However the site is cleared and the watercourse is in fact a culverted field drain, the exact location of which is unknown. As such the site has very limited wildlife value such that a survey could not be reasonably required.

Drainage Comment has been received regarding a sewer crossing the site, the line of which is assumed to be close to the western boundary of the site; the applicant has shown a 3 metre easement strip clear of the line. As noted above, the watercourse appears to be a small culverted field drain, the specific location of which is unknown.

The Council’s Drainage Engineer advises that a condition can be added to require full drainage details including proposals for dealing with any watercourses, culverts, land drains affected by the development.

Community Safety Implications: There are no apparent community safety implications.

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).

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.

3. Before any part of the development hereby permitted is brought into use, the access, off-street car parking facilities in accordance with Drawing No SKC01 Rev D and shall be constructed of porous materials, or made to direct run-off water from a hard surface to a permeable or porous area within the curtilage of the site.

Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

5. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any subsequent equivalent legislation) no further windows, including dormer windows, or other openings shall be formed in the rear elevations of the dwellings hereby permitted without the prior written permission of the Local Planning Authority.

Reason: To safeguard the privacy and amenity of occupiers of neighbouring properties and to accord with Policy DS5 of the Core Strategy Development Plan Document.

6. The boundary treatment works shall be carried out in accordance with the approved details on Drawing No SKC01 Rev D. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme previously agreed in writing by the Local Planning Authority.

Reason: To achieve a satisfactory standard of landscaping in the interests of amenity and to accord with Policies DS1, DS2 and DS3 of the Core Strategy Development Plan Document. Report to the Area Planning Panel (Keighley/Shipley)

19/02308/FUL

1 Derry Lane Menston Ilkley LS29 6NQ Report to the Area Planning Panel (Keighley/Shipley)

7 August 2019

Item: H Ward: WHARFEDALE Recommendation: TO REFUSE PLANNING PERMISSION

Application Number: 19/02308/FUL

Type of Application/Proposal and Address: Construction of detached bungalow at 1 Derry Lane, Menston.

Applicant: Mr Hird

Agent: Belmont Design Services

Site Description: The site the subject of this application comprises the side garden area to No 1 Derry Lane which is mostly laid to lawn and enclosed by mature hedging to its boundary with Derry Hill. 1 Derry Lane is a brick built semi-detached property dating from the mid-C20 positioned on a corner plot with Derry Hill to the west. To the front of the property is a large parking area and at the bottom the rear garden is an additional driveway and garage. Levels rise steadily when travelling in a southerly direction along Derry Hill, away from the centre of Menston. The immediate street scene is uniform in nature with dwellings set at regular distances to the highway. On the opposite side of Derry Hill is an area of open land however this is an allocated housing site in the Council's adopted Development Plan.

Relevant Site History: 19/01229/FUL Construction of bungalow. Refused 16.5.2019. An appeal against this decision has been made but not yet determined.

13/05323/PMI Two storey dwelling (attached to the side of No 1) Pre application advice - Advised that the proposal is not acceptable in principle 6.2.2014.

The National Planning Policy Framework (NPPF): The NPPF is a material planning consideration on any development proposal. The NPPF 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; Report to the Area Planning Panel (Keighley/Shipley) 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 NPPF suggests local planning authorities should approve development proposals that accord with statutory plans without delay.

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 not allocated for any specific land-use in the RUDP accordingly, the following adopted Core Strategy and saved RUDP policies are applicable to this proposal.

Core Strategy Policies DS1 Achieving good design DS3 Urban Character DS4 Streets and Movement DS5 Safe and inclusive places HO5 Housing density HO6 Maximising the use of previously developed land HO9 Housing Quality TR2 Parking policy SC9 Making Good Places

Parish Council: Menston Parish Council – Objects to the scheme and referred it to be considered to the meeting of an Area Planning Panel.

Publicity and Number of Representations: By site notice and letters to neighbours. Overall expiry date 8 July 2019. One representation has been received from a Wharfedale Ward Councillor in support of the application and requested that the item be considered by the Area Planning Panel if Officers are minded to refuse the scheme.

Summary of Representations Received: The proposed bungalow will meet the applicants long term health needs of the and enable them to live in close proximity to a family member who will be on hand to provide assistance and respite care in their own home environment when needed. The Councillor also points out that there are other bungalows nearby on Derry Lane and contends that an extension to the existing dwelling to form an annex to No 1 Derry Lane would be unsuited to the applicants needs to (i) avoid the use of stairs and (ii) retain some independence both from a physical and financial perspective. Report to the Area Planning Panel (Keighley/Shipley)

Consultations: Highways Development Control: No objection. There is sufficient off street parking for both the existing and proposed dwelling with footway crossovers already in place. Unrestricted parking is also available on street.

Biodiversity: No objection. There is unlikely to be any impact on any functioning habitat from this development due to its location within the urban area.

Summary of Main Issues: Background and Site History. Principle of Development. Visual Amenity. Residential Amenity. Highway Issues. Outstanding Matters Raised by Representations.

Appraisal: The proposal seeks approval for the construction of detached 2 bedroomed bungalow in the side garden of No 1 Derry Lane. The bungalow is traditional in appearance constructed with a rendered finish and red concrete tiles to the roof. An existing outbuilding will be removed to facilitate the development. The side elevation of the bungalow faces onto Derry Lane and its principal elevation front onto, and is within 1 metre of the boundary to Derry Hill. Parking is shown to the front and rear of the plot. The submitted design statement advises that the applicants are the parents of the current owner of 1 Derry Lane and that the accommodation is required to enable the daughter to be able to assist in the care of her disabled mother.

Background and Site History A previous planning application, 19/01229/FUL, for a detached three-bed bungalow on the site was refused on 16 May 2019 on the grounds that it would represent a cramped and incongruous form of development at odds with the character of the local area. This application is the subject of an on-going, current appeal.

Prior to this a pre application enquiry for the construction of a new two storey attached property was also not supported (13/05323/PMI refers)

The current proposal differs from the previous application in that the upper floor of the bungalow has been deleted. The height of the proposed dwelling has been reduced from a maximum height of c 6.2 metres to c 4.4 metres. The bungalow now has a hipped roof instead of the earlier gabled roof. The footprint of the property remains as per the earlier scheme however the internal layout has been reconfigured to form a two-bed property all on one level. The siting of the bungalow and its position relative to the existing dwelling at No 1 Derry Lane and the neighbouring highway remains the same as does the intended parking arrangements. Report to the Area Planning Panel (Keighley/Shipley)

Principle of Development Whilst the NPPF has removed private residential gardens from the definition of previously developed land, this would not necessarily preclude the redevelopment of such sites provided, inter alia, that they do not harm the character of the established residential area. This is in recognition of the fact that such sites would often satisfy the sustainability objectives as set out in the NPPF through representing an appropriate use of an unallocated site within the limits of the built up settlement and with good access to existing local facilities.

However, the proposed development does not wholly reflect the character and pattern of development in the surrounding locality. This stretch of Derry Lane and Derry Hill is characterised by similar, regularly spaced dwellings set in spacious plots. This sense of spaciousness is particularly marked on the corner plots. The construction of the proposed detached bungalow within the side garden area of 1 Derry Lane would represent a cramped form of development at odds with the prevailing layout of the local area. The new unit would be within 1 metre of the plot boundary to Derry Hill and would consequently appear as an obtrusive feature in the wider street scene. Levels rise steadily when travelling along Derry Hill in a southerly direction and the slightly elevated nature of the plot would further highlight the prominence of the bungalow as would the removal of the existing boundary hedge. For this reason the proposal is considered to fail to accord with Policies DS1, DS2, DS3, HO9 and SC9 of the Core Strategy Development Plan Document.

Visual Amenity The design of the proposed bungalow is considered to be acceptable in that it reflects the overall style and material palette of neighbouring properties. Whilst No 1 Derry Lane is constructed in brick, it is acknowledged there is widespread use of render in the locality and that there are bungalows to the north on Derry Hill Gardens. However this would not override the underlying concerns that the development would have a cramped appearance and would be harmful to the character and appearance of the local street scene for the reasons as outlined above. The proposal is considered to be contrary to Policies DS1, DS2 and DS3 of the Core Strategy Development Plan Document.

Residential Amenity No overriding concerns. Although the bungalow projects further back that the existing dwelling, by 3.5 metres it is not considered that its siting would be so harmful to the amenities of the existing and future occupants of No 1 Derry Lane to warrant a refusal on this ground alone. Although the bungalow would be visible from the rear of No 1 it is not considered that it would be so harmful to the outlook /overbear the rear elevation of this neighbouring property given that it is set in 1m off the side wall of No 1 and the low eaves height of the proposed bungalow at this point. Sufficient space is retained for amenity purposes for both the existing and proposed dwelling. Similarly no amenity concerns are anticipated in terms of the impact of the development on the adjacent neighbour at 1 Derry Hill Gardens to the north - there is in excess of 7 metres between the rear elevation of the bungalow and the boundary and a minimum facing distance in excess of 17 metres between the respective rear elevations. In any event, as the site is elevated relative to the neighbour on Derry Hill gardens any outlook is likely to be across out over the roofscape of this neighbour. There are no neighbours to be affected on the opposite side of Derry Hill. No conflict with Policy DS5 of the Core Strategy Development Plan Document is anticipated. Report to the Area Planning Panel (Keighley/Shipley)

Highway Issues None expected. There is adequate parking provision for both the new and existing property within the curtilage of the site. The Council’s Highway Engineers have raised no objections to the proposal. The proposal is considered to accord with Policies DS4 and TR2 of the Core Strategy Development Plan Document.

Representations Whilst officers are sympathetic to the personal circumstances of the applicants and mindful of their need for the accommodation, it is not considered that their individual needs would outweigh the material harm caused to the character and appearance of the local area, in this instance. In planning terms, an attached annex / extension would be the preferred approach to meeting the aspirations of the applicant and their family as opposed to a separate stand- alone dwelling which could be occupied independently of the existing house.

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. 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.

Reasons for Refusal: 1. The proposed dwelling would present a cramped and visually incongruous form of development, the siting and scale of which would be out of keeping with the prevailing pattern of development in this area. Its projection towards Derry Hill and its relationship with the existing semi-detached houses would upset the existing balance between buildings, open space and landscaping in this locality. The proposal would be detrimental to local character and visual amenity and conflict with Policies DS1, DS3, HO9 and SC9 of the Core Strategy Development Plan Document.