report of the assistant director (planning, …...report to the regulatory & appeals committee...

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Report of the Assistant Director (Planning, Transportation & Highways) to the meeting of Regulatory and Appeals Committee to be held on 22 August 2018 Q Subject: This is a full application for the construction of a residential development comprising 113 dwellings at Lockwood Farm, 3 Spen View Lane, Bradford. Summary statement: The proposal is to construct 113 dwellings comprising a mix of detached, semi-detached and terraces and ranging in size from 1 bed through to 4 bed. In terms of design of the dwellings they are 2, 2½ and 3 storeys in height. The site is allocated as a Safeguarded Site which accepts the principle of residential development on it. The layout of the development is such that it is not considered that it will have a significantly detrimental impact on the residential amenities of the occupiers of the adjacent properties whilst the design of the dwellings is considered to be in keeping with the overall character of the area. The access to the site will be taken from both Spen View Lane and Shetcliffe Road and the Highways Department have not raised any objection to this. The proposal will provide up to 20% of the number of units as affordable dwellings and this is in line with the policy guidance. There are not considered to be any significant issues in relation to neither the drainage of the site nor contamination. Whilst there is a Grade II Listed Building on the site a buffer zone has been provided to the south and east to protect its setting and main views of it. Through the attachment of the proposed conditions and a Section 106 Legal Agreement to secure the affordable housing it is considered that the proposal is acceptable. Julian Jackson Assistant Director (Planning, Transportation & Highways) Portfolio: Regeneration, Planning and Transport Report Contact: John Eyles Major Development Manager Phone: (01274) 434380 E-mail: [email protected] Overview & Scrutiny Area: Regeneration and Environment

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Page 1: Report of the Assistant Director (Planning, …...Report to the Regulatory & Appeals Committee 1. SUMMARY This is a full planning application for the construction of 113 dwellings

Report of the Assistant Director (Planning, Transportation & Highways) to the meeting of Regulatory and Appeals Committee to be held on 22

August 2018

Q

Subject: This is a full application for the construction of a residential development comprising 113 dwellings at Lockwood Farm, 3 Spen View Lane, Bradford.

Summary statement: The proposal is to construct 113 dwellings comprising a mix of detached, semi-detached and terraces and ranging in size from 1 bed through to 4 bed. In terms of design of the dwellings they are 2, 2½ and 3 storeys in height. The site is allocated as a Safeguarded Site which accepts the principle of residential development on it. The layout of the development is such that it is not considered that it will have a significantly detrimental impact on the residential amenities of the occupiers of the adjacent properties whilst the design of the dwellings is considered to be in keeping with the overall character of the area. The access to the site will be taken from both Spen View Lane and Shetcliffe Road and the Highways Department have not raised any objection to this. The proposal will provide up to 20% of the number of units as affordable dwellings and this is in line with the policy guidance. There are not considered to be any significant issues in relation to neither the drainage of the site nor contamination. Whilst there is a Grade II Listed Building on the site a buffer zone has been provided to the south and east to protect its setting and main views of it. Through the attachment of the proposed conditions and a Section 106 Legal Agreement to secure the affordable housing it is considered that the proposal is acceptable.

Julian Jackson Assistant Director (Planning, Transportation & Highways)

Portfolio: Regeneration, Planning and Transport

Report Contact: John Eyles Major Development Manager Phone: (01274) 434380 E-mail: [email protected]

Overview & Scrutiny Area: Regeneration and Environment

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1. SUMMARY

This is a full planning application for the construction of 113 dwellings on land at Lockwood Farm, 3 Spen View Lane, Bradford.

The principle of residential development on this Safeguarded Site is acceptable. The impact of the proposal on the streetscene, neighbouring properties and the heritage assets in the locality need to be fully considered. From initial submission amendments have been made to further reduce the impact to the extent that it is now considered acceptable subject to the conditions recommended in Appendix 1.

2. BACKGROUND

Attached at Appendix 1 is the Technical Report of the Assistant Director (Planning, Transportation and Highways). This identifies the material considerations relevant to the application.

3. OTHER CONSIDERATIONS

All considerations material to the determination of this planning application are as set out in Appendix 1.

4. FINANCIAL & RESOURCE APPRAISAL

The presentation of the proposal is subject to normal budgetary constraints.

5. RISK MANAGEMENT AND GOVERNANCE ISSUES

No implications.

6. LEGAL APPRAISAL

The determination of the application is within the Council’s powers as the Local Planning Authority.

7. OTHER IMPLICATIONS

7.1 EQUALITY & DIVERSITY

Section 149 of the Equality Act 2010 states that the Council must, in the exercise of its functions “have due regard to the need to eliminate conduct that is prohibited by the Act, advancing equality of opportunity between people who share a protected characteristic and people who do not share it, and fostering good relations between people who share a protected characteristic and people who do not share it. For this purpose section 149 defines “relevant protected characteristics” as including a range of characteristics including disability, race and religion. In this particular case

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due regard has been paid to the section 149 duty but it is not considered there are any issues in this regard relevant to this application.

7.2 SUSTAINABILITY IMPLICATIONS

The site is located on the edge of the urban area and is close to a relatively frequent bus route and is therefore considered to be in a sustainable location. Electric vehicle charging points are also proposed to be incorporated within the curtilage of the dwellings and this will further enhance the sustainability of the site.

7.3 GREENHOUSE GAS EMISSIONS IMPACTS

New development invariably results in the release of greenhouse gases associated with both construction operations and the activities of the future users of the site. Consideration should be given as to the likely traffic levels associated with this development. Consideration should also be given as to whether the location of the proposed facility is such that sustainable modes of travel by users would be best facilitated and future greenhouse gas emissions associated with the activities of building users are minimised.

It is accepted that the proposed development would result in greenhouse gas emissions. However, it is considered that such emissions are likely to be relatively lower than would be the case for alternative, less sustainable locations.

In order to encourage alternative means of transport Electric Vehicle (EV) charging points are to be provided within the curtilage of each dwelling (planning condition).

7.4 COMMUNITY SAFETY IMPLICATIONS

Core Strategy Policy DS5 states that development proposals should be designed to ensure a safe and secure environment and reduce the opportunities for crime. The layout of the development has been done to try and minimise the potential for crime and anti-social behaviour. Conditions are recommended in relation to matters such as boundary treatment and lighting of the communal parking areas that will further reduce the potential for crime.

7.5 HUMAN RIGHTS ACT

Article 6 - right to a fair and public hearing. The Council must ensure that it has taken into account the views of all those who have an interest in, or whom may be affected by the proposal.

7.6 TRADE UNION

None.

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7.7 WARD IMPLICATIONS

Ward members have been fully consulted on the proposal and it is not considered that there are any significant implications for the Ward itself.

7.8 AREA COMMITTEE ACTION PLAN IMPLICATIONS

None.

7.9 IMPLICATIONS FOR CORPORATE PARENTING

None.

7.10 ISSUES ARISING FROM PRIVACY IMPACT ASSESMENT

None.

8. NOT FOR PUBLICATION DOCUMENTS

None.

9. OPTIONS

The Committee can approve the application as per the recommendation contained within Appendix 1, or refuse the application.

If the Committee decide that planning permission should be refused, they may refuse the application accordingly, in which case reasons for refusal will have to be given based upon development plan policies or other material planning considerations.

10. RECOMMENDATIONS

The application is recommended for approval, subject to the conditions included with Appendix 1.

11. APPENDICES

Appendix 1 Technical Report.

12. BACKGROUND DOCUMENTS

National Planning Policy Framework

Core Strategy

Replacement Unitary Development Plan

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17/06074/MAF

Lockwood Farm

3 Spen View Lane

Bradford

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Appendix 1 22nd August 2018 Ward: Tong Recommendation: GRANT PLANNING PERMISSION SUBJECT TO A SECTION 106 LEGAL AGREEMENT Heads of terms of the S106 Legal Agreement: Affordable housing: The on-site provision of up to 20% of the number of units to a Registered Provider as affordable housing Application Number: 17/06074/MAF Type of Application/Proposal and Address: This is a full application for the construction of a residential development comprising 116 dwellings at Lockwood Farm, 3 Spen View Lane, Bradford. Applicant: Mr & Mrs John/ Norma Brooksbank/ Driver Blackshaw Holdings & Mrs N. Driver Agent: Mr James Parker (Martin Walsh Residential) Site Description: The site is located to the east of Spen View Lane and currently comprises open fields. It is bounded to the north (Shetcliffe Lane and Fieldhurst Court) and west (Spen View Lane and Bierley Hall Grove) by existing residential development whilst to the east and south is open countryside. A number of trees are scattered throughout the site and along the boundaries. The site is undulating with a particularly steep slope in the northern section of the site sloping down from west to east. Relevant Site History: An application under reference 16/06360/MAF for the construction of 116 dwellings was withdrawn on the 19th January 2017. The National Planning Policy Framework (NPPF): The National Planning Policy Framework is now a material planning consideration on any development proposal. The Framework highlights the fact that the purpose of the planning system is to contribute to the achievement of sustainable development and that there is a presumption in favour of sustainable development which can deliver:- i) Planning for prosperity (an economic role) - by ensuring that sufficient land of the

right type and in the right places is available to allow growth and innovation; ii) Planning for people (a social role) - by promotion of strong, vibrant and healthy

communities by providing an increase supply of housing to meet the needs of present and future generations and by creating a good quality built environment with accessible local services;

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iii) Planning for places (an environmental role) - by protecting and enhancing the natural, built and historic environment, adapting to climate change including moving to a low-carbon economy.

As such the Framework suggests local planning authorities should approve development proposals that accord with statutory plans without delay. The Local Plan for Bradford: The Core Strategy for Bradford was adopted on 18 July 2017 though some of the policies contained within the preceding Replacement Unitary Development Plan (RUDP), saved for the purposes of formulating the Local Plan for Bradford, remain applicable until adoption of Allocations and Area Action Plan development plan documents. The site is allocated as a Safeguarded Site (Ref: BS/UR5.4 – Spen View Lane, Bierley) in the RUDP. Accordingly, the following adopted saved RUDP and Core Strategy policies are applicable to this proposal. Replacement Unitary Development Plan Policies: TM10 The National and Local Cycle Network TM20 Transport and Highway Improvements Core Strategy Policies: P1 Presumption in Favour of Sustainable Development SC1 Overall Approach and Key Spatial Priorities SC4 Hierarchy of Settlements SC9 Making Great Places EC4 Sustainable Economic Growth TR1 Travel Reduction and Modal Shift TR2 Parking Policy TR3 Public Transport, Cycling and Walking HO5 Density of Housing Schemes HO6 Maximising the Use of Previously Developed Land HO8 Housing Mix HO9 Housing Quality HO11 Affordable Housing EN2 Biodiversity and Geodiversity EN3 Historic Environment EN5 Trees and Woodland EN7 Flood Risk EN8 Environmental Protection DS1 Achieving Good Design DS2 Working with the Landscape DS3 Urban Character DS4 Streets and Movement DS5 Safe and Inclusive Places ID2 Viability ID3 Developer Contributions Parish Council: Not applicable in this instance.

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Publicity and Number of Representations: The application was publicised by neighbour notification letters. The expiry date for the publicity exercise was the 8th December 2017. As a result of the publicity exercise 141 representations have been received objecting to the proposal with 5 in support. Within the objections is 1 from a local Ward Councillor. Summary of Representations Received: Objections: Principle:

The application site is a beautiful area of land that provides a lung for this area of Bierley as well as an area for recreation

This extra housing is not needed.

There are lots of empty properties in Bradford

There are many houses still for sale within the area which leads me to believe there is not a need for the extra dwellings in this area

Bradford has plenty of disused building and derelict land which could be better utilise

There are mine shafts beneath and is therefore prone to subsidence, there have been incidences in the past

What effect will all this building on previously green belt land have on future generations

This farmland has had a conservation order on it for a reason, to protect it

The land is greenbelt

The proposed housing density and layout are not sympathetic to the semi-rural character of the area

The proposal will materially alter the landscape

Disruption of local footpaths and bridleways

More, excessive, housing would increase the Carbon Footprint

These proposed houses are useless, and a waste of time. These people should have taken the hint the first time they tried to get permission to build these houses. The objectors are not going to roll over and allow this to happen

Whilst social housing is welcomed, it also depends on what type? Is it emergency social housing, this has led to a deterioration of area ie Top of Bierley, and the safety of its residents

How are your figures of 42000 houses needed in Bradford calculated, the recent Brexit decision has made the estimates on immigration null and void, so these should be discarded. So who are these house targeted at and who is going to buy them

The previous application was objected to by the Coal Authority due to the presence of mine entry on the site. There is nothing on current plans to show any response to this, nor the coal authority advice to avoid construction to avoid the zone of influence of an entry

Bradford Council objected to this proposal originally [to remove from green belt] but were overruled by a government inspector on appeal by the applicant on very general grounds and as a result of a policy being pushed by the government. Therefore the council should at the least, ensure that any development proposed

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should be undertaken with a much more considered and sympathetic approach than is currently the case

There are too many houses planned for the site and there will not be enough parking spaces provided for such large houses this will result in cars being parked on verges and pavements

There is also no demand for the houses within this area therefore are they going to end up being vacant which could in turn attract vandals and anti-social behaviour which will bring down the standard of living and affect the quality of life for the existing residents

The destruction of green belt areas will only add to the poor air quality documented in this region

Has the council not looked at the vast number of empty houses on Bierley estate or the brownfield sites in the area?

Unless, as stated by the police who cannot "support the proposal in its present form" this plan should be rejected as is, and only when all the issues are resolved by the developer should this plan be put in front of the council again

The applicants base their main argument for this application to be accepted upon the grounds that "the councils lack/failure of a 5 year Deliverable Housing Land Supply" & " The time to release it is now" to which that statement may or may not be true as stated... But then surely if this application were to be granted upon that basis by the planning committee, would that not just send out a message that the council have failed to find more suitable sites with less destruction and devastation over the last 5 year period and subsequently only surrendering this land to fill the gap that the council have failed to fill with more suitable housing land?

The application does not meet the requirements of the S 106 Agreement on several fronts such as education contributions

The area has already lost lots of green space in this area including a golf course, cricket pitches and school playing fields. The proposed site is currently used recreationally by local people, dog walkers etc

How can we teach our younger generation to look after our and there environment if the council keep taken areas away like this one

Other developments are planned in the vicinity which will further impact on the area Highways:

Due to the additional traffic generated by the development it will likely result in an increase in road traffic accidents

The road network cannot accommodate additional traffic

There is not sufficient room to widen already poor roads, especially Shetcliffe Lane

Are any of the pinch points being widened such as the blind corner near Bethal Chapel, Boy Lane, Greenfield Lane or the access to the euroway estate on Rockhill Lane

Any plans on how to clear congestion which happens now at the mini roundabout, from Bierley Lane onto Shetcliffe lane, especially with Bus, lorries, vans and the future increase in traffic

There aren't enough places for people to safely ride horses as it is

Increasing the traffic will result in increased danger to riders and cyclists many of whom are children

The surrounding roads specially Shetcliffe Lane are too narrow and already used as a rat run at peak periods and a race track at other times and are dangerous

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The first bus on this route can only just get round the bend at the junction of Shetcliiffe Lane and Bierley Lane so how is it going to do this when there is going to be so much more traffic

The cycle track does not give any thought or show how it end up on Shetcliffe lane, or how you get onto/off it from either end

The road from the M62 is dangerous now, how will this be affected by the extra traffic coming up Mill Carr Rd/Greenfield lane to Boy Lane

The protected trees at the entrance of Spen View Lane cannot be touched so the road will not be able to be widened

When snow hits, there are abandoned cars all along the street

The developer has submitted hypothetical information regarding travel plans for the local area

The highways report talks about people living on the development being able to walk and cycle to work as there are local employment opportunities. The local people of Bierley and surrounding areas already fill those employment opportunities and many people already drive in from other areas of this and neighbouring towns and cities to work in this area

The Cycle way is an empty gesture as it goes to nowhere but junctions that will be dangerous to horses and cyclists due the increased traffic and it clearly leads not to route 66 at either end

The level of parking proposed is not sufficient

The highway network is used as a rat run to the motorway

The footpaths in the proposed estate are being built over how is this allowed?

The cycle path goes nowhere, it seems to end in the middle of a field

The data used for the traffic studies is out of date and doesn’t take into account new developments

How many cars are you expecting the development to bring, not including delivery, friends family visitors, permanent

All parking should not be on Spen View lane or Shetcliffe lane but inside and accommodated in the estate

There appears to be non-compliance with the council's own parking standards which were given to the developer at the outset ie this equates to 217 car spaces for dwellings plus 29 spaces for visitors, a total of 246 cars

The proposal to widen Spen View Lane and with a 2 metre footpath will only create the curse of the housing estate ie street parking

Some of the junctions and bends can be best described as hazardous for vehicles and pedestrians alike

There is no prospect of the additional 116 houses and their cars not creating more problems

The traffic monitoring surveys are out of date, and just rehashed, as is everything else

Drainage:

Building on the proposed land would cause flooding problems for the local dwellings

The report the developer has submitted regarding drainage of surface water doesn't appear to cover the west side of the development and the fact there is no street drainage on Spen View Lane the rain water already causes a steady flow down Spen View Lane toward and down Mill Carr Hill

Under planning regulations surface water is not allowed to be to connected to public fool sewers on new properties therefore street draining for Spen View Lane needs

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addressing by the developer and maintenance and possible increase in water rates for the current residents

There are several under round springs in the local area which at present run down to the beck Yorkshire Water should be consulted as the development may cause the springs to divert in to existing properties

It is proposed surface water would drain to soak-a-ways which is at variance with their own expert's guidance to provide surface water storage and attenuated discharge

All the development in the area including houses, warehouses, car parking, factories etc may be contributing to an increased risk of flooding generally and this proposed development will further increase this risk

Object to the addition of social housing on the development as when you look at the other areas of Bierley that have had social housing included within the development, this does reduce the desirability of the area

There is another major development (Former North Bierley Waste Water Treatment Works) less than 1 mile from this site

Residential amenity:

Loss of views over the open fields

There is an adverse effect on the amenity of neighbouring residents, by way of loss of privacy and overshadowing of the houses to be built directly in front of the current houses

Impact on existing properties through headlights shining into the windows

Why are the affordable houses located next to existing dwellings

Lights from the junctions will affect people’s lives Visual amenity:

The design of some on the 2 and 3 bedroom properties are reminiscent of the back to back and terrace housing that was cleared as part of slum clearances in the 60/70s

The dwellings are of poor and cheap design

The majority of dwellings on Spen View Lane are bungalows, listed buildings along with older but well maintained buildings which add character to the local area, where the proposed development is made up of large detached properties and houses which will ruin the character of the local area as they are not in-keeping or sympathetic to the environment

The linked two storey houses would present as a solid wall of building and again be at odds with opposite buildings particularly opposite numbers 28 to 42

The dwellings would create an unacceptable visual obstruction from the lane towards the east and the resulting reduced green belt

If homes must be built they should be rotated in design to face away from Spen View Lane and accessed by Shetcliffe Lane, the number be reduced by at least half, and, the lane should be left as it is at the thereby keeping its current rural character

Why are the dwellings 3 storeys in height – they will spoil views just for extra profit Environment:

The Tree Survey doesn’t take account of the hedgerow on Spen View Lane or the diversity of wildlife dependent on it

The dry stone wall and hedgerow is the one feature that gives Spen View Lane its semi rural appeal and charm, nothing can replace this or the biodiversity it creates

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Other issues:

There is no infrastructure in place to support the huge influx of people

Schools, Doctors and Dentists in the area are already oversubscribed and cannot cope now

Current residents have not been properly consulted

Why has no notifications been given to the people of Bierley and only 20 days to object

Detrimental impact on the values of the existing dwellings

Bradford is already one of the worst places to live in the U.K. - especially in terms of air pollution

There are a lot of elderly people round here who should not have to go through this

Loss of wildlife habitat

Have you no concerns of our health and that of others who live in this area

There is the danger from the overhead power cables and the phone mast to anyone living under or nearby to

There is a chapel at the top of Spen View Lane that is very well attended – where are the congregation going to park as there is not much parking as it is

It has been brought to our attention that the new estate on Coleshill way, Bierley, was bought by you, as the developers could not sell them. Is this going to happen with these houses?

This development will not bring jobs into Bradford, on a long term basis. This will become a commuter suburb of Leeds

Can you confirm that the land between behind the estate leading from Bierley lane, onto Knightsbridge Walk is up for sale and more houses are being planned for this site, doubling all the impact noted

What other land in at least the surroundings of Bierley are , up for sale, have been changed from Green Belt to Safegaurded or land with potential to be built on?

The proposal is all about profiteering

Other Cities are using new housing development s as opportunities to improve the city, its road layouts, and employment opportunities and as an intentional consequence improve and raise the living standards of its residents. This development doesn't do any of this but crams more people in to a congested bit of land

Some of the materials the developer is using for road surfaces that is the block paving are prone to subsiding and gathering moss

The Developer has not sought the views of the local community as set out in the Statement of Community Involvement

Do you have any information on plans for further development in the area?

The hard work is not to save the green belt or stop the application...that's been agreed already - it is to work hard to get the evidence to prove that this application has already been agreed !!!!.... and that the brown "envelopes" have been accepted............. these people who have accepted these "envelopes" have sold the people & the greenbelt down the river !!!!

The application plans published, take no notice of the publics concerns made

There will be disruption to essential services such as gas, water and electricity whilst new in fast ructions are installed

Current prices on similar new builds in the area that are now being sold on are a real eye opener with large discounts being offered just to tempt buyers to the area

The crime rate will rise because off over population

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Why haven’t plans been submitted that show the relationship with all the adjacent dwellings rather than just those on Fieldhurst Court

Support:

Support the building of new houses particularly if they are to be affordable

The site is an old field that’s been of no use for years

Most of the objectors are old and don’t like to move into the future

A lot of the objectors houses were once built on green fields

The plans look well thought out

The development will bring jobs to the area during the construction phase

The proposed development will add value to the area Consultations: Conservation – No objection subject to the imposition of conditions relating to the height of the boundary wall and the materials to be used Biodiversity Team – No objection to the proposal and are broadly satisfied with the ecological survey and conclusions reached. The east-west hedgerow along the public footpath to the east of the historic barns should be maintained and enhanced within the landscaping as it would provide good connecting habitat for commuting and foraging bats linking the historic buildings and the disused railway Landscape Design Unit – No objection to the principle of the development and state that the Landscape masterplan does address the major concerns previously raised about the lack of public space, linked green spaces, and, buffer belts to the site boundaries. The existing footpath links are now well incorporated into the design and with associated proposed stone walls they reflect the character of the area. The overall external works seem well considered and when the planting matures the scheme will have a good character and will be sympathetic with the important rural edge. It is important that planting/trees in public spaces or associated highways are carried out and maintained Minerals Section – No objection to the principle of the development but state that the site is located within a Minerals Safeguarding Area for coal, that is the area has been identified as containing a potential mineral resource that should be considered for extraction prior to development in order to prevent the sterilisation of the mineral Environmental Health Land Contamination – No objection subject to the imposition of appropriate conditions relating to appropriate remediation and verification works together with the importation of materials and the discovery of unexpected contamination Environmental Health Nuisance – No objection to the principle of the development but seek conditions relating to construction hours, restriction of dust during the construction phase of the development, control over construction vehicles such that they prevent nuisance to existing residents, and, that there is sufficient sound insulation between the properties Environmental Health Air Quality – No objection subject to the imposition of appropriate conditions relating to the submission of a Construction Environmental Management

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Plan and the provision of electric vehicle charging points for the dwellings within the development West Yorkshire Police – No objection to the principle of the development but make comments on specific aspects of the layout including footpath routes/permeability, Public Open Space, boundary treatments, shared pathway access, undercroft and rear parking bays, visitor parking bays, house design types, external lighting, and, physical security Lead Local Flood Authority – No objection to the proposals for the disposal of foul and surface water subject to the imposition of appropriate conditions Yorkshire Water Land Use Planning – No objection subject to the imposition of appropriate conditions relating to the disposal of foul and surface water Environment Agency Planning Liaison – The site where the development is proposed lies within Flood Zone 1 as shown on our flood map and therefore there are no comments on flood risk grounds Highways Development Control (Transport Assessment) – No objection subject to the imposition of appropriate conditions Highways Agency – No objection is raised to the proposal Rights Of Way – No objection West Yorkshire Combined Authority (Highways) – No objection to the principle of the development but state that the developer should fund a package of sustainable travel measures to encourage the use of sustainable transport as a realistic alternative to the car. This should include the provision of a bus shelter and Real Time Information display at a nearby bus stop (at a cost of £20,000 to the developer) and a bus only Residential MetroCard Scheme for the future occupiers of the development (at a cost of £57,420 to the developer) The Coal Authority – No objections as they are satisfied that due consideration has now been given by the applicant to the presence of the recorded mine shaft in the layout of the proposed development. Nevertheless, as the precise position and condition of this coal mining feature is not known, further works are required to locate and treat the shaft in order to ensure that the site is made safe and stable for the proposed development Development and Enabling – No objection to the principle of the development and state that the site is in an area where the affordable housing requirement is 20% which equates to 23 Affordable Housing units developed on site and delivered at affordable rent via a Registered Provider Education (Client Team) – No objection to the principle of the development but state that the development may cause concerns on where children of families coming to reside in the development might attend school Sport & Leisure – No objection but state that the proposal will place extra demands on the recreational infrastructure in the vicinity of the site

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Summary of Main Issues: 1. Principle of development 2. Visual amenity 3. Residential amenity 4. Highway safety 5. Drainage 6. Trees 7. Secured by design 8. Contaminated land 9. Biodiversity issues 10. Conservation 11. Affordable housing 12. Community Infrastructure Levy 13. Other issues Appraisal: The proposal relates to the construction of 113 residential units including both dwellings (105 in number) and a small number of apartments (8 in number). The dwellings are in the form of detached, semi-detached and terraces and range in size from 1 bed through to 4 bed. In terms of design of the dwellings they are 2, 2½ and 3 storeys in height. Access to the site is to be taken from both Shetcliffe Lane to the north and Spen View Lane to the west. 1. Principle of development Paragraph 47 of the National Planning Policy Framework states that planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise. Paragraph 38 of the National Planning Policy Framework states that Local planning authorities should approach decisions on proposed development in a positive and creative way. They should use the full range of planning tools available, including brownfield registers and permission in principle, and work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision-makers at every level should seek to approve applications for sustainable development where possible. Paragraph 117 of the National Planning Policy Framework states that planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions. One of the aims of the Core Strategy is to achieve sustainable housing growth and to achieve this, the following principles apply:

Distribute housing growth in a way which reflects accessibility to jobs and services and supports the role of Bradford as a Regional City

Prioritising, wherever possible, the use and recycling of previously developed land and buildings

Making most efficient use of land recognising that it is a scarce resource and thus setting challenging but achievable density targets for developers to achieve

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Ensure that development provides an appropriate mix of housing to fulfil the needs and aspirations of the District’s current and future populations

Ensure that housing development meets high standards of construction and design

Making adequate provision for affordable housing and ensuring that the housing is of the size, type and tenure to address the most pressing needs of those who cannot access market housing

The site is allocated as a Safeguarded Site (Ref: BW/UR5.4 Spen View Lane, Bierley) within the Replacement Unitary Development Plan. The policy intention of these allocations was to safeguard the sites for longer term development for housing or employment purposes and the policy did not allow redevelopment of the sites for purposes that would prevent their long term development for the uses identified. Whilst policy UR5 (Safeguarded Land) of the Replacement Unitary Development Plan has now been superseded by policy SC7 of the Core Strategy, the allocation still exists. Policy HO5 of the Core Strategy states that in order to meet both the objectives of delivering housing growth and managing that growth in a sustainable way developers will be expected to make the best and most efficient use of land. Densities should normally achieve at least a minimum density of 30 dwellings per hectare although higher densities would be possible in areas well served by public transport. Policy HO6 of the Core Strategy states that in order to meet both the objectives of delivering housing growth and managing that growth in a sustainable way the Council will give priority to the development of previously developed land and buildings. It also states that District wide there should be a minimum of 50% of total new housing development over the Local Plan period will be on previously developed land. Policy HO8 of the Core Strategy states that the Council will ensure that a mix and balance of housing is provided to meet the needs of the District’s growing and diverse population. All large sites will be expected to incorporate a mix of housing types, sizes, prices and tenures and the mix should be based on both market demand and evidence of local need within the District’s SHMA (Strategic Housing Management Assessment). Paragraph 122 of the National Planning Policy Framework states that planning policies and decisions should support development that makes efficient use of land, taking into account the following: a) the identified need for different types of housing and other forms of development, and the availability of land suitable for accommodating it; b) local market conditions and viability; c) the availability and capacity of infrastructure and services – both existing and proposed – as well as their potential for further improvement and the scope to promote sustainable travel modes that limit future car use; d) the desirability of maintaining an area’s prevailing character and setting (including residential gardens), or of promoting regeneration and change; and e) the importance of securing well-designed, attractive and healthy places. The proposed scheme does incorporate a mix of dwelling sizes including 4x1 bed, 22x2 bed, 47x3 bed and 40x4+bed as well as a mix of tenure including both open market dwellings and socially rented.

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The site measures 4.49 hectares and proposes up to 113 dwellings. This equates to a density of 25 dwellings per hectare which is below the minimum policy requirement of 30 dwellings per hectare. However, there are site specific circumstances that support the lower density including firstly the existence of a listed building within the site and the need to provide an appropriate open buffer zone around it to protect its setting and secondly the disused railway embankment running along the eastern boundary which is to remain open and used as a footpath and cycle way. Open areas are also incorporated within the development itself to break up the built form and to provide a more attractive route for public footpath no. 73 which runs through the site. By not incorporating these areas the developable site area reduces to 3.83 hectares thus equating to a density of 30 dwellings per hectare which complies with policy guidance. Based on the above analysis it is considered that the principle of residential development on the site is acceptable. 2. Visual amenity The National Planning Policy Framework states in paragraph 124 that the creation of high quality buildings and places is fundamental to what the planning and development process should achieve. Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities. Paragraph 127 states that planning policies and decisions should ensure that developments: a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit; e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and f) create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience. Paragraph 130 states that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions, taking into account any local design standards or style guides in plans or supplementary planning documents. Conversely, where the design of a development accords with clear expectations in plan policies, design should not be used by the decision-maker as a valid reason to object to development. Policy DS1 of the Core Strategy states that planning decisions should contribute to achieving good design and high quality places through, amongst other things, taking a

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holistic, collaborative approach to design putting the quality of the place first, and, taking a comprehensive approach to redevelopment in order to avoid piecemeal development which would compromise wider opportunities and the proper planning of the area. Policy DS2 of the Core Strategy states that development proposals should take advantage of existing features, integrate development into wider landscape and create new quality spaces. Wherever possible designs should, amongst other things, retain existing landscape and ecological features and integrate them within developments as positive assets, work with the landscape to reduce the environmental impact of the development, and, ensure that new landscape features and open spaces have a clear function, are visually attractive and fit for purpose, and have appropriate management and maintenance arrangements in place. Policy HO9 of the Core Strategy states that new housing should be of high quality and achieve good design, should be accessible and easily adaptable to support the changing needs of families and individuals over their lifetime and provide private outdoor space for homes. The site is located at the edge of the urban area and comprises a triangular shaped piece of land that is bounded to the west and north by existing residential development whilst to the east and south is open countryside. There are a mix of house types in the immediate surrounding area including more modern 2 storey dwellings to the north (Fieldhurst Court) and older single, 1½ and 2 storey dwellings to the west (Spen View Lane). The dwellings are in the form of detached, semi-detached and terraced dwellings. They are constructed of a mix of materials including stone, brick and render. The proposed layout is such that there is a mix of predominantly detached and semi-detached dwellings together with a small number of terraced units The dwellings will be a mix of 2, 2½ and 3 storeys in height and will be constructed using a mix of artificial coursed stone, brick and render. Open areas are incorporated within the development particularly along the eastern boundary and through the middle of the side in a west to east direction following the route of public footpath no. 73 which help to break up the built form and give a softer edge to the development leading into the open countryside to the east. Overall it is considered that the layout of the development and the design of the dwellings are in keeping with the immediate surroundings and will not be visually detrimental to the character and appearance of the area. The inclusion of the open area along the eastern boundary of the site will provide a softer edge to the development. therefore no objection is raised to the proposal. 3. Residential amenity Policy DS5 of the Core Strategy states that development proposals should make a positive contribution to people’s lives through high quality, inclusive design by, amongst other things, not harming the amenity of existing or prospective users and residents. To the north of the application site are dwellings located on Shetcliffe Lane and Fieldhurst Court whilst to the west of the site are dwellings located on Spen View Lane and the relationship between these properties and those proposed on the application site needs to be fully assessed.

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In looking first at the dwellings on Spen View Lane to the west the dwellings are oriented such that they directly overlook the application site. The dwellings are a mix of single, 1½ and 2 storeys in height. The proposed dwellings fronting onto Spen View Lane with the scheme include both 2 and 2½ storeys and generally have a main elevation fronting onto the road. The minimum separation distance between the existing and proposed dwellings where the relationship is main elevation to main elevation is 23 metres. This distance is in excess of the minimum policy requirement and therefore it is not considered that the residential amenities of the occupiers of either the existing or proposed dwellings will be significantly affected. Whilst the development of the site will result in the loss of view over the open countryside for the occupiers of the properties on Spen View Lane this is not a material planning consideration. The second relationship to consider is that of the dwellings to the north on Shetcliffe Lane and Fairhurst Court. With regard to the latter relationship there is currently a difference in land levels between the site and some of the dwellings. However as part of the proposal this difference in land levels will be reduced such that the finished floor levels for both the proposed and existing dwellings will be very similar. The relationship of the proposed dwellings to the existing dwellings is main elevation to main elevation with a minimum separation distance of 22 metres. This distance is in excess of the minimum policy requirement and therefore it is not considered that the residential amenities of the occupiers of either the existing or proposed dwellings will be significantly affected. The relationship between the proposed dwellings and the existing dwellings on Fairhurst Court include main elevation to main elevation, gable end to main elevation and gable end to gable end. The separation distances are generally acceptable with the gable end to gable end relationship being 10 metres and the gable end to main elevation relationship being 25 metres. The one relationship that is below the required separation distance is that between plot 20 and 6 Fairhurst Court where the distance is 10 metres. The relationship is main elevation to main elevation with a separation distance of 10 metres. Whilst this is below the policy norm there are site circumstances that do make it acceptable in that 6 Fairhurst Court is sited at such an angle that there will not be any direct overlooking into the windows of that property. Overall therefore it is not considered that the residential amenities of the occupiers of either the existing or proposed dwellings will be significantly affected. Within the site the separation distances are generally acceptable and future occupiers of these units will be aware of the relationships prior to moving into the dwellings. It is considered therefore the siting and design of the proposed dwellings is such that they will not significantly impact on the residential amenities of the occupiers of either the existing or proposed dwellings and therefore no objection is raised. 4. Highway safety Paragraph 109 of the National Planning Policy Framework states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road

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network would be severe. It goes onto state in paragraph 110 that applications for development should: a) give priority first to pedestrian and cycle movements, both within the scheme and with neighbouring areas; and second – so far as possible – to facilitating access to high quality public transport, with layouts that maximise the catchment area for bus or other public transport services, and appropriate facilities that encourage public transport use; b) address the needs of people with disabilities and reduced mobility in relation to all modes of transport; c) create places that are safe, secure and attractive – which minimise the scope for conflicts between pedestrians, cyclists and vehicles, avoid unnecessary street clutter, and respond to local character and design standards; d) allow for the efficient delivery of goods, and access by service and emergency vehicles; and e) be designed to enable charging of plug-in and other ultra-low emission vehicles in safe, accessible and convenient locations. Policy TR1 of the Core Strategy seeks to reduce the demand for travel, encourage and facilitate the use of sustainable travel modes, limit traffic growth, reduce congestion and improve journey time reliability whilst policy TR2 seeks to manage car parking to help manage travel demand, support the use of sustainable travel modes, meet the needs of disabled and other groups whilst improving quality of place. The site will be accessed via 2 separate vehicular accesses, the first off Spen View Lane and the second off Shetcliffe Lane. The layout of the development is such that the approximately a quarter of the site is served from Spen View Lane and the remainder of the site is served from Shetcliffe Lane. The internal access roads are not linked and therefore it is not possible to enter the site using one of the accesses and exit the site using the other. Within the site itself there is a mix of traditional estate roads and private drives. The layout is considered acceptable by the Highways Department in terms of both the design of the highway network and the level of parking proposed to serve the number of units. The construction of 113 new dwellings on the site will impact on the surrounding road network. A Transport Assessment has been submitted with the application which has been thoroughly assessed by the Highways Department. It is considered that the highway network is capable of accommodating the additional traffic likely to be generated by the proposed development but this would be subject to some traffic calming measures to be implemented on Shetcliffe Lane and some highway improvements on Spen View Lane. These works are as follows: Spen View Lane:

widening the road to 5.0 metres together with the provision of a 2.0 metre wide footpath;

the provision of a new vehicle turning area towards the northern end of Spen View Lane; and,

the improvement of the street lighting along the site frontage Shetcliffe Lane:

the widening of the road to 9.7 metres with a 2.0 wide footpath at the junction with the new access road;

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traffic calming measures including the provision of speed cushions, a raised plateau, road humps, and, new road signs; and,

the provision of a 1.8 metre pedestrian island to the immediate east of the proposed access point

The Rights of Way Officer has not raised an objection to the proposal but has pointed out that there are two public footpaths that cross or abut the site and a disused railway line that runs along the eastern boundary of the site. Public footpath Bradford South 75 runs adjacent to the site boundary and it has been agreed that the section of the footpath adjacent to the site should be tarmac surfaced with a width of 2 metres. This is reflected on the revised Planning Layout plan and is therefore considered to be acceptable. Public footpath Bradford South 73 runs through the site in a west to east direction and the Rights of Way Officer is seeking that this footpath will be tarmac surfaced with a width of 2 metres where possible. A condition is recommended that seeks the submission of the details of the proposed surfacing of the footpath. A footpath/cycle route is to be created along the disused railway line that runs along the eastern boundary of the site. The Rights of Way Officer would like to see this route as a hard surfaced cycleway but the Developer is only prepared to grassed pedestrian route through public open space. Whilst a hard surfaced route would be the preferred option the route is still being provided albeit in a grassed form. As part of the management and maintenance arrangements for the areas of open space there will be a requirement that cutting of the grass along this route be included. The West Yorkshire Combined Authority has not objected to the principle of the development but has stated that the developer should fund a package of sustainable travel measures to encourage the use of sustainable transport as a realistic alternative to the car. This should include the provision of a bus shelter and Real Time Information display at a nearby bus stop (at a cost of £20,000 to the developer) and a bus only Residential MetroCard Scheme for the future occupiers of the development (at a cost of £57,420 to the developer). It is considered that the site is in a sustainable location within easy walking distance of, for example, public transport. A condition is recommended that secures the provision, where possible, of an electric vehicle charging point for each dwelling to enhance the sustainability of the site. It is considered that the provision of electric vehicle charging points represents a betterment of the scheme as the charging points are in situ permanently rather than, for example, the Residential MetroCard Scheme which is only for 1 year and there being no guarantee the users will renew them at the end of that period. As such it is recommended that the provision of the bus shelter and the Residential MetroCard Scheme not be sought in this instance. Overall therefore, in highway terms it is considered that the proposal is acceptable and will not have a detrimental impact on highway safety or the surrounding highway network. 5. Drainage Paragraph 163 of the National Planning Policy Framework states that when determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere. Paragraph 165 states that major developments

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should incorporate sustainable drainage systems unless there is clear evidence that this would be inappropriate. The systems used should: a) take account of advice from the lead local flood authority; b) have appropriate proposed minimum operational standards; c) have maintenance arrangements in place to ensure an acceptable standard of operation for the lifetime of the development; and d) where possible, provide multifunctional benefits. Policy EN7 of the Core Strategy states that the Council will manage flood risk pro-actively while policy EN8 states that proposals for development will only be acceptable provided there is no adverse impact on water bodies and groundwater resources, in terms of their quantity, quality and the important ecological features they support. With regard to the disposal of foul sewage the Applicant intends to connect to the mains sewer whilst with regards to the disposal of surface water it is also intended to connect to the foul sewer together with the potential use of soakaways. The supporting information has been assessed by both Yorkshire Water and the Council’s Drainage Services and no objections are raised subject to the imposition of appropriate conditions. Yorkshire Water have pointed out that a 6" water main is located in Shetcliffe Lane that will need to be diverted to accommodate the proposed road widening. The matter can be controlled via the New Roads and Streetworks Act. A Flood Risk Assessment has been submitted by the Applicant and is considered to be acceptable by both Yorkshire Water and the Environment Agency and therefore no objection is raised to the proposal on flooding grounds. Overall it is considered that, subject to the imposition of appropriate conditions, there is no objection to the proposal on drainage or flooding grounds. 6. Trees Policy EN5 of the Core Strategy states that the Council will seek to preserve and enhance the contribution that trees and areas of woodland cover make to the character of the district. There are a number of trees currently spread throughout the site, mainly along the field boundaries and the disused railway line running along the eastern boundary. The trees within the site itself are not considered to be of any significant visual amenity value and their loss is not objected to. There are opportunities to enhance the amount of tree planting within the development particularly around the footpaths along the eastern boundary and through the middle of the site. A condition is proposed which seeks the submission of a landscaping plan to show the proposed new planting to compensate for the loss of the trees. Conditions are also proposed in relation to the submission of a maintenance scheme for the proposed landscaping and the future management of the open pieces of land outside the domestic curtilages. As such no objection is raised to the proposal on the grounds of the impact on the existing trees on the site.

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7. Secured by design Paragraph 91 of the National Planning Policy Framework states that Planning decisions should aim to achieve healthy, inclusive and safe places which are safe and accessible, so that crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion – for example through the use of clear and legible pedestrian routes, and high quality public space, which encourage the active and continual use of public areas. Policy DS5 of the Core Strategy states that development proposals should make a positive contribution to people’s lives through high quality, inclusive design. In particular they should, amongst other things, be designed to ensure a safe and secure environment and reduce the opportunities for crime. The West Yorkshire Police Architectural Liaison Officer has not raised an objection to the principle of the development but has raised a number of comments regarding site specific aspects of it, these being as follows: Footpath routes/permeability: The existing footpaths which are to the north and across the middle of the site by the existing farm building appear to have good levels of surveillance from the houses. Concerns are raised regarding the proposed cycle route/footpath along the eastern boundary of the site. Plots 32 to 42 and plot 79 all have rear boundaries that back onto this route which makes the rear of these properties more vulnerable to crime or forms of anti-social behaviour due to the lack of natural surveillance. The proposed cycle route/footpath route may also attract youths from other nearby areas who see the route as a ‘race track’ for riding off road motorbikes and quads around the development which causes anti-social behaviour problems for residents and calls for service to the Police. For this reason it is recommended removing the proposed cycle route and installing an 1800mm high close board timber fence along the length of the disused railway track. This should start from the side of plot 32’s north east boundary by the garage and continue along the route of the disused railway track down to plot 116, which will prevent any vehicles from entering or exiting the development from this cycle route and ensure that the main entry routes are well used which offer better surveillance. The land beyond the fence can be left as open woodland/wildlife area – a condition is recommended in relation to the submission of the boundary treatment to be installed on the development. This will ensure that appropriate boundary treatment is in place along the rear boundaries of the properties that back onto the disused railway embankment. The disused railway embankment is allocated in the Replacement Unitary Development Plan as an area for Cycleway Improvements and forms part of National Cycle Route 66 (RUDP Ref: BS/TM20.10). Thinks stretch of the disused railway links up with other areas that will form part of a much longer national cycle route and by removing the link and creating a woodland area it make the rest of the cycle route meaningless as it would not provide a continuous route. As such whilst the comments of the West Yorkshire Police are noted it is not intended to recommend the removal of the footpath/cycle route. Public Open Space (POS): The previous information on the last application mentioned that there would be a management plan in place for the areas of public open space, if this is still the case this is positive to see as it ensures that areas remain tidy – a condition is proposed in relation to the submission of an appropriate management plan for the areas of open space located outside the domestic curtilages.

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Boundary treatments: In relation to the boundary treatment it is not clear from the plans what heights they are to be. The 1200mm high railings, 900mm high coursed wall and 900mm high dry stone wall are fine to use as front boundary treatments as these allow surveillance into the front gardens. In relation to the proposed 1.65m high coursed wall and 1.65m high larch trellis fence, the fencing should be changed to a close board timber fencing which is more durable, both rear boundaries should have the heights increased to 1.8 metres to provide more security for the rear gardens. The site plan does not show any gated access - gates will need to be applied to allow for bin access – an appropriate condition is recommended in relation to the submission of details regarding the boundary treatment which will also include details of the gates to the rear gardens. Shared pathway access: A number of properties appear to have shared pathways which allow for bin access. Shared pathways are not a features supported by the Police or SBD as they are reliant on all residents being security conscious by locking gates which doesn’t always happen and can allow any stranger or potential offender the opportunity to enter a secluded pathway where they can attempt entry into the properties – an amended plan has been submitted which removes these shared pathways Undercroft and rear parking bays: A number of all have parking which is to the rear of the property or located within rear parking courts or undercroft parking areas. With this type of parking there is reduced surveillance as rear garden boundaries should be adequately protected with a suitable boundary treatment to a height of 1.8 metres, which will deter any attempts of climbing over the rear boundary to gain access into the gardens. Due to the lack of natural surveillance rear parking courts can provide an ideal environment for any vehicle offenders or youths to congregate causing anti-social behaviour or criminal damage, for these reasons rear parking courts, undercroft areas and rear gated access are not features which are supported by the Police. It is recommended that some plots have a small window installed within the lounge or kitchen/diner which will create more surveillance of the parking bays – ideally all parking should be located within the curtilage of the dwelling it serves and have good natural surveillance from that dwelling but this is not always possible. There are a number of instances within the development where parking spaces are located to the rear of the dwellings and are partially hidden by the boundary fence. Whilst these spaces do not have good levels of natural surveillance from the dwelling it serves they are overlooked by adjacent properties and with all off-street parking spaces they are very visible from the public highway. This is considered acceptable. There are a number of communal parking areas that are located to the rears of the dwellings. These do benefit from good natural surveillance from a number of surrounding dwellings. Lighting could be used on a night time to provide additional security and surveillance of these spaces and an appropriate condition is therefore recommended. Visitor parking bays: There appears to be minimal visitor parking bays which means that family members or visitors will park up on the roadside as near as possible to the person they are visiting which means that cars could be left outside or parked within residents bays or parked on the corner of any bends which can hamper visibility and cause obstructions. It would be better to include more visitor parking bays within the grassed areas to prevent future parking problems – the Highways Department have not raised an objection to the level of visitor parking proposed and therefore it is not considered that the provision of any further visitor parking could be justified. The widths

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of the access roads within the site are also considered sufficient enough to accommodate on-street visitor parking without being detrimental to highway safety. External Lighting: Any street lighting should provide good colour rendition levels, from a crime perspective the whiter the light the better the visibility around the development (Suitable standards are to BS 5489:2013). Each plot should have external lighting installed above the front and rear doorways – The level of street lighting will be agreed as part of the highway adoption process and is therefore outside the control of the planning system. With regards to the installation to the individual plots this is also outside the control of the planning system and will be up to the individual occupiers of the dwellings or the developer as to whether or not it is installed. Comments are also made about the installation of appropriate doors and windows and intruder alarms. These are not covered by the planning system and are incorporated within Building Regulations Approved Document Q. It is therefore considered that the proposal does provide a safe and secure environment for the future occupiers of the development and no objection is raised. 8. Contaminated land Paragraph 178 of the National Planning Policy Framework states that decisions should ensure that: a) a site is suitable for its proposed use taking account of ground conditions and any risks arising from land instability and contamination. This includes risks arising from natural hazards or former activities such as mining, and any proposals for mitigation including land remediation (as well as potential impacts on the natural environment arising from that remediation); b) after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990; and c) adequate site investigation information, prepared by a competent person, is available to inform these assessments. Paragraph 179 states that where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner. Policy EN8 of the Core Strategy states that proposals which are likely to cause pollution or are likely to result in exposure to sources of pollution (including noise, odour and light pollution) or risks to safety, will only be permitted if measures can be implemented to minimise pollution and risk to a level that provides a high standard of protection for health, environmental quality and amenity. The application was supported by the appropriate site investigation reports which have been fully assessed by the Environmental Protection Team. The site investigation works were designed to achieve comprehensive site coverage within the proposed development area. The known features considered for the site investigation works included the substation in the south of the site and the former iron pit and mine shaft in the north. The Report concluded that “based on the chemical results obtained it is considered that there is currently a low risk to end users from localised ground contamination on-site”.

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A ground gas assessment was also carried out and it acknowledged that the site was located in the zone of influence of two seams of coal at shallow depth. The Report confirmed that the coal has previously been worked with a mine entry located in the North West corner of the site. It concludes that due to the risk of harmful gases being present within the coal workings it would be prudent that the following construction details are adopted for site. This is due to the concerns relating to the long term build-up of Carbon Dioxide beneath the ground floor slab. As such gas protection measures will be required to protect the future occupiers of the development from the gases. In terms of land quality no objections are raised to the proposal by the Environmental Protection Team subject to the imposition of appropriate conditions. As stated above the site is located within the zone of influence of two coal seams. This is acknowledged by the Coal Authority who have stated that there is a recorded mine entry in the north western portion of the site. The Coal Authority initially objected to the proposal on the grounds that the submission did not fully address their concerns. Whilst no further site investigations have been undertaken to accurately locate the mine entry shaft, the layout of the development was revised such that the proposed dwellings are now positioned outside the identified stand-off zone. The stand-off zone has been calculated, in part, based upon a depth to hard rock of 2 metres and confirmation has been submitted by the Applicant that the existing land levels will be reduced such that rockhead will be at a depth of 2 metres or less across the 10 metre departure radius from the plotted position of the shaft. The Coal Authority no longer object to the proposal. Overall therefore with regard to land quality and coal mining issues there are no objections to the proposal. 9. Biodiversity issues Paragraph 175 of the National Planning Policy Framework states that when determining planning applications, Local Planning Authorities should ensure that if significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused. Policy EN2 of the Core Strategy states that development proposals that may have an adverse impact on important habitats and species outside Designated Sites need to be assessed against the impact it will have on habitats and species as well as the extent to which appropriate measures to mitigate any potentially harmful impacts can be identified and carried out. A Phase I Habitat and Protected Fauna Survey has been submitted with the application. The Report looks to establish whether or not there are any issues that may affect the proposed development. The findings of the surveys indicated that:

there were no badger setts or badger field signs within the survey area;

no watercourses were found and therefore there will be no impact on water voles, otters or crayfish;

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no ponds were identified within 500 metres of the survey area and there will therefore be no impact on great crested newts;

no structures or mature trees that could provide bat roost potential were identified and therefore there will be no impact on roosting bats during the proposed works;

the survey area provides low foraging potential for bats with no continuous linear features for bats to use as flight paths and no areas for sheltered foraging;

the vegetation within the survey area provides opportunities for nesting birds during the nesting season (March-September) and vegetation clearance within the nesting season will have an impact on any nesting birds within the application site; and,

the survey area provides no potential for habitat for reptiles due to the large grazing fields providing no refuge for reptiles. No reptiles were identified during the survey therefore the works will have no impact on any reptiles within the work area.

Whilst it was concluded that the site is of low ecological value to the Report does recommend some biodiversity enhancements to compensate for the impact of developing the site and these are as follows:

Trees and hedgerows should be retained where possible;

Native plant and tree species should be planted on the site to enhance the wild bird habitat; and,

Additional planting should be provided along the disused railway line to enhance the corridor for and to encourage foraging bats.

Subject to the imposition of an appropriate condition requiring the development to be carried out in accordance with recommendations highlighted above it is not considered that the proposal will have a significantly detrimental impact on the biodiversity value of the site and its surroundings. 10. Conservation Paragraph 184 of the National Planning Policy Framework states that heritage assets are an irreplaceable resource, and should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations. Paragraph 189 states that in determining planning applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. Paragraph 190 goes onto state that Local Planning Authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this into account when considering the impact of a proposal on a heritage asset, to avoid or minimise any conflict between the heritage asset’s conservation and any aspect of the proposal. Paragraph 196 states that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be

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weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use. Policy EN3 of the Core Strategy states that the Council will preserve, protect and enhance the character, appearance and historic value and significance of the Districts designated and undesignated heritage assets and their settings. The application proposals have been assessed in relation to the relevant statutory duties, including the Planning (Listed Buildings and Conservation Areas) Act (1990), the National Planning Policy Framework and Replacement Unitary Development Policies. Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 are relevant to the determination of the application. Insofar as material the statutory provisions provide: Section 66(1) provides: “In considering whether to grant planning permission for development which affects a listed building or its setting, the Local Planning Authority, or as the case may be, the Secretary of State, shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses”. There is a Grade II Listed Building (Lockwood Farm) located on the western boundary of the site. As such there is a need to ensure the setting of this building and its curtilage is protected. An outbuilding adjacent to the Listed Building will be removed but the stone walls forming the boundary to the building will be retained. An area of open space is to be provided to the south of the Listed Building which will retain views of it from Spen View Lane. An area of open space is also provided to the north esat thus keeping a degree of separation of it from the proposed new build. No objection has been received to the proposal from the Conservation Officer subject to the retention of the dry stone walls currently forming its boundary and a condition restricting the height of the wall such that it would replicate the typical height of a field wall (at least 1200mm in height). Subject to the imposition of a condition relating to the boundary wall it is not considered that the proposal will have a detrimental impact on the setting of the Listed Building. 11. Affordable housing Policy HO11 of the Core Strategy states the Council will ensure that there is a sufficient supply of good quality affordable housing distributed throughout the District and, subject to viability, will negotiate up to 20% in towns, suburbs and villages. The site is in an area where the affordable housing requirement is up to 20% of the number of units to be provided to a Registered Provider. The Applicant has not submitted any evidence in the form of a financial viability appraisal to suggest that the development cannot provide this requirement. The need is for on-site provision and this will be secured through a Section 106 Legal Agreement. 12. Community Infrastructure Levy (CIL) The site is located within a nil CIL area and therefore will not generate any monies towards infrastructure provision under the CIL legislation.

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13. Other issues A number of other issues have been raised during the publicity exercise that have not been addressed in the earlier sections of this report. These issues, together with the response, are as follows: There is no infrastructure in place to support the huge influx of people – unfortunately the issues of doctors/dentists being full is not a material planning consideration and they will generally respond to demand in regard to providing additional spaces. With regard to the educational infrastructure monies will be available through the Community Infrastructure Levy (CIL) which can be used towards expanding schools Schools, Doctors and Dentists in the area are already oversubscribed and cannot cope now – unfortunately the issues of doctors/dentists being full is not a material planning consideration and they will generally respond to demand in regard to providing additional spaces. With regard to the educational infrastructure monies will be available through the Community Infrastructure Levy (CIL) which can be used towards expanding schools Current residents have not been properly consulted – the application has been advertised in accordance with the Council’s Protocol for the advertising of planning applications and has been advertised by press notice, site notices and neighbour notification letters Why has no notifications been given to the people of Bierley and only 20 days to object – the application has been advertised in accordance with the Council’s Protocol for the advertising of planning applications and has been advertised by press notice, site notices and neighbour notification letters Detrimental impact on the values of the existing dwellings – the impact a development will have on the monetary values of any neighbouring residential properties is not a material planning consideration Bradford is already one of the worst places to live in the U.K. - especially in terms of air pollution – air quality is an issue that needs to be taken into account when considering a proposal. In order to try and mitigate air quality and encourage the use of alternatives to the motor vehicle a condition is recommended that will secure the provision of an electric vehicle charging point for each dwelling There are a lot of elderly people round here who should not have to go through this – unfortunately the age of the surrounding population is not a material planning consideration Have you no concerns of our health and that of others who live in this area – the scheme does incorporate links to a footpath being provided along the disused railway line along the eastern boundary of the site and open grassed areas are provided within the site to allow informal recreation. Electric vehicle charging points are also to be provided for the dwellings which will encourage the use of electric vehicles thus improving the air quality in the area There is the danger from the overhead power cables and the phone mast to anyone living under or nearby to – there is no evidence to suggest that there is any danger to

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the future occupiers of the site from the overhead cables and phone masts that are located near the site. As there are none that are located within or cross the site then there are no significant concerns There is a chapel at the top of Spen View Lane that is very well attended – where are the congregation going to park as there is not much parking as it is – the proposed development does provide a level of parking that satisfies the policy requirement and as such is unlikely to result in a significant amount of overspill parking on the surrounding highway network It has been brought to our attention that the new estate on Coleshill Way, Bierley, was bought by you, as the developers could not sell them. Is this going to happen with these houses? – it is highly unlikely that the Council will buy any houses that are built as part of this development should they not be sold This development will not bring jobs into Bradford, on a long term basis. This will become a commuter suburb of Leeds – the development will bring jobs to the District during the construction phase of the development and these are welcomed. People who occupy the dwellings may well work in Leeds or Bradford but that is not a material planning consideration Can you confirm that the land between behind the estate leading from Bierley Lane, onto Knightsbridge Walk is up for sale and more houses are being planned for this site, doubling all the impact noted – no details have been submitted about which site this specifically relates to and therefore no further comment can be offered What other land in at least the surroundings of Bierley are, up for sale, have been changed from Green Belt to Safeguarded or land with potential to be built on? – No other sites have been changed from Green Belt to Safeguarded land, this cannot be done without the preparation of the new Allocations Development Plan Document that is currently being prepared but will not be adopted for a number of years The proposal is all about profiteering – this is not a material planning consideration Other Cities are using new housing developments as opportunities to improve the city, its road layouts, and employment opportunities and as an intentional consequence improve and raise the living standards of its residents. This development doesn't do any of this but crams more people in to a congested bit of land – the site is a Safeguarded Site which accepts the principle of residential development on it. The layout has been thoroughly assessed in the above sections of the report and is considered to be acceptable Some of the materials the developer is using for road surfaces that is the block paving are prone to subsiding and gathering moss – the proposed materials to be used for the road, particularly where they are to be adopted, will need to be agreed with the Highways Department prior to the roads being constructed The Developer has not sought the views of the local community as set out in the Statement of Community Involvement – a Statement of Community Involvement has been submitted with the application and whether the Applicant takes on board the comments raised by the local community is up to them

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The hard work is not to save the green belt or stop the application...that's been agreed already - it is to work hard to get the evidence to prove that this application has already been agreed !!!!.... and that the brown "envelopes" have been accepted............. these people who have accepted these "envelopes" have sold the people & the greenbelt down the river !!!! – no comments to make on this point The application plans published, take no notice of the public’s concerns made – it is up to the Applicant whether or not they take on board the comments made by the public during any publicity exercise prior to the application being submitted or during the life of the planning application There will be disruption to essential services such as gas, water and electricity whilst new in fast ructions are installed – should any disruptions to local services be caused during the construction phase of the development they will be minimised to reduce the potential impact on the existing residents in the area Current prices on similar new builds in the area that are now being sold on are a real eye opener with large discounts being offered just to tempt buyers to the area – the end value of dwellings on the site is not a material planning consideration The crime rate will rise because off over population – the layout of the site has been designed to provide a safe and secure environment for the residents and conditions are recommended, for example, in relation to the boundary treatment to ensure that it is appropriate Why haven’t plans been submitted that show the relationship with all the adjacent dwellings rather than just those on Fieldhurst Court – the layout plan does show the relationship with the adjacent dwellings to the north and west of the site. Cross-section plans have been submitted to show the relationship with the dwellings on Fairhurst Court because of the land level differences. There are no significant land level differences with the dwellings on Spen View Lane and this is why cross-sectional plans were not requested Community Safety Implications: There are no other community safety implications other than those referred to in the main body of the report. Equality Act 2010, Section 149: Section 149 of the Equality Act 2010 states that the Council must, in the exercise of its functions “have due regard to the need to eliminate conduct that is prohibited by the Act, advancing equality of opportunity between people who share a protected characteristic and people who do not share it, and fostering good relations between people who share a protected characteristic and people who do not share it. For this purpose Section 149 defines “relevant protected characteristics” as including a range of characteristics including disability, race and religion. In this particular case due regard has been paid to the Section 149 duty but it is not considered there are any issues in this regard relevant to this application. Reason for Granting Planning Permission: The scheme provides a residential scheme on a Safeguarded Site. The scale, form, layout and design of the proposal are acceptable and present no concerns with regard to residential amenity, visual amenity and highway safety. The proposal is considered

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acceptable and, with the attached conditions and a Section 106 Legal Agreement securing the provision of the affordable housing, satisfies the requirements of policies TM10 and TM20 of the adopted Replacement Unitary Development Plan, policies P1, SC1, SC4, SC9, EC4, EC5, TR1, TR2, TR3, H05, H06, H08, H09, H11, EN2, EN3, EN5, EN7, EN8, DS1, DS2, DS3, DS4, DS5, ID2, and, ID3 of the Local Plan for Bradford, and, the relevant paragraphs of the National Planning Policy Framework. Conditions of Approval: 1. Time limit 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. Separate foul and surface water drainage The site shall be developed with separate systems of drainage for foul and surface water on and off site. Reason: In the interest of satisfactory and sustainable drainage and to accord with Policy EN7 of the Local Plan for Bradford. 3. No piped discharge of surface water No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority Reason: To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the foul sewer network and to accord with Policy EN7 of the Local Plan for Bradford. 4. Use of SUDS Notwithstanding the details contained in the supporting information, the drainage works shall not commence until full details and calculations of the proposed means of disposal of surface water drainage, based on drainage principles that promote water efficiency and water quality improvements through the use of SuDS and green infrastructure to reduce its effect on the water environment. The maximum pass forward flow of surface water from the development shall be restricted to ten litres per second and cater for all storms up to and including the 1% annual exceedance probability plus an allowance for climate change. The details to be submitted to and approved by the Local Planning Authority. The development shall thereafter only proceed in strict accordance with the approved drainage details. Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Local Plan for Bradford. 5. Surface water drainage system Notwithstanding the details contained in the supporting information, the drainage works shall not commence until the hydraulic and structural capacity of the receiving surface water drainage system is determined and proven to be acceptable to accept the proposed flows from the development.

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Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Local Plan for Bradford. 6. Surface Water Drainage Maintenance and Management The surface water drainage infrastructure serving the development shall be managed in strict accordance to the terms and agreements, over the lifetime of the development, as set out in a Surface Water Drainage Maintenance and Management document to be submitted to the Lead Local Flood Authority for approval. Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Local Plan for Bradford. 7. Disposal of foul water drainage Notwithstanding the details contained in the supporting information, the drainage works shall not commence until full details and calculations of the proposed means of disposal of foul water drainage, have been submitted to and approved by the local planning authority. The development shall thereafter only proceed in strict accordance with the approved drainage details. Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Local Plan for Bradford. 8. Foul water drainage system Notwithstanding the details contained in the supporting information, the drainage works shall not commence until the hydraulic and structural capacity of the receiving foul water drainage system is determined and proven to be acceptable to accept the proposed flows from the development. Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Local Plan for Bradford. 9. Management of surface water flood route No development to take place until details of how the development intends to manage the existing surface water flood route through the development have been submitted and approved by the local planning authority. Reason: To ensure proper drainage of the site and to accord with policy EN7 of the Local Plan for Bradford. 10. Remediation strategy Unless otherwise agreed in writing with the Local Planning Authority, Prior to construction of the development hereby approved beginning a detailed remediation strategy, which removes unacceptable risks to all identified receptors from contamination, shall be submitted to and approved in writing by the Local Planning Authority. The remediation strategy must include proposals for verification of remedial works. Where necessary, the strategy shall include proposals for phasing of works and verification. The strategy shall be implemented as approved unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the site is remediated appropriately for its intended use and to comply with policy EN8 of the Local Plan for Bradford.

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11. Remediation verification Unless otherwise agreed in writing with the Local Planning Authority, a remediation verification report, including where necessary quality control of imported soil materials and clean cover systems, prepared in accordance with the approved remediation strategy shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of each phase of the development (if phased) or prior to the completion of the development. Reason: To ensure that the site is remediated appropriately for its intended use and to comply with policy EN8 of the Local Plan for Bradford. 12. Unexpected contamination If, during the course of development, contamination not previously identified is found to be present, no further works shall be undertaken in the affected area and the contamination shall be reported to the Local Planning Authority as soon as reasonably practicable (but within a maximum of 5 days from the find). Prior to further works being carried out in the identified area, a further assessment shall be made and appropriate remediation implemented in accordance with a scheme also agreed in writing by the Local Planning Authority. Reason: To ensure that the site is remediated appropriately for its intended use and to comply with policy EN8 of the Local Plan for Bradford. 13. Materials importation A methodology for quality control of any material brought to the site for use in filling, level raising, landscaping and garden soils shall be submitted to, and approved in writing by the Local Planning Authority prior to materials being brought to site. Reason: To ensure that all materials brought to the site are acceptable, to ensure that contamination/pollution is not brought into the development site and to comply with policy EN8 of the Local Plan for Bradford. 14. Means of access Before any part of the development is brought into use, the proposed means of vehicular and pedestrian access hereby approved shall be laid out, hard surfaced, sealed and drained within the site in accordance with the approved plan and completed to a constructional specification approved in writing by the Local Planning Authority. Reason: To ensure that a suitable form of access is made available to serve the development in the interests of highway safety and to accord with policies DS4 and DS5 of the Local Plan for Bradford. 15. Off-street car parking Before the development is brought into use, the off street car parking facility shall be laid out, hard surfaced, sealed and drained within the curtilage of the site in accordance with the approved drawings. The gradient shall be no steeper than 1 in 15 except where otherwise approved in writing by the Local Planning Authority. Reason: In the interests of highway safety and to accord with policies DS4 and DS5 of the Local Plan for Bradford.

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16. Gates not to open over highway 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 policies DS4 and DS5 of the Local Plan for Bradford. 17. Visibility splays Before any part of the development is brought into use, the visibility splays shown on the approved plan shall be laid out and there shall be no obstruction to visibility exceeding 900mm in height within the splays so formed above the road level of the adjacent highway. Reason: To ensure that visibility is maintained at all times in the interests of highway safety and to accord with Policy TR2 and Appendix 4 of the Local Plan for Bradford. 18. Section 278 Agreement Notwithstanding the details submitted, within 6 months of the development hereby permitted commencing on site, full details for the works associated with any Section 278 Agreement shall be submitted to and approved in writing by the Local Planning Authority. The plans so approved as well as appropriate timescales for the delivery of these highway improvements shall be implemented in accordance with the specifications of the Local Highways Authority. Reason: In the interests of highway safety and to accord with Policy DS4 of the Core Strategy Development Plan Document 19. Construction Plan Notwithstanding the provision of Class A, Part 4 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, or any subsequent legislation, the development hereby permitted shall not be begun until a plan specifying arrangements for the management of the construction site has been submitted to and approved in writing by the Local Planning Authority. The construction plan shall include the following details: i) full details of the contractor's means of access to the site including measures to deal with surface water drainage; ii) hours of construction work, including any works of demolition; iii) hours of delivery of materials; iv) location of site management offices and/or sales office; v) location of materials storage compounds, loading/unloading areas and areas for construction vehicles to turn within the site; vi) car parking areas for construction workers, sales staff and customers; vii) 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.

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Reason: To ensure the provision of proper site construction facilities on the interests of highway safety and amenity of the surrounding environment and its occupants and to accord with policies TR1, TR3, DS4, and, DS5 of the Local Plan for Bradford. 20. Wheel wash facility The developer shall prevent any mud, dirt or debris being carried on to the adjoining highway as a result of the site construction works. Details of such preventive measures shall be submitted to and approved in writing by the Local Planning Authority before development commences and the measures so approved shall remain in place for the duration of construction works on the site unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of highway safety and to accord with policies DS4 and DS5 of the Local Plan for Bradford. 21. Electric Vehicle Charging Points Every property built on the site with a dedicated parking space shall be provided with an outdoor, weatherproof electric vehicle charging point readily accessible from the dedicated parking space. The electrical circuits shall comply with the Electrical requirements of BS7671: 2008 as well as conforming to the IET code of practice on Electric Vehicle Charging Equipment installation 2012 ISBN 978-1-84919-515-7 (PDF). All electric vehicle charging points shall be clearly marked as such and their purpose explained to new occupants within their new home welcome pack/travel planning advice. Reason: To facilitate the uptake of low emission vehicles by staff and visitors and to reduce the emission impact of traffic arising from the development in line with the council's Low Emission Strategy and National Planning Policy Framework (NPPF). 22. Materials Notwithstanding the details submitted, within 6 months of the development hereby permitted commencing on site, arrangements shall be made with the Local Planning Authority for the inspection of all 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 policy DS1 of the Local Plan for Bradford. 23. Biodiversity enhancements The development shall be carried out in accordance with the biodiversity enhancement recommendations contained with the Phase I Habitat and Protected Fauna Survey (Ref No. 140425) prepared by Whitcher Wildlife Ltd and dated 23rd April 2014. A timetable for the implementation of the recommendations shall first be submitted to and approved in writing by the Local Planning Authority within 6 months of the development hereby permitted commencing on site. Reason: To enhance the biological value of the site and to accord with policy EN2 of the Local Plan for Bradford.

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24. Finished floor levels Prior to the development hereby permitted commencing on site, plans of the site showing details of the existing and proposed ground levels, proposed floor levels, levels of any paths, drives, garages and parking areas and the height of any retaining walls within the development site have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in complete accordance with the details so approved and shall be so retained thereafter. Reason: To ensure that the works are carried out at suitable levels in relation to adjoining properties and highways in the interests of visual amenity and to accord with policy DS1 of the Local Plan for Bradford. 25. Open space Agreement Notwithstanding the details submitted, within 6 months of the development hereby permitted commencing on site, a Management and Maintenance Agreement shall be submitted in relation to the future maintenance of the areas of open space that are located outside the residential curtilages, including the cutting of the grass on the railway embankment running along the eastern boundary of the site. The Agreement shall be approved in writing by the Local Planning Authority and the development carried out in full accordance with the approved details. Reason: To ensure that the works are carried out at suitable levels in relation to adjoining properties and highways in the interests of visual amenity and to accord with Policies DS2 and DS3 of the Core Strategy Development Plan Document. 26. Landscaping scheme Notwithstanding the details submitted, within 6 months of the development hereby permitted commencing on site a scheme of hard and soft landscaping shall be submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall show the following details: i) Position of all trees to be retained on the site, including any trees planted subject to requirements of previous consents to fell; ii) Details of proposed new trees and details of new shrub and grass areas - including the extent of such areas and the numbers of trees and shrubs in each position with size of stock, species and variety; iii) The extent, types and heights of the means of enclosure to all curtilages. iv) Details of types of hard surfaces within the development other than those within the domestic curtilages. v) Details of any re-graded contours and details of changes in level required for purposes of landscaping within the site. The landscaping scheme so approved shall be implemented during the first available planting season following the completion of the development hereby approved or in accordance with a timetable having previously been agreed with the Local Planning Authority and in accordance with the approved details. Any trees or plants comprising the approved landscaping becoming diseased or dying or which are removed or damaged within the first 5 years after the completion of planting shall be removed immediately after the disease/death and a replacement tree or planting of the same species/specification shall be planted in the same position no

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later than the end of the first available planting season following the disease/death of the original planting. Reason: In the interests of visual amenity and to accord Policies EN5, DS2 and DS3 of the Local Plan Core Strategy. 27. Landscape maintenance Notwithstanding the details submitted, within 6 months of the development hereby permitted commencing on site a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than privately owned domestic gardens, shall be submitted to the Local Planning Authority for concurrent approval in writing with the landscaping scheme. The landscape management plan shall be carried out as approved. Reason: To ensure proper maintenance of the landscaped areas in the interests of amenity and to accord with Policy DS1 of the Local Plan for Bradford. 28. Footpath surface improvements Notwithstanding the details submitted, within 6 months of the development hereby permitted commencing on site, details of the proposed surface treatment improvements to the footpaths within the site boundary, together with the installation of anti-vehicle bollards at the entrances to the footpaths where appropriate and a timetable for the implementation of the works, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and permanently retained as such thereafter. Reason: In the interests of amenity and to accord with Policy TR3 of the Local Plan for Bradford. 29. Lighting of communal parking areas Notwithstanding the details submitted, within 6 months of the development hereby permitted commencing on site, details of the proposed lighting to the communal parking areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in full accordance with the approved details Reason: In the interests of protecting the residential amenity of the occupiers of the neighbouring dwellings and to accord with policy DS1 of the Local Plan for Bradford. 30. Boundary wall around the listed building Notwithstanding the details submitted, within 6 months of the development hereby permitted commencing on site, details of the proposed boundary drystone wall around Lockwood Farm shall be submitted to and approved in writing by the Local Planning Authority. These details shall include the height (at least 1200mm in height) and materials. Reason: In the interests of protecting the setting of the heritage asset and to accord with policy EN3 of the Local Plan for Bradford.