81-home development at Land South East Of 20 Toothill Bank, Rastrick, Brighouse

What was proposed

The application proposed demolishing existing structures and building 81 mostly two-storey artificial-stone homes, including 20 affordable homes.

“Architecturally, the context is equally varied, albeit with the prevailing scale being two- storeys, and materials ranging from stone and artificial stone to brick, render and cladding. In addition to Quarry Road running through the site, footpath (12/99/1) runs across its northern section from Carr Green playing field to land at Southages Quarry.”

“In terms of tenure, it is proposed that 70% of these units (14 homes) would be affordable rent and 30% (6 homes) would be shared ownership.”

Officer report

What officers recommended

Officers recommended permission subject to a legal agreement, concluding that the allocated housing site was sustainable and its benefits outweighed its adverse impacts.

“Overall, taking all these matters into account, it is concluded that the adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits of bringing the site forward to deliver housing. On that basis, the site is considered sustainable and in accordance with the NPPF, the officer’s recommendation is that permission should be granted (subject to the completion of a legal agreement).”

“The proposal is considered to be acceptable subject to a Section 106 Legal Agreement covering the matters set out above and the conditions set out below. Subject to these, the recommendation of MINDFUL TO PERMIT SUBJECT TO THE COMPLETION OF A SECTION 106 LEGAL AGREEMENT has been made because the development is in accordance with the policies and proposals in the Calderdale Local Plan and National Planning Policy Framework set out in the sections above and there are no…”

Officer report

What consultees said

Highways, the Environment Agency, education services, ecology officers and the tree officer raised no objection in principle, subject to conditions or contributions.

“Education Services – There are surplus places in the area and there is consequently no requirement for a contribution towards education. This assessment is based on the following Primary Schools: Carr Green J, I and N School, Field Lane Primary School, Longroyde Junior School, Old Earth School, St Andrew’s Infant and Junior Schools and Woodhouse Primary School where Education Services have identified an overall surplus of 246 places, with the roll expected to drop over the…”

“Tree Officer: Having reviewed the revised plans and visited the site, the Tree Officer concludes that the proposals would not result in any unacceptable impact on the existing trees. Subject to the retained trees being protected as per BS 5837:2012 during the works, the Tree Officer has no further comments. West Yorkshire Archaeology Service – WYAAS initially advised that in light of the absence of any known archaeology there is no need for further archaeological works.”

Officer report

What residents said

Most representations objected, citing traffic and pedestrian safety, flooding, wildlife and trees, living conditions, infrastructure, green space and drainage.

“ A concern that the site access is too close to existing driveways, which residents consider would lead to safety issues on the highway for residents, pedestrians, and motorists, exacerbated by traffic generated by the development.  The increased traffic flow associated with the development would significantly impact on the ability of nearby residents to safely reverse and pull out of their driveways, particularly during peak morning and evening hours.”

“ The threatened trees have considerable amenity to local people and wildlife, and they are of significant landscape merit, particularly the large sycamore next to the path between the fields.  Some of these trees lie within the wildlife habitat network.  Removal of these mature trees would significantly reduce the biodiversity of the site.”

Officer report

Who spoke

An objector and the applicant’s agent addressed the committee, while Councillors Dickenson and Judge attended as ward councillors and addressed members.

The committee’s decision

The committee resolved to permit the application subject to completing a legal agreement and amended the wording of highway condition 16.

“The Planning Officer presented a written report of the Director, Regeneration and Strategy which had been submitted in accordance with the Town and Country Planning Act 1990 and the Town and Country Planning (Development Management Procedure) (England) Order 2015 and reported orally that it was recommended for Mindful to Permit subject to the completion of a legal agreement by the Director, Regeneration and Strategy, for the reasons set out in the report and advised members…”

“RESOLVED that the application be Mindful to Permit subject to the completion of a legal agreement in accordance with the recommendation of the Director, Regeneration and Strategy with the following amended condition number 16: C16: No development above ground level shall commence until details of the off-site highways works to include the introduction of a length of 2 metre footway on the west side of Toothill Bank along the site frontage, traffic calming measures on…”

Minutes