Agenda and minutes

A Member site visit was held in the morning in connection with the following proposals: Application No.16/05226/OT – Thorp Arch Estate and Application Nos: 16/07322/RM & 16/07323/RM – Whitehall Riverside, Whitehall Road, Leeds, LS1 4AW and was attended by the following Councillors: J McKenna, C Campbell, D Blackburn, J Pryor, S McKenna, N Walshaw, A Khan, P Gruen and T Leadley.

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

There were no appeals against the refusal of inspection of documents

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows:-

That, in accordance with Regulation 4 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during consideration of the following parts of the agenda designated as exempt on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:-

Application Nos:16/06877/FU & 16/06878/LI – Partial demolition of 17 Wellington Street and total demolition of 49 Aire Street, change of use and seven storey extension with new basement to remaining building to form Restaurant and Café use (A3) on ground and first floor and 22 Apartments at 17 Wellington Street, Leeds, LS1 4DL – Appendix No.3 of the report by the Chief Planning Officer was deemed exempt from publication in accordance with Access to Information Rule 10.4 (3) as it included financial information concerning the business affairs of the applicant and it was considered that it was not in the public interest to disclose this information as the public interest in maintaining the exemption outweighed the public interest in disclosing the information. (Minute No. 166)

Although there were no formal late items, However the Chair did accept the inclusion of supplementary information in respect of Application No. 16/05198/FU (Agenda Item No.9) – Minute No. 164 referred.

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct. 

There were no declarations of any Disclosable Pecuniary Interests made at the meeting.

Apologies for absence were received from Councillors: C Macniven and

B Selby

Councillors: S McKenna and J Pryor were in attendance as substitutes

To consider and approve the Minutes of the previous meeting held on 6^th April 2017.

(Copy attached)

RESOLVED – That the minutes of the previous meeting held on 6^th April 2017 were accepted as a true and correct record.

To consider any matters arising from the minutes of the previous meeting.

There were no issues raised under matters arising.

To consider a report by the Chief Planning Officer which sets out details of an outline planning application for circa 874 dwellings; a 66 bed Care Home, a one form entry Primary School, a new Local Centre including a Class A1 Convenience Store (up to 420M2), a 5 Unit Parade of small Retail Units (up to 400M2), Class D1 uses (up to 750M2) to land at Thorp Arch Estate, Wetherby.

(Report attached)

                 The Chief Planning Officer submitted a report which set out details of an outline planning application for circa 874 dwellings; a 66 bed Care Home, a one form entry Primary School, a new Local Centre including a Class A1 Convenience Store (up to 420M2), a 5 Unit Parade of small Retails Units (up to 400M2), Class D1 uses (up to 750M2) to land at Thorp Arch Estate, Wetherby.

The Chief Planning Officer reported that the application was now the subject of an appeal against none determination, a parallel application had also been submitted.

Addressing the report the Chief Planning officer said that in order to contest the appeal the following reasons recommending refusal of the application were being put forward for Members consideration:

1.  The Local Planning Authority considers that the applicant has so far failed to demonstrate that the local highway infrastructure, including the wider network and specifically Thorp Arch bridge and the junction of Bridge Road / High Street in Boston Spa, which will be affected by additional traffic as a result of this development, is capable of safely accommodating the proposed development and absorbing the additional pressures placed on it by the increase in traffic which will be brought about by the proposed development. The proposal is therefore considered to be contrary to Policy T2 of the Core Strategy, Policy GP5 of the adopted UDP Review and the sustainable transport guidance contained in the NPPF which combined requires development not to create or materially add to problems of safety, environment or efficiency on the highway network.

2.  The Local Planning Authority considers that there is insufficient information submitted with the application to demonstrate that an acceptable level of accessibility can be achieved for the scale of development proposed. In the absence of such information and measures, as may be secured, there is a danger that future residents will be overly reliant on the private car. The proposals are therefore considered to be contrary to policies SP1, T2 and H2 of the Leeds Core Strategy and policies T2 and GP5 of the adopted UDP Review and guidance in the NPPF.

3.  In the absence of a signed Section 106 agreement the proposed development fails to provide necessary contributions and/or obligations for the provision and delivery of affordable housing, housing for independent living, greenspace, travel planning, public transport enhancements, local facilities and off site highway works, without which would result in an unsustainable form of development that

fails to meet the identified needs of the city and prospective residents, contrary to the requirements of Policy GP5 of the adopted UDP Review and related Supplementary Planning Documents and contrary to Policies H5, H8, P9, T2, G4 and ID2 of the Leeds Core Strategy and guidance in the NPPF.

Further issues highlighted included the following:

The receipt of a further submission from TAG (Thorp Arch Trading Estate Action Group) was reported. The Group were supportive of the recommendation for refusal, but raised additional concerns about the land containing mixed  ...  view the full minutes text for item 163.

To consider a report by the Chief Planning Officer which sets out details of an application for the demolition of existing buildings and erect multi0level development comprising 224 Apartments and Commercial Units at the Radius, Springwell Road, Holbeck, Leeds, LS12 1AW.

(Report attached)

The Chief Planning Officer submitted a report which set out details of an application for the demolition of existing buildings and the erection of a multi-level development comprising 224 Apartments and Commercial Units at the Radius, Springwell Road, Holbeck, Leeds, LS12 1AW.

Site photographs and plans were displayed and referred to throughout the discussion of the application.

The Chief Planning Officer together with the applicant’s representatives addressed the Panel, speaking in detail about the proposal and highlighted the following:

·  The site lies at the junction of Whitehall Road, Springwell Road and Springwell Street, in an inner city part of Leeds, which is located in an area of transition just outside the boundary of the city centre. The site is also located along the Whitehall Road corridor, which is the main vehicular route, heading south-west from Leeds Train Station.

·  The proposal is for a new residential apartment block, stepping up in height from 4 storey up to 16 storeys, with ground floor commercial units.

·  The proposal comprises of 224 apartments, some with external roof terrace (45 x Studio apartments, 95 x one bed apartments, 69 x two bed apartments and 15 x three bed apartments)

·  53 parking spaces

·  Package of off-site highway works

·  Affordable housing contribution

·  Wind survey/ wind mitigation measures

·  Community Infrastructure Levy

In response to Members comments and questions the following were discussed:

·  Clarification around the design of the wind baffle/ deflectors

·  Affordable housing provision at 5%, the applicant was willing to consider a number of options for on-site delivery for this Private Rented Sector scheme including provision through a Social Registered Landlord or alternatively the possibility of on-site management directly by the operator.

·  Good design and layout

·  The building was an elegant design

·  Welcome the provision of trees

·  The changing nature of the area and the significant regeneration opportunities along Whitehall Road

In responding to the issues raised, the Chief Planning Officer reported that an additional condition would be added requiring the submission of design details of the wind baffles, referring to the issue of affordable housing it was confirmed that the applicant was willing to engage with the Council’s Housing Growth Team and commit to a 3 month period within which to secure agreement with a Social Registered Landlord or Housing Leeds delivery of the affordable housing provision on site. Failing this it was proposed to offer a financial contribution for the delivery of affordable housing off site. The arrangements would be secured through a Section 106 Legal Agreement.

(The Chief Planning Officer reported that the general issue of Affordable Housing provision with Private Rented schemes and how a Commuted Sum was calculated would be the subject of a Members Workshop to be arranged in the near future)

Members welcomed the suggestion of such a workshop.

Members also welcomed the suggestion for a future Panel visit to Whitehall Road to be informed of the wider regeneration proposals for the area.

In summing up the Chair suggested that the majority of Members appeared to be supportive  ...  view the full minutes text for item 164.

To consider a report by the Chief Planning Officer which sets out details of a Reserved Matters Application for Office Block (pursuant to outline planning permission 13/02619/OT) and Reserved Matters Application for Multi-Storey Car Park with ground floor A3 Café/D2 Gym (pursuant to outline planning permission 13/02619/OT) to land at Whitehall Riverside, Whitehall Road, Leeds, LS1 4AW

(Report attached)

The Chief Planning Officer submitted a report which set out details of a Reserved Matters Application for Office Block (Pursuant to outline planning permission 13/02619/OT) and Reserved Matters Application for Multi- Storey Car Park with ground floor A3 Café/ D2 Gym (pursuant to outline planning permission 13/02619/OT) to land at Whitehall Riverside, Whitehall Road, Leeds, LS14 1AW

Site photographs and plans were displayed and referred to throughout the discussion of the application.

The Chief Planning Officer together with the applicant’s representatives addressed the Panel, speaking in detail about the proposal and highlighted the following:

·  The application was in accordance with outline planning permission 13/02619/OT

·  Phase one relates to an 8 storey office building identified as No. 2 Whitehall Riverside, which would face both the riverside and Whitehall Road, occupying the full depth of the site.

·  Phase two would consist of a 10 storey multi-storey car park facing Whitehall Road and accessed from the western service road

·  The materials for the office building would consist of gold/bronze coloured metal cladding and glass

·  The multi-storey car park would consist of bronze metal/ grey, metal/timber louvres

·  Public realm space would include soft landscaping with tree planting

·  Wind Consultants had advised that the proposal would not lead to adverse safety issues

In response to Members comments and questions the following were discussed:

·  Was the number of disabled parking bays (3) adequate

·  Wind implications

·  Provision of electric car charging points

·  Had a flood assessment been carried out

·  Employment opportunities would be available for local people during construction

·  Good design

·  Attractive proposal, good use of Riverbank

·  Opportunities for further enhancement of the Riverbank

 In responding to the issues raised, the Chief Planning Officer said the number of disabled parking bays was in accordance with design standards (5%), further wind testing would be carried out during phases 3 and 4 of the development, electric car charging points was provided at 10% and the flood risk assessment and mitigation works had been agreed at the outline planning permission stage.

On the issue of opportunities for further enhancement of the Riverbank, the Chief Planning Officer said the Chamber of Commerce had established a Group with a view to enhancing water front opportunities, it may be appropriate to use this Group to make Members views known.

In summing up the Chair said Members appeared to be very pleased with this application.

RESOLVED –

(i)  That approval be granted  in respect of Reserved Matters Application 16/07322/RM (Office block)

(ii)  That approval be granted in respect of Reserved Matters Application 16/07323/RM (Multi-storey car park with ground floor A3 café/D2 gym

To consider a report by the Chief Planning Officer which sets out details of an application for the partial demolition of 17 Wellington Street and total demolition of 49 Aire Street, change of use and seven storey extension with a new Basement to remaining building to form Restaurant and Café use (A3) on ground floor and first floor and 22 Apartments at 17 Wellington Street, Leeds, LS1 4DL

(Please note that Appendix 3 contains confidential information and is classed as Exempt under Schedule 12A Local Government Act 1972 and Access to Information Procedure Rule 10.4 (3)

(Report attached)

With reference to the meeting of 2^nd February 2017 and the decision to defer determination of the application to allow further discussions with the developers and officers on the Aire Street proposal

The Chief Planning Officer submitted a report indicating that further discussions had taken place and the proposal had been subsequently revised.

Officers reported that the scheme still involved the partial demolition of the rear Wing, however, it was now proposed to retain both the boundary wall with No.19 Wellington Street and the detailed historic façade of the rear wing as it fronts Aire Street. The scheme still proposed the full removal of an internal staircase of the Grade II listed building as well as demolition of the standalone building to the rear, No.49 Aire Street which was a curtilage listed building.

In addition the applicant had submitted a financial viability appraisal in support of the proposal which had been independently reviewed by the District Valuer.

Site photographs and plans were displayed and referred to throughout the discussion of the application.

The Chief Planning Officer together with the applicant’s representatives addressed the Panel, speaking in detail about the proposal and highlighted the following:

·  Members had already expressed support for the principle of the development

·  Concern had been previously expressed around the level of demolition

·  The impact on the character and visual amenity of the host site and surrounding area

·  The scheme would allow an important listed building to be brought into use

·  The level of harm caused by the demolition of part of the heritage asset was outweighed by the public benefits of the proposal

·  The design of the seven storey building would be a high quality, contemporary addition which would sit comfortably within the context of the host listed building, street scene and the City Centre Conservation Area

·  The Financial viability appraisal demonstrated that the proposal would not be viable without the demolition works

(At this point in the meeting, the Panel moved into closed session to receive a submission from the District Valuer)

(Back in open session)

In response to comments and questions, the following was discussed:

·  Affordable housing provision 5% (one single unit) the applicant was willing to engage with a Social Registered Landlord

·  Was there a record of the Listed Buildings that had been demolished in the city

·  Clarification around the Community Infrastructure Levy (CIL) provision

·  The new extension was a good design

In responding to the issues raised, the Chief Planning Officer reported that the applicant was willing to engage with a Social Registered Landlord to secure the management of the affordable housing provision, on the issue of a record of Listed Buildings that had been demolished, it was reported that Historic England “kept a watching brief” and reviewed the Buildings Register accordingly and a CIL contribution only applied to the new build element.

RESOLVED - That the application be deferred and delegated to the Chief Planning Officer for approval, subject to the conditions specified in Appendix No.1 of the submitted  ...  view the full minutes text for item 166.

To note that the next meeting will take place on Thursday 18^th May 2017 at 1.30pm in the Civic Hall, Leeds.

RESOLVED – To note that the next meeting would take place on Thursday 18th May 2017 at 1.30pm in the Civic Hall, Leeds