Venue: Civic Hall, Leeds
Contact: Angela M Bloor 247 4754 Email: angela.bloor@leeds.gov.uk
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Chair's opening remarks Minutes: The Chair welcomed everyone to the meeting and asked Members and Officers to introduce themselves
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Exempt Information - Possible Exclusion of the Press and Public
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:-
Minutes: RESOLVED - That the public be excluded from the meeting during consideration of the following parts of the agenda designated exempt on the grounds that it is likely, in view of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure ot them of exempt information as designated as follows: The reports referred to in minutes 24 and 25 under Schedule 12A Local Government Act 1972 and the terms of Access to Information Procedure Rule 10.4(3) and on the grounds that it contains information relating to the financial or business of any particular person (including the authority holding that information). It is considered that if this information was in the public domain it would be likely to prejudice the affairs of the applicants. Whilst there may be a public interest in disclosure, in all the circumstances of the case, maintaining the exemption is considered to outweigh the public interest in disclosing this information at this time
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Late Items
To identify items which have been admitted to the agenda by the Chair for consideration
(The special circumstances shall be specified in the minutes)
Minutes: The Chair admitted one late item of business to the agenda, this being a report on Application 14/00575/FU – 56 The Drive Crossgates LS15. The report was not available at the time the agenda was despatch and required urgent consideration as the report related to a site where a development exists in breach of planning control and causes significant harm to the character and amenities of the area. To further delay the determination of the application would serve to exacerbate that harm. A copy of the report had been made available to Members in advance of the meeting and had been published on the Council’s website
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Declarations of Disclosable Pecuniary Interests 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. Minutes: There were no declarations of disclosable pecuniary interests. However, Councillor R Grahame brought to the Panel’s attention that in respect of Application 14/00575/FU, 56 The Drive LS15, his wife, Councillor P Grahame, was a Ward Member for the Crossgates and Whinmoor Ward, (minute 34 refers) Councillor Macniven also brought to the Panel’s attention that in respect of application 13/03606/FU, Devonshire Lodge, Devonshire Avenue LS8, she was a Ward Member (minutes 23,24 and 26 refer)
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To approve the minutes of the North and East Plans Panel meeting held on 19th June 2014
(minutes attached)
Minutes: The Panel considered the minutes of the North and East Plans Panel meeting held on 19th June 2014 With reference to minute 9, Application 13/04814/FU – Greythatch Scarcroft LS14, concerns were raised that the minute had not accurately captured what had been agreed and that revisions to the design of the dwelling were not, as stated in the minute, restricted to the rear of the property The Panel’s Lead Officer stated that he had sought clarification of this by listening to the recording of the meeting and was of the view that the minute was consistent with the recording. He stated that the application had been referred back to Panel as Councillor R Procter remained unhappy with certain elements of the proposals and that it would be for Members to determine the application The Panel considered how to proceed RESOLVED – To note the concerns raised about the content of minute 9 but to approve the minutes of the North and East Plans Panel meeting held on 19th June 2014
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To consider a report of the Chief Planning Officer on an application for the demolition of existing bungalow and erection of detached house with double garage
(report attached)
Minutes: The Panel’s Lead Officer informed Members that a request for a site visit had been made by Councillor R Procterto consider the impact of the proposals on the character of the area and the amenity of the neighbouring property RESOLVED - That consideration of the application be deferred for one cycle to enable a site visit to take place
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Agenda order Minutes: The Panel’s Lead Officer requested a change to the running order of the agenda to bring forward agenda items 14 and 15 as for these items, a representative of the District Valuer was in attendance and had to leave by 3.30pm. The Panel agreed to this request |
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To consider a report of the Chief Planning Officer on an application for demolition of existing buildings and erection of part 3 and part 4 storey later living retirement housing accommodation, with 41 residential units, communal facilities, landscaping and car parking.
Information regarded as being exempt under Access to Information Procedure Rule 10.4(3) is contained in an appendix to the main report
(report attached)
Additional documents:
Minutes: Plans, photographs, drawings and graphics were displayed at the meeting Officers presented the report and informed Members that the report incorrectly referred to Devonshire Lodge being part of the application site Details of the proposals were outlined. Members were informed that the proposed retirement development would comprise 23 one bed units and 18 two bed units, with 27 car parking spaces being provided The landscaping scheme was outlined, with all but two of the existing trees on the site to be retained. Additional planting would be provided which would include 16 new trees Members were informed that although the main, circa 1901 building had some architectural merit, it was not a Listed Building; was not within a Conservation Area and had unsympathetic extensions added during its previous use as an orphanage. The building was currently being used as offices In respect of the S106 contributions which did not deliver the full requirements, a viability assessment had been submitted, with details of this provided to Members as exempt information
At this point, the public were asked to withdraw from the meeting to enable the Panel to consider the information provided in the exempt appendix to the submitted report RESOLVED - To enter into closed session
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Closed session - Application 13/03606/FU - Land and buildings adjacent to Devonshire Lodge Devonshire Avenue LS8 Minutes: Members now considered the contents of the exempt appendix A representative of the District Valuer was in attendance to provide information and respond to queries and comments from the Panel Members discussed the information, with the key issues relating to: · the valuation of the site which had been provided and how this had been arrived at · the covenant which existed on the site and how this would affect the valuation of the site · the profit margin · that higher levels of contributions had been achieved on other schemes when developers had been pressed · the level of detail contained in the viability assessment; that Joint Plans Panel had sought a standardised formula for such reports and that further detailed information was required · the need for Planning Officers to work more closely with Asset Management colleagues when Council land was marketed to ensure the best possible return could be achieved, with a claw back clause in the sale agreement also being considered RESOLVED – To note the report and the comments now made
Due to the detailed discussions which had taken place on this matter, a suggestion was made in the interests of efficient management of the meeting, that whilst in closed session, to also consider the exempt information in respect of Application 13/02572/FU – site of former Whitebridge Primary School off Cartmell Drive Halton LS15
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Closed session - Application 13/02572/FU - Lay out of access roads and erect 44 dwelling houses on land formerly occupied by the Whitebridge Primary School off Cartmell Drive Halton LS15 Minutes: The Panel considered the exempt information contained in the appendix to the submitted report which related to the financial viability of the proposed development if all of the required S106 contributions were met A representative of the District Valuer was in attendance to respond to queries and comments from Members The Panel discussed the information, with the main issues relating to: · the level of developer return on the scheme · the extent of the Officer negotiations to achieve an improved level of contributions · the need for greater consideration to be given to future land use when sites were sold by the Council RESOLVED - To note the report and the comments now made
At this point the public were invited to resume their seats in the public gallery
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Application 13/03606/FU - Land and buildings adjacent to Devonshire Lodge Devonshire Avenue LS8 Minutes: With reference to the discussions set out in minutes 23 and 24 above, the Panel heard representations from an objector who attended the meeting and provided information which included: · the demand for employment land in this area and the loss of this if the application was approved · the demand for later living accommodation in this area in view of the length of time taken to sell similar units in the locality · the height of the proposed building · the impact of the proposals on Devonshire Lodge · drainage and flooding issues due to a more intensive use of the site · the need for an additional condition for temporary access to the users of Devonshire Lodge to ensure they were not affected during the construction process
The Panel then heard representations from the applicant’s representative who attended the meeting and provided information which included: · that a need existed in this area for retirement accommodation · that the accommodation would be managed
Members discussed the application and commented on the level of car parking being provided for the various uses associated with such a scheme. Members also discussed the extent of the scheme; that this was below that required to trigger certain S106 contributions and that further details were needed in respect of the viability assessment Having considered all the information provided, it was RESOLVED - To defer determination of the application for a more detailed report on viability
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Application 13/02572/FU - Application to lay out access roads and erect 44 dwelling houses on land formerly occupied by the Whitebridge Primary School off Cartmell Drive Halton LS15 Minutes: With reference to the discussions set out in minute 25 above, the Panel considered an application for access and the erection of a residential development comprising 44 dwellings on the site of the former Whitebridge Primary School, Cartmell Drive Halton LS15 Plans and photographs were displayed at the meeting Officers presented the report and outlined the design proposals for the development which would provide a range of 2, 3 and 4 bedroom properties, in a conventional layout, with traditional style houses being proposed In respect of drainage and flooding issues, a flood risk assessment had been carried out and there would be the need to restrict surface water run-off rates which would be achieved through several methods. There would also be a requirement for minimum floor levels to be agreed, with this being conditioned Members were informed that the Environment Agency (EA) and Yorkshire Water (YW) had considered the flood risk assessment and were of the view that the measures proposed were acceptable Members discussed the application with the main issues relating to: · the sustainability of the site, with concerns being raised in respect of impact on public transport and education and that due to the size of the scheme, no financial contribution towards education provision could be sought · flooding and drainage; the recent floods experienced in this area and concerns that notwithstanding the mitigation measures proposed, the impact of an additional 44 houses on the local drainage system was not acceptable · the impact of the proposals on highways and the exacerbation of existing traffic problems · the success of installing CCTV in nearby areas in reducing crime and anti-social behaviour; concerns that CCTV was not proposed for this development which could result in it becoming a target for crime and disorder · the extent of the car parking being proposed, possibly adding to the concerns about drainage and standing water and the possibility of requiring porous materials to be used for areas of hardstanding · the absence of a representative of the EA and that on applications where there were issues in respect of flooding, that an EA representative should be asked to attend Officers provided the following further information: · the Panel’s Highways representative stated that the amount of parking on the site was over 200% and would provide each dwelling with at least two parking spaces; that local bus stops were sited close by on Neville Road and that in terms of road traffic accidents, only 1 incident had occurred close to the site in the previous five years; this involving a drunken pedestrian and in view of this Highways were satisfied with the proposals · that in respect of flooding and drainage, whilst the volume of water in the system would be greater than at present, the key issue was about the impact of that water, which would be mitigated for through on-site balancing and controlled run-off rates. The EA and YW had advised there were technical solutions to deal with the issues and that it would be difficult to substantiate ... view the full minutes text for item 27. |
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Further to minute 6 of the North and East Plans Panel meeting held on 19th June 2014, where Panel deferred determination of an application for the variation of conditions 9 and 18 of application 09/01417/FU relating to opening hours and use as a nursery/pre-school, to enable additional information to be provided, to consider a further report of the Chief Planning Officer
(report attached)
Minutes: Further to minute 6 of the North and East Plans Panel meeting held on 19th June 2014, where Panel deferred determination of an application for the variation of two conditions to a previously approved application at New Horizons Community School LS7 for further information on the enforcement issues associated with the site, Members considered a further report Plans and photographs were displayed at the meeting Officers outlined the application and enforcement issues as set out in the submitted report The receipt of further representations from the neighbouring occupier was reported, with these being summarised for Members’ information RESOLVED - That the application be granted subject to the conditions set out in the submitted report
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Further to minute 9 of the North and East Plans Panel meeting held on 19th June 2014, where an application for two storey side extension incorporating integral garage and two dormer windows to front and rear; single storey rear extension; convert existing integral garage to habitable living space; two dormer windows to front, three dormer windows to rear and insertion of windows to both sides forming habitable rooms in roof space, was deferred and delegated to Officers subject to further discussions, to consider a further report of the Chief Planning Officer on the application
(report attached)
Minutes: Further to minute 9 of the North and East Plans Panel meeting held on 19th June 2014, where an application for alterations and extensions to Greythatch, a detached property situated in a Conservation Area was deferred and delegated to the Chief Planning Officer for further discussions on the proposals, in consultation with Ward Members and referred back to Panel if agreement could not be reached by all parties, Members considered a further report of the Chief Planning Officer Plans, drawings and photographs were displayed at the meeting. A Members site visit had been undertaken on 19th June 2014 The Panel’s Lead Officer presented the report and outlined the revisions which had been made to the scheme in respect of the hardstanding to the front of the dwelling; the appearance of the dormers; window alignment and siting of roof lights Following consultation with Ward Members some concerns remained in respect of the width of the dwelling if extended and the Juliet balcony to the rear of the dwelling. The application was therefore being returned to Panel for determination Members discussed the proposals, with the key issues being raised relating to: · the absence of a Conservation Officer in attendance in view of the site being located in a Conservation Area. The Panel’s Lead Officer advised that Conservation Officers did not ordinarily attend Plans Panels and in view of the nature of the application that it was felt this could be dealt with by Planning Officers · the extent of the negotiations which took place on the application prior to its consideration at Panel in June · the need to consider the front elevation of the dwelling as well as the rear · the different window details being proposed and whether this could be considered to be acceptable in a Conservation Area · the view of Bardsey Parish Council which had objected to the proposals · the impact on local residents of the static caravan which had been sited in the front garden of the dwelling for some time · a requirement for porous materials to be used for the hardstanding · the dominance of the proposals and the need to protect Conservation Areas The Panel considered how to proceed. A condition to require the window details to be submitted and approved was made although it was accepted this would not change the shape of the windows RESOLVED - That the application be granted subject to the conditions set out in the submitted report, additional conditions requiring the use of porous materials for the areas of hardstanding; window details to be submitted and approved and an amendment to condition no 6, to require the siting of further mobile homes/caravans to require the prior written consent of the Local Planning Authority
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To consider a report of the Chief Planning Officer on an application for a two storey rear extension
(report attached)
Minutes: Plans, photographs and drawings were displayed at the meeting. A Members site visit had taken place earlier in the day Officers presented the report which related to an application for a two storey rear extension at 9 Fieldhead Drive, Barwick-in-Elmet, which was situated within the Green Belt Members noted there was an extant permission for a smaller scheme which had been granted in 2013 Green Belt policy was outlined in brief, with Members being informed that extensions could be permitted in the Green Belt so long as they were not disproportionate, with a guideline being an increase of around 30% above the original floor area The application before Members sought approval for a 3.5m rear extension, which was an increase of around 68%, with Officers being of the view an extension of this size would be harmful to the Green Belt. As such, the Officer recommendation was to refuse planning permission with a possible reason for refusal being included in the report before Panel The Panel heard representations from the applicant who attended the meeting and who provided information which included: · the proposals represented an improvement on the design of the extant scheme · that neighbours and the Parish Council were supportive of the proposals · that revisions could be made to the scheme before Panel · that the 30% limit for extensions within the Green Belt was only a guideline The Panel discussed the application, with a proposal to defer determination of the application for further negotiation being made. The Panel considered how to proceed RESOLVED - That the application be refused for the following reason:
The Local Planning Authority consider that the proposed extensions, by virtue of their overall height, size, scale and siting represent a disproportionate addition to the dwelling which would also harm the openness and character of the Green Belt, and which are therefore considered to be inappropriate development. Inappropriate development is, by definition, harmful to the Green Belt and as no very special circumstances have been demonstrated, the proposal is considered contrary to the aims and intentions of policy N33 of the Leeds Unitary Development Plan (Review) 2006, policy HDG3 of the Householder Design Guide as well as guidance contained within the National Planning Policy Framework
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To consider a report of the Chief Planning Officer on an application for variation of condition 2 (hours of lighting) of approval 31/301/01/FU to allow use of floodlights between 08:00 – 22:00 Monday to Friday and 09:00 – 21:00 Saturday, Sunday and Bank Holidays
(report attached)
Minutes: Plans, drawings and photographs were displayed at the meeting. A Members site visit had taken place earlier in the day Officers presented the report which sought approval for the variation of the hours of operation of an approved floodlighting scheme on an all-weather pitch at Wetherby High School Members were informed that the key issue in this case was the potential for light pollution. Although there were dwellings to the north, there was a planted buffer between the houses and the pitch and there had been no objections to the application from local residents. A condition limiting the permission to 12 months would be attached to an approval and testing and monitoring of the light pollution would take place before a permanent permission was granted The Panel discussed the application and commented on the following matters: · the original permission for floodlights and the content of this. Members were informed that the archived files had been requested · the impact of floodlights at Boston Spa School, which contrary to information provided did have a significant impact on the local community · the illumination produced by the floodlights · the impact of increased light pollution on those nearby areas which had chosen to live in low light conditions · the light levels in existence from the nearby supermarket · the need to encourage people to become more active and take up sport RESOLVED - That the application be granted subject to the conditions set out in the submitted report
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To consider a report of the Chief Planning Officer on an application for replacement perimeter fencing to artificial grass pitch
(report attached)
Minutes: Plans and graphics were displayed at the meeting. A Members site visit had taken place earlier in the day Officers presented the report which sought approval for replacement perimeter fencing enclosing an approved all-weather pitch at Wetherby High School Concerns were raised about the scale and design of the proposed fencing; that it was of an institutionalised appearance and due to it being higher than the existing fencing would be more visible in the locality RESOLVED - That the application be granted subject to the conditions set out in the submitted report
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To consider a report of the Chief Planning Officer on an application for a three storey multi-purpose community social facility building with basement and surface car parking
(report attached)
Minutes: Plans, drawings, photographs and graphics were displayed at the meeting. A Members site visit had taken place earlier in the day Officers presented the report which related to an application for a multi-use community building with car parking at Spencer Place, with the use of numbers 46 and 48 Spencer Place ceasing upon first use of the new building and then demolition of these two properties within 6 months of first occupation of the new community building Members were informed that the site was in a predominantly residential area and was close to the new Islamic Centre which had been approved by Panel at its meeting on 19th June 2014. In terms of design, the proposed building was modern and included features which referred to its Islamic use. In respect of scale, there was a significant increase in the extent of the floor space proposed, with the Council’s Urban Design Team expressing concerns about the scale of the proposals The extent of the development would cause the loss of trees on site, some of which were protected by a TPO but a compensatory landscaping scheme was proposed and would include semi-mature trees An additional condition for no external use of amplification equipment at any time was recommended to Members In the absence of sufficient information from the applicant, Members were informed that Planning Officers had assumed that Highways would object to the application. The Panel’s Highways representative stated that not enough information had been submitted to reach a meaningful consideration of the application but in any event it was likely that Highways would object, as they had done on the application for a new Islamic Centre at Francis Street, which had been approved by Panel last month Members discussed the application and raised concerns that important details regarding likely numbers attending and the extent of usage had not been provided. Concerns were also raised about the scale of the building; that the development was overintensive and that protected trees would be lost The Panel considered how to proceed RESOLVED - To defer and delegate approval to the Chief Planning Officer subject to the conditions set out in the submitted report, an additional condition stating no external use of amplification equipment at any time, consultation with Ward Members in respect of highway issues and the times of use and the completion of a Section 106 agreement to secure the following: · funding and implementation of a Traffic Regulation Order · the demolition of numbers 46 and 48 Spencer Place within 6 months of the date of first occupation of the multi-purpose building · the remediation of the resulting site in accordance with a remediation plan to be submitted to and approved in writing by the Local Planning Authority
In the circumstances where the Section 106 has not been completed within 3 months of the resolution to grant planning permission the final determination of the application shall be delegated to the Chief Planning Officer
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To consider a report of the Chief Planning Officer on an application for 4 bedroom detached house incorporating basement accommodation (part retrospective)
(report attached)
Minutes: Plans, photographs and graphics were displayed at the meeting. A Members site visit had taken place earlier in the day Members considered a report of the Chief Planning Officer setting out a further application on the site to address issues of non-compliance with the approved scheme Officers presented the report and briefly outlined the latest developments in respect of this case, with Members being informed that following refusal of an application in July 2013 by Panel, referral of the matter to the High Court by the applicant and the dismissal of an appeal, the applicant was required to demolish the building to ground floor level within a period of 6 months, from 6th June 2014 The scheme before Panel was originally submitted in January 2014 as an alternative option. Members were informed that a late representation had been received from the applicant’s legal representative at the point of the original officer report deadline, which requested further information regarding the content of any undertaking. However, it was the view of Officers that consideration of the application should proceed as previous guidance had been provided The current proposal was outlined, with Members being informed that the issue with previous applications and what existed on site was that the surrounding properties were two storeys in height and a three storey building had been constructed. The application now before Panel was a two storey building and that Officers considered the scheme could now be supported. The level of local objection to the application was noted but it was felt that the tone of the objections had mellowed in view of the revisions made to the scheme In noting the scheme was an improvement on the fallback position, Ward Members and Officers were aware of the length of time this matter had continued for and that in this particular case, there was a need for firm guarantees about implementation of any approved scheme. Officers had sought to obtain this but no draft undertaking had been provided by the applicant to the Local Planning Authority. In view of this, the application was recommended for refusal, with the suggested reason being included in the report before Panel The Panel heard representations from the applicant who attended the meeting and provided information which included: · that a resolution to the situation was sought and that the scheme before Panel resolved all of the issues · that the concerns of neighbours had been listened to and that neighbours had indicated their support for the current scheme · that an offer to undertake the works was made in public but that the applicant’s legal team had been seeking details of what Planning Officers required The applicant stated that he was willing to give an undertaking to build whatever was granted permission and in a timely manner, within 9 months. The applicant also referred to a letter which had been submitted. The Chair advised that the letter had been submitted too late for circulation to Members
The Panel then heard representations from a ... view the full minutes text for item 34. |
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Date and Time of Next Meeting Thursday 21st August 2014
Minutes: Thursday 21st August 2014 at 1.30pm in the Civic Hall, Leeds
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