Agenda and minutes

The site visits that took place on the morning of the Panel were attended by Councillors: Walshaw, Grahame, Hamilton, Nash, Ritchie, S McKenna, and Wilkinson.

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 refusal of inspection of documents.

There was no exempt information.

There were no late items.

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 disclosable pecuniary interests.

However, Cllr. Ron Grahame did declare an interest in item 7 - Change of use on ground floor from doctors’ surgery/ pharmacy to public bar, two storey rear extension; beer garden area; external alterations including new doors and windows, condenser, and extraction equipment to roof; new fencing and parking to rear of 39 Austhorpe Road, Crossgates, LS15. The application was within his wife Cllr. Pauleen Grahame’s ward.

Cllr. Hamilton also declared an interest in item 8 – 16/07106/FU – Demolition of existing bungalow and erection of detached house, 402 Street Lane, Roundhay, LS17, as this application was within her ward.

Apologies for absence were received from Cllrs. John Procter and Brian Cleasby.

On this occasion no substitutes had been appointed the Chair requested that representation go to Whips to ensure that substitutes are sort when necessary.

To approve as a correct record the minutes of the meeting held on 11^th May 2017.

The minutes of the meeting held on 11^th May 2017 were approved as a correct record.

The Panel were provided with an update in relation to Minute 173 – Change of use of domestic swimming pool to form canine hydrotherapy use (sui generis), 81 Wakefield Road, Garforth, LS25 1AR. It was noted that this application had now been withdrawn.

To receive the report of the Chief Planning Officer on an application for change of use on ground floor from Doctors surgery/Pharmacy to Public Bar, two storey rear extension; beer garden area; external alterations including new doors and windows, condenser and extraction equipment to roof; new fencing and parking to rear of 39 Austhorpe Road, Cross Gates, LS15

(Report attached)

The Report of the Chief Planning Officer asked Members to consider an application by J D Wetherspoon PLC for the change of use on ground floor from doctors surgery/pharmacy to public bar (A4), two storey rear extension; pavement seating area; external alterations including new doors and windows, condenser and extraction equipment to roof space; new fencing and parking to rear, 39 Austhorpe Road, Leeds 15.

The Chair informed the Panel that due to the submission of late information provided by the applicant and following legal advice that the item be deferred for one cycle to allow for the report to be updated and revised to reflect the changes to the scheme since the report was drafted.

Ward Councillors and members of the public were in attendance for this item. The Chair provided an explanation why the item should be deferred as the late information related to on-site parking, refuse and deliveries and required assessment by Environmental Health Team.

RESOLVED -  Members agreed to defer the application for one cycle to allow for all new information to be assessed and presented to the Panel in a revised report at the meeting to be held on 13^th July 2017.

The Chair thanked the Councillors and the public for their attendance at the meeting for this item and apologised for any inconvenience caused by the decision to defer.

The Chair went on to say that it was unacceptable for applicants particularly this applicant to submit information at such a late date. He said that the applicant had done themselves no favours in presenting information at this late stage.

The Chair said that this Panel when considering applications needed to be aware of all the facts to make an informed and robust decision which would be able to stand up to any challenges or appeals.

To consider the report of the Chief Planning Officer on an application for the demolition of existing bungalow and erection of detached house at 402 Street Lane, Roundhay, LS17.

(Report attached)

The report of the Chief Planning Officer sought consideration for an application to demolish an existing bungalow and the erection of a detached house at 402 Street Lane, Roundhay, Leeds, LS17 6RW.

Members were informed of an omission in the report in relation to the fact that the Moortown Neighbourhood Design Statement was not referred to in the policy section. Officers apologised for this omission.

Members noted that the document identified that one of the general issues facing the locality is the demolition or alterations to bungalows to build houses especially where this would lead to an overcrowded sit. It identified that there are few bungalows in the area and that such accommodation are needed by certain groups of people and so form an important part of the housing offer in Moortown.

The site falls within identified Area 2 Street Lane and North East of that document and identifies that the High Moors estate is the only significant provision of bungalows in the area. The High Moors are due north of the application site and High Moor Crescent is particularly dominant in bungalows from the junction with High Moor Avenue going west towards Donisthorpe Hall and along High Moor Drive to the northern part of High Moor Crescent where over 130 bungalows exist.

Officers concluded therefore that the loss of a single bungalow on Street Lane would not materially and adversely impact on the supply of this type of accommodation in the Neighbourhood Design Statement.

Members had visited the site earlier in the day and photographs and plans were shown at the meeting.

Members were informed that a previous application had been refused on harm to the amenity of neighbours and had been upheld on appeal. It was noted that the applicant had taken on those concerns raised in the previous application and revised plans so as not to impact on neighbouring properties.

Mr Malcolm Taylor attended the meeting on behalf of his son who lives and works from home at 400 Street Lane.

Mr Taylor informed the Panel that currently the property benefits from complete privacy on the back courtyard and that if the proposal was to be granted this privacy would be lost.

Members heard that Mr Taylors’ sons was a chiropodist who ran is practice from home and that the lack of privacy would impact on his clients when changing for treatment.

Mr Taylor reiterated the Moortown Neighbourhood Design Statement and the objections raised by Alex Sobel MP in relation to the need of bungalows in the Moortown area.

Mr Taylor informed the Members that the neighbouring bungalow even with a pitched roof impeded the sunshine onto his son’s garden at certain times of the day and that the proposed construction would create over shadowing on his son’s garden.

Mr Taylor informed the Panel that the planning officer’s report at 3.2 was incorrect as it stated that the current building at 402 Street Lane was constructed of brick and white render but in fact the  ...  view the full minutes text for item 9.

To receive the report of the Chief Planning Officer for an application for one block of 12 No. apartments at 21 Allerton Park, Chapel Allerton, LS7.

(Report attached)

Member considered the report of the Chief Planning Officer on the application for the demolition of an existing house and the erection of a block of 12 flats at No. 21 Allerton Park, Chapel Allerton, Leeds, LS7 4ND.

The planning officer informed the Panel that concern had been expressed that due process had not been followed as the report for Plans Panel was published before the expiry of the neighbours publicity time had expired.

The Members noted that this was not uncommon, Members were aware the purpose of these oral updates was to ensure that additional representations were reported in full and to give opportunity that if those representations had an impact in the written recommendation that this too was altered orally for Panel’s consideration. It was noted that the neighbour’s time expired on 12^th June 2017.

27 additional representations had been received since the publication of the report with one additional issue being raised as a result of this consultation which related to the noise and disturbance that would be caused during construction phase of the development. It was noted that if Members were mindful to agree the recommendation to approve an additional condition could be imposed to control the hours of construction and hours of delivery / removal of goods from the site during this period.

A copy of a letter from solicitors acting on behalf of the owners of 18 and 23 Allerton Park had been forwarded to the Council with a request that it be brought to Plans Panel’s attention. The contents of the letter was drawing to the applicants attention that there are restrictive covenants on the land that is the subject of the planning application and that should they seek to implement any permission they might receive that the relevant parties would take legal action against them.

Members were informed that this issue should be noted but that it had no bearing on the planning merits of the case under consideration.

To clarify the matters in the report, the proposal had been assessed in respect of its impact on the character of the Chapel Allerton Conservation Area by both Conservation Officers and the case officer and the conclusion drawn was that the design, bulk, massing and the alteration to the residential nature of the proposal did not adversely impact on the Character of the Conservation Area. It was concluded that the proposal was compliant with Policy P11 of the Core Strategy.

Members had visited the site earlier the day and plans, drawings and photographs were shown at the meeting.

Members were informed of the following points of the application:

·  That the current property was of a modest size within a large plot

·  That the application proposes 12 flats with underground parking for residents, although there would still be a need for visitor parking.

·  The proposed building would have some traditional features such as chimneys as per negotiation between the applicant and the planning officers.

·  The proposed building would have elongated skylights rather than  ...  view the full minutes text for item 10.

To consider the report of the Chief Planning Officer on an outline application for residential development for up to 23 dwellings Rudgate Park, Walton, Wetherby, LS23.

(Report attached)

The report of the Chief Planning Officer set out an outline application (with all matters reserved) for a residential development for up to 23 dwellings at Rudgate Park, Walton, Wetherby, LS23 7EJ.

Members were informed that further comment from Thorp Arch Parish Council had been received clarifying their support is for the application on the basis that access was not created into the adjacent land, remainder of the Phase III SAP site, and that their support for this application should not be conflated with the proposed SAP site in its entirety.

Members were also informed that the S106 needed to include provision for a £30,342.32 commuted sum for 10 year maintenance of the Greenspace in the event LCC are happy to take this on, or a condition to require details of the maintenance of the Greenspace in the event Parks and Countryside are not happy or the applicant determines to go down that route.

The application was presented at Plans Panel at the request of Cllr. John Procter as the site is part of a wider site that will have implications for the locality.

Members were provided with the following information:

·  35% of dwellings would be affordable properties

·  Open public space to the east of the dwellings

·  A landscaped entrance into the development

·  Category A tree would be retained

·  The proposed site was previously the prison officers social club which has now been demolished

·  The proposed dwellings would be 2 storeys

·  4 letters of objection had been received with issues raised in relation to drainage of the site and the impact on neighbouring Walton. Also raised concerns in relation to privacy and amenity space

·  The Thorp Arch Parish Council has written in support and there comments were noted at the start of the item.

·  7.5 of the submitted report set out the issue of drainage and proposals to address the issues raised

The Panel heard from Mr Lawn of 2 Farm Close, Walton. Mr Lawn expressed his concerns in relation to the drainage issues already being experienced by residents in Walton and the development of another 23 properties would exacerbate the problems of a sewage system which cannot cope.

Mr Lawn informed the Panel of his personal circumstances and how is home had been flooded on numerous occasions with foul water. Mr Lawn said that he had started to raise the issue with Yorkshire Water in 2010. He went on to say that to maintain the sewage system it has to be flushed every two weeks and de-silted every six months, he also said that in addition to the cyclical maintenance the sewer collapses regularly and has to be repaired.

Mr Lawn said that numerous letters had been sent to Yorkshire Water and that Alec Shelbroke MP had taken up their case but as yet no resolution had been forthcoming.

Members were informed that a balancing pond had been put in as part of the development in which Mr Lawn lives with sewage from 7 seven properties going directly  ...  view the full minutes text for item 11.

The next meeting of the North and East Plans Panel will be 13^th July 2017 at 1:30pm.

The next meeting of North and East Plans Panel will be 13^th July 2017 at 1:30pm.