Agenda item

To consider a report by the Chief Planning Officer setting out details of an application to extend the mezzanine floor and addition of new raised roof to retail units at units MSU 10 and 33, White Rose Shopping Centre, Dewsbury Road, Leeds 11

(Report attached)

  Plans, drawings and photographs were displayed at the meeting

  Officers presented the report which sought permission for a 452sqm extension to an existing mezzanine floor and the addition of a new raised roof to retail units at MSU10 and 33 at the White Rose Shopping Centre, Dewsbury Road LS11, which were required to meet the needs of a new business in the shopping centre

  Members were informed that the application raised fundamental issues in respect of retail planning policy; that the site was not an identified Town Centre and whilst such extensions were usually not accepted, there was in this case, the opportunity to regulate the possible future expansion of the White Rose Centre, so protecting the viability and vitality of the city centre and other neighbouring centres as well as restricting piecemeal expansion of the shopping centre.  Additionally any future development of the White Rose Centre would be dependent upon the recommencement of the Trinity Quarter scheme in the city centre, as the applicants were partners in that scheme

  Officers referred to objections raised by Morley Town Council which had raised concerns that increases in floorspace had already taken place at the centre when part of the site was remodelled.   Reference was made to a letter e-mailed by Councillor Leadley directly to Panel Members ahead of the meeting.  Councillor Marjoram stated that he had not seen this letter

  Members were informed that the applicant had submitted advice from Leading Counsel on the creation of mezzanines of up to 200sqm retail floorspace without the need for planning permission and that it was Leading Counsel’s view that this should apply to individual units in the White Rose Centre, so providing the potential for an additional 7,946sqm of additional retail floorspace without the need for planning permission.  The Council’s Chief Legal Officer was of the view that whilst there was no case law on this issue which would provide a definitive answer, the interpretation suggested by Leading Counsel acting on behalf of the applicant, was persuasive

  The Panel was informed that the applicant proposed to submit a further application to restrict the future expansion at the centre to no more than 2,500 sqm A1 floorspace (minus the 452 sqm provided by this application) and approximately 1.850sqm of A3/A4/A5 floorspace.  In terms of A1 provision this would be considerably below the floorspace which could be created without the need for planning permission and as such, Members would need to have regard to this in reaching a decision

  The Panel heard representations from the applicant’s agent and from Councillor Leadley who attended the meeting in his capacity as a local Ward Member

  Prior to addressing the Panel, Councillor Leadley declared a personal and prejudicial interest through being the Chair of the Morley Town Council Planning Committee

  Following his representations to the Panel and before the applicant’s agent addressed Members, on advice from the Panel’s Legal Services representative, Councillor Leadley withdrew from the meeting

  Members discussed the following matters:

·  the link with the recommencement of works at Trinity Quarter and what safeguards could be put in place to ensure this was not a temporary measure in order to further develop the White Rose Centre

·  that more discussion was needed on the proposals with Ward Members from Morley North, Morley South and Beeston & Holbeck

RESOLVED - To approve the application in principle and to defer

and delegate final approval to the Chief Planning Officer subject to the conditions set out in the submitted report, an additional condition requiring the submission of a work programme and timetable for the recommencement and completion of works to the Trinity Quarter (and any others which he might consider appropriate) and the completion of a legal agreement within 3 months from the date of resolution unless otherwise agreed in writing by the Chief Planning Officer, for the submission of an outline application (within 6 months and subject to consultation with Ward Members from Morley North, Morley South and Beeston & Holbeck) to apply for additional floorspace at the White Rose Centre (up to 2,500 square metres of A1 floorspace and 1,800 square metres of A3/A4/A5 floorspace) which would also be accompanied by planning obligations to deal with the following matters:

-  the ability to install a mezzanine floor of 200 square metres or less in each individual unit in the White Rose Centre without planning permission will be removed.  This equates to potentially 7,946 square metres of mezzanine floorspace that does not currently require planning permission and this right will be removed

-  the floorspace for A1 (2,500 square metres) will be reduced by the floorspace granted on Unit MSU 10(452 square metres)

-  for the additional retail floorspace to relate to existing occupiers only

-  for the application not to be implemented until works have recommenced on the Trinity Quarter development in the city centre