Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an outline application for residential development and retail store.

  Further to minute 72 of the South and West Plans Panel meeting held on 5^th December 2013, where Panel resolved not to accept the Officer’s recommendation to grant outline approval for residential development and retail store and requested a further report be brought back setting out possible reasons for refusal based upon the concerns expressed by Panel, Members considered a further report of the Chief Planning Officer.  Appended to the report was information considered to be exempt, which related to legal advice which had been sought by the Council on this matter

Plans, photographs and drawings were displayed at the meeting

Officers presented the report; outlined the issues which had been considered following the Panel meeting in December 2013 and explained the difficulties Officers considered they would have in substantiating the proposed reasons for refusal of the application at an appeal

The report before Panel asked Members to consider the information provided and to re-assess their resolution of 5^th December 2013 to refuse the application.  Reference was made to the proposed S106 package, with it being stressed that when re-assessing the application that the additional sum of money offered by the applicant towards the provision of sporting equipment in the locality was not material to the planning application

The receipt of an additional 7 letters of representation was reported.  Whilst these raised no new material considerations, the concerns raised were summarised for Members’ information.  Comments received from Councillors P Gruen and J Illingworth were also conveyed to the Panel

Members were informed of requests received to defer or refuse the application and of the recent submission of a further application to register the playing field as an Asset of Community Value.  The Council protocol for re-notifying objectors was also explained

Paragraph 1.4 of the submitted report was corrected in light of these further representations.  The report stated that no children from the local community attended Kings Camp.  This was incorrect and Members were updated verbally that local children did attend Kings Camp.  It was also noted that the original report to Panel in October 2013 had identified that the Kings Camp formed part of the formal community use associated with the site

At this point the Chair asked the public to leave the meeting to enable the exempt information to be considered, in private

  In discussing the information, the Chair reminded Members and Officers of the need to focus on the information contained in the exempt papers

  The following matters were discussed:

·  community plans for the site

·  funding issues

·  that a range of organisations had considered the potential of the site but that no realistic and deliverable proposals had come forward

·  the application for listing the site as an asset of community value and that determining the application undermined the Localism Act.  The Panel’s legal adviser explained that the legislation governing assets of community value set up a separate process outside the planning regime

·  the legal advice which had been sought from counsel

At this point the public were readmitted to the meeting

The Panel discussed the proposals, with the main areas of debate

relating to:

·  the extent of public open space in the area; the former Royal Park Primary School site and that the application site was not linked to the delivery of further open space, with concerns being raised about this

·  the promises given to Ward Members that the former Royal Park Primary School site would be retained for community use

·  the possibility of the Council becoming involved with the Hyde Park Legacy Action Group to secure the Victoria Road site for community use

·  the length of time the site had been vacant for without firm, realistic proposals being brought forward

Members considered how to proceed.  A proposal to defer

determination of the application to enable work to be undertaken on building a funding package, with support from the Council, was moved and seconded.  The vote was lost.  The Officer’s recommendation to approve the application in principle and defer and delegate the approval to the Chief Planning Officer was also moved and seconded.  Having considered the report; the information contained in the exempt appendix to the submitted report and the discussions held at the meeting, the Panel

  RESOLVED – 

i)  To approve the application in principle and to defer and delegate approval of the application to the Chief Planning Officer subject to the conditions specified in the report to Panel of 10^th October 2013 and subject to the completion of a Legal Agreement within 3 months of the date of resolution of Panel, to include:

·  5% affordable housing contribution (on site 100% Sub Market or an off-site contribution to go towards bringing vacant properties back into family use in the Headingley/Hyde Park area)

·  On site greenspace provision and maintenance

·  Off site greenspace contribution for children’s equipped play equipment £19,950.14

·  Residential metrocard scheme A – bus only - £11,088.00

·  Contribution towards improving and enhancing sports facilities in the locality - £26,777.00

·  Local employment scheme

ii)  That the Director of City Development be asked to bring forward proposals for the creation of an area of public open space on the site of the former Royal Park Primary School to connect into the existing public open space adjoining the primary school for the benefit and enjoyment of the local community, in consulation with local Ward Members and community groups

(Under Council Procedure 16.5, Councillor J Bentley and Councillor R Finnigan required it to be recorded that they voted against approval of the application)