Agenda item

To consider a report of the Chief Planning Officer on an outline application for retail (A1) and gym (D2) development with demolition of existing building and new pedestrian and vehicle access

(report attached)

  Having declared a disclosable pecuniary interest in this matter, Councillor Nash left the meeting

  Councillor Leadley also left the meeting at this point

Plans, graphics and precedent images were displayed at the meeting.  A Members site visit had taken place earlier in the day

Officers presented the report which sought approval in principle of an outline application for a mixed use development on a long-standing, vacant site on the north-eastern edge of Leeds City Centre, with the proposals being for two retail units, comprising discount food store and bulky goods and a 24 hour gym

Regarding the design of the food store, Members were informed that a store design suitable for a prominent edge of City Centre site and which was in keeping with the surrounding buildings, would be sought

In terms of opening hours and hours of delivery, Members were informed that the gym operator required 24 hour opening, which was a fundamental element of their business model.  Having considered this; the proximity of the gym to the entrance of the nearby residential accommodation and the low level of gym use at late night/early morning hours, Officers were of the view that there would be no adverse impact on the amenity of nearby residents from the gym use

Opening hours of the food store as set out in condition no 21 of the draft conditions appended to the submitted report were reported, although a request had been received for one additional hour of trading on Sundays and Bank Holidays, i.e. 10.00 – 17.00 and the same opening hours as normal trading days for Bank Holidays.  While this could be accommodated, Officers had concerns about the delivery hours sought, these being 07.00 – 23.00 and had proposed a draft condition limiting these to 08.00 – 20.00, Monday to Saturday and no deliveries on Sundays and Bank Holidays unless agreed in writing by the LPA

Details of the representations received to the proposals were outlined in the report before Panel with Members being informed that the request made by West Yorkshire Combined Authority (Metro) for the provision of a real-time display to be provided in the foyer of the food store had been put to Aldi, the proposed food store operator.  Aldi had stated their other stores did not provide this facility and there was limited space around the foyer and beyond the checkout areas to accommodate this, so considered the request to be unreasonable.  Members were informed that all other measures set out in the travel plan had been agreed

An error in paragraph 10.1.3 of the submitted report was highlighted, with this being clarified to Members, that based on the retail impact assessment submitted by the applicant, on balance, it was considered that the proposed food store was unlikely to have significant adverse impact on the existing centre at Lincoln Green due to the diversity of their retail offers

At this point Councillor Cohen brought to the Panel’s attention that Aldi was a customer of the company which he worked for

Members commented on the application, with the main issues relating to:

·  highways, with particular concerns being raised about the level of congestion currently experienced at the junction of Skinner Lane and that little was being provided by way of highway improvement works as part of the proposals.  The Transport Development Services Manager stated that widening works along the front of the site to accommodate a right-hand turn lane were proposed and in terms of the wider area, a full traffic assessment had been carried out which showed that the proposals were acceptable.  Concerns continued to be raised about highway issues with better reassurances sought on the impact of the proposals and the need for a contribution towards any highways remediation works which were required.  Confirmation was given that as part of the deferral and delegation to Officers, the highway impacts as reported would be verified, prior to the grant of permission

·  streetscene; that ground floor active uses were welcomed but that further work should be required to make the area attractive as well as encouraging footfall and that a meaningful pedestrian access on to Regent Street should be provided.  Members were informed that Officers had specified that the windows of the foodstore should not be covered by adverts or vinyl stickers

·  the need for the standard employment and training wording to be used in relation to the S106 Agreement

·  the need for a good quality and imaginative landscape scheme to be provided

·  delivery timings; the impact of these on residential amenity and whether the service area could be re-sited to the rear of the building.  Members were informed there would be the opportunity to amend the illustrative layout at the Reserved Matters stage.  Members considered it appropriate that local Councillors were involved in the next stages of the scheme of development

·  the impact of the proposals on small businesses in the area.  Officers advised that policy required consideration of the impact on local centres, rather than all retail businesses in the immediate area.  Discussion on the impact of the proposals continued with some concerns continuing to be raised about the impact on local, independent retailers and the shops at the Lincoln Green local centre

·  the comments of Yorkshire Water as set out in the report

·  the need to value Lady Beck within the scheme and make a feature of it.  Members were informed this could be considered as part of a Reserved Matters application

·  the need for further work on the layout of the car park

·  the need for a Real-Time display to be provided

·  the view there was not a need for a 24 hour gym

·  that the site was in a Ward regarded as being deprived, with particular health inequalities and that the opportunity for local people to purchase cheap, fresh food was important in tackling this issue

  The Panel considered how to proceed

RESOLVED -  To defer and delegate the application to the Chief

Planning Officer for approval in principle, subject to the specified conditions set out in the submitted report, the removal of draft condition 20 to allow Pure Gym to operate 24 hours a day, an amendment to draft condition 21 to allow the retail units to open 10am – 5pm on Sundays and 8am – 10pm on Bank Holidays, an amendment to draft condition 22 to specify delivery hours of 07.00 – 20.00 Monday – Saturday and no deliveries on Sundays and Bank Holidays (and any others which he might consider appropriate) and following the completion of a Section 106 Agreement to cover the following matters:

·  the provision of a Real-Time display in the food store - £5,000

·  public transport contribution prior to occupation - £45,133

·  travel plan implementation and monitoring fee prior to occupation - £2500

·  employment and training opportunities for local people in City and Hunslet, or any adjoining Ward

·  management fee payable within one month of commencement of development - £1500

In the circumstances where the Section 106 Agreement 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 and to note that the Reserved Matters application should be considered by Panel in view of the many issues raised about the layout appearance and landscaping shown on the illustrative scheme