Agenda item

With reference to minute 48 of the City Plans Panel meeting held on 18^th September 2014, where Panel supported in principle an application for residential development of up to 325 dwellings, access and associated works including open space and structural landscaping, including addition of pelican crossing to Spofforth Hill, subject to further consideration of specific matters, to consider a further report of the Chief Planning Officer.

An exempt appendix which contains financial information accompanies the main report

(report attached)

  Further to minute 48 of the City Plans Panel meeting held on 18^th September 2014, where Panel supported in principle an application for residential development of up to 325 dwellings, access and associated works including open space; structural landscaping and the addition of a pelican crossing to Spofforth Hill, subject to further consideration of matters raised at the meeting, the Panel considered a further report of the Chief Planning Officer.  An exempt appendix which contained financial information was appended to the main report and a copy of the report which was considered by Panel on 18^th September 2014 was also included in the information before Members

  Plans were displayed at the meeting

  Officers presented the report and outlined the information which had been received in respect of:

·  guarantees regarding off-site commuted sum and phasing

·  commitment to delivery of the balance of the EASEL 7 site

·  affordable housing provision

·  proposed changes deleting the right hand turn access to the site

·  pepper potting of affordable housing throughout the site

·  further discussions with Harrogate Borough Council in respect of an access on land within the Harrogate District to serve the development

Receipt of a further representation was reported which supported the

deletion of the right hand turn lane.  The Transport Development Services Manager advised that road safety audits had raised the fact there was the potential for accidents without the right turn and having considered this, Highways considered that the right turn lane was desirable but not essential.  Members were also informed that if the right hand turn lane was deleted, the Heads of Terms should include setting aside of costs for the provision of the right hand turn lane for up to 3 years post completion, in the event this was required

  At this point, having previously resolved to exclude the public, the Panel considered the financial information contained in the exempt appendix in private.   To respond to questions and comments from Members, a representative of the District Valuer (DV) was in attendance

  The Panel considered the financial viability information, with the main areas of discussion being:

·  the delivery of EASEL 7 and the conflicting information which existed about the developer’s willingness to commence on the completion of this stalled site

·  the viability and profit levels for the EASEL 7 site with and without the cross subsidy from the site at Spofforth Hill

·  the legal agreement tying Bellway into the delivery of 83 houses on the EASEL 7 site and the strength of this

·  the build out rates for the Spofforth Hill site

Following these discussions the public were readmitted and Members

considered the other elements of the report, which included:

·  that the scheme could not be supported by Local Members; that this was likely to be a minority view of the Panel and therefore the best outcome for local residents had to be sought

·  the extent of tree loss and possible numbers of trees at risk due to the proposals to accommodate a wider footway and whether this was necessary

·  the need for clarity from Highways about the deletion of the right hand turn lane.  In response to a question from the Panel, the Transport Development Services Manager stated that a right turn lane was preferred

·  the delivery of the greenspace within the S106 agreement.  The Chair recommended that a meeting be arranged with relevant parties and Ward Members to discuss this matter

·  payments and phasing; the likely build out rates on the Spofforth Hill site and the length of time the local community would need to wait until the planning contributions flowing from the scheme were delivered.  The Chair invited a representative from Bellway Homes – the applicant – to advise on build out rates, with Members being informed that the build out rate would be 50 dwellings per annum, with an anticipated start in October 2015.  On whether this build out rate applied to the whole city, the applicant’s representative stated that in Seacroft, the build out rate would be 40 dwellings per annum, whereas in Wetherby which was a higher value area, the higher build out rate of 50 dwellings per annum would apply

·  that the application was premature; concerns about the sustainability of the site and the impact on Wetherby; the car borne nature of the development and the lack of cohesiveness of the scheme, with large, luxury homes being provided on part of the site and lesser homes on the other part

·  that the approach taken in this case to the application could not be commended as a way to deal with an application for planning permission

·  the length of time the proposals, including the cross subsidy had been discussed; the need for new homes in Leeds and the need to consider the case on its planning merits

The Panel considered how to proceed

Councillor J Procter paid tribute to Adrian Hodgson, Principal Highways

Engineer who had given so much of his time to explaining the highway proposals to local residents

In view of concerns about the differences in the DV assessment of viability and that of Bellway Homes, an amendment to the recommendation was made to defer determination of the application until the final agreed position in respect of viability was known.  Members voted on this amendment but it did not receive majority support

  RESOLVED -  To defer and delegate to the Chief Planning Officer for approval subject to the conditions set out in the submitted report (and any others which he might consider appropriate); the width of the footpath to be 1.7m; discussions with Ward Members about the greenspace provision and the completion of a Section 106 agreement to cover the following:

·  affordable housing at 15% (49 dwellings – phased delivery) on site, to be pepper-potted around the site in 5 clusters of between 8 and 10 properties and a commuted sum in lieu of the remaining 20% (around £8.5m in current values but to be index linked)

·  commitment to deliver EASEL 7 (83 dwellings) – 20 units delivered at EASEL for every 50 delivered at Spofforth Hill)

·  public transport contribution at £1,226 per dwelling and index linked

·  off-site highways mitigation contribution of £1,226 per dwelling and index linked

·  provision of a right turn lane (with the land safeguarded), in the event that it is needed

·  education contribution of £2,972 per dwelling and index linked

·  greenspace contribution (the current layout results in an indicative contribution of £324,876.82 and index linked)

·  travel plan measures and monitoring fee of £5,125 and index linked

·  bus stop and metro card provision

·  car club contribution

·  local employment and training initiatives during the construction of the development

·  public access to public open space

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