Agenda item

Further to minute 95 of the City Plans Panel meeting held on 11^th December where Panel deferred determination of an outline application for proposed employment development for use classes B1(b) and B1(c) (Research and Development/Light Industrial uses), B2 (General Industrial uses) and B8 (Storage and Distribution uses), for additional information, to consider a further report of the Chief Planning Officer

(report attached)

  Further to minute 95 of the City Plans Panel meeting held on 11^th December 2014, where Panel deferred determination of an outline application for proposed employment development on a site designated for employment use by the UDP Inspector, for additional information, the Panel considered a further report of the Chief Planning Officer.  Appended to the report was a copy of the report presented in December 2014.  It was noted that Members had visited the site prior to their consideration of the application on 11^th December 2014

  Plans, graphics and photographs were displayed at the meeting

  Officers presented the report which responded to the issues raised by Panel at its previous meeting and outlined the conditions which were proposed to address matters such as phasing, quantum of development and the access arrangements

  Additional landscaping was now proposed to the residential dwellings at Belle Vue Terrace, together with the provision of an acoustic fence.  Planting details were also outlined for Nepshaw Lane North, with the minimum height of the proposed planting to be 10m.  Members were informed that an 8m wide verge was proposed which could accommodate additional planting, with this being considered at Reserved Matters stage

  In terms of the impact of the proposals on residents at Belle Vue Terrace, together with the additional planting proposed and the repositioning of the units as shown on the illustrative Master Plan, the adjoining unit would be restricted to B1 use only, with Officers of the view the proposals now represented an improvement in respect of the residents’ amenity

  Concerning the access arrangements and the view that this should be from Nepshaw Lane, whilst this suggestion had been put forward, the applicant required the access arrangements to be considered as set out in the application.  An additional highways condition had been included which related to the level of passenger car units for the different industrial uses proposed, with this providing flexibility of use whilst at the same time capping what could be built

  Reference was made to discussions by Development Plan Panel in respect of site allocations, at the meeting held on 13^th January 2015, where it was noted that some Members wished to see housing on all or part of the site.  Members were informed that employment use for the site was proposed but subject to the developer proceeding with this application and that in the event the scheme did not proceed, further consideration be given to the proposed allocation of this site

  The receipt of additional representations was reported, with one further objection from Morley Town Council being read out and nine further representations being referred to

  One issue which had arisen was in relation to a Right of Way (ROW), with representations being made that the proposed buffer at Belle Vue Terrace would encroach on this.  Members were advised that Officers considered the ROW did not encroach on the application site but that if evidence was provided to contradict that view, the scheme could be reworked at RM stage to preserve the buffer

  The Panel heard representations from a Gildersome Parish Councillor who outlined concerns about the proposals which included:

·  impact of the proposals on Gildersome

·  access arrangements and concerns about the safety of the proposed access from Asquith Avenue

·  the need for the site to be developed for employment use in view of other empty brownfield sites in the area

·  impact on the geography of the area

·  effectiveness of the proposed landscape mitigation measures

·  accuracy of the travel figures presented

·  issues of sustainability

Prior to hearing from the applicant’s representative, the Chair advised

that the additional information which had been sent directly to Panel Members from the applicant would be disregarded in light of advice given by Legal Services at the start of the meeting (minute 104 refers)

  The applicant’s representative addressed the Panel and provided information which included:

·  the conditions which were proposed would control the amount of development and the traffic generation from the proposals

·  the revisions proposed regarding improved landscaping and an extended buffer to the nearby residential dwellings

·  the importance of the site as an employment site in the Site Allocations Process

·  the job creation the scheme would provide

The Panel discussed the application, with the main issues relating to:

·  the impact of the scheme on the residents at Belle Vue Terrace

·  the sum proposed for flood alleviation works and that this should be index-linked

The Chief Planning Officer advised that condition no. 4 should refer

specifically to the masterplan; that service access to Unit 5 needed to be secured so that it was not directly next to the residential properties; that the distance of the 15m buffer should be increased and that the resulting amendments to the submitted plan should be conditioned

  The Panel continued to discuss the application with concerns being raised that the applicant should be asked to evidence the financial issues in respect of providing the access from Nepshaw Lane over third party land

  The Panel considered how to proceed

  RESOLVED -  To defer and delegate to the Chief Planning Officer for approval, subject to the conditions set out in the submitted report, with an amendment to condition no 4 to specify ‘in accordance with the masterplan’ (and any other conditions which he might consider appropriate); the submission of a revised plan for an improved relationship to the properties at Belle Vue Terrace and the units to the south east of the dwellings and the completion of a S106 agreement to cover the following:

·  travel plan – including monitoring fee

·  highway and transport mitigation measures – to include:

Weight limit restrictions through Gildersome, including Branch End, Town Street, College Road and Street Lane to be in place before first occupation of the development

Improvements to the junction of Victoria Road/Asquith Aveue/Bruntcliffe Lane/Brunswick Street to be completed before first occupation of the development

Traffic management works on Asquith Avenue from Victoria Road to the M621 motorway bridge

Neptshaw Lane North resurfacing ( c£20,000)

£60,000 towards improvement of two existing bus shelters on Asquith Avenue and one shelter on Gelderd Road

·  woodland management plan – for woodland management within the applicant’s ownership

·  public transport contribution also required to comply with up-to-date SPD guidance.  The sum is under negotiation but is calculated at £316,000 (£20,000 of this to provide enhanced bus stop facilities)

·  drainage - £300,000 (index-linked) contribution towards off site flood alleviation works and drainage works to Gildersome tunnel.  The £300,000 includes £50,000 towards a study of possible schemes in Farnley Wood Beck/Dean Beck, plus £250,000 towards a major scheme to address flooding in the catchment as follows, as required by the study:

Flood doors at Old Close £70k); maintenance of the channels and grilles downstream of the Treefield site to just below Old Close, Churwell (£1k/ annum - £30k) and storage of storm flows in 2 potential locations (£75k each – total £150k)

·  provision for local training and employment initiatives

In the circumstances where the Section 106 has not been completed before 2^nd April 2015, the final determination of the application shall be delegated to the Chief Planning Officer

  Following this resolution, a further discussion took place regarding S106 agreements and the introduction of CIL, with Members being informed that if a S106 was not signed by 2^nd April 2015, from 6^th April 2015 the application would become CIL liable, with some of the contributions falling away to CIL.  The Head of Planning Services suggested that this matter be considered in greater detail at the next Joint Plans Panel