Agenda item

To consider a report of the Chief Planning Officer on an application for alterations and side extension to existing end terrace dwelling to form block of 6 apartments including associated landscaping

(report attached)

  Plans, photographs, drawings and an artist’s impression of the proposals were displayed at the meeting.  A Members site visit had taken place earlier in the day

  The Panel’s Lead Officer presented the report which sought approval for the refurbishment of 146 Chapeltown Road and to extend the property to create a modern extension of 6 apartments.  The site was located in a Conservation Area and close to a nightclub and was considered to be critical in terms of the regeneration of the area.  Members were informed that a fire on the site in 2005 had led to the book-end terrace being demolished and no 146 Chapeltown Road being badly damaged.  As no positive development proposals had come forward, the Council was well advanced with the legal matters involved to recover the site.  The proposals for the residential development would be in partnership with a Housing Association and although no 146 Chapeltown Road could revert to residential use without planning permission, there would not be the opportunity to protect the amenity of the apartments, which the application as presented, could provide

  The condition of a horse chestnut tree in the corner of the site was the subject of debate, with the Council’s Landscape Officer being of the view this was healthy, and the applicant – Leeds City Council Regeneration – disputing this.  Due to the proximity of the proposals, the tree was threatened and whilst it could be controlled by condition, it was felt that greater weight should be put on delivering the proposed scheme over the future health of the tree

  The existence of a nightclub close by, which also held activities outside the premises posed implications for future residents of the apartments and that noise mitigation measures were proposed

  Detailed design issues were outlined to Panel.  It was reported that one objector had produced a plan of a different form of development which related more closely to the existing architecture, however this was not the scheme which was under consideration

  The Panel heard representations from two objectors who outlined their concerns, which included:

·  the importance of the site to the Conservation Area

·  detailed design issues including reinstatement of the book-end terrace property

·  the need for the site to be redeveloped

·  that detailed plans for the development of a multi-purpose function room extending into the site had been developed but were not supported by the Council

·  matters relating to the legal process for the recovery of the site

Members then heard representations from the applicant’s

representative who provided information to the Panel, which included:

·  the need for residential accommodation in the area

·  the positive statement the proposals would make

·  detailed design issues

Members discussed the application, with the main areas of discussion

focussing on:

·  the funding for the scheme

·  the legal issues associated with the recovery of 146 Chapeltown Road

·  whether the correct procedure had been followed in terms of serving the Certificate of ownership.  The Panel’s Lead Officer explained the process and confirmed that it had been correctly carried out

·  possible noise nuisance from the nightclub and the extent of noise assessments which had been undertaken to support the recommendation to grant planning permission

·  hours of opening for licensable activities with concerns that prospective residents would not be attracted to the accommodation, despite its good design, in view of possible noise nuisance from the nightclub.  Members were informed that the noise mitigation measures proposed included sound insulation to the adjoining wall; appropriate glazing; siting the bedrooms to the rear of the development and possibly including mechanical ventilation and a high wall to the front

·  the number of residential units above licensed premises in the City Centre and that with the appropriate measures in place these two uses could be successfully accommodated in close proximity

·  that consideration of the application was premature in view of the land not yet being in the ownership of the Council

Members considered how to proceed

RESOLVED -  That the application be granted subject to the

conditions set out in the submitted report, with the amendment of condition no. 11 to be amended to require a full noise assessment to be submitted and a scheme to mitigation noise from the nightclub to be submitted and approved prior to occupation