Agenda item

To consider a report of the Chief Planning Officer on an application for residential development of 156 dwellings and associated works

(report attached)

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

  Officers presented a report of the Chief Planning Officer on an application for a residential development, comprising 156 dwellings and associated works on a PAS site to the rear of Sandgate Drive Kippax

  Members were informed that the site was well vegetated; there were existing residential dwellings, mainly bungalows to the south; more sparse vegetation to the east and to the north of the site lay the Green Belt and open agricultural land

  The proposals had been revised since they were first submitted, which initially was for 166 dwellings.  Improved relationships between the existing residential development had reduced the number of dwellings across the site to 156

  Half of the site would be retained as green, open areas and whilst there would be tree loss, mitigation planting was proposed

  Details were provided of the walking distances from the site to the nearest schools together with the proposed housing mix and form of the two storey houses

  Reference was made to the Executive Board’s decision in February 2015 to withdraw the Council’s Interim PAS Policy, and allow work to commence on the Site Allocations Plan (SAP), with Members being informed that the SAP did not propose to allocate this site for housing but to retain it as PAS

  In respect of highways issues, the applicant had sought to put forward a scheme but Officers in Highways were not satisfied with the proposals

  A further representation was reported which expressed concern about the timing of the Plans Panel meeting, i.e. through the day and that insufficient time had been available to consider the revised plan

  As the applicant’s agent had decided not to speak at Panel, the Chair advised there would be no public speaking on this application

  Members discussed the proposals, with the main issues relating to:

·  the impact of the proposals

·  the inadequacy of the access arrangements

·  the SAP process; the work of Development Plan Panel on this and the need to consider sites in the correct context

·  the need for significant investment in infrastructure for Kippax

·  the work being undertaken on a Neighbourhood Plan for Kippax to shape future development

·  whether, in view of the withdrawal of the Council’s Interim PAS Policy, any applications on PAS sites should be approved

The Panel considered how to proceed

RESOLVED -  That the application be refused for the following reasons:

  1 The Local Planning Authority considers that the release of the site for housing development would undermine the plan led system, being contrary to policy N34 of the adopted UDP Review (2006) and contrary to Paragraph 85, bullet point 4 of the NPPF, at a time when the Secretary of State has concluded on the basis of examined evidence that Leeds has an identified 5 year housing supply in an up to date Core Strategy.  The suitability of the site for housing purposes as part of the future expansion of Kippax needs to be comprehensively reviewed as part of the preparation of the ongoing Site Allocations Plan and Neighbourhood Plan.  There are no tangible reasons to justify early release ahead of the comprehensive assessment of safeguarded land being undertaken in the Site Allocations Plan.  The Site Allocations Plan will identify which sites will be brought forward for development in the life of the Plan together with the infrastructure which will be needed to support sustainable growth, including additional schools provision and where that would best be located.  It is considered that releasing this site in advance of that work would not be justified and would prejudice the comprehensive planning of future growth and infrastructure of the settlement in a plan-led way

  2 The proposal is contrary to the Adopted Core Strategy which seeks to concentrate the majority of new development within and adjacent to the main urban area and major settlements.  The Site Allocations Plan is the right vehicle to consider the scale and location of new development and supporting infrastructure which should take place in Kippax which is consistent with the size, function and sustainability credentials of a smaller settlement.  Furthermore, the Core Strategy states that the priority for identifying land for development will be previously developed land, other infill and key locations identified as sustainable extensions which have not yet been established through the Site Allocations Plan, and the Core Strategy recognises the key role of new and existing infrastructure in delivering future development which has not yet been established through the Site Allocations Plan, e.g. educational and health infrastructure, roads and public transport improvements.  As such, the proposal is contrary to Policy SP1 of the Core Strategy and guidance on the core planning principles underpinning the planning system as set out in the NPPF

  3 The Local Planning Authority considers that the applicant has so far failed to demonstrate that the local highway infrastructure, including the wider network which will be affected by additional traffic as a result of this development, is capable of safely accommodating the proposed development and absorbing the additional pressures placed on it by the increase in traffic, cycle and pedestrian movements which will be brought about by the proposed development.  The proposal is therefore considered to be contrary to Policy T2 of the Core Strategy, Policy GP5 of the adopted UDP Review and the sustainable transport guidance contained in the NPPF which combined requires development not to create or materially add to problems of safety on the highway network

  4  In the absence of a signed Section 106 agreement, the proposed development so far fails to provide necessary contributions for the provision of affordable housing, greenspace, travel planning and off site highway, drainage and flood alleviation works contrary to the requirements of Policy GP5 of the adopted UDP Review and related Supplementary Planning Documents and contrary to Policies H5, H8, P9, T2, G4 and ID2 of the Leeds Core Strategy and guidance in the NPPF.  The Council anticipates that a Section 106 agreement covering these matters could be provided in the event of an appeal but at present reserves the right to contest these matters should the Section 106 agreement not be completed or cover all the requirements satisfactorily