Agenda item

To consider a report of the Chief Planning Officer on an application for change of use of film production set to accommodate ancillary visitor tour attraction (Emmerdale Village)

(report attached)

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

  Officers presented a report which sought approval of a Change of Use of film production set to accommodate a visitor tour attraction.  Members were informed that the purpose-built Emmerdale set was sited at Harewood House and that the application sought approval for week-end tours of the set, by coach only, which would result in four vehicle movements per hour.  The proposed coach route had been amended since the original submission and there were now no highway safety objections from Officers

  The receipt of two further letters of representation was reported, one objecting to the application on highway grounds; the other supporting the proposals

  Members were informed that the coaches would need to use bridleway 18, however this was a short section only and was felt to be acceptable in this case

  Whilst the tours would generally be pre-booked, there was the facility for ‘walk up’ sales, which the applicant considered would account of around 10% of sales.  If minded to approve the application a further condition could be included to require ‘walk up’ sales to use the coaches provided

  In terms of the S106 Agreement, Councillor Rachael Procter’s concerns, set out in paragraph 6.4 of the submitted report were outlined to Panel with Members being informed these issues could be taken forward, subject to any suggestions recommended by the Panel’s Legal adviser.  Notwithstanding the report’s recommendation that if approved, the application should be referred to the Secretary of State as a departure from the Development Plan, Members were informed that consultation with colleagues in Legal Services would take place to clarify whether in this particular case, any approval required referral

  Members discussed the application, with the main issues raised relating to:

·  possible provision of laybys to cater for emergency vehicles and provision of adequate passing places.  The Panel’s Highways representative stated that the bridleway was of reasonable width; that there were some passing places on the private access road and although there was no physical reason why those passing places could not be extended, there was a much lower level of traffic at week-ends as filming did not occur.  The Chair was of the view the passing places should be lengthened and be made more substantial in appearance.  The possibility of directing some of the S106 monies towards local footpath improvements was also suggested

·  the capacity of the local highway network to accommodate the coaches.  Members were informed an assessment had been carried out and although it was tight in some areas, Officers were satisfied it was acceptable and that the local highway network was sufficient to deal with the additional traffic movements arising from the coaches

·  concerns that over time the number of coaches operating tours could increase

·  public perceptions in this case, in view of the site being located in the Green Belt and a Special Landscape Area

·  the need for all appropriate health and safety and welfare facilities to be provided for visitors

·  the S106 monies and how issues relating to how this funding would be dealt with.  The Panel’s Lead Officer advised that as part of the recommendation to defer and delegate, Officers wished to review the mechanism relating to the spending of the S106 heritage spend monies, which would include the geographical spend.  This would also take into account Councillor R Procter’s concerns that this spend should be firstly in the Harewood Ward, then the Harewood Estate and finally citywide.  Although this issue had been raised with the applicants, their view was that the impact of the proposals was local and that the benefits should be to a tight geographical area of the village.  Officers were of the view that the presence of the Emmerdale village and the proposed tours in Leeds were of strategic importance for the City and the tourism generated would have a wider impact, with the starting point of Officer discussions being funding firstly for projects within the vicinity of the Harewood Estate, then the Harewood Ward and lastly citywide  Members were also informed that including the contribution for 2015, there was currently £352,000 in the S106 heritage fund

·  the disbursement of the S106 funds and the possibility of stipulating that the Chair of the Stakeholder Funding Panel should be a Harewood Councillor.  The Panel’s Legal Adviser stated such an alteration would need to be included in the Deed of Variation.  Discussion also took place on possible wording to future-proof this element of the Deed of Variation against possible boundary changes

The Panel considered how to proceed

RESOLVED – To defer and delegate approval to the Chief Planning

Officer subject to:

a)  the suggested conditions set out in the submitted report, additional conditions to specify that ‘walk up’ sales be restricted to the two coaches per hour  and that improvements should be made to the passing places (plus any others which he might consider appropriate), and the variation of the Section 106 agreement to repeat the terms of the original agreement, but to allow for the operation of tours in the terms sought

b)  to review the terms of the Section 106 Agreement in respect of the mechanism for the allocation of and spending of monies generated and for this to be widened to include open space and recreational projects as well as heritage projects; that the spending of monies on these projects to be agreed with the Chair of the Plans Panel and Stakeholder Panel and for the Chair of the Stakeholder Panel to be a Local Councillor from the Ward in which the site is located and that monies be restricted to projects that have a public benefit and be allocated to such projects in the following sequence: within the vicinity of the Harewood Estate; then within the Harewood Ward and finally within the administrative boundary of Leeds City Council.

c)  if deemed necessary, referral of the application to the Secretary of State for the Department of Communities and Local Government under the Town and Country Planning (Consultation) (England) Direction 2009 as a departure from the Statutory Development Plan

In the circumstances where the Section 106 has not been completed within 3 months of any determination of the Secretary of State (if deemed necessary) not to intervene, the final determination of the application shall be delegated to the Chief Planning Officer.  In the event the applicant does not agree to the terms of the S106, as amended by Members, that a further report be submitted to Panel