Agenda item

To consider a report of the Chief Planning Officer providing an update on the current position in respect of this application.

The report is accompanied by information considered to be exempt under Access to Information 10.4(5)

(report attached)

  Further to minute 38 of the North and East Plans Panel meeting held on 30^th July 2015, where Panel considered an update report on works at 56 The Drive Crossgates, Members considered a further report.  Appended to the report was a copy of the approved Building Inspector’s final certificate (in Part) which was described as ‘Continuation by Alterations of New Dwelling (as per Planning), 56 The Drive Crossgates Leeds LS15 85P (Shell only); a copy of the insurance of the Building Inspector’s company and a certificate issued by the Construction Industry Council that the company was an approved Inspector in accordance with the relevant legislation.  An exempt appendix was also appended to the report which contained legal advice from Counsel

  Plans, photographs and drawings were displayed at the meeting

  The Panel’s Lead Officer outlined the current position in respect of this matter which related to the implementation of the 2014 application and the undertaking around the timescales for the completion of the work, which, in line with that undertaking, should now be in the demolition phase

  At the meeting on 30^th July 2015, Panel had noted there was some uncertainty about how the  position of the lift would impact on the roof, with the applicant suggesting that the 2014 permission could not be implemented as approved and at the last meeting Panel resolved to enforce the terms of the undertaking, this being that after the expiry of the two month notice period, the Council would seek to enforce demolition.  The Panel had also resolved to progress legal proceedings against the applicant in respect of his failure to comply with the terms of the separate undertaking given to the High Court  and for Officers to investigate what could be done to address the overhanging tree issue for the neighbour

  Members were informed that following that meeting, in correspondence, the applicant’s solicitor had confirmed for the first time that the intention of his client was to implement the 2014 permission and that the anticipated practical completion of the external shell was to be done by 24^th August 2015.  A practical completion certificate was also to be provided by the approved Building Inspector to confirm the above, again by the 24^th August 2015.  In view of this it was put to the Council on behalf of the applicant that it would be unreasonable to proceed to demolition and appropriate steps would be taken to resist this should this course of action be pursued

  Officers confirmed that in the light of the above, further legal advice was sought and arrangements for a site survey to be undertaken on 25^th August 2015 were made to check compliance with the 2014 application.  Receipt of the completion certificate from the approved Building Inspector (in Part) dated 24^th August 2015 was also acknowledged.  The key measurements from the survey were set out in the submitted report, not all of which fully complied with what had been approved.  Officers were nevertheless of the view that the discrepancies did not have any particular detrimental impacts either visually or on residential amenity so were not necessarily seeking further amendments as the critical measurements relating to the ridge height was slightly below that approved

  The property now presented as a genuinely two storey dwelling, with rooms in the roof and was felt to have a better relationship to Nos. 56 and 50, relative to the fallback created by the 2005 application.  In terms of the eaves height, there remained some uncertainty as this part of the roof had yet to be fully completed, however any difference was likely to be a few centimetres only from the survey measurements taken

  Members were informed that Officers did not necessarily share the Building Inspector’s view as to what constituted a complete shell and that Officers would expect this to be wind and watertight, however there had been significant progress made on site in recent weeks and in particular the previous uncertainty regarding the roof and how the lift shaft might impact on it no longer existed which was positive

  At this point, having resolved to consider the exempt appendix in private, the public withdrew from the meeting

  The Head of Service, Strategy and Resources, Legal Services, presented the exempt appendix and outlined the advice obtained from Counsel

  Reference was also made to the receipt of the Building Certificate, with Members being informed that the Council would not have issued a certificate for a shell only.  Details were also provided on the cost of demolition of the building and the timescale for demolition for Members’ information.  An indication of the costs already incurred by the Council in this long-running planning matter was provided verbally

  The significant level of interest in this planning application by the local community was noted with concerns being raised about whether sufficient progress had now been made to satisfy local concerns

  At this point, the Chair invited Councillor P Gruen, a Ward Member, to address Members on this issue

  The length of time this matter had taken; the range of views locally about the most appropriate outcome; concerns about future development and suggested timescales were outlined to Panel by Councillor Gruen

  The Panel discussed the report and commented on the following matters:

·  the extent of the work which remained to be completed to comply with the definition of completion which the applicant had been happy to agree in the Unilateral Undertaking

·  concerns about whether the remaining works could or would be completed within a reasonable period of time, determined by Panel

·  the most appropriate course of action going forward

The public were then readmitted to the meeting

  The Panel continued to discuss the application, with the main issues being raised relating to:

·  the importance of applicants adhering to approved plans

·  that insufficient progress had been made on site to remove the threat of demolition

·  the need for the property to be completed before 1^st October 2015, this meaning from the outside it would appear as a completed dwelling

For clarity, before Panel reached a decision on this matter, the Head of

Planning Services summarised the situation and informed Members that a Building Certificate from an approved Inspector had been received on the shell of the building; that in line with the Unilateral Undertaking, by two months ago, a practical completion of the building should have been reached.  Although this had not occurred, further work had been undertaken and that Members wished to see this continue and that all work to be finished by the end of September 2015; that the threat of demolition, as resolved by Panel on 30^th July 2015 remained and that the works would be monitored and updates provided to Ward Members, with a further report back to Panel on 1^st October 2015 with a site visit

  RESOLVED -  To note the report and the information provided and that having regard to the further works undertaken in implementing planning permission 14/00575/FU and the information provided in the exempt appendix, that a practical completion of the building, as defined in the signed Unilateral Undertaking should take place by the end of September 2015; that the works be monitored and Ward Members be kept updated by Officers on the progress of the works; that Panel’s resolution of 30^th July 2015 regarding the demolition of the property remained if these works were not completed to the satisfaction of the Council by the end of September 2015 and that a further report be submitted to Panel at its meeting on 1^st October