Agenda item

To consider the report of the Chief Planning Officer application (15/07209/FU) for the demolition of existing buildings and erect part 3 and 4 storey later living retirement housing accommodation, with 41 residential units, communal facilities, landscaping and car parking at Devonshire Lodge, Devonshire Avenue, Lidgett Park, Leeds.

(Report attached)

The Panel was informed that the application had not changed since the last time it had been presented at Plans Panel. Members were reminded that when considered previously there had been a shortfall in the affordable housing contribution to be policy compliant. That scheme was pre CIL and was the subject of an appeal which was dismissed and a subsequent High Court challenge by the applicants which was subsequently withdrawn. A costs award against the Council was quashed and a decision on that remains outstanding with the Planning Inspectorate.

Members noted that the current offer was an improvement over the earlier offer made under Ref: 13/03606/FU.

The application detailed a proposal relating to the erection of 41 residential units with associated communal facilities, landscaping and car parking. The development comprises a 4 storey block of one and two bedroom apartments with a resident’s lounge, guest room, laundry, and mobility facilities.

The existing building which comprises Devonshire Court, Devonshire Hall, and Devonshire Grange would be demolished and the 4 storey block built on the site.

Members were informed that 1 letter of object had been received from Devonshire Lodge which is an office building. The response to the letter was read out to the Panel.

Response:

·  The application site clearly relates to the land adjacent to the actual property Devonshire Lodge.

·  Drainage implications have been assessed by Flood Risk Management and they have recommended suitable worded conditions to be imposed should Planning Permission be granted.

·  Loss of amenity is dealt with in the main body of the report and the impact on amenity of the area was considered acceptable.

·  Lack of pre application consultation – Whilst the LPA support the carrying out of Pre Application consultation with the local community the parameters and extent of that consultation is the responsibility of the developer and the lack or the perception of the lack of pre application consultation is not a reason for refusal of the planning permission.

·  Loss of Employment land – Whilst the sites last use was for B1 employment uses it has never been formerly identified as Employment Land in the Local Plan. In addition, the most recent appeal decision did not consider that the loss of B1 offices would be detrimental to the viability of the locality as to justify the dismissal of the appeal on that point especially when balanced against the benefits that the development itself would bring to the area.

·  Access for construction – without causing severe damage and detriment to the existing boundary of Devonshire Avenue it is difficult to see how a separate construction access could be formed and there has been no request from the Highway’s officers for a separate access during construction as the existing access is deemed satisfactory.

·  That there are similar units in the vicinity available for rent within a mile of the development is not a material planning consideration, and the establishment of a retirement complex in this location is subject to the contents of the report considered acceptable.

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

A senior representative of the District Valuer’s Office attended the meeting to assist Members in considering the viability evidence.

The public were then readmitted to the meeting.

Plans and photographs were shown at the meeting.

Members discussed the following:

·  Asset value of land nearby

·  Use of CIL for art work for the development

·  Use of CIL for public health facilities close to the development

·  Design and layout of the development

·  Amenity space

RESOLVED – That the Panel agreed to defer and delegate approval to the Chief Planning Officer as per the conditions set out in the submitted report.

A clause to be added in the Section 106 to restrict age limit to occupiers aged 60or over.