Agenda item

To receive the report of the Chief Planning on an application for change of use of vacant first and second floor former offices to three flats with new dormer window to rear at 28 Austhorpe Road, Crossgates, Leeds, LS15 8DX.

(Report attached)

The report of the Chief Planning Officer proposed a change of use of vacant first and second floor former offices to three flats (use Class C3), with new dormer window to rear at 28 Austhorpe Road, Leeds.

The application was reported to Plans Panel at the request of Councillor Peter Gruen on the grounds of highway safety, impact on residential amenity which could give rise to concerns affecting more than neighbouring properties.

Members noted the following comments by Councillor P Gruen and the Cross Gates Watch:

·  The preference of commercial use in the upper floors of this property

·  Parking activity where demand already outstrips supply

·  The size of the studio flats

·  To consider two larger flats rather than the three proposed

·  The fact that the report had been published before the expiry of revised consultation period

·  The introduction of a terrace at the first floor level with concerns in relation to sound and disturbance impact that the use of this may cause to residents below

·  Implication in terms of noise and odours from two heavy duty vents located on the flat roof of the shopping centre. Said to be only 2metres away from one of the flats and below the level of the proposed new dormer

·  Concerns in relation to the road, new and existing ventilation systems, and the new terrace

·  Fire risk in relation to hot food takeaway below the flats and only one means of escape down a staircase that extends three floors.

In response to the comments received from the Ward Councillor and the Cross Gates Watch the Panel were informed of the following:

·  The property had been vacant for 12 months

·  The report had been written with 2 days left of the consultation period. However, the Panel received comments from that consultation verbally at the meeting

·  The noise from the road could be addressed using sound insulation and double glazing

·  No specific risk of fire in relation to the internal layout had been identified by the Housing Regulation Team

·  The size of the studio flats were deemed to be adequate for the level of occupancy and were within national standards

Professor Judge of the Cross Gates Watch informed the Panel of the following points:

·  That this application ignored the principles of good design as set out in the Core Strategy

·  That guidance in relation to noise and vibration from the road and extraction units had been ignored

·  That parking should be provided for each unit, he said that this application had not addressed this issue

·  The proposed flats were small and the top floor flat had limited head room

·  The fire safety issue in relation to the design and layout of the flats. Professor Judge quoted an incident of fire at a takeaway a few doors away

·  Was of the view that the access to the flats was not safe or secure for future residents as it was through an ill light narrow passageway

Mr Cook on behalf of the applicant informed the Panel of the following points:

·  Condition 3 of the submitted report would deal with sound insulation at the properties to mitigate noise and vibration from neighbours, road and ventilation units

·  The architect had looked at providing only two flats. However, the property ‘lent’ itself better to providing three studio flats

·  The studio flats measured 39 square metres and the national standard was 32 square metres

·  The architect had made the flats open plan as corridors were thought of as dead space and open plan would provide more natural sunlight in the studios. It was noted that there was no roof lights on the plans for studio two. Members asked that this be considered.

·  Health and Safety had not highlighted the studio flats as a fire risk

Members discussed the National Space Standards. They were provided with clarification on measurements in relation to flats and studios.

In response to Members questions on access to the flats they were informed that the flats would have a separate access. And that in accordance with fire regulations there would be another door that could be used by both the hot food takeaway and the occupants of the flats as a fire exit.

RESOLVED – Members resolved to grant planning permission in accordance with officer recommendation subject to the following:

·  Amendment to condition 3 in relation to sound insulation and inclusion of appropriate glazing to windows

·  Additional condition to require details of a rooflight to studio 2 to be submitted and approved

Councillor Hamilton requested that when dealing with details submitted pursuant to the planning permissions granted at 28 Austhorpe Road that regard be had to the operation of plant and equipment and works associated with the use after the shop had closed.