Agenda item

To consider a report by the Chief Planning Officer which sets out details of a variation of conditions 4, 23, 24, 25, 26, 27 and 28 of permission 15/06583/OT relating to the retail floorspace mix and associated matters at land between Barrowby Lane and Manston Lane, Thorpe Park, Leeds, LS15 8ZB

(Report attached)

With reference to the meeting of 17^th December 2015 and the decision to approve the application (15/06583/OT) subject to the satisfactory outcome of the additional sequential/impact assessment information. The Chief Planning Officer now submitted a report which set out details of a variation of conditions 4, 23, 24,26, 27 and 28 of that permission, relating to the retail floorspace mix and associated matters at land between Barrowby Lane and Manston Lane, Thorp Park, Leeds, LS15 8ZB

Site photographs and plans were displayed and referred to throughout the discussion on the application.

The Chief Planning Officer together with the applicant’s representatives addressed the Panel, speaking in detail about the proposal and highlighted the following:

·  The application sought to vary the retail conditions of the most recent outline permission (the ‘cinema permission’ ref: 15/02217/OT) to respond positively to occupier interest and requirements. In particular, the ability to attract Marks and Spencer’s (M&S) to Thorpe Park from its current location in Cross Gates was a key requirement in terms of securing other retailers to the site and at present Condition 26 of the cinema permission currently prevents this from happening, as it seeks to ensure that retailers, who have occupied units over 500 sq.m Gross External Area (GEA) in Cross Gates, Garforth or Rothwell Town Centres, within the preceding six months, do not occupy floorspace within the Thorpe Park development.

·  This application also sought an increase in the retail GEA within the approved layout from 18,000 sqm to 21,499 sqm. At the time of the earlier outline proposals assessments and assumptions had to be made about anticipated retail occupiers. Occupiers were now clearer as tenancy agreements with occupiers were signed, and as occupiers sign agreements their front and back of house floorspace requirements were also becoming clearer. This has led the applicant to seek to an increase in the GEA, which largely related to back of house operations, such as storage. The application also proposes a modest increase in net sales floorspace from 12,800 sqm to 13,099 sqm (an increase of 299 sqm).

·  The variation sought were set out in paragraphs 2.3 – 2.9 of the submitted report

·  All proposals were within the existing form and footprint

·  The impact of the new proposals was less than the consented scheme

·  No third party representations or objections had been received

·  Ward Members had been consulted

Member’s questions raised the following issues:

·  Referring to the history of negotiations, Members queried if the application had been adequately publicised

·  Was there a new planning permission required for the proposed Manston Lane Link Road (MLLR) 

In responding to the issues raised, the applicant’s representatives confirmed that the application had been publicised and that there was a need to renew the planning permission required for the proposed (MLLR) but only the East – West section.

In offering comments, Members raised the following issues:

·  There was concern expressed about the level of car parking, were 911 spaces adequate

·  The proposed height of MLLR in some locations was a concern to a small number of neighbouring residents with visual amenity being destroyed

·  Concern was expressed about the loss of the Marks and Spencer Store at Crossgates, it was suggested that this was a flagship retailer and other businesses in the area would be affected.

·  Referring to the retail impact assessment Members took the view that Crossgates should not be worse off as a result of this development, losing Marks and Spencer could not simply be dealt through the results of a survey, there may be a need to review the “Local Centre Support Contribution” of £60,000

In responding to the issues raised, the Chief Planning Officer/ applicant’s representatives confirmed that monitoring and management arrangements for the car parking would be put in place, referring to the MLLR it was stated  there was a need for a refresh of the consent for the East – West section of the MLLR and the applicant was willing to work with the individual property owners affected by the proposal, the retail impact assessment demonstrated the impact on Crossgates had actually reduced relative to the approved consent, however, a commitment was provided that if a specific town centre initiative was identified that was in excess of the  current pot of £60,000, then this could be considered and funded.

In summing up the Chair said this was an exciting proposal and Members were supportive of the variations to the planning consent.

RESOLVED – That the application be approved in principle and referred to the Secretary of State for the Department of Communities and Local Government as a Departure from the Statutory Development Plan and for consultation under the Town and Country Planning (Consultation) (England) Direction 2009, and delegate approval to the Chief Planning Officer subject to the suggested conditions and with an additional condition requiring the application must also cap the A1 convenience to 4,000sqm GFA as previously advised on the grounds of traffic impact (and others which he may consider appropriate) and following the completion of a deed of variation to the existing Section 106 Agreement so it’s obligations apply equally to this varied permission (as set out in Appendix 1 of the submitted report) should the Secretary of State decide not to call the application in for determination