Agenda item

The report of the Chief Planning Officer presents an outline application for up to 925 dwellings including means of primary vehicle access and central Spine Road and associated infrastructure works and a 2.6ha Community Hub facility (provisionally comprising primary school, convenience store and health provision) with all other matters reserved all on land pertaining to the Southern Quadrant of the East Leeds Extension (part of housing allocation site HG1-288)

The Chief Planning Officer presented a report to Panel which provided information that Members had requested at a meeting held on 22^nd September 2022. Members had been requested to consider an application for outline planning permission for up to 925 dwellings including means of primary vehicle access and central Spine Road and associated infrastructure works and a 2.6ha Community Hub facility (provisionally comprising primary school, convenience store and health provision) all on land pertaining to the Southern Quadrant of the East Leeds Extension (part of housing allocation site HG1-288). This application seeks detailed approval for means of access, but with all other matters reserved.

 A copy of the position statement report was attached at Appendix 1. At the meeting on 22^nd September 2022, Members had resolved to note the content of the report, provided views in relation to the questions posed, and to defer and delegate approval to the Chief Planning Officer, subject to a list of conditions relating to the outline application being put before Panel Members at a future Plans Panel meeting.

The purpose of this report was to fulfil the second part of that resolution and provided details of the proposed conditions, as listed at Appendix 2. The report also provided details of the proposed planning obligations to be secured by way of a Section 106 Agreement and provided an update on matters since the 22^nd September Plans Panel which were set out at Paragraph 4 of the submitted report.

Members were informed that the Environment Agency still had objections and were still in consultation with the developers. The concerns related to flood risk and nature.

In relation to Condition 36, Yorkshire Water were now confident they could deliver what would be required for the site and that proposed condition could be deleted.

There were no speakers for this item but the agent, Mr Johnson was available to answer questions.

In response to questions from Members, the agent and officers provided the following information:

• It was noted that Condition 2 set out a time limit of 10 years for the submission of Reserved Matters which was consistent with the approach taken for planning permission granted for the North and Middle Quadrants and the sheer scale of the development proposed. Members did have concerns about the 10 year time limits as this could affect speed in which much needed housing is delivered. The agent clarified that a change to Condition 2, to 3 years would not be a cause for concern to the developers as they were ready to submit Reserved Matters details.
• It was noted that Highways had requested work to Dumbbell Roundabout, and this had been conditioned as it was necessary for both the South and Middle quadrants.
• It was noted that the new primary school was to be located in the Local Centre hub of the development and it would require alternative provision to be made for some of the existing playing pitches before the school opens in 2026. There was a pressure to bring this forward from a school’s perspective, but a keenness to ensure that the conditions do not stymie the timely delivery of the school.
• Members were advised that the scheme was compliant with polices in relation to climate change. There would be no gas boilers on this scheme. This would reduce carbon emissions and be 50% better than Building Regulations requirements.
• Cllr McKenna advised the Panel that Cllr Grahame the Local Ward Member and Chair of the East Leeds Extension (ELE) Consultative Forum had raised some points in relation to the scheme and had requested that she and the Forum be involved in discussions when future details are released (i.e. through pre-application and reserved matters submissions).
• Members were advised that Condition 13 in relation to the Spine Road would be relevant to each phase of development incorporating the Spine Road.
• It was noted that colleagues in the Council were in negotiation with Sport England in relation to conditions relating to playing pitch provision.  Members comments in relation to Condition 69 were noted to facilitate timely delivery of the primary school.
• The scheme would include a Construction Management Plan to ensure that any noise and dust is kept to a minimum and no mud is left on the roads. This was mandatory and enforcement action could be undertaken.

The Legal Officer clarified to Members that conditions can only be attached to a permission to mitigate the otherwise adverse impact(s) of a development at the time the permission is granted and in accordance with current policy ‘asks’. Conditions should not be worded so as to seek more at some stage in the future. Members must rely on the professional expertise and judgement of officers to ensure conditions are robustly worded so they are later enforceable, and then the professional expertise and judgement of enforcement officers in ensuring compliance.

The Legal Officer also clarified for Members that there was no motion to be voted on, given the resolution of 22^nd September Plans Panel. However, comments could be provided for officers in relation to the proposed conditions. A number of Members expressed the view that they preferred applications to come back to Panel in full, contrary to what had previously been resolved at the 22^nd September Plans Panel – so asked officers to note this for the future.

Members requested the following:

• Condition 2 be amended to 3 years.
• Reserved Matters applications be brought to Plans Panel.
• Discussions to be held with Sport England in relation to Condition 69.
• A Condition be added to ensure that the ELE Consultative Forum Chaired by Cllr Grahame is advised and involved in discussions.

RESOLVED – To note the information provided with the submitted report.