Agenda and minutes

  The Chair welcomed everyone to the meeting and asked Members and Officers to introduce themselves

To identify items which have been admitted to the agenda by the Chair for consideration.

(The special circumstances shall be specified in the minutes.)

  There were no late items

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-18 of the Members’ Code of Conduct.   Also to declare any other significant interests which the Member wishes to declare in the public interest, in accordance with paragraphs 19-20 of the Members’ Code of Conduct

  In accordance with paragraphs 19-20 of the Members Code of Conduct, the following declarations were made by Members who felt it was in the public interest to do so:

  Councillor Leadley – Position statement in respect of land at Bruntcliffe Road Morley LS27 through being the Chair of Morley Town Council Planning Committee.  Councillor Leadley made it clear that if the application had been for determination at the meeting, he would have withdrawn for this item (minute 46 refers)

  Councillor R Grahame – Pre-application presentation – Thorpe Park – through Councillor Grahame’s wife, Councillor P Grahame’s involvement in the scheme as a Ward Member (minute 48 refers)

To receive any apologies for absence.

  Apologies for absence were received from Councillor Macniven, Councillor G Latty, Councillor J Procter and Councillor Finnigan who were substituted for by Councillor Nash, Councillor Anderson, Councillor Wilkinson and Councillor Leadley respectively

To approve the minutes of the Plans Panel East meeting held on 12^th July 2012

(minutes attached)

  RESOLVED -  That the minutes of the Plans Panel East meeting held on 12^th July 2012 be approved, subject to the recording of  Councillor Campbell’s attendance at the meeting

Further to minute 13 of the Plans Panel East meeting held on 7^th June 2012, where Panel deferred deterimination of the application for further information, to consider a report of the Chief Planning Officer on the application for new access road and 33 houses with landscaping

(report attached)

  Further to minute 13 of the Plans Panel East meeting held on 7^th June 2012, where Panel deferred determination of an application for access and 33 houses with landscaping on land off Barrowby Lane LS25, for further information, Members considered a further report

  Plans, photographs and drawings were displayed at the meeting

  Officers presented the report and highlighted the issues raised at the meeting on 7^th June which related to drainage; highways and the siting of the affordable housing

  Members were informed that a meeting had taken place regarding drainage issues and that the developer had responded to local concerns and would now provide temporary drainage measures which would be secured by condition, prior to the final, approved drainage scheme being implemented

  In respect of Members’ concerns on highway issues and the number of traffic movements the development would generate, detailed information had been included in the submitted report with Officers satisfied that the transport assessment was robust and that the traffic impact of vehicles associated with the development was not considered to be significant

  Concerning the siting of the affordable housing, this had now been split into two groups, although these remained largely in one area of the site

  Receipt of a further letter of representation was reported

  Members commented on the following matters:

·  drainage details; the fact that since the last report, further local flooding had been experienced; the impact of heavy rainfall on storm drains leading to dispersal of foul water and that water butts could be provided to householders to help deal with a sudden rush of water

·  the possibility of changing the split of affordable housing and having 5 social rented properties and the need for the review of the affordable housing policy to be undertaken as quickly as possible

·  the requirement as part of the S106 Agreement to provide early delivery of housing on site; how this could be enforced and sanctions available if the developer did not adhere to this

·  the siting of the affordable housing and the view that the developers had carried out the bare minimum in terms of re-siting the affordable properties and that this could not be regarded as being pepper potted

The Head of Planning Services, Mr Sellens, informed the Panel

that the affordable housing policy was under review and would be considered by Executive Board later this year and whilst hearing Members’ suggestions about an appropriate level to be requested and the split, the policy could not be amended for this application

  Regarding early delivery of housing, Mr Sellens stated that this clause had been included to encourage developers to make more than a ‘technical’ start on site and to tie them into a delivery rate.  In the event that there was an impasse on the S106, then the next step would be to take the matter to the High Court, however, as this was costly and time-consuming, Officers were keen to work with developers to avoid this situation being reached

  Councillor Truswell  ...  view the full minutes text for item 44.

To consider a report of the Chief Planning Officer on an application for one 3 storey block of three ground floor retail units with 14 flats over and one 4 storey block of 43 flats to former public house

(report attached)

  Plans, photographs and drawings were displayed at the meeting

  The Head of Planning Services referred to the Officer’s recommendation in the report before Panel which was to refuse the mixed use scheme.   As further discussions were taking place with the applicant, it was requested that the report be withdrawn from the agenda to see whether the concerns about scale, the amount of car parking being proposed and the lack of greenspace in the scheme could be addressed

  RESOLVED -  That the report be withdrawn and that a further report be submitted in due course

To consider a report of the Chief Planning Officer on the current position in respect of an outline application for residential development]

(report attached)

  Plans, graphics and photographs were displayed at the meeting.  A Members site visit had taken place earlier in the day

  The Head of Planning Services presented the report which set out the current position in respect of an outline application for a residential development on a 7.81 hectare site at Bruntcliffe Road, Morley which was located adjacent to the M62; was mainly an allocated Phase 2 greenfield site but included part of an adjoining, unallocated, area of land previously proposed as a buffer zone between the site and the employment land beyond it

  As there were outstanding issues in relation to the proposals, Panel was asked to consider the key issues of highways safety; noise intrusion and compliance with the development plan

  Highways

• Members were informed that the Highways Agency had a

holding direction on the site until 31^st August 2012 -  although this could be extended – to enable consideration of the impact of cumulative development on Junction 27 of the M62, with a mitigation scheme having been drawn up, with the proposed development for this site likely to be required to make a contribution towards the works

• the traffic assessment submitted with the planning application was based on the provision of 200 homes although this number had now been revised to 168 homes.  The proposed access to the allocated site would be from Bruntcliffe Road and pedestrian access would be improved through the provision of widened footways, a pelican crossing and two additional pedestrian refuges on Bruntcliffe Road
• that the position of that part of the allocated housing site which was not coming forward at this stage (the Masonic Lodge land) would also need to be considered at this stage to ensure an acceptable access could be provided to the whole site

Noise intrusion

• To mitigate against the impact of noise from the adjacent M62, a revised layout had been provided which proposed less dwellings and the provision of a 40m strip of land adjacent to the motorway to act as a buffer.  Officers within the Council’s Environmental Protection Team were considering the revisions and the latest noise assessment submitted by the developer
• Members were informed that the developer considered that the issues relating to noise could be dealt with at Reserved Matters stage. However, the Head of Planning Services did not share this view and stressed to the Panel the importance of ensuring at this stage an acceptable living environment both within the houses and the gardens. This may well require additional noise mitigation measures e.g. a bund; planting and an acoustic fence

Compliance with the development plan

• Much of the site was a Phase 2 allocated greenfield site, and following the Executive Board decision after the Grimes Dyke appeal decision, acceptable in principle to release, part of the site included land which was unallocated in the UDP although this had been expected to form a buffer between the housing allocation and the adjacent employment land.  In the region of 40 dwellings were proposed on this  ...  view the full minutes text for item 46.

Further to minute 178 of the Plans Panel East meeting held on 23^rd February 2012 where Panel considered a position statement on the application, to consider a further report of the Chief Planning Officer providing an updated position statement on proposals for an Energy Recovery Facility (incineration of waste and energy generation), associated infrastructure and improvements to access and bridge

(report attached)

  Further to minute 178 of the Plans Panel East meeting held on 23^rd February 2012, where Panel considered a position statement on proposals for an Energy from Waste Facility (ERF) on the site of the former Skelton Grange Power Station, Members considered a further position statement.  Attending for this item were representatives from the Environment Agency, the body responsible for issuing permits for ERFs to provide information on the permitting process for the benefit of new Panel Members.  Also attending the meeting to provide technical advice to the presenting Officer on issues relating to minerals and waste, was Ms White, the Senior Minerals Planner, who was dealing with the Council’s own application for an ERF

  Before the report was presented, the Head of Planning Services referred to the information in the report provided about need, in response to questions raised by Members at the meeting in February 2012 and stated that the guidance in the National Planning Policy Framework suggested that need was not a material planning consideration

  Officers presented the report which related to proposals for an ERF taking in 300,000 tonnes of commercial and industrial waste per annum

  Plans, photographs, drawings, graphics and a sample of the proposed main cladding material were displayed at the meeting

  In the light of Members’ previous comments, the design of the building had been modified to include additional detail to the facades of the building and the redesigning of the office accommodation

  The bridge serving the facility would be strengthened but would remain single lane.  An improved footway/cycleway across the bridge would also be provided and the applicant had been asked to consider how pedestrian and cyclist access could be improved to and from the nearby Trans Pennine Trail

  The Panel then heard from Tim Shaw, a representative of the Environment Agency (EA) who outlined the permitting process and provided the following information:

• that in respect of incinerators, the EA needed to ensure that the facilities were built and run to meet the strict environmental standards
• that the EA was a consultee in the planning process but that it was for Councils to decide how waste should be managed
• in terms its Environmental Permitting role, it was not necessary for planning permission to be in place before the permit was granted but that the permit had to be granted before the ERF could operate
• that the EA would only grant a permit if it was demonstrated that the facility would run in compliance with the relevant UK and European legislation and would not cause significant pollution or harm to people’s health
• that the EA could require older facilities to retro-fit to ensure they were meeting best available technologies
• that receipt of an application for an ERF, once deemed to have been duly made, would be advertised and a period of public consultation on the proposals would commence.  If the application was considered to be controversial, drop-in sessions would be held for the public where further information on the  ...  view the full minutes text for item 47.

To consider a report of the Chief Planning Officer and a presentation in respect of the redevelopment of the balance of undeveloped land at Thorpe Park to provide 160,000 sqm of development comprising B1 offices, retail (including a single large formal supermarket), leisure uses (including hotels) and food and drink uses.  The laying out of the Manston Lane Link Road is also proposed as is the provision of a new public park

(report attached)

This is a pre-application presentation and no formal decision on the development will be taken, however it is an opportunity for Panel Members to ask questions, raise issues, seek clarification and comment on the proposals at this stage.  There is no opportunity for public speaking about the proposals outlined in the presentation

Prior to consideration of these pre-application proposals, Councillor Nash and Councillor Wilkinson left the meeting

  Plans, photographs and graphics were displayed at the meeting.  A Members site visit had taken place earlier in the day

  Officers presented the report which outlined pre-application proposals for the redevelopment of the remaining land at Thorpe Park Business Park, Junction 46 of the M1, in LS15

  Details of the residential planning permissions granted in the Crossgates/Manston area were provided with Members being informed that in the case of the former Optare site and the adjacent Threadneedle site, phasing conditions had been implemented to control the amount of development which could take place before the Manston Lane Link Road (MLLR) was required to be built

  Due to the strategic importance of the site locally and the city as a whole and the issues raised by the scheme, the proposals were being brought to Members at an early stage for comment, with East Leeds Regeneration Board and East Outer Area Committee also receiving a similar presentation and the opportunity for comment

  The Panel then received a presentation on behalf of the developers

  With reference to the consented scheme, Members were informed that this was a product of its time; the site was unwelcoming; lacked greenspace and amenities and facilities for the 4500 staff employed there.  To attract new occupiers this shortfall in amenities had to be addressed as higher standards of staff welfare were now expected from large employers

  The proposals were to create a sense of place; to create amenities; to stimulate demand and by doing so, to create 5500 – 6500 new job opportunities in a broader range than the predominantly professional jobs currently available on the site.  A key part of the proposals was the delivery of the MLLR

  As well as providing additional office accommodation, the site would also provide new retail opportunities, including food and drink uses together with a large – approximately 12,000 sqm - supermarket in one corner of the site which was considered to be the best location for this which would add to the offer on Thorpe Park and for local residents.  A landscape and visual impact assessment of the proposals had been carried out and a decision had been taken to reduce the floor level of the foodstore to minimise its visual impact

  A considerable amount of greenspace would be provided.  The amount of Brown Moor to be retained would be enhanced with a central area of parkland connecting to this.  The nearby Barrowby Woods would be respected in the scheme and good pedestrian links would be provided, including a new footbridge.  A new public park to be known as ‘Green Park’ would be created, with the possibility of an additional hotel on the site to add to the increased leisure and recreational uses being proposed

  Employment and training opportunities would be provided in the scheme and the creation of a successful Thorpe Park to the standard of a European Quality Business Park would  ...  view the full minutes text for item 48.

Thursday 6^th September 2012 at 1.30pm in the Civic Hall, Leeds

  Thursday 6^th September 2012 at 1.30pm in the Civic Hall, Leeds