Agenda and minutes

Councillors: Walshaw; R Grahame; Nash; Hamilton; Ritchie; and, Wilkinson attended the site visits earlier in the day.

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

There were no appeals against refusal of inspection of documents.

There were no exempt items.

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 13-16 of the Members’ Code of Conduct. 

There were no declarations of disclosable pecuniary interests. However, Cllr. R Grahame asked that it be noted that items 8 and 9 sat in the Cross Gates ward where his wife Cllr. P Grahame was a Ward Member.

Apologies for absence were received from Cllrs. C Dobson and J Procter.  Cllr. Nash attended the meeting as substitute for Cllr. Dobson.

To receive the minutes of the meeting held on 5^th January 2017, and approve as a correct record.

The Chair reported the receipt of comments in respect of minute 111 from members of the public present at the last meeting, a suggested amendment to that minute was circulated for consideration by Members. Having had a discussion on the matter it was

RESOLVED – That the minutes of the meeting held on 5th January 2017 be approved as a correct record subject to the following amendments.

a)  That the Members who attended the site visit be included in the 

minutes.

b)  That minute 111 be amended to include the following paragraph;

“Ms McQuire said that the report of the Chief Planning Officer omitted to include the concern that there are inaccuracies around the frontage measurements, and they would exceed the core strategy percentages of 30% non-retail on this parade.”

To consider the report of the Chief Planning Officer on an application for a two storey detached house with attached garage at 17 Manor Park, Scarcroft, Leeds, LS14 3BW.

(Report attached)

The report of the Chief Planning Officer sought permission to construct an additional dwelling on the site which will be located within the side garden of no. 17 Manor Park, Scarcroft.

The application was brought to Panel by Cllr. R Procter who considered that the proposal would give rise to concerns affecting more that the neighbouring properties and in particular, raised issues of highway safety and harm the character of the area.

A site visit had taken place earlier in the day. Plans and photographs of the site and proposals were shown at the meeting.

Members were informed that there was an approved application to demolish the current dwelling on the site and to construct a one detached dwelling. A previous application to construct two detached dwellings on this site had been withdrawn. It was noted that offices supported the principle of 2 dwellings on this site.

It was noted that the properties on Manor Park and along Hellwood Road were varied in terms their scale, architecture and materials. Their builds were of brick, render and stone.

The current application proposed a new dwelling of two storey form to sit within the side garden on the existing dwelling between properties 17 and 21. It was to be accessed off the private drive known as Manor Park conifers in front would be removed for the access.

It was noted that the rear of the property backed on to green belt.

The proposed dwelling would be screened from number 21 by conifers along the boundary. The dwelling would be of stone build with a slate roof so that it would fit into the character of the area. The dwelling would be of same height therefore not over dominating properties on either side.

It had been suggested that pedestrian and highway safety would be an issue. However, Members noted that the road already provided access to 19 dwellings and the addition of one more property would not have a significant impact on highway safety. Members were shown photographs of visibility from Hellwood Road leading on to A58 that was considered acceptable..

It was noted that a similar application in Bardsey where access had been an issue with the road being faster substandard access and visibility had been granted.

Members noted a comment at 6.3 of the submitted report that the parish council had objected to the build as it would be of brick and would not fit with the character of the area. However, it was the view that this had been misinterpreted as the dwelling was to be constructed in stone.

Members had raised concerns on the environmental impact of the area as it was noted that there was deer in the area. However, they were informed of perimeter treatment of a wall at the rear of the property.

Members also raised concerns that a majority of the properties in the area had stone tiled roofs and that slate would be out of character. Members suggested that good imitation stone  ...  view the full minutes text for item 119.

To consider the report of the Chief Planning Officer on an application for change of use at ground floor from bank (A2) to hot food takeaway (A5), with new shop front and extract flue to rear at 28 Austhorpe Road, Crossgates, Leeds, LS15 8DX.

(Report attached)

The report of the Chief Planning Officer proposed a change of use at ground floor from Bank (A2) to hot food takeaway (A5), with new shop front and extraction flue to the rear at 28 Austhorpe Road, Leeds.

The application was brought to Plans Panel by Councillor P Gruen on the grounds of highway safety, impact on residential amenity and proliferation of hot food takeaways which would give rise to concerns affecting more than neighbouring properties.

Members were shown plans and photographs at the meeting. The red line boundary and access arrangements to the rear were clarified at the meeting.

Members were informed that currently there was no specific occupier identified for the ground floor property.

Members were shown the location of the extraction flue on the plans submitted.

Additional comments made by Councillor P Gruen were considered in relation to the number of hot food takeaways in the area and the need for a cumulative impact assessment to which the community and businesses could contribute. It was noted that a cumulative impact assess for the area was due to go to Development Plans Panel in March. He also expressed concerns in relation to the maintenance of a clean, tidy, rubbish free area externally to the shop and reasonable opening hours so that residents do not suffer from late noise and inconvenience. He requested that the Panel properly conditioned, with, if necessary, enforcement action following in a timely manner.

It was noted that a third party had raised concerns in relation to rear access. However, this had been clarified earlier in the meeting.

Members also noted the following:

·  That deliveries could take place to the rear of the property

·  That only 3 customer delivery vehicles (motorbikes/scooters) to be on site at any one time

·  That the use of roller shutters would be submitted to planning prior to approval

·  That there were no highways safety issues

Professor Judge of Cross Gates Watch spoke at the meeting against the recommendation informing Members that a lot of information had been omitted from the officer’s report. He informed the Panel that the owner had said that he would not allow access across his land to the rear.

Professor Judge was of the view that the design of the takeaway was poor and may even be illegal with the siting of the toilet opening onto the food preparation area.

He had concerns in relation to the closing time of 23:30 hours as he believed that this time conflicted with the World Health Organisation recommendations in relation to sleep patterns. He suggested that 22:00 hours would be a more acceptable closing time.

Professor Judge also requested that Members note the following points:

·  That there was no adequate parking for customers or staff

·  That there was no specific area for deliveries

·  That there was a 24 hour taxi firm next door

·  That Crossgates had 20 hot food takeaways within a half mile of this location with only one fruit and vegetable store.

·  That neighbouring businesses had not  ...  view the full minutes text for item 120.

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  ...  view the full minutes text for item 121.

The next meeting of the North and East Plans Panel will be Thursday 9^th March 2017 at 1:30pm.

The next meeting of the North and East Plans Panel will be Thursday 9^th March 2017 at 1:30pm.