Agenda and minutes

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 formal late items.

However, supplementary information had been circulated to Members prior to the meeting in relation to agenda item 9 – 17/00655/OT – Outline application for residential development of up to 140 dwellings, public open space, flood alleviation measures, landscaping, new access from A58 and pedestrian / cycle access from The Drive at land at Wetherby Road, Bardsey, Leeds.

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. 

No declarations of disclosable pecuniary interests made.

However, declarations of other interest were made by the following Councillors:-

·  Councillor John Procter informed the meeting that he lived in Bardsey. In relation to Item 7 – Outline application for residential development of up to 140 new homes, public open space, flood alleviation measures, landscaping, new access from 58 Wetherby Road and pedestrian/ cycle access from The Drive, and land at Wetherby Road Bardsey, Leeds LS17. He said that this would not affect his ability to consider the application with an open mind

·  Councillor Ron Grahame informed the meeting that his wife Councillor Pauleen Grahame was the local ward member for Crossgates and Whinmoor in relation to Item 10 – Demolition of existing buildings and structures, ground remediation and earthworks for future site redevelopment radial Park Manston Lane, Manston, Leeds LS15 8ST. He said that this would not affect his ability to consider the application with an open mind.

Apologies for absence were received from Councillors M Harland.  Councillor. B Selby attended the meeting as substitute for Councillor Harland.

It was noted that Councillor S McKenna had informed the Chair he would be arriving late.

To approve the minutes of the meeting held on 22^nd March 2018 as a correct record.

RESOLVED – That the minutes of the meeting held on 22^nd March 2018, be recorded as a correct record.

The Chair noted that the meeting would be the last for the following Members who were retiring from the Council:-

·  Cllr. B Cleasby

·  Cllr, S McKenna

·  Cllr. J Procter

·  Cllr. B Selby

The report of the Chief Planning Officer outlines an application for residential development of up to 140 new homes, public open space, flood alleviation measures, landscaping, new access from A58 Wetherby Road and pedestrian / cycle access from The Drive. Land at Wetherby Road, Bardsey, Leeds, LS17.

(Report attached)

The report of the Chief Planning Officer presented an outline application for residential development of up to 140 dwellings, public open space, flood alleviation measures, landscaping, new access from A58 and pedestrian/cycle access from The Drive at land at Wetherby Road, Bardsey, Leeds.

Members were informed the proposal was for a residential development of up to 140 dwellings on an area of land designated as Green Belt. The applicant’s (the Bramham Park Estate and Sandby (Bardsey) Ltd) case was based upon very special circumstances which relate to the refurbishment and restoration of a number of important heritage assets, including a significant number of Grade 1, Grade1* and Grade 2 listed buildings.

The Panel was advised of the following points:-

·  Case put forward for special circumstances for the heritage benefits

·  The site had been to Panel in November 2016 when Members had undertaken a site visit;

·  The house and gardens were of local and national importance;

·  There was a disrepair deficit of £10.7m.

·  The Bramham Estate host a number of events including Bramham Horse Trials, Leeds Festival and has been used on a number of occasions for filming;

·  All money generated through Capital receipts would be used for urgent repairs;

·  The application is within the Green Belt

·  Application site is not within the Site Allocation Plan (SAP)

·  Site located between The Drive and First Avenue

·  Lower part of the site is located within flood risk land

·  Located within the conservation area of East Keswick and Bardsey cum Rigton;

·  Application had been submitted in outline with all matters reserved apart from access;

·  35% of the 140 proposed dwellings would be affordable housing;

·  Section 106 agreement would provide 100% of the proceeds from the development would be used for the refurbishment of the heritage sites of the house and garden on the Bramham Estate;

·   An independent viability assessment had been provided which agreed with the conclusions of the officers;

·  509 letters of objection had been received;

·  Speed limit signs on the A58 would be relocated as part of the access proposals; and

·  The Biggin a house located on the site was capable of conversion to flats. It was noted to be economically viable and that if money was input to this it could generate an income in its own right for the longevity of the estate.

Members were shown photographs and plans throughout the presentation.

Members were reminded of paragraph 14 of the NPPF which was read out at the meeting and set at paragraph 10.7 of the submitted report.

Members were further advised of the following:-

·  The three reasons for refusal;

·  Correction to paragraph 10.155 bullet point V: The harm ascribed to the issue of accessibility is ‘significant’ and not ‘limited’.

·  A late representation from a local resident who was unable to attend the meeting that supported the Bardsey Parish Council objection and that the development must not proceed.

Nick Lane-Fox, the applicant and Adam Key from Savills were in attendance at the meeting and informed the Plans Panel of the following  ...  view the full minutes text for item 127.

The report of the Chief Planning Officer sets out an application to demolish existing buildings; construction of six apartments with associated access, Landscaping and car parking at5 7 Wakefield Road, Garforth, Leeds, LS25 1AN.

(Report attached)

Further to minute number 105 the Panel considered a further report from the Chief Planning Officer on the demolition of existing buildings and construction of six apartments with associated access, landscaping and car parking at 7 Wakefield Road, Garforth.

At the 22^nd February 2018 Plans Panel North and East meeting Members resolved to defer consideration of the application to seek amendments to the layout of the proposed flats so that they all accord with the emerging Minimum Space Standards (Policy H9 of the Core Strategy Selective Review, February 2018)

It was noted that Panel Members had been content with the principle of the development, the design of the development, parking provision and raised no objections to the drainage / flooding aspect of the proposal. It had been agreed at the meeting that the application should be brought back to the Panel for determination.

Members were advised of the amendments made to the proposal which were set out in the submitted report.

Members noted that the internal floorspaces of each of the proposed flats now complied with the emerging Minimum Space Standards. The increases to the internal space had resulted in an enlargement of the external dimensions of the building but, as proposed, the increases in these dimensions were not considered to have altered the previous assessments made in regard to the proposal’s impact on visual amenity and residential amenity.

It was also noted that in response to Members comments at the previous meeting alterations had also been made to the siting of the bin storage and parking arrangements.

Councillor Mark Dobson attended the meeting and spoke against the recommendations for the following reasons:-

·  Density of the site

·  Close proximity to the busy junction

·  Flood alleviation and impact on the nearby flood zone

·  Impact on sewage in the area

Members noted that 15 and 7 of Cyprus Grove located to the rear of the proposed development flood regularly.

Members were advised that a condition had been proposed in relation to construction traffic and that conditions could be added in respect of the provision of permeable hardstanding and the provision of oil interceptors.

RESOLVED – To grant permission subject to the specified conditions set out within the officer report for Plans Panel North and East 22^nd February 2018, Appendix 1 of the submitted report and subject to the addition of conditions in respect of the provision of permeable hardstanding and the provision of oil interceptors.

The report of the Chief Planning Officer set out an application for a residential development comprising of 27 No. Apartments and 15 No. Dwelling Houses at former pub Rathmell Road, Halton, Leeds, LS15 0NZ.

(Report Attached)

Further to minute number 47 the Plans Panel considered a further report of the Chief Planning Officer of a planning application for a residential development comprising of 27 flats and 15 houses with parking and greenspace at the former public house site, Rathmell Road, Halton.

The proposal had previously been brought to Plans Panel on 14^th September 2017. The application had been considered on the basis it would meet its full affordable housing and greenspace requirements and formal planning permission was granted on 30^th November 2017 following completion of the S106 agreement.

Members were informed that since the permission was granted, it had come to light an error with the original Viability Appraisal was made which had significant implications in terms of the scheme’s ability to reasonably deliver the S106 obligations as currently signed up to.

The Panel heard that the error relates to the failure to include the communal areas associated with the flat blocks.

It was noted there are 3 blocks of flats within the development so the original costs assessed were significantly below (by £389,536) what they should have been. In addition, further information had been obtained regarding the site preparation works which had pushed up the costs relative to the original estimates.

The submitted report outlined the revised viability case relating to the original permission and for Members to consider if they were willing to agree the proposed Deed of Variation to the original S106 agreement.

The Panel noted that the proposed Deed of Variation did not form part of a formal planning application so was not subject to publicity, Ward Members had been advised of the revised situation in January 2018, but had not offered any comments either in support or against the proposal. It was also noted that no neighbour representations had been received at the application stage.

The Panel were informed that the Viability Appraisal concluded the development would not generate sufficient profit to be able to deliver the Council’s normal policy ask in respect of affordable housing and greenspace contributions.

Officers were of the opinion the proposed Deed of Variation could be supported as it would help delivery of the scheme which would promote a number of positive regeneration benefits.

Members discussed who was at fault and why and how the error had occurred.

Members were still of the view that the proposal to develop the site for housing was a good one. However, Members did not want to miss the opportunity to secure affordable housing in this location.

The Chair moved a proposal for higher density on the site that would allow for the site to be viable and policy compliant for affordable houses to be built.

The Plans Panel considered the proposal, at the conclusion of the discussions it was moved to defer consideration to allow for further negotiations in respect of an alternative scheme that provides for affordable housing.

RESOLVED – To defer for further negotiations to increase the density of the development to facilitate the  ...  view the full minutes text for item 129.

The Chair paid tribute to those Members of the Plans Panel who would be stepping down at the forthcoming elections on 3^rd May 2018.

The Chair thanked Councillors Brian Cleasby, Stuart McKenna, John Procter and Brian Selby for their work and contributions on North and East Plans Panel.

Each of the Councillors stepping down gave a brief speech in relation to their time on Plans Panel and that they had learnt a lot and enjoyed the process.

The Chair wished them well for the future.

The report of the Chief Planning Officer asks Members to consider an application for the demolition of existing buildings and structures, ground remediation and earthworks for future site redevelopment at Radial Park Manston Lane, Manston, Leeds, LS15 8ST.

(Report attached)

The submitted report of the Chief Planning Officer set out an application for the demolition of existing buildings and structures, ground remediation and earthworks for future site redevelopment at, Radial Park, Manston Lane, Manston, LS15 8ST.

The land was an allocated phase 1 housing site (HG2-120) within emerging Site Allocations Plan and permission with an identified capacity of 450 units.  It was expected that a planning application for residential development would be submitted in early summer.

Works to clear and remediate the site were previously granted planning permission in May 2016 (14/02521/FU) and this included the prior extraction of coal. Permission was granted, subject to conditions, including that no development take place until the Manston Lane Link Road (MLLR) had been constructed and was operational for public use.

It was noted that this was formally the Vickers Tank Site.

Photographs and plans were shown throughout the presentation.

Members were advised of the following points:-

·  That the revised remediation strategy no longer proposed the prior extraction of coal and permission was now sought to commence the initial stages of the development demolition, site clearance, and initial earthworks prior to the opening of the MLLR.

·  There would be some loss of trees across the site, however trees would remain along the railway line.

·  23 letters of objection had been received. The representations referred to the noise levels, dust levels, traffic, harm and impact on the area.

·  Noise attenuation structures in the form of fencing were to be erected.

·  MLLR was due to open in Autumn 2018.

·  Traffic levels would be monitored prior to the opening and use of the MLLR. Safe-guards were to be adopted should the traffic levels rise above those predicted and work would be stopped.

Mr Eamon Judge was in attendance at the meeting and spoke against the recommendations.

Mr Judge spoke at length about the impact of additional traffic specifically HGV’s on the local highway network in particular on the Crossgates town centre required for the removal of demolition material and the import of raw materials to allow the grouting. Mr Judge highlighted the fact that the previous permission had included a condition to prevent the commencement of works until the MLLR opened and that there was also a condition that vehicles over three tonnes should only enter or depart the site via the MLLR.

Phil Brook on behalf of the applicant and John Booth, Highways Consultant attended the meeting.

Mr Brook and Mr Booth reiterated the points set out in the submitted report on processes proposed to mitigate the impact on residents.

In response to Members questions it was noted that if permission was granted that mobilisation could start on the site towards the end of May 2018. Stage 3 which would include the grouting process would start mid-October 2018 when the MLLR is anticipated to be opened allowing traffic to enter and depart via the MLLR towards the East avoiding the sensitive routes in Crossgates.

Members were advised of Conditions 4 and 17 set out  ...  view the full minutes text for item 130.

It was noted that there were no plans for any further meetings of the North and East Plans Panel planned during the remainder of the current municipal year.