Agenda and minutes

A Member site visit was held in connection with the following proposals: Application No.17/00017/FU - Change of use and alterations of financial and professional services (A2) to form non-residential institution (D1) at 31 Avenue Crescent, Leeds, LS8 4HD and Application No.17/01922/FU - Single storey side extension at Pine Chase, Skye Lane, Scarcroft, Leeds, LS14 3JA and was attended by the following Councillors: E Nash, K Richie and N Walshaw.

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 the refusal of inspection of documents.

There were no items identified where it was considered necessary to exclude the press or public from the meeting due to the nature of the business to be considered.

There were no late items of business, however, the Chair did accept the inclusion of supplementary information in respect of Agenda Item No.8 Land at Spofforth Hill, Wetherby (Application No. 17/02543/COND) – Minute No. 32 refers

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 any disclosable pecuniary interests made at the meeting.

Apologies for absence were received from Councillors: S Hamilton and S McKenna

Councillor P Gruen was in attendance as a substitute.

To approve the minutes of the meeting held on 13^th July 2017.

RESOLVED – That the minutes of the previous meeting held on 13^th July 2017 were accepted as a true and correct record.

On a point of information, Councillor Cleasby informed Panel that his birthday was on 15^th July and not 14^th July as referred to in the minutes.

To receive the report of the Chief Planning Officer on an application for change of use of ground floor from Doctors surgery/Pharmacy to Public Bar, two storey rear extension; beer garden area; external alterations including new doors and windows, condenser and extraction equipment to roof; new fencing and parking to rear at 39 Austhorpe Road, Cross Gates, LS15 8BA.

(Report attached)

With reference to the meeting of 15^th June and 13^th July 2017 and the decision to defer consideration of the application to enable officers to assess submitted information in respect of on-site parking, refuse, delivery arrangements and to allow sufficient time for both officers and the public to comment on the revised noise related information.

The Presenting Officer now submitted a further report which provided the latest submissions from the applicant, the latest comments from Highways Officers and Environmental Health officers and representations from Ward Members, Cross Gates Residents Watch Group and also other local residents/ third parties

The Chief Planning Officer read out a statement from Councillor P Grahame reiterating her general position as referred to in paragraph 6.2 of the submitted report and that resident’s concerns had been fully articulated to officers so as to achieve the revisions that had been made.

It was also reported that a further 16 letters of objection, which raised no new issues, had been received, 1 further letter of support, referring to issues previously made, had also been received. It was further reported that the Dental Practice had read the Panel report and were pleased officers and the applicant had addressed some of the issues of concern, however, reservations were expressed about the impact of noise and potential

Anti-social behaviour for patients and staff

Members noted the revised plans were now acceptable to Highways officers and the previously recommended reasons for refusal were no longer applicable. Environmental Health officers had considered the revised/ additional noise assessment and had raise no objections, subject to the imposition of appropriate conditions.

The Panel received representation from Mr E Judge and Mr K Furness, representing Crossgates Watch who were objecting to the proposal. Mr Judge informed Panel that the information contained in the noise assessment survey was inaccurate and could not be relied on. There was also other potential noise issues from activities taking place in the beer garden and also from patrons making their way home. The proposed service arrangements, deliveries, may be potentially dangerous to pedestrians. In certain places Austhorpe Road would be reduced from a width of 6m to 4.5m. Parking in the vicinity would also be difficult. Concern was also expressed about the proposed fire escape plans, suggesting they were inadequate for 550 customers, staff and staff from the Dental Practice, garden furniture and the 3m high fence would also contribute to fire safety issues.

Questioned about the accuracy of the noise assessment survey, Mr Furness suggested the readings of the survey were compromised by the noise of a motorbike in the area at the time the readings were taken.

Referring to the inadequacy of the fire escape routes, the Chief Planning Officer said it was not for the planning system to second guess other regulations.

The Panel also heard from Mr J Pyper, the applicant’s representative and

Mr S Naylor, a local resident, who both spoke in support of the application.

Mr Pyper informed Panel that the proposed development  ...  view the full minutes text for item 32.

To consider the report of the Chief Planning Officer in relation to the location of pelican crossing for consent, agreement or approval required by conditions 6, 8, 20, 24 and 36 of Planning Application 13/03051/OT at Spofforth Hill, Wetherby.

(Report attached)

The Chief Planning Officer submitted a report regarding the location of a pelican crossing under application reference 17/02534/COND (Consent agreement or approval required by conditions 6, 8, 20, 4 and 36 of Planning Application 13/03051/OT) at Spofforth Hill, Wetherby.

An addendum report providing legal clarification was circulated at the meeting as supplementary information.

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

The Presenting Officer explained that in granting planning approval (Application No. 13/03051/OT) there was a provision for the addition of a pelican crossing to Spofforth Hill as part of the off-site highway mitigation works (Condition 20(b)). It was reported that when the Council granted reserved matters approval under application reference 15/07291/RM it was resolved that a Community Liaison Forum (CLF) should be established to consider the technical details of the pelican crossing.

The Presenting Officer reported that the Community Liaison Forum had met on three occasions but had been unable to agree on the precise location of the pelican crossing. It was the view of Officers that in the absence of an agreed location the matter be referred back to the Panel for further consideration.

One Member suggested there was a lack of willingness by the developer to engage with the CLF to bring the issue to conclusion and that it was entirely appropriate for other options to have been considered and in this case discounted.

In drawing the discussion to a conclusion the Chair said the provision of a pelican crossing had already been agreed at the outline stage and legal clarification had been provided in respect of the technical details.

RESOLVED –

(i)  To note the legal position in relation to the location of the crossing as set out in the addendum report.

(ii)  To defer and delegate approval of the technical details of the crossing to the Chief Planning Officer under condition 20(b) of planning permission reference 13/03051/OT, if having considered the matter agreement of the Consultative Liaison Forum cannot be reached

(iii)  That the Chair on behalf of the Plans Panel be authorised to write to the applicant, Bellway Home Limited, reminding them of their  obligation to the Consultative Liaison Forum and the importance of positively engaging with and responding to issues that are raised

To consider the report of the Chief Planning Officer on an application for a single storey side extension at Pine Chase, Syke Lane, Scarcroft, LS14 3JA.

(Report attached)

The Chief Planning Officer submitted a report which sets out details of an application for a prosed single storey side extension at Pine Chase, Syke Lane, Scarcroft, Leeds, LS14 3JA

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

The Presenting Officer addressed the Panel, speaking in detail about the proposal and highlighted the following:

·  The application proposes a single storey extension; 4.65 metres in projection from the western elevation of the dwelling, 12.05 metres in width with a sloping roof 2.3 metres to the eaves, and measuring 2.544 metres to the ridge. The extension would essentially take the form of a lean to conservatory that would serve the ground floor games room and lounge.

·  The application related to a detached property located within the designated Green Belt and Special Landscape Area at the corner of the junction of Syke Lane with Blackmoor Lane in Scarcroft.

·  The existing property was a two storey stone built and slate roofed dwelling, of simple symmetrical form and design and set within mature gardens.

·  The application dwelling sits almost centrally within the curtilage atop an approximately 9 courses high stone slab. The house sits within verdant surroundings with expansive lawns surrounding the property and boundaries being defined by mature trees to the northern, eastern and western edges of the site. A stone wall interspersed with fencing defines the southern site boundary. Beyond the northern boundary are the mature gardens of a larger scale dwelling ‘Bracken Park Lodge’ and dwellings on Fern Way are situated opposite on the southern side of Syke Lane. To the west is Moor Allerton Golf Club.

The Presenting Officer reported that the application was being brought before Panel following concerns raised by a Ward Councillor that the house had not been rebuilt, and had instead been previously altered and extended, and was of the view that the extension cumulatively with earlier extensions would be disproportionate and therefore inappropriate development

In response to Members questions, the following were discussed:

·  Clarification was sought as to whether the original property had been totally demolished

Responding, Officers confirmed that original property had not been totally demolished (it was not raised to the ground). It was reported that the current building was on the same footprint of the old dwelling with the applicant advising that in order to produce efficiencies in build cost (and by virtue of its good condition) the existing slab foundation was reused. It was also pointed out that some of the external walls and potentially the chimneys survived from the earlier dwelling. However, notwithstanding this, and irrespective of precisely how the current construction was arrived at, in view of the above considerations and the planning history it was considered that in substance and form the house was a new replacement dwelling.

Officers had expressed the view that the recommendation to approve was consistent with Planning Inspectors’ decisions in relation to appeals considering proposals for the extension of replacement dwellings, it thereby represented a new chapter  ...  view the full minutes text for item 34.

To consider the report of the Chief Planning Officer on an application for the change of use and alterations of financial and professional services (A2) to form non-residential institution (D1) at 31 Avenue Crescent, Chapeltown,  LS8 4HD.

(Report attached)

The Chief Planning Officer submitted a report which sets out details of an application for the change of use and alterations of financial and professional services (A2) to form non-residential institution (D1) at 31 Avenue Crescent, Chapeltown, Leeds, LS8 4HD

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

The Presenting Officer addressed the Panel, speaking in detail about the proposal and highlighted the following:

·  The application proposed the change of use and alterations from financial and professional services (A2) to form non-residential institution (D1).

·  The property was proposed to be used by the Greek Orthodox Church as a Greek School. The school offered education on the Greek language and culture as well as the Greek Orthodox Christian religion.

·  The only external alteration was to the rear elevation (ground floor only) which would be the conversion of a window to a door and a door to a window. Otherwise, the overall external appearance would not be altered by this proposal and would retain the appearance of a dwelling.

·  The application related to an existing end terraced property which was located on the junction of Avenue Crescent and Hilton Place. To the north of the site are garages and to the south of the site the property faces the garages of properties that front Harehills Avenue.

·  The terrace of properties continues to the west and a row of terraced properties exist on the opposite side of Hilton Place facing the application site.

·  The site was also located in close proximity to the existing Greek Orthodox Church (to which this proposal relates), which is to the south west on the opposite side of Avenue Crescent.

·  The existing property is constructed from brick with a two storey white render bay windows and the roof type is gabled with rooms in the roofspace. The property has a single storey side extension and a lean-to at the rear.

·  At present the classes are carried out in portable buildings which are adjacent to the grade II listed building (Greek Orthodox Church). There is a Compliance case currently ongoing which relates to the portable buildings. The temporary consent expired on 3rd June 2017. This proposal seeks to replace the school function of those portable buildings and so ensure their removal.

The Panel received representation from Mr K Withall who was speaking against the proposal. Mr Withall informed Panel that there was a negative effect on the residential amenity of homes in the area. The proposal removed a property from residential use in a residential area, affecting the character of the area. There were numerous community buildings in this area and the level of noise and disruption day and night was already unacceptable. It was suggested that the proposed use was too excessive, the school would operate six days per week, including some evenings and with a church service taking place on Sundays. Mr Withall suggested that no consultation had taken place with local residents. Pavement parking was an issue  ...  view the full minutes text for item 35.

To note the date of the next North and East Plans Panel meeting will be on Thursday 14^th September 2017 at 1:30pm in Civic Hall.

RESOLVED – To note that the next meeting will take place on Thursday 14^th September 2017 at 1.30pm in the Civic Hall, Leeds.