Agenda and minutes

North and East Plans Panel - Thursday, 16th November, 2017 1.30 pm

Venue: Civic Hall, Leeds

Contact: Debbie Oldham  Email: debbie.oldham@leeds.gov.uk

Items
No. Item

Site Visits

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

Chairs comment

The Chair welcomed everyone to the meeting and introductions were made by the Panel.

 

The Chair reminded Members that applications should be considered with an open mind in accordance with the Council’s Constitution and protocol. He went on to say that Councillors once they cross the threshold into this room are no longer Elected Members of a particular party but members of North and East Plans Panel and that all of us including myself as Chair take that very seriously and approach things with an open mind and certainly no predestination on this Panel.

65.

Appeals Against Refusal of Inspection of Documents

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)

 

Minutes:

There were no appeals against refusal of documents.

66.

Exempt Information - Possible Exclusion of the Press and Public

 

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

 

2  To consider whether or not to accept the officers recommendation in respect of the above information.

 

3  If so, to formally pass the following resolution:-

 

  RESOLVED – That the press and public be excluded from the meeting during consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows:-

 

Minutes:

There were no exempt documents.

67.

Late Items

 

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

 

(The special circumstances shall be specified in the minutes)

 

Minutes:

There were no formal late items. However there was supplementary information in relation to Item 7 - 17/00307/FU Demolition of existing buildings, development of 241 dwellings and provision of open space, landscaping and drainage works at the former Stocks Blocks site, off Ninelands Lane, Garforth. This had been circulated to all Members prior to the meeting.

68.

Declarations of Disclosable Pecuniary Interests

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. 

Minutes:

No declarations of disclosable pecuniary interests were made. However Steve

Butler, Head of Development Management explained that he would not take part during discussions relating to item 9 of the agenda – 17/00307/FU – Land off Ninelands Lane, Garforth as he lived nearby.

69.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Stuart McKenna and Councillor Kevin Ritchie.

 

Councillor Mary Harland was at the meeting as a substitute for Councillor McKenna and Councillor Peter Gruen was at the meeting as substitute for Councillor Ritchie.

70.

Minutes pdf icon PDF 120 KB

Minutes:

The minutes of the meeting held on 19th October 2017 were approved as a correct record.

71.

17/00307/FU - Demolition of existing buildings, development of 241 dwellings and provision of open space, landscaping and drainage works Land Off Ninelands Lane Garforth, Leeds, LS25 pdf icon PDF 6 MB

The report of the Chief Planning Officer requests Members consideration for an application to demolition existing buildings, development of 241 dwellings and provision of open space, landscaping and drainage works at Land Off Ninelands Lane, Garforth, Leeds, LS25.

 

(Report attached)

Additional documents:

Minutes:

 

Further to minute 58 of the meeting held on 19th October 2017 the Chief Planning Officer submitting a report in respect of the demolition of existing buildings, development of 241dwellings and provision of open space, landscaping and drainage works at the former Stocks Blocks site, off Ninelands Lane, Garforth.

 

Further to minute 58 above the Head of Development Management left his seat and took no part in discussions on this item.

 

The application was previously deferred as the Panel had requested more information from Yorkshire Water in relation to the capacity of the drainage and sewage system and its ability to cope with the demands of the proposed development and for more information on flooding issues.

 

Yorkshire Water had supplied further information as requested which had been circulated to the Panel and published to the web site as supplementary information prior to the meeting.

 

It was noted that a resident of Hazel Mews had distributed his representation to Panel Members.

 

Cllr.S.McKenna who was unable to attend the meeting had written the following representation which was read out to the Plans Panel.

“Members I’ve still concerns over the drainage and flooding issues, at the last plans meeting I mentioned numerous times about the flooding in Ninelands Lane and Garforth in general. I’m still not convinced the developer is addressing the problems over the drainage for the proposed 241 dwellings. Panel Members know the issues regarding flooding in Garforth and I believe at the moment this could add to the problems if not taken seriously. I don’t believe any new information has come forward to convince me that this should be passed, we need to be convinced totally this site won’t flood or add to more flooding.”

 

Plans, maps and photographs were shown throughout the presentation.

 

Members’ attention was drawn to 1.3 of the submitted report which provided a table to show improvements in cumulative discharge rates, inclusive of both foul and surface water, during key events. It was also noted that the applicant had highlighted at 1.4 of the submitted report the benefits associated with the proposed drainage strategy.

 

The Panel were also shown diagrams on the proposed drainage system which would slowly release water into the drainage system.

 

The additional information provided by Yorkshire Water confirmed it’s no objection response remained. Yorkshire Water had confirmed that the originally suggested conditions 19 and 20 as detailed in Appendix A of the submitted report had not altered.

 

Yorkshire Water had provided additional information on the following points:-

·  Proposed foul water connection point;

·  Network connections/infrastructure beyond the site;

·  Existing network callouts/issues within the area;

·  Future Yorkshire Water proposals.

 

 

Members were asked to note the two additional conditions related to drainage as follows:

·  No. 25:  Water saving devices within the proposed development, so as to reduce water usage down to 105 litres per person per day.

·  No.26: Water butts (250 litres minimum per dwelling) to minimise use of mains water.

 

Members heard that the site as it is currently is some of the  ...  view the full minutes text for item 71.

72.

17/02203/FU - Two storey rear extension to form new studio flat and additional ground floor space (sui generis) First Floor And Second Floor, 55 Austhorpe Road, Cross Gates, Leeds, LS15 8EQ pdf icon PDF 580 KB

To consider the report of the Chief Planning Officer for an application for a two storey rear extension to form new studio flat and additional ground floor space (sui generis) First Floor and Second Floor  at 55 Austhorpe Road, Cross Gates, Leeds, LS15 8EQ

 

(Report attached)

Minutes:

The report of the Chief Planning Officer requested Members to consider an application for a two storey rear extension to form new studio flat and extension to ground floor loan shop (sui generis) at 55 Austhorpe Road, Leeds, LS15 8EQ.

 

The application had been brought to Plans Panel for determination as the proposal had generated some concern locally and Highways Officers had not supported the proposal.

 

Members were informed that the application related to the first and second floors of 55 Austhorpe Road, a detached red brick property with commercial premises to the ground floor and residential to the upper two floors. It was noted that first and second floors were located within the roof space.

 

Members heard that the property was located on the corner of Austhorpe Road and Church Lane with parking to two sides and access from both roads. The character of the area is both commercial and residential with flats above shops.

 

Maps photographs and diagrams were shown at the meeting.

 

Members were informed that the new extension was to be built in the same materials as the shop front. It was noted that the proposed flat complied with the space standards.

 

Members were informed that the location of the access point from the current parking area when leaving the car park was restricted. The proposal was for a new wider access point more centrally positioned onto Austhorpe Road. It was noted that a revised layout of the parking area had been submitted. The revised proposal would reduce the number of parking spaces from 14 to 10 with 6 of the spaces being reserved for the upper floor flats. Planning Officers were of the view that this was acceptable in planning terms.

 

Members heard that Highways officers did not support the proposals as they were of the view that the revised plan constituted an over-development of the site and that a reduction in off-street parking would not be in the interests of highways safety. It would also put additional pressure on parking in the town centre. Members were also informed that Highways Officers had concerns about the proposed new wider access point onto Austhorpe Road due to its proximity of the junction with Church Lane.

 

Members heard that comments had been received from Cllr. Peter Gruen and were read out at the meeting:-

1.  “I have no objection to the principle as the Centre needs to remain vibrant, diverse and competitive, flexible and agile. This application is right at the edge, however as long as the new residential units are space and amenity compliant, I do not object;

2.  Concerned the Highways comments have been brushed aside by planning colleagues. Objections are a relative rarity and should therefore be given considerable weight. 2 Issues – a deterioration in proper parking spaces and there usability –road safety issues at the access.

It begs the question whether the site is being used too intensively at the expense of more and better parking spaces?

The report alludes to the  ...  view the full minutes text for item 72.

73.

17/04886/FU - Replacement dwelling with garage and associated landscaping 5 Wensley Drive, Chapel Allerton, Leeds, LS7 3QP pdf icon PDF 1 MB

To receive the report of the Chief Planning Officer for an application for a replacement dwelling with garage and associated landscaping at 5 Wensley Drive, Chapel Allerton, Leeds, LS7 3QP.

 

(Report attached)

Minutes:

The report of the Chief Planning Officer set out an application for a replacement dwelling with garage and associated landscaping at 5 Wensley Drive, Chapel Allerton Leeds LS7 3QP.

 

The Panel had visited the site earlier in the day. Members were made aware that the objector at number 7 Wensley Drive had written to request that the application was heard at the Plans Panel, as the objector would not be able to attend the Panel meeting to voice her concerns.

 

The objector had raised a number of concerns with regards to the scheme, these were similar to those that had been highlighted within the submitted report. In addition to those concerns the objector states that the Panel report did not adequately address the concerns that were originally raised.

 

Members’ attention was drawn to 10.9 of the submitted report noting that the distance between numbers 7 and 5 was 5 metres which was considered as acceptable in planning terms. It was also noted that the difference in ground levels with number 7 being set higher than the application would not have a negative impact upon the internal living conditions of number 7 by way of over-shadowing or dominance. Members heard that there may be some impact on the patio area of number 7 however, the impact of light to this area differs throughout the year and the view changes. It was noted that there is no inherent right to view and this would be insufficient impact to refuse the application.

 

Members heard that there was 3.8 metres beyond the wall at 2 story level and 2 metres at single storey level. It was the officers’ view that the plans had been misinterpreted that an area of decking had been thought to be part of the building.

 

It was noted that the proposed build would not impact on the trees on the site.

 

Members were advised of additional conditions of obscure glazing to side window and of removal of permitted development rights for extension and outbuildings.

 

Members heard that concerns had been raised that the building was more designed as a House in Multiple Occupation (HMO). It was noted the Panel could not take into consideration on future build.

 

Cllr Wilkinson was disappointed that a bungalow was to be demolished and requested that it be checked that the obscure glazed window would not be able to open.

 

RESOLVED - To grant permission as set out in the submitted report with the following additional conditions:-

1.  Obscure glaze side window

2.  Removal of permitted development rights for extension and outbuildings.

74.

17/03445/FU - Change of use of house (use class C3) to a house in multiple occupation (use class C4), 20 Reginald Mount, Leeds, LS7 3HN pdf icon PDF 426 KB

To consider the report of the Chief Planning Officer for an application for change of use of house (use class C3) to a house in multiple occupation (use class C4) 20 Reginald Mount, Leeds, LS7 3HN.

 

(Report attached)

 

Minutes:

The report of the Chief Planning Officer set out an application for change of use of house (use class C3) to a house in multiple occupation (use class C4) at 20 Reginald Mount, Leeds,LS7 3HN.

 

This application was presented to Plan Panel at the request of Ward Councillors Jane Dowson, Mohammed Rafique and Eileen Taylor who had raised concerns on high concentration of HMOs, parking and that HMOs could undermine the balance and health of communities.

 

Members had visited the site earlier in the day, maps, plans and photographs were shown at the meeting including a map of known HMOs in the area.

 

It was noted that there was a number of HMOs in the area but it was less than 3%.

 

Members noted that the property was of traditional Victorian terrace house which looked small but projected out towards the rear. The proposed layout was similar to that already used as the current house.

 

RESOLVED - To grant permission as set out in the submitted report.

 

75.

17/04161/FU - Two storey detached outbuilding to rear 2A Allerton Park, Chapel Allerton, Leeds, LS7 4ND pdf icon PDF 796 KB

To consider the report of the Chief Planning Officer on an application for a two storey detached outbuilding to rear at 2A Allerton Park, Chapel Allerton, Leeds LS7 4ND.

 

(Report attached)

Minutes:

The report of the Chief Planning Officer requested consideration on an application for a two storey detached outbuilding to the rear of 2A Allerton Park, Chapel Allerton, Leeds LS7 4ND.

 

Panel Members had visited the site earlier in the day. Plans and photographs were shown throughout the presentation.

 

Members were informed that the application site was a subdivision of a larger site of number 2 Allerton Park.

 

Members heard that the applicant was looking to build a summer house to the rear of the property which would be reached by a decked walkway from the main house.

 

Concerns had been raised that the new building may be used as a separate property for residential use. Members were reminded that should this be so at a future date this would be subject to a further planning application.

 

Concerns had also been raised in relation to the impact on trees and the modern design of the building. Members were advised that there would be minimal construction and a condition was specified for tree protection, replacement and landscaping. It was noted that although the building design was not conventional it would not be visible to public view.

 

Members were informed that the building proposed a mezzanine floor and this was to be conditioned to prevent the mezzanine floor coming to the end of the building.

 

Members were made aware of an objection received from the occupants of 18a Allerton Park which is located to the rear of the site. Their concerns related to:

·  The panel report failing to make reference to the distance the outbuilding would be located from 18a Allerton Park.

·  The rear elevation window directly overlooks number 18a. The panel report suggests the trees which are present near the boundary would screen views out from the window. The objector highlights that trees cannot be used for this reason as they have a limited life span and loose leaves in winter.

·  Number 18a is significantly lower ground to the garden level of 2a and 2 Allerton Park. Therefore the proposed structure would appear as a 3 storey in height.

 

Members were advised the measurements had been checked are were 10 metres from the boundary and 19 metres from the property itself. Trees used as screening are tied in the distance, it was the officers’ view that impact would be minimal.

 

Mr Bull occupant of 2 Allerton Park attended the meeting and explained to the Panel that in his opinion there were inaccuracies in the drawings relating to the boundary with his garage and 2 silver birch trees instead of 3 shown and the structure is shown in various position on various plans.

 

Mr Bull said that he had spoken with Cllr. Rafique on 4th November and he had said that the proposed building was too big and overbearing.

 

Mr Bull said that Conservation officers had raised concerns.

 

Mr Bull informed Members that there had been 14 local objections with non in support of the application.

 

Mr Bull said that he had 3  ...  view the full minutes text for item 75.

76.

Date and Time of Next Meeting

To note the next meeting of the North and East Plans Panel will be Thursday 21st December 2017 at 1:30pm at the Civic Hall.

Minutes:

To note the next meeting of the North and East Plans Panel will be on Thursday 21st December 2017 at 1:30pm