Agenda and minutes

The site visits earlier in the day were attended by Councillors Walshaw, Grahame, Jenkins, Ritchie, Wenham, Collins and Seary.

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)

The were no appeals against refusal of inspection of documents.

There were no exempt items.

With the Chairs permission a late item was added to the agenda in relation to application 18/06182/FU proposal for construction of 52 dwellings on vacant land; removal of plot 99 and substitution of house types to plots 98 and 100 of adjacent development at land off Kennett Lane, Garforth, Leeds, LS25.

Minute 119 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. 

No declarations of disclosable pecuniary interest were made.

Apologies for absence were received from Cllrs M Dobson and G Wilkinson.

Cllr. P Wadsworth was in attendance at the meeting for Cllr. Wilkinson.

The Chair asked that the best wishes of the Panel be sent to Cllr. Wilkinson.

To confirm as a correct record the minutes of the meeting held on 11^th April 2019.

RESOLVED – That the minutes of the meeting held on 11^th April 2019, be approved as a correct record with the following amendments:

·  Minute 102 – 18/05022/FU – Demolition of existing livery buildings and erection 9 no. residential dwellings – Wood Farm, Wetherby Road, Scarcroft, Leeds, LS14 3HN. Page 5 - The current boundary of leylandii trees would be removed. However significant planting was proposed with native species.

·  Minute 103 – 18/06367/FU & 18/06/06368/LI – Alterations to boundary wall, the creation of access, and the construction of 1 replacement vicarage and 6 dwellings with associated hard and soft landscaping – 86 High Street, Boston Spa, LS23 6EA – Page 9 – 5^th paragraph The Chair offered her sympathy to Boston Spa Parish Council supporting the building of smaller houses; and

·  RESOLVED –

o  (i) Members resolved not to accept the Chief Planning Officer recommendation to grant planning permission and listed building consent and that both applications should be refused.

o  (ii) That the determination of the application(s) be deferred to allow the Chief Planning Officer to prepare and bring back detailed reasons for refusal based on the following for Members to consider;

1.  Highway safety – cumulative impact on the local network arising from this and other developments

2.  Harm to character and appearance of the conservation area

3.  That the development does not provide an appropriate mix of housing and in particular smaller units

To consider the report of the Chief Planning Officer on an application for 26 dwellings with access road, hard standings and landscaping at land off Walton Road, Walton, Wetherby

(Report attached)

The Chief Planning Officer submitted a report which set out an application for 26 dwellings with access road, hard standings and landscaping at land off Walton Road, Walton, Wetherby.

Members had visited the site earlier in the day, photographs and plans were shown throughout the presentation.

Members were informed of the following points:

·  An outline application had been presented to Panel in 2017, and Members resolved to grant planning permission. The formal decision notice has not been issued as the associated legal agreement is still under discussion;

·  Homes England own this site and had gone into partnership with Chartford Homes for this site;

·  This site forms part of a wider piece of land owned by Homes England which wraps around the application site;

·  This scheme is on the boundary of the SAP which is due to be adopted in July 2019;

·  The development is for 26 dwellings with a single access point – this application includes 3 extra dwellings from that previous presented in outline;

·  The proposed dwellings are consistent with space standards H9 and meet accessibility policy;

·  The dwellings do fall short on the requirement set out in the Core Strategy in respect of carbon emissions. However, the proposal will achieve an improvement over and above the requirements set out in Building Regulations. It was a suggestion that this could be dealt with under a condition;

·  The site is classed as white land;

·  Proposed dwellings are 2 storey houses of brick and render build with tiled roofs;

·  Provision of affordable housing to be the 2 bed units;

·  This development meets local plan for density.

Cllr. Lamb who had requested that the application be brought to Panel for determination attended the meeting and informed the Members of the following:

·  He had been in support of the proposal for 23 dwellings however he was frustrated by the revised plan and was of the view that the 2 sites owned by Homes England would have been better if there had been a master plan for both sites;

·  The extra 3 houses caused concerns in relation to parking. Section 7 of the submitted report indicated that the driveways were not long enough and this may cause an issue with refuse collection and visitor parking;

·  He supported the housing mix in this scheme;

·  He was of the opinion that the loss of trees was unnecessary;

·  The previous scheme had indicated a play area and equipment whereas the revised scheme did not;

·  He would like to see sustainable properties;

·  He was of the view that the original scheme had been better.

Members were advised that parking provision had now been addressed in relation to the driveways.

K Broadbank on behalf of the applicant attended the meeting and advised the Panel of the following:

·  The driveways had been lengthened and widened providing at least 2 parking spaces per dwelling;

·  The previous scheme had a resolution to grant planning permission;

·  There would be no loss of important trees as there was provision for planting;

·  No knowledge  ...  view the full minutes text for item 114.

Members are requested to consider the report of the Chief Planning Officer which sets out the reasons for refusal of an application heard at the 11^th April 2019, North and East Plans Panel, for alterations to boundary wall, the creation of access and the construction of 1 replacement vicarage and 6 dwellings with associated hard and soft landscaping at 86 High Street, Boston Spa, Wetherby, LS23 6EA.

(Report attached)

The report of the Chief Planning Officer set out suggested reasons for refusal for Members consideration.

This planning application and applications for listed building consent were considered at the North and East Plans Panel on 11^th April 2019. Both applications carried a recommendation for approval. Members resolved not to accept the officer recommendations for approval and that each application should be refused. Minute 103 refers.

Members were advised that Cllr. Anderson had emailed to suggest that the wording for the resolution did not accurately reflect the Panel resolution in respect of minute 103. Members heard his suggested wording and the suggested wording of the Group Manager and it was the agreement of the Panel that the following accurately reflected the resolution of the Panel in respect of Minute 103

(i)  Members resolved not to accept the Chief Planning Officer recommendation to grant planning permission and listed building consent and that both applications should be refused.

(ii)  That determination of the applications(s) be deferred to allow the Chief Planning Officer to prepare and bring back detailed reasons for refusal based on the following for Members to consider: with the rest of the resolution to remain the same

The minutes of the meeting held on 11^th April 2019, were amended to reflect the change.

Members were also advised of 3 more representations which had been received in respect of this application with the following comments made:

·  Officers not to overturn the resolution

·  Officer report was biased

Members were informed of the following points:

·  This site is unallocated in the SAP;

·  The Constitution sets out that reasons for refusal should be presented to the Panel and that it is appropriate for officers to provide advice on the implications of refusal;

·  The role of officers is to offer impartial advice, to look at all the issues in relation to policy etc;

·  A refusal on grounds relating to highway safety and housing mix would be difficult to substantiate at appeal and therefore the council would be at risk of costs award against at. Officer would be confident of being able to present a case at appeal for reasons relating to harm to heritage interest in light of Historic England;

·  This type of report is usually presented as a confidential report. However, it was the view that it may look as though the Panel had gone behind closed doors and therefore the report is presented to Panel as open;

·  Since publishing the agenda the applicant has offered in principle a revised scheme with amendments proposed as;

o  Change the design of the scheme remove Plot 1 and replace with 2 units 1 unit a 2 bed property the 2^nd unit a 3 bed property;

o  A financial contribution to Boston Spa Highways traffic management fund

·  Statutory consultation would be required should new proposals be the preferred option.

Members discussed the following:

·  Housing mix;

·  Highways issues;

·  How much weight is given to Neighbourhood Plan and how information is provided to members in reports;

·  Lack  ...  view the full minutes text for item 115.

The report of the Chief Planning Officer requests Members consideration on an application for alterations including raised roof height to form habitable rooms; two storey part first floor side/rear extension at 22 Park Lane Mews, Shadwell, Leeds, LS17 8SN.

(Report attached)

Consideration of the application was deferred due to a procedural error in making the report publically available prior to Panel.

To receive the report of the Chief Planning Officer requesting consideration of an application for change of use from single dwelling house (C3) to small HMO (C4) at 20 Roundhay Mount, Chapeltown, Leeds, LS8 4DW.

(Report attached)

The report of the Chief Planning Officer set out an application for the change of use from single dwelling house (C3) to small HMO (C4) at 20 Roundhay Mount, Chapeltown, Leeds, LS8 4DW.

Members had attended a site visit earlier in the day. Photographs and plans were shown throughout the presentation.

Members were informed of the following points:

·  The plans showed the scheme would be set over 4 floors with six bedrooms, one communal living space, two kitchens and three toilets/ washrooms;

·  Additional roof lights are proposed, which will provide a source of outlook and sunlight for the bedrooms in the roof space;

·  There are HMO’s spread throughout the locality. Ward Councillors had objected due to the density of HMO’s in this location. However, concentration of MHO’s is within the guidelines of policy H6 and improves choice of housing within this area;

·  The HMO will be located close to amenities;

·  The area has mainly family type homes;

·  There are no issues in  relation to noise;

·  There are no issues in relation to highways.

In response to Members questions the Panel were informed of the following points:

·  There is a lack of off street parking, however this in light of the current use of the long standing use of the property it was not considered to be used as a reason to refuse the application;

·  There and been no accidents recorded in this location over the past 5 years;

·  The number of people living at the HMO would be controlled through the HMO licence and was reliant on the public should an issue arise;

·  There was no proposed separate fire exits. It was noted that this was not a matter for planning and that this was governed through Building Regulations.

It was noted that during the site visit Members had raised concerns in relation to the work taking place. Members were advised that their concerns would be passed to Building Control and/or the Compliance Team.

Members requested that officers suggest to the applicant that the step leading to the basement be lowered.

RESOLVED – That planning permission be granted in accordance with the officer recommendation.

Members requested that Planning Compliance officers visit the site during the ongoing building to check compliance with the approved plans.

Members also requested that officers speak to the applicant about reducing the depth of the bottom step to the basement.

To consider the report of the Chief Planning Officer on an application for the change of use, including formation of lightwell, from residential property (C3) to a House in Multiple Occupation (C4), 63 East Park Parade, Richmond Hill, Leeds 9.

(Report attached)

The submitted report of the Chief Planning Officer set out an application for the change of use, including formation of lightwell, from residential property (C3) to a house in multiple occupation (C4), 63 East Park Parade, Richmond Hill, Leeds 9.

Members had visited the site earlier in the day. Photographs and plans were shown during the presentation.

Members were advised of some changes in the report:

·  Amend Condition 3 wording to delete the word ‘basement’

·  Paragraph 2.3 correction – Living and communal space is on the ground floor not in the basement.

Members were informed of the following points:

·  The proposal reinstates the original windows in the basement;

·  Railings to be added to the stairway at the side of the property

·  Glazed door to basement to increase light in the bedroom in the basement;

·  All bedrooms will be en-suite;

·  The 2 attic beds to become one room

·  Representations had been received from Ward Councillors due to the concentration of HMO’s in the area;

·  5 letters of objection had been received from the public.

The Panel were advised that checks had been made to the numbers of HMO’s in the area. However, it was deemed that there was not a high concentration of HMO’s in this location.

Members were informed that there is specification on the type of locks and windows to be used.

RESOLVED – To grant planning permission in accordance with officer recommendation.

Members agreed the following amendment to the terms of permission:

Amend Condition 3 wording – delete the word ‘basement’

The report of the Chief Planning Officer set out the putative reasons to contest an appeal that had been made against non-determination of the planning application, for the construction of 52 dwellings on vacant land off Kennett Lane, Garforth, LS25.

Members were informed that the main reasons related to the application being premature, loss of green space, non-agreement of S106 and legacy of coal mining in the area.

Members noted that the 6 week deadline started from 16^th May 2019.

Members were shown plans and photographs throughout the presentation.

Members were advised that the public Inquiry will be November 2019.

RESOLVED – Members agreed that the Council should contest the appeal for the reasons set out in the report.

At the conclusion of the meeting Cllr. Ritchie thanked Cllr. Walshaw for his role as Chair on North and East Plans Panel saying that he had enjoyed Plans Panel and thanked Cllr. Walshaw for his support.

The Members of North and East showed their appreciation with a round of applause.

Next meeting of North and East Plans Panel is scheduled to take place on Thursday 20^th June 2019, at 1.30pm.

The next meeting of North and East Plans Panel will be on Thursday 20^th June 2019 at 1:30pm.