Agenda and draft minutes

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-18 of the Members’ Code of Conduct.  Also to declare any other significant interests which the Member wishes to declare in the public interest, in accordance with paragraphs 19-20 of the Members’ Code of Conduct.

Councillors P Truswell and J Harper declared interests on Agenda Item 11, Application 10/04404/FU – Junction of Moorhouse and Old Lane, Beeston and Agenda Item 12, Application 11/04306/OT – Site of Asda Store, Old Lane Beeston due to their membership of the Co-operative Society.

Minutes of the meeting held on 11 October 2012

RESOLVED – That the minutes of the meeting held on 11 October 2012 be confirmed as a correct record.

Application 12/03260/FU – Former Prestige Car Sales Centre, 2 Town Street, Stanningley

It was reported that discussion was ongoing with the applicant and a report would be brought to a future meeting of the South and West Plans Panel.

To receive and consider the attached report of the Chief Planning Officer regarding an application for a refrigerated chiller extension with car parking area and landscaping.

The report of the Chief Planning Officer introduced an application for a refrigerated chiller extension with car parking and landscaping at Low Green Farm, 40 Leeds Road, Rawdon.

It was reported that representations had been made by Ward Members and had requested that the item be deferred for a site visit.

RESOLVED – That the item be deferred to allow for a site visit.

To receive and consider the attached report of the Chief Planning Officer regarding an application for the change of use of a former children’s home to 7 bed house in multiple occupation.

The report of the Chief Planning Officer brought back the application for the change of use of a former children’s home to a 7 bed house in multiple occupation (HMO) at 35 Claremont Drive, Leeds.  The application had been previously considered at the Plans Panel (West) in September 2012 and South And West Plans Panel in October 2012 when Members had requested a further report setting out reasons for refusal based upon their concerns.

Further issues highlighted in relation to the application included the following:

• Previous permission granted at the property was for the purpose of the National Children’s Home only and should they cease to own the property then the use would revert back to  Class C3 Dwelling House.
• Since the October meeting, the applicant had engaged the services of a Planning QC and the Panel were made aware of his comments.
• When the application was previously considered, it was not known that the property was currently occupied.  Should the Panel resolve to refuse the permission, subsequent enforcement action would be necessary.

Further to Members comments and questions, the following issues were discussed:

• Concern that the Panel was not been given a clear enough direction on reasons for refusal.  Members sought further legal advice on reasons for refusal and were asked to consider whether the property could be brought back into use as a family home and whether grounds for refusal would be strong enough to support any potential enforcement action.
• Reference to previous representations made by local residents and that this could be considered as grounds towards enforcement action.
• The property was very large at 7 bedrooms to be brought back into family accommodation – it was reported that it was previously converted into flats that would suit family accommodation.  Further to this it was commented that even if it was converted back to two flats there was likely to be around the same number of occupants as if it was a HMO.

RESOLVED – That the application be refused as per the officer recommendation outlined in the report.

To receive and consider the attached report of the Chief Planning Officer regarding an outline application for residential development and retail store.

The report of the Chief Planning Officer introduced an outline application for a residential development and retail store at Victoria Road, Headingley.

The application was withdrawn prior to the meeting.

To receive and consider the attached report of the Chief Planning Officer regarding an application for a part three storey part four storey block of 18 cluster flats (112 rooms), retail store at ground floor, associated parking and landscaping.

The report of the Chief Planning Officer brought back an application for a part three storey part four storey block of 18 cluster flats (112 rooms), retail store at ground floor, associated parking and landscaping at land at Woodhouse Street, Woodhouse, Leeds which was considered at the meeting of South and West Plans Panel held in October 2012.

Members were reminded of their reasons for the previous refusal of this application and these were outlined in the report.  It was reported that there had been further discussions with the applicant who was exploring a revised scheme and intended to engage Ward Members and the Panel  to present a revised scheme for a pre-application presentation in the near future.

RESOLVED – That the application be refused as per the officer recommendation outlined in the report.

To receive and consider the attached report of the Chief Planning Officer regarding an application for the erection of a retail store with car parking and landscaping

The report of the Chief Planning Officer introduced an application for the erection of a retail store with car parking and landscaping at the junction of Moorhouse Avenue and Old Lane, Beeston.

Prior to the consideration of this item, Members were reminded of the subsequent application on the agenda which was also for a retail store at an adjacent location.  An emphasis was made on the need to consider each application individually and it was reported that both applications had been recommended for refusal on retail policy grounds.

Members had attended a site visit prior to the meeting and site plans and photographs were displayed.

Further issues highlighted in relation to the application included the following:

• The application had been submitted to Plans Panel (East) in September 2012 with a recommendation for approval.  Prior to that meeting, the application was withdrawn following objections for the applicant of the adjacent site.
• Further letters of support and objection that had been received.
• The applicant had stated that there were no alternative preferable sites in the locality.
• The proposed development would be a single storey building that was commensurate with the height of nearby residential properties.
• Existing access to the site would be used with pedestrian access off Old Lane.
• TPO trees would be retained.
• All other matters, including design were considered to be acceptable.
• It was acknowledged that there were concerns regarding Dewsbury Road Town Centre and the applicant had been asked top consider alternative locations.

The applicant’s representative addressed the hearing.  The following issues were highlighted:

• The application had been well supported locally as a result of public consultation.
• There would be highway improvements.
• The proposal would increase local employment opportunities and increase shopping choice in South Leeds.
• The proposals would see the redevelopment of a derelict site.
• In response to a Members question, it was reported that approximately 75% of staff employed would come form the immediate local area.
• There had been a full retail impact assessment and it was not felt that the proposals would have a significant impact on any other areas.

Further to the applicants representations, it was reported that there was a difference of opinion between officers and the applicant with regards to the sequential test issue and the Council’s retail consultant was asked to address the meeting.  He raised the following issues:

• Dewsbury Road Town Centre had not delivered full shopping facilities as expected and appropriate sites for development should be considered.
• This proposal would reduce the commercial prospect of other operations on Dewsbury Road.
• Reference to policy and strategy and the use of town centres.

In response to Members comments and questions, the following issues were discussed:

• Dewsbury Road Town Centre was identified in the UDP over 6 years ago and had still not been developed – it was felt that this policy may influence too heavily and could other ways of developing Dewsbury Road Town Centre be found.
• The proposal would improve the area and create jobs.
• If members were minded to  ...  view the full minutes text for item 24.

To receive and consider the attached report of the Chief Planning Officer regarding an application to demolish existing buildings and erect a retail foodstore (Class A1), with car parking, landscaping and access.

The report of the Chief Planning Officer introduced an outline application for the demolition of existing buildings and erection of a retail foodstore (Class A1), with car parking, landscaping and access at the site of the existing Asda store, Old Lane, Beeston.

Members had attended a site visit prior to the meeting and site plans and photographs were displayed.

Further issues highlighted in relation to the application included the following:

• Further information form the applicant and letters of support had been received.
• An alternative site on the Dewsbury Road Town Centre had not been identified.
• There was an extant permission to expand the current premises.
• Existing access to the site would be used and improved.
• TPO trees would be retained.
• There were no concerns in relation to siting, layout, highways or design.

The applicants representative addressed the meeting.  The following issues were highlighted:

• The proposals represented a significant investment in Leeds and would provide up to 140 jobs in a deprived area.
• The current store did not meet the needs of customers.
• A 1,000 signature petition had been received in favour of the proposals.
• Work carried out by Asda in the local community.
• A representative of a local primary school also spoke in support of the application and referred to the community life programme carried out with Asda and how they would benefit further from the proposed scheme.

In response to Members comments and questions, the following issues were discussed:

• Asda employed over 5,000 staff across Leeds and approximately 80% were from within a 2 mile radius of where they were based.
• The unused buildings to the rear of the currents store would be demolished.
• Comments regarding Dewsbury Road Town Centre as discussed on the previous application were reiterated and Members were asked to consider the impact should this and the previous application be approved.

RESOLVED – That the officer recommendation for refusal be not accepted and the application be deferred for further negotiation.

To receive and consider the attached report of the Chief Planning Officer regarding an application for a 3G football pitch including changing facilities, eight lighting columns and fencing

The report of the Chief Planning Officer introduced an application for an all weather grass football pitch including changing facilities, eight lighting columns and fencing at Cockburn High School, Gipsy Lane, Beeston.

Members were shown photographs and plans of the site.

Further issues highlighted in relation to the application included the following:

• Sport England had withdrawn their objections and were happy to support the scheme.
• The Council’s conservation team were now satisfied that the lighting would be acceptable in relation to bats that nested in the area.
• A further letter of objection had been received from a local archery club.
• The site was within the grounds of the current Cockburn High School playing fields.
• The pitch would be surrounded by 3 metre high fencing and there would be 8 15 metre high lighting columns.
• The location of the pitch had been moved to take it further away from residential properties.
• The all weather pitch would improve PE provision at the school as the current pitches often became waterlogged and unusable.
• The views of local residents were not considered detrimental to the application and it was recommended for approval.

A local resident addressed the meeting with concerns.  These included the following:

• Concern of noise and light pollution.
• Potential for vandalism and anti-social behaviour.
• Increased traffic and noise from traffic.
• Potential for lighting being left on late at night.

A representative of the school addressed the meeting.  He highlighted the following issues:

• The facility would enhance sporting facilities at the school and support the curriculum.
• It would provide opportunity for sports other than football including hockey, handball and a permanent tennis area.
• Approximately 80% of usage would be by the school.
• The scheme had been revised following meetings with local residents.
• There had been no objections from the police or highways.

In response to Members comments and questions, the following issues were discussed:

• The site would be fully secured and there would not be open access.  Staff would be on duty at all times and the lighting would only be used until 9.00 p.m.
• The facility would be 80 metres from the nearest residential properties.

RESOLVED – That the application be approved as outlined in the report and subject to the following conditions:

• The turf pitch and changing rooms to be constructed in accordance with Sport England’s Technical Guidance.
• Submission of community use scheme for approval prior to first use.
• Bat roost survey to be carried out May to September 2013.
• Bat commuting/foraging survey to be carried out May to September 2013.
• Submission and approval of facilities management plan and implementation prior to first use of pitches.  To include management of car parks, turning off of lights, security and management of general access to the facilities.

To receive and consider the attached report of the Chief Planning Officer regarding an application for the demolition of a church, laying out of access and erect 14 dwellings

The report of the Chief Planning Officer introduced an application for the demolition of a church building, laying out of access and erection of 14 dwellings at the Church of the Nativity, Westerton Road and Waterwood Close, West Ardsley.

Members were shown photographs and plans of the site.

Further issues highlighted in relation to the application included the following:

• It was proposed to erect 14 two storey dwellings on the site.
• Distances between the proposed and existing dwellings met guidelines.
• Impact on highways – the proposals conformed to highways guidance.  There would be improvements to footpaths.
• Impact on local schools – this had been discussed with Ward Members and the scheme was below the threshold for Section 106 contributions to education.

In response to Members comments and questions, the following issues were discussed:

• Concern regarding the impact on schools and poor public transport issues.
• There had been contact from the local MP on behalf of local residents asking that the cumulative impact be considered.
• Concern that the proposals and impact of other nearby developments wouldn’t comply with sustainability guidelines within the National Planning Policy Framework.

RESOLVED – That the application be approved as per the officer recommendation and conditions outlined in the report.

To receive and consider the attached report of the Chief Planning Officer regarding an application for the change of use of a vacant warehouse to a private hire taxi booking office with car parking and installation of radio mast.

The report of the Chief Planning Officer introduced an a0pplication for the change of use of a vacant warehouse to a private hire taxi booking office with car parking and installation of radio mast at Hunger Hill, Morley.

Further issues highlighted in relation to the application included the following:

• The application had had previously been granted on a temporary basis.
• In the two years of temporary operation there had only been one complaint and that was not substantiated.
• There were no residential properties on Hunger Hill.
• There had been previous concerns regarding access.  There had been no accidents at the site and highways felt the proposals to be acceptable.
• There would be improvements to the road surface and parking area which would reduce vehicular noise.

RESOLVED – That the application be approved as per the officer recommendation and conditions outlined in the report.

Thursday, 6 December 2012 at 1.30 p.m.