Agenda and minutes

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct. 

There were no declarations.

To confirm as a correct record, the minutes of the meeting held on 22 November 2018.

RESOLVED – That the minutes of the meeting held on 22 November 2018 be confirmed as a correct record subject to the following amendment:

Minute no 41 – Application 18/00251/FU – Land at Snittles Farm, Gelderd Road, Leeds. Sixth bullet point to read as follows:

·  The scheme had been devised to minimise noise disturbance from the motorway and the layout of properties had been designed to reflect this.

To receive and consider the attached report of the Chief Planning Officer regarding an application for 59 dwellings (use Class C3) and public open space (partial traffic regulation orders to Swallow Crescent)

The report of the Chief Planning Officer presented an application for 59 dwellings (use Class C3) and public open space (partial traffic regulation orders to Swallow Crescent) at the former Wortley High School, Swallow Crescent, Wortley, Leeds.

Members visited the site prior to the meeting.

It was reported that the applicant had requested that consideration of the application to be deferred to allow for further negotiation regarding the Section 106 package as there had been changes to the building costs and purchase price of the site since the application had been submitted.  It was further noted that there had been issues following the site visit that could be discussed with the applicant.

Concern was expressed that the request had been made at this stage and it should be expected that the application be policy compliant with regards to the Section 106 package.

Members were asked to consider the request for deferral.

RESOLVED – That the application be deferred to allow for further discussion with the applicant regarding the Section 106 package.

To receive and consider the attached report of the Chief Planning Officer regarding the construction of a mixed use retail led development comprising retail (Use Classes A1, A2, A3 and A5), Leisure (Use Class D2), non-residential institutions (Use Class D1) and bookmakers (sui generis) with associated access, parking and landscaping.

The report of the Chief Planning Officer presented an application for the construction of a mixed use retail led development comprising retail (use classes A1, A2, A3 and A5), leisure use (use class D2), non-residential institutions (use class D1) and bookmakers (sui generis) with associated access, parking and landscaping at the former site of the Benyon Centre, Ring Road, Middleton, Leeds.

The application had been considered by Panel at the meeting held in October 2018 when it had been deferred to allow for revision to the design of the units and for improved links to Middleton centre.  Panel Members visited the site prior to that meeting.

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

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

·  Further representations had been received both in support and objecting to the application.

·  Officers were still of the view that the principle of the application was not acceptable as reported at the October meeting due to the adverse impact on Middleton Town centre.

·  With regards to the design of the application there had been amendments to break up the massing with a reduced use of cladding and increased use of glazing.  There had been significant amendments to the proposed A1 retail (B&M) building. The design for A1 (Lidl) remained unchanged.

·  The applicant had not felt it was possible to make improvements to pedestrian links.

·  It was recommended that the application be refused due to the impact on Middleton Town Centre and the loss of employment and housing land.

The applicant’s representative addressed the Panel.  He highlighted the following in support of the application:

·  Following the Panel’s previous considerations, the scheme had been amended to include more brick and glazing style finishes.  This would create a more high street style shopping area.

·  Occupiers had been firmed up for vacant units.

·  Objections submitted on behalf of Asda had been made to protect their commercial interests.

·  The proposals would only have a minimal impact on Middleton centre.

·  The current B&M building in Middleton centre was no longer fit for purpose.

·  Loss of housing land – the Planning Inspectorate had indicated that the Council could lower their housing need.

·  The proposals were supported by local Ward Councillors and the majority of local residents.

·  The scheme would create up to 140 jobs and local employment during construction.  It would also generate £700k of Community Infrastructure Levy payments as well as £400k in business rates.

·  More shops would encourage more people to Middleton Town Centre.

Objectors to the application addressed the Panel.  Issues highlighted included the following:

·  The application should rightly be refused in line with policy as there would be a 40% impact on Middleton Town Centre.

·  Traders in Middleton Town Centre had objected to the application.

·  There was no guarantee that the existing B&M site would be re-used.

·  There was no evidence to show that employment and housing could be provided on the site.

·  Increase in traffic would cause congestion  ...  view the full minutes text for item 47.

To receive and consider the attached report of the Chief Planning Officer regarding an application for 87 dwellings with associated access and public open space.

The report of the Chief Planning Officer presented an application for 87 dwellings with associated access and public open space on land at Snittles Farm, Gelderd Road, Leeds.

The application had been deferred following the previous Panel meeting to allow for the following:

·  Addition of informative referring to locks on doors to confirm to Part ‘Q’ of building regulations.

·  Addition of noise monitoring condition to ensure that post construction and prior to first occupation Noise levels within and to exterior of properties are as referred to in the Noise assessment.

·  Negotiate enlargement of A6 house types to ensure 1.2sqm larger to comply with Space standards.

·  Negotiate ‘Pepper Potting’ of affordable housing.

·  Negotiate amendment to affordable house types to be more representative of all house types on estate.

·  Negotiate guidance compliant garden sizes on A6 house types.

Panel Members visited the site prior to the meeting in November.  Site plans and photographs were displayed and referred to throughout the discussion of the application.

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

·  Further representations received since the last meeting.

·  The layout of the dwellings had been revised with pepper potting of the affordable housing units.

·  There would be 5 more 3 bedroom affordable housing units.

·  Garden areas had been increased on the A6 house types and so had the footprint to meet space standards.

·  The target level of 55dB was not met in 10 garden areas although this was at a negligible level.  Mitigation measures included acoustic fencing and positioning of houses.

·  There had not been any objections to diversions of footpaths.

·  The application was recommended for approval subject to conditions outlined in the report.

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

·  The condition regarding noise would be tested post completion.  If noise levels were higher than projected then occupation of the properties would be prevented until further mitigation had been provided.  It was further reported that noise projections were likely to have been over estimated and for there to be a significant difference then the amount of traffic on the motorway would have to double.

·  There had not been any concern with regard to air pollution.  Air quality assessments had been carried out across the site.

·  Members discussed the possibility of extending the proposed acoustic fencing to provide a barrier tyo properties at plot 36 and plots 65-67.

RESOLVED - That the application be approved in accordance with the officer recommendation, conditions as outlined in the report and with the addition of a condition to:-

·  ensure the acoustic barrier to the North of the site is extended to the North to provide added protection to plot 36 and to the South to provide protection to plots  65-67.

Thursday, 17 January 2019 at 1.30 p.m.

Thursday, 17 January 2109 at 1.30 p.m.