Agenda and minutes

Councillors Campbell, Taylor, Garvani, Bithell, Bromley, L Buckley and Rontree attended the site visit earlier in the day. Councillor Andrew Carter attended the site visit for 23/06663/FU – Former Hough Side High School Site, Hough Top, Swinnow, LS13.

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.

There were no exempt items.

There were no formal late items.

To disclose or draw attention to any interests in accordance with Leeds City Council’s ‘Councillor Code of Conduct’.

Councillor Andrew Carter raised an interest in relation to Agenda Item 12 – VG218 – Sunnybank Lane, Recreation Ground, Thornbury, Bradford, BD3 7DG, in that he has supported Sunnybank residents in putting the application forward. He therefore recused himself from consideration of this item and did not take part in discussions.

Apologies for absence were received on behalf of Councillor T Smith. Councillor Andrew Carter attended the meeting as a substitute.

To receive and consider the attached minutes of the previous meeting held Thursday, 11^th January 2024.

RESOLVED – That the minutes of the previous meeting held Thursday, 11^th January 2024, be approved as an accurate record.

Matters Arising - 23/05968/S106 - Former Airedale Mills, Moss Bridge Works, Town Street, Rodley, Leeds, LS13 1HP.It was confirmed that members previously raised concern regarding variations that may be put forward after planning permission being granted, it was noted that such variations will be brought back to Panel for consideration by Panel Members.

To receive and consider the attached report of the Chief Planning Officer regarding an application for permission for a change of use from a single family dwellinghouse (Use Class C3) into a Residential Care Home (Use Class C2) and the erection of a fence above the existing boundary wall at 28 Lingwell Avenue, Middleton, Leeds, LS10 3SU.

The report of the Chief Planning Officer presented an application for the permission of a change of use from single family dwellinghouse (Use Class C3) into a residential care home (Use Class C2) and the erection of a fence above the existing boundary wall at 28 Lingwell Avenue, Middleton, Leeds, LS10 3SU.

Photographs and slides were shown throughout the officer presentation, and the following information was provided:

·  The applicant seeks permission for a change of use from a single family dwellinghouse (C3) to a Residential Care Home for children with special and learning disabilities between the ages of 8-17 years old (C2).

·  The accommodation will provide support to 2 children who will be receiving care and will be a place of work for 3-4 members of staff, who will be providing care for children residing there.

·  The applicant has proposed construction of a 1.8m close board timber fence behind the existing boundary wall and vegetation.

·  Main issues arising from the comments in objection is the principle of the development, highway safety and amenity issues. Residents object on the grounds that the proposals negatively impact the established character of the locality, and the introduction of a care home is considered inappropriate.

·  Officers believe that the care of 2 children is low intensity and the same as a traditional family of 4 living in a dwellinghouse, and it will not disrupt the residential character of the area.

·  2 bedrooms will be located to the front of the property, and there will be a sensory room and staff lounge to the rear.

·  The existing fence is not compliant with design guidance. The proposed fence is not as visible in the street scene and set behind the vegetation, to minimise overshadowing issues.

·  Objections relate to concerns over increased on-street parking and traffic congestion, as well as public and highway safety concerns. It is considered that the existing parking provisions onsite is acceptable and there is sufficient space to the side of the property, front and rear.

A local resident and local ward member attended the meeting as objectors to the application to present their case. The local resident provided the following information: -

·  He has lived in the locality for 41 years, and his views are the views of most residents, and surrounding areas. He provided some background context of the locality, and how it is mainly a residential area with a mix of properties. He explained there is more than 100 properties directly affected by the proposals.

·  Mr Stone explained that future sellers of their homes in the area, will have to notify sellers of the development of the nearby proposal and this may have an impact on their house sale.

·  The applicant has not consulted with residents on the proposals.

·  Concerns whether the children will contribute to anti-social behaviour issues.

·  Clarity on the security arrangements at the site, particularly through the night, and plans in place for children escaping.

·  Clarity on due diligence checks.

Further to a question for a Panel Member,  ...  view the full minutes text for item 79.

To receive and consider the attached report of the Chief Planning Officer regarding an application for permission for a change of use from a single family dwellinghouse (Use Class C3) into a Residential Care Home (Use Class C2) at 178 Town Street, Middleton, Leeds, LS10 3TH.

The report of the Chief Planning Officer presented an application for the permission of a change of use from single family dwellinghouse (Use Class C3) into a residential care home (Use Class C2) at 178 Town Street, Middleton, Leeds, LS10 3TH.

Photographs and slides were shown throughout the officer presentation, and the following information was provided:

·  The applicant seeks permission for a change of use from a single family dwellinghouse (C3) to a Residential Care Home for children with special and learning disabilities between the ages of 8-17 years old (C2).

·  The accommodation will provide support to 2 children who will be receiving care and will be a place of work for 3-4 members of staff, who will be providing care for children residing there.

·  The applicant has proposed construction of a 1.8m close board timber fence behind the existing boundary wall and vegetation.

·  Main issues arising from the comments in objection is the principle of the development, highway safety and amenity issues. Residents object on the grounds that the proposals negatively impact the established character of the locality, and the introduction of a care home is considered inappropriate.

·  Officers believe that the care of 2 children is low intensity and the same as a traditional family of 4 living in a dwellinghouse, and it will not disrupt the residential character of the area.

·  It is proposed that there will be a sensory room on ground floor level and 2 bedrooms to the rear on the 1^st floor. There will be a central family bedroom and staff bedroom to the front of the property.

·  The size of the internal floor area and the rear amenity is not likely to cause an impact.

·  There is enough parking within the curtilage of the property. There is hard standing space to the front of the property.

·  A saturation of care facilities in the area was referred to. Having two care facilities within proximity is not considered to cause harm to cohesion or balance in the area.

A local elected member attended the meeting as an objector, and provided the Panel with the following information:

·  There are concerns with residents on how the proposals will impact on property sale values.

·  There are a lot of care facilities in the area already, and not as many in the rest of the ward.

·  There has been a lack of communication with residents, and consultation could have potentially reduced the number of objections received.

·  It only takes 1 child to cause issues.

·  Madiba’s website explains that they work with children with mental health conditions and substance misuse. There are concerns with residents on the type of children living in the properties.

·  Middleton Park has recently introduced parking charges, and people will park on Town Street. It is believed that the property does not have space for parking for 5 vehicles and they will park on the street.

·  The road is bad for speeding, and there are already speed calming measures that are ignored.

Further to questions  ...  view the full minutes text for item 80.

To receive and consider the attached report of the Chief Planning Officer regarding an application for electric vehicle charging facility (Sui Generis) and retail unit (Use Class E) with associated access, parking, servicing, and landscaping areas at the site of the former White Bear, Dewsbury Road, Tingley WF3 1JY.

The report of the Chief Planning Officer presented an application for electric vehicle charging facility (Sui Generis) and retail unit (Use Class E) with associated access, parking, servicing, and landscaping areas at the site of the Former White Bear, Dewsbury Road, Tingley, WF3 1JY.

Photographs and slides were shown throughout the officer presentation, and the following information was provided:

·  The proposal includes 18 standard sized ultra-rapid charging points to be located on the eastern side of the site. A small retail unit with toilets to be located to the west, within the footprint of the previously demolished White Bear Public House. There will also be 1 extended charging point bay for larger vehicles, 19 charging points in total.

·  The former White Bear Public House was demolished in 2017 and the site is now cleared and a brownfield site. The vast proportion of the site is hard surfaced.

·  The site is hard surfaced and lies immediately adjacent Tingley Common Roundabout, Bradford Road and Tingley Road.

·  The site is subject to two Tree Preservation Orders (TPOs).

The site access is currently blocked off for vehicular use to Dewsbury Road and the A650.

·  A Public Right of Way, non-definitive Footpath/Morley and the proposed site plan indicates pedestrian access through the site would be retained.

·  Numerous applications were made for a drive thru restaurant, and all were refused planning permission. One of which went to an appeal.

·  The proposal includes amendments to the two existing access points to provide an entry and exit at A650 Bradford Road and A653 Dewsbury Road, respectively. The highway works will require a S278 Agreement (likely to be under minor S278 procedure) with the works to be fully funded by the developer. It is considered that a one-way system is acceptable.

·  The facilities are available for use 24/7, every day of the week.

·  There are a number of trees to be removed as part of the proposals. Separate to that, a traffic improvement scheme is to be implemented on the Tingley roundabout as part of the Capitol Park employment scheme (20/08521/OT) where the Dewsbury Road arm will gain an additional lane and thus widened westwards to accommodate this plus a new pedestrian / cycle lane. This would have major implications for existing trees in that the embankment will be removed by the proposal. The applicant is compensating trees on a 3:1 basis and offering a sum for the tree loss. 72 trees will be planted elsewhere and secured through a S106 Agreement,  the sum is yet TBC.

·  The proposed retail unit is modest and there will be canopies above the electric vehicle charging points.

·  The application site was occupied by a public house and has extensive hard surfacing remaining. The proposals are positive in relation to green infrastructure and lowers carbon emissions in general. The retail unit is an ancillary function rather than a ‘destination’. This is intended for when people are charging their cars and want to get a coffee or go to the toilet.

·  The design and  ...  view the full minutes text for item 81.

To receive and consider the attached report of the Chief Planning Officer regarding an application for erection of 82 affordable dwellings and associated open space and infrastructure at Former Hough Side High School Site, Hough Top, Swinnow, Leeds, LS13.

The report of the Chief Planning Officer presented an application for the erection of 82 affordable dwellings and associated open space and infrastructure at Former Hough Side High School Site, Hough Top, Swinnow, Leeds, LS13.

The planning officer explained that the application is brought as a position statement and officers are not making a recommendation but presenting key issues to Panel Members. Since publication of the submitted report, there have been significant revisions in terms of biodiversity and drainage, these are no longer key issues for members.

Photographs and slides were shown throughout the officer presentation, and the following information was provided:

·  The site comprises a 2.5 Ha area of land to the north of Hough Top Road. The site was formerly occupied by a school until 1992, and then used as Council offices. The building was demolished in 2021/2022.

·  The site is surrounded by residential properties to the north, east and south. Properties are red brick houses to the north, stone houses to the south and 3 storey white rendered/red brick flats and houses  to the east.

·  The application site is an allocated housing site in the Local Development Framework Site Allocation Plan (HG2-207) and the Site Requirements indicate that the site is affected by a gas main along the south of the site.

·  There has been a statutory consultation response from Sport England and although housing will not result in loss of the playing field, some of the plots are at risk of footballs being thrown into gardens. The applicant is carrying out further assessment on this issue.

·  The suggested site capacity is 76 units, and the applicant proposes 82 units.

·  The proposed development consists of 28 two-bed four person houses, 23 three-bed five person houses, 4 four-bed 7 person houses, 17 one-bed 2 person apartments and 10 two-bed 3 person apartments.

·  The access is proposed to be retained as a pedestrian and cycling route. No through route for vehicles. There will be two access points, and the existing access point in Hough Top to be removed.

·  The eastern and southeastern part of the site has established mature trees and security fencing. There is an informal cut through woodland area in the southeastern part of the site; It is proposed to retain this area.

·  There is a nearby shopping parade to the north of the site.

·  The proposed apartment block is sited at an angle to the centre of the site, and it has its own private amenity garden area.

·  There was previously a larger children’s play area proposed, but this has been scaled back to avoid potential anti-social behaviour related issues. A smaller trim trail is now proposed.

·  The design and character remain a consideration for members. There has been an objection from LCC Design Team on the proposed boundary treatments and design of houses. It is considered that the blank gables are prominent, and some house types appear ‘harsh’. The applicant has added blind windows, but this has not addressed the outstanding objection.

·  LCCs Design Team  ...  view the full minutes text for item 82.

To receive and consider the attached report of the Chief Planning Officer regarding a pre-application presentation of proposed development comprising demolition of existing buildings; and erection of a multi-storey (up to 27 storeys) residential development with multi-purpose internal and external amenity spaces, associated car parking, public open space and landscaping at land at Evolution House, 34 - 36 Springwell Road, Holbeck, LS12 1AW (PREAPP/23/00376).

The report of the Chief Planning Officer presented a pre-application of proposed development comprising demolition of existing buildings; and erection of multi-storey (up to 27 storeys) residential development with multi-purpose internal and external amenity spaces, associated car parking, public open space, and landscaping at land at Evolution House, 34-36 Springwell Road, Holbeck, LS12 1AW.

The planning officer confirmed that she has been working closely with the applicant since November 2023, and a scheme has been developed broadly supported by officers. There are outstanding concerns regarding on-site greenspace deficiency and the level of parking is low. Additional details of delivery arrangements are yet to be confirmed and there is a strong view that affordable units can be provided on-site.

Photographs and slides were shown throughout the representatives’ presentation, and the following information was provided:

·  The company is an investment business that operates nationally with a build to rent focus. There is an appetite for this type of development.

·  The site is considered to be in a sustainable location, with a nearby train station and other public transport options.

·  The applicant has recent developments that are successful commercial schemes such as Springwell Gardens 1 and a pending consent for Springwell Gardens 2, which were brownfield sites that were underutilised and of older building stock.

·  A low-level street scene was referred to, in the context of the proposal in line with other tall buildings.

·  The proposals have been amended multiple times by reducing the massing of the building, increasing the amenity space, and adding a lighter weight linier element to the building.

·  There has been attempts to break up the two buildings by splitting the materials, with one of the buildings having a linier glass look.

·  An overview of the ‘crowning’ element that has included in the proposals.

·  Within the building there is proposed 11%3-bed units, 39%2-bed units, and 50%%1-bed units. This meets accessibility standards and space standards.

·  There will be a cycle storage and cycle maintenance area. Options are being looked at to include a cycle pool scheme.

·  To include a residents well-being space in the proposals, 1200sqm of accessible amenity space that can be used by the wider community and possibly offered as a space for community events. There is also an external roof terrace only for residents, offering 550sqm, including photo voltaic (PV) provision on the lower tower block.

·  Committed to 200ml reveal windows. Predominantly brickwork scheme and going for red brick solution to fit in with the ‘Leeds look’. Also, a lighter element to the linier block with lighter metallic cladding.

·  There are 387 apartments proposed overall.

In responding to questions from Panel Members, the following information was confirmed:

·  Samples of materials can be provided at the Panel meeting where the full application will be considered. Wind consultants have been involved in the process from the start, and they have also worked on the Springwell 1 and 2 projects.

·  The applicant has met with officers in the regeneration team to discuss off-site greenspace ideas. The applicant has already undertaken  ...  view the full minutes text for item 83.

To receive and consider the attached report of the Chief Planning Officer and Head of Legal Service regarding an application to Application to Register Land at Sunnybank Lane Recreation Ground, Sunnybank Lane, Thornbury, Bradford, Bd3 7dg as a Town or Village Green under the provisions of Section 15(1) of the Commons Act 2006.

The report of the Chief Planning Officer and Head of Legal Service presented an application to register land at Sunnybank Lane Recreation Ground, Sunnybank Lane, Thornbury, Bradford, BD3 7DG as a town or village green under the provisions of Section 51(1) of the Commons Act 2006.

Photographs and slides were shown throughout the presentation, and the Head of Legal Services provided the following information:

·  The Council as Commons Registration Authority (CRA) is legally obliged to consider such applications. In this case, the Head of Legal Service is presenting the application on behalf of the CRA and a separate Legal Officer advising the Panel.

·  The Application has been submitted to the Council by Mr Kalvinder Malik for the registration of land identified by the Applicant to be Sunnybank Lane Recreation Ground, Sunnybank Lane, Thornbury, Bradford, BD3 7DG as a Town or Village Green under provisions of Section 15(1) and 15(2) of the Commons Act 2006.

·  Background context on Village Greens were provided.

·  It was noted that any person can register land as long as they meet the tests of the Commons Act 2006.

·  Despite the Bradford postal address given for the Application Land, it lies within the Metropolitan District of Leeds, and therefore the administrative area of the Council. Bradford Metropolitan District Council are the landowner.

·  The Applicant has submitted photographic evidence and questionnaires to support the use of land as being in accordance with the necessary legal tests which must be met for registration.

·  The Application must satisfy each element of the statutory test provided for under Section 15(2) of the Commons Act 2006. The test is whether a) a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years; and b) they continue to do so at the time of the Application.

·  The site is well maintained and overgrown in some areas, but it is very much an open space.

·  Bradford Metropolitan District Council have objected to the Application. There are two main plans to their objection. Firstly, they believe that the Application is flawed and the statutory tests are not met.  In addition, Bradford Metropolitan District Council believes that the Application is defeated by the doctrine of statutory incompatibility.

·  The Council is now legally obliged to determine the Application and go through the relevant procedure. It is for the purposes of determining the procedure that should be followed that the matter is brought to the meeting of the Plans Panel.

·  The recommendations as set out in the submitted report were outlined. Officers are seeking approval on the procedural steps to be followed in order to determine the Application.

A question was raised regarding whether this approach was similar to other Village Green applications previously received and determined by the Council. In response, it was confirmed that an independent Inspector has been appointed before to independently consider the evidence and determine applications.  Where  ...  view the full minutes text for item 84.

To note the date and time of the next meeting as Thursday, 4^th April 2024 at 1.30pm.

RESOLVED – To note the date and time of the next meeting as Thursday, 4^th April 2024 at 1.30pm.

The meeting concluded at 18:10.