Agenda and minutes

Contact: Andy Booth  88665

Items
No. Item

25.

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 inspection of documents.

26.

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:-

 

  No exempt items or information have been identified on the agenda

 

Minutes:

The Panel was advised that Agenda Item 8 Application 17/08294/FU – Construction of 22 dwelling houses and associated works – Land off Tyersal Close, Tyersal, Leeds had an appendix which contained information relating to financial matters and was considered to be exempt under Access to Information Procedure Rule 10.4(3).

27.

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 late items.

 

However, it was noted a revised report had been circulated to the Panel prior to the meeting in relation to Agenda Item 9 – Application 18/00846/FU – Former site of Benyon Centre, Ring Road, Middleton, Leeds.

 

 

28.

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:

Cllr. Hutchison informed that Panel that he had a disclosable pecuniary interest with Item 7 – 18/01111/FU – Variation of conditions 1, 5, 6 and 18 of previous approval 11/01809/FU to amend the site layout and to extend the hours of operation to 0700 – 1900 (Monday-Friday) and 0800 – 1700 (Saturday) – Whitehall Industrial Estate, New Farnley. He informed the Panel that he would leave the meeting for the duration of Item 7.

 

It was noted that Cllr Gruen knew the representative in attendance for Lidl in a professional capacity in relation to Item 9 – 18/00846/FU – 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 – Land at former Benyon House, Ring Road Middeton, Middleton, Leeds.

 

29.

Apologies for Absence

Minutes:

Apologies for absence had been submitted from Councillors M Gibson, D Ragan and J Shemilt.

 

Councillor E Nash, J McKenna and P Wadsworth were in attendance at the meeting as substitutes.

30.

Minutes - 20 September 2018 pdf icon PDF 82 KB

To confirm as a correct record, the minutes of the meeting held on 20 September 2018.

 

Minutes:

RESOLVED – That the minutes of the meeting held on 20th September 2018 be approved as a correct record.

31.

Application 18/01111/FU - Ashfield Way, Whitehall Industrial Estate, Leeds pdf icon PDF 654 KB

To receive and consider the attached report of the Chief Planning Officer regarding an application for the variation of Conditions 1, 5, 6 and 18 of previous approval 11/01809/FU to amend the site layout and to extend the hours of operation to 0700-1900 (Monday to Friday) and 0800-1700 (Saturday)

 

Minutes:

Cllr. Hutchison left the meeting for the duration of item 7. Minute 28 refers.

 

The report of the Chief Planning Officer requested Members to consider an application for a variation of conditions 1, 5, 6 and 18 of previous approval 11/01809/FU to amend the site layout and to extend the hours of operation to 07:00 – 19:00 (Monday – Friday) and 08:00- 17:00 (Saturday) at Whitehall Industrial Estate, New Farnley.

 

Members of the Panel had visited the site earlier in the day. Photographs and plans were shown throughout the presentation.

 

Councillor Ann Blackburn had requested that this application be brought to the Plans Panel for determination. Councillor Blackburn’s objections to the application related to the proposed amendment to the operating hours and associated noise nuisance and the increase in vehicle movements and associated dirt and noise nuisance.

 

Members were advised of the following points:

·  The context of this planning application was provided to Members and set out at points 1.3 – 1.7 of the submitted report and included;

o  That the applicant’s main waste management business located at 263 Whitehall Road was not large enough to accommodate all of the incoming general skip waste accepted at the site;

o  The applicant has acquired the Ashfield Way site on Whitehall Road which is a safeguarded waste management site in the Leeds adopted development plan;

o  The applicant currently accepts inert demolition and construction waste as well as general skip waste. However, the applicant wishes to separate the two types of waste with inert demolition and construction waste being transferred to the Ashfield Way site on Whitehall Industrial Estate;

o  The applicant wants to carry out waste transfer operations different to those conditions attached to existing permission Ref: 11/01809/FU.

·  The conditions to be varied were:

o  Condition 1 – Approved Plans as set out at point 2.1 of the submitted report;

o  Condition 5 and 6 – Approved landscaping and landscape maintenance as set out at point 2.2 of the submitted report;

o  Condition 18 – approved operating hours as set out at points 2.3 and 2.4 of the submitted report. Members noted the current operating hours 08:00-16:00 (Monday – Friday) and 09:00- 15:00 (Saturday);

·  10 letters of representation had been received from members of the public objecting to the proposal for the following reasons:

o  Noise impact in connection to longer operating hours;

o  High levels of dust;

o  Vehicles depositing dirt and debris onto the public highway; and Highway safety at the junction of Ashfield Way and Whitehall Road;

·  2 of the letters of representation received were from Councillors Ann and David Blackburn who raised concerns in relation to the perceived impact on general amenity and the living conditions of occupiers of nearby property from noise nuisance and the perceived impact on amenity and safety arising from the depositions and /or accumulations of dirt / debris on the public highway. It was noted that the Councillors were aware of negotiations by officers, which included the operational restrictions secured at  ...  view the full minutes text for item 31.

32.

Application 18/00846/FU - Former site of Benyon Centre, Ring Road, Middleton, Leeds pdf icon PDF 422 KB

To receive and consider the attached report of the Chief Planning Officer regarding an application for 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

 

Additional documents:

Minutes:

The submitted report of the Chief Planning Officer set out an application for 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 book makers (sui generis) with associated access, parking and landscaping on land at the former site of Benyon House, Ring Road Middleton, Middleton, Leeds LS10.

 

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

 

The application had been brought to Plans Panel due to the scale of the development, at the request of local Ward Members who consider the application to be of local significance due to the potential for job creation.

 

The Panel was informed that the proposal was for a retail-led scheme with proposed occupiers such as Lidl, B&M, Costa Coffee, Jack Fulton, Greggs. The proposal also allowed for the delivery of a Bookmakers (Sui generis use). It was proposed that the A1 units would be occupied by Lidl and B&M.

 

Members were advised that this application was a resubmission of a previously refused application for a similar scheme, anchored by Lidl and B&M. It was also noted that an application for Tesco’s on this site was also refused in 2010.

 

The Panel were advised that B&M Bargains had written a letter to the Leader of Council to inform her and other ward members in Middleton of the intention to vacate their existing unit within the town centre. Members were informed that an independent assessment had been undertaken in relation to the impact the closure of B&M Bargains would have on Middleton Town Centre. It was acknowledged that this could have a significant effect on footfall in the Town Centre and that it could be difficult to re-let a unit of this size. It was noted that large organisations such as Boots and Wilkinson’s had been approached to see if they would be interested, however, they were not. The only interest had been from a gym, but this would not bring in the required footfall.

 

Director of Commercial Development Projects Ltd, James Marshall addressed the Panel.

 

Mr Marshall informed the Panel of the following points:

·  B&M Bargains lease on the unit in the Town Centre would end in October 2019;

·  Consultation with local people showed that this type of development was wanted in the area by most people;

·  The development would create 180 local jobs including local construction jobs;

·  His was a family company and this was a substantial investment for the local area;

·  Local ward councillors were in favour of the development;

·  If permission was granted it was hoped that the site would be trading by Christmas 2019.

 

Responding to questions from Members Mr Marshall informed the Members that as many trees as possible would be retained and landscaping would include up to 140 new trees which would be used as a buffer. He said that the design and materials had been  ...  view the full minutes text for item 32.

33.

Application 17/08294/FU - Land off Tyersal Close, Tyersal, Bradford pdf icon PDF 764 KB

To receive and consider the attached report of the Chief Planning Officer regarding an application for the construction of 22 dwelling houses and associated works.

 

Additional documents:

Minutes:

The report of the Chief Planning Officer set out an application for the construction of 22 dwelling houses and associated work on land off Tyersal Close, Tyersal, Leeds.

 

This application had originally been reported to Plans Panel on 19th July 2018. Minute 11 refers. Members had attended a site visit on the morning of 19th July 2018.

 

At the meeting held on 19th July 2018 Members had resolved that the application should be deferred to clarify with the applicant the following points housing mix, size of houses and the house prices put forward by the applicant. Members had also asked for clarity on an area of land to the East of the access road. The report submitted on 19th July 2018 had been attached to the report for this meeting.

 

Photographs, 3D visuals and plans were shown at the meeting.

 

The Panel were advised of the following points:

·  Revised plans had been submitted on 24th August 2018, showing the onsite green space area removed and an additional four units provided with one affordable unit;

·  Neighbour notification letters had been issued with the expiry date being 22nd September 2018;

·  A further 8 letters of objection had been received which raised concerns as set out at point 2.1 of the submitted report;

·  Red Kites spotted in the area would not be affected. However a condition had been requested by the Nature Team to provide biodiversity enhancements;

·  A further condition in regard to the maximum gradient to access;

·  Housing mix would now consist of three – four bedroom homes which was set out at point 4.3 of the submitted report;

·  An owner for the area of land to the East of the access site had not been found. However the applicant had said that they would maintain the patch of land until such a time as the owner could be located;

·  Offsite green space contribution of £82,212.13 to be spent on sport and recreational facilities at Tyersal Park as discussed with ward members.

 

A resident of Tyersal Close, who objected to the application, addressed the Panel and informed them of the following points:

·  Over the years the site had become a nature reserve with rabbits, foxes, birds and a woodpecker all being sighted;

·  The owners had already removed trees from the site;

·  Access to the site was poor due to the acute angles of the roads;

·  The site was greenfield not brownfield, and there is little green space between Pudsey and Bradford;

·  The development would be detrimental to the area.

 

The Panel heard from Will Cartwright on behalf of the applicant:

·  The trees had been removed as they had been of poor quality and this was lawful removal;

·  There was a need for housing in this area and the land was not greenbelt;

·  The width of Tyersal Close was adequate for access of vehicles to the site;

·  There would be sufficient parking allocated on site;

·  Negotiations had taken place and changes had been made to the application;  ...  view the full minutes text for item 33.

34.

Application 18/02140/FU and 18/02141/LI pdf icon PDF 4 MB

To receive a position statement regarding an application and a listed buildings application for conversion of mill buildings, demolition of Listed Buildings to provide 30 dwellings and the construction of 82 new dwellings (112 dwellings in total) with associated access and landscaping

 

Minutes:

Councillor Campbell left the meeting at 16:10 at the start of Item 10.

 

The Plans Panel were requested to consider and comment on the report of the Chief Planning Officer which set out a position statement on planning and listed building applications for conversion of mill buildings, demolition of listed buildings to provide 30 dwellings and construction of 82 new dwellings (112 dwellings in total) with associated access and landscaping at Stonebridge Lane, Wortley, Leeds.

 

Members were advised that this report was based on a draft alternative layout which had reduced the number of new build properties by 16 and increased by 2 conversion units retaining buildings 10 and 11. Members noted that the proposal for the conversion element was to vertically divide the existing buildings to provide house rather than apartments. It was also noted that it was proposed to retain both the stone water tower and mill chimney which exist on the site, and part of the mill pond, and adjacent stone walls and cobble surface.

 

The Panel was advised that the applicant had confirmed that they were not proposing any S106 contributions as the applicant had raised viability as a reason why the application should be granted despite no S106 contributions. This had been detailed at point 9 of the submitted report. The Panel acknowledged that there would be widening of paths to nearest bus stops with real time bus information.

 

Representations had been received from Leeds Civic Trust, Councillor Ann Blackburn, Councillor David Blackburn and 5 objections from members of the public.

 

Members were advised that the representations from Leeds Civic Trust had been received prior to the revised plans. It was considered that all issues raised had been addressed by the revisions.

 

Objections included:

·  Development is over-intensive

·  All the mill pond should be retained

·  Protection of the natural site

·  Chimney and water tower should be retained at full height

·  Cobble surfacing to be retained

 

Members discussed the listed buildings on site and the water levels of the mill pond. It was noted that Environmental Health services should be consulted with regard to the mill pond and whether it had ever flooded.

 

Mark Finch the applicant was in attendance at the meeting to answer Members questions.

 

Mr Finch provided the Panel with the following information:

·  This was an accessible and sustainable site;

·  The site would be good for families in the area;

·  It is a complicated site and hope to be on site next year;

·  Parking had been proposed for at least two cars per household;

·  Heritage houses would be priority for the site.

 

Members were advised that this applicant had also redeveloped Wortley Primary School, photographs were shown. It was also noted that they had redeveloped York Road Library, the Majestic building and were soon to be on site at the White Cloth Hall.

 

Members had further discussions which included the following points:

·  The boundary which was to be saved as part of woodland. Members were supportive of this and were advised that there would  ...  view the full minutes text for item 34.

35.

Date and Time of Next Meeting

Thursday, 22 November 2018 at 1.30 p.m.

 

Minutes:

The next meeting of the South and West Plans Panel will be Thursday 22nd November 2018 at 1:30pm.