Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application for change of use from a C3 (Dwelling House) to a C2 (Residential Institution) as young person's supported accommodation at No. 16 Chiltern Court, Rodley, Leeds, LS13 1PT.

The report of the Chief Planning Officer set out an application for the change of use from a C3 (Dwelling House) to a C2 (Residential Institution) as a young person’s supported accommodation at No. 16 Chiltern Court, Rodley, Leeds, LS13 1PT. The report recommended to the Panel to grant permission subject to the conditions set out in the submitted report.

Slides and photographs of the site and proposals were presented by the Planning Officer who outlined the application as detailed in the submitted report. It was noted that the application had been before the Panel on the 3^rd October 2024 where Members had resolved to accept the Officer’s recommendation to grant planning permission subject recommended conditions but the addition of a condition that required that prior to the first occupation of the development details of a means of  pedestrian access / exit from the site directly onto Town Street to be submitted and approved by the LPA and that residents in care at the site would be restricted from owning a car/vehicle to be secured through a legal agreement (Section 106).

Members were informed that the application was being brought back to the Panel as the applicant had challenged the necessity of imposing a condition for the access/ exit onto Town Street and the mechanism of a Section 106 to secure residents in care do not have access to car/vehicle ownership.

Details of reasons for challenging the additional conditions and Section 106 agreement were provided in the submitted report at Paragraphs 2 and 3.

The Panel were also advised that 2 more objections from local residents had been received relating to car/vehicle parking issues.

Questions to officers then followed, with officers responding to questions raised which included the following:

·  Clarification on the difference between a Section 106 agreement and a planning condition. Advice was received from both Planning Officers and the Legal Officer.

·  Parking for care staff to the site. It was noted that there would be 2 care staff always present.

·  Highways policy for number of cars per residents at a property. It was noted that the policy stated 1 car per 3 residents and this application was policy compliant.

·  It was noted that the applicant had said that residents would not normally have the means to buy, tax or run a car/ vehicle.

Members comments included:

·  It was the view that the breaking through of the wall in front of the property was not necessary.

·  Paragraph 3 of the submitted report would still be covered by a condition which was summarised at Condition 7 in the report. It was noted that a full condition would be drafted by officers.

·  There were double yellow lines already along the road.

·  Members were finding it difficult to refuse the officer recommendations.

The Area Planning Manager summed up the debate.

Upon voting, a motion was put forward to move the officer recommendations, as per the submitted report. This was moved and seconded, and it was:

RESOLVED - To grant planning permission subject to the conditions set out in the submitted report.