Agenda item

To consider a report by the Chief Planning Officer which sets out details of an application which seeks retrospective demolition of 101-104 Kirkgate, the demolition of 9-13 Crown Court, and the construction of new residential buildings with ground floor A1 retail, A3 café/restaurant uses and D1 leisure uses, basement car parking and associated public realm at 101-104 Kirkgate, 9-13 Crown Court and Crown Street Car Park, Leeds 2.

(Report attached)

The Chief Planning Officer submitted a report which set out details of an application which sought retrospective demolition of 101 - 104 Kirkgate, the demolition of 9 -13 Crown Court and the construction of new residential buildings with ground floor A1 retail, A3 café/restaurant uses and D1 leisure uses, basement car parking and associated public realm at 101 – 104 Kirkgate, 9 – 13 Crown Court and Crown Street Car Park, Leeds 2.

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

The Planning Case Officer addressed the Panel, speaking in detail about the proposal and highlighted the following:

·  The application consists of two new buildings with associated public realm. At 101- 104 Kirkgate and 9-13 Crown Court (at the rear), a part 4, part 5 storey building in red-brick and vertical metal cladding is proposed, with A3 café/bar at basement level, A1 retail at ground floor, with flats above. The application also proposes the demolition of the existing 9-13 Crown Court.

·  The proposal also includes the re-development of the Crown Street car park, with a new red-brick part 4/5/6/7 storey residential building, with ground floor A3 café/restaurant units.

·  The proposal is for Private Rented Sector (PRS) flats, across the two buildings. 80 flats are proposed in total, consisting of:

- 33 one-bed flats

- 42 two-bed flats

- 6 three-bed flats

·  The buildings would be constructed to exceed 2013 Building Regulations Part L by 20%. 10% on-site low carbon energy demand would be met by using air source heat pumps.

·  28 car parking spaces including 3 disabled bays are proposed at basement level below the Crown Street car park building. This basement would also include provision for 74 cycle parking spaces. The car park would be accessed via Pine Court (one-way in) and egressed via the Waterloo House access road. Bin storage would also be located inside the building, accessed from the Waterloo House access road. All refuse and recycling would be managed by private collection.

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

·  The alleyways running through the site, were these public rights of way

·  Would there be lighting in the alleyways

·  The proposed choice of brick was a little disappointing

·  Where were the dustbins located

·  Why had the Private Rented Sector (PRS) flats model been selected by the developers

·  Would the affordable housing provision be located within the development

·  The public realm would include seating areas but who would be using these areas and how would they be managed

·  There appeared to be a lack of co-ordination with the developers of the neighbouring First White Cloth Hall site which may have assisted in the digging out of a route through both sites

The Planning Officers together with the applicant’s representatives provided the following responses:

·  The City Centre Team Leader confirmed that it would be for the Public Rights of Way Team to include each of the alleyways on the definitive map but late night closure of these alleyways was acceptable in planning terms to help prevent anti-social behaviour

·  It was confirmed that lighting of the alleyways would be included as part of the landscaping controls and would be subject to condition

·  The applicants representative reported that the final choice of brick had yet to be selected but generally the car park building would be constructed in a lighter material with the historic frontage being darker

·  It was confirmed that there were several bin storage areas located throughout the site

·  PRS flats had been chosen to allow one funding model for the whole of the scheme and the residential element would not be directly managed

·  The City Centre Team Leader reported that the applicant intended to deliver affordable housing on site as a first option. The use of a commuted sum would only be pursued if on-site provision was not possible and would have to be agreed with the Council

·  The public realm areas had been designed to create active use, security was important to residents and on-site management would control the access to the public realm areas

·  The applicant’s representative confirmed that discussions had taken place with Rushbond, the developers of the First White Cloth Hall site. Members were informed that any digging out would have created a 1.5m step resulting in the loss of the through route.

In offering comments Members raised the following issues:

·  Members would prefer the provision of on-site affordable housing

·  It was the view of Members that once completed the scheme would deliver a very much improved Kirkgate façade

In summing up the Chair thanked the Developers for their attendance, suggesting Members appeared to be supportive of the proposals.

RESOLVED – That the application be deferred and delegated to the Chief Planning Officer for approval subject to the conditions specified in Appendix 1 of the submitted report (and any others which he might consider appropriate) and following the completion of a Section 106 agreement to include the subsequent obligations:

·  5% Affordable housing to be provided in accordance with details set out in section 10.6 of the submitted report

·  Sustainable travel fund £14,803

·  Car club contribution £10,000

·  Travel plan monitoring fee £2500

·  Cost of TRO work and compensation for loss of parking bay revenue of

  £25,215

·  Public access to routes and spaces within the site: Crown Court, Crown Square and access road to Pine Court at all times, pedestrian route to the north of the building and the alleyways 8am-8pm 7 days a week

·  Co-operation with local jobs and skills initiatives

In the event of the Section 106 Agreement having not been completed within 3 months of the resolution to grant planning permission, the final determination of the application shall be delegated to the Chief Planning Officer.