Agenda item

To consider a report by the Chief Planning Officer which seeks:

 

(i)  The removal of condition 50 (MLLR delivery) of approval 16/07938/OT, on land Between Barrowby Lane and Manston Lane, Thorpe Park, Leeds (Application 18/05017/FU)

 

(ii)  The removal of condition 3 (Highway detail) of approval 17/04055/FU (Detailed application for the MLLR (East - West Route), on land at Thorpe Park, Leeds (Application 18/05018/FU)

 

(iii)  The removal of condition 3 (Highway detail) of approval 14/01216/FU (Detailed application for the MLLR (North - South Route), on land at Thorpe Park Link Road, Austhorpe, Leeds (Application 18/05019/FU)

 

(iv)  A variation of conditions 23, 24, 25 and 28 of approval 16/07938/OT to permit conditions 23 and 24 to be amended to prescribe a specified proportion of A1 comparison retail floorspace to be provided within units below 480 sq.m GEA; condition 25 - increase 840 sq.m figure for 'small retail units' to 1,130 sq.m, with no single unit having a floorspace of more than 150 sq.m GEA; condition 28 updated to reflect condition 25 (as above) from the 105 sq.m figure on land Between Barrowby Lane and Manston Lane, Thorpe Park, Leeds  (Application 18/05310/FU)

 

 

(Report attached)

The Chief Planning Officer submitted a report which set out details of a number of applications which sought:

 

(i)    The removal of condition 50 (MLLR delivery) of approval   16/07938/OT, on land Between Barrowby Lane and Manston   Lane, Thorpe Park, Leeds (Application 18/05017/FU)

 

(ii)    The removal of condition 3 (Highway detail) of approval   17/04055/FU (Detailed application for the MLLR (East - West   Route), on land at Thorpe Park, Leeds (Application   18/05018/FU)

 

(iii)    The removal of condition 3 (Highway detail) of approval   14/01216/FU (Detailed application for the MLLR (North - South   Route), on land at Thorpe Park Link Road, Austhorpe, Leeds   (Application 18/05019/FU)

 

(iv)    A variation of conditions 23, 24, 25 and 28 of approval   16/07938/OT to permit conditions 23 and 24 to be amended to   prescribe a specified proportion of A1 comparison retail   floorspace to be provided within units below 480 sq.m GEA;   condition 25 - increase 840 sq.m figure for 'small retail units' to   1,130 sq.m, with no single unit having a floorspace of more than   150 sq.m GEA; condition 28 updated to reflect condition 25 (as   above) from the 105 sq.m figure, on land Between Barrowby   Lane and Manston Lane, Thorpe Park, Leeds (Application   18/05310/FU)

 

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

 

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

 

·  Site location/ context

·  Strategic context

·  Site layout

·  Construction of the Manston Lane Link Road (MLLR) completion date extended to 21^st December 2018

• Notwithstanding the removal of condition 50 sought in applications 18/05017/FU and 18/05310/FU, officers were minded to impose a condition requiring MLLR to be fully complete by 21^st December 2018 and for the section between J46 of the M1 and roundabout R2 (the access to the retail park) to be practically complete and open before the non B1 uses are first brought into use.

·  Further to the submitted report, Highways England had responded to state no objection subject to condition 50 being varied in the terms set out above, rather than being removed.

The Panel then heard from Councillor P Gruen (Ward Member) who was opposed to the removal of condition No.50 - MLLR delivery date (Application No, 18/05017/FU)

 

Councillor Gruen informed Members that he was a supporter of the project since its inception and that he would continue to support the scheme. He said it was a matter of detail that the link road should be completed in good time (7^th December 2018). It was now proposed that there should be a “backstop date” of 21^st December 2018. He suggested that there were a number of reasons why the completion date should not be extended: After 21^st December the industry would break for Christmas and the New Year leading to further unacceptable delays, secondly the start of the demolition works for the former Vickers Tank site may be delayed if the link road was not completed, finally in accordance with the planning consent, no new houses could be built in the area until the link road was operational.

 

Addressing officers Councillor Gruen asked if the obligations of the Section 106 could now be pursued.

 

Questions to Councillor Gruen

 

·  Do you consider the delay in completing the Manston Lane Link Road (MLLR) to be a huge disappointment

 

In responding Councillor Gruen said:

 

·  The Manston Lane link road was an important part of the infrastructure and a major link for the development of the whole area

 

The Chair thanked Councillor Gruen for his attendance and contribution

 

Members raised the following questions:

 

·  Was there sufficient car park capacity for the development, could more be added if necessary in the future

·  What were the contributing factors in the delay in constructing of the link road

 

In responding to the issues raised, the applicant’s representative said:

 

·  The development had parking provision for 911 vehicles which was considered to be sufficient. There were also significant land holdings within the site which could be used in the future if required.

·  Members were informed that there was a period of wet weather which delayed the start of construction. As construction progressed a significant number geotechnical issues were encountered (old mining features/ engineering obstacles, 1000+) which led to further delays

·  Confirmation was given that a bus service would serve the development and a second would follow, mostly likely in the New Year once the MLLR was complete. Combined these services would exceed the 15 minute requirement as specified within the scheme’s Section 106 legal agreement.

 

In offering comments Members raised the following issues:

 

·  This was a first class development and would bring many employment opportunities to the area

·  The MLLR must be open on time or the developers would run into contractual difficulties

·  There was a need for a firm backstop date.

 

The Chief Planning Officer informed Members that a further report would be brought back to Panel if the MLLR was not delivered by 21^st December 2018, therefore the need for additional conditions linked to occupation was not necessary at this time.

 

In summing up the Chair thanked all parties for their attendance and contributions, he said this was an excellent scheme and Members appeared to be supportive of the application.

 

RESOLVED – That the applications be approved in principle (subject to the varied wording to condition 50 for applications 18/05017/FU and 18/05310/FU) following the expiry of the formal publicity period on 9th October 2018 and referred to the Secretary of State for the Department of Communities and Local Government as a Departure from the Statutory Development Plan and for consultation under the Town and Country Planning (Consultation) (England) Direction 2009 (applicable to applications 18/05017/FU and 18/05310/FU), and delegate approval to the Chief Planning Officer subject to the suggested conditions (and any others which he might consider appropriate) and the completion of Deeds of Variation to the existing Section 106 Agreements, including proposed amendments, so their obligations apply equally to the varied permissions (Appendix No.1 of the submitted report referred) should the Secretary of State decide not to call the applications in for determination.

 

The obligations to be contained in the Deeds of Variation attached to applications: 18/05017/FU and 18/05310/FU are to secure the following:

 

- No non-B1 development, nor any B1 office development of 37,000sqm or greater shall be first brought into use until all land (currently identified for indicative purposes in the Expansion Layout) reasonably necessary to deliver the best strategic route through the development to accommodate both strategic (ELOR) traffic while also serving the development including the associated junction alterations has been dedicated as public highway.

 

·  Ecological mitigation contribution of £5,000 at first occupation of any

  development and every subsequent year for 9 years (total of £50,000   index linked).

 

·  Delivery of agreed Public Transport Strategy (including provision of 2 x bus shelters with associated Real Time Information)

 

·  Public Access to Thorpe Park and the provision of 50 parking spaces

  within Thorpe Park to be utilised by visitors to the playing pitches within

  Green Park.

 

·  Compliance with the Local Employment Strategy.

 

·  At first occupation of any retail development and for two subsequent years a contribution of £20,000 that can be used to mitigate against any adverse retail impact in designated local centres.

 

·  Ensure compliance with the Travel Plan and secure a Travel Plan Review Fee of £20,000.

 

·  Delivery of the playing pitches and changing rooms at Green Park within 3 months of an implementable consent for the works and further phased (index linked) contributions for the delivery of the remainder of Green Park.

 

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.