Agenda item

To consider a report by the Chief Planning Officer which sets out details of an application which seeks the removal of condition 50 (MLLR delivery) of approval 16/07938/OT, on land Between Barrowby Lane and Manston Lane, Thorpe Park, Leeds.

(Report attached)

The Chief Planning Officer submitted a report which set out details of an application which sought the removal of condition No.50 (MLLR delivery) of approval 16/07938/OT, on land between Barrowby Lane and Manston Lane, Thorpe Park, Leeds.

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

Planning Officers together with the applicant’s representatives addressed the Panel, speaking in detail about the proposal and highlighted the following:

·  The report before Members was an update report, the application was last considered by Panel on 4^th October 2018

·  Further mine entries had been discovered leading to delays in completing the MLLR

·  Wet/bad weather had also slowed progress down by impacting on the usability of fill

·  Members were informed that the proposed completion date of 21^st December 2018 was not achievable, a further backstop date of 28^th February 2019 was also considered to be uncertain. A more realistic completion date of 30^th April 2019 had been proposed by the applicant.

·  It was reported that Local Ward Members had been kept informed of the development and were disappointed at the lack of progress. 

Members raised the following questions:

·  Were the delays in delivering the MLLR mainly as a result of the poor weather

·  Was Lazencroft Cottage occupied and if so had any noise reduction measures being but in place

·  Were there any financial penalties / consequences for the developer in not delivering the MLLR within the specified period

·  It was suggested by the applicant that a condition could be added which could limit the amount of retail floor space to be used prior to the completion of the MLLR

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

·  Members were informed that poor weather was a contributing factor but the discovery of further mine entries (900 in total) and the need for these to be “grouted and/ or capped” had led to delays in progress.

·  Members were informed that Lazencroft Cottage was now used as a Children’s Nursery. The arrangement of junction 46 of the M1 was an existing situation and the motorway was elevated at this point so any traffic noise from MLLR was reduced

·  Highways officers confirmed there were no financial penalties associated with the delivery of the MLLR, there were no Traffic Management costs, the only costs that would apply would be for inspection of the works

·  The Section Head, Legal Services advised that any conditions added would need to be meet the tests set out in the NPPF – be necessary; relevant to planning; to the development to be permitted; enforceable; precise and reasonable in all other respects

In the discussion that followed Member expressed the view that further assurances were required on progress of the MLLR before a completion date or any other measures could be identified.

The Chair suggested that in view of the comments raised, determination of the application be deferred for one cycle to await the submission of a further progress report on the delivery of the MLLR in order that Members had the most up to date facts on the programme of works.

It was further suggested that officers be requested to draft appropriate robust conditions for Members consideration when the report comes back to Panel.

RESOLVED – That determination of the application be deferred for one cycle (3^rd January 2019) to await the submission of a further progress report on the delivery of the Manston Lane Link Road (MLLR)