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)

With reference to the previous meeting and the decision to deferdetermination of the application 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).

The Chief Planning Officer now submitted a further update 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 6^th December 2018

·  Ground works were now complete, eliminating the danger of finding more mine entries

·  The biggest threat to further delays in the programme of works would be poor weather conditions

·  A new proposed completion date of 30^th April 2019 (back stop date) was considered achievable by the developers

·   Monitoring/ update reports would be provided on a monthly basis

·  A suggestion to impose a condition preventing the cinema element from opening in late February/ early March was considered by officers to be unreasonable but restrictions on other retail and leisure floorspace was considered a sensible solution

·  Some weekend working had taken place resulting a clawback of 1.5 weeks

The Panel then heard from Councillor Peter Gruen, Local Ward Councillor

Councillor Gruen informed Members that the developers of the site, Scarborough Developments had worked well overall but correspondence continued to be received from local residents concerned at the delay in completion of the MLLR. The original completion date was 21^st December 2018, following delays to the programme a new backstop date of 28^th February 2019 was suggested. It was now understood that the completion date had now slipped to 30^th April 2019. Councillor Gruen said the programme had slipped 4 months in a period of 2 months with mine entries, poor weather conditions and complications with the bridge contractors all put forward as causes for delays in completion of the scheme.

Questions to Councillor P Gruen

·  The new back stop date of 30^th April 2019, was it achievable

·  In your opinion what were the causes for the delay

·  Was it too late for a more robust monitoring process

In responding to the issues raised, Councillor P Gruen said:

·  I hope the MLLR can be completed by that date, but a realistic incentive needs to be set for the developer

·  Members had already been made aware that mine entries, poor weather conditions and complications with the bridge contractors all contributed to delay of the scheme, but also certain sections of the scheme were prioritised over others resulting in other sections of the MLLR not being delivered at the same rate.

·  Councillor Gruen suggested that it was late in the day for a more robust monitoring process but it was hoped that through the monitoring process reassurance could be provided. Pressure needs to be kept on the contractors to complete the job

Questions to the Developer

·  Was the monitoring regime sufficient

·  Could any reassurance be provided around the remaining work programme

·  In terms of the frequency of the updated progress of works (monitoring reports) could these be provided on a 3 weekly basis in order to keep Panel informed

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

·  Members were informed that the monitoring regime was sufficient, meetings were held every 4 weeks, on site with contractors and LCC Highway officers in attendance

·  Members were informed that a number key issues were complete: works to cap the mines entries and the railway bridge were now finished, the only foreseeable delays may arise as a result of poor weather

·  Officers confirmed that updated progress of works (monitoring reports)  would be provided every 3 weeks with Panel Members being kept informed

In offering comments Members raised the following issues:

·  The developers were dismissive of the issues around timing and the delivery of the MLLR but were now doing all they could to progress the scheme

·  There must be robust monitoring arrangements in place, this was an exercise in lessons learnt

In summing up the Chair thanked Local Ward Members and the applicants for their attendance and contributions. The Chair suggested delays in the completion of the MLLR was disappointing but the main issues which had caused the delay had now been completed and it was hoped that the completion date of 30^th April would be achieved.

RESOLVED – That the application be deferred and delegated to the Chief Planning Officer for approval subject to the conditions specified in Appendix 2 of the submitted report and with an amendment to Condition No.50 requiring an updated programme of works be submitted to the Local Planning Authority on a 3 weekly basis(and any others which he might consider appropriate) and the completion of a Deed of Variation to the existing Section 106 Agreement, so the obligations apply equally to the varied permission (Appendix 2 referred). The obligations to be contained in the Deed of Variation 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 not having 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.