Agenda item

To consider a report by the Chief Planning Officer which provides an update on Application No. 18/05017/FU - 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 provided an update in respect of an application for the removal of Condition 50 (MLLR delivery) of approval 16/07938/OT on land between Barrowby Lane and Manston Lane, Thorpe Park, Leeds.

Members noted that this report had been submitted as part of the agreement to bring regular updates to Panel regarding the Manston Lane Link Road (MLLR). 

At the last meeting, Members were informed that there had been a slight slippage to the schedule with an anticipated completion for the MLLR project of 18^th April 2019. In the latest update it was reported that the completion date continued to slip, the proposed revised completion now being 30^th April 2019.

The Chair invited Councillor P Gruen, local Ward Member to address Panel.

Councillor Gruen said that as one of the local ward Councillors he had had a good long standing relationship with the developers of the Springs Project. However, the delivery of the MLLR scheme had not gone so well and had over time seen the management of the project spiral out of control.

The regular reporting at each meeting since January had been helpful in that it has provided first hand evidence regarding progress. Sadly it was noted that at every meeting further delay had been reported and so it is again this time. We have now slipped from a very generous 9th April end date, first to mid-April and now to the end of April; with a reference to end of May even.

Councillor Gruen said his constituents, who have been very patient, had now become very vocal on social media in their incredulity how professional contractors can preside over such a disastrous situation.

There was clearly a total lack of rigour in the forward planning and these systemic failures point to a massive failure in control.

He suggested there were implications for the Planning department and Plans Panel. It must be deeply uncomfortable to continually present reports to Panel which indicate that the previous report has been flawed; not once, but repeatedly. Members had given a very well respected developer the benefit of the doubt time and again.

He said there were lessons to be learnt from this process and he would like to see a proper review established which analyses how this situation developed over time, whether the planning system exerted sufficient control and whether at various stages a more comprehensive response would have been helpful.  In addition, Councillor Gruen suggested whether some thought could be given in future to analysing the deliverability record of developers before consent is granted.

Questions to Councillor P Gruen

·  What had been the impact of the delay on the local community?

·  What lessons are to be drawn from this project? 

In responding to the issues raised, Councillor Gruen said:

·  There was a commitment provided that no house building would take place on the Barnbow Site until such time the MLLR had been delivered, at that time the proposed completion date was October/November 2018. Luckily no housing developers had come forward wishing to start building during this period. Hopefully the road would now be finished before further house building takes place.

·  The lessons to be taken away from this project are that appropriate controls, checks and balances must be put in place. Any late completion should result in financial penalties to the contractor/ developer

Questions to the Developer

·  What do you consider to be the core reason for the delay in completion of the project?

·  Last winter was the mildest in some time. Poor weather conditions should be built into any contingency, was it not possible to increase the working hours?

·  Could a guarantee be provided that the MLLR would be completed by the end of April 2019?

In responding to the issues raised, the developer said:

·  The completion of the railway bridge delayed progress by a number of weeks. There was also periods of wet weather resulting in further delay because some of the materials could only be laid in dry conditions.

·  There was also a significant amount of mine workings/ obstacles which required capping or removal. This was a complicated earthwork project which had possibly been underestimated at the planning stage.

·  It was reported that additional working hours were delivered but certain earthworks could not be progressed in periods of wet weather.

·  The current position on-site is that the tarmac has now been laid, white lines applied and the pedestrian footways are operational.

·  Members were advised that no guarantee could be offered, the works need to be signed off before traffic could flow, but it was anticipated that traffic would be running by 30^th April 2019.

·  Members were thanked for their ongoing support throughout and pragmatism in how the situation has been responded to and dealt with.

In offering comment the Chief Planning Officer said that learning points had been taken from the situation that had arisen with MLLR, even if there has been no formal review and record made of this. Appropriate controls, checks and balances had been put in place as part of the original planning permission, which have also been added to as the situation has developed.  Instituting a better process for the provision of updates and feedback earlier on may have been beneficial, but planning is always something of a ‘blunt’ instrument and ongoing problems have to be dealt with appropriately as they arise.

Councillor Cohen said he was disappointed that the Panel had agreed to allowing the cinema to open before completion of the road which in his view had taken the pressure off the developer to complete the road as quickly as possible.

In offering comment Councillor P Gruen said that an honest appraisal of the situation was required. Incremental delays had been very damaging and this was not acceptable.

The Chair thanked the developers for their attendance and for responding to Members questions. The Chair wished the developers every success in completing the scheme

RESOLVED –

(i)  That the contents of the report be noted.

(ii)  To note that revised anticipated completion for the MLLR project was now 30^th April 2019.