Agenda item

To consider a report by the Chief Planning Officer which sets out details of an outline application with all matters reserved except for access, for the creation of a new community comprising up to 800 dwellings, a food store (A1) (up to 372 sq.m), primary school and public open spaces at Land off Racecourse Approach, Wetherby, LS22.

(Report attached)

With reference to the meeting held on 29th August 2019 and the decision to

“ defer and delegate to the Chief Planning Officer for approval subject to the submission of an amended Masterplan and Access Parameter Plan and following the delivery of a vehicular access into the site from York Road to meet the SAP Site Requirements (mechanism by which the vehicular access can be delivered by the applicant and how this is controlled be through the Section 106 Agreement or by condition (whichever is most appropriate) and subject to the conditions specified in the submitted report (and any other conditions which the Chief Planning Officer may consider appropriate) and the completion of a section 106 Agreement to cover the obligations set out in the report dated 29th August 2019”.

The Chief Planning Officer now submitted a report indicating that it had not been possible for the applicant to secure a vehicular access across the third party land in the south western corner of the allocation as the landowner shows no signs of wishing to develop their part of the allocation at the present time, although improvements for cyclists and pedestrians can still be delivered. Alternatives had been discussed and the applicant could deliver a bus gate into the site from York Road which would enable development of the site to proceed.

The Planning Case Officer reported the receipt of further representation from: the Wetherby Civic Society who expressed concern about the lack of a safe route for students attending Wetherby High School and the avenue of protected trees along York Road should be retained. Better Wetherby were also of the view that the avenue of trees be retained.

The Panel heard from Councillor A Lamb and Mr P Catton (Better Wetherby) who were objecting to the application

Councillor Lamb said the SAP allocation was subject to a number of conditions: the avenue of trees must be retained and full vehicular access to the site is required that meets accessibility standards. It is understood the land owner in question is unwilling to sell, therefore full vehicular access cannot be achieved. This application does not need to be rushed, time needs to be taken to find a proper solution.

Mr P Catton supported the comments made by Councillor Lamb and added that it was all too easy to give into developers on highway matters, the conditions of the SAP must be adhered to. He also expressed concern about the lack of a safe route for students attending Wetherby High School.

There were no questions to Councillor Lamb or Mr Catton

The Panel heard from Mr M Johnson (Applicant’s Agent) who spoke in support of the application.

Referring to the meeting of 29^th August 2019 Mr M Johnson said that strong conditions had been drafted and there was also the obligations within the Section 106 Agreement, however there remained a mild problematic issue in terms of access to the bottom corner of the site. An alternative access arrangement had been identified (the provision of a bus gate), if Members were supportive of the proposal and outline permission was granted then the Masterplan could be delivered.

Questions to Mr M Johnson

·  Had the developers pursued any offers of land options with the owners of the SW corner of the SAP allocation

·  The majority of Members were of the view that 3 access points were required for this site 

In responding Mr M Johnson said

·  Members were informed that the land owner was not willing to sell at this stage therefore full access to the bottom corner of the site could not be delivered, but bus access was achievable from York Road

·  The LCC Highway officer confirmed that 3 vehicular access points should be provided

In offering comments Members raised the following matters:

·  The majority of Members were of the view that a vehicular access is required for this site from the SW corner, off York Road

·  Members expressed the view that the avenue of protected trees be retained

·  It is important that the conditions of the SAP are met

·  The land ownership issue needs to be pursued by the applicant , it should not become a problem for the City Council

·  The option to provide a bus gate and not full access to the site is not acceptable

·  Panel’s previous resolution in respect of this application should be adhered to

It was moved and seconded that the Panel’s previous resolution in respect of this application should be adhered to

The Chair thanked Ward Members, representatives from Better Wetherby and the applicants representative for their attendance and contributions, commenting that it appeared to be the view of Members that the Panel’s previous resolution in respect of this application should be adhered to

RESOLVED –

(i)  That the contents of the report be noted

(ii)  To note the continuing issues around vehicular access to the site

(iii)  To reaffirm that progression towards granting Outline Planning Permission (17/02594/OT) remains in accordance with the resolution made at the meeting held on 29^th August 2019