Agenda item

The report of the Chief Planning Officer presents an outline application for residential development of 23 dwellings (details of access, appearance, layout and scale submitted, landscaping reserved), including provision of a new access onto Killingbeck Bridge at Land Off York Road, Killingbeck Bridge And Selby Road, Leeds LS14 6AU.

(Report attached)

The report of the Chief Planning Officer set out an application for an outline application for residential development of 23 dwellings (details of access, appearance, layout and scale submitted, landscaping reserved), including provision of a new access onto Killingbeck Bridge at Land Off York Road, Killingbeck Bridge And Selby Road, Leeds LS14 6AU.

Slides and photographs were shown to the Panel throughout the presentation by officers.

Members were informed of the following points:

• This is a brownfield site and was formally the Highways depot;
• The site has been cleared of trees which had self-seeded and also some trees have been removed on the periphery of the site;
• It was noted that the bollards that close off access to Killingbeck Bridge  are to remain;
• The Panel were advised that a previous application had not been approved as it was the view that the site was being overdeveloped;
• The current application would see 23 units developed on the site;
• Discussions had taken place with Ward Members about access to the site. It was noted that Ward Councillor Dye had raised an objection in relation to access from Diadem Drive and issues of noise. Members were advised that there may be an opportunity to look at access though the site of the Highways flats which are due to be demolished. At this time there is no specified date for the demolition and there are still residents living in the flats. It was thought to be appropriate that access could be off Killingbeck Bridge;
• It is proposed that there will be sufficient parking spaces for future residents and for their visitors;
• There is to be no affordable housing on this site or a financial contribution towards off-site greenspace. An assessment by the District Valuer of the submitted viability appraisal supported the conclusion that the development could not stand the costs associated with these planning policy requirements;
• The proposal is for a modern housing type which would work well in the character of the area and would be an improvement to the street scene of the area;
• The revised number of 23 units is thought acceptable;
• It was recognised that some trees would be lost, but more trees would be planted on a 3:1 ratio in accordance with policy. The specifics of the planting would be agreed at reserved matters;
• It was the view that the benefits of this development outweighed any adverse impacts.

Mr Gillies a resident of Diadem Drive attended the meeting to raise concerns in relation to the access of the site via Diadem Drive. Mr Gillies was of the view that to use Diadem Drive would double the traffic on this already busy road and increase noise. Mr Gillies said that this issue had been ongoing since 2014, when an application for this site had first come to Panel.

He informed the Panel that Killingbeck Bridge currently had bollards on it. Mr Gillies did not think that a one way system on Diadem Drive would be appropriate.

Ward Councillor Dye was also in attendance at the meeting and raised her concerns in relation to the access issues, which would see the traffic double in trying to access on to York Road.

Councillor Dye said that she was disappointed that there would be no contribution to affordable housing or greenspace.

Cllr Jenkins declared an interest at this point, as Ward Councillor for Killingbeck and Seacroft, but had attended the meeting (and approached consideration of the application) with an open mind.  Cllr Jenkins confirmed that he had left representation of the interests of Ward residents to Councillor Dye with regards this application.

Cllr Jenkins said that the Highways flats were due to be demolished in Summer 2021, and suggested that this application be deferred until issues were more apparent.

Member’s discussions focussed on the access to and from the proposed site.

The applicant’s agent Mr Everett attended the meeting and informed the Panel of the following points:

• This has been a difficult site which had been in the system for four years. It had been challenging in design and amenity and comprised of a small number of dwellings;
• The constraining features of the site, including ground work / remediation required, drainage required etc.
• In re-submitting this application the developers had looked and checked all the policy in relation to design;
• Access from the site had been an issue for the previous application with concerns raised by both residents of Diadem Drive and Councillors. In response to these concerns access has now been moved on to Killingbeck Bridge, this has been done in discussion with officers.

Member’s discussions included:

• Site Allocation Plan for this site;
• The viability of this site;
• Impact on access to this site and impact on to York Road;
• Lack of S106 contributions.

Members suggested that this scheme may benefit from a Viability Review Clause such that if the viability position improved over time, policy-compliant contributions could be sought from the developer. The District Valuer – Brain Maguire provided an explanation on how calculations were undertaken for the Valuation Appraisal, including estimation of land values and calculation of profit margins.  It was explained that the small nature of this scheme in terms of the number of residential units and shorter build-out time would mean that the uplift / change in viability position over time would be unlikely, such that little benefit may be found from including a Viability Review Clause.

It was noted that the scheme would be required to contribute to the Community Infrastructure Levy (CIL) but this is not a material consideration for Members.  However, the scheme was not viable so that it was expected to provide further through S106 contributions.

In response to questions from Members, Officers provided the following information:

• While there may be plans for the Highways flats in the future (and indeed other sites in the vicinity), Members attend Panel to determine the applications before them and what actually comprises the proposal, rather than any alternative options or based on speculation of what may come forward in the future;
• Highway Officers had been consulted with regards to the proposal in the usual way and raised no concerns regarding the access proposed and impact on the surrounding highway network;
• The proposed houses do comply with the space standards policy;
• The Viability Review Clause would be discussed with the developer. However, it was noted that this may be difficult due to the short build time and small scale of the development proposed in terms of the number of residential units;
• If Members wished for a Viability Review Clause to be negotiated with the developer, then it could be considered that the review would take place at a stage such as 75% of construction having been completed onsite, so as to give the developer the maximum opportunity for some profit to be recouped;
• It was noted that access via Killingbeck Bridge did meet technical highway requirements. Members were advised that there had been 1 traffic collision which had resulted in slight injury, but there was no evidence to suggest that the junction was dangerous.
• The Plans Panel noted that on page 69 of the agenda pack it noted greenspace contribution would have been due to the Council of £154,800, alongside provision of 3 no. affordable housing units.  However, the viability situation is such that provision of these requirements is not possible.

RESOLVED - To defer and delegate to the Chief Planning Officer subject to the conditions specified in the report (and amendment to the same or addition of any that the Chief Planning Officer deems necessary), with an agreement to be formed with the applicant for a Viability Review Clause through a S106 agreement.