Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding a hybrid Planning application including detailed application comprising the demolition of existing buildings and structures; earthworks to form development platforms, drainage features, embankments and bunds; strategic landscaping, alteration of existing access road, including works to existing Topcliffe Lane and junction with A653 and construction of new access road, to serve employment development. The outline application comprises the construction of employment floorspace (Use Classes B2 and B8 with ancillary office) and associated servicing and infrastructure including car parking, vehicle, pedestrian and cycle circulation, landscaping and ecology works, noise mitigation, drainage features and all associated infrastructure

The report of the Chief Planning Officer presented a hybrid planning application including detailed application comprising the demolition of existing buildings and structures; earthworks to form development platforms, drainage features, embankments and bunds; strategic landscaping, alteration of existing access road, including works to existing Topcliffe Lane and junction with A653 and construction of new access road, to serve employment development.  The outline application comprises the construction of employment floorspace (Use Classes B2 and B8 with ancillary office) and associated servicing and infrastructure including car parking, vehicle, pedestrian and cycle circulation, landscaping and ecology works, noise mitigation, drainage features and all associated infrastructure.

The application had been deferred at the meeting held in May 2022 for further discussion between officers and the applicant regarding the maximum massing and heights of the building and concerns regarding noise and light pollution.

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

Further issues highlighted in relation to the application included the following:

·  There had been further discussion regarding the parameters for maxim height and massing of buildings to be situated in parcel 3 of the site and mitigating measures for noise and light pollution.

·  There was a reduction in the proposed heights from 22.4 metres to 18.5 metres.  It would not be feasible to have a 15 metre height limit.

·  Indicative layouts and shadowing diagrams showed that there would be a minimal impact on residential amenity.

·  There had been 50 additional representations since the last meeting.  These did not raise any new material planning considerations.  There had been further objections from local Ward Councillors.

·  Environmental Health had been consulted and were satisfied with the proposals subject to conditions.

·  The closest residential properties were 85 metres away.

·  Slides were shown displaying the landscaping scheme after 5 years and 10 years.  The scheme would be almost completely screened by the landscaping after 10 years and there would be no over dominance after 5 years.

·  An indicative light spill plan had been produced and there had been a strengthening of conditions for light and noise pollution.  These issues would be dealt with at the reserved matters stage.

·  The applicant had carried out an updated noise and vibration assessment and had proposed significant measures including landscaping and acoustic fencing.

·  This was a significant employment site and issues raised by Members were considered to have been addressed.

·  Environmental Health had carried out light and noise assessment concluded that guidelines would be met.  There would be further consideration at the reserved matters stage.

In response to questions and comments from the Panel, the following was discussed:

·  Finer details of the light spillage plan would be due for further consideration at the reserved matters stage.

·  The assessments were based on a worst case scenario and that there would be a 24 hour operation at the site.

·  Noise monitoring indicated that there would be a low impact. Sound levels as detailed in the report were taken on a predicted hourly average.

·  Development of buildings would be done under the reserved matters application then a full noise assessment could be carried out .

·  Further discussion could be held with the applicant regarding the slope in between parcel three and the housing and if it could be raised to provide better screening.

·  Concern that there would be noise disturbance due to vehicular movements at the site.

·  Concern that issues surrounding light and noise pollution would not be properly addressed at this stage of the application.

·  The proposals would be in breach of the Council’s Climate Emergency declaration.

·  Noise disturbance for local residents would be intolerable.

·  This was the wrong kind of employment use for this site.

·  A motion was made to refuse the application and this was seconded.  The Legal Advisor informed the Panel that this would have to be a deferral for officers to prepare reasons for refusal and then be brought back to Panel for determination.

·  The application had evolved and improved and previous issues raised by the Panel had been resolved and a condition for increasing the height of the bund/slope for screening would be helpful.

·  There still needed to be further work on noise mitigation.

·  Concerns remained due to the proximity to residential housing.

·  The reduction of the height on buildings on parcel three was welcomed and a significant improvement and a worst case scenario of the noise and light pollution was considered to be acceptable.  It was felt that the proposals met policy guidelines and there were no reasons to refuse the application.

·  Although the height reduction was an improvement there were still concerns regarding noise and light pollution and this will have a significant impact on residential amenity.  This could not be supported with the 24 hours of operation.

·  There was a need to get an agreement for the bund to be raised.

·  This was an allocated employment site, the panel had been advised it was policy compliant and that noise attenuation would be satisfactory.

·  There needed to be a high quality landscaping scheme.  It was reported that the landscaping scheme would be controlled by conditions.

·  There would be the planting of 10,000 trees which would be part of the landscaping conditions.

·  A condition could be imposed which required vehicles to have quieter reversing warnings.

The earlier motion that it be minded to refuse the application on the grounds of impact on residential amenity due to light and noise and the height and size of the buildings and also that it is contrary to the Council’s declaration of Climate Emergency was voted upon.  The vote was not carried.

A subsequent motion to move the officer recommendation was seconded with additional conditions.

RESOLVED – That the application be deferred and delegated to the Chief Planning Officer for approval subject to the specified conditions outlined in the report (and any others which he might consider appropriate); the completion of a S106 agreement; and consultation with the Secretary of State.

The Section 106 Agreement shall include:

·  Provision of a Site Wide Management Company

·  Provision of Biodiversity Improvements and a Management Plan;

·  Provision of Open Space Management Plan;

·  Deed of Variation to Historic S106 Floorspace Restrictions;

·  Provision of a Travel Plan, including £10,567 monitoring fee;

·  Local Employment Initiatives, including £45,000 contribution towards The Ahead Partnership and £50,000 towards an Apprenticeship Fund;

·  Scheme to deliver the off site highways works at M62 junction 28 improvements through a s278 Agreement;

·  Contribution of £700,000 towards off site highway works A653

Dewsbury Road southbound bus gate;

·  Junction improvements contribution £328,890;

·  Contribution for shared footway and cycle path improvements £146,750;

·  The planting of 10,000 trees; and

·  Provision and implementation of a new publicly accessible park and future maintenance as part of the Proposed Development.

In the circumstances where the Section 106 has not been completed within 3

months of the Panel resolution to grant planning permission, the final

determination of the application shall be delegated to the Chief Planning Officer.

Additional conditions:

·  To limit the noise from vehicle reversing warnings.

·  Further discussion with the applicant regarding the bund height which was closest to residential properties.