Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application for electric vehicle charging facility (Sui Generis) and retail unit (Use Class E) with associated access, parking, servicing, and landscaping areas at the site of the former White Bear, Dewsbury Road, Tingley WF3 1JY.

The report of the Chief Planning Officer presented an application for electric vehicle charging facility (Sui Generis) and retail unit (Use Class E) with associated access, parking, servicing, and landscaping areas at the site of the Former White Bear, Dewsbury Road, Tingley, WF3 1JY.

Photographs and slides were shown throughout the officer presentation, and the following information was provided:

·  The proposal includes 18 standard sized ultra-rapid charging points to be located on the eastern side of the site. A small retail unit with toilets to be located to the west, within the footprint of the previously demolished White Bear Public House. There will also be 1 extended charging point bay for larger vehicles, 19 charging points in total.

·  The former White Bear Public House was demolished in 2017 and the site is now cleared and a brownfield site. The vast proportion of the site is hard surfaced.

·  The site is hard surfaced and lies immediately adjacent Tingley Common Roundabout, Bradford Road and Tingley Road.

·  The site is subject to two Tree Preservation Orders (TPOs).

The site access is currently blocked off for vehicular use to Dewsbury Road and the A650.

·  A Public Right of Way, non-definitive Footpath/Morley and the proposed site plan indicates pedestrian access through the site would be retained.

·  Numerous applications were made for a drive thru restaurant, and all were refused planning permission. One of which went to an appeal.

·  The proposal includes amendments to the two existing access points to provide an entry and exit at A650 Bradford Road and A653 Dewsbury Road, respectively. The highway works will require a S278 Agreement (likely to be under minor S278 procedure) with the works to be fully funded by the developer. It is considered that a one-way system is acceptable.

·  The facilities are available for use 24/7, every day of the week.

·  There are a number of trees to be removed as part of the proposals. Separate to that, a traffic improvement scheme is to be implemented on the Tingley roundabout as part of the Capitol Park employment scheme (20/08521/OT) where the Dewsbury Road arm will gain an additional lane and thus widened westwards to accommodate this plus a new pedestrian / cycle lane. This would have major implications for existing trees in that the embankment will be removed by the proposal. The applicant is compensating trees on a 3:1 basis and offering a sum for the tree loss. 72 trees will be planted elsewhere and secured through a S106 Agreement,  the sum is yet TBC.

·  The proposed retail unit is modest and there will be canopies above the electric vehicle charging points.

·  The application site was occupied by a public house and has extensive hard surfacing remaining. The proposals are positive in relation to green infrastructure and lowers carbon emissions in general. The retail unit is an ancillary function rather than a ‘destination’. This is intended for when people are charging their cars and want to get a coffee or go to the toilet.

·  The design and scale are considered proportionate. The retail unit is to be constructed of brick and glazing with a green roof. The unit is also screened from residential properties and has acoustic fencing and screens.

·  No protected species have been found on-site.

·  The vacuum, air and water facilities will be limited in terms of its use.

·  Include noise management plan, ecology conditions, landscape and ecology management, no trees removed during bird nesting season, details of bat boxes to be provided.

·  The applicant has carried out pre application and community consultation, as well as leaflet drops and provided information on their website. Feedback has been considered from residents.

·  Overall, it is considered that the proposals are a sustainable form of development, provide a green infrastructure transport network and lead to low carbon emissions.

A speaker attended the meeting opposing the application, and explained he is a local resident of 32 years and formerly a Chief Engineer of Leeds City Council. The objector advised Morley Town Council on all the previous planning applications relating to a drive thru restaurant and objected to petrol filling on-site. He acknowledges the application is sustainably different to the original application. However, his main concern related to the egress points and visibility display. He explained that in relation to the previous appeal, the Inspectors decision on the proposed access arrangements were accepted, including adequate visibility displays and anti-skid on surfacing. The transport assessment included achievable display provided at the egress point. The applicant proposes a smaller visibility display, based on a speed survey 50m to the south of the proposed egress. Typically, on a 40mph road, the speed readings are measured 120m from the egress point and not 50m. It is believed that the provision and maintenance of the proposed visibility display does not achieve maximum safety.

Further to a question from a Panel Member regarding similarities of the proposals compared to previous planning applications, the objector explained it is similar in that it has the same access arrangements. However, differs from previous schemes and is more low-key compared to a drive-thru restaurant. The objector was not sure whether the proposals can be justified against the former public house use.

Representatives in support attended the meeting, and provided the Panel with the following information:

·  New electric vehicle charging infrastructure is needed nationally. In the North of England alone, it is estimated that up to 26,000 rapid charging points are needed by 2025. There is an emphasis on providing locations next to strategic road networks. The proposals provide a small contribution in meeting that target.

·  19 ultra-fast charging points will charge electric vehicles in under 30 minutes.

·  The proposed small retail unit will provide refreshments for those charging their car.

·  The location is highly accessible and will serve the local community. It is within easy access of the M62.

·  The proposals have received general support of a re-development of a brownfield site and 75% of respondents to an online survey provide support of the proposals.

·  There has been an attempt to retain as many trees as possible, but some do need to be removed. The applicant is proposing replacement trees on-site and there is a need for off-site tree planting, and this is proposed on a 3:1 ratio. The applicant will liaise with Morley Town Council on any upcoming local projects.

·  There are no adverse impacts on nearby residents.

·  No jet wash is proposed, only vac, air, and water.

·  The applicant has worked collaboratively with LCCs Highways Team, and all elements of the scheme comply with current guidance.

·  The proposals meet local and national planning policies.

Responding to questions from Panel Members, the representatives confirmed the following:

·  In terms of background noise and the cumulative impact on the surrounding environment, it was confirmed that the noise is 6 decibels below background noise of the current situation. Also, all deliveries will be happening at the same time.

·  Further to concerns regarding highway safety on access and egress arrangements, it was confirmed that they are the same to the previous drive-thru restaurant scheme that went to an appeal and ultimately there were no objections in relation to the arrangements. The Inspector considered it acceptable subject to mitigation work.

·  Standard parking spaces are also proposed on-site for people who do not visit and do not have an electric car, and for people waiting for a space. Further to this, a suggestion was put forward that the applicant consider a digital board advising where charging spaces are available. Further to this, officers confirmed Condition 16 can be amended to include that suggestion.

·  Details of the trees to be planted, will be confirmed following negotiations. The trees on-site are automatically protected by a TPO and the maintenance of trees off-site is covered in the contributions of the S106 Agreements. Monies factor in allowances for replacement tree planting, as well as maintenance and watering.

Further to questions to officers, the following was confirmed:

·  Clarity on the weight applied to the previous appeal decision. It was confirmed that officers have looked at the scheme and aware of the limitations on-site; in accordance with the speed survey undertaken, the visibility display is considered acceptable. The weight applied to the Inspectors decision is material, but Panel Members are not bound to it, and it is up to Members to conclude their own weight on their decision.

·  The opening hours of the retail unit is a commercial decision taken by the applicant. It takes a period of 20-30 minutes to charge your car, and the retail unit provides some convenience and attractiveness for customers to do something or go to the toilet. It is considered that the retail unit will have low level of usage through the night.

·  Further to additional concerns regarding the visibility display, officers confirmed that vehicles coming around the roundabout will have sufficient time to stop if they must and there is likely to be standing traffic there on occasions. There is sufficient forward visibility provided and there is enough time to react to changes in-front of drivers.

·  Further to concerns regarding maximising the use of the retail unit, officers confirmed that a condition can be included for net retail floor space and the applicant would have to apply for planning permission if they wanted to change that.

RESOLVED – To grant planning permission as per the officer recommendation, including:

·  To amend condition 16 to include means/signage to ensure that traffic flows within site cannot be reversed.

·  To include an additional condition to ensure the area of retail space cannot be enlarged without a further application.