DELEGATION REPORT

REPORT OF THE CHIEF PLANNING OFFICER

WARD: Moortown Application: 15/04521/FU

Address: Meanwood WMC 35 Stonegate RoadMeanwoodLeedsLS6 4HZ

Applicant: Hillcrest And Louis Homes Ltd

Proposal: Demolition of existing working mens club; residential development 54No. units and replacement working mens club

Application advertised by means of:Site Notice 21 August 2015Advert Posted 20 August 2015Neighbour Notification letters posted 25 November 2015Publicity Expires on 6 October 2015

Panel member made recommendations to defer and delegate approval to Officers subject to the prior completion of a Sec.106 Agreement (affordable housing, METRO cards, greenspace, real time bus stops, and greenspace contribution) agreed.

Report of the Chief Planning Officer

PLANS PANEL NORTH & EAST

Originator: Aaron Casey

Tel: 0113 247 8059

Date: 3 December 2015

Subject: APPLICATION 15/04521/FU – Application for demolition of existing working men’s club; residential development of 54 units and replacement working men’s club at the Meanwood WMC, 35 Stonegate Road, Meanwood, Leeds, LS6 4HZ

APPLICANT DATE VALID TARGET DATEHillcrest And Louis Homes Ltd 28 July 2015 24 November 2015

Electoral Wards Affected:

Moortown

Specific Implications For:

Equality and Diversity

Community Cohesion

Narrowing the Gap

RECOMMENDATION: DEFER and DELEGATE APPROVAL to the Chief Planning Officer subject to the conditions set out below and the completion of a Sec.106 Agreement to secure the following:

Affordable Housing at 15% - 8 unitsMetrocard contribution of £25,690.50Real time bus stop at £10,000Travel Plan monitoring fee of £2,500On-site in lieu Greenspace contribution of £164,710.52

In the circumstances where the Sec.106 has not been completed within 3 months of the determination the final determination of the application shall be delegated to the Chief Planning Officer.

1. Time limit on full permission;2. Development carried out in accordance with approved plans3. Samples of the external building, detailing surfacing materials and details of window frames4. Works management plan5. Details of bins shown on approved plans to be implemented6. Dust suppression7. Mud prevention onto the highway8. Details of boundaries and balustrades9. Phase II Site Investigation

Ward Members consulted(referred to in report)

Yes

10. Remediation scheme11. Verification reports12. New soils to be tested and methodology submitted to the LPA.13. Details of the surface water drainage work14. Vehicular access shall be as shown on approved plans15. Details of cycle/motorcycle facilities16. Parking areas to be laid out, surfaced and drained17. Development shall not commence until details of works comprising (improvements

to Public Footpath No.76 from Stonegate Road for a distance of approximately 50 metres to the large mature protected TPO'd tree, which is to be retained, to provide a clear 2m width and asphalt surface) have been submitted to and approved in writing by the Local Planning Authority. 18. Travel Plan 19. Cycle wheeling ramp 20. Landscape details/implementation/management plan/tree protection/retention 21. Restriction of hours of operation 22. Restriction of collections/deliveries to the WMC (08:00 hours to 18:00 hours Monday

to Saturday,with no deliveries or collections on Sundays and Bank Holidays) 23. Restriction of opening hours to WMC (he Working Men's Club hereby approved shall only open between the hours of 11:00 hours to 00:30 hours on Monday to Sunday and Bank Holidays) 24. Any plant equipment and sound attenuation shall be submitted for assessment by t

the LPA 25. Sound attenuation for the WMC 26. Management plan for the WMC (queue management, patron dispersal, patron external smoking and site/staff security 27. Method statement for eradication of Japanese Knotweed 28. No further windows to be inserted 29. Opaque glazing to bathroom windows 30. The existing stone boundary wall fronting Stongate Road shall remain be preserved

and other than the amendments shown on the approved plans shall not be altered. In the event of damage the wall shall be repaired and made good in materials to match the existing

31. Electric vehicle charging points 32. Bat survey

1.0 INTRODUCTION

1.1 The application comprises the Meanwood Working Men’s Club and its associated residential element that is located on Stongate Road and at the northern part of the Meanwood town centre. The site is some 0.47 hectres. The proposals before

Members is for a four storey block of apartments with undercroft car-parking, landscaping, gymnasium and communal external areas. In addition a much smaller replacement Working Men’s Club would be sites to the southern part of the site with associated parking at ground level.

1.2 The application is brought to Panel given the scale of the scheme as a major

development and that it would be significant in the context of the local community, thereby having some significant impacts for the local community. The three Ward Members have made no objections to this scheme and have been kept fully aware of the proposals at pre-application stage and during the assessment of the application before Panel Members.

2.0 PROPOSAL

2.1 The proposals relates to the re-development of the Meanwood Working Mens Club (MWMC) site for residential development. The development comprises of the demolition of the existing MWMC and the construction of an apartment block and replacement MWMC.

2.2 The multi-level apartment block would contain 54 x dwellings that is split into 35 x two bedroomed units and 19 x one bedroom units. The units would be set out over four floors. In addition a gymnasium and cycle store would be included within the building. The building would address Stonegate Road.

2.3 The replacement WMC would be a much smaller building than the current social

club and would be single storey in status and located at the southern part of the site addressing Stonegate Road. This part of the scheme would also include manager/caretakers accommodation.

2.4 The associated parking for the residential units is located in an undercroft level which houses 66x parking spaces; this equates to 1 parking space per unit with 11 visitor parking spaces. The spaces would be unallocated. In addition a parking space would be available for the managers residence associated to the replacement MWMC.

2.5 The scheme also provides a small amount of amenity space that is split into communal and private. An off-site commuted sum will mitigate for the level of amenity space proposed.

2.6 Pedestrian access to the apartments can be gained from Stongate Road from 2x entrance bridges and the vehicular access is provided by the existing access point from Stonegate Road.

2.7 The palate of materials comprises:

Red brickworkRender (white)Zinc claddingAluminium claddingAluminium windows, doors, RWG’s, copings, ‘fins’ and louvresGlazed balustrades and glazed curtain walling

3.0 SITE AND SURROUNDINGS

3.1 The site relates to the existing Meanwood Working Men’s club situated on Stonegate Road. The existing building is brick built with the majority of it comprising a flat roof and is of very limited architectural merit.

3.2 The site has a ground level that drops to the rear and from the north. Parking is to the side and rear of the building with a 2.0m high close boarded timber fence to the rear which defines the sites boundary with the residential properties to the rear. A low level stone wall runs along the front of the site which is older than current builing.

3.3 To the north of the site is a public right of way that allows access from Stongate Road to the residential area to the west with a large TPO’d tree sitting in the north-west corner of the site.

3.4 The site is set within the existing District Centre of Meanwood which comprises a Waitrose and an Asda store, together with a variety of other shops and supporting services. In terms of surrounding land use, to the north are the detached and semi-detached dwellings fronting onto Stonegate Road. To the west (rear) is a greater degree housing which is set down below the site. On the opposite side of the road is the Northside Retail Park and other commercial units, while to the south is a vehicle repair garage with the rest of the district centre beyond.

4.0 RELEVANT PLANNING HISTORY:

4.1 The site has been the subject of numerous applications for extensions and alterations, some of which have related to telecommunications equipment. None of these have any material impact on the consideration of the current proposals for residential redevelopment of the site.

4.2 A pre-application enquiry was submitted (PREAPP/15/00215) and the details of such are noted within the section below.

5.0 THE HISTORY OF NEGOTIATIONS

5.1 The applicant’s agents have engaged with the LPA during pre-application discussions (ref. PREAPP/15/00215) to pursue residential development for 52 units on this site. It was agreed from the outset that the principle of residential development was acceptable in this location.

5.2 The pre-application discussion have taken place over a number of months where the LPA required a far reduced scale of development on site, especially towards the rear of the proposed building. It was considered that the proposals submitted at the start of the pre-application process was unacceptable by reason of its design, scale and massing as well as the potential harm to existing residents of the dwellings to the rear of the site. The LPA advised that in particular the form of development on site would need to respond more positively to the site context and needs to have a more domestic appearance.

5.3 Concerns were also raised over the roof form, and that the use of pitched roofs should be explored. The LPA did however note that they would not discount the use of a flat roof subject to detailed design submitted to the LPA for assessment.

5.4 It was also discussed that the working men’s club building could be positioned closer to the site frontage, although the treatment of its south facing wall would need careful consideration to ensure that it does not appear overly dominant and to bland.

5.5 Subsequently revised plans seeking to resolve the initial comments were passed back to the LPA for further assessment. These revisions were discussed with design colleagues and concerns remained in terms of the proposed scale, height and massing, the design, a contextually responsive building and proximity issues to the existing residential properties to the rear and to the north. Highways matters also focused on the scale and impact as the layout provided insufficient parking for a development of the scale and type proposed, increasing the likelihood of undesirable on street parking within the district centre and neighbouring streets, where parking is currently at a premium.

5.6 The applicants and their agents have been mindful of the pre-application advice given and whilst perhaps not seeking a traditional design approach have significantly reduced the scale and massing of the property, achieved greater separation to existing residential properties and responded with acceptable parking provision.

6.0 PUBLIC/LOCAL RESPONSE:

6.1 12 x Neighbour notifications issued 5 August 2015. Major site notices (x2) posted 21 August 2015.Press advert published 20 August 2015.

6.2 Nine letters of support have been received. The points raised as summarised below:

The WMC backs onto the Wickets and has been subject to much conversation about how it doesn't fit in, given the dated look in what is now fast becoming a thriving area. Given the new popularity of the area, the development is welcomed.

I am encouraged by the proposal, it's a modern design that will enhance the surrounding areas and remove the eyesore that exists in the current building without impacting on any of our green areas. I am hopeful this development of residential properties will further promote the increasing popularity of Meanwood.

It would be fantastic to see such a proposal on the site opposite Waitrose too, perhaps mixed use, retail, leisure and residential.

The proposed development would be beneficial to the area, and far preferable to the site being redeveloped for retail purposes.

Materials used in the construction of the flats should be of sufficient quality not to deteriorate significantly over time.

I would like to strongly support this application, it is exactly what the area needs. A well proportioned and simple modern design which will complement the existing context.

I feel the redevelopment of the site will improve the appearance of the area.

The residential land use is appropriate and in favour of development of the brownfield site for this purpose.

6.3 Two general comments (contained within the letters of objection). These are summarised below:

Lack of engagement with the wider community for a reasonable period. Previous comments by the LPA state the an intensive mixed use was desirable

which is not reflected in this application. The application offers no demonstration for local demand for flats. At the community meeting (presented to the community by (ID Planning) it was

implied that the site could be re-developed without planning permission.

6.4 Four objections have been received from No.s 19, 21, 22 and 24 The Wickets. These are summarised below:

Location of bin store in proximity to The Wickets and potential for noise and disturbance.

Loss of privacy resulting from the rear elevation balconies (towards 24 The Wickets)

The terrace to the rear of the proposed WMC does not consider licensing requirements of noise limitations i.e. noise attenuation methods (double glazing/steel doors).

The existing WMC is “sited accordingly based on the likely impacts of an ancillary use” as noted in a previous application for car wash on the site. Therefore the proposed building closer to the residences to the rear is detrimental.

Viability and demand for a new WMC. The proposed apartment building is of a size, scale and height that would

dominate Meanwood centres skyline and the height is out of character within the context of the area.

Over-shading Over-dominance Loss of outlooks from the rear windows of residential properties directly to the

rear. How will the Japanese Knotweed be managed? Noise and disturbance from the communal courtyard and vehicles. Highway safety. Parking provision. Increased levels of air pollution and its potential consequences on health.

7.0 CONSULTATIONS RESPONSES:

7.1 Coal Authority: No objections with recommendations to include an informative advising to the developer to contact the CA in the event that any coal mining features are encountered.

7.2 Metro: Requested contributions to cover real time display systems , that the developer enter into a residential MetroCard scheme to be secured through the s106 (54 x £475.75 = £25,690.50), and a figure of £10,000 for a real time bus stop.

7.3 Environmental ProtectionNo objections subject to conditions

7.4 Contaminated Land: No objections subject to conditions and it is strongly recommended that a detailed scope of site investigation is agreed with the CLT prior to the intrusive works commencing.

7.5 Public Rights of Way: As the full length of the path (No.76 to the north of the site) is quite narrow, there is an opportunity to increase the width from Stonegate Road for approx. 50 metres or as far as the large mature tree protected by a TPO which is to be retained.

The developer should be advised that an increase in width to 2.0m would be achievable here. They should also provide an improved surface (metalled) to a specification to be approved by the Public Rights of Way Section

7.6 Landscape: Conditions to be added.

7.7 Highways: Acceptable in principle and after revisions and additional information Highways are of the view that the access, parking and servicing arrangements are considered appropriate for development of the scale proposed. It is considered that traffic generated by the proposals will have no material impact on the safety and operation of the local highway network.

7.8 Design: The Design Officer advises that he is comfortable with the flat roofed approach and the much reduced scale and mass to the rear than was presented at pre-application stage. Revisions were requested as was clarity and rationale on some elements of the detailing (i.e. the fins). This information was submitted and the Design Officer accepts the changes as requested.

7.9 Ecology: Bat roosting potential report has identified potential presence of bats (“Moderate Potential”) and therefore the need for a minimum of two surveys during the bat activity period (May to Aug/September). Japanese Knotweed also present and will need a condition for its control and eradication.

7.10 TravelWiseNo objections.

In accordance with the SPD on Travel Plans the Travel Plan should be included in the Section 106 Agreement along with the following:

Leeds City Council Travel Plan Review fee of £2,500Provision of Public Transport ticketing

Conditions suggested: Electric Vehicle charging points. 10% of parking spaces should have electric vehicle charging points, Type 2, 32amp. Electric car owners must be able to reserve spaces next to these points.

The travel plan implementation should be secured with a planning condition, andlisted as an approved plan.

7.11 Drainage: It has been demonstrated that a drainage strategy is feasible for this development site and conditions are recommended to deal with surface water drainage.

7.12 Affordable Housing Team : The application site is within Zone 2 which has an Affordable Housing requirement of 15%.

On a development of 54 units the Council expect 8 units to be identified for Affordable Housing, 40% of which would be sub market housing and 60% for Social / Affordable Rent.

The units should be sold to a Registered Providers on the Councils approved list at Benchmark prices as detailed within current policy

8.0 PLANNING POLICIES:

8.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that planning applications are determined in accordance with the Development Plan unless material considerations indicate otherwise.

Local Policy

The Development Plan for Leeds currently comprises: (i) The Leeds Core Strategy (Adopted November 2014). This is the main document of the Local Development Framework (LDF). (ii) Saved UDP Policies (2006) – Appendix 1 of the Core Strategy. (iii) The Natural Resources and Waste Local Plan (2013).

8.2 The plans aim is to guide development and investment decisions and to provide a framework for Development Plan Documents. Following the adoption of the Core Strategy and the Natural Resources and Waste Local Plan, a number of UDP Policies have been deleted which are also identified in Appendix 1 of the Core Strategy. In addition to the saved UDP Policies a number of site specific policies are also saved until they are superseded by the Site Allocations Plan, Aire Valley Area Action Plan or future Development Plan Documents once adopted.

8.3 The below Core strategy and saved UDP (2006) policies, supplementary development documents and national guidance are considered to be relevant to this application.

Core Strategy

General Policy – Sets of presumption in favour of Sustainable DevelopmentSP1 - Location of developmentSP6 - The housing requirement and allocation of housing landH2 - New housing development on non-allocated sitesH3 - Density of residential developmentH4 - Housing mixH5 – Affordable housingP2 – Acceptable uses within and adjacent to town centresP10 - DesignP12 - LandscapeT2 - Accessibility requirementsG4 – New Greenspace provisionEN1 – Climate changeEN2 – Sustainable design and constructionEN5 – Managing flood riskID2 - Planning obligations

Saved UDP (2006) GP5 - General planning considerations

N23 – Open space around new developmentN25 – Site BoundariesT7A – Provision of secure cycle parkingT24 – Parking (guidelines in Appendix 9 of the UDP)BD5 – New buildings and amenityLD1 – Landscaping

- Neighbourhoods for Living: A guide for residential design in Leeds (Dec 2003).- Street Design Guide (2009)- Travel Plans

- Supplementary Planning Guidance 6 – Self Contained Flats

Site Allocations PlanThe site is identified within the site Allocations Plan (SAP) for Phase 1 housing (plan reference MX2-3). The SAP is at an early stage and as such little weight can be attached to it as a material planning consideration. Further consultation will take place later this year when the latest draft will be placed on deposit for consultation

National Planning Policy Framework (2012):

8.3 This document promotes sustainable (economic, social and environmental) development. The below sections of the NPPF are considered relevant:Section 1 - Building a strong, competitive economySection 2 - Ensuring the vitality of town centresSection 4 - Promoting Sustainable transportSection 6 - Delivering a wide choice of quality homesSection 7 – Requiring good design

Guidance on conditions is provided within the Planning Policy Guidance.

DCLG - Technical Housing Standards 2015]8.4 The above document sets internal space standards within new dwellings and is

suitable for application across all tenures. The housing standards are a material consideration in dealing with planning applications. The government’s Planning Practice Guidance advises that where a local planning authority wishes to require an internal space standard it should only do so by reference in the local plan to the nationally described space standard. With this in mind the city council is currently developing the Leeds Standard. However, as the Leeds Standard is at an early stage within the local plan process, and is in the process of moving towards adoption, only limited weight can be attached to it at this stage.

In this instance the proposal consists of 54 units that are split into 35 x two bedroomed units and 19x one bedroom units.

The technical housing standards provide a table that sets out the minimum gross internal floor areas. This table advises that one bedroom properties providing for two persons at a single storey (i.e. non-duplex apartments) should provide 50 sq/m whilst two bedrooms providing for four persons should provide 70 sq/m.

The submitted plans show that the two bedroom units would have bed spaces for up to four people therefore the 70 sq/m is considered appropriate.

Unit Type National Standard (no.beds/people)

Complies?

1 Bedroom(2 person)

1b/2p = 50 sq/m All but for two of the proposed units would fall below the standard with a deficit ranging from 2 sq/m to 13 sq/m.

Two units would exceed the standard by 1 sq/m and 4 sq/m

2 Bedroom(4 person)

2b/4p = 70 sq/m The proposed units would fall below the standard with the deficit ranging from 7 sq/m to 15 sq/m.

Community Infrastructure Levy

8.5 The site falls within Residential Zone 2b with a net gain of 2604 sq/m internally at a charge of £45 for residential, 386 sq/m at a charge of £45 for social housing and all other uses (i.e. the WMC) at 332 sq/m at a charge of £5. This development is CIL liable and is likely to generate a CIL charge of £53,374.26. The payment of CIL is non-negotiable, except in exceptional circumstances, and consequentially is not material to the determination of the planning application. Accordingly this information is presented simply for Members information.

9.0 MAIN ISSUES

1) Principle of Development2) Character and appearance 3) Residential amenity4) Highway matters5) Landscaping6) S106 package/CIL7) Other matters8) Conclusion

10.0 APPRAISAL

Principle of Development

10.1 The application site is located within a wider established area of a residential settlement and is in current use as Meanwood Working Mens Club (WMC) with associated car-parking and a residential element for the clubs manager. The site falls just within the town centre of Meanwood which gives way to a wider expanse of residential development to the west and north.

10.2 This proposal seeks planning permission for 54 flats (35 x 2 bedroom and 19 x 1 bedrooms) with 66 under-croft car-parking spaces, a cycle store and on-site gymnasium. In addition, a smaller replacement WMC (some 2500 sq/ft or 232 sq/m).This element of the proposal would also have one residential unit at first floor to cater for the WMC’s manager and provide 11 car-parking spaces at ground floor (external).

10.3 The National Planning Policy Framework (NPPF) identifies one of its core principles as encouraging the effective use of land by reusing land that has been previously

developed (Brownfield land). This application refers to residential development on land that has previously been developed and as such can be regarded as Brownfield. It is considered that in light of the Brownfield status of the site and that it sits within what can be regarded as a transitional location in respect of the district centre and residential areas and therefore a sustainable location the principle of residential development is acceptable subject to all other materials planning considerations.

10.4 In the Ministerial foreword of the NPPF it states that development that is sustainable should go ahead, without delay – a presumption in favour of sustainable development that is the basis for every plan, and every decision.

10.5 Paragraph 9 of the NPPF advises that pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, inter alia:

● making it easier for jobs to be created in cities, towns and villages;● replacing poor design with better design; ● widening the choice of high quality homes

10.6 Sustainable Development is a key aspect of the current planning policy framework at both national and a local level. Spatial Policy 1 of the Leeds Core Strategy (LCS) seeks to ensure that new development is concentrated in the main urban areas in order to ensure that shops, services and public transport are easily accessible.The application site is close to a variety of amenities and services as well as being well served by public transport and on easily accessible routes into the City, therefore the site can be regarded as a sustainable location.

10.7 The LCS advises that a provision of 70,000 (net) new dwellings will be accommodated in the plan period of 2012 and 2028 with the total housing for North Leeds (including Meanwood) equates to 9% of the district wide total. The 54 units proposed play a part in meeting the aspirations of housing delivery within Leeds. The application site is identified within the draft site allocations (ref MX2-4) for housing, however the site allocations plan is in draft stage and limited weight can be applied.

10.8 A minimum housing density for Leeds will ensure sustainable housing development and the efficient use of land in order to avoid more Greenfield land being developed than is necessary and will aim to achieve a higher population in proximity to centres.

granted permission

10.9 The site is 0.47 hectares and Policy H3 of the LCS seeks a density of 40 dwellings per hectare in urban areas outside the City Centre and up to 500m from its

boundary. At 54 units the proposed number of dwellings accords with the aims of H3. In addition to H3, Policy H4 of the LCS aims to ensure that the new housing delivered in Leeds is of a range of types and sizes to meet the mix of households expected over the Plan Period. This policy states that developments should include an appropriate mix of dwelling types and sizes to address needs measured over the long term taking into account the nature of the development and character of the location. For developments over 250 units, in or adjoining the Main Urban Area and Major Settlements developers should submit a Housing Needs Assessment addressing all tenures so that the needs of the locality can be taken into account at the time of development. In this instance the site is located within the town centre and proposes a scheme of apartments with no other open market housing option. It is considered that in this location that the 100% provision of 54 apartments is appropriate and within the context of the centre.

10.10 Whilst it would be more desirable to the LPA to have a mixed use scheme that provided some level of commercial development at ground floor level (i.e. retail or similar uses). This forms part of Policy P2 of the LCS which states that acceptable uses in and on the edge of town centres include inter alia housing in centres above ground floor in the primary and secondary shopping frontages, or outside the shopping frontages, providing it would not compromise the function of the town centre. The proposals do not include that provision and the existing use offers no contribution towards the shopping vitality of the town centre and nothing is lost as a result of this development. Therefore the application must be assessed on its merits and as presented to the LPA. The site falls within the town centre but is outside the main shopping frontages and functions of the town centre therefore the principle of the housing can be accepted in P2 terms as it would not compromise the town centres function, and if anything the increased residential units on its fringe would likely add to the vibrancy and vitality of what is one of the districts growing centres. This is highlighted in para.23 point 9 of the NPPF which states that LPA’s should recognise that residential development can play an important role in ensuring the vitality of centres. In addition to the residential element a 232sq/m replacement WMC is proposed. This is clearly also within the town centre and is considered and appropriate use and meets with the criteria set out in Policy P2 of the LCS.

Character and Appearance

10.11 Policies within the Leeds Development Plan and the advice contained within the NPPF seek to promote new development that responds to local character, reflects the identity of local surroundings, and reinforce local distinctiveness. Moreover, the NPPF states that good design is a key aspect of sustainable development, is

indivisible from good planning, and should contribute positively to making places better for people.

10.12 It is fundamental that the new development should generate good design and respond to the local character. The NPPF goes on to state that that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions and that LPA’s should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. Moreover, paragraph 9 of the NPPF states that pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including inter alia replacing poor design with better design and widening the choice of high quality homes.

10.13 Good design goes beyond aesthetic considerations and should address the connections between people and places and the integration of new development into the built environment. Design can also assist in tackling the most cross cutting issues of sustainable development such as climate change, car dependence, community cohesion and health and wellbeing. The Council has a long-standing commitment to delivering high quality urban design and this is reflected in the Ten Urban Design Principles (adopted by

Executive Board in January 2005) as a basis to inspire and enhance the design quality in Leeds.

10.14 In union with the aims of the NPPF policy P10 of the Leeds Core Strategy (LCS) deals with design and states that inter alia alterations to existing, should be based on a thorough contextual analysis and provide good design that is appropriate to its location, scale and function. Developments should respect and enhance, streets, spaces and buildings according to the particular local distinctiveness and wider setting of the place with the intention of contributing positively to place making, quality of life and wellbeing. Proposals will be supported where they accord with the principles of the size, scale,design and layout of the development and that development is appropriate to its context and respects the character and quality of surrounding buildings; the streets and spaces that make up the public realm and the wider locality.

10.15 The site sits within the Meanwood District Centre and adjacent to residential properties to the north, west and the east of the site. The town centre is a tighter grain of development whilst the wider area is predominantly residential in character having a looser grain with good levels of greenspace and tree coverage. Buildings are also in the main of domestic scale with exceptions in the immediate location being the East of Arcadia Building, the Waitrose, the Green Road shopping area and the buildings on the Northside Retail Park as well as the ecclesiastical buildings.

10.16 Section 6 of the NPPF states that to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should inter alia plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community. Given the town centre location, flats are considered to be appropriate as well as providing a wider range of housing for those members of the community that fall outside the ‘family’ bracket. However, it is not unfeasible that a small family could occupy the 2 bedroom units proposed.

10.17 The building ventures from the architectural route that the majority of the buildings within the town centre have, been domestic in scale and height with pitched roofs,

however such buildings represent a past era of Meanwood and therefore are vitally important; other buildings within the town centre are of the 21st century and these also act to contribute the character and appearance of Meanwood in terms of Meanwood entering its modern era in architectural terms (i.e. The Waitrose and the East of Arcadia building).

10.18 The proposed building housing 54 units would be a series of blocks with flat roofs, over four storeys at the front reducing in scale in a stepped formation towards the rear. The building would create a bold frontage onto Stonegate Road. It is considered that the architecture responds to Meanwood town centres revitalisation in recent years where a greater retail presence now exists with a good selection of bars and café’s injecting a vibrant energy into the area. The proposed architecture reflects that vibrancy and is considered to respond to the character of the town centre.

10.19 The proposed scale, height and massing is not insignificant however the bulk of the height and massing is retained generally within the foot-print of the existing WMC and associated residential element. To the rear, the elements of the proposal will go further into the site than the existing building but these elements would be of a more domestic scale to the main body of the apartment block. This is also the case to the northern end of the block which is adjacent to the more loosely grained residential development where residential properties are of a more domestic character and scale.

10.20 The main body of the apartment block is set out into a sequence of 2 x four blocks with a small recess between. The height of the buildings will appear to drop as they respond to the level of Stonegate Road which descends into the hub of the town centre and the each block will be framed by white aluminium cladding. The ground first, and second floors will be red brick, which is a consistent material within the area. The upper floor would be recessed with a glass balustrade.

10.21 The front would then have vertical aluminium ‘fins’ from first to the upper floor, these fins would be attached. The submitted details note that these details would

be both for aesthetic and functional reason i.e. a privacy and shading device as well as breaking down the elevation into a series of vertically emphasised elements. The rear elevation is a little more conventional in terms of its appearance. The fenestration at the rear has a repeating vertical emphasis that is in part interrupted by the lower height blocks. The stepped approach reduces the massing and landscaping, as shown on drawing P312, will act to soften the level of brickwork and outlooks onto the proposed development from the surrounding properties i.e. tree, shrubs and grassed roof terraces. The submitted landscape drawing is indicative and conditions can secure full landscaping details including a planting strategy and tree protection for the large TPO’d specimen in the northern corner of the site.

10.22 The proposal would create a very visible and conspicuous building and one which would be distinctive within the Meanwood area from a variety of vantage points. From the street the frontage will change significantly and the proposed design is considered to create an improvement within the immediate area. The architectural detailing, materials and landscaping are therefore not considered to be unduly harmful to the character and appearance of the area and whilst increasing the quantum of development on site results in a large prominent building, such a building of the proposed quality will likely become a landmark acting to lift the immediate area. The palate of materials comprises:

Red brickwork Render (white) Zinc cladding Aluminium cladding Aluminium windows, doors, RWG’s, copings, ‘fins’ and louvres Glazed balustrades and glazed curtain walling

10.23 A building of this scale and architecture must have very high quality materials that

are able not only to present a modern approach now but present quality in the future. It is therefore fundamental that quality is secured and samples can be issued to the LPA for assessment. This can be secured by condition. 10.24 The proposed layout would see the width of the site taken up with the apartment

block and the new WMC with landscaping set along the front boundary with Stonegate Road. The proposed foot-print of the apartment building is generally akin to that of the existing WMC whilst the proposed WMC would add an additional width of buildings across the sites frontage. The level of views across the site would be changed dramatically given the height of the apartment block, but the outlooks across the site were of the skyline and residential properties at lower ground level to the rear. It is not considered that this change in outlook from Stonegate Road over and across the site is detrimental and would not be unduly harmful.

10.25 The access into the site would be through punctuation to the southern corner of the site which allows vehicular access to the x11 parking spaces for the WMC and to the undercroft entrance to the southern elevation of the apartment block. Pedestrian access is from x2 punctuations within the existing boundary wall that runs along the Stonegate Road boundary. These would be bridged accesses above the lower ground floor that allow access into the ground floor of the apartment building. It is not considered that the access points into the site create any issues to the area as the site already has a wide access point to the southern corner for vehicles and pedestrians. 10.26 Separation distances between the apartments and the WMC is not what can reasonably considered as substantial, however sound attenuation could adequately deal with noise transference. The level of on-site amenity space falls below the 25% advised in SPG13 for apartment developments however, there are areas of communal spaces and balconies that provide amenity area. The site is located within a town centre location and the on-site shortfall can be accepted; moreover an on-site ‘in lieu’ contribution is required which would aid local greenspace improvements. 10.27 In terms of the parking formation; that serving the WMC would be less prominent

than the existing situation of a large expanse of tarmac to the southern side and rear of the existing WMC. The proposed WMC parking would be marked out and appear more formal and contained. Moreover, the parking to serve the residential aspect of the proposals is undercroft and therefore would not have a visual impact within the site as viewed from the public realm nor would it appear overly intensive within the wider area. The submitted plans show provision for the storage of bins within the undercroft and close to the access route.

10.28 The proposed WMC would be a much smaller building and would respond to the height of the commercial and light industrial units to the south at the WMC’s nearest elevation before the height increases through the inline of the roof and would terminate at a higher point to create a better relationship with the apartment block. This element of the scheme is also considered to improve the appearance of the

area by reason of its design. The parking would be located to the rear and marked out. The significant reduction of views of the parking from the public realm also creates a better relationship with the road frontage. There would be one residential unit within the upper floor of the WMC to cater for the Manager of the WMC, however this arrangement already exists in the existing WMC and is not considered problematic. The WMC would be constructed in the same materials as the apartment block and the same care regarding materials must be taken.

Residential Amenity

10.29 SPG13 – Neighbourhoods for Living provides recommended separation distances that should be achieved between new dwellings, these distances primarily seek to maintain appropriate levels of privacy for existing and future occupiers; although it is noted that the guidance also advises that the suggested separation distances are intended as a guide and should not simply be applied without further consideration regarding the local character.

10.30 Guidance suggests that a separation distance of 10.5m from main windows (living and dining rooms) to boundaries and 7.5m from secondary windows (bedrooms and ground floor kitchens) to boundaries are acceptable. Guidance also suggests a separation distance of 18m between secondary windows (bedrooms) and main aspect windows and 21m between main aspect windows.

10.31 There are residential properties located to the north-west (The Wickets) with Nos. 19 - 26 being the closest to the application site as their rear gardens and detached garages separating the rear elevations from the shared boundary. These properties are also at lower ground level. Another dwelling on The Wickets (No.17) also sits adjacent to the shared boundary with the rear of the application site, No.17’s side elevation faces towards the site.

10.32 To the east of the site located on the opposite side of Stonegate Road are No.s 38 and 40 Stonegate Road, whilst to the north of the site is No.37 Stonegate Road. A ProW runs between the application site and No.37 which allow pedestrian access from Stonegate Road to Church Avenue.

10.33 The front elevation of the building will house living areas and bedrooms and the gym that is housed within the apartment block. The windows serving the front elevation would be some 29m from No.s 38 and 40. The 21m between habitable rooms and the 18m between bedrooms and main aspect windows is therefore exceeded. As part of this assessment close working with LPA architects (Design Services) took place where it was advised that 5m is a reasonable distance to be added for every story above a two storey structure. As the ground floor would be below street level, it is the first, second and third floors that front out towards No.38 and 40 and the third floor therefore require a greater level separation than the guidance given in SPG13. The 29m separation between the front elevation and the residential properties to the east is considered acceptable and would not introduce any undue levels of over-looking, shade or a sense of dominance.

10.34 To the north is No.37 which sits adjacent to the northern elevation of the apartment block. This elevation of the proposal has windows that serve bedrooms at first floor and bedrooms, a bathroom and a living area at ground floor. Roof terraces also exist at second floors. No windows are located in the side elevation to the second and third floors. The proposed buildings closest proximity to the northern boundary is some 8.8m whilst the ground floor living room windows are some 13m to the boundary and are set at lower ground level to No.37. SPG13’s guidance of 10.5m from living rooms to boundaries and 7.5m to boundaries from bedroom windows is met in this instance. In respect of the roof terrace, a condition can secure details of screening to protect the amenities of the residents at No.37, this could include planting and appropriately heighted balustrades.

10.35 The level of shade towards No.37 would clearly increase given the size of the proposed building above the WMC that already sits on site. The applicants architect has provided sun path studies ranging from various points during a year and at various times of the day. These studies show that late in the year the site and No.37 would spend much of the day in the shade, however that would be the case now, albeit at a lower level. The studies do however show that from March to September the neighbouring site would have good opportunities for sunlight penetration. The position of No.37 means that the morning sun would always reach the front elevation and garden and as the rear garden is north-west there are already limitations for natural light fall and for the middle part of the day until later in the afternoon the rear garden would have restricted opportunities for natural light however at the later afternoon that opportunity would increase.

10.36 The design of the building see’s the northern elevation closest to No.37 dropping in height so to generally reflect the ridge height of No.37. The bulk and height of the proposed building will have more of an overbearing impact on the residents of No.37 however the proposed separation and variance in roof height of the proposed building are considered to take that impact into levels that are not unduly harmful, and whilst there would be an increase in shading that level of increase and impact on neighbours living conditions does it outweigh the benefits that the proposals brings in terms of the enhanced design that would add to the vitality of the town centre, the wider degree of housing options for those members of the local community that do not require family housing, thereby potentially freeing up a wider choice of family housing (although the proposed two bedroom units could quite reasonably be used as family housing) and the economic benefits (jobs and investment).

10.37 The properties to the east and north-west, namely No.s 19 -26 The Wickets have their rear gardens backing onto the rear boundary of the application site with detached garage blocks located at the back of driveways also in close proximity to the rear boundary. These properties are located at a lower ground level and set behind a 2.0m high (approx.) close boarded timber fence.

10.38 The proposed rear elevation of the apartment block has bedrooms and living areas to all floors with each floor gradually being stepped further away from the rear boundary and those properties beyond. The 21m given in SPG13 as separation between habitable room windows is exceeded in this instance and ranges from approx. 29m at

first floor to 42m at second and third floors. Whilst the properties to the rear of the application site are set lower than the application site the additional separation proposed is acceptable in planning terms and whilst there will undoubtedly be a greater degree of overlooking than currently exists the proposals have sought to limit the impact by significantly increasing the separation distances above the requirements given as guidance within SPG13.

10.39 The submitted shading studies show that the latter part of the year would be the most

detrimental towards the rear properties with the remaining parts of the year shown detailing that there would be good opportunities for natural light to penetrate the neighbouring sites. As with the existing situation shade would be cast during the early part of the day and as the day progresses sunlight would fall across the rear gardens and rear elevation windows of the properties to the rear of the site, as such and on balance the level of increased shade and dominance can be accepted when weighed against the schemes wider benefits.

10.40 Another point would be the change of outlook from properties to the rear; at present the rear of the WMC and the associated residential element are very evident from the rear of the neighbouring properties on The Wickets and offer no direct outlooks beyond. The existing building is stark and worn whilst the proposals include a landscaping scheme that would offer improvements with a more attractive building to the rear, albeit a larger one.

10.41 From No.25 and 26 The Wickets, that currently have outlooks through the site onto Stongate Road, that outlooks would be lost as a result of the siting of the new WMC. Neighbours do not have rights of outlook over third party land and whilst the loss is noted and will alter the situation for those residents this issue is not considered to outweigh the benefits that granting of planning permission will have.

10.42 The new WMC building will also have its own set of issues, but not ones that don’t, in the main already exist. The new WMC is set some 29m from the properties to the rear and issues that are relevant to the WMC element of the scheme would include potential noise from recorded and live music from the club, noise from externalareas during use of the club (i.e. patrons leaving, loitering, smoking) and noise from plant equipment (e.g. associated with refrigeration units). Colleagues in the Environmental Protection Team (EPT) have been consulted regarding the implication of this scheme and they advise that they have received some complaints regarding the WMC over the years, these include, music (2003, 2006 and 2008), however none since and the complaints appear to have been resolved informally. There were also complaints in 2014 relating to noise from people and vehicles in the car park area; however it was confirmed the parking area was being used by a local taxi firm and this issue was subsequently resolved.

10.43 To the rear of the proposed WMC is a terrace which will be used as abreakout and/or smoking area and this clearly has potential for noise and disturbance if patrons were to congregate outside drinking and smoking. This area would have no seating. The EPT advise that in relation to noise from patrons in external areas, this is often difficult to control, mitigate and manage and therefore the applicant will need

to submit information as part of an operating statement to include reference to a club policy with regard patron noise in external areas, e.g. queue management, patron dispersal, patron use of external areas & smoking, and staff/security supervision and monitoring. This can be secured by condition.

Moreover, conditions can be reasonably imposed to limit construction times, a construction management plan, delivery hours and opening hours of the WMC, sound insulation schemes to deal with plant and machinery and noise from within the WMC from use of the bar and entertainment.

10.44 Another fundamental point of consideration is the living condition of future residents. Separation distances are in accordance with SPG13 and as stated above exceed them in terms of the relationship to the properties to the rear. The proposed units would have outlooks onto the road at the front and the landscaping to the rear. There would be outlooks onto the WMC and associated parking but this is a town centre location and the proposed outlooks and level of amenity space reflects that. A contribution for greenspace to benefit off-site locations within Meanwood is secured through a S106 and the limited private and usable amenity space can be accepted given the wider benefits. Unit sizes and the juxposition of rooms are acceptable and will allow good levels of accommodation. It is considered that the future resident’s amenity in terms of noise and disturbance, opportunity for good levels of natural light and privacy as well as outlooks would be acceptable and provide good standards. Moreover, the proposed communal areas are not considered to be any more harmful to neighbours living conditions than if the development proposed family houses where use of gardens offer the same opportunities for noise and disturbance. Whilst more people would occupy the apartment block than perhaps houses would bring it is highly unlikely that all residents would be using the communal areas at the same time.

Highways matters

10.45 Leeds Core Strategy Policy T2 seeks to ensure that all developments achieve safe and secure access and are located in accessible locations. As part of this application consultation took place with Highways Officers to seek technical advice revisions were sought regarding gradients and vertical alignment of the access road as well as cycle facilities and widening of the PRoW to the north

of the site. Subsequently revised details were submitted and Highways have agreed the details.

10.45 Highways are also of the view that the parking provision is acceptable and are satisfied that there would be no undue impact in terms of highway safety and subject to a number of conditions Highways have raised no objections to these proposals.

S106 Package/CIL

10.46 The Community Infrastructure Levy Regulations 2010 set out legal tests for the imposition of planning obligations. These provide that a planning obligation may

only constitute a reason for granting planning permission for the development if the obligation is -

(a) necessary to make the development acceptable in planning terms;(b) directly related to the development; and(c) fairly and reasonably related in scale and kind to the development.

10.47 The Authority’s CIL charging schedule is in place and requires a payment of £45 per square metre of residential floor space. The adoption of CIL means that S106 payments previously identified relating to greenspace and education are no longer applicable. It will still be necessary for the appellants to enter into a S106 which commits to provide the public bridleway, public transport infrastructure improvements and public transport contributions, off-site greenspace and affordable housing. These have been considered against the legal tests and are considered necessary, directly related to the development and fairly and reasonably related in scale and kind to the development. The S106 is being progressed and must be signed before any permission can be issued.

Other matters

Drainage

10.48 A Drainage Impact Assessment (3089/DIA dated July 2015, V 1.0) has been undertaken for this development which sets out the assessment of the existing and proposed drainage strategy for the site with conclusions and recommendations for the drainage of the site. The Drainage Impact Assessment (DIA) suggest that in general infiltration drainage/soakaway may not be feasible at this site but further investigations should be carried out to confirm this. In general, Drainage colleagues would expect that the topography may be a more decisive factor in limiting the options for using infiltration drainage systems at the site. The DIA does however continue to present alternative proposal for the drainage of the site and these are acceptable in principle to the Council.

10.49 It has therefore been demonstrated that a drainage strategy is feasible for this development site and the details should accompany the drainage proposal for the development. A condition relating to surface water drainage is recommended to be imposed.

10.50 Nine letters of support have been received have already been noted within this report. The objections raised have also been covered within this report in respect of character and appearance, amenity and highways matters. Other issues raised in objection are noted below:

Lack of engagement with the wider community for a reasonable period.

10.51 The applicants team did enter into discussions with local residents at a public meeting and the LPA have no reason issue any concerns regarding the level of

consultation entered into.

Previous comments by the LPA state the an intensive mixed use was desirable which is not reflected in this application.

10.52 A mixed use would have been desirable but could not have been insisted upon. The LPA must assess the application as submitted and on its merits.

The application offers no demonstration for local demand for flats.

10.53 No evidence of demand has been submitted with this application however, apartments of one and two bedrooms within the main urban areas will play an important role in the local housing mix.

At the community meeting (presented to the community by (ID Planning) it was implied that the site could be re-developed without planning permission.

10.54 The current Use Class for a Social Club/WMC would be Sui Generis therefore planning permission would be required for other uses on this site. However, in principle a range of uses could reasonably operate from the existing building/site that would be compatible within the context of the area i.e. within the town centre.

Location of bin store in proximity to The Wickets and potential for noise and disturbance.

10.55 The bin store for the apartment block would be within the undercroft whilst bins serving the WMC would also be contained within the lower levels of the new WMC. Therefore a physical barrier exists between the bins and nearby residences.

Viability and demand for a new WMC.

10.56 The application does not raise issues of viability as this has not been put forward by the applicant, therefore the LPA must assess the scheme as submitted. In terms of demand for the WMC, it can only be assumed that the applicants have factored this into their financial plan, it would seem poor business strategy to propose such a use otherwise.

How will the Japanese Knotweed be managed?

10.57 A condition can secure methods to be submitted to the LPA for its control anderadication.

Increased levels of air pollution and its potential consequences on health.

10.58 Currently the parking is all to the rear of the existing building on site where in principle capacity parking would create more of an issue than the containment of parking within the undercroft. The louvered openings to the rear would clearly allow exhaust fumes but more indirectly than what could occur already. Whilst the comments made are duly

noted and in all the levels of vehicles on site at any one time would certainly increase, the comments made are not considered to carry enough weight to present a robust reason for reasonably withholding planning permission. Conditions can secure that a management plan be submitted for the construction phase to detail dust suppression.

11.0 CONCLUSION

11.1 This is a large scheme and something that will make a dramatic impact of Meanwood town centre in terms of its design and size. The scale would have an impact on the living conditions of the properties to the, north, east and north-east however on balance those impacts are not considered to be unduly harmful. Moreover the scheme offers wider benefits in terms of its impact within a growing town centre, adding to vibrancy and vitality and housing mix along with the contributions to be spread within the wider Meanwood area. It is also considered that the proposal would act to enhance the area by creating a building clearly of the 21st Century and thereby a new era within the Meanwood area of Leeds. Recommendation is therefore made that the proposal be granted planning permission subject to the conditions at the head of this report and subject to the completion of the S106.

Background Papers:Application fileCertificate of ownership: Certificate B signed by the agent 28 July 2015.

RECOMMENDATION:

Approve subject to the following condition(s):-

1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Imposed pursuant to the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2) The development hereby permitted shall be carried out in accordance with the approved plans listed in the Plans Schedule.

For the avoidance of doubt and in the interests of proper planning.

3) No building works shall take place for phase 1 or phase 2 until details and samples of the below list have been submitted to and approved in writing by the Local Planning Authority:

(1) Brickwork (A sample panel is to be provided for the LPA's inspection and shall remain on site for the full construction phase)(2) Render (A sample panel is to be provided for the LPA's inspection and shall remain on site for the full construction phase)(3) Zinc cladding(4) Aluminium cladding(5) Aluminium windows and doors(6) All rainwater good's(7) Copings(8) The 'fins' shown to be loacted on the front elevation of the development hereby apporved.

The samples shall be made available on site prior to the commencement of building works, for inspection by the Local Planning Authority which shall be notified in writing of their availability. The building works shall be constructed from the materials thereby approved.

In the interests of visual amenity, in accordance with adopted Leeds UDP Review (2006) policy GP5 and the National Planning Policy Framework.

4) No building works for phase 1 or phase 2 shall take place until details and samples of all surfacing materials to the hard surfaced areas within the site have been submitted to and approved in writing by the Local Planning Authority. Such materials shall be made available on site prior to the commencement of their use, for the inspection of the Local Planning Authority who shall be notified in writing of their availability. The surfacing works shall be constructed from the materials thereby approved.

In the interests of visual amenity, in accordance with adopted Leeds UDP Review (2006) policy GP5 and the National Planning Policy Framework.

5) Development of either phase shall not commence until details of access, storage, parking, loading and unloading of all contractors' plant, equipment, materials and vehicles (including workforce parking) have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be provided for the duration of construction works.

To ensure the free and safe use of the highway in accordance with adopted Leeds UDP Review (2006) policy T2.

6) The approved details for the provision of bin stores for each phase (including siting, materials and means of enclosure) and (where applicable) storage of wastes and

access for their collection shall be implemented in full before the use commences and shall be retained thereafter as such for the lifetime of the development

In the interests of amenity and to ensure adequate measures for the storage and collection of wastes are put in place in accordance with adopted Leeds UDP Review (2006) policy GP5 and the National Planning Policy Framework.

7) Dust generated by construction, vehicles on roads, haul routes and circulation areas within the site in dry weather conditions shall be suppressed by the use of equipment able to deliver sufficient volumes of water and provided on site for this purpose. Immediate preventative action, including the suspension of operations shall be taken if dust generated by machinery on site becomes airborne and can be seen being carried by the wind beyond the site boundary.

In the interests of general amenity and the amenity of occupants of nearby premises.

8) Equipment to enable mud and grit to be removed from the wheels, tyres and underside of vehicles prior to their entering the public highway shall be provided and utilised in the position shown on the approved plan and maintained in working order at all times when traffic is leaving the site. The site access road shall be maintained in a clean condition at all times when traffic is leaving the site.

To ensure that mud is not deposited on the road in the interests of amenity and highway safety.

9) No development shall take place until a phasing plan showing details of the position, design, materials and type of all walls and/or fences or permanent boundary/screening treatment to include all balustrades, whether or not shown to be erected on the approved plans, have been submitted to and approved in writing by the Local Planning Authority. Such walls and fences shall be erected in accordance with the approved details, before the land/buildings to which they relate are occupied, and shall thereafter be retained

In the interests of residential and visual amenity and in accordance with adopted Leeds UDP (2006) policies GP5 and BC6 and the National Planning Policy Framework.

10) The approved Phase I Desk Study report indicates that a Phase II Site Investigation is necessary, and therefore development for each phase shall not commence until a Phase II Site Investigation Report has been submitted to, and approved in writing by, the Local Planning Authority.

Where remediation measures are shown to be necessary in the Phase II Report and/or where soil or soil forming material is being imported to site, development shall not commence until a Remediation Statement demonstrating how the site will be made suitable for the intended use has been submitted to, and approved in writing by, the Local Planning Authority. The Remediation Statement shall include a programme for all works and for the provision of Verification Reports.

To ensure that the presence of contamination is identified, risks assessed and proposed remediation works are agreed in order to make the site 'suitable for use' in accordance with policies Land 1 of the Natural Resources and Waste Local Plan 2013 and GP5 of the Unitary Development Plan Review 2006.

11) If remediation is unable to proceed in accordance with the approved Remediation Statement, or where significant unexpected contamination is encountered, the Local Planning Authority shall be notified in writing immediately and operations on the affected part of the site shall cease. An amended or new Remediation Statement shall be submitted to, and approved in writing by, the Local Planning Authority prior to any further remediation works which shall thereafter be carried out in accordance with the revised approved Statement.

To ensure that any necessary remediation works are identified to make the site suitable for use.

12) Remediation works for each phase shall be carried out in accordance with the approved Remediation Statement. On completion of those works, the Verification Report(s) shall be submitted to the Local Planning Authority in accordance with the approved programme. The site or phase of a site shall not be brought into use until such time as all verification information has been approved in writing by the Local Planning Authority.

To ensure that the remediation works are fully implemented as agreed and the site has been demonstrated to be suitable for use in accordance with policies Land 1 of the Natural Resources and Waste Local Plan 2013 and GP5 of the Unitary Development Plan Review 2006.

13) Any soil or soil forming materials brought to site for use in garden areas, soft landscaping, public open space or for filling and level raising shall be tested for contamination and suitability for use. A methodology for testing these soils shall be submitted to, and approved in writing by, the Local Planning Authority prior to these materials being imported onto site. The methodology shall include information on the source of the materials, sampling frequency, testing schedules and criteria against which the analytical results will be assessed (as determined by risk assessment). Testing shall then be carried out in accordance with the approved methodology. Relevant evidence and verification information (for example, laboratory certificates) shall be submitted to, and approved in writing by, the Local Planning Authority prior to these materials being imported onto the site. To ensure that contaminated soils are not imported to the site and that the development shall be suitable for use.

14) Development of each phase shall not commence until a scheme detailing surface water drainage works for each phase has been submitted to and approved in writing by the Local Planning Authority. The details should be in accordance with the proposal set out in the Drainage Impact Assessment (3089/DIA dated July 2015,

V 1.0) and should include drainage plans with summary of any further supporting calculations and results of investigations carried out at the site. The works shall be implemented in accordance with the approved scheme before the development is brought into use.

To ensure sustainable drainage and flood prevention in accordance with LCC's Natural Resources and Waste LDF 2013 and the NPPF

15) Means of vehicular access to and from the site shall be as shown on the approved plan ref (Drawing No's. P103 Rev. 'B' and P231 Rev. 'A').

To ensure the free and safe use of the highway in accordance with adopted Core Strategy policy T2

16) Notwithstanding the approved details, before development is commenced full details of cycle/motorcycle parking and facilities for each phase shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the approved cycle/motorcycle parking and facilities have been provided. The facilities shall thereafter be retained for the lifetime of the development.

In order to meet the aims of adopted Leeds UDP Review (2006) policy T2 and T7A

17) Development of each phase shall not be occupied until all areas shown on the approved plans to be used by vehicles of that phase have been fully laid out, surfaced and drained such that surface water does not discharge or transfer onto the highway. These areas shall not be used for any other purpose thereafter.

To ensure the free and safe use of the highway in accordance with adopted Leeds UDP Review (2006) policy T2 and Street Design Guide SPD (2009).

18) Development of the residential properties (phase 2) shall not commence until details of works comprising (improvements to Public Footpath No.76 from Stonegate Road for a distance of approximately 50 metres to the large mature protected TPO'd tree, which is to be retained, to provide a clear 2m width and asphalt surface) have been submitted to and approved in writing by the Local Planning Authority. The approved works shall be fully implemented prior to occupation.

To ensure the free and safe use of the highway in accordance with adopted Core Strategy policy T2.

19) Development of each phase shall not commence until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority which details the approach to sustainable travel for each phase. The plan shall comprise measures to encourage alternative modes of transport for (staff/residents/customers) other than single occupancy of vehicles, including timescales for when those measures shall be put into place and procedures for monitoring the uptake of alternative modes of travel and providing evidence of compliance. The Travel Plan shall be fully implemented and operated in accordance with the agreed timescales.

In the interests of encouraging transport other than single car occupancy in accordance with sustainable transport principles and adopted Leeds Core Strategy policy T1.

20) Notwithstanding the approved details, before development for each phase is commenced full details of the proposed cycle wheeling ramp, to be incorporated in to the staircase linking between first floor level and the ground floor cycle storage area, shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the approved cycle wheeling ramp has been provided. The facility shall thereafter be retained for the lifetime of the development.

In the interests of encouraging transport other than single car occupancy in accordance with sustainable transport principles and adopted Leeds Core Strategy policy T1.

21) No works or development shall commence until a written arboricultural method statement for a tree care plan during construction in accordance with British Standard S5837 (2012) Trees in relation to design, demolition and construction. has been submitted to and approved in writing by the Local Planning Authority. This should include details of access, scaffolding, storage, contractors parking, service runs and changes in levels. The British Standard must be translated into site specifics and works or development shall then be carried out in accordance with the approved method statement.

To ensure the protection and preservation of trees, hedges, bushes and other natural features during construction works, in accordance with adopted Leeds UDP Review (2006) policies GP5, N23 and LD1.

22) Development shall not commence until details of existing and proposed ground levels, including soft landscape areas, floors, paths, drives, walls, garages and parking areas have been submitted to and approved in writing by the Local Planning Authority to demonstrate that the levels over Root Protection Areas of existing trees are incorporated. The details shall include existing and proposed levels alongside each other and accompanied by cross sections. Development shall be carried out in accordance with the approved details.

To ensure works are carried out at suitable levels in relation to adjoining properties and highways in the interests of visual amenity, in accordance with adopted Leeds UDP Review (2006) Policy GP5.

23) a) No retained tree/hedge/bush shall be cut down, uprooted or destroyed nor any tree be pruned, topped or lopped or suffer root severance other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any approved pruning, topping or lopping shall be carried out in accordance with current British Standards and any tree survey approved by the Local Planning Authority.

b) If any retained tree/hedge/bush is removed, uprooted or destroyed or dies the Local Planning Authority shall be notified forthwith in writing. Another tree/hedge/bush of an agreed size and species shall be planted at the same place and at such time, as may be specified in writing by the Local Planning Authority.

Retained tree/hedge/bush refers to vegetation which is to be retained, as shown on the approved plans and particulars, and the condition shall have effect until the expiration of five years from the date of occupation.

To ensure the continuity of amenity afforded by existing vegetation.

24) a) No works shall commence until all existing trees, hedges, bushes shown to be retained on the approved plans are fully safeguarded by protective fencing and ground protection in accordance with approved plans and specifications and the provisions of British Standard 5837 (2012) Trees in relation to design, demolition and construction, unless otherwise agreed in writing by the Local Planning Authority. Such measures shall be retained for the duration of any demolition and/or approved works.

b) No equipment, machinery or materials shall be used, stored or burnt within any protected area. Ground levels within these areas shall not be altered, nor any excavations undertaken including the provision of any underground services, without the prior written approval of the Local Planning Authority.

c) Seven days written notice shall be given to the Local Planning Authority that the protection measures are in place prior to demolition and/or approved works, to allow inspection and approval of the works.

d) The submitted details must be clear as to the type of barrier(s) are proposing and where they are located.

To ensure the protection and preservation of trees, hedges, bushes and other natural features during construction works, in accordance with adopted Leeds UDP Review (2006) policies GP5, N23 and LD1.

25) A landscape management plan for each phase, including long term design objectives, management responsibilities and maintenance schedules shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development. The landscape management plan shall be carried out as approved.

To ensure successful aftercare of landscaping, in accordance with adopted Leeds UDP Review (2006) policies GP5 and LD1.

26) Development of either phase shall not commence until full details of both hard and soft landscape works, including an implementation programme, have been submitted to and approved in writing by the Local Planning Authority. Hard landscape works shall include

(a) proposed finished levels and/or contours,

(b) boundary details and means of enclosure, (c) car parking layouts, (d) other vehicle and pedestrian access and circulation areas, (e) hard surfacing areas, (f) minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.), (g) proposed and existing functional services above and below ground (e.g. drainage, power cables, communication cables, pipelines etc., indicating lines, manholes, supports etc.). Soft landscape works shall include (h) planting plans (i) written specifications (including soil depths, cultivation and other operations associated with plant and grass establishment) and j) schedules of plants noting species, planting sizes and proposed numbers/densities.

All hard and soft landscaping works shall be carried out in accordance with the approved details, approved implementation programme and British Standard BS 4428:1989 Code of Practice for General Landscape Operations. The developer shall complete the approved landscaping works and confirm this in writing to the Local Planning Authority prior to the date agreed in the implementation programme.

To ensure the provision and establishment of acceptable landscape in accordance with adopted Leeds UDP Review (2006) policies GP5, N23, N25 and LD1.

27) Construction and building activities shall be restricted to 8:00 hours to 18:00 hours Monday to Friday, 08:00 hours to 13:00 hours Saturdays, with no construction and building activities on Sundays and Bank Holidays.

In the interests of residential amenity in accordance with adopted Leeds UDP Review (2006) policy GP5 and the National Planning Policy Framework.

28) Deliveries and collections to and from the Workig Men's Club hereby apporved shall be restricted to 08:00 hours to 18:00 hours Monday to Saturday,with no deliveries or collections on Sundays and Bank Holidays.

In the interests of residential amenity in accordance with adopted Leeds UDP Review (2006) policy GP5 and the National Planning Policy Framework.

29) The Working Men's Club hereby approved shall only open between the hours of 11:00 hours to 00:30 hours on Monday to Sunday and Bank Holidays.

In the interests of residential amenity and in accordance with saved Policy GP5 of the Leeds Unitary Development Plan (2006) and with the advice set out in the National Planning Policy Framework.

30) Details of any plant equipment to be added to the external parts of the development hereby approved shall be submitted to the Local Planning Authority for written approval prior to its implementation. The details shall be implemented as approved.

In the interests of visual and residential amenity and in accordance with saved Policy GP5 of the Leeds Unitary Development Plan (2006) and with the advice set out in the National Planning Policy Framework

31) The plant and machinery shall not be operated until a scheme to control noise emitted from it has been approved in writing by the Local Planning Authority and installed as approved. The scheme shall limit noise to a level at least 5dBA below the existing background noise level (L90) when measured at the nearest noise sensitive premises with the measurements and assessment made in accordance with BS4142:1997. The approved scheme shall be retained thereafter.

In the interests of residential amenity and in accordance with adopted Leeds UDP Review (2006) policy GP5 and the National Planning Policy Framework.

32) The Working Men's Club hereby approved shall not commence unless a scheme to control noise emitted from the premises has been approved in writing by the Local Planning Authority and installed as approved. The scheme shall provide that the LAeq of entertainment noise does not exceed the representative background noise level LA90 (without entertainment noise), and the LAeq of entertainment noise will be at least 3dB below the background noise level LA90 (without entertainment noise) in octaves between 63 and 125Hz when measured at the nearest noise sensitive premises. The approved scheme shall be retained thereafter.

In the interests of residential amenity and in accordance with adopted Leeds UDP Review

33) Prior to the first use of the Working men's Club hereby approved , a scheme for the management of patron noise (queue management, patron dispersal, patron external smoking and site/staff security) shall be submitted to and approved in writing by the Local Planning Authority. The schemeonce approved, shall be implemented upon operation of the use and retained thereafter.

In the interests of residential amenity and in accordance with adopted Leeds UDP Review (2006) policy GP5 and the National Planning Policy Framework.

34) Prior to the commencement of development a Method Statement and phasing plan for the control and eradication of Japanese Knotweed shall be submitted to the Local Planning Authority. The Method Statement will include post-treatment monitoring of the site to ensure continuous 12 month period of where no Japanese Knotweed is identified growing on the whole site. In the event that any Japanese Knotweed is identified as growing during the 12 month monitoring period then treatment shall resume and continue until a 12 month period of no growth of Japanese Knotweed occurs. The agreed Method Statement shall thereafter be implemented.

To control the spread of invasive plant species

35) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Orders revoking and re-enacting that Order with or without modification) planning permission shall be obtained before any further windows are inserted in the development hereby approved.

As the insertion of windows could lead to problems of overlooking.

36) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification) all bathroom windows shall be glazed with obscure glass to at least level 3 obscurity and thereafter retained as such.

In the interests of residential amenity and in accordance with adopted Leeds UDP (2006) policy GP5 and the National Planning Policy Framework.

37) The existing stone boundary wall fronting Stongate Road shall remain and be preserved and other than the amendments shown on the approved plans shall not be altered. In the event of damage the wall shall be repaired and made good in materials to match the existing.

In the interests of visual amenity.

38) 10% of the parking spaces associated with the residential aspect of the scheme hereby approved shall have electric vehicle charging points, Type 2, 32amp and electric car owners must be able to reserve spaces next to these points.

In the interests of sustainable development

39) Prior to the commencement of each phase of the development, a plan shall be submitted to and approved in writing by the Local Planning Authority of bat roosting and bird nesting opportunities (for species such as House Sparrow, Starling, Swift, Swallow and House Martin) to be provided within buildings and elsewhere on-site. The agreed plan shall show the number, specification of the bird nesting and bat roosting features and where they will be located, together with a commitment to being installed under the supervision of an appropriately qualified bat consultant. All approved features shall be installed prior to first occupation and use of the development hereby approved and shall be retained thereafter.

In order to maintain and enhance biodiversity in accordance with Core Strategy Policy G9 and the NPPF.

40) Prior to the commencement of development a Phasing Plan shall be submitted to and approved in writing by the Local Planning Authority which sets out how the development will be carried out in two phases, with phase 1 to be the construction of the new Working Mens Club and associated ancillary accommodation, and phase 2 to be the demolition of the existing Working Mens Club and the construction of the new residential properties hereby approved.

In the interests of clarity.

For information:-

1) This permission does not absolve the applicant(s) from the requirements for compliance with a Building Regulation approval, or the duty of compliance with any requirements of any Statutory Body, Public Utility or Authority.

The applicant is advised that where any of the following apply, The Party Wall Act 1996 provisions are relevant, and you may well need to serve notice and get agreement from adjoining owners/neighbour(s) to carry out the work; - work carried out directly to an existing party wall or structure- new building at or astride the boundary line between properties- excavation within 3 or 6 metres of a neighbouring building or structure depending on the depth of the hole or proposed foundations.

2) In reaching a decision the case officer dealing with the application has worked with the applicant/agent in a positive way to produce an acceptable scheme in accordance with paragraphs 186 and 187 of the National Planning Policy framework.

3) All reports addressing land contamination should be compiled in accordance with best practice and policies Land 1 of the Natural Resources and Waste Local Plan 2013 and GP5 of the Unitary Development Plan Review 2006.

Prior to preparing any reports in compliance with conditions related to land contamination the applicant is also advised to refer to the Leeds City Council guidance leaflets in the series:- The Development of Contaminated Sites:The Blue Leaflet (CL2) - Reports in Support of Planning ApplicationsThe Green Leaflet (CL3) - Human Health Quantitative Risk AssessmentThe Yellow Leaflet (CL4) - Residential Development on Land Affected by Contamination

These leaflets can be obtained from the council at the Leonardo Building Reception, 2 Rossington Street, Leeds, LS2 8HD or from our website www.leeds.gov.uk/contaminatedland.

4) The applicant is advised that remediation of any contaminated site is required to a standard such that the site would be suitable for use policies Land 1 of the Natural Resources and Waste Local Plan 2013 and GP5 of the Unitary Development Plan Review 2006. This includes the quality of imported soils and soil forming materials. The developer is responsible for the ensuring that development is safe and suitable for use for the intended purpose.

5) The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848.

6) The contractor must ensure compliance with current legislation on noise and dust control including the Environmental Protection Act 1990 and the control of Pollution Act 1974.Relevant Codes of Practice, setting out procedures for dealing with the control of noise onconstruction and demolition sites, are contained in BS5228-2: 2009 "Noise and Vibration Control on Construction and Open Sites"

7) This notice of decision does not grant consent or imply any grant of consent for the applicant to enter onto any adjoining land, to either construct or subsequently to maintain the proposed development.

8) The applicant should be aware that there is an Agreement/Obligation by way of undertaking under Section 106 of the Town and Country Planning Act 1990 affecting this site or that there is likely to be a need to enter into such Agreement/offer an Obligation to discharge the requirements of conditions above.

9) THIS APPLICATION HAS BEEN DETERMINED BY PANEL RESOLUTION ON 3RD DECEMBER 2015.

This recommendation relates to the following Approved Plans

Plan Type Plan Reference Version Received

Site Location Plan/Red Line/OS Plan P102 28.07.2015

Block Plan/Layout Plan P100 28.07.2015

Block Plan/Layout Plan P103 B 21.09.2015

Proposed floor plan(s) P200 B 21.09.2015

Proposed elevation(s) P201 B 21.09.2015

Proposed floor plan(s) P203 A 21.09.2015

Proposed floor plan(s) P204 A 21.09.2015

Proposed floor plan(s) P205 A 21.09.2015

Proposed floor plan(s) P206 A 21.09.2015

Roof Plan P207 A 21.09.2015

Proposed elevation(s) P208 C 22.10.2015

Proposed elevation(s) P209 C 22.10.2015

Sections/Cross Sections P215 A 17.08.2015

Streetscape P220 A 17.08.2015

Sections/Cross Sections P230 12.08.2015

Sections/Cross Sections P231 A 21.09.2015

Streetscape P300 C 22.10.2015

Streetscape P302 C 22.10.2015

Other P310 21.09.2015

Other P311 21.09.2015

Other FOOTPATH DETAIL 02.09.2015

Proposed floor plan(s) P202 28.07.2015