Report of the Chief Planning Officer PLANS PANEL SOUTH AND

Report of the Chief Planning Officer PLANS PANEL SOUTH AND WEST Date: 25th April 2019 Subject: Applications 18/02140/FU and 18/02141/LI – Planning and Listed Building

Applications for conversion of mill buildings, demolition of Listed Buildings to provide 30 dwellings and the construction of 82 new dwellings (112 dwellings in total) with associated access and landscaping - Stonebridge Mills, Stonebridge Lane, Wortley, Leeds

APPLICANT DATE VALID TARGET DATE Stonebridge Mills Limited 23rd January 2018 PPA 30th May 2019

18/02140/FU - DEFER and DELEGATE approval to the Chief Planning officer subject to the conditions specified (and any others which he might consider appropriate) and the completion of a legal agreement within 3 months from the date of resolution, unless otherwise agreed in writing by the Chief Planning Officer, to include the following obligations: 1. Green Space Maintenance and retention of Nature Area 2. Overage Affordable Housing clause, revised Financial Viability Appraisal to be submitted on the sale of the 41st new build property. 3. Local Employment Initiatives. 4. Travel Plan Monitoring fee £2630. 5. New Pedestrian Crossing £25,000

Electoral Wards Affected: Farnley and Wortley

Specific Implications For: Equality and Diversity Community Cohesion Narrowing the Gap

Originator: Ian Cyhanko Tel: 0113 3787953

Ward Members consulted Yes

Conditions 18/02140/FU 1. Time limit – 3 years. 2. Development to be carried out in accordance with approved plans. 3. Conversion scheme to be completed prior to the commencement of new build

properties. 4. Off-site highways works to be completed prior to occupation. 5. Development shall not be occupied until details of measures to control on-street

parking in the vicinity of the site and timescales for implementation have been submitted to and approved in writing by the Local Planning Authority.

6. All areas to be used by vehicles are to be surfaced and completed prior to occupation.

7. Provision of visibility splays, notwithstanding the approved plans 8. Electric charging points to all properties. 9. Notwithstanding the approved plans, full details of cycle and motorcycle parking to

submitted to, and agreed in writing by the Local Planning Authority. 10. Submission and approval of Statement of Construction Management and Practice. 11. Details of Construction loading area. 12. No construction or deliveries to be understand outside the hours of 08:00 and 18:00

Mondays to Saturdays. 13. Submission and approval of a Construction Environmental Management Plan

(CEMP: Biodiversity). 14. Submission and approval of Biodiversity Enhancement & Management Plan

(BEMP). 15. Details of all new boundary treatments to be submitted and approved. 16. All new stone walls to be built on the heritage properties to be built re-using

salvaged stone from the site. 17. Full details of Public Art to the hard landscaping areas around the retained

chimneys and water tower, utilising removed architectural features form the site. 18. Full Landscaping (soft and hard, including tree, planting, and surfacing). 19. Method statement for protection of retained trees during construction. 20. Landscape management plan to cover maintenance of all new landscaping for the

first 5 years, and the management of on-site open space and areas of landscaping not within individual plots for the lifetime of the development.

21. Wall and roofing materials to be submitted and approved for new build properties. 22. Prior to commencement of development a Lighting Design Strategy for Bats shall be

produced by an appropriately qualified ecological consultant and submitted to and approved in writing by the LPA.

22. Development not to commence until drainage scheme including calculations are submitted to, and approved.

23. PD rights removed on plots 29-57, 77-87. 24. PD rights removed on garage conversions. 25. Soft landscaping areas to the front of all plots to be retained and not surfaced. 26. Submission of a remediation statement. 27. Amended remediation statement in the event of unexpected contamination. 28. Verification reports following remediation. 29. 1:20 sectional drawings of all windows and doors, which are to be recessed from the

outer wall. 30. Installation of bat and bird boxes. 31. The development permitted by this planning permission shall be carried out in

accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures detailed within the FRA:

32. The development shall be carried out in accordance with the details shown on the submitted Drainage Strategy 114134/05 prepared by Fairhurst.

33. Roofing samples to all Listed Building to be approved.

34. Full details of vehicular access to be submitted to, and approved in writing. 35. Full details of closing off, of redundant access’s to be submitted to, and approved in

writing. 36. The gradient of all drives shall not exceed 1 in 12.5 (8%). 37. The vehicular access gradient shall not exceed 1 in 40 (2.5%) for the first 15m and 1

in 20 (5%) thereafter, unless otherwise agreed in writing by the Local Planning Authority.

38. The access hereby approved shall not be brought into use until the area of land shown on the approved plans has been laid out as a forward visibility splay to adoptable standards.

39. New stonework to match existing in retained buildings. 40. Roof lights to be of a Conservation Heritage style. 18/02141/LI – Approve subject to the following conditions

Conditions 18/02141/LI 1. Time limit 3 years. 2. Plans to be approved. 3. Timber windows details to all retained Buildings to be approved by LPA. 4. Surfacing details, which shall include reclaimed stone setts, to parking, access areas

around the converted building and new build ‘heritage’ properties to be approved. 5. Roofing samples to all Listed Building to be approved. 6. Notwithstanding submitted details, Window and doors details to be submitted and

approved. 7. Lighting details to the Water tower and retained Mill chimney to be approved. 8. Re-use of stone from demolition to be used in new boundary walls within the

Heritage scheme. 9. Archaeological Recording of the site. 10. New stonework to match existing in retained buildings. 11. Roof lights to be of a Conservation Heritage style. 12. Mortar details to be agreed for the conversion works. 13. Full details of partial demolition and re-building works to the pond, and how removed

stone is to be re-used within the site. 1.0 INTRODUCTION:

1.1 The application is brought to Plans Panel as it a major complex scheme of local

interest, of a sensitive nature. 1.2 This application is brought to Plans Panel with a recommendation for approval.

Members will recall the application was considered by the South and West Plans panel in October 2018, where Officers presented the emerging revised plans as a position statement. Members were generally very supportive of the scheme and the application has been now formally revised. The full revisions are detailed in paragraph 5.1 of this report.

2.0 PROPOSAL

2.1 The revised proposal is for the conversion of 9 existing buildings into 30 units, and 82

new build properties, which are located to the east of the retained buildings. The

proposal also seeks to retain both the stone Water Tower and Mill Chimney, which exist upon the site, part of the Mill Pond, and adjacent stone walls and cobble surfacing. The layout also includes an area of 7,453 sq m of open green space.

2.2 The new build element of the scheme comprises of the following.

Please note the minimum DCLG spacing standards are noted in brackets.

Property Type

Internal floor area Sq m

Number of units

2 bed 2 storey (Heritage type)

70 (70) 7

4 bed 2 storey (Heritage type)

126 (97) 4

2 bed 2 storey

70 (70) 6

3 bed 2 storey

96 (84) 31

4 bed 2.5 storey

122 (103)

30

4 bed 3 storey (integral garage)

126 (103) 4

2.3 These new build properties are of a modern design with facing materials of brick and

render. All the windows are grey aluminium frames, and some properties feature flat roof dormers. 11 of the 82 properties have integral garages. All of the new build properties are arranged in blocks of 3 or 4 terraces.

2.4 The new build properties comprises of two elements. There are 11 properties which

face towards the retained Listed Buildings. These are described by the applicants as a ‘Heritage’ property type, and have a different design to the other new build properties. The ‘Heritage’ properties contain design features such as sash timber windows, stone cills and heads, dentils and parapet details to the roof, and are of a traditional design. This creates two character zones within the site.

2.5 The conversion element, seeks to vertically divide the existing buildings to provide

houses, as oppose to apartments. The following units are proposed through the conversion scheme. The conversion element of the scheme comprises of the following units

Property Type Internal floor area Sq m

Number of units

Former Office 2 bed 2 storey

Vary between 58- 86

6


77 1


107 2

Former Mill 2 bed 3 storey

110 2

Former Mill 3 bed 2.5 storey

157 3


Vary between 110- 150

11

Former Mill 4 bed 3 storey

211 1


156 1


193 1

2.6 For the reasons set out in the report, the applicant is not proposing any S106

contributions, with regard to Public Transport initiatives, and Affordable Housing provision is proposed to be dealt with by means of an overage clause. This means at present the application is not fully policy compliant however, the applicant has raised viability as a reason why the application should be granted despite this. This is detailed in Section 10.43- 10.45 of this report.

2.7 The application is supported by the following documents

• Air Quality Assessment • Bat Emergence Survey • Biodiversity Survey and Report • Drainage Strategy • Flood Risk Assessment • Phase 1 and 2 Ground Investigation Reports • Planning Statement • Structural Survey • Remediation Statement • Design and Access Statement • Transport Assessment • Sustainability Statement • Vacant Building Credit Note • Travel Plan • Heritage Statement • Ecology Design Statement • Ecological Impact Assessment

• Tree Survey and Arboricultural Impact Assessment • Landscape Statement • Heritage Asset Salvage Statement

3.0 SITE AND SURROUNDINGS: 3.1 Stonebridge Mills consists of a complex of traditional industrial buildings located on

the south east side of Stonebridge Lane/ Silver Royd Hill. The Farnley / Wortley Beck runs along the south eastern boundary of the site with the Leeds Ring Road beyond. Access into the site is off the bend on Stonebridge Lane/ Silver Royd Hill and suffers from limited visibility for traffic turning out of the complex. The site is inward facing, with much of the development centred on a mill pond, within the site.

3.2 The majority of buildings on the site are of stone construction but there are some brick

buildings. Within the site are a mill chimney, a water tank tower, a mill pond and adjoining the site entrance a row of three cottages. Much of the site is undeveloped, and covered in trees and other vegetation.

3.3 There are a number of Listed Buildings within the complex. These are located in the

northern part of the site and are:

• The Old Mill, Engine House and Boiler House (10095) • Row of workshops to the north fronting Stonebridge Lane (10097) • The Mitre House and 2 cottages to the south west fronting Stonebridge

Lane (10098) • Row of 3 cottages to the North West fronting Silver Royd Hill (10099)

3.4 The site has had a history of industrial activity since the early nineteenth century and

was gradually developed over the next 100 years or so and operated as a textile mill. Textile working ceased in 1980 and since then the buildings have been let out for largely for light industrial purposes with some office and residential use in the cottages close to the entrance. The site is unique as it illustrates the development of a range of industrial processes and how people lived and worked on the site from the early C19 to the mid-C20. There is a significant protected tree belt along the north-eastern boundary of the site, which is essentially a woodland.

3.5 The site is now run down with all units vacant and in need of investment. The Listed

Buildings are on the Leeds City Council’s own ‘Buildings at Risk’ register 2018. Building at Risk is a listed building at risk from neglect and decay rather than alteration. The Buildings at Risk Survey is complete and it has found that 120 listed buildings are at risk which is 4.8% of the total of listed buildings in the city. Four buildings on this list, are contained within the Stonebridge Mills complex. The site is allocated as a Housing site through the Site Allocation Plan (SAP).

3.6 The site has several constraints, which restrict the developable area of the site. The

main constraints include

• Restricted vehicular access • TPO Tree belts through the site • Part of the land within the site is within the Flood Plain • Derelict Listed Buildings in need of repair • Landmark Mill chimney is need of repair • Existence of a large mill pond, which is integral to the setting of the Listed

Buildings

4.0 RELEVANT PLANNING HISTORY:

4.1 The site has had previous consent (Planning and Listed Building) for a Tesco

supermarket, which was originally gained planning consent on 3rd April 2003 (24/192/00/OT). This consent was renewed through application (07/07851/OT) which was approved on 8th December 2008.

4.2 Following this approval, Reserve Matters details were approved in 2011

(11/00897/RM) – Reserve matters for a supermarket with car park approved. This consent has ‘technically’ been implemented and is therefore extant.

4.3 A further application for a significantly larger Tesco’s supermarket (ref 11/03820/FU)

was refused planning consent on 8.9.2011, on retail impact grounds and that it would prejudice regeneration opportunities in nearby local centres.

4.4 Parallel applications to convert some of the Listed Buildings into 17 apartments were

approved at this time (ref 11/03828/LI and 11/03826/FU) on 9.5.2011. These consent have not been implemented.

4.5 Listed Building consent was approved on 8.6.2011 for demolition of a number of

Listed Building on site. This consent also, has not been implemented. 4.6 Planning Application (13/02788/EXT) Extension of time period for planning

permission 07/07851/OT to layout access and erect supermarket and new buildings/change of use of existing buildings for a mix of uses. Approved 12.09.2013. It is important to note that this consent has now lapsed.

5.0 HISTORY OF NEGOTIATIONS: 5.1 The scheme has been revised since its original submission, following discussions and

design workshop with Officers. Since its original submission the following amendments have been made to the Planning and Listed Building Applications. The current scheme is based on the proposals which were presented to South and West Plans Panel in October 2018, when the scheme was presented as a position statement.

• Partial retention of Mill Pond. • Retention of cobble streets, stone wall and copings around the Mill Pond and

adjacent Listed Buildings. • Retention of internal features within the Listed Buildings such as staircases,

ceiling and walls. • Retention of Listed Buildings (Buildings 10 and 11- the oldest upon the site). • Retention of stone Water Tower. • Retention of full height of stone Mill Chimney (following re-build due to repair). • Omission of 16 new build properties. • Removal of house types with integral garages (only 11 units are now

proposed). • Elevational amendments to the design of the new build properties. • Wooded area along the north-eastern boundary of the site removed from the

rear gardens of plots 12-39 and left undeveloped as a nature area.

6.0 PUBLIC/LOCAL RESPONSE: 6.1 The revisions to the application were publicised by 5 site notices advertising both the

Planning and Listed Building applications, on 19th December 2018. This round of publicity attracted 5 further objections which are summarised below.

• The proposal will interfere with wildlife. • The proposal will block views. • The proposal will interfere with the privacy of our quiet garden. • Impact on property prices. • Access through the site will allow people to cause theft, drugs, vandalism etc. • More of the mill pond should be retained. • Listed buildings should not be demolished. We should be saving heritage?.

6.1 Leeds Civic Trust have made the following representation

• Civic Trust strongly supports the scheme. • The scheme is designed in a ‘sensitive manner.’ • The revisions have addressed earlier concerns of the Civic Trust, and has

resulted in a far better layout. • There should be better links to Leeds owned land to the south and to upper

Stonebridge Lane, to make the site more permeable.

Ward Members. 6.2 Councillor Ann Blackburn has objected to the application on the following grounds.

• The development is over-intensive. • All the mill pond should be retained. • Wooded areas should not be included into gardens. • Wooded areas are precious to wildlife, it is a nature area. • The design does not enhance the site.

6.3 Councillor David Blackburn has objected on the following grounds

• The developer is trying to cram the maximum number of houses onto the site • The mill pond should be retained as its original size, as is the case at Winker

Mills in Armley. • The reduction in height of the Mill chimney is not necessary, any structural

issues should be rectified. • Any new buildings should be in harmony with the protected buildings, the

pond, and wooded area. • More is needed to protect the natural aspects of the site instead of intensify

the site with housing of a design that does nothing to enhance the location. Public Representations 6.4 5 objections were received to the application, prior to the revision been submitted. As

these have not been withdrawn, these are still defined as objections. The points made in these |objections are highlighted below.

• The chimney and water tower should be retained at their full height, both are local landmarks.

• The mill pond has a variety of wildlife which should be retained, it could become a real feature of the site and benefit to future occupiers.

• The cobble surfacing should be retained, they are integral to the setting of the Listed Buildings.

• Location of access results in demolition of buildings, it be better placed off the round-about on the ring road.

(it is important to note the revised plans now do retain the chimneys at their full height, and the cobble surfacing is retained).

7.0 CONSULTATION RESPONSES:

Highways 7.1 Improvements to the pedestrian route towards the bus stops on Pudsey Road

including footway and informal pedestrian crossing works, also an informal crossing point on Stonebridge Lane west of the Ring Road to connect to Ryecroft Primary School and a pedestrian link (probably stepped) on to Silver Royd Hill are being provided as part of the application. Highways raise no objection to the proposed means of access, subject to conditions and a package of off-site highway works, and S106 contributions.

Environmental Studies 7.2 No objection, the road traffic noise should not be unduly intrusive at the site of this

proposal, and there is no requirement for a Noise Report in relation to Stonebridge Lane traffic.

Contaminated Land 7.3 No objections, subject to conditions. Landscaping 7.4 No objection in principle. Any trees to be removed should be re-planted at a 3:1

ratio. Retained planting should be external to private gardens and managed by a separate management company to ensure consistent and effective retention and management. Existing planting and open spaces / Greenspace should be managed in accordance with an agreed long-term landscape and ecology management plan.

Nature Conservation 7.5 The Ecological Impact Assessment and Ecological Design Document by Brooks is

satisfactory and conditions can be imposed which relate to linking the reduced size mill pond to wooded nature Area. It is acknowledged that the wooded Nature Area has been removed from private garden space and it will be an important asset to local residents but confirmation is required that a level of access into this strip of land will be possible - even if only for residents through a gated access at each end. This should be designed as a linear route to lead to the mill pond. The ecological value of the site is locally valuable and a number of interpretation panels should be provided across the site and these should specifically state that a management plan for the site exists in order that new residents understand the ecological value and ongoing management requirements funded by their maintenance fees. A specialist ecological management company should be appointed to manage the ecological areas. Conditions are recommended that relate to ecological and biodiversity management and bats.

Flood Risk Management

7.6 The Drainage Strategy ref: Fairhurst 114134/05 dated March 2018, indicates acceptable proposals for the surface water drainage of the site. The flood risk related matters, i.e. proposals for raising flood levels and the provision of mitigation storage have been commented on by the EA and appropriate conditions have been

recommended to deal with those issues. No objections subject to conditions been imposed which relate to a drainage scheme and maximum rate of off-site discharge.

Yorkshire Water 7.7 No objections, subject to all new tress not been planted within 5 metres of the sewer. Environment Agency 7.8 No objection subject to conditions, which relate to biodiversity enhancements, and

minimum floor levels to avoid flood risk. The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA).

Local Plans 7.9 No objection to the principle of the application. The site is unallocated on the Leeds

Policies Map, however the site is within the designated Strategic Green Infrastructure (Policy SP13); part of the site is designated as an Urban Green Corridor (Policy N8), Greenspace (Policy N1) and Leeds Habitat Network (Policy G9). The site comprises of a proposed Housing allocated site within the Site Allocation Plan, HG2-205 with a capacity of 75 and is at a highly advanced stage. The site requirements as described through the SAP are

• Highway Access to Site: Public Transport improvements, footway

improvements on Stonebridge Lane. Significant alteration to Ring Road roundabout to provide vehicular access to the site unless suitable alternative access to Stonebridge Lane can be gained.

• Local Highway Network: This site will have a cumulative effect upon junctions on the A6110. The development will be required to contribute to measures to mitigate the cumulative impact of this and other allocated sites affecting this section of the Outer Ring Road. In addition, a review of TRO's and traffic calming on Stonebridge Lane/Silver Royd Hill/Pipe and Nook Lane will be required.

• Ecology: An Ecological Assessment of the site is required. Provide a biodiversity buffer (not private garden space) to the northern, southern and eastern boundary

• Listed Buildings: The site includes a Listed Building. Any development should preserve the special architectural or historic interest of Listed Buildings and their setting. An assessment of the historic significance of the existing buildings should be undertaken to inform development on this site. The

• Listed Building, other positive buildings and the existing mill pond should be retained as part of the development.

• Gas Pipelines: The site is affected by a gas pipeline. Detailed design layout should have regard to the building proximity distance required

• Flood Risk site requirement: ‘A small part of the site is affected by flood risk. A sequential approach should be taken to the layout of the site so that no housing or other more vulnerable development is located in the zone 3 high flood risk part of the site’.

Coal Authority 7.10 The application site does not fall with the defined Development High Risk Area and is

located instead within the defined Development Low Risk Area. This means that there is no requirement under the risk-based approach that has been agreed with the LPA for a Coal Mining Risk Assessment to be submitted.

Health and Safety Executive

7.11 Recommend a consolation is carried out with Northern Gas Networks. West Yorkshire Police 7.12 The development should meet secure by design standards. Travel Plan 7.13 The Travel Plan is acceptable and the S106 agreement should include contributions

for the review fee of £2630 and a Residential Travel Plan Fund of £62,370. Planning conditions should secure electrical charging points.

Conservation 7.14 On balance the extent of the demolition works are accepted, subject to justification.

Most of the demolition was approved through the previous Tesco’s scheme and the most conspicuous buildings are to be retained.

7.15 Historic England Historic England previously objected to the proposal on the grounds that in their view

it did not meet the requirements of the NPPF for sustainable development due to the harm that would be caused to the significance of the heritage assets affected. There have been a number of amendments to the scheme and we note a number of improvements that have addressed some of the issues raised in our original formal response (dated 25 May 2018). It is welcomed that the chimney is to be rebuilt to its full height, as is the retention of the western section of the mill pond. The new dwellings (9-11) and the conversion of the listed buildings all have their entrance frontages facing the mill pond which is a positive response to this important asset of the site. It also appears that the water tower is to be retained, which is welcomed. Historic England query if buildings 8 and 9 can be retained. (this is dealt with para 10.17 in the appraisal of this report). Recommend stone is salvaged and reused within the site, for parking areas and boundary walls. They are not objecting to the proposal but state amendments should be made and further clarification sought on a number of issues.

7.16 District Valuer

Consider the scheme can generate funds to provide 4 affordable housing units. This issue is in dispute by the applicants and is fully expanded upon in paragraph 10.45.

8.0 PLANNING POLICIES:

8.1 Section 38 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. Development Plan

8.2 The development plan for Leeds is made up of the adopted Core Strategy (2014), saved policies from the Leeds Unitary Development Plan (Review 2006) (UDP), Aire Valley Leeds Area Action Plan (2017) and the Natural Resources and Waste Development Plan Document (DPD), adopted January 2013 and any made Neighbourhood Plans.

Relevant Policies from the Core Strategy are:

Spatial policy 1 Location of development Spatial policy 6 Housing requirement and allocation of housing land

Spatial policy 7 Distribution of housing land and allocations Policy H1 Managed release of sites Policy H3 Density of residential development Policy H4 Housing mix Policy H5 Affordable housing Policy P10 Design Policy P11 Heritage Policy P12 Landscape Policy T1 Transport Management Policy T2 Accessibility requirements and new development Policy G1: Enhancing and extending green infrastructure Policy G4 New Greenspace provision Policy G8 Protection of species and habitats Policy G9 Biodiversity improvements Policy EN2 Sustainable design and construction Policy EN5 Managing flood risk Policy ID2 Planning obligations and developer contributions

Relevant Saved Policies from the UDP are:

GP5: General planning considerations.

N23/ N25: Landscape design and boundary treatment. N29: Archaeology. N35: Agricultural land N37A: New development within SLAs BD5: Design considerations for new build. ARC5: Archaeology T7A: Cycle parking. LD1: Landscape schemes.

Relevant DPD Policies are: GENERAL POLICY1 – Presumption in favour of sustainable development. MINERALS3 – Surface Coal resources AIR1 – Major development proposals to incorporate low emission measures. WATER1 – Water efficiency, including incorporation of sustainable drainage WATER4 – Effect of proposed development on flood risk. WATER6 – Provision of Flood Risk Assessment. WATER7 – No increase in surface water run-off, incorporate SUDs. LAND1 – Land contamination to be dealt with.

LAND2 – Development should conserve trees and introduce new tree planting. Draft Site Allocations Plan 8.3 Leeds’ draft Site Allocations Plan (SAP) was subject to hearings in August 2018,

which have now concluded. The Inspector has now issued her Main Modifications which is subject to a round of consultation which ended on 4th March 2019. The SAP is likely to be adopted in summer 2019 and therefore significant weight can therefore be attached to the SAP. The main modifications with regard to this site’s Hosuing allocation include a reference to an alternative access to Stonebridge Lane and no housing within Zone 3 flood risk.

Supplementary Planning Guidance and Documents

8.4 The following SPGs and SPDs are relevant:

SPG13 – Neighbourhoods for Living: A Guide for Residential Design in Leeds Street Design Guide SPD Parking SPD Travel Plans SPD Sustainable Construction SPD

National Planning Policy

8.5 The revised National Planning Policy Framework (NPPF), published in February 2019, and the National Planning Practice Guidance (NPPG), published March 2014, replaces previous Planning Policy Guidance/Statements in setting out the Government’s planning policies for England and how these are expected to be applied. One of the key principles at the heart of the Framework is a presumption in favour of Sustainable Development.

8.6 Relevant paragraphs are highlighted below.

Paragraph 12 Presumption in favour of sustainable development Paragraph 34 Developer contributions Paragraph 59 Boosting the Supply of Housing Paragraph 63 Reduced proportion of Affordable Housing on brownfield

sites Paragraph 64 Need for Affordable Housing Paragraph 91 Planning decisions should aim to achieve healthy,

inclusive and safe places Paragraph 108 Sustainable modes of Transport Paragraph 110 Priority first to pedestrian and cycle movements Paragraph 111 Requirement for Transport Assessment Paragraph 117 Effective use of land Paragraph 118 Recognition undeveloped land can perform functions Paragraph 122 Achieving appropriate densities Paragraph 127 Need for Good design which is sympathetic to local

Character and history Paragraph 130 Planning permission should be refused for poor design Paragraph 155 Inappropriate development in areas at risk of flooding

should be avoided Paragraph 163 Planning decisions should not increase flood risk

elsewhere Paragraph 170 Planning decisions should contribute to and enhance the

natural and local environment Paragraph 175 Protection and mitigation for biodiversity Paragraph 190 Impact of proposal on heritage asset

Paragraph 192 Enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation

Nationally Described Space Standards 8.7 This document sets a nationally-defined internal space standard for new dwellings.

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 its local plan to the nationally described space standard. With this in mind the city council is in the process of gathering evidence in relation to the adoption of the national standard as part of a future local plan review. The housing standards are a material consideration in dealing with planning applications, however as this

process is at a relatively early stage in Leeds, only limited weight can be attached to them at this stage.

Core Strategy Selective Review 8.8 The CSSR is at an advanced stage with hearing sessions concluded in February and

the Inspector’s Main Modifications being issued on 10th April 2019. These modifications raise no issues of principle with the policies and therefore significant weight can be attached to the Core Strategy Selective Review policies. More than significant weight can be attached to those polices which have no modifications.

Spatial policy 6 The Housing Requirement and Allocation of Housing Land Spatial policy 7 Distribution of Housing land and Allocations Policy H5 Affordable Housing Policy H9 Minimum Spacing Standards Policy H10 Accessible Housing Standards

Policy G4 Green Space Improvement and New Green Space Provision Policy EN1 Climate Change – Carbon Dioxide Reduction Policy EN2 Sustainable design and construction Policy EN4 District heating Policy EN8 Electric Vehicle Charging Infrastructure

9.0 MAIN ISSUES

• Principle of Development • Demolition of Listed Buildings (Listed Building Application 18/02141/LI) • Impact on the Special Character of the Listed Buildings • Reuse of Materials/ Architectural Features • Design/ Layout of New Build • Amenity Offered to Future Occupiers • Impact on Adjacent Occupiers • Bio-diversity and Ecology • Open Space • Viability/ Affordable Housing • Highways • Flooding • Other Matters

10.0 Appraisal Principle of Development 10.1 The site is a vacant site which is partly brownfield and part green field, which is

unallocated within the Leeds UDP however, and the site is allocated for Housing within the Site Housing Allocations Plan (HG2-205) with a capacity of 75 units. The site requirements within this plan, following the main modifications are as follows:

• Highway Access to Site: Public Transport improvements, footway

improvements on Stonebridge Lane. Significant alteration to Ring Road roundabout to provide vehicular access to the site, unless suitable alternative access to Stonebridge lane can be gained.

• Local Highway Network: This site will have a cumulative effect upon junctions on the A6110. The development will be required to contribute to measures to mitigate the cumulative impact of this and other allocated sites affecting this

section of the Outer Ring Road. In addition, a review of TRO's and traffic calming on Stonebridge Lane/Silver Royd Hill/Pipe and Nook Lane will be required.

• Ecology: An Ecological Assessment of the site is required. Provide a biodiversity buffer (not private garden space) to the northern, southern and eastern boundary

• Listed Buildings: The site includes a Listed Building. Any development should preserve the special architectural or historic interest of Listed Buildings and their setting. An assessment of the historic significance of the existing buildings should be undertaken to inform development on this site. The Listed Building, other positive buildings and the existing mill pond should be retained as part of the development. A buffer should also be provided between new build development and the mill buildings. Further guidance on these requirements is provided in the Heritage Background Paper.

• Flood Risk site requirement: ‘A small part of the site is affected by flood risk. A sequential approach should be taken to the layout of the site so that no housing or other more vulnerable development is located in the zone 3 high flood risk part of the site’.

10.2 The proposal is not considered to be premature given the highly advanced stage of

the Site Allocation Plan, the fact that the site is to remain as housing allocation, and no modification is proposed to this allocation. Significant weight can therefore be attributed to the proposed Housing allocation as the proposal is in full compliance with the SAP. The SAP Housing Background Paper recognises the significance of maintaining a 5 Year Housing Land Supply (YHLS). At present it is accepted that Leeds does not have a 5 year housing land, this was determined by the Inspector at a recent appeal decision at Main Street, Carlton on 13 March 2019. The Council’s published its Five Year Housing Land Supply Statement in November 2018 and presents the evidence of supply at 4.79 years. At the recent public inquiries the Council entered into a Statement of Common Ground at 4.3 years for the purposes of the events recognising the Inspectors observations on the significant amount of evidence relating to housing land supply before the inquiries. In the Carlton decision, whilst acknowledging that the deficit was only 0.7 years for the purposes of the decision, the Inspector gave significant weight to the benefit of bringing forward a deliverable site in light of the Framework’s imperative of significantly boosting the supply of homes.

10.3 Spatial Policy 1 of the Core Strategy relates to the location of development and

confirms the overall objective to concentrate the majority of new development within and adjacent to urban areas, taking advantage of existing services, high levels of accessibility, priorities for urban regeneration and an appropriate balance between brownfield and Greenfield land. It advises that the distribution and scale of development will be in accordance with the following principles:

i) The largest amount of development will be located in the Main Urban Area

and Major Settlements. Smaller Settlements will contribute to development needs with the scale of growth having regard to the settlement’s size, function and sustainability.

ii) In applying (i) above, the priority for identifying land for development will be

as follows: (a) – Previously developed land and buildings within the Main Urban Area/relevant settlement; (b) – Other suitable infill sites within the Main Urban Area/relevant settlement; and (c) – Key locations identified as sustainable extensions to the Main Urban Area/relevant settlement.

(iii) For development to respect and enhance the local character and identity of places and neighbourhoods.

10.4 The application site is within the main urban area of Leeds and is therefore considered

to fulfil the general objectives of policy SP1. When measured against the Adopted CS housing requirement of 70,000 homes (4,700 homes per annum) the Council’s five year land supply is 4.79 years. However, significant weight is given to Policy SP6 as amended by the Core Strategy Selective Review, which is at an advanced stage of preparation. The revised housing requirement is 51,952 homes or 3,247 homes per annum. The Inspector has published her main modifications to the plan and has not sought to modify the housing requirement. This figure would provide the Council with in excess of a 5 year housing land supply (circa 9 years).

10.5 Spatial Policy (CSSR) 6 confirms that the Council will identify 46,352 dwellings to

support the distribution in tables H2 and H3 in Spatial Policy 7 using the following considerations, Sustainable locations, Preference for brownfield and regeneration sites, the least impact on Green Belt purposes, Opportunities to reinforce or enhance the distinctiveness of existing neighbourhoods and quality of life of local communities through the design and standard of new homes, The need for realistic lead-in-times and build-out-rates for housing construction, The least negative and most positive impacts on green infrastructure, green corridors, green space and nature conservation, and generally avoiding or mitigating areas of flood risk.

10.6 In response to these considerations, it is considered that the proposal is located in a

sustainable location, within a main urban area, which is already served by local amenities and public transport. Spatial Policy 6 does express a preference for brownfield and regeneration sites and this site is brownfield with Listed Builings which are ‘at risk’. Moreover, the site is not within the Green Belt land such that there is no impact in this respect. With regard to design (iv), this is assessed fully in the report below but the scheme is now considered to reinforce the character of the adjacent neighbourhood. In terms of construction (v) the applicant has advised that should the site secure planning permission, they would look to start on site in August 2019 weeks after pre-commencement conditions were discharged, (assuming approval at this Panel). The impacts with regard to nature conservation (vi) and flood risk (vii) have been fully considered and are addressed in the report is paras 10.34-10.36 and 10.48, but none of these issues are considered to preclude development commencing in accordance with Spatial Policy 6.

10.8 The proposal complies within general objectives policies H1 and H2 which are

concerned with new housing developments. This is due to the fact the proposal protects Green Belt land, delivers a sizable number of units. The proposal also delivers a mix of housing (2- 4 bed accommodation) which meets the objectives of policy H4 (which is concerned with Housing Mix). It noted that the proposed housing mix is delivering under the minimum % in Core Strategy target by 10 % with regard to the preferred housing mix regarding 2 bed units and exceeding minimum % targets in 3 and 4 bed units.

10.9 The applicant has stated, in justification for the mix of housing proposed, that they

have found over recent years since the introduction of the Government ‘Help to Buy scheme’ there has been a clear shift from the popularity of 2 bedroom homes to 3 bedroom homes. Customers are taking advantage of the reduced loan to value borrowing, of the Help to Buy Scheme and using this to reach for a 3 bedroom homes instead of 2 bedroom. This avoids future house moves (and expense) for young families. This has been clearly reflected in a number of existing sites within Leeds where sales of three bedroom properties have been strong; whilst there has been less

interest in two bedroom properties. An increase in the number of three bedroom properties within the local area could facilitate mobility within the housing market, allowing two bedroom properties to be vacated by those currently living in two bedroomed accommodation who are looking to move within the area.

10.10 Policy H4 itself doesn’t specify set targets of different sized houses, but states

‘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.’ It is considered the development achieves this, and it is not considered that the mix of houses is harmful to the delivery of homes in this area, particularly given the other benefits of the development.

10.11 Policy H3 of the Core Strategy recommends a density of 40 dwellings her hectare,

within urban area. This location is defined as an urban area, as it is not located 500m from the settlement boundary, which is defined as a ‘fringe’ location. This scheme works out to a density of 30.1 units per hectare, as the site area is 3.72 ha. It is not considered a higher density could be achieved on site, without comprising the layout of the site, and setting of the Listed Buildings. Part of site are undevelopable, due to the need to retain the Nature Reserve area (see para 10.34) and the constraints of part of the site being with Flood Zone 3. It is important to note that the SAP identified the housing capacity of this site to be 75 units, which would result in even a lower density. Policy H3 does allow variation to the densities.

10.12 It is considered that the principle of this proposal accords with the Core Strategy

polices on new housing, subject to an assessment against all normal development control considerations. Housing regeneration and growth is a key priority for Leeds; it is a breakthrough project in the Best Council Plan. The main issue with regard to this application is the need to provide an adequate level of noise upon the site for the future occupiers of the development and whilst ensuring the layout is of a good design. The proposal will contribute towards the housing delivery of new homes as required by policy SP6 of the adopted Core Strategy and contribute towards Leeds City Council’s five year housing land supply.

Demolition of Listed Buildings (Application 18/02041/LI)

10.13 The proposal includes the restoration and demolition of several Listed Buildings. The previous Tesco approval, included the demolition of Listed Buildings which are again proposed through this application. The table below, highlights which buildings are to be retained (when compared to the Tesco’s approval).

Building No

Tesco approval Current application

1-3 Retained Retained

4-5 Demolished Demolished (to allow access into site)

6-7 Demolished Demolished

8-9 Retained

Demolished



14 Retained Retained

15

Retained Retailed

16-24 Demolished Demolished

Water Tower Demolished Retained

Mill Chimney Retained Retailed

Mill Pond Partial retention

Partial retention

10.14 This matrix maybe somewhat misleading as it details the loss of 15 buildings, and the

retention of 9, which implies most buildings are to be demolished. However most of the buildings proposed for demolition are relatively small and in a serious state of disrepair, some could be described as ruins. The most conspicuous, larger, landmark and visible buildings within the site are proposed for retention and conversion. These include the buildings which abut Stonebridge Lane, both landmark chimney towers, the former cottages and the 3 storey mill buildings (buildings 1-3).

10.15 When compared to the previous Tesco’s approval, the additional buildings proposed

for demolition are Buildings 8-9. The rear of these buildings abut Stonebridge Lane and provide a sense of enclosure to the site. The applicant has stated the rear walls of these buildings would be retained to still provide the enclosure to Stonebridge Lane. Historic England have queried whether building 8 and 9 can be retained. These building are small workshops, and the proposed plans seek to develop this area into 3 parking spaces. The Listed description for Buildings 8 and 9 states

Designated 05/09/1994 Grade II

Row of workshops, former storeroom, office and press-room. c1830, with later alterations. Handmade red/brown brick and coursed rubble, partly rendered. Slate and pantile roofs. Press-room to north-east, 2 storey, 6 windows, with double plank doors to entrance, with to the left four, 4-1ight windows, one with a timber lintel and to the right a doorway and beyond another 4-light window. Above to the right a 6-light casement, to the left a blocked window and beyond two 4-light windows. Most of these openings have segment brick heads.

10.16 It is important to note that this Listed description does not separate each of the

workshop buildings. This relates to 5 workshops (Building no’s 4, 5, 6, 8 and 9). It is considered these structures are listed due to their historic function, as oppose to their architectural quality or detailing. Building 8 and 9 are required to be demolished to allow connectively and permeability around the site and the larger retained Listed Buildings. Buildings 8 and 9 are considered to be in the worst condition and would not be suitable for conversion according to the structural survey by Fairhurst 2017. The submitted structural survey states that is clear that Buildings 8 and 9 exhibit a significant lean towards Stonebridge Lane and this is liable to worsen without extensive works to stabilise these buildings.

10.17 The Heritage Statement also states Building 8 were previously storerooms and this is

noted on the conveyance map of 1896. The Royal Commission on Historic Monuments of England (Yorkshire Textile Mills, 1992) noted that hand spinning was taking place in the upper floors of these buildings and the rows of mullioned windows,

which have now been blocked, allowed light into the upper rooms. Building 9 is recorded as being an office in 1896 which is backed by the research undertaken by Wortley Local History Group in 2001. It is also understood that there was a traditional fireplace located on the ground floor but there is no evidence of this on site.

10.18 The retention of Buildings 8 and 9 is not considered to be a viable option due to the

intrusive works which would be required to make the building structurally safe. There would be a loss of fabric in order to make the building safe and weathertight, and there would be need to be internal changes made to make the interior a larger and more usable space. Their current size also limits the potential uses for the buildings in a residential conversion scheme. The Conversation Officer, on balance has raised no objection to the proposed demolition works. Buildings 8-9 are in a poor structural state of repair, and it is considered other elements of this proposal (which were not proposed through the approved Tesco’s application) such as the retention of the Water Tower, outweigh the harm caused by the demolition of Buildings 8 and 9. On balance, the benefits of the retention, investment and conversion of the retained Listed Buildings and structures is considered to outweigh any harm caused by the demolition of Building 8 and 9. A duty to archaeology recording will be placed on the approval, prior to any demolition works occurring.

10.19 The retention of stone Water Tower, is very much welcomed and supported. It is a

local landmark, and one of the most visible parts of the site, which significantly contributes to its local identity, partly due to the writing upon the tower, its prominent location, and the high number of vehicles which pass it each day on the adjacent Ring Road. It is considered that this proposal does present a real opportunity for the long term preservation of Listed Buildings, by a developer who has a track record in delivering heritage schemes. Other developments which are either on site, or nearing completion by Rushbond include

• First White Cloth Hall- Kirkgate • Former Majestic – City Square • Upper Wortley Primary School • Former York Road Library

10.20 Previous consents for the listed buildings works for the conversion to alternatives uses have never materialised, and the buildings are becoming increasingly ‘at risk’. As required in the NPPF, there must be clear and concise justification and a public benefit to justify the proposed harm. This application does presents a real opportunity for the long term preservation of main largest Listed Buildings on site. It is considered the proposal to develop the site into a sole residential scheme is increasingly sympathetic, when compared to the previous Tesco’s approval (which is still extant) as this proposal retains the landmark Water Tower, and the previous approval which would have seen a larger number of HGV’s entering the site, making the deliveries on a daily basis. It is considered the proposal complies with all heritage policies both on a national and local level, and the proposal does comply with paras 190 and 192 of the NPPF and saved policy N29 of the UDP and P11 of the Core Strategy.

Impact on the Special Character of the Listed Buildings (to be retained) 10.21 It is considered the proposal has been carefully considered, with regard to retaining

the special character of the Listed Buildings. Most external alterations involve altering ground floor windows within the main Mill building (Building no’s 1, 2, 3 and 15) into entrance doors, utilising the existing stone heads. All new windows and doors to the Listed Buildings will be of timber construction, with new slate roofs. The layout of the conversion units have been designed bearing in mind the physical constraints of the

buildings, to minimise the amount of works required. This creates units which all vary in the size and layout, making the properties entirely unique.

10.22 The largest buildings upon the site are Building 1-3 and 15. Building 1 is the main mill

building, new flooring will be required internally where the joists have rotten however timbers will be retained and strengthened where possible. A new roof will be installed and although the runs of rooflights will not be reinstated, some rooflights are proposed along the same lines. There are limited internal walls within Building 1, and it is not considered the conversion works result in the loss of any special features within this building. Building 2, the former engine house, currently contains a large pressing machine which fills the entire structure. It is in a poor condition with access only permitted to the ground floor level as the upper timber floors are dangerous. In order to convert this structure, the machinery will be cut out and removed and new floors will be inserted to allow for conversion. Building 3 currently contains no internal floors and is being stabilised by structural scaffolding. The majority of this building will require extensive rebuilding of the stonework. The Structural Report written by Fairhurst in 2017 has assessed the condition of the building and deemed it to be in a poor structural condition. The proposed conversion works will ensure the long term retention and preservation of these Listed Buildings.

10.23 Buildings 10 and 11 are the oldest upon the site, and the original plans sought for these building to be demolished. The retention of these buildings is considered to be very important to retain the sense of cluster around the retained Mill Pond and enclosure to Stonebridge Lane. These buildings are listed due to their age and historic function. There are no internal features within these buildings to be retained. Due to their structural condition, these buildings will largely need to be re-built.

10.24 The Listed Buildings with the most remaining internal features are Buildings no’s 12,

13 and 14. As originally submitted Officers did not consider that the proposals had properly considered the interiors of the retained Listed Buildings in the submitted conversion plans. Building 14 which is not listed adjoins Building no’s 12 and 13 which Listed, and together are proposed to be converted into Units 83-91. Building 14 has an impressive stone turning stair case and interior glazed tiles. These are now to be retained within Unit 91. Others features within these buildings which are to be retained are the fire surrounds in units 83 and 90, an external door on unit 90 with internal row of cast iron pegs, and a timber staircase in unit 88. All timber floors and ceilings are to be retained, meaning the upper floors in this units with have an exposed vaulted ceilings. Internal timber doors are to be savaged and re-used

Reuse of Materials/ Architectural Features

10.25 The revised application has been supported by Heritage Asset Salvage Statement. The key points detailed in this statement are listed below.

o The water boiler adjacent to building 3 is to be retained. The enclosure

surrounding the boiler is to be carefully demolished and rebuilt incorporating selected existing stonework.

o The existing redundant weighbridge to the south of building 10 is to be retained

as a feature and re-set in its existing location. In the interest of safety, any void beneath the weighbridge will be filled.

o The dwarf stone wall and ramp to buildings 12 – 14 will be retained and repaired

where necessary.

o The tram lines set into the existing cobbles currently running adjacent to buildings 1 – 3 will be lifted and selectively re-located within the ‘gateway arrival’ area at the entrance to the site.

o Any additional existing coursed setts that are salvaged can be used to delineate

proposed car parking bays in the heritage area of the site and be used within the‘gateway arrival’ area at the front of the site.

10.26 It is considered the key architectural features are been retained on site, and pay

reference to the industrial past of the site and its previous use. The salvage statement also states that ‘Stone / brick boundary wall will utilise arising from demolition of listed buildings wherever practically possible’. It is considered that there is no reason why natural stone from the buildings which are to be demolished, cannot be used in the formation of new boundary walls to the new build ‘heritage’ properties and this will be conditioned on approval. This will link the new build properties with the retained buildings and help create a different character zone, when compared to the modern styled new build properties, and enhance the setting of the Listed Buildings. The retention of the cobbled streets, part of mill pond, and its stone walls and copings have all been secured through revisions. It is considered these are very important features which impact upon the setting of the Listed Buildings and give the site is special character, making it entirely unique. It is considered, subject to conditions that the scheme does comply with paras 190 and 192 of the NPPF and saved policy N29 of the UDP and P11 of the Core Strategy. Layout and Design of New Build Properties

10.27 The proposal has been designed with two character areas. The new build properties facing the Listed Buildings are described as a ‘heritage’ house type, and have a traditional ‘cottage’ like appearance with timber sash windows, dentils, string courses, and chimneys. The siting of these properties create a sense of enclosure to the preserved Listed Buildings and mill pond, which respects the historic form of the site which is characterised by buildings which are laid out in a tight grains and clutters. It is considered these properties do respect the setting of the Listed Buildings. Stone from the demolition works will be savaged and re-used in stone setts for parking areas and boundary walls for these new heritage properties. This will be secured through a planning condition.

10.28 In contrast, the remaining new building properties, which are located on the eastern

part of the site are of a modern design, with facing materials of render, brick with aluminium slim line windows. The layout of the new build element of the scheme has been subject to much discussion with Officers. The layout has been amended to have house types grouped together to provide a degree of constituency and patterning throughout this part of the site. To maximise the number of properties which can be developed on the site, the new-build properties are terraced in predominantly blocks of 3 and 4 units. No detached or semi-detached properties are proposed. All the properties have frontage parking, which does create a car dominated scheme.

10.29 The layout with regard to parking, is contrary to the design advice of the adopted SPG

‘Neighbourhoods for Living’ which states parking on new residential schemes should ‘use discreet and innovative solutions for car parking’ and ‘set parking behind the front of the dwellings’. This adopted guidance explicitly states ‘avoid vehicles dominating the frontage’. The scheme is fairly dense and has been devised in this format to maximise density and subsequently funds. The applicants have stated this quantum of development is essential to generate funds to allow the restoration of the Listed Buildings and to preserve the two landmark chimneys and partial retention of Mill

Pond. This approach was supported by Members at Plans Panel in October 2018, due to the heritage benefits of the scheme.

10.30 In total there are 11 properties out of 82 new build, which equates to 13.4% of the

total, which have integral garages. These properties are located in 3 separate blocks in different parts of the site. Where there is a block of terraced properties with integral garages, the properties located opposite have ground floor windows. This ensures there is good level of natural surveillance throughout the site. The frontages of the properties have areas of soft landscaping which do provide a degree of visual relief within the development. A duty to retain these areas, to ensure they are not hard surfaced will be conditioned on the approval of the application. Permitted Development rights will also be removed on the new build plots which have the smallest garden areas (Plots 29-57, 77-87) to ensure these plots are not over-developed and on garage conversions, as they do provide additional parking space on the plots which only have one external parking space. Overall it is considered the proposal would create a high quality development and complies with policy P10 of the adopted Core Strategy.

Level of Amenity Offered to the Future Occupiers 10.31 As stated above, the conversion properties all vary in the size and form. All the

conversion properties are houses, which are located between 2 and 4 storeys. Some of these properties are single aspect, but all are considered to be generously proportioned, with large windows, high ceilings (the size of the internal accommodation are detailed in para 2.6). All but 2 (units 91 and 112) of the 30 conversion units do have a dedicated garden areas, which do vary from small yards to large lawn areas. Most of these garden areas are under the 2/3 policy guidance of SPG ‘Neighbourhoods for Living’. However clearly, the design of the conversion properties are constrained by the existing form of the listed buildings and the physicality’s of the site, and it is considered the future occupiers will experience a good level of amenity, within a unique character property.

10.32 The new build properties all have a dual aspects, with good clear aspects and

outlooks, and all the new build properties meet with the minimum spacing standards as described in the DCLG ‘Technical Housing Standards- Nationally described space standards’ and the CSSR emerging policy H9. The majority of the gardens equate to approximately 50-60% of the internal floor area. Some exceed the adopted guidance of the 2/3 rule and some fall under. However increasingly the size of the gardens areas would result in a lower number of units, which would have an impact on viability, which has been a key issue throughout the assessment of this application.

Impact on Adjacent Occupiers 10.33 It is not considered the proposal would have an adverse impact on existing residents

who live near to the site. The nearest properties are located on Silver Royd Drive, these are approximately in excess of 50m away from the proposal new build properties, and are situated at a higher land level. These properties will be protected from the development, from the tree belt which is to be retained along the northern part of the site. The distances are way in excess of the minimal spacing standards as stated in the adopted SPG ‘Neighbourhoods for Living’. The proposed land use, C3 residential conforms with the adjacent land uses. It is considered the previous B1/ B2 and extant Tesco’s consent would have had a far greater impact on residential amenity, when compared to the C3 use now proposed. In this respect, it is considered the proposal complies with saved UDP policy GP5.

Bio-diversity and Ecology

10.34 The site has a high ecological value ‘Priority Habitats’ (pond and deciduous woodland). Trees occupy the majority of the site, with the buildings only occupying a small part of the site towards the north western boundary. The original proposal (as submitted) sought to include the protected wooded area located along the north-eastern boundary of the site into the rear garden of plots 12- 39. The Nature Conservation Officer objected to this arrangement, stating in reality the land would be become domesticated, and lose its ecological value, and should be retained in its current form as a nature trail. It is considered given the fact the rear gardens of these properties are north-east facing, the future occupiers of these properties would be highly likely seek to develop the end of their gardens (where they benefit from the longest hours of sunshine) into a useable garden areas, constructing patio/ decked areas etc. This is the same location as the Tree Preservation Order (TPO) wooded area.

10.35 The developers have now (in response to these concerns) removed this area from

the rear gardens of plots 12-39, and propose to now leave the area undeveloped and gated, it would not be publically accessible. This would leave an isolated linear area of land, being surrounded by rear gardens, from both the proposed development and the existing properties located on Silver Royd Drive. Given the site constraints it is considered this is the best solution to secure and preserve the ecological value of the site. It is worth noting that the site is proposed as a Housing Allocation HG2-205 through the SAP, which is at a highly advanced stage. The SAP states that an Ecological Assessment of the site is required, in support of a planning application and a housing development should provide a biodiversity buffer (not private garden space) to the northern, southern and eastern boundaries. It is now considered the proposal does follow these requirements.

10.36 Negotiations with Officers have secured the partial retention of the Mill Pond. This

was considered very important to preserve the setting of the Listed Buildings which are situated around it, with will provide a recreational and ecological function within the site. It is regrettable that part of the Mill Pond is to be loss. However it full retention would lead to the loss a significant developable area, an estimate of approximately 30 new build units. As explained in para 10.43, the viability of the development is a significant issue, largely due to the restoration costs of restoring and converting the Listed Buildings. The loss of this number of units would clearly render the scheme unviable and would mean the development does not come forward. It is important to note that the extant Tesco’s approval also included the partial removal of the Mill Pond, and technically this consent could still be implemented.

Open Space 10.37 The proposal includes on site green space provision, in various areas, which is

illustrated in the table below.

Location

Size in sq m

Wortley Beck (publically open) 7,453

Existing Woodland 2,656

Retained Mill Pond 620

Arrival Courtyard 162

Verge Planting 431

TOTAL

11,322

The main area of open space is located on the southern part of the site, adjacent to the Ring Road and Wortley Beck. This part of the site is within Flood Zone 3. The Environmental Agency have requested an 8 metre easement strip along the length of the riverbank to be kept clear of permanent structures such as buildings. This is to maintain access to the riverbank for any improvements or maintenance. The area of on-site open space is 7,453 sq m, following the policy guidance of G4, for the scheme to be policy compliant there should be 0.896 ha.

10.38 As stated in paragraph 10.32 there is also a significant area (2,656 sq m) left as a

Nature Reserve and the partial retention of the Mill Pond, which all provide additional recreational functions to the site. When these areas are considered along with the main area of open green space, the requirements of G4 are exceeded. It is therefore considered that the proposal complies with the policy guidance of policy G4. The maintenance of the on-site Green Space will be secured by a S106 agreement.

Highways

10.39 The proposal includes a new access taken off Stonebridge Lane, located opposite the Gala Bingo site. The existing access is sub-standard and located on a bend in the road and couldn’t accommodate two-way traffic. Highways colleagues have stated although the development is served by a single vehicle access point from Stonebridge Lane; and whilst an additional access would be preferable, it is recognised that this is not possible in this instance, given the constraints of the site. Highways have raised no objections to the layout of the development.

10.40 Each of the properties have 2 parking spaces each, including the conversion units. All of the new build properties have parking within their own dedicated curtilage, and the parking for the conversion units are located within 4 separate parking areas. It is considered the amount of parking is appropriate for the development proposed. Highways have confirmed also, that there are opportunities within the site for on-street parking, as there are expanses of highway, where properties are located at only one side of the highway, and the carriage width, allows for on-street parking for vistors. It is considered that the proposal complies with policy T2 of the adopted Core Strategy.

10.41 The site meets LCC Core Strategy accessibility standards with regards to distance to health, local facilities and schools, but the pedestrian route to the nearest primary school requires improvement with regard to footway provision, and crossing facilities on Stonebridge Lane, south of the ring road (these works will cost £25,000 and are to be secured through the S106 agreement). Other highways improvements include a new 2m wide footway around the south-western corner of the site, from the site access to the existing footway on the Ring Road. The route to the nearest secondary school will also be improved by the crossing provision on Stonebridge Lane adjacent to the site). An informal crossing point is proposed with dropped kerbs, tactiles and a pedestrian refuge, which is considered appropriate. To improve accessibility to frequent bus services, additional footway and an informal crossing on Tong Road are to be provided, along with resurfacing, to a width of 2m, the footpaths form Tong Road to the bus stops. This will be secured through a S278 agreement (off-site highway works planning condition). The off-site highway works can be summarised below

• Formation of the new site access, with dropped kerbs and tactile paving;

• New footway on the site frontage and an informal pedestrian crossing with refuge, dropped kerbs and tactile paving on Stonebridge Lane;

• New footway, dropped kerbs, tactile paving and refuge on Tong Road to provide pedestrian crossing facilities

• Resurfacing of the footpaths from Tong Road to the bus stops, to a width of 2m.

10.42 Also, in accordance with the Travel Plans SPD, the following contributions are also

been sought

• Bus stop improvement £10,000 • Residential Travel Fund £62,370

However the developers have declined to fund these public transport contributions

siting viability issues. The viability of the scheme is covered in the next section of this report in paragraph 10.43. The developers have stated they do not consider that many people who would occupy the development would travel on Public Transport to Pudsey (although no evidence has been submitted on passenger’s numbers etc) and therefore the sought after £10,000 bus stop improvement would not be a significant public benefit. The bus stop nearest to the site (which travels into Leeds) already benefits from a shelter and real time information, and is more likely to be more popular and utilised by the future occupiers of the development.

Viability/ Affordable Housing

10.43 The application is fully supported by a full viability financial appraisal. This details the total cost of the development and the level of profit the development will generate and the scope for planning gain contributions such as Affordable Housing and Public Transport Improvements. This was been reviewed by the District Valuer, a meeting also took place on 4th April 2019 with the District Valuer and the developer to discuss the matters of dispute, with regard to the financial appraisal.

10.44 The applicant has successfully made a case for Vacant Building Credit (VBC) on the

development. VBC was introduced to promote development on brownfield sites. It allows the floor space of existing buildings that are to be redeveloped to be offset against the calculations for S106 affordable housing requirements (whether financial contribution or provision). It applies to any building that has not been abandoned and is brought back into any lawful use, or is demolished to be replaced by a new building. It was announced by the Department for Communities and Local Government ('DCLG') in November 2014, following DCLG's consultation on planning performance and contributions, and thereafter made its way into the national Planning Practice Guidance ('PPG'). The issue of Vacant Building Credits is covered by paragraph 63 of the revised NPPF 2019.

10.45 Applying VBC on the development reduces the Affordable Housing requirement upon

the site to 5% (from 15%). The District Valuer has stated they consider, after reviewing the Financial Viability Appraisal there is scope for the development to provide 4 affordable housing units. The developer disputes this. The areas of dispute between the DV and the applicants can be summarised below.

• Level of expected profit • Construction cost of new build properties, different interpretations of the

RICS benchmarks • External works cost at 16% (which the DV considers is high, against the

figure of 10% based on best practice for brownfield sites)

• Phasing - DV considers 2.5 sales per month on conversions and 3.9 per month on new builds. The Developer has assumed 3 sales per month on conversions and 3.6 per month on new builds

• Contingency costs. The DV has used a figure of 4% overall, based on norms of 3% for new builds and 5% for brownfield sites. As site is part new build part brownfield 4% has been adopted. The developer has adopted a figure of 5% overall.

10.46 The Viability Appraisal, is an area of work and expertise which, in part is based on

modelling, experience and assumptions. The methodology is open to interpretation. The DV has accepted the high abnormal costs, and recognise the site is severely constrained, and difficult to develop given its Listed status, and flooding issues. In order to ensure development is forthcoming and able to commence this year (the applicants have stated development will commence in August 2019), officers consider that in this instance that instead of requiring an Affordable housing provision or equivalent contribution, an ‘overage’ clause in the S106 agreement would be appropriate, with regard to Affordable Housing provision. This adopts a pragmatic approach, to enable development, whilst also ensuring a provision of Affordable Housing can be secured, should the scheme deliver an increased financial return.

10.47 The overage clause, would place a duty for the developers to submit a further financial

appraisal to the LPA, on the sale of the 50% of the new build properties. (The conversion units are exempt from this, as the application of VBC means no AH provision is required from this element of the scheme). If the actual sale prices were greater than those predicted and / or construction costs were less than those previously quoted in the Viability Appraisal (dated 5.12.18) then there would be a duty for the developers to make a contribution towards Affordable Housing (up to a maximum of 4 units) on the latter half of the new build development. This mechanism provides for an element of affordable housing, should the scheme deliver a level of net profit which allows so. It is considered given the difference of opinion of the DV and the applicants on likely development costs, this mechanism offers a practical solution which offers protection to both the LPA in their duty to deliver affordable housing, and to the developer, to ensure they gain a minimum level of profit.

Flooding Issues 10.48 The Drainage Strategy ref: Fairhurst 114134/05 dated March 2018, indicates

acceptable proposals for the surface water drainage of the site. The proposals include a pumping station, located on the southern side of the site. The flood risk related matters, i.e. proposals for raising flood levels and the provision of mitigation storage have been commented on by the Environment Agency and appropriate conditions have been recommended to deal with those issues. Mains Drainage have raised no objections to the proposal. The area of the site which lies within the flood zone is not to be built on, and has been left undeveloped as on-site green space.

Other Matters

10.49 Some issues raised by the objections, such as a loss of a view and impact on property prices are not material planning considerations. All others matters raised by objectors, and covered in the appraisal of this report.

11 Conclusion 11.1 The proposal offers an opportunity for the site, and its Listed Building to be preserved

and brought into use, after decades of being vacant and dereliction. It is considered the proposal has been devised to retain the best historic assets on site, while

providing the opportunity to develop part of the site with new build properties to generate the necessary funds for the restoration works. The proposal retains the landmark chimneys, part of the mill pond and offers extensive areas of open space and landscaping, including the characterful cobbled streets. It is considered the proposal will create a unique new neighbourhood, and quality, generous sized accommodation, which respects the industrial heritage of the site, and preserves the best areas of Nature Conservation and trees.

11.2 The package of off-site highway works will mitigate the impact of the development

and the proposed overage clause within the S106 agreement will allow the possible provision of an element of affordable housing (should profits levels allow). It is considered the benefits of the development outweigh any harm causes. It is considered that the proposal complies with the main theme and objectives of the NPPF of delivering quality new housing within sustainable locations, upon brownfield sites.

11.3 In conclusion the proposal will ensure the long term preservation of the Listed

Buildings, by bringing them back into use, and the scheme preserve their special character, and permission should be granted for both the Planning and Listed Buildings applications subject to the S106 agreement and conditions set out within the report.

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