O'Connell, Adam

From: Department of Planning Sent: 09 January 2019 16:52 To: Bacon, James Subject: FW: Planning Application 18/07939/FU Mirchi Indian Restaurant 12 Church Lane

‐‐‐‐‐Original Message‐‐‐‐‐ From: [email protected] [mailto:[email protected]] Sent: 09 January 2019 16:48 To: Department of Planning Subject: RE: Planning Application 18/07939/FU Mirchi Indian Restaurant 12 Church Lane

Hi , The Council wish to discuss this at the next meeting which will be Tuesday the 5th of February. An extension of time will therefore be needed. Kind regards Diane

Diane Brown Parish Clerk and Responsible Financial Officer SwillingtonVillage Council

We will only use personal information for services you provide to us or we provide to you. The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system.

‐‐‐‐‐Original Message‐‐‐‐‐ From: planning@.gov.uk Sent: 09 January 2019 08:38 To: [email protected] Subject: Planning Application 18/07939/FU Mirchi Indian Restaurant 12 Church Lane

Dear Sir/Madam

Please see the attached notification

Yours faithfully

______

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system.

The Council does not accept service of legal documents by e‐mail. ______1 O'Connell, Adam

From: DEV Planning Comments Sent: 25 January 2019 15:15 To: Bacon, James Subject: Comments for Planning Application 18/07939/FU

Planning Application comments have been made.

Comments have been received from Reg. 12 (3) on Friday 25 Jan 2019.

Application Summary Address : Mirchi Indian Restaurant, 12 Church Lane, , Leeds, LS26 8DX,

Proposal : Change of Use from Shop (A1) to Restaurant (A3); new cladding/walling to existing flue

Case Officer : Mr James Bacon

Click for further information

Details have been added to the Contributors screen in Uniform and a copy of the comments has been uploaded to Idox.

This email has been generated by Enterprise.

1 O'Connell, Adam

From: DEV Planning Comments Sent: 29 January 2019 16:04 To: Bacon, James Subject: Consultee Comments for Planning Application 18/07939/FU

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 4:04 PM on 29 Jan 2019 from - Highways Team ([email protected]) on behalf of Highways.

Application Summary Reference: 18/07939/FU Mirchi Indian Restaurant 12 Church Lane Swillington Address: Leeds LS26 8DX Change of Use from Shop (A1) to Restaurant (A3); new Proposal: cladding/walling to existing flue Case Officer: Mr James Bacon

Click for further information

Comments Details Comments submitted as file upload: 18-07939-1.pdf

1 O'Connell, Adam

From: DEV Planning Comments Sent: 30 January 2019 11:18 To: Bacon, James Subject: Consultee Comments for Planning Application 18/07939/FU

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 11:17 AM on 30 Jan 2019 from - Flood Risk Management ([email protected]) on behalf of Flood Risk Management.

Application Summary Reference: 18/07939/FU Mirchi Indian Restaurant 12 Church Lane Swillington Address: Leeds LS26 8DX Change of Use from Shop (A1) to Restaurant (A3); new Proposal: cladding/walling to existing flue Case Officer: Mr James Bacon

Click for further information

Comments Details Flood Risk Management (FRM) comments:

FRM have no objections.

The developer should ensure that grease separators are Comments: incorporated within the drainage system as the development will consist of the preparation of hot foods.

Kind regards,

Emmy Matema

1 O'Connell, Adam

From: DEV Planning Comments Sent: 06 February 2019 10:41 To: Bacon, James Subject: Comments for Planning Application 18/07939/FU

Planning Application comments have been made.

Comments have been received from Reg. 12 (3) on Wednesday 6 Feb 2019.

Application Summary Address : Mirchi Indian Restaurant, 12 Church Lane, Swillington, Leeds, LS26 8DX,

Proposal : Change of Use from Shop (A1) to Restaurant (A3); new cladding/walling to existing flue

Case Officer : Mr James Bacon

Click for further information

Details have been added to the Contributors screen in Uniform and a copy of the comments has been uploaded to Idox.

This email has been generated by Enterprise.

1 O'Connell, Adam

From: Bacon, James Sent: 06 February 2019 16:38 To: Paj Riyat Subject: FW: Consultee Comments for Planning Application 18/07939/FU

Hi Paj, noticed that Highways are seeking some further information on this one‐ please see their comments (follow the below link)‐ I’d be grateful if you could respond to assist their assessment.

Many thanks

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: [email protected] [mailto:[email protected]] Sent: 29 January 2019 16:04 To: Bacon, James Subject: Consultee Comments for Planning Application 18/07939/FU

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 4:04 PM on 29 Jan 2019 from - Highways Team ([email protected]) on behalf of Highways.

Application Summary Reference: 18/07939/FU Mirchi Indian Restaurant 12 Church Lane Swillington Address: Leeds LS26 8DX Change of Use from Shop (A1) to Restaurant (A3); new Proposal: cladding/walling to existing flue Case Officer: Mr James Bacon

Click for further information

Comments Details Comments submitted as file upload: 18-07939-1.pdf

1 O'Connell, Adam

From: Footitt, Lewis Sent: 07 February 2019 10:36 To: Bacon, James Subject: FW: Planning Application 18/07939/FU Mirchi Indian Restaurant 12 Church Lane

Hi James, now on IDOX. Regards

Lewis Footitt Technical Officer Planning Services

‐‐‐‐‐Original Message‐‐‐‐‐ From: [email protected] [mailto:[email protected]] Sent: 06 February 2019 18:18 To: Department of Planning Subject: RE: Planning Application 18/07939/FU Mirchi Indian Restaurant 12 Church Lane

This application was discussed at our meeting last night and the Village Council has strong objections to this development.

The restaurant is already operating under the flexible planning laws which are not in the best interests of the community. There has to be a valid reason in the first instance for refusal of a development which are then overturned for no reason except this worrying loophole arrangement. Two years ago the application was not approved because of road safety issues, these issues still exist they have not been remedied. This is a very busy road with little parking . In liaison with the Police we have been trying to make it safer and stopping people parking carelessly but the problem continues. There simply is not any more room for any additional parking. The restaurant has been in operation for almost two years and in that time the applicant has had little regard for their neighbours the illegal flue currently there is an eyesore and is adversely affecting those living next to it. The applicant has continuously flaunted the planning laws and this problem is currently a standing item on our agenda with the local community concerned as to what Leeds CC is actually doing to solve this? We await further contact Diane Brown Parish Clerk and Responsible Financial Officer SwillingtonVillage Council

We will only use personal information for services you provide to us or we provide to you. The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system.

‐‐‐‐‐Original Message‐‐‐‐‐ From: [email protected] Sent: 09 January 2019 08:38 To: [email protected] Subject: Planning Application 18/07939/FU Mirchi Indian Restaurant 12 Church Lane

1 Dear Sir/Madam

Please see the attached notification

Yours faithfully

______

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system.

The Council does not accept service of legal documents by e‐mail. ______

‐‐‐ This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus

2 O'Connell, Adam

From: Paj Riyat Sent: 08 February 2019 10:51 To: Bacon, James Subject: Planning Application 18/06274/COND 12 Church Lane, Swillington

Hi James

Following our conversation and the telephone conversation I have had with Dan Riley in Highways, please find attached revised drawing for the above.

Kind Regards

Paj Riyat

RIYAT ASSOCIATES LTD Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds, LS7 1BL Tel: 01132 455 492 Fax: 01132 443 800 E-Mail: [email protected]

1 O'Connell, Adam

From: Reg. 12 (3) Sent: 12 February 2019 11:40 To: Bacon, James Subject: Parking 12 Church Lane Swillington 18/07939/fu

On the new drawings submitted for parking l believe parking spaces 4 & 9 are shown on a parchment of land owned by LCC plus there is no indication of parking for the residents of the two flats above Thanks S Gott Sent from my iPad

1 O'Connell, Adam

From: Bacon, James Sent: 12 February 2019 16:55 To: Riley, Dan Subject: FW: Planning Application 18/06274/COND 12 Church Lane, Swillington Attachments: 12 Church Lane - 2610 Rev C-Layout- DRAFT1.pdf

Hi Dan, just a heads up that additional details have been received in relation to the above to help with your assessment (I’ve generated a formal consultation request through Caps).

A local resident has viewed the plan and questioned whether spaces 4 & 9 are shown on land owned by LCC (i.e. in the adopted highway) and that no parking for residents of the two flats above. Just something to bear in mind during your assessment…

Many thanks

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Paj Riyat [mailto:[email protected]] Sent: 08 February 2019 10:51 To: Bacon, James Subject: Planning Application 18/06274/COND 12 Church Lane, Swillington

Hi James

Following our conversation and the telephone conversation I have had with Dan Riley in Highways, please find attached revised drawing for the above.

Kind Regards

Paj Riyat

RIYAT ASSOCIATES LTD Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds, LS7 1BL Tel: 01132 455 492 Fax: 01132 443 800 E-Mail: [email protected]

1

O'Connell, Adam

From: Reg. 12 (3) Sent: 12 February 2019 21:31 To: Bacon, James Subject: Re: Parking 12 Church Lane Swillington 18/07939/fu

Thanks Mr Bacon as I have a letter of objection on the publicly viewable planning file I don,t feel it necessary Regard Reg. 12 (3)

> On 12 Feb 2019, at 16:57, Bacon, James wrote: > > Reg. 12 thanks for your email‐ do you wish your comments to be uploaded on to the publicly viewable planning file? (3) > > I have highlighted your observations with the relevant Highways officer and I am awaiting their formal comment on the plan submitted. > > > Regards > > James Bacon > Senior Planner > Planning & Sustainable Development (East) > > P (0113) 3787963 > [email protected] > @@9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB > > Please note that I do not work on Fridays > > > ‐‐‐‐‐Original Message‐‐‐‐‐ > From: Reg. 12 (3) > Sent: 12 February 2019 11:40 > To: Bacon, James > Subject: Parking 12 Church Lane Swillington 18/07939/fu > > On the new drawings submitted for parking l believe parking spaces 4 & 9 are shown on a parchment of land owned by LCC plus there is no indication of parking for the residents of the two flats above Thanks Reg. Sent from my iPad 12 (3) > > ______> > The information in this email (and any attachment) may be for the > intended recipient only. If you know you are not the intended recipient, > please do not use or disclose the information in any way and please > delete this email (and any attachment) from your system. > > The Council does not accept service of legal documents by e‐mail. > ______>

1 O'Connell, Adam

From: Riley, Dan Sent: 14 February 2019 09:57 To: Bacon, James Subject: RE: Planning Application 18/06274/COND 12 Church Lane, Swillington

Thanks for letting me know about that mate, I’ll make sure to check it when doing my consultation response.

Kind regards,

Daniel Riley Highways Development Technician Transport Development Services East and North East Team Merrion House 110 Merrion Centre LEEDS LS2 8BB T: 0113 37 88093

Please note that any opinions expressed in this email are officer views only and are in no way legally binding upon the City Council and should be borne in mind that the views expressed above are without prejudice to the views of others including officers and members of this authority and are given in relation to highway matters only.

 Please consider the environment before printing this email.

From: Bacon, James Sent: 12 February 2019 16:55 To: Riley, Dan Subject: FW: Planning Application 18/06274/COND 12 Church Lane, Swillington

Hi Dan, just a heads up that additional details have been received in relation to the above to help with your assessment (I’ve generated a formal consultation request through Caps).

A local resident has viewed the plan and questioned whether spaces 4 & 9 are shown on land owned by LCC (i.e. in the adopted highway) and that no parking for residents of the two flats above. Just something to bear in mind during your assessment…

Many thanks

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

1 From: Paj Riyat [mailto:[email protected]] Sent: 08 February 2019 10:51 To: Bacon, James Subject: Planning Application 18/06274/COND 12 Church Lane, Swillington

Hi James

Following our conversation and the telephone conversation I have had with Dan Riley in Highways, please find attached revised drawing for the above.

Kind Regards

Paj Riyat

RIYAT ASSOCIATES LTD Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds, LS7 1BL Tel: 01132 455 492 Fax: 01132 443 800 E-Mail: [email protected]

2 O'Connell, Adam

From: DEV Planning Comments Sent: 18 February 2019 16:40 To: Bacon, James Subject: Consultee Comments for Planning Application 18/07939/FU

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 4:39 PM on 18 Feb 2019 from - Highways Team ([email protected]) on behalf of Highways.

Application Summary Reference: 18/07939/FU Mirchi Indian Restaurant 12 Church Lane Swillington Address: Leeds LS26 8DX Change of Use from Shop (A1) to Restaurant (A3); new Proposal: cladding/walling to existing flue Case Officer: Mr James Bacon

Click for further information

Comments Details Comments submitted as file upload: 18-07939-2.pdf

1 O'Connell, Adam

From: Bacon, James Sent: 26 February 2019 10:05 To: Riley, Dan Subject: FW: Consultee Comments for Planning Application 18/07939/FU

Hi Dan, I have had a look at your comments on the parking situation and note your objections.

This site has an interesting planning history in that the restaurant use occupied the premises under flexible planning use regulations (time limited for 3yrs) having been previously refused a change of use on highway related grounds. You highlight shortcomings in the proposed parking layout and parking numbers and that you are aware of parking issues at the site/vicinity of the site‐ do you have a record of complaints received?

I imagine any refusal (and anticipate this will be something local residents will be supportive of) will lead to a planning appeal so it would be important to bolster the Council’s case with a history of parking related complaints arising from the operation of this unit over the past 3yrs. This would be something tangible that could be presented to any Planning Inspector and make the Council’s case more robust.

Happy to discuss if need be.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: [email protected] [mailto:[email protected]] Sent: 18 February 2019 16:40 To: Bacon, James Subject: Consultee Comments for Planning Application 18/07939/FU

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 4:39 PM on 18 Feb 2019 from - Highways Team ([email protected]) on behalf of Highways.

Application Summary Reference: 18/07939/FU Mirchi Indian Restaurant 12 Church Lane Swillington Address: Leeds LS26 8DX Change of Use from Shop (A1) to Restaurant (A3); new Proposal: cladding/walling to existing flue Case Officer: Mr James Bacon

Click for further information

1

Comments Details Comments submitted as file upload: 18-07939-2.pdf

2 O'Connell, Adam

From: Riley, Dan Sent: 26 February 2019 15:06 To: Bacon, James Subject: RE: Consultee Comments for Planning Application 18/07939/FU

Hi James,

I raised concerns regarding parking based on the fact parking was mentioned in both objection comments against the application with Reg. 12 (3) objection specifically mentioning vehicles parking on‐street is leading to road safety issues for pedestrians. I have spoken to traffic and they have had no formal complaints regarding parking on Church Lane however we can use objector comments to support a reason for refusal.

Although the restaurant may have been operating under a flexible permission this has never been approved by highways and I would not like to support this application considering the contribution it is likely to have on the surrounding residential streets. Vehicles are also known to park on‐street from observations on my site visit and restaurant parking is likely to displace these vehicles which could lead to disputes between neigbours over parking in front of eachothers houses.

It should be noted that when traffic were introducing the 20mph limit to Church Lane speed cushions were chosen ahead of road humps as their construction is generally better for vehicles to park near. This came after a resident mentioned vehicles currently park on‐street on Church Lane which supports our argument.

Kind regards,

Daniel Riley Highways Development Technician Leeds City Council Transport Development Services East and North East Team Merrion House 110 Merrion Centre LEEDS LS2 8BB T: 0113 37 88093

Please note that any opinions expressed in this email are officer views only and are in no way legally binding upon the City Council and should be borne in mind that the views expressed above are without prejudice to the views of others including officers and members of this authority and are given in relation to highway matters only.

 Please consider the environment before printing this email.

From: Bacon, James Sent: 26 February 2019 10:59 To: Riley, Dan Subject: FW: Consultee Comments for Planning Application 18/07939/FU

Hi Dan, I have had a look at your comments on the parking situation and note your objections.

This site has an interesting planning history in that the restaurant use occupied the premises under flexible planning use regulations (time limited for 3yrs) having been previously refused a change of use on highway related grounds.

1 You highlight shortcomings in the proposed parking layout and parking numbers and that you are aware of parking issues at the site/vicinity of the site‐ do you have a record of complaints received?

I imagine any refusal (and anticipate this will be something local residents will be supportive of) will lead to a planning appeal so it would be important to bolster the Council’s case with a history of parking related complaints arising from the operation of this unit over the past 3yrs. This would be something tangible that could be presented to any Planning Inspector and make the Council’s case more robust.

Happy to discuss if need be.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: [email protected] [mailto:[email protected]] Sent: 18 February 2019 16:40 To: Bacon, James Subject: Consultee Comments for Planning Application 18/07939/FU

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 4:39 PM on 18 Feb 2019 from - Highways Team ([email protected]) on behalf of Highways.

Application Summary Reference: 18/07939/FU Mirchi Indian Restaurant 12 Church Lane Swillington Address: Leeds LS26 8DX Change of Use from Shop (A1) to Restaurant (A3); new Proposal: cladding/walling to existing flue Case Officer: Mr James Bacon

Click for further information

Comments Details Comments submitted as file upload: 18-07939-2.pdf

2 O'Connell, Adam

From: Bacon, James Sent: 26 February 2019 16:16 To: Riley, Dan Subject: RE: Consultee Comments for Planning Application 18/07939/FU

Ok, thanks for your comments – just want to be sure we can suitably evidence up the problem in the likelihood of an appeal. I might come back to you for further information as I put together the report‐ hope you don’t mind.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Riley, Dan Sent: 26 February 2019 15:06 To: Bacon, James Subject: RE: Consultee Comments for Planning Application 18/07939/FU

Hi James,

I raised concerns regarding parking based on the fact parking was mentioned in both objection comments against the application with Reg. 12 (3) objection specifically mentioning vehicles parking on‐street is leading to road safety issues for pedestrians. I have spoken to traffic and they have had no formal complaints regarding parking on Church Lane however we can use objector comments to support a reason for refusal.

Although the restaurant may have been operating under a flexible permission this has never been approved by highways and I would not like to support this application considering the contribution it is likely to have on the surrounding residential streets. Vehicles are also known to park on‐street from observations on my site visit and restaurant parking is likely to displace these vehicles which could lead to disputes between neigbours over parking in front of eachothers houses.

It should be noted that when traffic were introducing the 20mph limit to Church Lane speed cushions were chosen ahead of road humps as their construction is generally better for vehicles to park near. This came after a resident mentioned vehicles currently park on‐street on Church Lane which supports our argument.

Kind regards,

Daniel Riley Highways Development Technician Leeds City Council Transport Development Services East and North East Team Merrion House 110 Merrion Centre LEEDS

1 LS2 8BB T: 0113 37 88093

Please note that any opinions expressed in this email are officer views only and are in no way legally binding upon the City Council and should be borne in mind that the views expressed above are without prejudice to the views of others including officers and members of this authority and are given in relation to highway matters only.

 Please consider the environment before printing this email.

From: Bacon, James Sent: 26 February 2019 10:59 To: Riley, Dan Subject: FW: Consultee Comments for Planning Application 18/07939/FU

Hi Dan, I have had a look at your comments on the parking situation and note your objections.

This site has an interesting planning history in that the restaurant use occupied the premises under flexible planning use regulations (time limited for 3yrs) having been previously refused a change of use on highway related grounds. You highlight shortcomings in the proposed parking layout and parking numbers and that you are aware of parking issues at the site/vicinity of the site‐ do you have a record of complaints received?

I imagine any refusal (and anticipate this will be something local residents will be supportive of) will lead to a planning appeal so it would be important to bolster the Council’s case with a history of parking related complaints arising from the operation of this unit over the past 3yrs. This would be something tangible that could be presented to any Planning Inspector and make the Council’s case more robust.

Happy to discuss if need be.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: [email protected] [mailto:[email protected]] Sent: 18 February 2019 16:40 To: Bacon, James Subject: Consultee Comments for Planning Application 18/07939/FU

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 4:39 PM on 18 Feb 2019 from - Highways Team ([email protected]) on behalf of Highways.

Application Summary Reference: 18/07939/FU

2 Mirchi Indian Restaurant 12 Church Lane Swillington Address: Leeds LS26 8DX Change of Use from Shop (A1) to Restaurant (A3); new Proposal: cladding/walling to existing flue Case Officer: Mr James Bacon

Click for further information

Comments Details Comments submitted as file upload: 18-07939-2.pdf

3 O'Connell, Adam

From: Riley, Dan Sent: 26 February 2019 16:18 To: Bacon, James Subject: RE: Consultee Comments for Planning Application 18/07939/FU

No worries James just let me know and I’ll write you something up.

Kind regards,

Daniel Riley Highways Development Technician Leeds City Council Transport Development Services East and North East Team Merrion House 110 Merrion Centre LEEDS LS2 8BB T: 0113 37 88093

Please note that any opinions expressed in this email are officer views only and are in no way legally binding upon the City Council and should be borne in mind that the views expressed above are without prejudice to the views of others including officers and members of this authority and are given in relation to highway matters only.

 Please consider the environment before printing this email.

From: Bacon, James Sent: 26 February 2019 16:16 To: Riley, Dan Subject: RE: Consultee Comments for Planning Application 18/07939/FU

Ok, thanks for your comments – just want to be sure we can suitably evidence up the problem in the likelihood of an appeal. I might come back to you for further information as I put together the report‐ hope you don’t mind.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Riley, Dan Sent: 26 February 2019 15:06 To: Bacon, James Subject: RE: Consultee Comments for Planning Application 18/07939/FU

1 Hi James,

I raised concerns regarding parking based on the fact parking was mentioned in both objection comments against the application with Reg. 12 (3) objection specifically mentioning vehicles parking on‐street is leading to road safety issues for pedestrians. I have spoken to traffic and they have had no formal complaints regarding parking on Church Lane however we can use objector comments to support a reason for refusal.

Although the restaurant may have been operating under a flexible permission this has never been approved by highways and I would not like to support this application considering the contribution it is likely to have on the surrounding residential streets. Vehicles are also known to park on‐street from observations on my site visit and restaurant parking is likely to displace these vehicles which could lead to disputes between neigbours over parking in front of eachothers houses.

It should be noted that when traffic were introducing the 20mph limit to Church Lane speed cushions were chosen ahead of road humps as their construction is generally better for vehicles to park near. This came after a resident mentioned vehicles currently park on‐street on Church Lane which supports our argument.

Kind regards,

Daniel Riley Highways Development Technician Leeds City Council Transport Development Services East and North East Team Merrion House 110 Merrion Centre LEEDS LS2 8BB T: 0113 37 88093

Please note that any opinions expressed in this email are officer views only and are in no way legally binding upon the City Council and should be borne in mind that the views expressed above are without prejudice to the views of others including officers and members of this authority and are given in relation to highway matters only.

 Please consider the environment before printing this email.

From: Bacon, James Sent: 26 February 2019 10:59 To: Riley, Dan Subject: FW: Consultee Comments for Planning Application 18/07939/FU

Hi Dan, I have had a look at your comments on the parking situation and note your objections.

This site has an interesting planning history in that the restaurant use occupied the premises under flexible planning use regulations (time limited for 3yrs) having been previously refused a change of use on highway related grounds. You highlight shortcomings in the proposed parking layout and parking numbers and that you are aware of parking issues at the site/vicinity of the site‐ do you have a record of complaints received?

I imagine any refusal (and anticipate this will be something local residents will be supportive of) will lead to a planning appeal so it would be important to bolster the Council’s case with a history of parking related complaints arising from the operation of this unit over the past 3yrs. This would be something tangible that could be presented to any Planning Inspector and make the Council’s case more robust.

Happy to discuss if need be.

2 Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: [email protected] [mailto:[email protected]] Sent: 18 February 2019 16:40 To: Bacon, James Subject: Consultee Comments for Planning Application 18/07939/FU

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 4:39 PM on 18 Feb 2019 from - Highways Team ([email protected]) on behalf of Highways.

Application Summary Reference: 18/07939/FU Mirchi Indian Restaurant 12 Church Lane Swillington Address: Leeds LS26 8DX Change of Use from Shop (A1) to Restaurant (A3); new Proposal: cladding/walling to existing flue Case Officer: Mr James Bacon

Click for further information

Comments Details Comments submitted as file upload: 18-07939-2.pdf

3 O'Connell, Adam

From: Sheldon, Karl Sent: 15 March 2019 11:28 To: Bacon, James Subject: RE: Consultee Comments for Planning Application 18/06274/COND 12 Church Lane, Swillington

Good morning James,

I have checked the system for any complaints regarding odour or noise originating from the restaurant and we have not received any.

Let me know if you need anything else thanks

Karl Sheldon Senior Technical Officer Environmental Health Leeds City Council Milshaw Park Way Leeds LS11 0LS Tel: 0113 378 5761

From: Bacon, James Sent: 14 March 2019 15:59 To: Sheldon, Karl Subject: FW: Consultee Comments for Planning Application 18/06274/COND 12 Church Lane, Swillington

Hi Karl, following receipt of your comments I requested further information from the applicant. I have yet to receive a response but concurrently we are dealing with an application seeking to establish the use of the restaurant at the site (it has benefitted from a temporary ‘flexible use’ in the past three years).

Clearly, the applicant has yet to supply adequate information to demonstrate that the installed equipment provides sufficient mitigation on noise and odour impacts but does your section have any record of neighbour complaints specific to these issues since the restaurant has been in operation? It would be helpful to build up an evidence base in the event we are minded to refuse the restaurant use at the site.

Happy to discuss if need be.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

1 From: [email protected] [mailto:[email protected]] Sent: 01 February 2019 14:20 To: Bacon, James Subject: Consultee Comments for Planning Application 18/06274/COND

A consultee has commented on a Planning Application. A summary of the comments is provided below.

Comments were submitted at 2:20 PM on 01 Feb 2019 from - Neighbourhoods and Housing ([email protected]) on behalf of Neighbourhoods And Housing.

Application Summary Reference: 18/06274/COND Address: Village Store 12 Church Lane Swillington Leeds LS26 8DX Consent, agreement or approval required by conditions 2 Proposal: and 3 of Planning Application 18/02250/FU Case Officer: Mr James Bacon

Click for further information

Comments Details Comments submitted as file upload: 12 Church Lane.docx

2 O'Connell, Adam

From: Bauer, Janet Sent: 19 March 2019 09:55 To: Bacon, James Subject: FW: Updated Key cases for and Swillington ward17/00658/UBAX3

Morning James

Any further news RE 12 Church Lane Swillington – the flue, I can tell the Parish.

Thank you

Janet

From: Farrer, Helen Sent: 18 March 2019 11:24 To: Bauer, Janet Cc: Hart, Lisa Subject: FW: Updated Key cases for Garforth and Swillington ward17/00658/UBAX3

Janet

Are you able to update Diane Brown with any more details about timescales and issues please?

Helen Farrer Group Manager (Compliance and Specialist) Planning Services 0113 3788064

Due to the exceptionally high volumes of work coupled with a number of absences we may not always be able to respond to emails and telephone calls as promptly as we would like in order to focus on our core work. Please accept our apologies for this and for any frustration and inconvenience this causes. We do understand that it is important that we deliver the best service we can and we will try and deal with your query as promptly as we can. However, in light of the work pressures on the team we would be very grateful for your patience and understanding.

From: Planning Enforcement Sent: 18 March 2019 07:50 To: Farrer, Helen ; Hart, Lisa Subject: FW: Updated Key cases for Garforth and Swillington ward17/00658/UBAX3

Helen,

Will upload to case when Idox is up and running again.

‘Planning application 18/07939/FU submitted for 'Change of Use from Shop (A1) to Restaurant (A3); new cladding/walling to existing flue' and is pending consideration.’

Regards

1

Rory McNulty Compliance Technician Planning Services City Development Leeds City Council Tel: 0113 37 88074 www.leeds.gov.uk

Due to the exceptionally high volumes of work coupled with a number of absences we may not always be able to respond to emails and telephone calls as promptly as we would like in order to focus on our core work. Please accept our apologies for this and for any frustration and inconvenience this causes. We do understand that it is important that we deliver the best service we can and we will try and deal with your query as promptly as we can. However, in light of the work pressures on the team we would be very grateful for your patience and understanding.

This e-mail is not intended nor should it be taken to create any legal relations, contractual or otherwise. Any views or opinions expressed within this e-mail or attachment are solely an officer opinion and do not prejudice any subsequent decision Leeds City Council may make and do not necessarily represent the views of Leeds City Council unless otherwise specifically stated. Leeds City Council is not bound by or liable for any opinion expressed in any e-mail.

From: Dobson, Cllr Mark Sent: 16 March 2019 10:43 To: [email protected] (External) Cc: Planning Enforcement ; Field, Cllr Sarah ; McCormack, Cllr Suzanne ; [email protected] (External) Subject: Re: Updated Key cases for Garforth and Swillington ward17/00658/UBAX3

I was thinking the self same thing yesterday

M

Councillor Mark Dobson Leader, Garforth & Swillington Independents Party 22 Meadow Road Garforth Leeds LS25 2EN Tel: 07974963280.

I handle personal information in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). For a copy of my updated privacy notice or for further information, please click here or contact me.

On 16 Mar 2019, at 10:26, "[email protected]" wrote:

Hello Helen, Thank you for this email. With regards to the illegal flu debacle that has been going on for so long now, is there a possibility of a more detailed update as its not much to pass on to concerned residents? This would be appreciated. Kind regards Diane

Diane Brown Parish Clerk and Responsible Financial Officer SwillingtonVillage Council 2

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From: Planning Enforcement Sent: 15 March 2019 08:34 To: Dobson, Cllr Mark ; Field, Cllr Sarah ; McCormack, Cllr Suzanne Cc: [email protected] (External) ; Reg. 12 (3) Subject: Updated Key cases for Garforth and Swillington ward

Dear Councillors/Parish Council clerk,

I attach the current list of key planning enforcement cases for the above ward.

The list includes:  Cases in which Ward Members, Members of Parliament, Parish and Town Councils have expressed an interest;  Cases relating to the monitoring of particularly sensitive or contentious developments;  Planning matters that are the subject of Ombudsman investigations or are being dealt with through the Council's complaints process;  Other significant cases including matter related to cross service regeneration or enforcement projects.

If you require any further information on the listed cases please contact the named case officer.

How to contact us about new Planning Enforcement enquiries/complaints

We have a dedicated e-mail address, [email protected] for the receipt of new matters to investigate. If you wish to arrange a meeting to discuss any planning enforcement case or want advice on the planning enforcement process and our procedures and enforcement powers please contact me (address below) or the Principal Compliance Officers, Chris Sanderson on 0113 3788069 and Lisa Hart on 0113 3788073.

Helen Farrer

Planning Compliance Manager 0113 3788064 [email protected]

It's LGBT+ Fostering week, as an inclusive council we want to encourage more people, couples and families from the LGBT+ community to come forward and enquire about fostering part or full time. Rule yourselves in not out! Contact us at www.foster4leeds.co.uk

3 O'Connell, Adam

From: Riley, Dan Sent: 22 March 2019 14:51 To: Bacon, James Subject: 18/07939/FU

Hi James,

As per my initial comments on the application the level of off‐street parking provision associated with the property does not meet with the recommendations of the Parking SPD. However, the previous use of the site will have generated a demand for car parking and the new restaurant is located within an existing parade of shops. On balance, in this instance the proposal for an Indian restaurant in a suburban area is likely to attract customers who live within close proximity of the business, these customers are not expected to drive to the restaurant. It may therefore be difficult to sustain a highway reason for refusal if the application were to be appealed provided that the car parking arrangement were to be improved to maximise off street staff and customer parking.

The 3 parking bays to the side of the restaurant adjacent to Neville Grove are unacceptable, they are inaccessible via the entrance off Neville Grove due to a lack of manoeuvring space so rely on customer parking spaces to be vacant in order to be accessed. They also require vehicles to reverse long distances when exiting the parking area which is unacceptable. A new vehicular access should be created off Neville Grove leading to the land at the rear of the site, this area should be used for staff parking meaning parking spaces do not have to be independently accessible. A revised carpark layout plan should be provided maximising parking before highways can support the application.

The bays off Church Lane are laid out correctly and seen to be acceptable.

Kind regards,

Daniel Riley Highways Development Technician Leeds City Council Transport Development Services East and North East Team Merrion House 110 Merrion Centre LEEDS LS2 8BB T: 0113 37 88093

Please note that any opinions expressed in this email are officer views only and are in no way legally binding upon the City Council and should be borne in mind that the views expressed above are without prejudice to the views of others including officers and members of this authority and are given in relation to highway matters only.

 Please consider the environment before printing this email.

1 O'Connell, Adam

From: Jones, David Sent: 30 March 2019 16:48 To: Bacon, James Subject: FW: 12,Church Lane

Hi James,

Please could you provide an update on this one to Cllr Dobson and just as easy to copy in the PC also.

Thanks

David A Jones Team Leader Planning & Sustainable Development – East Tel: 0113 3788023

‐‐‐‐‐Original Message‐‐‐‐‐ From: Dobson, Cllr Mark Sent: 29 March 2019 15:14 To: [email protected] (External) Cc: [email protected] (External) ; Reg. 12 (3) ; Jones, David Subject: Re: 12,Church Lane

Good question

David

Can anyone throw any light on this? It’s rumbling on and on. Why?

Thanks

Councillor Mark Dobson Leader, Garforth & Swillington Independents Garforth & Swillington Ward 22 Meadow Road Garforth Leeds LS25 1EN Tel: 07974963280

> On 29 Mar 2019, at 15:07, "[email protected]" wrote: > > Planning Application 18/07939/FU Mirchi Indian Restaurant 12 Church > Lane > > Hello Mark > Can you find out why this planning application has stalled yet again? > Kind regards > Jacqui 1 > > Cllr J A Smith > Chair > Swillington Parish Council > > www.swillingtonparishcouncil.gov.uk > > We will only use personal information for services you provide to us > or we provide to you. The information in this email (and any > attachment) may be for the intended recipient only. If you know you > are not the intended recipient, please do not use or disclose the > information in any way and please delete this email (and any attachment) from your system. > > > > ‐‐‐‐‐Original Message‐‐‐‐‐ > From: Reg. 12 (3) > Sent: 29 March 2019 14:26 > To: [email protected] > Subject: 12,Church Lane > > Hi Jacqui > Once again we seem to have stalled with the decision on the restaurant > even though highways objected on parking issues as was the case two > years ago, also as permitted development ceased on the 31st Jan and no > planning has been granted how is he still allowed to trade? > Can you enlighten me as to what is going on. > Thanks > Reg. 12 > (3)

2 O'Connell, Adam

From: Paj Riyat Sent: 30 April 2019 06:12 To: Bacon, James Subject: RE: Planning Application 18/06274/COND 12 Church Lane, Swillington

Hi James Any further progress on the planning application?

Kind Regards Paj Riyat

RIYAT ASSOCIATES LIMITED Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds LS7 1BL TEL: 01132 455492 FAX: 01132 443800 E-MAIL: [email protected]

From: Bacon, James [mailto:[email protected]] Sent: 08 February 2019 10:51 To: Paj Riyat Subject: Automatic reply: Planning Application 18/06274/COND 12 Church Lane, Swillington

I do not work on Fridays. I will respond to your message as soon as I am able upon my return next week.

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. The Council does not accept service of legal documents by e‐mail.

1 O'Connell, Adam

From: Reg. 12 (3) Sent: 01 May 2019 09:06 To: Bacon, James Subject: 18/07939/FU 12 Church Lane Swillington

Dear Sir I wonder if you could enlighten me as to why no decision has been made on the above development when highways have again objected on parking issues and recommend return to original use,yet the business still continues to trade three months after permitted development ceased. Thank you Reg. 12 (3)

1 O'Connell, Adam

From: Hart, Lisa Sent: 09 May 2019 13:10 To: Bacon, James Subject: FW: Photo of Back of Indian in Swillington - draft to Tim - was going to show to james before it went out too

James – can I have your comments on this draft please?

Regards

Lisa Hart Principal Planning Officer Planning Compliance Team Tel 0113 378 8073 [email protected] please note I do not work on Mondays

Important, please note: Our new address is Merrion House, 110 Merrion Centre, Leeds, LS2 8BB.

Due to the exceptionally high volumes of work coupled with a number of absences we may not always be able to respond to emails and telephone calls as promptly as we would like in order to focus on our core work. Please accept our apologies for this and for any frustration and inconvenience this causes. We do understand that it is important that we deliver the best service we can and we will try and deal with your query as promptly as we can. However, in light of the work pressures on the team we would be very grateful for your patience and understanding.

From: Farrer, Helen Sent: 09 May 2019 12:15 To: Hart, Lisa Subject: RE: Photo of Back of Indian in Swillington ‐ draft to Tim ‐ was going to show to james before it went out too

Fine with me , thanks and yes to DM input.

Helen Farrer Group Manager (Compliance and Specialist) Planning Services 0113 3788064

From: Hart, Lisa Sent: 09 May 2019 12:10 To: Farrer, Helen Cc: Bauer, Janet Subject: RE: Photo of Back of Indian in Swillington ‐ draft to Tim ‐ was going to show to james before it went out too

1 Tim

The restaurant opened in early February 2017 under the flexible use provisions of the GPDO. This gave them two years to operate without formal planning permission. We did serve them with an enforcement notice on 23 March 2018 but before it came into effect they applied for planning permission to retain the flue, this had the effect of putting the enforcement notice on hold. The reference number for that application was 18/02250/FU. This was approved on 27 Sept 2018 subject to conditions.. The application to discharge conditions, 18/06274/COND, inc technical specification of the flue is still outstanding as the applicant has yet to submit enough information to satisfy Environmental Health officers.

After a reminder of the expiration of this time they applied to keep the restaurant on a permanent basis. The reference number is 18/07939/FU. The description is change of use from shop (A1) to restaurant (A3) and new cladding/ walling to existing flue. This was received on 24 December 2018. The application remains undetermined as the planning officer (James Bacon) is negotiating with the agent over the amount and layout of the proposed car parking following highways concerns.

At this time compliance officers cannot take any action regarding the flue as there remain undetermined planning applications relating directly to it.

If the applications are refused then we can look again at taking a more proactive stance but at this time is not appropriate.

Regards

Lisa Hart Principal Planning Officer Planning Compliance Team Tel 0113 378 8073 [email protected] please note I do not work on Mondays

Important, please note: Our new address is Merrion House, 110 Merrion Centre, Leeds, LS2 8BB.

Due to the exceptionally high volumes of work coupled with a number of absences we may not always be able to respond to emails and telephone calls as promptly as we would like in order to focus on our core work. Please accept our apologies for this and for any frustration and inconvenience this causes. We do understand that it is important that we deliver the best service we can and we will try and deal with your query as promptly as we can. However, in light of the work pressures on the team we would be very grateful for your patience and understanding.

From: Hill, Tim Sent: 09 May 2019 10:57 To: Farrer, Helen ; Hart, Lisa Subject: FW: Photo of Back of Indian in Swillington 2

Tom

As CEO do you think;

2 years is acceptable?

Planners are ignoring this?

Something should now be done?

Councillor Mark Dobson Leader, Garforth & Swillington Independents Garforth & Swillington Ward 22 Meadow Road Garforth Leeds LS25 1EN Tel: 07974963280

On 9 May 2019, at 09:56, "[email protected]" wrote:

Dear Mark Like you we at the Village Council are frustrated at the lack of any progress over this case although we have all been pursuing it for two years or more. Reg. 12 (3)

Kind regards Jacqui

Cllr J A Smith Chair Swillington Village Council

www.swillingtonparishcouncil.gov.uk

We will only use personal information for services you provide to us or we provide to you. The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system.

From: Dobson, Cllr Mark Sent: 09 May 2019 08:07 To: Reg. 12 (3) Bauer, Janet ; Farrer, Helen ; [email protected] (External) Subject: Re: Photo of Back of Indian in swillington

Me too

We’re all sick of it and people who breach the rules 4 Councillor Mark Dobson Leader, Garforth & Swillington Independents Garforth & Swillington Ward 22 Meadow Road Garforth Leeds LS25 1EN Tel: 07974963280

On 9 May 2019, at 09:06, Reg. 12 (3) wrote:

Thank you very much mark for taking the time to do that! I hope something can be done about it! Many thanks Reg. 12 (3) Sent from my iPhone

On 9 May 2019, at 05:14, Dobson, Cllr Mark wrote:

Hi

I believe this has been done without planning permission and I totally agree it’s an ugly eyesore.

I also think that planning officers have let it go on too long.

I’ve copied them in to update along with the chair of the local PC who I know also has issues?

Thanks

M

Councillor Mark Dobson Leader, Garforth & Swillington Independents Garforth & Swillington Ward 22 Meadow Road Garforth Leeds LS25 1EN Tel: 07974963280

Begin forwarded message:

From: Reg. 12 (3) Date: 8 May 2019 at 22:10:39 CEST To: "Dobson, Cllr Mark" Subject: Re: Photo of Back of Indian in swillington

Hi Mark! My name is Reg. 5 12 (3)

Can you copy & send me the words from messenger too. I’m overseas so can’t

Cheers

Councillor Mark Dobson Leader, Garforth & Swillington Independents Garforth & Swillington Ward 22 Meadow Road Garforth Leeds LS25 1EN Tel: 07974963280

On 8 Ma y 201 9, at 19: 33, Re g. 12 (3)

wro te:

7

Hi Ma rk! Tha nks for get ting bac k to me. Thi s is the pho to R eg .

12

Sen t fro m my iPh one

______

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient,

8 O'Connell, Adam

From: Bacon, James Sent: 09 May 2019 15:30 To: Hart, Lisa Subject: RE: Photo of Back of Indian in Swillington - draft to Tim - was going to show to james before it went out too

Hi Lisa‐ had a look at where I’m at with this application.

As I mentioned, I queried the Highways objection to understand what parking related complaints/accidents highways had received over past two years since unit was in operation (and to evidence any subsequent appeal)‐ none have been received. Similarly, I liaised with the Environmental Protection team and there has been no record of any complaints received as regards odour/noise from equipment whilst the restaurant has been trading. Questioning the robustness of a refusal.

Highways have made suggestions to improve the current parking layout which I am to discuss with agent.

We have also previously accepted the method of screening the kitchen equipment (parapet wall, painting of roof mounted pipework and cladding (brick) of the vertical section of the flue) to address visual amenity concerns.

I have slightly tweaked your comment below‐ see italics.

Let me know if you need anything else (although I anticipate I will be fielding the next lot of correspondence demanding why I’ve not progressed the application further).

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Hart, Lisa Sent: 09 May 2019 13:10 To: Bacon, James Subject: FW: Photo of Back of Indian in Swillington ‐ draft to Tim ‐ was going to show to james before it went out too

James – can I have your comments on this draft please?

Regards

Lisa Hart Principal Planning Officer Planning Compliance Team Tel 0113 378 8073

1 [email protected] please note I do not work on Mondays

Important, please note: Our new address is Merrion House, 110 Merrion Centre, Leeds, LS2 8BB.

Due to the exceptionally high volumes of work coupled with a number of absences we may not always be able to respond to emails and telephone calls as promptly as we would like in order to focus on our core work. Please accept our apologies for this and for any frustration and inconvenience this causes. We do understand that it is important that we deliver the best service we can and we will try and deal with your query as promptly as we can. However, in light of the work pressures on the team we would be very grateful for your patience and understanding.

From: Farrer, Helen Sent: 09 May 2019 12:15 To: Hart, Lisa Subject: RE: Photo of Back of Indian in Swillington ‐ draft to Tim ‐ was going to show to james before it went out too

Fine with me , thanks and yes to DM input.

Helen Farrer Group Manager (Compliance and Specialist) Planning Services 0113 3788064

From: Hart, Lisa Sent: 09 May 2019 12:10 To: Farrer, Helen Cc: Bauer, Janet Subject: RE: Photo of Back of Indian in Swillington ‐ draft to Tim ‐ was going to show to james before it went out too

Tim

The restaurant opened in early February 2017 under the flexible use provisions of the GPDO. This gave them two years to operate without formal planning permission. We did serve them with an enforcement notice on 23 March 2018 but before it came into effect they applied for planning permission to retain the flue, this had the effect of putting the enforcement notice on hold. The reference number for that application was 18/02250/FU. This was approved on 27 Sept 2018 subject to conditions.. The application to discharge conditions, 18/06274/COND, inc technical specification of the flue is still outstanding as the applicant has yet to submit enough information to satisfy Environmental Health officers.

After a reminder of the expiration of this time they applied to keep the restaurant on a permanent basis. The reference number is 18/07939/FU. The description is change of use from shop (A1) to restaurant (A3) and new cladding/ walling to existing flue. This was received on 24 December 2018. The application remains undetermined as the planning officer (James Bacon) is considering the robustness of the case to justify refusal of planning permission. Previous concerns raised about the restaurant use in respect of parking and noise/odour impacts have not translated to any recorded accidents/ complaints from the relevant Council sections since the restaurant opened. is negotiating with the agent over the amount and layout of the proposed car parking following highways concerns.

2 The applicant is unknown to the planning officer and all correspondence in relation to the application has been directed through their appointed planning agent.

At this time compliance officers cannot take any action regarding the flue as there remain undetermined planning applications relating directly to it.

If the applications are refused then we can look again at taking a more proactive stance but at this time is not appropriate.

Regards

Lisa Hart Principal Planning Officer Planning Compliance Team Tel 0113 378 8073 [email protected] please note I do not work on Mondays

Important, please note: Our new address is Merrion House, 110 Merrion Centre, Leeds, LS2 8BB.

Due to the exceptionally high volumes of work coupled with a number of absences we may not always be able to respond to emails and telephone calls as promptly as we would like in order to focus on our core work. Please accept our apologies for this and for any frustration and inconvenience this causes. We do understand that it is important that we deliver the best service we can and we will try and deal with your query as promptly as we can. However, in light of the work pressures on the team we would be very grateful for your patience and understanding.

From: Hill, Tim Sent: 09 May 2019 10:57 To: Farrer, Helen ; Hart, Lisa Subject: FW: Photo of Back of Indian in Swillington

Can you do me a draft reply summarising where we are up to and why we consider it proportionate? Also, any comments on the rumours re applicant in the trail?

From: PA Chief Exec Sent: 09 May 2019 09:46 To: Hill, Tim Cc: Akhtar, Noveen Subject: FW: Photo of Back of Indian in Swillington

Hi Tim,

3 Tom would be grateful for a draft reply please.

Thanks

Jackie

Jackie Fogarthy Executive Assistant to the Chief Executive Chief Executive's Office Leeds City Council Tel: 0113 3788647 [email protected] www.leeds.gov.uk

From: Riordan, Tom Sent: 09 May 2019 09:41 To: PA Chief Exec Subject: Fwd: Photo of Back of Indian in Swillington

Draft reply plse

Sent from my iPhone

Begin forwarded message:

From: "Dobson, Cllr Mark" Date: 9 May 2019 at 8:59:53 am BST To: "[email protected] (External)" , "Riordan, Tom" Cc: "[email protected]" , "Bauer, Janet" , "Farrer, Helen" , "[email protected] (External)" Subject: Re: Photo of Back of Indian in Swillington

Planners

Why the lack of action here when much lesser offences Reg. 12 (3) get penalised with threats of court action?

Tom

As CEO do you think;

2 years is acceptable?

Planners are ignoring this?

Something should now be done?

4 O'Connell, Adam

From: Hart, Lisa Sent: 21 May 2019 10:13 To: Bacon, James Subject: FW: Re Restaurant in Swillington

Regards

Lisa Hart Principal Planning Officer Planning Compliance Team Tel 0113 378 8073 [email protected] please note I do not work on Mondays

Important, please note: Our address is Merrion House, 110 Merrion Centre, Leeds, LS2 8BB.

From: Farrer, Helen Sent: 21 May 2019 09:50 To: Hart, Lisa Cc: Bauer, Janet Subject: RE: Re Restaurant in Swillington

Please keep DC in the loop .

Helen Farrer Group Manager (Compliance and Specialist) Planning Services 0113 3788064

From: Hart, Lisa Sent: 21 May 2019 08:53 To: Farrer, Helen Cc: Bauer, Janet Subject: FW: Re Restaurant in Swillington

Just for info

Regards

Lisa Hart

1 Principal Planning Officer Planning Compliance Team Tel 0113 378 8073 [email protected] please note I do not work on Mondays

Important, please note: Our address is Merrion House, 110 Merrion Centre, Leeds, LS2 8BB.

From: Dobson, Cllr Mark Sent: 20 May 2019 18:19 To: [email protected] (External) Cc: Hill, Tim ; Riordan, Tom ; PA Chief Exec ; Hart, Lisa ; Reg. 12 (3) Subject: Re: Re Restaurant in Swillington

Thank you. I’d appreciate your views

Councillor Mark Dobson Leader, Garforth & Swillington Independents Garforth & Swillington Ward 22 Meadow Road Garforth Leeds LS25 1EN Tel: 07974963280

On 20 May 2019, at 18:02, "[email protected]" wrote:

Dear Mark The parish council and to my knowledge at least one resident objected to the original planning application back in 2016. The resident is Reg. 12 (3) Both he and the PC have pursued this with Leeds planning. Kind regards Jacqui

Cllr J A Smith Chair Swillington Parish Council

www.swillingtonparishcouncil.gov.uk

We will only use personal information for services you provide to us or we provide to you. The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. 2

From: Dobson, Cllr Mark Sent: 20 May 2019 17:39 To: Hill, Tim ; [email protected] (External) Cc: Riordan, Tom ; PA Chief Exec ; Hart, Lisa Subject: Re: Re Restaurant in Swillington

Thank you

We do appear to be going round in circles a bit here. Real Catch‐22 stuff.

Who’s the planning officer and, there’s no trail, who made the complaint?

M

Councillor Mark Dobson Leader, Garforth & Swillington Independents Garforth & Swillington Ward 22 Meadow Road Garforth Leeds LS25 1EN Tel: 07974963280

On 20 May 2019, at 15:32, Hill, Tim wrote:

Dear Councillor Dobson

Thanks for your enquiry on the above matter, to which Tom has asked me to respond. As I understand the position from my officers, the restaurant opened in early February 2017 under the flexible use provisions of the GPDO. This gave them two years to operate without the need to obtain formal planning permission.

The Council did in fact take formal action, by serving them with an enforcement notice in relation to a flue at the property on 23 March 2018. However, before it came into effect they applied for planning permission to retain the flue, this had the effect of putting the enforcement notice on hold. The reference number for that application was 18/02250/FU. This was approved on 27 Sept 2018 subject to conditions. The application to discharge conditions, 18/06274/COND, including the technical specification of the flue is still outstanding as the applicant has yet to submit enough information to satisfy Environmental Health officers.

After a reminder of the expiration of the permitted time they have also applied to keep the restaurant on a permanent basis, which of course they are entitled to do. The reference number is 18/07939/FU. The description is change of use from shop (A1) to restaurant (A3) and new cladding/ walling to existing flue. This was received on 24 December 2018. The application remains undetermined as the planning officer is considering the robustness of the case to justify refusal of planning 3 permission. Previous concerns raised about the restaurant use in respect of parking and noise/odour impacts have not however translated to any recorded accidents/ complaints from the relevant Council sections since the restaurant opened.

The applicant is unknown to the planning officer and all correspondence in relation to the application has been directed through their appointed planning agent.

At this time compliance officers cannot take any action regarding the flue as there remain undetermined planning applications relating directly to it, which render such action inexpedient.

If the applications are refused then we can look again at taking a more proactive stance but at this time I am advised that is not appropriate.

I trust the explanation above has been of assistance.

Regards

Tim Hill

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The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. The Council does not accept service of legal documents by e‐mail.

4 O'Connell, Adam

From: Bacon, James Sent: 13 June 2019 11:20 To: Paj Riyat Subject: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill- comments from Highways

Paj, further to our telephone conversation I have spoken with Dan in Highways. He recalls discussing this site with you and the parking arrangements.

Essentially, Highways have removed their objection to the proposal but commented on the parking layout as follows:

‘The 3 parking bays to the side of the restaurant adjacent to Neville Grove are unacceptable, they are inaccessible via the entrance off Neville Grove due to a lack of manoeuvring space so rely on customer parking spaces to be vacant in order to be accessed. They also require vehicles to reverse long distances when exiting the parking area which is unacceptable. A new vehicular access should be created off Neville Grove leading to the land at the rear of the site, this area should be used for staff parking meaning parking spaces do not have to be independently accessible. A revised carpark layout plan should be provided maximising parking before highways can support the application.

The bays off Church Lane are laid out correctly and seen to be acceptable’.

If owing to the ground level differences around the site (i.e. Neville Grove appears to be at a higher ground level than the rear of the application site) then for the purposes of the plan it would be worth removing the 3 marked out bays on plan (Highways wouldn’t wish to endorse a substandard parking layout) and leave staff to utilise the existing hardstanding area in a more informal way.

Please review the existing site layout plan and I hope this helps bring the application nearer to a conclusion.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

1 O'Connell, Adam

From: Paj Riyat Sent: 23 July 2019 10:21 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill- comments from Highways

Hi James

Following your recent email, attached is revised drawing.

Kind Regards

Paj Riyat

RIYAT ASSOCIATES LTD Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds, LS7 1BL Tel: 01132 455 492 Fax: 01132 443 800 E-Mail: [email protected]

From: Bacon, James [mailto:[email protected]] Sent: 13 June 2019 11:20 To: Paj Riyat Subject: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Paj, further to our telephone conversation I have spoken with Dan in Highways. He recalls discussing this site with you and the parking arrangements.

Essentially, Highways have removed their objection to the proposal but commented on the parking layout as follows:

‘The 3 parking bays to the side of the restaurant adjacent to Neville Grove are unacceptable, they are inaccessible via the entrance off Neville Grove due to a lack of manoeuvring space so rely on customer parking spaces to be vacant in order to be accessed. They also require vehicles to reverse long distances when exiting the parking area which is unacceptable. A new vehicular access should be created off Neville Grove leading to the land at the rear of the site, this area should be used for staff parking meaning parking spaces do not have to be independently accessible. A revised carpark layout plan should be provided maximising parking before highways can support the application.

The bays off Church Lane are laid out correctly and seen to be acceptable’.

If owing to the ground level differences around the site (i.e. Neville Grove appears to be at a higher ground level than the rear of the application site) then for the purposes of the plan it would be worth removing the 3 marked out bays on plan (Highways wouldn’t wish to endorse a substandard parking layout) and leave staff to utilise the existing hardstanding area in a more informal way.

Please review the existing site layout plan and I hope this helps bring the application nearer to a conclusion.

Regards

James Bacon 1 Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. The Council does not accept service of legal documents by e‐mail.

2 O'Connell, Adam

From: Bacon, James Sent: 06 August 2019 07:51 To: Reg. 12 (3) Subject: Planning Application Ref:18/07939/FU Change of use of shop to restaurant; new cladding/walling to existing flue at 12 Church Lane, Swillington

Reg. 12 , I write in connection to your letter of 17th June to provide an update on the progress of the above planning (3)application. I apologise for the delay in sending this reply.

In your letter you point out that letters from you and other neighbours have been sent in to our department concerning the duct work on the roof of Mirchi restaurant. This correspondence has been received and they are viewable on the Council’s planning website. The duct work is considered unsightly and works to screen the equipment (incl. parapet walling, applying a muted grey colour to the horizontal section and encasing the vertical section in brick cladding) were agreed as part of a retrospective planning permission last year (Ref: 18/02250/FU). This work has not yet been implemented, no doubt awaiting the outcome of this current application.

The unreported complaints referred to in your letter relate to the operations of the restaurant. As you will be aware, the restaurant has operated since 2017 under the provisions of the flexible use planning legislation and the current application seeks to continue the restaurant use. In assessing the likely impacts from its continued operation, such as highways/parking and noise/cooking odours, regard is given to the issues that may have arisen over the past 2 years, since it was opened. During that time the relevant respective sections of the Council (Highways and Environmental Health) have not received any complaints about how the restaurant has been operated. It is noted that planning permission for the restaurant use was previously refused (Ref: 16/05465/FU) on highway related grounds but given that there is no record of any complaints/ incidents since the restaurant was opened it makes it difficult to demonstrate that continuing the restaurant use would cause severe highway issues and justify refusal on such grounds.

An updated site layout plan has recently been submitted by the applicant’s planning agent and we are awaiting additional information on the specifications of the kitchen extraction equipment as the cowl at the top of the equipment is to be replaced. This information is to be submitted shortly and will update the planning file.

I hope the above comments clarify matters in regards to recorded complaints and update you on the progress of the planning application.

If you require any further explanation or require any further details, please let me know.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

1 O'Connell, Adam

From: Reg. 12 (3) Sent: 06 August 2019 09:14 To: Bacon, James Subject: Re: Planning Application Ref:18/07939/FU Change of use of shop to restaurant; new cladding/walling to existing flue at 12 Church Lane, Swillington

Thank you for your Email regarding the above In reply to the issues regarding complaints people do not always even consider this course of action when incidents have occurred.The main concern for residents overlooking the side of the property is the unsightly duct,which they have had plenty of time to rectify as this was first brought to the owners attention on Wednesday 14 June 2017 days after installation and before the restaurant opened its doors.The parapet wall which was passed,but when questioned as to why it hadn't been installed,the reply was the roof would not take a parapet wall,the wall should be an extension of the existing wall and the roof reinstated,then to top it all when plans were submitted for full planning the parapet wall is back on the plans, I think stalling tactics come to mind.If you would like to come and view what we have had to look onto for over two years you are quite welcome. On a final point the restaurant closed on 15 July 19 and signs stating under new management appeared in the window but to date it has not opened,could your please tell me how this will effect the planning application? Is the agent acting for the new owner or are we going to have to go through the whole process again to get some resolution.Thank you for your time Regards Reg. 12 t (3) Sent from my iPad

On 6 Aug 2019, at 07:51, Bacon, James wrote:

Reg. 12 I write in connection to your letter of 17th June to provide an update on the progress of the (3)above planning application. I apologise for the delay in sending this reply.

In your letter you point out that letters from you and other neighbours have been sent in to our department concerning the duct work on the roof of Mirchi restaurant. This correspondence has been received and they are viewable on the Council’s planning website. The duct work is considered unsightly and works to screen the equipment (incl. parapet walling, applying a muted grey colour to the horizontal section and encasing the vertical section in brick cladding) were agreed as part of a retrospective planning permission last year (Ref: 18/02250/FU). This work has not yet been implemented, no doubt awaiting the outcome of this current application.

The unreported complaints referred to in your letter relate to the operations of the restaurant. As you will be aware, the restaurant has operated since 2017 under the provisions of the flexible use planning legislation and the current application seeks to continue the restaurant use. In assessing the likely impacts from its continued operation, such as highways/parking and noise/cooking odours, regard is given to the issues that may have arisen over the past 2 years, since it was opened. During that time the relevant respective sections of the Council (Highways and Environmental Health) have not received any complaints about how the restaurant has been operated. It is noted that planning permission for the restaurant use was previously refused (Ref: 16/05465/FU) on highway related grounds but given that there is no record of any complaints/ incidents since the restaurant was opened it makes it difficult to demonstrate that continuing the restaurant use would cause severe highway issues and justify refusal on such grounds.

An updated site layout plan has recently been submitted by the applicant’s planning agent and we are awaiting additional information on the specifications of the kitchen extraction equipment as the cowl at the top of the equipment is to be replaced. This information is to be submitted shortly and will update the planning file.

1

I hope the above comments clarify matters in regards to recorded complaints and update you on the progress of the planning application.

If you require any further explanation or require any further details, please let me know.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. The Council does not accept service of legal documents by e‐mail.

2 O'Connell, Adam

From: Bacon, James Sent: 06 August 2019 09:35 To: Stephen Gott Subject: RE: Planning Application Ref:18/07939/FU Change of use of shop to restaurant; new cladding/walling to existing flue at 12 Church Lane, Swillington

Mr Gott, I concur with your opinion on the unsightliness of the ducting and revisions to the previously approved application were secured in an attempt to hide the equipment installed.

The raising of the outer wall to form a parapet detail around the flat roof is a more costly solution than the originally proposed timber panelling but the applicant’s architectural agent has confirmed it is structurally feasible.

I was not aware that the restaurant had recently stopped trading (and may go some way to explain their failure to implement the external works to screen the ducting). From a planning perspective, any application or planning enforcement actions relate to the land/buildings and responsibilities would pass to the current landowner to remedy planning breaches.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Reg. 12 (3) Sent: 06 August 2019 09:14 To: Bacon, James Subject: Re: Planning Application Ref:18/07939/FU Change of use of shop to restaurant; new cladding/walling to existing flue at 12 Church Lane, Swillington

Thank you for your Email regarding the above In reply to the issues regarding complaints people do not always even consider this course of action when incidents have occurred.The main concern for residents overlooking the side of the property is the unsightly duct,which they have had plenty of time to rectify as this was first brought to the owners attention on Wednesday 14 June 2017 days after installation and before the restaurant opened its doors.The parapet wall which was passed,but when questioned as to why it hadn't been installed,the reply was the roof would not take a parapet wall,the wall should be an extension of the existing wall and the roof reinstated,then to top it all when plans were submitted for full planning the parapet wall is back on the plans, I think stalling tactics come to mind.If you would like to come and view what we have had to look onto for over two years you are quite welcome. On a final point the restaurant closed on 15 July 19 and signs stating under new management appeared in the window but to date it has not opened,could your please tell me how this will effect the planning application? Is the agent acting for the new owner or are we going to have to go through the whole process again to get some resolution.Thank you for your time Regards Reg. 12 (3) Sent from my iPad

1

On 6 Aug 2019, at 07:51, Bacon, James wrote:

Reg. 12 I write in connection to your letter of 17th June to provide an update on the progress of the (3)above planning application. I apologise for the delay in sending this reply.

In your letter you point out that letters from you and other neighbours have been sent in to our department concerning the duct work on the roof of Mirchi restaurant. This correspondence has been received and they are viewable on the Council’s planning website. The duct work is considered unsightly and works to screen the equipment (incl. parapet walling, applying a muted grey colour to the horizontal section and encasing the vertical section in brick cladding) were agreed as part of a retrospective planning permission last year (Ref: 18/02250/FU). This work has not yet been implemented, no doubt awaiting the outcome of this current application.

The unreported complaints referred to in your letter relate to the operations of the restaurant. As you will be aware, the restaurant has operated since 2017 under the provisions of the flexible use planning legislation and the current application seeks to continue the restaurant use. In assessing the likely impacts from its continued operation, such as highways/parking and noise/cooking odours, regard is given to the issues that may have arisen over the past 2 years, since it was opened. During that time the relevant respective sections of the Council (Highways and Environmental Health) have not received any complaints about how the restaurant has been operated. It is noted that planning permission for the restaurant use was previously refused (Ref: 16/05465/FU) on highway related grounds but given that there is no record of any complaints/ incidents since the restaurant was opened it makes it difficult to demonstrate that continuing the restaurant use would cause severe highway issues and justify refusal on such grounds.

An updated site layout plan has recently been submitted by the applicant’s planning agent and we are awaiting additional information on the specifications of the kitchen extraction equipment as the cowl at the top of the equipment is to be replaced. This information is to be submitted shortly and will update the planning file.

I hope the above comments clarify matters in regards to recorded complaints and update you on the progress of the planning application.

If you require any further explanation or require any further details, please let me know.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. The Council does not accept service of legal documents by e‐mail.

2 O'Connell, Adam

From: Bacon, James Sent: 06 August 2019 09:39 To: Paj Riyat Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill- comments from Highways

Hi Paj‐ did you have chance to pull together all the additional details on the kitchen extract ventilation equipment so I can upload on to the planning file?

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Paj Riyat [mailto:[email protected]] Sent: 23 July 2019 10:21 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi James

Following your recent email, attached is revised drawing.

Kind Regards

Paj Riyat

RIYAT ASSOCIATES LTD Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds, LS7 1BL Tel: 01132 455 492 Fax: 01132 443 800 E-Mail: [email protected]

From: Bacon, James [mailto:[email protected]] Sent: 13 June 2019 11:20 To: Paj Riyat Subject: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Paj, further to our telephone conversation I have spoken with Dan in Highways. He recalls discussing this site with you and the parking arrangements.

1 Essentially, Highways have removed their objection to the proposal but commented on the parking layout as follows:

‘The 3 parking bays to the side of the restaurant adjacent to Neville Grove are unacceptable, they are inaccessible via the entrance off Neville Grove due to a lack of manoeuvring space so rely on customer parking spaces to be vacant in order to be accessed. They also require vehicles to reverse long distances when exiting the parking area which is unacceptable. A new vehicular access should be created off Neville Grove leading to the land at the rear of the site, this area should be used for staff parking meaning parking spaces do not have to be independently accessible. A revised carpark layout plan should be provided maximising parking before highways can support the application.

The bays off Church Lane are laid out correctly and seen to be acceptable’.

If owing to the ground level differences around the site (i.e. Neville Grove appears to be at a higher ground level than the rear of the application site) then for the purposes of the plan it would be worth removing the 3 marked out bays on plan (Highways wouldn’t wish to endorse a substandard parking layout) and leave staff to utilise the existing hardstanding area in a more informal way.

Please review the existing site layout plan and I hope this helps bring the application nearer to a conclusion.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. The Council does not accept service of legal documents by e‐mail.

2 O'Connell, Adam

From: Paj Riyat Sent: 06 August 2019 11:20 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill- comments from Highways

Hi James

As requested, Attached are the additional details for the kitchen extract ventilation equipment.

From: Bacon, James [mailto:[email protected]] Sent: 06 August 2019 09:39 To: Paj Riyat Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi Paj‐ did you have chance to pull together all the additional details on the kitchen extract ventilation equipment so I can upload on to the planning file?

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Paj Riyat [mailto:[email protected]] Sent: 23 July 2019 10:21 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi James

Following your recent email, attached is revised drawing.

Kind Regards

Paj Riyat

RIYAT ASSOCIATES LTD Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds, LS7 1BL Tel: 01132 455 492 Fax: 01132 443 800 E-Mail: [email protected]

1 From: Bacon, James [mailto:[email protected]] Sent: 13 June 2019 11:20 To: Paj Riyat Subject: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Paj, further to our telephone conversation I have spoken with Dan in Highways. He recalls discussing this site with you and the parking arrangements.

Essentially, Highways have removed their objection to the proposal but commented on the parking layout as follows:

‘The 3 parking bays to the side of the restaurant adjacent to Neville Grove are unacceptable, they are inaccessible via the entrance off Neville Grove due to a lack of manoeuvring space so rely on customer parking spaces to be vacant in order to be accessed. They also require vehicles to reverse long distances when exiting the parking area which is unacceptable. A new vehicular access should be created off Neville Grove leading to the land at the rear of the site, this area should be used for staff parking meaning parking spaces do not have to be independently accessible. A revised carpark layout plan should be provided maximising parking before highways can support the application.

The bays off Church Lane are laid out correctly and seen to be acceptable’.

If owing to the ground level differences around the site (i.e. Neville Grove appears to be at a higher ground level than the rear of the application site) then for the purposes of the plan it would be worth removing the 3 marked out bays on plan (Highways wouldn’t wish to endorse a substandard parking layout) and leave staff to utilise the existing hardstanding area in a more informal way.

Please review the existing site layout plan and I hope this helps bring the application nearer to a conclusion.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. The Council does not accept service of legal documents by e‐mail.

2 O'Connell, Adam

From: Bacon, James Sent: 06 August 2019 12:17 To: Paj Riyat Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill- comments from Highways Attachments: Catalogue_Axial_fans_mai...2016_00703770_EN_en (p42-43).pdf; 1463665488Big- Foot-H-Frame-Sets-product-sheet.pdf; Hi James.pdf

Hi Paj‐ I don’t think the detail on the attached plan in the below email is accurate (this detail comes from the COND application that is no longer relevant).

As I understand it, the proposal simply involves screening the existing ductwork with a parapet wall/ muted paint finish, encasing the vertical section in brick panelling and replacing the cowl at the top? See below photo of existing situation and the exist/proposed elevations within the latest plan (Rev D).

Does the schedule provided by SJK Ventilation relate to the current equipment and as shown below?

I’ve attached the specification details that I’ve dragged through from the application last year (Ref: 18/02250/FU)‐ do these remain relevant to what has been installed at the site at present?

I am trying to pin down exactly what has been installed and what the result of the changes details under 18/07939/FU will have but I’m happy to discuss further if I’m not being clear.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

1 Please note that I do not work on Fridays

From: Paj Riyat [mailto:[email protected]] Sent: 06 August 2019 11:20 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi James

As requested, Attached are the additional details for the kitchen extract ventilation equipment.

From: Bacon, James [mailto:[email protected]] Sent: 06 August 2019 09:39 To: Paj Riyat Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi Paj‐ did you have chance to pull together all the additional details on the kitchen extract ventilation equipment so I can upload on to the planning file?

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Paj Riyat [mailto:[email protected]] Sent: 23 July 2019 10:21 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi James

Following your recent email, attached is revised drawing.

Kind Regards

Paj Riyat

RIYAT ASSOCIATES LTD Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds, LS7 1BL Tel: 01132 455 492 Fax: 01132 443 800 E-Mail: [email protected]

From: Bacon, James [mailto:[email protected]] Sent: 13 June 2019 11:20

2 To: Paj Riyat Subject: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Paj, further to our telephone conversation I have spoken with Dan in Highways. He recalls discussing this site with you and the parking arrangements.

Essentially, Highways have removed their objection to the proposal but commented on the parking layout as follows:

‘The 3 parking bays to the side of the restaurant adjacent to Neville Grove are unacceptable, they are inaccessible via the entrance off Neville Grove due to a lack of manoeuvring space so rely on customer parking spaces to be vacant in order to be accessed. They also require vehicles to reverse long distances when exiting the parking area which is unacceptable. A new vehicular access should be created off Neville Grove leading to the land at the rear of the site, this area should be used for staff parking meaning parking spaces do not have to be independently accessible. A revised carpark layout plan should be provided maximising parking before highways can support the application.

The bays off Church Lane are laid out correctly and seen to be acceptable’.

If owing to the ground level differences around the site (i.e. Neville Grove appears to be at a higher ground level than the rear of the application site) then for the purposes of the plan it would be worth removing the 3 marked out bays on plan (Highways wouldn’t wish to endorse a substandard parking layout) and leave staff to utilise the existing hardstanding area in a more informal way.

Please review the existing site layout plan and I hope this helps bring the application nearer to a conclusion.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

The information in this email (and any attachment) may be for the intended recipient only. If you know you are not the intended recipient, please do not use or disclose the information in any way and please delete this email (and any attachment) from your system. The Council does not accept service of legal documents by e‐mail.

3

Hi James Attached as requested is further information for the canopy and extraction system. I trust this will now meet with your requirements.

Kind Regards Paj Riyat

RIYAT ASSOCIATES LIMITED Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds LS7 1BL

1 x Bespoke kitchen canopy c/w grease filters (stainless steel GRADE 304 FOOD)

1x Ziehl Abegg 450 axial fan (see spec sheet attached)

1x EFSC speed controller to suit fan outputs.

3 x Big foot air conditioning systems (TYPE H FRAME)

1 x completed 450 Spiral exhaust duct (galvanised steel) c/w galvansied top hat cowl Note: chimney taken above house

1x CAMFILL PRODUCTS carbon filter 600x600

1x CAMFILL PRODUCTS g4 600 x600 pre filter

2 x 450 x 600 galvanised acoustic silencers both before and after fan.

O'Connell, Adam

From: Paj Riyat Sent: 06 August 2019 16:23 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swillington-

Hi James Jet cowl detail attached.

Kind Regards Paj Riyat

RIYAT ASSOCIATES LIMITED Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds LS7 1BL TEL: 01132 455492 FAX: 01132 443800 E-MAIL: [email protected]

From: Bacon, James [mailto:[email protected]] Sent: 06 August 2019 12:18 To: Paj Riyat Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi Paj‐ I don’t think the detail on the attached plan in the below email is accurate (this detail comes from the COND application that is no longer relevant).

As I understand it, the proposal simply involves screening the existing ductwork with a parapet wall/ muted paint finish, encasing the vertical section in brick panelling and replacing the cowl at the top? See below photo of existing situation and the exist/proposed elevations within the latest plan (Rev D).

Does the schedule provided by SJK Ventilation relate to the current equipment and as shown below?

1 I’ve attached the specification details that I’ve dragged through from the application last year (Ref: 18/02250/FU)‐ do these remain relevant to what has been installed at the site at present?

I am trying to pin down exactly what has been installed and what the result of the changes details under 18/07939/FU will have but I’m happy to discuss further if I’m not being clear.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Paj Riyat [mailto:[email protected]] Sent: 06 August 2019 11:20 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi James

As requested, Attached are the additional details for the kitchen extract ventilation equipment.

From: Bacon, James [mailto:[email protected]] Sent: 06 August 2019 09:39 To: Paj Riyat Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi Paj‐ did you have chance to pull together all the additional details on the kitchen extract ventilation equipment so I can upload on to the planning file?

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

From: Paj Riyat [mailto:[email protected]] Sent: 23 July 2019 10:21 To: Bacon, James Subject: RE: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Hi James

2 Following your recent email, attached is revised drawing.

Kind Regards

Paj Riyat

RIYAT ASSOCIATES LTD Architectural Designers and Planning Consultants Benson House, 14 Benson Street, Leeds, LS7 1BL Tel: 01132 455 492 Fax: 01132 443 800 E-Mail: [email protected]

From: Bacon, James [mailto:[email protected]] Sent: 13 June 2019 11:20 To: Paj Riyat Subject: Planning Application Ref: 18/07939/FU 12 Church Lane, Swill‐ comments from Highways

Paj, further to our telephone conversation I have spoken with Dan in Highways. He recalls discussing this site with you and the parking arrangements.

Essentially, Highways have removed their objection to the proposal but commented on the parking layout as follows:

‘The 3 parking bays to the side of the restaurant adjacent to Neville Grove are unacceptable, they are inaccessible via the entrance off Neville Grove due to a lack of manoeuvring space so rely on customer parking spaces to be vacant in order to be accessed. They also require vehicles to reverse long distances when exiting the parking area which is unacceptable. A new vehicular access should be created off Neville Grove leading to the land at the rear of the site, this area should be used for staff parking meaning parking spaces do not have to be independently accessible. A revised carpark layout plan should be provided maximising parking before highways can support the application.

The bays off Church Lane are laid out correctly and seen to be acceptable’.

If owing to the ground level differences around the site (i.e. Neville Grove appears to be at a higher ground level than the rear of the application site) then for the purposes of the plan it would be worth removing the 3 marked out bays on plan (Highways wouldn’t wish to endorse a substandard parking layout) and leave staff to utilise the existing hardstanding area in a more informal way.

Please review the existing site layout plan and I hope this helps bring the application nearer to a conclusion.

Regards

James Bacon Senior Planner Planning & Sustainable Development (East)

 (0113) 3787963  [email protected]  9th Floor East, Merrion House, 110 Merrion Way, Leeds, LS2 8BB

Please note that I do not work on Fridays

3