Originator: David Jones
Tel: 0113 3788023
Report of the Chief Planning Officer
CITY PLANS PANEL
Date: 6th December 2018
Subject: APPLICATION 17/00254/LA – FORMATION OF A PUBLIC PARK, PLAYING PITCHES, PARK AND CHANGING ROOMS ON LAND TO WEST OF THORPE PARK, LEEDS.
APPLICANT DATE VALID TARGET DATE Leeds City Council: Parks & 13.01.2017 TBA Countryside
Electoral Wards Affected: Specific Implications For:
Crossgates and Whinmoor Equality and Diversity & Temple Newsam Community Cohesion
Yes Ward Members consulted Narrowing the Gap
RECOMMENDATION: Defer and delegate approval to the Chief Planning Officer subject to the suggested conditions (and any others which he might consider appropriate) and following receipt of a ‘no objection’ response from The Coal Authority.
1. Standard time limit 2. Approved plans 3. Detailed landscape scheme to be agreed 4. Retention of existing landscape features 5. Parking areas to be provided 6. Sports pavilion external materials to be agreed 7. Ground investigation survey to be provided 8. Unexpected findings to be reported 9. Verification report 10. Surface water from parking areas to be passed through oil/petrol interceptor 11. Detailed surface water scheme to be provided 12. No site clearance post receipt of Natural England Great Crested Newt license 13. Detailed badger Mitigation scheme to be agreed 14. Coal Mining legacy to be fully mitigated 15. Archaeological survey 16. Full specification of playing pitches to be agreed 17. Playing pitch maintenance and management to be agreed 18. Community use agreement for playing pitches
1.0 INTRODUCTION:
1.1 This application is for a new public park on land to the west of Thorpe Park and east of Austhorpe Lane. The site covers some 47 hectares and follows the UDPR allocation which identifies the site as ‘proposed open space’. The site is still in the ownership of the Scarborough Development Group, the owner of Thorpe Park but the planning application subject to this report has been submitted by the Council’s own Parks and Countryside department. It is intended the Scarborough Development Group will deliver some of the park and fund the cost of the remainder of the public park as part of the section 106 agreement attached to the main Thorpe Park permission. The Land and the responsibility for the park will be transferred to the Council. This application is presented to Panel as it is an important piece of local green infrastructure and because it is directly linked to proposals at Thorpe Park that have also been considered by the Panel.
2.0 PROPOSAL:
2.1 The new public park will maintain many of the existing features currently within the site such as hedgerows, trees, meadows and newt ponds but also include a number of features listed below:
• 6 sports pitches and changing pavilion. • Formal and informal play areas for children 0-14 years. • New walking routes/footpaths that include links to the new open space area within Thorpe Park (known as Central Park). • Wildflower meadows. • Artworks and interactive structures. • Open parkland. • New woodlands. • Nature enclosure. • Picnic area. • Orchards.
2.2 50 designated car parking spaces are provided within Thorpe Park for use by visitors to the park.
2.3 The proposals also include a new school drop-off area adjacent to Austhorpe Primary School.
3.0 SITE AND SURROUNDINGS:
3.1 The application site is located to the west of Thorpe Park with Austhorpe Lane on its western boundary. The land is mostly undeveloped and includes a variety of landscape features including the presence of old field boundaries with associated vegetation. Part of the site is still used for agriculture and livestock also graze areas on occasion. A cricket pitch exists towards the northern part of the site (accessed from Austhorpe Lane) and further east three substantial newt ponds have been provided and now contain a thriving local population Great Crested Newts (which are protected species). In addition, Grims Ditch, a prehistoric ditch and Scheduled Ancient Monument, is located on the eastern edge of the Green Park land but there is little or no visible evidence of its existence.
4.0 RELEVANT PLANNING HISTORY:
4.1 The original outline application to layout a business park, a public park and access roads and was granted permission 1995 under reference 32/199/94/OT. The accompanying Section 106 agreement requires the applicant to provide what became known as Green Park. Initial designs for Green Park were developed but concerns were raised regarding the proximity of playing pitches to the residential properties on Austhorpe Lane and the potential for adverse impacts on amenity due to increased noise levels and car parking.
4.2 Since the grant of the original business park permission, all subsequent Thorpe Park permissions have included the same basic requirement to deliver a public park once a certain quantum of office development was reached.
4.3 The most recent planning permissions however introduced retail and leisure uses so a revised trigger linked to the opening of these components was introduced. Full details for Green Park were finally agreed in 2014 under application 12/05150/LA and this current submission seeks to replicate the content of the earlier approval since it has now expired.
5.0 HISTORY OF NEGOTIATIONS:
5.1 This application was submitted early in 2017 but has been delayed primarily due to ecological matters concerning the presence of Great Crested Newts. Whilst supporting information on this protected species was provided as part of the application submission, Natural England wanted further survey work to be undertaken so as to allow the full environmental impact of the development to be better understood.
5.2 Survey work for Great Crested Newts is time sensitive but the relevant information has been provided to Natural England and it is now content for the application to proceed, subject to conditions.
5.3 In recognition of the delays which have taken place, Officers have discussed the delivery mechanism for the proposals with the Scarborough Development Group as the expiry of the original Green Park permission and recent opening of the Thorpe Park retail and leisure phase meant the original phasing programme could no longer be achieved. As previously reported to Members (as part of the recent applications which allowed the retail scheme to open before the Manston Lane Link Road was fully complete) a revised programme of works is now to be submitted for approved within 3 months of the grant of the main Thorpe Park planning permission.
6.0 PUBLIC/LOCAL RESPONSE:
6.1 Site notices (major development affecting a public right of way) were displayed on 02/02/17. The application was also advertised in the Yorkshire Evening Post the following day.
6.2 No letters of representation have been received to this publicity.
7.0 CONSULTATIONS RESPONSES:
Statutory 7.1 Sport England: Supports the application. Conditions recommended.
7.2 Health and Safety Executive: Does not advise on safety grounds, against granting permission.
7.3 Natural England: No objection. The proposed development will not have significant adverse impacts on statutorily protected sites or landscapes.
7.4 Coal Authority: Consultation response outstanding as considering further information (response expected 03/12/18).
7.5 Historic England: No objection on heritage grounds.
7.6 Network Rail: No objection in principle but contact needs to be made with the Asset Protection and Drainage Teams to discuss details regarding the proposed drainage and existing ponds. Conditions recommended.
Non-Statutory 7.7 Highways: No objection subject to the 50 space car park being secured.
7.8 Public Rights of Way: Further discussion on the precise sections of footpath to be diverted should be undertaken before construction work begins. The additional paths to be provided across the site are to be welcomed.
7.9 Nature Conservation Officer: No objection subject to conditions.
7.10 Contaminated Land: Conditions recommended to address any potential remediation issues.
7.11 Flood Risk Management: No objection subject to standard drainage conditions.
7.12 Police Architectural Liaison Officer: Care needs to be taken to avoid the possibility of encampments, vehicle theft/crime and anti-social behaviour is the site is left open 24/7. Raised kerb in the car park would help deter anti-social driving and out of hours restriction should also be considered e.g. raised bollards.
8.0 RELEVANT PLANNING POLICIES
8.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that planning applications are determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for Leeds currently comprises the Core Strategy (2014), saved policies within the Leeds Unitary Development Plan Review (2006) and the Natural Resources and Waste Development Plan Document (2013), the Aire Valley Area Action Plan (2017) and any made Neighbourhood Plans.
Local Planning Policy
8.2 The Core Strategy is the development plan for the whole of the Leeds District. Some saved policies of the UDP Review also apply. The following policies within them are relevant: P9 Community facilities and other spaces P10 Design P11 Conservation P12 Landscape T2 Accessibility requirements and new development G1 Enhancing and extending green infrastructure G8 Protection of important species and habitats G9 Biodiversity Improvements EN5 Managing flood risk
8.3 Relevant saved policies of Leeds Unitary Development Plan Review (UDPR): GP5: General planning considerations. GP11: Sustainable development. N10: Protection of existing public rights of way. N5: Improvement in the quantity and quality of greenspace provision. N23/25: Landscape design and boundary treatment. N29: Archaeology. BD5: Design considerations for new build. LD1: Landscape schemes.
8.4 Relevant Natural Resources and Waste Local Plan: WATER 1: Water efficiency WATER 2: Protection of water quality WATER 4: Development in flood risk areas WATER 6: Flood risk assessments WATER 7: Seeks to ensure no increase in the rate of surface water run-off and the incorporation of sustainable drainage techniques. LAND 1: Requires submission of information regarding the ground conditions LAND 2: Relates to development and trees and requires replacement planting where a loss is proposed.
8.5 Relevant Supplementary Planning Guidance / Documents: SPG22 Sustainable Urban Drainage SPD Street Design Guide SPD Designing for Community Safety SPD Sustainable Design and Construction Leeds Parking Policy
National Planning Policy Framework (NPPF)
8.6 The revised NPPF was published on 24th July 2018 and sets out the Government’s planning policies for England and how these are expected to be applied, alongside other national planning policies.
8.7 The NPPF states that the purpose of the planning system is to contribute to the achievement of sustainable development. At a very high level, the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. The provision of green infrastructure to help promote leisure opportunities and healthy living is supported.
9.0 MAIN ISSUES
1. Background 2. Public access 3. Landscaping and Ecology 4. Sports pitches 5. Parking 6. Archaeology
10.0 APPRAISAL
1. Background 10.1 The requirement to provide a new public park as part of the wider Thorpe Park proposals is long established and has been formally secured through successive permissions dating back to when the first planning application was submitted in 1996. Indeed, the UDPR recognises this by identifying the land as ‘proposed new greenspace’. Accordingly the principle of this proposal is acceptable as a planning permission needs to be in place to allow the actual implementation of the public park now the retail and leisure component of Thorpe Park has opened.
2. Public Access 10.2 There are significant enhancements proposed to create a large new public park including enhanced footpaths, cycleways and bridleways plus meadows, orchards, picnic areas and interactive structures and play features. New woodland walks will be provided and large meadows are also introduced to complement more formal features to ensure the park is suitable for a wide range of users. The park will also link into the proposed Central Park within Thorpe Park and therefore be part of the wider public right of way network and green strategy extending through East Leeds.
3. Landscaping and Ecology 10.3 The proposals for Green Park include significant new areas of planting ranging from wildflower meadows, new woodland, orchards to formal gardens. This planting will supplement the existing woodlands and open parkland to create an attractive landscape setting and help soften the more formal appearance of the football pitches and changing pavilion.
10.4 The newt ponds are now well populated and although not entirely finished they have proved to be very successfully from an ecological perspective with the local Great Crested Newt population now recovering. The detailed proposals for the newt ponds will allow this success to continue and also provide additional natural habitats going forward. Natural England has also assessed the scheme and concluded it would not pose a risk to protected species.
4. Sports Pitches 10.5 The pitch proposals show three senior and two junior sports pitches plus a changing pavilion. These facilities are specifically located away from Austhorpe Road and adjacent to Thorpe Park due to neighbour concerns about earlier proposals. Sport England is supportive of the development but recommends conditions are attached to ensure these facilities are provided and managed to the appropriate standard and also that community use is available. These recommendations have been carried through as part of the officer assessment (conditions 16, 17, 18).
5. Parking 10.6 50 designated parking spaces are located within close proximity to the pitches and changing rooms within Thorpe Park. The Thorpe Park developer will deliver these spaces separate to any spaces required for their own development and this is secured in the Section 106 agreement. The location of the spaces away from Austhorpe Road and other residential areas will ensure visitors to Green Park and those using the sports pitches do not need to park in the residential areas.
10.7 In addition to the above and to help alleviate existing problems associated with pick up and drop off at Austhorpe Primary School, the proposals also include a new turning and drop off area adjacent to the school. This area will provide space for approximately 30 cars to park/drop off children at the school and therefore help avoid blocking traffic and driveways on Austhorpe Road.
6. Archaeology 10.8 The Scheduled Ancient Monument, Grims Ditch, is located to the east of Green Park. The ditch is located within land that is currently ploughed and therefore has very little protection. The proposed sports pitches have been specifically oriented to avoid Grims Ditch and therefore should allow for better preservation. The detailed landscape design (condition 3) will ensure the visible presence of Grim’s Ditch is maximised and appropriate archaeological recording is also to take place and is secured by condition 15.
11.0 CONCLUSION
11.1 The Green Park development is strongly supported as it will create an attractive new destination for the local community and provide much needed facilities. The proposals will also help to alleviate existing traffic problems on Austhorpe Road associated with the primary school. The new park will form a key part of the linked green spaces within Leeds that will extend from Temple Newsam through Thorpe Park and the East Leeds housing allocation and onto Red Hall and Roundhay Park. The application is therefore recommended for approved but with a defer and delegate resolution pending receipt of the outstanding consultation response from the Coal Authority.
12.0 BACKGROUND PAPERS
12.1 Application file 17/00254/LA.
12.2 Notice has been served on Scarborough Development Group (as land owner).
17/00254/LA
CITY PLANS PANEL © Crown copyright and database rights 2018 Ordnance Survey 100019567 PRODUCED BY CITY DEVELOPMENT, GIS MAPPING & DATA TEAM, LEEDS CITY COUNCIL SCALE : 1/5000 °
KENNERLEIGH GROVE KENNERLEIGH AVENUE KENNERLEIGH
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This map is based upon Ordnance Survey material with the permission of on behalf Controller Her Majesty's Stationery c Unauthorised reproduction infringesCrown copyright and may lead to prosecution or civil proceedings. Leeds City Council 100019567 55
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BARROWBY LANE Pavilion 75.6m 94.2m 4250 4255 4215 4205 Pavilion
CENTURY WAY DW 4210 2200
34 4245 4220 Water Sports Ground 3370 3365 74.7m
SM 4225 4240 4235 4230 SL
91.4m 2100 Sports Ground Sinks 3360 El Sub Sta 3375
El Sub Sta 3320
Brown Moor BM 74.13m BM 89.3m 3200 El Sub Sta Thorpe Park El Sub Sta 3355 3310 2150 Manston 73.2m
El Sub Sta 1 Manston House
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Brown Moor MANSTON El Sub Sta Sub El
2180 LANE 75.9m 71.3m 3100 Track Revision/date 19.08.13 16.07.13 Rev4 Rev3 Rev2 Rev1 07.08.13 21.01.13 Thorpe Park 69.6m BM 71.45m Cottage Lazencroft park to east boundary amended. park to east boundary amended. per WYK624551 Car park to east included. Site boundary red line amended. Car Site boundary red line amended. Car Site boundary red line amended. Site boundary red line altered as Kennels Revision detail
Track
Track ETL Lazencroft 90.3m Brown Moor
Gantry
MP 15 MP Track Water Water Level Crossing SL
BARROWBY LANE Revision/date 10.09.13 Rev5 Brown Moor
Gate House Gate House ETL Lazencroft Farm Section 106 discussions. Site boundary red line altered for 72.9m Revision detail
MANSTON LANE 95.7m BM 102.04m Pillar Barrowby Cottage Carr Gantry Drawing Number Drawn Project Title CW/AJ Site Boundary Green Park LD/327/01 1:2500@A1 Scale 75.4m 19/11/2012 Date Parks & Countryside Leeds City Council MP .75 Farnley Hall Revision Checked LS12 5HA Carr Wood Hall Lane AJ Farnley 5 Leeds