Originator: Martha Hughe s Tel: 0113 395 1378 Report of the Chief Planning Officer PLANS PANEL EAST Date: 8th April 2010 Subject: APPLICATION 10/00773/FU – Extension to mezzanine floor and addition of new raised roof to retail units at Units MSU10 and 33 at White Rose Shopping Centre, Dewsbury Road, LS11 APPLICANT DATE VALID TARGET DATE Land Securities Group Plc 25 February 2010 22 April 2010 and H and M Hennes and Moritz (UK) Electoral Wards Affected: Specific Implications For: Morley North Equality and Diversity Community Cohesion √ Ward Members consulted Narrowing the Gap (referred to in report) RECOMMENDATION: DEFER and DELEGATE approval to the Chief Planning officer subject to the conditions specified ( and any others which he might consider appropriate )and the completion of a legal agreement within 3 months from the date of resolution unless otherwise agreed in writing by the Chief Planning Officer, for the submission of an outline application (within 6 months) to apply for additional floorspace at the White Rose Centre (up to 2,500 square metres of A1 floorspace and 1,800 square metres of A3/A4/A5 floorspace) which would also be accompanied by planning obligations to deal with the following matters; - The ability to install a mezzanine floor of 200 square metres or less in each individual unit in the WRC without planning permission will be removed. This equates to potentially 7,946 squares metres of mezzanine floorspace that does not currently require planning permission and this right will be removed. - The floorspace for A1 (2,500 square metres) will be reduced by the floorspace granted on Unit MSU 10 (452 square metres), - for the additional floorspace to relate to existing occupiers only - for the application not to be implemented until works have recommenced on the Trinity Quarter development in the city centre. 1. Standard time limit (3 years) 2. Materials to match existing 3. Local employment 4. Development in accordance with the approved plans and the s106 agreement. Reasons for approval: This application proposes additional retail floorspace in an out of centre location which would normally be regarded as unacceptable in terms of national and local planning policy which seeks to direct retailing to Town Centre locations. However, it is considered that on balance this proposal is acceptable when considered in the context of the opportunity it offers to regulate the possible future expansion of the White Rose Centre and protect the vitality and viability of the city centre and other centres by restricting the potential to create additional retail floorspace without planning permission, and restricting any future development pending the recommencement of development at the Trinity Quarter. As such, this application is considered acceptable subject to the completion of a legal agreement. 1.0 INTRODUCTION: 1.1 This application is for an extension to an existing mezzanine in excess of the 200 square metres which can be carried out without planning permission, at the White Rose Centre. The White Rose Centre is not an identified town centre and the proposal therefore constitutes out of centre development. The application is brought to Members as a precursor to a further application which would limit further expansion (which could be carried out without planning permission) to overcome concerns relating to a previous application and therefore restrict piecemeal expansion of this out of town shopping location. 2.0 PROPOSAL: 2.1 The application proposes an extension to an existing mezzanine at Unit MSU10 (currently occupied by Clinton Cards). The proposed extension is to enable the unit to be altered to meet the requirements of the applicant H & M. The applicant states that low vacancy rates at the White Rose have lead to circumstances where retailers have wanted to change their representation in the centre in response to economic conditions either through expansion or relocation to smaller units. 2.2 The proposal is to extend the existing mezzanine by 452 square metres and to raise the height of the building to increase the floor to ceiling height at ground floor and mezzanine level within the unit. 2.3 The applicant advises that the total floorspace within the White Rose Centre is 58,300 square metres gross and the proposed extension represents an increase in total retail floorspace of less than 1%. 2.4 The applicant advises that Clinton Cards intends to relocate to a smaller unit within the White Rose Centre. 2.5 Members should be aware that this application is a resubmission of application 09/03808/FU which was refused by Officers last year due to concerns that the application would be contrary to policy S9 of the UDP Review and guidance set out in PPS6 – Planning for Town Centres, and that the proposal would have a small but unacceptable impact on Leeds city and town centres and put at risk future investment in in-centre retail floorspace and the ability to fill vacant floorspace and that the application would make it more difficult for the Council to resist further similar out of centre development. 2.6 The applicant has sought to address current guidance within Planning Policy Statement 4 and also the impact on Leeds City Centre..The applicant also looks at the additional floorspace which could be carried out in the White Rose Centre without planning permission. The suggestion is that each unit at the Centre could accommodate a mezzanine of up to 200 square metres as this is threshold set for works affecting the interior of a building which do not constitute development. 2.7 The applicant has provided Leading Counsel’s advice with the planning application on the issue of the creation of mezzanines of up to 200 square metres of retail floorspace without the need for planning permission and whether this applies to an individual unit within the White Rose Centre. The advice is that the relevant provisions should apply to individual units within the White Rose Centre. This issue is considered in more detail later on in this report. 2.8 Based on the provision of 200 square metres for mezzanine development per unit, the applicant states that there is the potential to provide an additional 7, 946 square metres of additional floorspace without the need to apply for planning permission and that this would represent a 12 % increase in total floorspace within the White Rose Centre. 2.9 In order to deal with the Council’s concerns regarding incremental uncontrolled expansion of retail floorspace in the White Rose Centre , this application is submitted on the basis of discussions to remove the rights to create additional retail floorspace in the Centre without planning permission and to agree the total additional floorspace which may be acceptable. This will be secured through a s106 planning obligation requiring the submission of a further outline planning application for the additional floorspace to meet the needs of existing traders at the centre. 2.10 The applicant is also the developer for the Trinity Square development within the city centre and as part of this application is proposing a planning obligation that in the event that planning permission is granted to limit the amount of additional floorspace at the White Rose Centre, this planning permission would not be implemented until works at Trinity Square have recommenced. 3.0 SITE AND SURROUNDINGS: 3.1 The White Rose Shopping Centre is a substantial retail centre in south Leeds comprising over 100 shop units and 4800 car parking spaces including a Sainsbury’s supermarket. It is one of the three main destinations for comparison shopping in the Leeds district along with the City Centre and Owlcotes shopping centre at Pudsey. The centre was built in the 1990’s after being refused planning permission by LCC and subsequently allowed on appeal in 1989. This proposal is for alterations to two of the existing ground floor shop units to the south side of the central atrium. 4.0 RELEVANT PLANNING HISTORY: 4.1 09/03808/FU - Extension to mezzanine floor and addition of new raised roof to retail units. Refused under delegated powers on 24.11.09 for the following reasons; 1. The proposed additional retail floorspace is contrary to local and national planning policy which seeks to direct retailing to Town Centre locations. This proposal has failed to demonstrate through a sequential approach to site selection that there are no suitable Town Centre locations for the development, and as such the proposal is contrary to Policy S9 of Leeds Unitary Development Plan Review 2006, and to Government guidance set out in PPS6 'Planning for Town Centres'. 2. The proposal will have a small but unacceptable impact on Leeds' city and town centres in terms of trade diversion and put at risk future investment in in- centre retail floorspace and the ability to fill vacant floorspace. The impact will be worsened in combination with further similar out-of-centre proposals which would be more difficult to resist if this proposal were permitted. As such, the proposal would be contrary to UDPR Policies SP7 and S9, to the Yorkshire & Humber Plan Policy E2 and to Government guidance set out in PPS6 'Planning for Town Centres'. 4.2 07/01521/FU - Single storey extension to form retail unit to bus terminus – approved 16 May 2007 (44m2 increase in floorspace) 4.3 06/04798/FU – Single storey rear extension to shop – approved 9 October 2006 (23m2 increase in floorspace) 4.4 23/295/94/RM – Reserved matters application for shopping centre – approved 2 December 1994 4.5 23/59/87 – Outline application for shopping centre – refused by LCC and then allowed on appeal 30 January 1989 5.0 HISTORY OF NEGOTIATIONS: 5.1 Following the refusal of application 09/03808/FU discussions have taken place with the officers concerning the proposal and the White Rose Centre’s requirements for flexibility, together with the works which could be carried out without the need for planning permission and the potential impact of this to other identified centres.