Agenda item

Outline planning application for demolition of existing dwellings and development of phased, mixed use scheme comprising residential development (up to 1,354 dwellings), employment development (up to 35 hectares of B1(part a and c), B2, B8 uses), residential institution (C2) development (up to 1 hectare), a local centre (comprising A1/A2/A3/A4/A5/D1 uses), a 2 form entry primary school including early years provision, green space, access and other associated infrastructure (amended and further information received) - Land east of Leeds Road, Chidswell, Shaw Cross, Dewsbury.

 

Ward(s) affected: Batley East and Dewsbury East

 

Contact: Victor Grayson, Planning Services

Subject to the Secretary of State not calling in the application, approval of the application delegated to the Head of Planning and Development.

 

The Committee considered Application 2020/92331, an outline planning application for the demolition of existing dwellings and development of a phased, mixed use scheme comprising residential development (up to 1,354 dwellings), employment development (up to 35 hectares of B1(part a and c), B2, B8 uses), residential institution (C2) development (up to 1 hectare), a local centre (comprising A1/A2/A3/A4/A5/D1 uses), a 2 form entry primary school including early years provision, green space, access and other associated infrastructure (amended and further information received) on land east of Leeds Road, Chidswell, Shaw Cross, Dewsbury.

 

Under the provisions of Council Procedure Rule 36(3), the Committee received a representation from Councillor Aleks Lukic.

 

Under the provisions of Council Procedure Rule 37, the Committee received representations from Mark Eastwood MP, Duncan Smith, Sally Naylor, Duncan Mounsey and Sandy Mounsey (local residents/Chidswell Action Group) and Nolan Tucker (on behalf of the applicant).

 

Resolved -

1)   That, subject to the Secretary of State not calling in the application, approval of the application and issue of the decision notice be delegated to the Head of Planning and Development in order to:

 

a) complete the list of conditions, including those contained within the report and the update, as set out below:

1)       Standard outline condition (approval of reserved matters prior to commencement, including allowance for an infrastructure-only reserved matters application to be submitted).

2)       Standard outline condition (implementation in accordance with approved reserved matters).

3)       Standard outline condition (reserved matters submission time limits – first reserved matters application to be submitted within three years of outline approval, last to be submitted within 12 years).

4)       Standard outline condition (reserved matters implementation time limit – within two years of reserved matters approval).

5)       Development in accordance with plans and specifications.

6)        Details of phasing to be submitted.

7)        Floorspace of employment element to comprise a maximum of 65% B8 use and a maximum of 50% B1c and B2 uses, and all B1a floorspace to be ancillary to a B1c, B2 and/or B8 use.

8)        Floorspace of the local centre to include no more than 500sqm of A1 use.

9)        D1 floorspace within the local centre shall not be used as a museum or exhibition hall.

10)      Implementation of a traffic mitigation scheme at the Shaw Cross junction when required, in accordance with details (including road safety audits and arrangements for implementation under Section 278) to be submitted.

11)      Implementation of other junction improvement schemes when required, in accordance with details (including road safety audits and arrangements for implementation under Section 278) to be submitted.

12)      Submission of interim and final details of spine road (including road safety audits and arrangements for implementation under Section 38), and subsequent implementation.

13)      Submission of interim and final details of Leeds Road and Chidswell Lane site entrances (including road safety audits and arrangements for implementation under Section 278), and subsequent implementation.

14)      Primary school to be provided (or alternative provision made) prior to occupation of more than 700 dwellings.

15)      Assessment of potential for decentralised energy scheme to be carried out prior to submission of Reserved Matters applications.

16)      Flood risk and drainage – full site-wide scheme to be submitted.

17)      Flood risk and drainage – detailed drainage proposals to be submitted for each parcel / phase.

18)      Separate systems of foul and surface water drainage to be provided.

19)      Ecological mitigation and enhancement details (including an Ecological Design Strategy, measures to address impacts on birds including ground-nesting farmland birds), and details of mitigation and delivery measures to be submitted.

20)      Air quality mitigation measures to be submitted.

21)      Further noise assessment and mitigation measures to be submitted.

22)      Further odour assessment and mitigation measures to be submitted, and odour constraint on developable areas to be considered prior to submission of Reserved Matters applications.

23)      Contaminated land – phase II intrusive site investigation report to be submitted.

24)      Contaminated land – remediation strategy to be submitted.

25)      Contaminated land – remediation strategy to be implemented.

26)      Contaminated land – validation report to be submitted.

27)      Coal mining legacy – details of intrusive site investigation (and, where necessary, remediation) to be submitted.

28)      Archaeological site investigation.

29)      Site-wide placemaking strategy to be submitted prior to Reserved Matters applications, and to include design principles, coding and other arrangements to ensure high quality, co-ordinated development that appropriately responds to existing guidance including Housebuilders Design Guide Supplementary Planning Document.

30)      Bus stop infrastructure audit and improvement plan to be submitted, with timeframes for implementation.

31)      Construction (Environmental) Management Plan to be submitted.

32)      Tree protection measures to be approved and implemented.

33)      Temporary (construction phase) drainage measures to be approved and implemented.

34)      Site-wide open space strategy to be submitted prior to Reserved Matters applications (or with the first Reserved Matters application), and to include proposals for on-site provision with reference to existing local provision and the six open space typologies of the Open Space Supplementary Planning Document.

35)      M62 junction 28 monitoring strategy to be submitted, approved and implemented, and mitigation to be implemented if monitoring demonstrates the need (condition to be worded to allow for an alternative scheme to be approved, for a contribution to be made via a Section 106 agreement, and for the developer to implement phase 1 of the scheme).

36)     M1 junction 40 monitoring strategy to be submitted, approved and implemented, and mitigation to be implemented if monitoring demonstrates the need (condition to be worded to allow for an alternative scheme to be approved, and for a contribution to be made via a Section 106 agreement).

 

b)   secure a Section 106 agreement to cover the following matters (with all contributions being index-linked):

          (i)  Highway capacity / improvement / other works:

a)   Contribution towards M62 junction 28 mitigation (if details submitted pursuant to condition 35 demonstrate this is appropriate).

b)   Contribution towards M1 junction 40 mitigation (if details submitted pursuant to condition 36 demonstrate this is appropriate).

c)    Monitoring of left-turn movements into Chidswell Lane from spine road, Traffic Regulation Order and implementation of works if signed restriction proves ineffective (contributions totalling £23,500).

d)   Contributions towards junction improvement schemes (applicable should schemes secured by condition prove to be more appropriately delivered via a Section 106 provision).

(ii)  Sustainable transport:

a)     Pump-priming of a Dewsbury-Leeds bus route along spine road, triggered by occupation of 1,000 homes across both sites, contribution to be agreed, duration of pump-priming to be agreed, and provision for contributions to cease if bus service becomes self-financing.

b)     Bus stop upgrade contribution (applicable if bus stop audit demonstrates the need).

c)     Framework Travel Plan (and subordinate plans) implementation and monitoring including fees – £15,000 (£3,000 for five years).

(iii)  Education:

a)     £700,000 contribution towards interim primary provision to be paid in two tranches (£350,000 upon first occupation, £350,000 upon occupation of 119 homes).

b)     Primary school (including early years and childcare) provision cascade:

i) Applicant / developer to decide on whether to build school on site or pay contribution no later than point of occupation of 200 homes;

ii) If the former, applicant / developer to provide land and build school on site to the Council’s specification for use no earlier than when required and no later than point of occupation of 700 homes;

iii) If the latter, contribution amount to be reviewed at the time of payment, contribution to be paid in instalments between the occupation of 229 and 919 homes, Council to put contribution towards on-site school or alternative provision.

c)  Secondary education contribution of £2,257,029.00

(iv)  Open space, including sports and recreation and playspaces – contribution based on Open Space Supplementary Planning Document methodology / formulae, taking into account on-site provision (to be confirmed at Reserved Matters stage). Site-wide strategy required to ensure provision across all phases / parcels / Reserved Matters applications is co-ordinated.

(v)   Affordable housing – 20% provision.

(vi)  Local centre (including community facilities) – arrangements to ensure buildings / floorspace is provided, and details of size, timing, uses and location to be clarified.

(vii)  Air quality – contribution (amount to be confirmed, and subject to applicant / developer measures which may render contribution unnecessary) up to the estimated damage cost to be spent on air quality improvement projects within the locality.

(viii) Biodiversity

a)Contribution (amount to be confirmed) or off-site measures to achieve biodiversity net gain (only applicable if 10% can’t be achieved on-site);

b)Securing other off-site measures (including buffers to ancient woodlands, and provision of skylark plots).

(ix)  Management – the establishment of a management company for the management and maintenance of any land not within private curtilages or adopted by other parties, and of infrastructure. May include street trees if not adopted.

(x)   Drainage – management company to manage and maintain surface water drainage until formally adopted by the statutory undertaker. Establishment of drainage working group (with regular meetings) to oversee implementation of a site-wide drainage masterplan.

(xi)  Ancient woodland – management plan (and works, if required) for public access to Dum Wood and Dogloitch Wood (outside application site, but within applicant’s ownership).

(xii)  Social value – requirement for applicant / developer, future developer partners and occupants of employment floorspace to provide package of training, apprenticeships and other social value measures.

(xiii)Masterplanning – No ransom scenarios to be created at points where new roads meet other development parcels / phases.

 

2)       In the circumstances where the Section 106 agreement has not been completed within three months of the date of the Committee’s resolution (or of the date the Secretary of State for Levelling Up, Housing and Communities confirms that the application will not be called in) then the Head of Planning and Development shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the mitigation and benefits that would have been secured and, if so, the Head of Planning and Development be authorised to determine the application and impose appropriate reasons for refusal under delegated powers.

 

A recorded vote was taken, in accordance with Council Procedure Rule 42(5), as follows:

 

For: Councillors Anwar, Hall, Pattison and Sokhal (4 votes)

Against: Councillors Gregg, Pinnock and Thompson (3 votes)