Originator: Jade Corcoran and Andrew Windress Tel: 0113 222 4409

Report of the Chief Planning Officer CITY PLANS PANEL Date: Subject: 13th February 2014 Pre-application Presentation PREAPP/14/00080: Coal extraction and residential development of 485 dwellings at the former Vickers Factory, Manston Lane, Leeds 15.

APPLICANT Bellway Homes

Electoral Wards Affected: Crossgates & Whinmoor

Specific Implications For:

Equality and Diversity Community Cohesion

Yes

Ward Members consulted

Narrowing the Gap

RECOMMENDATION: For Members to note the content of the report and developer presentation and to comment on the proposals.

1.0 1.1

INTRODUCTION: The proposal incorporates the demolition of the existing buildings on the site, site remediation including the extraction of coal and a residential development of approximately 385 dwellings. Two applications would be submitted to cover these works, a minerals application covering the site remediation/coal extraction and a planning application that will seek detailed permission for 100 houses and outline consent for up to 385 dwellings. The applicant expects that these applications will be submitted together in March. This pre-application enquiry is presented to Plans Panel due to the size and sensitivity of the proposals. PROPOSAL:

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Remediation

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The commercial buildings that remain on the site are to be demolished with only the sports club and its pavilion and pitches being retained. The buildings to be demolished are single storey industrial buildings, constructed from steel and cladding, which cover an area of approximately 32,500sq m. The applicant anticipates that the removal of these buildings will take roughly 4 weeks. Site investigations have revealed that the Middleton Main coal seam underlies roughly 60% of the site at a shallow depth with an average seam thickness of 1.8m. Previous coal mining of the area has resulted in voids in the seam causing potential land stability. Therefore, the remediation proposal involves removing the coal seam and workings over a period of approximately 50 weeks. This will also avoid sterilising the coal resource and a costly and lengthy exercise to stabilise the land through grout insections. The development site area is approximately 21 hectares, of which roughly 11.8 hectares will be the subject of the coal extraction. The draft Method Statement sets out that the area underlain by the Middleton Main would be remediated in one continuous phase. This would begin from the western boundary (at the edge of the permitted Bellway development) and work eastwards. Works will be limited by a 5m stand-off from the permitted housing development to the west; approximately a 5m stand-off from Network Rail's operations in the south; and, to the north, up to the outcrop of the Middleton Main seam. The applicant is proposing to create a 5m high bund along the northern boundary from the overburden. The extraction and ground stabilisation is proposed to take place in the form of box cuts that are 5 metres deep. The coal is expected to be removed at a rate of 3,200 tonnes per week, which equates to 20 loads being removed per day and 40 HGV trips (total of 5 movements per hour). Once the coal is removed each box will be filled with the extracted overburden material. Crushed concrete from the demolition of the works will be laid as a temporary layer across the site. The applicant anticipates that there is sufficient fill material on site to reinstate the site levels without the requirement to import material. Once each element is complete settlement monitoring would begin immediately, which is expected to be undisturbed by continuing extraction operations.

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Residential Development 2.5 A hybrid outline and full planning permission will seek approval for approximately 385 dwellings and up to 500m of retail development on the eastern two-thirds of the site and 100 houses on the westernmost portion adjacent to the existing Bellway residential development known as The Limes. 2.6 The applicant would like to commence work on the 100 houses shortly after completing the remediation of that part of the site whilst the remainder of the site would not be developed out until the Manston Lane Link Road (MLLR) has been constructed. The submitted masterplan identifies the sports pitches, pavilion and sports club retained in the far eastern portion of the site with a series of public open space (incorporating some balancing ponds) stretching through the development to the Manston Lane in the northwest corner of the site. A series of connected streets are identified and a small retail unit and pharmacy are identified fronting Manston Lane. A layout for the 100 houses that would form part of the detailed submission links to both the existing housing development, The Limes, and the network of streets identified on the masterplan layout. The detailed layout includes a mix of dwellings ranging from 1 bed to 4 bed houses at a density of 25 dwelling per hectare.

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SITE AND SURROUNDINGS: The development site is situated on the eastern fringe of Cross Gates, which is to the east of Leeds City Centre. As previously discussed, the site is currently occupied by a large industrial unit and several smaller properties. All of these units were associated with the Vickers Tank Factory. The site is currently vacant although it benefits from storage and distribution use granted permission in 2002. The site includes extensive areas of hard-surfacing, a tank test track and car parks. To the north-east of the site there is a currently a Sports and Social club that is intended to remain. A tree belt partly demarcates the northern boundary with Manston Lane. The land falls away by approximately 2m from Manston Lane to the factory car park. The western most fifth of the original site was previously portioned off to Bellway Homes. A residential development is currently under construction on this site. A non-definitive bridleway is situated along the north-eastern/eastern boundary. Ben Bailey Homes are currently on site on land to the north of Manston Lane on the former Optare site. The land use immediately to the east of the Optare site (north of Manston Lane) is commercial in character. In addition to the residential properties being consrtucuted adjacent to the western boundary and at the Optare site, there are a small number of established dwellings to the north (of Manston Lane) and east. The Manston Lane Farm complex is located to the north of Manston Lane, which includes a grade II listed Dovecote, with a public right of way located to the eastern boundary running north (Leeds 116). Grade II listed Lazencroft Farmhouse is situated further on to the east. The Leeds-York railway line runs along the southern boundary of the application site with Thorpe Park and Green Park beyond. HISTORY OF NEGOTIATIONS AND RELEVANT PLANNING HISTORY: 12/05382/FU: Detailed Application for the Manston Lane Link Road (East - West Route). Approved on 28.10.2013 11/02315/RM: Reserved Matters Application for 129 houses and 19 flats. Approved on 02.12.2011 09/04999/OT: Outline application for residential (C3), employment (B1c), health centre (D1), foodstore (A1), ancillary uses (A1/A2/A3/A4), community building (A4/D2), associated car parking, landscaping and infrastructure. Pending decision. It is intended that this application would be withdrawn following the submission of the new hybrid residential application. 08/03440/OT: Outline application for partial redevelopment of the former Vickers tank factory for residential development. Approved on 16.03.2009 32/147/05/FU: Residential development involving 110 dwelling houses and 78 flats to former tank factory site. Refused on 02.05.2007. 32/374/01/FU: Change of use of former tank factory to B8 (storage and distribution). Approved on 26.07.2002 PLANNING POLICIES:

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4.0 4.1

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4.6

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The introduction of the National Planning Policy Framework (NPPF) has not changed the legal requirement that applications for planning permission must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The policy guidance in Annex 1 to the NPPF is that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. The closer the policies in the plan to the policies in the Framework, the greater the weight that may be given. All policies outlined below are considered to align fully with the NPPF. The proposals will be considered in the context of both national planning policy and the Development Plan. At the time of writing, the development plan currently comprises the adopted Leeds Unitary Development Plan (Review 2006) (UDP), policies as saved by directions of the Secretary of State, dated September 2007 and June 2009, the Natural Resources and Waste Local Plan, along with relevant supplementary planning guidance and documents and any material guidance contained in the emerging Local Development Framework (LDF). Leeds Unitary Development Plan Review 2006: General planning considerations. Use of planning obligations. Community Involvement Sustainable development. Greenspace provision/contributions. Provision of new greenspace. Urban design principles. Landscape design and boundary treatment. Archaeology. Sustainable drainage. Protection of the districts wildlife. Enhancement of districts wildlife. Design considerations for new build. Investment in transport improvements. Accessibility issues. Consideration of pedestrian and cyclists needs. Cycle routes and parking. Parking guidelines. Provision for completion of the annual average housing requirement identified in the RSS. Monitoring of annual completions for dwellings. Delivery of housing on non-allocated sites. Affordable housing. Loss of employment land.

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5.3.1 GP5: 5.3.2 GP7: 5.3.3 GP9: 5.3.4 GP11/GP12: 5.3.5 N2/N4: 5.3.6 N5: 5.3.7 N12/N13: 5.3.8 N23/N25/N26: 5.3.9 N29: 5.3.10 N39a: 5.3.11 N49: 5.3.12 N51: 5.3.13 BD5: 5.3.14 T1: 5.3.15 T2 (b, c, d): 5.3.16 T5: 5.3.17 T7/T7A: 5.3.18 T24: 5.3.19 H1: 5.3.20 H2: 5.3.21 H4: 5.3.22 H11/H12/H13: 5.3.23 E7 5.4

Natural Resources and Waste Local Plan: Presumption in favour of sustainable development. Mineral safeguarding areas surface coal Detailed considerations concerning the application, highway safety and amenity considerations. Restoration scheme Flood risk assessments Surface water run-off Contaminated land Development and preservation of trees

5.4.1 General Policy 1: 5.4.2 Minerals 3: 5.4.3 Minerals 9: 5.4.4 5.4.5 5.4.6 5.4.7 5.4.8 Minerals 10: Water 6: Water 7: Land 1: Land 2:

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Supplementary Planning Guidance / Documents:

5.5.1 SPG4 Greenspace relating to new housing development (adopted). 5.5.2 Interim Affordable Housing Policy. 5.5.3 SPG10 Sustainable Development Design Guide (adopted). 5.5.4 SPG11 Section 106 Contributions for School Provision (adopted). 5.5.5 SPG13 Neighbourhoods for Living (adopted). 5.5.6 SPG22 Sustainable Urban Drainage (adopted). 5.5.7 SPD Street Design Guide (adopted). 5.5.8 SPD Public Transport Improvements and Developer Contributions (adopted). 5.5.9 SPD Designing for Community Safety (adopted). 5.5.10 SPD Travel Plans (draft). 5.5.11 SPD Sustainable Design and Construction (adopted). 5.6 National Planning Policy Framework:

5.6.1 The National Planning Policy Framework (NPPF) includes policy guidance on sustainable development, economic growth, transport, design, enhancing the natural and historic environment, minerals extraction and climate change. The Framework advocates a presumption in favour of sustainable economic development to deliver homes, business and industrial units, infrastructure and thriving local places. However, this should be achieved through encouraging effective use of land (including not sterilising mineral resources) with high quality design and a good standard of amenity for all existing and future occupants. 5.7 Core Strategy

5.7.1 The Core Strategy sets out strategic level policies and vision to guide the delivery of development investment decisions and the overall future of the district. On 26th April 2013 the Council submitted the Publication Draft Core Strategy to the Secretary of State for examination and an Inspector was appointed. Examination commenced in October 2013. 5.7.2 As the Council has submitted the Publication Draft Core Strategy for independent examination some weight can now be attached to the document and its contents. 5.7.3 General Policy: The Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework; Location of development - to deliver the spatial development strategy based on the Leeds settlement hierarchy; Regeneration priority programme areas. Priority will be given to developments that improve access to employment and skills development, enhance green infrastructure and greenspace, upgrade the local business environment...; Strategic green infrastructure; Design. New development for buildings and spaces, and alterations to existing, should provide good design that is appropriate to its location, scale and function; The character, quality and biodiversity of Leeds townscapes and landscapes, including their historical and cultural significance, will be conserved and enhanced to protect their distinctiveness through stewardship and the planning process;

5.7.4 Spatial Policy 1: 5.7.5 Spatial Policy 4:

5.7.6 Spatial Policy 13: 5.7.7 Policy P10:

5.7.8 Policy P12:

5.7.9 Policy T2:

5.7.10 Policy G1: 5.7.11 Policy G8: 5.7.12 Policy G9: 5.7.13 Policy EN5: 5.7.14 Policy EN7:

New development should be located in accessible locations that are adequately served by existing or programmed highways, by public transport and with safe and secure access for pedestrians, cyclists and people with impaired mobility; Enhancing and extending green infrastructure; Protection of important species and habitats; Biodiversity improvements; Managing flood risk; Proven mineral resources of surface coal will be protected from sterilisation by the designation.

6.0

ISSUES TO CONSIDER Principle of development

Remediation 6.1 The NPPF outlines that Minerals are essential to support sustainable economic growth. However, minerals are a finite natural resource that can only worked where they are found so it is important to make best use of them. For this reason, the NPPF requires Local Planning Authorities (LPA) to encourage prior extraction of minerals if it is necessary for non-mineral development to take place. 6.2 The full extent of the surface coal field in Leeds has been identified as the Coal Mineral Safeguarding Area. This resource is extensively overlain by existing development. In some cases, it may be economically viable to remove the coal prior to, or as part of, the redevelopment of a site. The Natural Resources and Waste Local Plan (NRWLP) policy Minerals 3 requires that the opportunity to recover any coal present at the site of a major development situated within the Surface Coal Mineral Safeguarding Area has been considered. There is a presumption in favour of extracting any coal from a site unless the applicant can demonstrate it is not economically viable to do so; not environmentally sustainable; the need of the development outweighs the need to extract the coal; or, the coal would not be sterilised by the proposal. As outlined above, the previous mining of the site has created land instability issues. The land can be stabilised by either drilling/grouting or recovery of the remaining coal, removal of voids and replacement of excavated materials. This process will also locate and remove buried structures and contamination hotspots. The former option has been discounted as it would sterilise the mineral resource, is uneconomic and would require approximately 24 months to complete. Given that the removal of the coal is a viable option and a valuable resource would be released, this proposal is considered to comply with national and local planning policy.

6.3

Residential Development 6.4 The site is a brownfield site in a sustainable location and the site is no longer needed for the previous employment use therefore the principle of residential development is acceptable. Housing has been permitted on land to the west and on the northern side of Manston Lane and is prevalent in the surrounding area. 6.5 Are Members supportive of the principle of the principle of the remediation of the site and its development for housing? Highway and access issues Remediation

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The site would be accessed via Manston Lane as per the existing arrangement. As previously outlines, the coal is expected to be removed at a rate of 3,200 tonnes per week. This equates to 20 loads being removed per day and 40 HGV trips. The excavation and compaction works would take roughly 50 weeks. The applicant is currently intending to remove the coal at off peak times as it can be stockpiled during peak periods. The surrounding highway network includes Manston Lane / Austhorpe Road giving access to the outer ring road (through the Cross Gates town centre) and residential streets north and south. This element of the highway network is very sensitive due to the number of accidents in recent years and congestion. Therefore, the Highway Authority would expect a robust transport statement to be submitted with any forthcoming planning application. The applicants would also be required to provide some mitigation in the form of 20mph zones and pedestrian crossings.

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Residential Development 6.8 The residential development would be directly accessed from Manston Lane but also links into the existing residential development, The Limes. There is a connected highway network identified on the masterplan and detailed layout and 15 parking spaces are indicated within the small local centre that would contain two retail units. 6.9 Previous legal agreements relating to the development of this and other sites on Manson Lane restrict the number of vehicle movements until the MLLR is opened. The applicant intends to construct 100 houses prior to the MLLR be opened and will attempt to justify the delivery of these houses by trading the vehicle movements expected for the residential development with those commercial vehicle movements previously agreed for the commercial operations at the site. Highways officer have agreed the principle of this trade.

6.10 Do Members have any comments concerning highway safety? Urban design Residential Development 6.11 Both the masterplan and detailed layout indicate a connected network of streets and public open space that generally links together. However, officers have only recently commented on the initial layouts and it is considered improvements can be made regarding both the detailed and masterplan layout that would include more closely linking the public open space, some improved spacing between properties and a reorientation of some properties. 6.12 Do Members have any comments on the layout of the proposals on the detailed layout and illustrative masterplan? Affordable Housing Residential Development 6.13 15% affordable housing is required for this site and it is understood the applicant will deliver this on site. Negotiations have not advanced on this issue but the detailed layout highlights a mix of dwellings include four 1 bed houses in addition to the 2, 3 and 4 bed houses. 6.14 Do Members have any comments on the affordable housing provision of 15% on site in a mix of dwelling sizes?

Drainage Remediation 6.15 The applicant intends to collect groundwater encountered during the remediation operations and precipitation in a sump at the lowest point of works. From here the water would be pumped to a balancing pond created for attenuation, which will initially provide capacity for a minimum of 250,000 cu m of water. Once the water has been settled and treated it will be discharged off site. Amenity Remediation 6.16 The demolition and extractions works would alter the visual appearance of the area. However, the bund proposed along the northern boundary and the existing trees would help to screen views from Manston Lane into the site. In addition, there is a drop in levels from the highway down to the existing car park and much of the coal extraction works would be below current ground level. Furthermore, the existing context is of large scale commercial buildings. 6.17 The demolition works, removal of hard standing and extraction may introduce additional dust and noise. The extraction process may also incur vibrations. It is anticipated that the maximum noise and dust levels would be generated at the beginning of the works before operations move below ground. The proposed standoff distances and bunds would form part of the proposed mitigation. A noise survey would be expected to accompany any forthcoming planning application outlining the background noise level, identification of noise sensitive receptors, potential effects of the proposal and any necessary mitigation measures. An assessment concerning dust would also be required, which would examine dust raising potential and outline appropriate mitigation measures. Ecology 6.18 Any forthcoming planning application would be expected to be accompanied by a Phase 1 Habitat Survey and Protected Species Survey. There is a known Great Crested Newt (GCN) population less than 500 metres from this site and a record of GCNs within the site. Therefore, detailed site assessment and surveys for GCNs (both within the site boundary and within 500 metres of the boundary) would also be required. The GCNs are an important ecological aspect of the character and biodiversity of the area and are a protected species. Any future development would need to protect and make clear positive enhancements for the GCNs. Planning obligations Remediation 6.19 A community benefit fund a certain amount of the coals value (per ton) would be provided to fund local community projects. Residential Development 6.20 A scheme of around 485 dwellings will attract a S106 package, comprising the following components: Affordable housing (15%), education contribution, greensapce contribution, public transport contribution, public access to the public open space, local employment and training plan, travel plan and travel plan contribution. 7.0 CONCLUSION

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Members are asked to note the contents of the report and the presentation and are invited to provide feedback on the questions and issues outlined above, summarised below: 1. Are Members supportive of the principle of the principle of the remediation of the site and its development for housing? 2. Do Members have any comments concerning highway safety? 3. Do Members have any comments on the layout of the proposals on the detailed layout and illustrative masterplan? 4. Do Members have any comments on the affordable housing provision of 15% on site in a mix of dwelling sizes? 5. Are there any other comments that Members wish to make?

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