The report of the Assistant Director - Planning, Transportation and Highways (Document “Z”) considers an outline planning application for the construction of an employment development scheme comprising B1, B2 and B8 uses and including means of access on land at Gain Lane and Woodhall Road, Bradford – 17/02463/MAO.

Recommended –

That the application be approved for the reasons and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

                                                                        (John Eyles – 01274 434380)

The report of the Assistant Director - Planning, Transportation and Highways (Document “Z”) considered an outline planning application for the construction of an employment development scheme comprising B1, B2 and B8 uses, including means of access, on land at Gain Lane and Woodhall Road, Bradford – 17/02463/MAO. Various plans and photographs were displayed.

He explained that the application for the access road necessary for this development was being determined by Leeds City Council as the required land was located within its boundary.

He proposed that, if Members were minded to approve the application, Condition 26, in respect of permitted hours of use of the buildings, be replaced with one to ensure that levels of noise at the boundary of the site were controlled to ensure that they were no worse than would normally be expected within an urban area such as this.

He gave the following responses to Members’ questions:

·         The land required for the access road was located within Leeds City Council’s Green Belt. It was not known what this Authority’s intentions were in respect of Green Belt changes; it was currently progressing its site allocations process.

·         He indicated, on the plan, the area of informal recreation ground that was part of the site but not designated for employment use. The details of the proposed layout for the development had not been submitted at this stage and would be considered as part of the Reserved Matters application.

A local resident put forward the following arguments in opposition to the development:

·         He strongly objected to the development on behalf of his family.

·         A business should not be permitted to operate storage and distribution during the night time when located so near to residential properties.

·         His property was located near to the junction of the proposed access road with Gain Lane and would be affected by noise from vehicles accessing the site; this was potentially a statutory nuisance and would interfere with their human rights.

·         HGVs already passed very close to properties on Woodhall Lane causing problems with noise; damage had been caused to the foundations of buildings.

·         Over the preceding eighteen months the situation on Gain Lane had worsened and this was having a detrimental impact on the physical and mental health of local residents. The traffic was at standstill during the rush hour and this proposal would exacerbate the situation.

·         A local bakery was operating 24 hours a day, 7 days a week and using forklift trucks during the night which affected residents’ ability to sleep.

·         The proposed widening of Gain Lane was of concern as the ‘residents only’ parking provision would be lost.

·         There were many empty industrial or brownfield sites in the district and it was questioned why could these not be used instead of this green space.

The Assistant Director explained that:

·         The site had been allocated for employment use since 2005.

·         The potential widening of Gain Lane was an issue for Leeds City Council and was not part of the application now before the Committee.

·         The location of the site close to residential properties meant that noise at night was a particular consideration in order to protect the amenity of existing residents. Conditions were proposed to limit potential noise disturbance, particularly for those living immediately adjacent to the site.

·         It was very difficult to control the impact for properties on Gain Lane as this was a main road which already accommodated a lot of traffic.

·         The implications for Gain Lane had been considered; he was not aware that there had been a significant increase in traffic during the last 18 months. The main areas of concern for the Highway Authority were the junctions of Gain Lane with Fagley Lane and Woodhall Road and an increase in traffic movements of just over 3¹/₂% was forecast. Consideration had been given to whether this was an acceptable level considering the level of traffic that was already accommodated. He was not aware that ‘residents only’ parking would be lost but any widening of Gain Lane would be subject to detailed design and the relevant authority would consider the implications at the appropriate time. He was satisfied that Gain Lane had sufficient capacity to accommodate the extra traffic from the proposed development.

·         The Local Planning Authority could only try to ensure that deliveries were not undertaken during anti-social hours.

The applicant made the following comments in support of the application:

·         This site had been designated for employment use in the Replacement Unitary Development Plan (RUDP) since 2005.

·         It was also located within an Enterprise Zone at Leeds City Region level.

·         The land was not located within the Green Belt and a wildlife corridor would be protected from development. It was also private land.

·         The developer was keen to bring this scheme forward.  The company had a good track record in the development of such sites across Yorkshire.

·         The future occupiers of the units were of a high calibre. There was a lack of such new accommodation within the district and this provision would assist in facilitating the retention of companies in the area. Confidential negotiations were being undertaken with potential end users at the present time.

·         The site was in a highly sustainable location on the boundary between Leeds and Bradford and with good potential for recruitment purposes.

·         The access road was located in Leeds and would take the path of Woodhall Road apart from a small section.

·         The developer had been in discussion with officers about the proposals since 2014 and, if permission was granted, intended to start work imminently.  Once planning permission had been granted for the access road it was hoped to finalise the plans. The necessary relocation of the pylons on the site would take approximately 12 months and the construction of the access road approximately 18 months, with work then starting on site in 2019, subject to Reserved Matters approval.

·         An independent consultant’s report had been submitted in respect of noise which indicated a negligible impact internally and external plant could be controlled through conditions. The worst case scenario of 41 decibels was below the level specified by the World Health Organisation (WHO) for a good night’s sleep.

In response to a Member’s question about the noise impact outside the site she explained that the independent consultant had considered a number of noise receptors including on Gain Lane and the worst case was below the WHO guidance level.

Resolved –

(1)       That the application be approved for the reasons and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report subject to the deletion of Condition 26 and its replacement with the following:

26. Noise levels

The level of noise emitted from the application site (excluding vehicles on the public highway) shall not exceed: 48 dB LAr (1 hour daytime) and 38 dB LAr (15 minutes night time) at the residential dwellings off Foston Lane and 50 dB LAr (1 hour daytime) and 44 dB LAr (15 minutes night time) at the Dales Nursing Home off Woodhall Lane.

Reason: To protect the amenity of the occupants of nearby dwellings and to accord with policies SC9, DS1, DS2, DS3, DS4, and, DS5 of the Local Plan for Bradford.

27. Noise and traffic management plan

Prior to the occupation of a Use Class B2/B8 building, a noise and traffic management plan for the service yards shall be submitted to and approved in writing by the Local Planning Authority.  This should consider noise generated from deliveries, loading/unloading activities, along with general service yard activities, and consideration of any mitigation measures required.  The development shall be carried out in accordance with the approved details, which shall be retained and adhered to at all times.

Reason: To protect the amenity of the occupants of nearby dwellings and to accord with policies SC9, DS1, DS2, DS3, DS4, and, DS5 of the Local Plan for Bradford.

28. Noise attenuation measures

Prior to the occupation of any building hereby permitted, details of noise mitigation measures to be incorporated within the design of the building and its curtilage shall be submitted to and approved in writing by the Local Planning Authority. These measures should include, amongst other things, the positioning of any openings in the elevations and roof, the location of any associated plant, and, appropriate fencing. The approved details shall be implemented in full prior to the building being first occupied and shall be retained whilstever the building is in use.

Reason: To protect the amenity of the occupants of nearby dwellings and to accord with policies SC9, DS1, DS2, DS3, DS4, and, DS5 of the Local Plan for Bradford.

(2)       That the Reserved Matters application be submitted to this Committee for determination.

ACTION:       Assistant Director - Planning, Transportation and Highways