Originator:Andrew Windress. Tel: Report of the Chief Planning Officer PLANS PANEL CENTRAL. Date: 29 th January 2009

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1 Originator:Andrew Windress Tel: Report of the Chief Planning Officer PLANS PANEL CENTRAL Date: 29 th January 2009 Subject: APPLICATION 08/06093/FU MULTI-LEVEL DEVELOPMENT UP TO 14 STOREYS IN TWO PHASES, COMPRISING OFFICES, FITNESS CENTRE AND SHOP WITH 13 STOREYS OF CAR PARKING APPLICANT DATE VALID TARGET DATE LEEDS PROPERTIES LTD 17/11/08 16/2/09 Electoral Wards Affected: City & Hunslet Ward Members consulted (referred to in report) Specific Implications For: Equality and Diversity Community Cohesion Narrowing the Gap POSITION STATEMENT ONLY 1.0 INTRODUCTION: Members may recall this proposal last being presented to them at the preapplication stage in October Following further negotiations a full planning application has been submitted and is now presented to Panel as a position statement and Members are requested to provide comment. This large site is owned by the Council and previously benefited from a permission for a similar leisure development; this permission expired in April This application is presented at the same time as planning application 07/04522/FU that relates to the adjacent site at Quarry Hill with a frontage along Eastgate. This development proposes two hotels, serviced apartments, casino, bars and restaurants. The car parking for the hotels, plus public car parking to replace the surface car parking at Quarry Hill, will be provided by the development covered in this report therefore the applications are closely linked and are presented together.

2 2.0 PROPOSAL: This is a full planning application for a building up to 14 storeys that includes offices, gym, A1 retail unit and multi-storey car park (MSCP). The building will be constructed in two phases with the construction of the MSCP and retail unit being phase one and office and gym phase two. The undeveloped area within phase one (i.e. the phase two offices in the western portion of the site) will be landscaped and provide an area of public open space until work on phase two commences. The MSCP built in the first phase is located in the eastern half of the site and will provide 694 car parking spaces, inclusive of 39 disabled spaces. 339 of these spaces will be public car parking to mitigate for the loss of the existing surface car parking at Quarry Hill. 165 spaces are available for the office use. 190 spaces will serve the hotels that form part of the adjacent development; 120 spaces for the 219 bedroom 4* hotel and 70 spaces for the 125 bedroom 2* hotel. Until the phase two offices are constructed, the parking allocation for the offices will be provided as public parking. All public parking will be controlled by a tariff to discourage long stay commuter parking. Vehicular and one of the pedestrian access points to the car park is at the eastern end of the building adjacent to the landing of the A64 footbridge with an additional pedestrian access also available at the southwest corner of the phase one building. The 200sq m ground floor retail unit in the southern elevation is also constructed in phase one. The western portion of the site that is undeveloped at phase one will be landscaped providing an area of open space. 19,535sq m of offices and 1,560sq m gym will be constructed adjacent to and on top of the phase one MSCP. The gym is located in the western portion of the site at the lowest level with offices above. The top three levels of the office extend over the top of the MSCP. The building form is directly influenced by the adjacent hotel development with a gently curving outer edge to the New York Road slip road (northern elevation). This elevation also has a plinth in ceramic granite with striated features, horizontal banding to the main body of the building and wavy roof on top. The car park element is horizontally clad in a panelling system that will vary between solid, perforated and mesh panels. The office element alternates between glass and ceramic stone. A recessed shadow gap provides the break between the MSCP cladding and the office element. The curving office element returns into Quarry Hill at the existing access road before a copper frame breaks the curve as the building enters Quarry Hill. To respect the other forms of development within Quarry Hill the building becomes stepped and more angular and includes some double height overhangs above the footpath. This part of the office element will be fully glazed at all levels. The entrance to the offices is located adjacent to the southern pedestrian entrance to the car park referred to above. Opposite this area a pedestrian crossing point will be introduced to provide a safe route across the access road and toward the centre of Quarry Hill and the Playhouse. A vertical copper clad component highlights the end of the office element before the same three varying panels begin to define the southern elevation of the car park. The A1 retail unit below the car park is in double height glazing.

3 The stair tower at the eastern end of the car park is framed in a ribbed copper composite with glazing panels in the north and south elevations and glazing inserts in the eastern elevation. The application is supported by the following documents: Design and Access Statement. Planning Statement. Flood Risk Assessment. Travel Plan. Sustainability Statement. Waste Management Strategy. Noise Assessment. Land Contamination Report. Transport Assessment. 3.0 SITE AND SURROUNDINGS: This application relates to the primarily grassed area at the northern end of the Quarry Hill site to the west of the A64 footbridge and Quarry House. The New York Road slip road bounds the site to the north whilst the access road within Quarry Hill bounds the site to the south and west. The site contains a steep grassed bank plus a number of trees. There are some areas of hardstanding within the site. The eastern end of the site adjacent to Quarry House is 7m above the western end. The site is within the Prestige Development Area as allocated within the UDP Review where innovative building design and high quality materials are expected. Office uses are acceptable within the PDA. Quarry Hill presently contains a mix of building types and uses and has benefited from a masterplan outlining its redevelopment since RELEVANT PLANNING HISTORY: Applications 20/321/01/OT (approved 29/4/03) and 20/20/04/RM (approved 10/9/04) were granted outline and reserved matters approvals for a part 10, part 11 storey office development with A1 and A3 units and multi-level car parking on this site. This proposal was of a similar scale to that proposed under the current application but with a more angular form. The parking was in the basement and provided 327 spaces allocated to the offices only. On the remainder of the Quarry Hill site are a series of vacant and cleared sites which have now been considered by Members and a resolution to approve has be given for a mixed use scheme for offices residential and leisure uses. At the time of considering this scheme Members expressed concern over the level of car parking which would be present on Quarry Hill for the use by WYPH and as a result a multi storey car park next to Quarry House was included within the scheme. This car park was to make a minimum of 350 spaces available after 1800hrs for general public use which would include use by patrons of the WYPH. Quarry Hill benefited from a masterplanning exercise that culminated in the production of the Farrell masterplan in This masterplan promoted a multistorey car park on this site.

4 5.0 HISTORY OF NEGOTIATIONS: As outlined above the whole of Quarry Hill has benefited from a masterplan since 1990 and there have been outline and reserved matters approvals for a similar development to have recently expired in April As part of the continued development of the adjacent hotel proposal the basement parking at the hotel site was relocated to this site and placed within the above ground car park. To ensure both developments can continue to progress and the public parking provision be retained, the principle of this approach was accepted and both schemes were progressed before being presented to Members as a preapplication proposal in October At this presentation Members raised a number of matters, these are provided below with a comment added to each. The area around the footbridge requires improving to make this a more inviting and safe area. Some Members thought the money spent on the landscaping of the phase two site would be better spent on the area around the footbridge. The area around the landing of the footbridge is outside the developers control and therefore does not form part of the application at this stage. However, officers are continuing to discuss with colleagues in Property Services, and the developer, to ensure this area will be appropriately landscaped and maintained. When the application is presented for determination it is intended that this issue will be resolved and a solution presented to Members. There was concern that phase two may never happen and therefore the roof over the car park not materialise. This has been borne in mind throughout the design development to ensure the phase one building and landscape area provides the design quality required at a PDA. Assurances cannot be given as to when phase two will be commenced. The north elevation appeared like the back of the building and did not complement the gateway location. Improvements have been made to the overall design of the building with a particular focus on how the building will appear on the approach to the city centre. The stair tower and eastern elevation been simplified in terms of its overall appearance but with interesting features added such as the horizontal and vertical glazed slots. The wavy roof now has a neater finish like that to the hotel and therefore the square end of the offices on top of the car park has been removed. The northern elevation now includes further curved levels to the office and the wavy roof now floats over more of this elevation therefore providing a neater elevation similar to that off the hotel. The variation in solid, perforated and mesh panel plus the open slots will provide interest to the car park elevation and lighting of the plinth will highlight interest lower down. The land has been left undeveloped and untidy for a long time therefore the principle of development was supported. The developments must assist in linking Quarry Hill to the nearby communities. The general development of Quarry Hill and the facilities this will provide will provide an interesting destination and point of connection to and from the surrounding communities as opposed to the current uninviting situation. In particular the enhancement of the landscaping around the footbridge will

5 make this area more appealing whilst the activity in the area will make it safer. Negotiations continue regarding the design, highway implications and landscaping at the footbridge. 6.0 PUBLIC/LOCAL RESPONSE: Site notices were posted 26/11/08 and an advert was placed in the Leeds Weekly News on 18/12/08. Letters have been received by the WYPH, Leeds Civic Trust and on behalf of the developer for the other remaining site at Quarry Hill, Caddick Developments Ltd. West Yorkshire Playhouse: The WYPH believes the relocation of the disabled parking spaces into the separate MSCP will disadvantage disabled visitors in view of the distances of these spaces from the Playhouse and the adequacy of the linking routes. Response A full detailed response to the concerns raised by the WYPH is addressed within the appraisal section below. Leeds Civic Trust: The proposed building is inoffensive but its scale and massing do not relate to the other developments proposed within Quarry Hill. The Trust agree with the concerns of Caddick Developments that the proposal is substantially higher than the Caddick scheme and the increased logistical and highway problems due to the relocation of the car park and also reiterate concerns of the Playhouse. Response The issues regarding the design and support for the issues concerning the Playhouse are discussed in detail in the appraisal section whilst their support for those issues raised within the letter from Caddick Developments is discussed below. Caddick Developments Ltd: Objections raised are as follows. The principle of the MSCP is objected to as the MSCP was originally required to be located under the hotel. The Caddick development was required to provide a MSCP to address the wider Quarry Hill requirements. The location of the Leeds Properties car park is adjacent to the Caddick MSCP and therefore will highlight highway implications. There is no need for the extent of car parking proposed by Leeds Properties. The design of the car park entrance will result in backing up problems. The hotel parking should be located under the hotel and not in another location. The proposal is higher than the previous approval and higher than the adjacent Caddick buildings, does not include public open space and uses poor materials. The phasing of the scheme will result in the development appearing unfinished and it would be very difficult to construct the second phase if the remainder of Quarry Hill has been developed. The small retail unit is not viable and such uses are located in the Caddick scheme. Response

6 Whereas it was original intended to provide the public car parking in the hotel basement the principle of relocating public car park on the adjacent site was accepted by officers and presented to Members in October This approach maintains the required level of public car parking at Quarry Hill and with the pedestrian routes shown on plans maintains good connectivity across Quarry Hill. The public parking levels have been set by previous Panel resolutions. There are some outstanding highway implications that are further accentuated by the changing Caddick scheme. However, these issues are being investigated further by highways officers to find an acceptable solution. The proposal is similar to the height of the previously approved scheme at this site and it was always intended that the higher buildings would be located on the edges of Quarry Hill to create a bowl effect. A large public open space is provided as phase one and 586,000 has already been contributed by the developer for the refurbishment of Centenary Steps. It is not considered that this scheme would impose any significantly unorthodox construction requirements by being constructed in two phases and the first phase design has been considered as a finished building. The external design and materials are considered to create a building of quality. The small retail units have always formed part of this proposal to ensure an active frontage to the car park element. 7.0 CONSULTATIONS RESPONSES: Statutory: Highways: The principle of the MSCP providing hotel and public car parking in addition to the offices are acceptable as necessary facility for the viability of the area. The Quarry Hill site and surrounding area can accommodate the levels of traffic indicated. However, the best solution as to how the various vehicle movements relating to both this and the Caddick development at Quarry Hill can be accommodated in the area around the car park entrance has yet to be determined. Non-statutory: Transport Policy: The majority of the measures provided in the Travel Plans are acceptable. Minor changes are being made to the TPs and revisions will be provided prior to Panel where any further comments can be presented verbally. Contaminated Lane Team: The previous uses of the site and submitted reports do not highlight any concerns. Standard conditions requested. Access: Flat and level access is required at all entrance points, gradients across the site and landscape area should be minimised and/or agreed and full height glazing/glass doors should have appropriate manifestations. Mains Drainage: A Flood Risk Assessment has been presented and recommendations made. Standard conditions requested plus one requiring finished floors levels to be 300mm above the adjacent ground level. City Services: Refuse collection arrangements are acceptable. Public Rights of Way: The site is outside the coverage of the definitive map and no known claimed rights of way are affected.

7 Metro: City centre developments are generally supported by Metro. The car park provision could encourage car use; no more than 339 spaces should be allocated as public parking. Design should prevent vehicles stacking onto the highway and encourage access toward the bus station. Some of the modal split generations and target figures for minimising car use are unexpected. The developer should be required to provide real time displays and a public transport contribution in accordance with SPD5. Public Transport Contribution: A contribution of 285,708 is required in accordance with SPD5. Neighbourhoods and Housing: As the applicant does not know the end office user and therefore cannot confirm compliance with relevant noise standards a more detailed noise report should be required by condition and sound insulation measures agreed. Alternatively a post-construction sound test could be carried out with remedial measures introduced. The area in question will probably experience air quality close to, or exceeding the objective limit for an Air Quality Management Area (AQMA) to be declared. However as the proposal does not include residential accommodation the development would not, therefore, be a particular issue for annual average exceedances. Standard conditions requested. Police Architectural Liaison Officer: The site is within a high crime area of the city and car parks are notorious for being problematic in terms of their potential for crime. Secured By Design principles and recommendations are laid out and advice offered. 8.0 PLANNING POLICIES: Regional Spatial Strategy: The RSS for Yorkshire and Humber was adopted in May The vision of the RSS is to create a world-class region, where the economic, environmental and social well-being of all people is advancing more rapidly and more sustainably than its competitors. Particular emphasis is placed on the Leeds City Region. UDPR Designation: Prestige Development Area. GP5: Proposals should resolve detailed planning considerations. GP11, GP12 (Sustainable Design). BD2: New buildings should complement and enhance existing skylines, vistas and landmarks. BD4: Seeks to minimise impact of plant and machinery. BD5: Seeks to ensure a satisfactory level of amenity for occupants and surroundings. T2: Development proposals should not create new, or exacerbate existing, highway problems. T5: Satisfactory provision for pedestrians and cyclists. T6: Satisfactory disabled access. T24: Parking to reflect detailed UDP parking guidelines. A4: Development and refurbishment proposals should be designed to secure a safe and secure environment, including proper consideration of access arrangements. SA9, SP8: Promote development of City Centre role and status.

8 CC4: High quality design and appropriate scale at city centre gateway locations. CC27: Proposal areas within the City Centre. CC31: Uses appropriate within Prestige Development Areas (incl. hotels, conference, leisure). S1: The role of the CC as the regional centre will be promoted. LD1: proposals should allow sufficient space around buildings to retain existing trees in healthy condition & allow new trees to grow to maturity. N12: Fundamental priorities for urban form. N13:requires all new buildings to be of high quality and have regard to character and appearance of surroundings. Supplementary Planning Guidance City Centre Urban Design Strategy September 2000 Seeks to reinforce the positive qualities of character areas, re-establish urban grain, provide enclosure to streets, create visual interest, encourage excellent design, improve pedestrian connections, develop a mixture of land uses, promote active frontages and promote sustainable development. It is considered that the proposals would meet these objectives as described in the Appraisal section below. National Planning Guidance PPS1 General Policies and Principles PPG13 Transport 9.0 MAIN ISSUES i. Principle of the development. ii. Design. iii. Landscaping. iv. Highways v. Disabled Parking. vi. Section APPRAISAL i. Principle of the Development As previously highlighted this site formed part of the Quarry Hill masterplan of 1990 and was subject to previous outline and reserved matters approval for a multi-level office development with basement parking and A1/A3 unit that expired in April The scale of the current proposal reflects the previous permission, albeit in a different form and also reflects the scale and form of the adjacent hotel proposal. As such it is considered that the principle of the uses and general scale of the development have been established in the past and subsequently considered through pre-application. The proposed uses are compatible with the Prestige Development Area. ii. Design The scale of the building reflects the previous approval whilst the curved form generally reflects that of the hotel along the northern elevation and across the roof but with angular elements facing into Quarry Hill to reflect other existing and proposed developments adjacent to this site. The northern elevation incorporates a strong plinth in composite granite that includes projecting horizontal granite bands plus breaks in the granite provided by glazing in the office element and mesh panels or openings in the car park element. This both serves to provide a strong base to the building but also a quality material and level of interest toward the slip road.

9 The horizontal emphasis continues above with the paneling to the car park laid horizontally, but also in a random manner, and the more conventional horizontal arrangement to the offices. This common theme helps to link the two otherwise distinct car park and office elements. The offices extend up and over the car park but maintain the curve of the lower levels. The wavy roof then flows over the offices in a similar manner to the roof to the hotel. To provide a clear finish to this horizontal emphasis and wavy roof the stair tower to the car park is simply framed in a ribbed copper faced cladding with flat roof and glazed side elevation. The eastern elevation is an important elevation as this is viewed from distance on the approach into the city. The curve to the car park and offices will be visible eventually but initially the side of the stair tower and car park will appear prominent. As mentioned the stair tower is clad in a ribbed copper but vertical slots have been added that will allow light penetration through to provide an interesting tower feature. Beyond the stair tower the side of the car park elevation steps backs and is clad in an aluminum faced cladding with horizontal slots returning to provide the finer detail. The south elevation facing into Quarry Hill includes the same mix of horizontally banded solid, perforated and mesh panels, with some open slots sat above the active units on the ground floor that provide activity and interest at the lower level. The pedestrian access into the car park and offices are located directly opposite the north-south pedestrian route through the Caddick scheme and therefore will enhance this route. Another vertical copper clad element provides the break between the car park and office on this southern elevation. These feature provides a further point of attraction along this north-south pedestrian route. The offices facing into Quarry Hill are fully glazed and begin to step back before turning the corner and meeting the curved northern elevation. At this junction a slim copper frame provides the break between the straight glass and curved stone/glass. To ensure some continuity between these two approaches, the stronger horizontal bands from the plinth and upper levels in the northern elevation are continued through the glazing and there are set backs to the upper floor of the offices. iii. Landscaping The submitted landscaping is submitted as an indicative layout only and will be fully conditioned to ensure and appropriate open space is provided that enhances the other open spaces within Quarry Hill. iv. Highways Many of the principles associated with this development are accepted. However, there are still issues relating to how this development can be serviced when the adjacent Caddick development is borne in mind. As with all issues relating to this proposal, the implications on the wider Quarry Hill operators and development proposals must be fully considered therefore a resolution to suit everyone is to be sought before the application is brought to Members for a decision. The S106 will set the car park charges for the public car park to ensure the pricing acts as a deterrent for its use as long stay commuter car parking. The structure will change in the evening to allow visitors to the WYPH cheaper parking. Until the offices are constructed, the spaces allocated to the offices will be available for the public at the same tariff.

10 v. Disabled Parking At present there are 8 disabled parking spaces within Playhouse Square and a further 23 spaces on the remainder of Quarry Hill. During phases b and c referred to above, the location of disabled parking within Playhouse Square is undetermined and it is hoped this will be resolved and be presented verbally to Panel. Upon completion of the hotel development 20 public disabled parking would be located within the MSCP constructed adjacent to the hotel development. Under the previous permission, these 20 spaces were located under the hotel. The Playhouse is concerned regarding the distance visitors will have to travel from the MSCP to the Playhouse and would prefer disabled parking to be located within the hotel basement. The developer has both licensing and management problems regarding providing a small number of public disabled spaces within a private car park. vi. Section 106 The heads of terms for a joint S106 for both the hotel and office/mscp proposal has been agreed with the developer and will include the following: Commitment not to occupy either of the hotel development or MSCP until both developments are complete. Car park pricing/management plan. The 8 hour price for the public car will be 10% above the average for other city centre car parks. Public transport contributions of 125,000 for the hotel and 285,708 for the office development. Travel Plans with monitoring fee of 9,615 for the hotel development and 9,640 for the office development. Reference to the provision of Leeds City Council Car Club (WhizzGo) parking spaces and free trial membership package of 20,082 for the office development. Standard training initiatives. 600 monitoring fee for each clause that requires admin/management/monitoring CONCLUSION Members are asked to note the above position statement and provide comment on the proposals. Negotiations continue regarding the design, highway implications and landscaping at the footbridge. Specifically, officers would appreciate confirmation that; 1) the height, scale, massing and external appearance of the building is acceptable, 2) the two phased approach is acceptable, 3) the access points for vehicles and pedestrians is acceptable, 4) the occupation clauses regarding the hotel and MSCP as noted in the section 106 heads of terms above are acceptable. It is intended to bring a formal recommendation to the February Panel, where the proposal will hopefully address all the outstanding issues and any comments made on this position statement. Background Papers: Application file and history files 20/321/01/OT and 20/20/04/RM. Notice has been served on Leeds City Council.

11 08/06093/FU CITY CENTRE PANEL I Scale 1/1500 PRODUCED BY COMMUNICATIONS, GRAPHICS & MAPPING, LEEDS CITY COUNCIL This map is based upon the Ordnance Survey's Digital data with the permission of the Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office. (c) Unauthorised reproduction infringes Crown Copyright and may led to prosecution or civil proceedings. (c) Crown Copyright. All rights reserved. Leeds City Council O.S. Licence No