An Exercise in Coercion ?


At today’s meeting of Plans Panel West, councillors were given a mind numbing cocktail of misinformation and omission which might have fooled Solomon. And in case that wasn’t enough, there was even a bribe thrown in and a threat that the School might sue if no decision was made on the Leeds Girls High planning applications.

Misinformation

Senior planning officer Tony Clegg told councillors that the applications would “preserve the best of the 1905 building with loss of the unattractive later additions.” The truth is that the applications would result in demolition of 50% of the original school building.

Whilst acknowledging that UDP policy N6(i) requires that replacement playing fields be located in the “same locality”, senior planning officer Paul Gough claimed that in the case of the School, “same locality” means anywhere in Leeds, since the catchment area of the School includes the whole of Leeds. But since the School’s catchment area also includes Harrogate, if Paul Gough’s interpretation of “same locality” is correct, it would mean that the Leeds UDP allows playing fields to be transferred to another city, which is clearly absurd.

Paul Gough said that it doesn’t matter if our area loses the tennis courts on the Headingley site, because the public has never had access to them, and because they’ve been replaced by tennis courts at Alwoodley, to which the public does have access. But according to the Grammar School at Leeds website, the only sports facilities at Alwoodley that are available to members of the public, are indoor sports facilities, and these do not include tennis courts. And the indoor sports facilities are available only on a for hire basis.

Omissions

Paragraph 10 of PPG17 states, “Developers will need to consult the local community and demonstrate that their proposals are widely supported by them”. Yet even though over 1,300 local people have objected to the School’s plans, planning officers didn’t mention paragraph 10 or the fact that it gives residents a right of veto on development on open space on the site.

UDP policy N6(ii) states, “Development of playing pitches will not be permitted unless there is no shortage of pitches in an area in relation to pitch demand locally.” That there’s a shortage of pitches in our area is demonstrated by the fact that the six schools within one mile of the Leeds Girls High site have just 29% of the playing pitch requirement of the Education (School Premises) Regulations 1999 (SPRs). And yet planning officers made no mention of the SPRs. Neither did they mention the thousands of students who live in our area and who play football, rugby and tennis on our local park, because the university’s own facilities are several miles away at Weetwood and Bodington. And whilst acknowledging that the heads of five local schools have asked for all three playing fields to be acquired for the use of their pupils, senior planning officer Paul Gough sought to play down the importance of this clear evidence of demand for pitches in our area by saying that Education Leeds has concerns about the safety of pupils being transported to the Headingley site and the possibility that children could be injured by needles on the site.

Bribe

Paul Gough told councillors that if they approve the applications, the School will make Ford House Garden available to the public on a ten year lease. When councillors said they didn’t feel this was for long enough, the School’s representative said that if in the future, the council approves the School’s application to build on the Victoria Road Protected Playing Pitch, they can negotiate on Ford House Garden. Clearly the offer on Ford House Garden is a bribe designed to achieve planning permission on the Victoria Road Protected Playing Pitch. What Paul Gough failed to point out to councillors is that Ford House Garden is itself a Protected Playing Pitch, and therefore, not open to negotiation.

Threat

Chief Planning Officer Phil Crabtree told councillors that the School was considering taking legal action for non determination. What Mr Crabtree didn’t tell councillors was what he should have said to the School in response. Namely, that the reason for the delay has been the School’s failure to supply a satisfactory PPG17 audit, combined with his own department’s reluctance to proceed to panel without one.

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Fortunately, the councillors of Plans Panel West could see what was going on and decided to defer making a decision until after they’d been supplied with a great deal more information.

Reference

Minutes of Meeting of Plans Panel West – 12.8.10
Minutes of Meeting of Plans Panel West – 12.8.10 (musical version)

Who runs Leeds, our elected councillors, or unelected bureaucrats at the Planning Department?

This Thursday, the 12th August, the councillors of Plans Panel West led by Councillor Neil Taggart, will decide applications from the Grammar School at Leeds to build on the former Leeds Girls High School playing fields at Headingley. Logic dictates that the councillors will refuse the applications, since Leeds City Council’s Unitary Development Plan gives N6 Protected status to all three Leeds Girls High playing pitches. But factors other than logic are at work. At a meeting of a planning committee last October, senior planning officer Christine Naylor told Plans Panel West that the Leeds Girls High School playing fields are “brownfield sites” and therefore ripe for development. What Ms Naylor said is at odds with national planning guidance. Planning Policy Guidance 17 clearly states at paragraph 14, “Parks, recreation grounds, playing fields and allotments must not be regarded as previously developed land″. According to Manchester’s Head of Planning in a report he submitted last year to a Manchester City Council Scrutiny Board, “National planning policy in Planning Policy Guidance Note 17 (PPG17) provides clear guidance that playing fields must not be considered as previously developed land or as it is more commonly known ‘brownfield’ land. In planning terms school playing fields are therefore ‘greenfield’ sites that fall within the general definition and protection given to all defined playing fields.”

The Unitary Development Plan gives N6 Protected status to the Leeds Girls High School playing fields out of recognition that Hyde Park and Headingley are deprived in terms of playing pitch provision. N6 status is given irrespective of who owns pitches, or whether the public has ever had access to them. Not only does the UDP protect these pitches from development, but via policy N3 it confers a duty on the local authority to acquire them for the community should the opportunity arise. Such an opportunity has arisen now. With the girls’ school having gone to Alwoodley, the way is clear for the Council to acquire the Protected Playing Pitches at the Headingley site. But instead of trying to protect the playing fields, so that they can be purchased for the use of local people, Leeds City Council’s planning department is recommending to the councillors of Plans Panel West that they give their approval to the applications to build on the playing fields.

I call on the councillors of Plans Panel West when they meet this Thursday, not to listen to the planning department, but instead, to stand up for the policies laid down in the UDP and in so doing, to stand up for the people of Hyde Park and Headingley. In this way, they will make it clear that it is our elected representatives who run this city, and not an unelected bureaucratic elite which apparently doesn’t even know the difference between a brownfield site and a greenfield site.

Twelve years ago, the Planning Department was saying there was “gross deficiency in playing pitch provision” in our area . . .

In a now highly embarassing note dated the 11th February 1998, made in connection with the university’s objections to the inclusion of the former Grammar School cricket pitch within the UDP as an N6 Protected Playing Pitch, the Planning Dept commented as follows : :

The council responded to these objections, considering that there was a gross deficiency in playing pitch provision, particularly in some inner city areas, including University Ward.

Policy N6  seeks to protect playing pitches from development unless particular exceptions apply.  The first of these (N6i) allows for overall pitch quality and provision to be upgraded though part development or relocation.  N6ii allows development if there is no shortage of pitches, locally, and city-wide, and the land is not required for additional greenspace.

Subsequent to these comments being made, a deal was done between the council and the university which allowed the university to build on the Protected Playing Pitch, in exchange for a cash payment of £255,000 intended to establish replacement facilities on Woodhouse Moor.

The Planning Department note acknowledges that development is only permissible if there is no shortage of pitches locally.  And yet, the result of the arrangement with university was that this area ended up with even less playing pitch provision than it had before. That there is currently a gross deficiency in playing pitch provision in this area is proven by the fact that none of the local schools comply with the School Premises Regulations 1999 in terms of playing pitch provision. In order to make these schools comply with the regulations, the council would have to acquire all three of the available Leeds Girls High Protected Playing Pitches. This could easily be done, for as Protected Playing Pitches, the land is worth no more than £15,000.

References

Note from Plans West dated 11 February 1998
The School Premises Regulations 1999

What the Inspector said when the Grammar School tried to get the N6 Protected status removed from its playing field

Back in the 1990s, Leeds Grammar School wanted planning permission to build on their cricket pitch in Hyde Park. But they had a problem in that the pitch had been given N6 Protected status in the draft Unitary Development Plan. So they appealed to the Planning Inspectorate at Bristol against the inclusion of the playing field within the UDP as an N6 Protected Playing Pitch. Here’s what the Inspector said when he made his decision on their application:

In this particular case, the site lies within a generally densely built-up area within which the retention of playing fields may be especially important. I can see no reason to remove this site from Policy N6, especially as the Grammar School has now been relocated at Alwoodley, so that an argument based on their particular needs will no longer apply.

I recommend that no modification be made to the UDP.