Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were asked to declare, at this point in the meeting, any personal interests, not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests they may have in respect of business on the agenda. In relation to the York St John University Sports Centre application (agenda item 4b), Cllr Cullwick noted that he had been an employee of York St John University for ten years (however not for five years). There were no further declarations of interest.

To approve and sign the minutes of the meeting of the Planning Committee held on 16 August 2018.

Resolved:  That the minutes of the last meeting held on 16 August 2018 be approved and then signed by the Chair as a correct record.

It is at this point in the meeting that members of the public who have registered their wish to speak can do so. The deadline for registering is by 5:00pm on Wednesday 10 October 2018. Members of the public can speak on specific planning applications or on other agenda items or matters within the remit of the Committee.

To register, please contact the Democracy Officer for the meeting on the details at the foot of this agenda.

Filming or Recording Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including any registered public speakers who have given their permission. This broadcast can be viewed at http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting e.g. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme on general matters within the remit of the Planning Committee.

This item invites Members to determine the following planning applications:

Members considered a schedule of reports of the Assistant Director, Planning and Public Protection, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views of consultees and officers.

Non-material amendment to permitted application 12/00384/REMM to alter approved plans, to vary condition 9 to amend approved bat mitigation strategy and to remove condition 13 [Fulford And Heslington Ward]

Members considered a non-material amendment from Persimmon Homes Yorkshire to permitted application 12/00384/REMM to alter approved plans, to vary condition 9 to amend approved bat mitigation strategy and to remove condition 13. The request sought consent to make the following amendments to a planning permission for 655 dwellings (12/00384/REMM, approved 9.5.2013) to allow changes to the approved house types and layout of phases 1 and 2 and to amend the timing of an approved bat mitigation strategy agreed under condition 9 of the reserved matters.  The original request to remove condition 13 had now been omitted from the application.  Changes to phase 3 of the scheme had also been omitted from this S 96A non-material amendment request.

Members were advised that the proposal was not a planning application and was a request for consent to make non-material amendments to an existing planning permission pursuant to Section 96A to the Town and Country Planning Act 1990. In Local Planning Authorities, such non-material decisions would ordinarily be processed using delegated powers.  However, the scope of delegation provided for in the wording of York’s Constitution had been queried by Fulford Parish Council, on the grounds that S96A was not expressly referred to in the Council’s Constitution as being excluded from reservation to Committee, (unlike repeat and S73 applications).  The request was therefore being brought to Committee for approval to protect the Council from any challenge to the decision making process on procedural grounds.

It was intended that a Report would be brought to the Committee proposing an amendment to the Constitution for Members consideration and referral to Full Council in order that in future it was clear that such requests were within the scope of delegation to Officers.

The Legal Services Manager advised that Committee that if they felt the changes in the amendments sought were material that consent would not be given to the non material amendments. She further advised that there was no case law to determine whether the amendments were non material. She added that Members needed to consider the effect of the change in the context of the whole application and she provided an example to Members.

An officer update was given in which Members were advised of two further changes required to conditions 12 and 13 on the reserved matters consent to take account of changes to the scheme. Officers then outlined the changes contained in the amendments highlighted that the officer view was that the changes were considered to be non material.

In response to a question concerning which houses had moved, officers brought up the site plan on the screen in the room to demonstrate.  Members were advised that in addition to changes to the layout, the applicant had been in discussion with the highways authority regarding the changes to phases 1 and 2. This involved the removal of pedestrian links. Officers outlined the changes to a number of properties in plots 1 and 2 including the configuration of parking. The change in house types was  ...  view the full minutes text for item 32.

Construction of a 3G sports pitch with associated lighting, fencing and viewing embankments [Rawcliffe And Clifton Without Ward] [Site Visit]

Members considered a major full application from York St John University for the construction of a 3G sports pitch with associated lighting, fencing and viewing embankments. There was no officer update.

Phillip Holmes (O’Neill Associates), agent for the applicant, spoke in support of the application. He explained that the site had been allocated in the local development plan and he noted the benefits of the proposal.

In response to Member questions Mr Holmes and the applicant clarified that there was a timing override on the floodlights. Discussion took place regarding the floodlights during which Members were advised that the nearest residential property was 80 metres away and CYC Public Protection (EPU) had been consulted with and made no objection to the proposed floodlights. The Head of Development Services was asked and clarified that the amenity for nearby residential properties was not affected.

It was confirmed that the site crossed the boundaries for three Parish Councils, all of which had been consulted on the application. Concerning whether the use of the energy efficient lights could be conditioned, Members were advised to use the EPU recommendation. They were reminded of the need to be reasonable and proportionate to meet the legal test.

Following debate it was

Resolved: That the application be approved subject to the conditions and informatives listed in the report.

Reason:     The provision of the 3G facilities would allow for improved sports provision at the Haxby Road site which has the benefit of being able to be used year round. An existing community use agreement is in place at the site. The site is relatively well screened from the highway and the visual intrusion would be limited. It is considered that the application accords with the NPPF, particularly paragraphs 96 and 97, policies ED5, GI1, GI5 and HW3 of the Publication Draft Local Plan (2018) and Policy GP7 of City Of York Draft Local Plan (2005).