Agenda and minutes

The following sites were inspected before the meeting:

At this point, members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Councillor Potter declared a personal and prejudicial interest and stood down for Plans items 4 a, b and c (Regent Street, Richmond Street and St Ann’s Court, York) under the provisions of the Planning Code of Good Practice and spoke from the floor as a member of the Discus Bungalow Steering Group and Local Member.

Councillor Pierce declared a personal non-prejudicial interest in Plans items 4a, b and c (Regent Street, Richmond Street and St Ann’s Court, York) as a Board member of the St Nicholas Fields Management Committee and in Plans items 4d and e (Proposed University Campus lying between Field Lane, Common Lane, A64 Trunk Road and Hull Road, York)  as a member of the Heslington East Community Forum.

Councillor Morley declared a personal non-prejudicial interest in Plans items 4d and e (Proposed University Campus lying between Field Lane, Common Lane, A64 Trunk Road and Hull Road, York) as a member of the Heslington East Community Forum.

Councillor Taylor declared a personal non-prejudicial interest in Plans items 4d and e (Proposed University Campus lying between Field Lane, Common Lane, A64 Trunk Road and Hull Road, York) as a member of the Heslington East Community Forum.

Councillor Jamieson-Ball declared a personal prejudicial interest in Plans items 4d and e (Proposed University Campus lying between Field Lane, Common Lane, A64 Trunk Road and Hull Road, York) as he had spoken at the Planning Inquiry regarding the outline permission and he left the room and took no part in the discussion or voting thereon.                                                                                                                      

To approve and sign the minutes of the last meeting of the Planning Committee held on 23 October 2008.

Consideration was given to a letter, circulated at the meeting, from GVA Grimley, agents in connection with a planning application submitted by Dobbies Garden Centres Plc for the erection of a garden centre on land lying to the south of York Designer Outlet. This application had been considered at the Committees last meeting and the agents felt that there were a number of omissions and inaccuracies in Minute 32b and they requested Members to agree to the inclusion of a number of additional points.

Members pointed out that minutes were not a verbatim record and that a recording of votes was not undertaken unless requested. Officers also confirmed that the reference to job creation not being classed as a very special circumstance for developments in the Green Belt had been referred to both in the Officers report at paragraph 4.25 and in the minutes in the penultimate paragraph of minute 32b.

Following further discussion it was

RESOLVED:             That the minutes of the last meeting of the Committee held on 23 October 2008 be approved and 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 5pm the day before the meeting. 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.

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

This item invites Members to determine the following planning applications:

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

45 dwellings and 13 no. apartments with associated landscaping after demolition of existing dwellings. [Fishergate Ward] [Site Visit]

Members considered a major full application, submitted by Ms Marie Lodge, for the erection of 45 dwellings and 13 no. apartments with associated landscaping after the demolition of existing dwellings.

Officers circulated an update at the meeting, which detailed the following points:

• The applicants for the scheme were Tees Valley Housing, York Housing Association and Southdale Homes.
• An amended plan had been received which showed all the allocated parking bays had been removed from the area to be adopted as a public highway. The plan also confirmed that the turning head would accommodate an 11m dustbin lorry.
• Revised comments from the Landscape Architect stating that the development was still too close to existing trees.
• The Environment Agency were now satisfied that the application could be approved subject to the addition of a number of conditions, which were detailed.
• Confirmation from the Sustainability Officer that from a sustainability point of view the scheme was welcomed.
• Additional conditions were proposed to ensure the satisfactory detailing of the scheme. These conditions were listed and covered heights of building and ground levels, details of hard surfacing and storage sheds proposed in the rear gardens and a condition related to designing out crime.
• An additional letter of objection had been received as a result of the amended plan. Points raised related to disruption and impact of the development on residents, insufficient parking for existing residents and their guests and changes to Barbican Mews it was felt would detract from the objector’s property.
• Clarification in relation to paragraph 4.34 of the report, pointing out that the 5 discount for sale (DFS) properties which would be provided as either affordable rented properties, affordable rented properties staircasing into DFS or as DFS. The conclusion to the report would require amending to reflect these possibilities for the provision of these properties.
• Minor alterations to the wording of Condition 13.
• Highways Informative No. 9 amend figure of ‘£1920’ to ‘£9280’ toward creation/promotion of car club facilities.
• Drawing numbers were required in Condition 2 following the Committee meeting.

Representations in objection to the scheme were received from a local resident. She felt that the development would have no positive affects on the area.  The development would be dominant and too large for the site as it doubled the density, it did not reflect its surroundings and that the apartments would attract young people, families and students. She also felt that there was inadequate parking provision which would have a knock on affect on surrounding streets. She felt that the discus bungalows should have been replaced with new bungalows at a higher density.

Representations in support of the scheme were received from the applicant. He referred to the lengthy negotiations and consultations that had been undertaken with Officers and residents, which had led to the design and mix of properties now proposed to replace the existing bungalows on all three sites. He confirmed that the new properties would achieve Level 3 of the Code for Sustainable homes and would meet Secure by  ...  view the full minutes text for item 38a

59 dwellings and 26 apartments with associated landscaped amenity space after demolition of 41 existing dwellings. [Heworth Ward] [Site Visit]

Consideration was given to a major full application, submitted by Ms Marie Lodge, for the erection of 59 dwellings and 26 apartments with associated landscaped amenity space after the demolition of 41 existing dwellings.

Officers circulated an update at the meeting relating to the following points:

• The applicants for the scheme were Tees Valley Housing, York Housing Association and Southdale Homes.
• An amended plan had been received which showed that the turning head would accommodate an 11m dustbin lorry.
• Following concerns raised by members on the site visit an amended plan had been received which showed the extent of the amenity area on the south of the site and a further area that had been added following the removal of parking spaces and a bin store.
• Additional comments from the Landscape Architect referring to a further loss of trees on the amended plan and a lack of amenity space.
• The Environment Agency were now satisfied that the application could be approved subject to the addition of a number of conditions, which were detailed.
• Confirmation from the Sustainability Officer that from a sustainability point of view the scheme was welcomed.
• Additional conditions were proposed to ensure the satisfactory detailing of the scheme. These conditions were listed and covered heights of building and ground levels, details of hard surfacing and storage sheds proposed in the rear gardens and a condition related to designing out crime.
• Clarification of paragraph 4.28 of the report in relation to the 13 (The figure ‘5’ was stated in update, amendment required to ‘13’) discount for sale (DFS) properties which would be provided as either affordable rented properties, affordable rented properties staircasing into DFS or as DFS. That the conclusion to the report required amending to reflect these possibilities for the provision of these 13 properties.
• Minor alterations to the wording of Condition 13.
• Drawing numbers were required in Condition 2 following the Committee meeting.

The applicant confirmed that since the site meeting amended plans had been submitted which made provision for a further amenity area on this site.

The Local Member expressed support for the scheme following a number of recent amendments to the proposals. She thanked everyone for their involvement with the scheme and for working with the residents. She confirmed that this site was close to Glen Gardens and St Nicholas Fields which provided open areas and play space for residents.

Members expressed concern that that no Officer from Lifelong Learning and Leisure was present at the meeting to answer queries in relation to the provision of play areas and the Council’s Open Space Policy. Members also requested the inclusion of a condition requiring a scheme for the layout of the play area to be submitted, amendments to the designing out crime condition to take into account the Architectural Liaison Officers comments in relation to the gating of alleyways and the amendment of the construction management plan condition to contain development traffic in the site.

Officers confirmed that the area of amenity space proposed on  ...  view the full minutes text for item 38b

12 dwellings and an Extra Care facility comprising 41 residential units, with associated bistro restaurant, shop, hairdressers and landscaped amenity space including additional associated communal areas after demolition of existing dwellings. [Fishergate Ward] [Site Visit]

Members considered a major full application, submitted by Ms Marie Lodge, for 12 dwellings and an Extra Care facility comprising 41 residential units, with associated bistro restaurant, shop, hairdressers and landscaped amenity space including associated communal areas after the demolition of existing dwellings.

Officers circulated an update at the meeting relating to the following points:

• The applicants for the scheme were Tees Valley Housing, York Housing Association and Southdale Homes.
• An amended plan had been received which showed an improvement to the northern end elevation, moving the bin store away from the boundary of the site with St Ann’s Court and detailing the elevational treatment onto Cemetery Road.
• The Environment Agency were now satisfied that the application could be approved subject to the addition of a number of conditions, which were detailed.
• Confirmation from the Sustainability Officer that from a sustainability point of view the scheme was welcomed.
• Additional conditions were proposed to ensure the satisfactory detailing of the scheme. These conditions were listed and covered heights of building and ground levels, details of hard surfacing and storage sheds proposed in the rear gardens, a condition related to designing out crime, a lighting scheme for the extra care facility and protection for the front boundary hedge.
• Minor alterations to the wording of Conditions 18 and 32.
• The extension of Condition 6 to protect the hedge to the front boundary during construction.
• Drawing numbers were required in Condition 2 following the Committee meeting.

The applicant and the representative of the Discus Bungalow Residents Association confirmed that they had nothing further to add to their comments made in relation to the previous application.

Members questioned the following aspects of the scheme:

·        Confirmation that the rights of access for existing residents to their garages from St Ann’s Court would be maintained.

·        The number of parking spaces provided for the extra care facility.

·        Secure by Design condition to take into account the Architectural Liaison Officers comments in relation to the gating of alleyways if required.

·        Amendment of the Construction Management Plan condition to  ensure that development traffic was contained in the site to avoid problems for neighbouring residents.

Officers confirmed that Highways were satisfied that the parking proposals were adequate and that the proposed Travel Plan would cover staff travel in a sustainable way.

RESOLVED:             That the application be approved subject to the conditions listed in the report and the following additional and amended conditions;

Amended Condition 2

The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details:-

2769.00.03                                          St. Ann’s site location plan

2769.20.02A rev A                            5no and 3no property terraces

2769.SA10.01 rev C                         St Ann’s Site Plan

Key 03                                                  St Ann’s Key Plan

07105 / PO1 Rev. B                         Ground Floor Layout

 07105 / PO2 Rev. B                        First & Second Floor Layouts

 07105 / PO3 Rev. A                         Upper Roof Plan

 07105 / PO4 Rev. D                       Elevations

 07105 / D10                                       Visual Perspectives.

001/C                                                   Existing ground levels

SA10.03                                               St. Ann's tenure plan

or any plans or details  ...  view the full minutes text for item 38c

Reserved matters application for the erection of Theatre, Film and Television building following previous approval of outline application 04/01700/OUT [Heslington Ward].

Consideration was given to a major reserved matters application, submitted by the University of York, for the erection of a Theatre, Film and Television building following previous approval of outline application 04/01700/OUT.

The following additional information was circulated at the meeting:

• Letter from the Programme Manager of Future Energy Yorkshire in support of the University’s proposals to install a biomass heating scheme on the Heslington East site.
• Details of the renewable energy strategy proposed for Heslington East, Cluster 1.

The Director of Estates for the University of York, as the applicant confirmed that since deferral of the application in October investigations had been undertaken on various options, which aimed to address the Committees concerns in relation to the Energy Strategy for Heslington East.

A representative from the University’s Energy Consultants ARUP confirmed that work had been undertaken to satisfy the planning condition to provide 10% of the Cluster 1 building energy consumption from on-site renewable energy sources. He stated that the University were now committed to delivering in excess of 950,000kWh/year from an on site centralised biomass boiler. He confirmed that the Renewable Energy Strategy for Cluster 1 would form a broader site-wide renewable energy strategy and that the University would reassess this at each stage.

In answer to Members questions Officers confirmed that container vehicles would deliver fuel approximately twice a week to the site.They also confirmed that an application for permission to erect a biomass boiler had not yet been submitted and that if application 08/01751/REMM were approved, this would not imply any approval by Members of a biomass boiler as a solution for the provision of renewable energy.

RESOLVED:             That the application be approved subject to the conditions listed in the report.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to policies CYGP1, CYGP4A, CYGP9, CYGP15A, CYNE7, CTED9, CYT4 and CDED9 of the City of York Local Plan Deposit Draft.

Realignment of Arms of Roundabout with associated pedestrian and cycle access and landscaping, following previous approval of outline application 04/01700/OUT [Heslington Ward].

Members considered a major full planning application, submitted by the University of York, for the realignment of the arms of the roundabout with associated pedestrian and cycle access and landscaping, following previous approval of outline application 04/01700/OUT.

Officers circulated a coloured A4 map showing the changes in alignment of the Field Lane roundabout and detailing the landscaping proposals for the Field Lane entrance.

Representations were received from a local resident who confirmed that she was not against the scheme in principle but concerned that, following construction of the roundabout, traffic would use the service road along Field Lane as a short cut/rat run. She also felt that the proposed cycleway at the western end of Field Lane was unnecessary and could cause accidents. She requested the Committee to defer further consideration of the application pending further investigation of these points.

Representations in support of the application were received from the applicant’s agent. He confirmed that the roundabout was generally as agreed by the Secretary of State other than the alignment of the three approach roads. The main difference related to the alignment of the approach road opposite Deramore Drive, which was located nearer to properties on Field Lane. He pointed out that the amendment had been proposed to avoid statutory undertakers equipment and that any alterations to this would cost in the region of £750k. In answer to questions he stated that to realign the road to the east, further away from properties, would involve cutting through the existing hedge, the removal of a mature tree and cutting into Kimberlow Hill.

Officers confirmed that the cycle route had been proposed to avoid cyclists conflicting with vehicles on the highway and that any closure of the service road would require input by Highway Network Management to enable them to consider the wider implications.

RESOLVED:             That the application be approved subject to the conditions listed in the report.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to provision of a campus at Heslington East, design, sustainability, visual impact, drainage, landscaping, bio-diversity and transport issues.  The application therefore complies with policies GP1, GP4a, T4, ED9, GP9, NE1 and GP15a of the City of York Local Plan Deposit Draft.