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 interest they might have in the business on the agenda.

Councillor Moore declared a personal non prejudicial interest in relation to Plans item 4a (Playing Field, St Mark’s Grove, York) as he had promoted the proposals since 2003. He therefore stood down from the Committee and spoke from the floor.

Councillor D’Agorne declared a personal non prejudicial interest in relation to Plans items 4a and 4c (Playing Field, St Mark’s Grove, York and Land Lying to the West of Whitehall Grange, Wigginton Road, York) as the Cycling Champion and member of the CTC.

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

Councillor Pierce declared a personal non-prejudicial interest in relation to Plans item 4d (Proposed University Campus Lying between Field Lane, Common Lane, A64 Trunk Road and Hull Road) as a member of the Heslington East Community Forum and former member of staff and student of the University.

To approve and sign minutes of meetings of the Planning Committee held on 3 February and 25 March 2010.

RESOLVED:                         That the minutes of meetings of the Committee held on 3 February and 25 March 2010 be approved and signed by the Chair as correct records.

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 28 April 2010. 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.

The Chair did however agree to Councillor B Watson speaking on an item within the remit of the Planning Committee although he stated that he felt this was not the correct place in which to raise this issue.

Councillor B Watson stated that his concerns related to the proposed reorganisation of the Planning Enforcement Team. He referred to the recently undertaken Planning Enforcement Scrutiny Review which had been carried out in an effort to speed up the process and reduce the number of outstanding  enforcement cases. He stated that a reduction in staff numbers at this point would reduce the Enforcement Teams efficiency and lose valuable experience and expertise.

The Chair confirmed that the Assistant Director (Planning and Sustainable Development) would provide a written reply. ^1.

This item invites Members to determine the following planning applications:

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

Construction of a 2.5m wide footpath/cycleway with associated lighting and replacement of existing footbridge. [Skelton, Rawcliffe and Clifton Without Ward][Site Visit]

Members considered a full application, received from Mr Andy Vose, for the construction of a 2.5m wide footpath/cycleway with associated lighting and replacement of an existing footbridge.

Officers provided updated information at the meeting (full details of which are attached to the agenda for this item) relating the following:

• Submission of an amended plan, which showed the path, relocated to a point 2.5 metres away from property boundary’s and with the removal of bollard lighting and its replacement with solar panelled lighting.
• No highway objections to the principle of the development.
• Details of the procedure to be followed to change the line of the definitive path.
• An additional condition in respect of the motorcycle barrier and landscaping.
• As solar lighting was no longer proposed a condition requiring control of lighting was no longer required.
• Officers stated that if members were mindful of approving the principle of the amended scheme they suggested that further consultation should be undertaken and power delegated to the Chair, Vice Chair and Assistant Director to approve the application provided that no new issues were raised following re-consultation on the amended scheme.

Councillor Waudby confirmed her support for the submission of an amended plan and referred to an agreement between the Ward Committee and Parish Council for a link path from Staindale Close. Her only concerns related to the materials to be used in the bridge construction, which she felt, should be harder wearing.

Councillor Moore expressed disappointment that the route, previously agreed with local representatives, had not been included in the submitted application. However he also confirmed his support for the amended route now submitted but expressed concern that the link with Staindale Close was not part of the scheme. 

Members made a number of points and questioned various aspects of the scheme including:

• Whether planning permission would be required for the suggested link path;
• The Parish Council should liaise with the developer to ensure that the Staindale link path was constructed;
• Confirmation that the trees to be removed were poor specimens of little value with replacements being provided by the Parish Council;
• Detail of the LED low level lighting.

Following further discussion it was

RESOLVED:             That subject to further consultation being undertaken in respect of the amendments the Chair, Vice Chair and Assistant Director be granted delegated powers to approve the application provided that no new material issues are raised during the re-consultation of the scheme. ^1.

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: -

- Principle of the proposal

- Design and landscape considerations

- Traffic, highways and access issues

- Impact on Residential amenity

- Biodiversity

As such the proposal complies with Policies GP1, T2b of the City of York Development Control Local Plan.

Erection of a new two storey primary school building in the grounds of existing school and adjacent playing fields with associated car parking access, landscaping and highway works. [Skelton, Rawcliffe and Clifton Without Ward][Site Visit]

Members considered a major full application, submitted by Learning, Culture and Children’s Services, for the erection of a new two storey primary school building in the grounds of the existing school and adjacent playing fields with associated car parking access, landscaping and highway works.

Officers provided updated information at the meeting (full details of which are attached to the agenda for this item) relating to the following:

• Amended Condition 2, 11, 12, 18, 27 and 37;
• Additional Condition in relation to the drainage proposals and the deletion of Conditions 29, 31 and 32;
• To overcome residents concerns trees had been removed from the landscaping scheme within the car park area;
• Environmental Protection had now raised no objections in relation to traffic levels following receipt of additional information;
• Two additional Conditions requested by Sport England;
• Additional Condition requiring details of outside play areas and equipment being submitted and approved by the Local Planning Authority.

The Head Teacher, Rawcliffe Infant Federated with Clifton without Schools outlined the background to the merger of the two schools, which were at present on two different sites. He confirmed that the existing buildings were no longer appropriate for the 21st century curriculum and that moving children from one site to another at age 7 years had a negative impact on their development. Difficulties also existed for parents with children at two sites he therefore urged members to support the scheme, which would provide a modern learning environment for pupils in the area.

Councillor Waudby outlined the history of the proposals which she was now pleased to see at the planning stage. She referred to concerns raised regarding traffic issues, the existing caretakers bungalow, construction traffic and requested that residents were be kept informed at each stage of the development.

Members questioned various aspects of the scheme including:

·        Work undertaken with parents to promote the use of the park and stride scheme;

·        Amendments to wording of Conditions 17, 22 and 37;

·        Measures to be put in place in respect of public access to the site;

·        Concern that the pitch of the flat roofed buildings should be sufficient to avoid ponding or future water penetration;

·        Need for bollards to protect verges adjacent to the school entrance.

The Head Teacher confirmed that the promotion of the park and stride scheme had been undertaken by parent education through their children. He stated Year 6 pupils, under supervision, acted, as parking wardens and that site access would be controlled by the site manager.

Members referred to problems related to the present split school site and to the need to provide modern school facilities. The main issue appeared to relate to highways but they felt that these could be alleviated by the proposed mitigation measures.

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

Amended Conditions:

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

Site plan existing               618126/SD/AP/001                      

Site  ...  view the full minutes text for item 48b

Construction of up to 600 vehicle space park and ride facility with associated access, passenger terminal building, ground mounted photovoltaic solar array and landscape bund. [Skelton, Rawcliffe and Clifton Without Ward] [Site Visit]

Consideration was given to a major full application, submitted by Mr Paul Thackray, for the construction of up to 600 vehicle space car park and ride facility with associated access, passenger terminal building and ground mounted photovoltaic solar array.

Officers updated and reported receipt of the following information since the agenda had been published:

• Request by the Environmental Protection Unit for the inclusion of an additional condition in respect of an acoustic noise barrier;
• Emailed concerns raised by Cllr D Merrett in relation to cycle lane provision on Wigginton Road and the provision for pedestrians at the Stirling Road entrance to the site.

Representations in support of the application were made by the applicant who reminded the Committee that the Park and Ride schemes were integral to the Local Transport Strategy in seeking to reduce congestion and traffic delay to and from the city centre as well as minimising pollution levels. He explained that the main purpose of the site was to catch traffic on the B1363 corridor and relieve pressure on other Park and Ride sites. He also confirmed that once approved further consideration would be given to bus stop siting.

Councillor Waudby confirmed that she welcomed this Park and Ride site, which she hoped, would remove some traffic on the outer ring road. She asked for some deterrent to commuter parking and access to Clifton Moor and that buses would be scheduled at times to coincide with hospital visiting.

Officers confirmed that some of the issues raised by Cllr Merrett did not directly relate to the planning application but could be examined at the detailed design stage as part of the highway works.

Members questioned various aspects of the proposals including:

• Disruption that would be caused with the two phased development of the site;
• How the vehicle capacity of the site had been calculated;
• Proposed Park and Ride route into the city centre;
• Confirmation that the car park would be closed at night and supervised during the day to ensure that owners of parked vehicles did use the Park and Ride service;
• Safety concerns regarding cyclists;
• Confirmation that lighting would be dark sky compliant and only in use during hours of operation;
• Concerns that the landscaping scheme should preserve the openness of the site;
• Concerns that the service would not penetrate into the city centre;
• As ponds were part of the scheme that, if required, barriers were erected in an effort to prevent Greater Crested Newts from accessing areas used by vehicles. Officers confirmed that the Countryside Officer would liaise with the applicant in relation to this point.

RESOLVED:             That the application be approved subject to the imposition of 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 impact upon the open character and purposes of designation of the Green Belt, justification for and sustainability of the scheme, impact  ...  view the full minutes text for item 48c

Construction of central lake and raising of Kimberlow Hill, University of York. [Heslington Ward]

Members considered a major reserved matters application, submitted by the University of York, for the construction of the central lake and raising of Kimberlow Hill at the Heslington East campus.

Officers reminded the Committee that this application had been considered at their meeting on 25 June 2009 when the application had been approved subject to Officers being given delegated powers to approve the final details of certain submitted plans. Officers confirmed that some of the revised plans and the phasing of construction work conflicted with previously agreed conditions and the application had therefore to be brought back for members’ consideration.

Officers updated that since the agenda had been published the plans had continued to be updated and that final plans had now been submitted. An updated list of recommended conditions was circulated (copy attached to the agenda).

Representations in support of the application were received from the applicant agents. He explained that Arup had been involved in the scheme since November 2009 and that work had moved forward with the provision of a temporary drainage system to protect the site during the construction period. Technical issues had caused delays but drawings had now been revised and the phasing reduced to one single phase for completion by July 2010, the temporary drainage works would be redundant after this time.

Members questioned the authorities recourse if work was not completed by the October 2010 deadline. Officers confirmed that the authority could take enforcement action if they felt it was expedient to do so.

In answer to questions, Officers confirmed that recent visits had shown that all the temporary drainage works were connected and that the drains had been cleared and were functioning properly.

Following further discussion it was

RESOLVED:             That the committee resolution of 25 June 2009 be superseded and that the application be approved subject to the amended conditions set out below:

1.   The development hereby permitted shall be carried out only in accordance with the approved plans numbered:  DD110317.L.401/F(A),  70072/SK67,  770072/SK68,  70072/SK69,  70072/SK73,  700072/SK74,  70072/SK75,  70072/SK76,  70072/SK77,  70072/SK70,  70072/SK71,  70072/SK72,  70072/107/D,  70072/180/F,  70072/183/E,  70072/LO1C,  70072/132/D,  H128-YU-005/B,  MMD-264263-S-DR-H128-YU-010/E,  CP000318-A/B,  H128-002/P1, MMD-264263-C-DR-H128-YU-240/D,MMD-264263-S-DR-H128-YU-274/C, MMD-264263-S-DR-H128-YU-270/F,  70072/229,  70072/238,  H128-YU-100/C,  MMD-264263-C-DR-H128-YU-100/A,  70072/241/B  and  H128-YU-SK101/AB

2.     The works hereby approved shall be constructed and be fully operational in their entirety prior to 1 October 2010.  The temporary drainage works, as described in the agent's letter dated 15 December 2009 and the accompanying ARUP report dated 1 December 2009 and in drawing no. H128-YU-SK101/AB received on 17 March 2010, shall be retained in place and operational until the central lake and the discharge controls contained within the outlet control centre are completed and fully operational.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to the principle of the use, sustainability, drainage, landscape and topography, ecology and biodiversity, and movement and access.   As such the proposal complies with Policies GP1, GP4a, GP9, GP15A, NE7 and ED9 of  ...  view the full minutes text for item 48d

This report informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate in the 4 month period up to 31 March 2010, and provides a summary of the salient points from appeals determined in that period. A list of outstanding appeals as at 31 March 2010 is also included for Members information.

Consideration was given to a report, which had also been presented to both Planning Sub-Committees informing Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate in the 4 month period up to 31 March 2010. The report also provided a summary of the salient points from the appeals together with a list of outstanding appeals as at 31 March 2010.

RESOLVED:             That the reports contents be noted.

REASON:                  To update Members on appeal decisions within the CYC area and informed of the planning issues surrounding each case for future reference in determining planning applications.