Agenda and minutes

Venue: The Guildhall, York

Contact: Laura Bootland, Democracy Officer 

Items
No. Item

45.

Inspection of Sites.

Minutes:

Site

Reason for Visit

Members Attended

Plans Item 4b – Carmelite Street.

To enable Members to view the site.

 Cllrs Cunningham Cross, Firth, McIlveen, Merrett and Reid

Plans Item 4c – Poppleton Garden Centre.

To enable Members to view the site.

Cllrs Cunningham Cross, Firth, McIlveen, Merrett and Reid

Plans Item 4a – Phase 2 Derwenthorpe.

To enable Members to view the site.

Cllrs Cunningham Cross, Firth, McIlveen, Merrett and Reid

 

 

46.

Declarations of Interest

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

Minutes:

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

 

Councillor Reid declared a personal and prejudicial interest in agenda item 4c (Poppleton Garden Centre) as her son works for a company which supplies Poppleton Garden Centre.

 

Councillor Funnell declared a personal interest as a member of Derwenthorpe Partnership Forum.

 

Councillor Williams declared a personal and prejudicial interest in agenda item 4b (Carmelite Street) as he is employed by Yorkshire Water who had requested condition 14. He advised that he would leave the room if  condition 14 was discussed in detail. He confirmed that he would participate in discussions and vote on the application if the condition could be considered separately.

 

Councillor McIlveen declared a personal interest in item 4B (Carmelite Street) as he lets properties to students of York St. John.

 

Councillor D’Agorne declared a personal interest in the business on the agenda as a member of the York CTC.

 

Councillor Ayre declared a personal non prejudicial interest in item 4a (Derwenthorpe) as the Chair of Transport on Derwenthorpe Partnership Forum.

47.

Minutes pdf icon PDF 55 KB

To approve and sign the minutes of the meeting of the Planning Committee held on 22nd March 2012.

 

Minutes:

RESOLVED:                That the minutes of the last meeting held on 22 March 2012 be approved and signed by the Chair as a correct record.

48.

Public Participation

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 5pm on Wednesday 25th April 2012. 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.

 

Minutes:

It was reported that there had been no registrations to speak under the Councils Public Participation Scheme. Details of the Speakers registered for the plans items will be detailed under the relevant item.

49.

Plans List

This item invites Members to determine the following planning applications:

Minutes:

Members considered the report of the Assistant Director (Planning and Sustainable Development) relating to the following planning applications, which outlined the proposals and relevant planning considerations and set out the views of the consultees and officers.

 

49a

Land Lying to the West of Metcalfe Lane, Osbaldwick , Phase 2, Derwenthorpe (12/00242/REMM) pdf icon PDF 137 KB

A reserved matters application for details of siting, design and external appearance of 123 dwellings (phase2), granted under outline permission 03/02709/OUT. [Osbaldwick Ward] [Site Visit].

Additional documents:

Minutes:

Members considered a major reserved matters application by The Joseph Rowntree Housing Trust (JRHT) for details of siting, design and external appearance of 123 dwellings (phase 2) granted under outline permission 03/02709/OUT.

 

Officers updated on a number of amendments and additions to the report including (full details of which are attached as annex to the agenda for this meeting):

 

·        A letter from the applicant providing comments on the design principles, housing mix and landscaping matters.

·        Position of housing in relation to Oak Tree.

·        Parking provision.

·        Conditions.

 

Nigel Ingram spoke on behalf of the Joseph Rowntree Housing Trust. He advised that the only detail he would go into in respect of the plans was to point out that the smallest type of housing would be used at the boundary on the western side. In terms of what the development represents, the JRHT want to create a community where everyone can thrive. Progress is being made and phase 2 builds on the best aspects of phase 1. Courtyards will encourage play and interaction between residents. He advised that the development was designed to stand up for the future.

 

Councillor Warters spoke as Ward Councillor for Osbaldwick. He asked that Members consider the impact on wildlife and the Green Belt and that residents of Osbaldwick have used the land for many years and now it is being stolen from them. Members attention was drawn to page 18 paragraph 4.6 of the agenda which referred to 2 prototype dwellings at Temple Avenue. He queried whether these dwellings had been included in the outline application as he understood they had been subject to a separate application. He asked that the height of dwellings adjacent to Temple Avenue be reduced, that amenity space be increased and that hedges be used at boundaries instead of walls or fences.

 

In response to Councillor Warters comments, Officers confirmed that the two prototype dwellings at Temple Avenue had been included in the outline full application but they did not require a reserved matters application and that the application today was for the other 123 dwellings.

 

Members commented on and questioned a number of aspects of the development including:

 

·        Some Members were unhappy with the cycle route and asked whether the plans before them could be subject to negotiation or change. Officers advised that the plans were to be approved as they are but Officers could carry on negotiations with JRHT if Members felt it necessary, but the decision would need to be deferred.

·        Why the applicant had chosen walls and fencing instead of hedges for the boundaries. The applicant advised that walls and fences were used in phase 1.

·        Whether solar panels could be installed on the clay roof tiles in future. The applicant advised that as there was a bio mass boiler at the site, the use of solar panels had been restricted although there was no veto on using them in the future.

·        Some Members were concerned about the number of car parking spaces in relation  ...  view the full minutes text for item 49a

49b

Works (Vacant), Carmelite Street, York (12/00327/FULM) pdf icon PDF 143 KB

A major full application for student accommodation comprising of 258 study bedrooms/studios within an 8 storey building. [Guildhall Ward] [Site Visit]

Additional documents:

Minutes:

Members considered a major full application submitted by S. Harrison Dev. Ltd and Queens House Joint Venture for student accommodation comprising of 258 study bedrooms/studios within an 8 storey building.

 

Officers circulated an update to the Committee report, which covered the following points, (full details of which are set out in the update attached to the republished agenda):

·        Further representations received in objection.

·        Additional and amended conditions.

·        Open space contributions.

·        Sustainable construction clarification

·        Cycle parking.

·        Space within the cartilage of Shambles Car Park.

 

Representations in objection were heard from Katie Craddock on behalf of Hungate York Association. She advised that the location had been described as a ‘key site’ by City of York Council and raised concerns about it being used for student accommodation as in her opinion it could affect the viability of the site. She also questioned whether 10 metres was a suitable distance from existing apartments at the site.

 

Representations in support were heard from Chris Hale the applicant’s agent. He advised that he was disappointed that the agents for the neighbouring site had only recently come forward with objections. He stated that 100 construction jobs would be created at the site with work scheduled to begin in July and that the accommodation would be good quality and well managed.

 

Representations were heard from Councillor Warters who questioned whether exclusive student accommodation blocks were encouraging mixed communities and asked whether other members of the community could apply for the flats.

 

Members questioned a number of aspects of the development including:

 

·        Disabled access in particular the amount of space provided for disabled car parking, the number of flats fro disabled students and toilet provision for disabled visitors. The applicants agent assured Members all these aspects had been carefully considered and provided for.

·        Whether the 10 metres allowed between the proposed development and existing buildings was sufficient. Officers confirmed it was in line with the rest of Hungate.

·        Queried if Highways Officers were satisfied with the arrival and departure plan. It was confirmed by Officers that Highways are satisfied.

·        Concerns were raised about the loss of some employment land at Hungate, although student accommodation provision was welcomed.

·        Members asked that further cycle parking be provided for visitors.

 

Following further discussion it was:

 

RESOLVED:                That the application be approved subject to the conditions listed in the report and an additional condition on cycle storage for visitors.

 

REASON:                     In the opinion of the Local Planning Authority the proposal, subject to the conditions outlined in the Officers report and above, would not cause undue harm to interests of acknowledged importance, with particular reference to visual impact, impact on heritage assets, impact on the amenity of surrounding occupiers, sustainability, highway safety and flood risk.  As such the proposal complies with Policies SP9, GP1, GP4, GP15, HE2, HE10, T4, T13 and T20 of the City of York Development Control Local Plan.

 

 

 

 

49c

Poppleton Garden Centre, Northfield Lane, Upper Poppleton, YO26 6QF (12/00402/FULM) pdf icon PDF 131 KB

A major full application for the erection of a sales building and canopies and the restoration of a nursery growing area and new landscaping following the demolition of buildings and removal of hardstanding. [Rural West York Ward] [Site Visit]

Additional documents:

Minutes:

Members considered a major full application by Poppleton Garden Centre for the erection of a sales building and canopies, restoration of nursery growing area and new landscaping following the demolition of buildings and removal of hardstandings.

 

Officers circulated an update to the Committee report, which covered the following points, full details of which are set out in the update attached to the republished agenda:

 

·        Consultation responses from Integrated Strategy and the Flood Risk team and subsequent conditions.

·        Alterations requested following the site visit and chairs briefing.

 

Members questioned and commented on a number of aspects of the application including:

·        The transport and travel plan, in particular if staff were able to use the park and ride. Officers confirmed staff would park within the grounds of the garden centre, but could travel using the park and ride buses from the city centre.

·        Some Members had concerns about extending a retail site in the green belt.

·        Members asked if the continuation of recycling facilities at the site could be conditioned.

·        Members also requested that a condition be added to ensure pedestrian links to Northfield Lane to allow access from the Park and Ride.

 

RESOLVED:                That the application be approved after referral to the Secretary of State with the additional conditions requested by Members as detailed above and the following additional and amended conditions:

 

Amended Condition 7

 

The building shall not be occupied until a travel plan has been submitted and approved in writing by the Local Planning Authority. The travel plan shall be developed and implemented in line with local and national guidelines, and updated annually. The site shall thereafter be occupied in accordance with the aims, measures and outcomes of said Travel Plan.

 

Reason:  To promote sustainable modes of transport and reduce car travel, in accordance with the Authority’s transport polices and comply with Policy CS18 of the emerging Core Strategy and the National Planning Policy Framework.

 

Additional Conditions:

 

DRAIN1

 

Development shall not begin until details of foul and surface water drainage works have been submitted to and approved in writing by the Local Planning Authority, and carried out in accordance with these approved details.

 

Reason:  So that the Local Planning Authority may be satisfied with these details for the proper drainage of the site.

 

Details of all means of enclosure to the site boundaries shall be submitted to and approved in writing by the Local Planning Authority before the development commences and shall be provided before the development is occupied.

 

Reason:  In the interests of the visual amenities of the area

 

 

 

 

REASON:                     In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference the residential amenity of the neighbours, the visual amenity of the building and the locality, the impact on the city and district centres, and the openness and purposes of the green belt. As such the application is considered to be in accordance with the National Planning Policy  ...  view the full minutes text for item 49c

50.

Planning Appeals Update and Decision Summaries. pdf icon PDF 79 KB

This report (presented to both Sub Committees and Main Planning Committee) informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate from 1st January to 28th March 2012, and provides a summary of the salient points from appeals determined in that period. A list of outstanding appeals to that date is also included.

 

Additional documents:

Minutes:

Members considered a report which informed them of the Council’s performance in relation to appeals determined by the Planning Inspectorate from 1st January to 28th March 2012 and provided a summary of key points from appeals determined in that period. A list of outstanding appeals to that date was also included as an annex to the report.

 

Members noted the report.

 

RESOLVED:                That Members noted the contents of the report.

 

REASON:                     So that Members can continue to be updated on appeal decisions within the City of York Council area and be informed on the planning issues surrounding each case for future reference when determining planning applications.

 

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