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. None were declared.

To approve and sign the minutes of the last meeting of the Planning Committee, held on 17 August 2017.

Resolved:  That the minutes of the last meeting held on 17 August 2017 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 13 September 2017. 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 Officers for the meeting on the details at the foot of this agenda.

Filming or Recording Meetings

Please note this meeting will be filmed and webcast and that includes 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 Officers (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.

Construction of development platform, engineering works and remediation and reclamation of site. [Acomb Ward][Site Visit]

Members considered a major full application by British Sugar for the construction of a development platform, engineering works and remediation and reclamation of site.

Officers advised that an updated construction environmental management plan (CEMP) had been received that detailed works to repair/maintain the highway during construction.  As such, they advised that condition 10 should be updated to refer to the up to date CEMP and in light of this, conditions 13 and 15 should be deleted as these were no longer required as they were covered in the CEMP.

Bill Symons addressed the committee on behalf of the Internal Drainage Board in objection to the application. He acknowledged that the Board noted that City of York Council was lead drainage authority for this site and therefore had assessed the risk of flooding however he expressed concerns about the development and moving historical drainage from downstream to upstream. He advised that he had asked the applicant for a copy of a drawing which had been presented at the site visit and, since then, they had made progress in relation to this matter.

Neil Jones, agent on behalf of the applicant, addressed the committee in support of the application. He advised that after several years of joint working, both the Environmental Health Officer and Environment Agency were happy with the proposed remediation measures. He advised that British Sugar had written to the internal drainage board and were hopeful that matters could be concluded in the coming months and that previous concerns should not prevent the committee approving works which would lead to future provision of much needed homes.

The applicant’s agent and the City of York Council’s contaminated land officer explained how remediation work would be undertaken and provided information in relation to ground gas, windblown contamination and dealing with asbestos and advised that details were contained in the remediation strategy.

Members acknowledged that it was a huge site and a big operation. They noted that no residents had attended the site visit to raise concerns and there was a need to get works underway. They expressed their support and noted that concerns which had been expressed were being taken into consideration by British Sugar.

Resolved:  That the application be approved subject to the conditions listed in the report, the amendment to the CEMP condition below and the deletion of suggested conditions 13 and 15.

                   Updated condition 10 (Construction Environmental Management Plan)

The development hereby permitted shall be carried out in accordance with the construction environmental management plan (CEMP) version 1.2 dated 07.09.2017, or any subsequent CEMP submitted to and approved in writing by the Local Planning Authority.

Reason: To mitigate against harm to amenity during construction in accordance with paragraph 123 of the National Planning Policy Framework.

Reason:     The site is previously developed, now vacant and in a sustainable and urban location.  The proposals, to allow site remediation and to create ground levels suitable for development, are consistent with the NPPF core principle for planning to proactively drive and support sustainable  ...  view the full minutes text for item 35a

Change of use of offices (use class B1) to 150no. bed hotel (use class C1) with associated restaurant, bars and gym. Erection of single storey extension and new roof storey.  [Micklegate Ward]

Members considered a major full application by Yorkshire House for the change of use of offices (use class B1) to a 150 bed hotel (use class C1) with associated restaurant, bars and gym and the erection of a single storey extension and new roof storey.

Officers provided an update to Members. They advised that the wording of condition 3 (Materials) and condition 8 (Large Scale Details) should be amended as set out below. They also advised that an additional informative be included with regard to a flood evacuation plan (set out below).

Rachel Martin, agent on behalf of the applicants, addressed the committee in support of the application. She advised that the applicants had worked with Malmaison since approval had been granted and had engaged with council officers throughout the pre-application and application process. She stated that the bespoke canopy had been designed for the roof terrace and the conservation officer believed that this would have no impact on the setting of the listed building and less than substantial harm on the conservation area.

Members noted the concerns of both Historic England and the Civic Trust with regard to the proposed extension to the roof terrace but acknowledged that this was considered as less than substantial harm to the conservation area. They felt that the proposals were an improvement on the previous application and accepted that the canopy would provide protection to customers  from the weather.

Resolved:  That the application be approved subject to the conditions listed in the report and the amended conditions and informative below.

Amended Condition 3 (Materials)

Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of all the external materials to be used (including details of the balustrades, access ramp, windows,  plinth for the outside seating area, the permanent planters) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development.  The development shall be carried out using the approved materials.

For component repairs and repatching (e.g. removal of escape staircase and making good) a sample and details of the proposed external material to be used shall be submitted to and agreed in writing by the Local Planning Authority, to ensure that it is a good match for the existing. The development shall be carried out using the approved materials.

Informative: Light grey single ply membrane will not be acceptable for the flat roof sections of the single storey/south west extension.

Note: Because of limited storage space at our offices it would be appreciated if sample materials could be made available for inspection at the site. Please make it clear in your approval of details application when the materials will be available for inspection and where they are located.

Reason:  So as to achieve a visually cohesive appearance. The site is within a conservation area and within the setting of a listed building and ancient scheduled monument.

Amended Condition 8 (Large Scale Details)  ...  view the full minutes text for item 35b

Erection of motor dealership providing sales and servicing, repair, MOT facilities, wash and valet, vehicle preparation and external car displays.  [Rawcliffe and Clifton Without Ward] [Site Visit]

Members considered a major full application by Mr George/Martin Cornwall-Leigh/Wheatley for the erection of a motor dealership providing sales and servicing, repair, MOT facilities, wash and valet, vehicle preparation and external car displays.

Officers provided an update to Members. They advised that a consultation response had been received from Highways and that Highways officers have no objection to the proposed development. They felt that an acceptable solution had been developed to allow pedestrian access from the site on to Clifton Moor Gate. This included an uncontrolled crossing and pedestrian island similar to others on this section of the highway. These off-site highways works could be secured by condition and would  be carried out through a S62 highways agreement. Officers noted that a number of different options for provision of pedestrian access from the site on to Clifton Moor Gate had been considered. Due to the cost implications, detrimental impact on traffic at the existing signalised junction and predicted use of the facilities generated by the development, other options were not deemed reasonable or proportionate to the demand generated by the development.

Highways Officers drew attention to para.32 of the NPPF which stated that ‘development should only be prevented or refused on transport grounds where the residual cumulative impacts of development were severe’. The proposed pedestrian access scheme was considered to resolve issues of connectivity from the site to likely destinations and provided opportunities for linked pedestrian trips and staff to access bus routes and nearby facilities. Given the nature of the development officers accepted that demand for such pedestrian access was likely to be limited and, as such, the proposed pedestrian was a reasonable and proportionate response to the need to improve the development’s sustainability credentials. Officers recommend additional  highways’ conditions as listed in the resolution below.

Officers advised that  Flood Risk Management  objected to the  proposal but accepted that issues could be dealt with via a condition. Officers advised that a condition was already recommended for the submission of surface and foul water drainage details and therefore no change was proposed.

Officers also advised that a revised plan had been received and therefore condition 2 (Plans) should be amended to reflect the minor changes to elevational plans and pedestrian linkage:

One Member expressed concern that that the landscaping scheme, which they felt was integral to the development, had not been seen by members. Officers confirmed that this had been submitted and included trees, shrubs and grass on the frontage of the site as would normally be expected. Members confirmed that they supported an amendment to condition 12 to ensure that approved landscaping be protected for the lifetime of the development rather than just the 10 years currently stated in the condition.

Members noted that the proposals would replace 4 unoccupied office blocks and expressed the view that as long as there was a safe crossing point and no overwhelming increase in parked cars that they were happy with the proposals which they felt was appropriate for the  ...  view the full minutes text for item 35c

Outline planning application with all matters reserved for erection of petrol filling station, restaurant and 50-bedroom hotel with associated access, car parking and landscaping (resubmission).  [Huntington/New Earswick Ward][Site Visit]

Members considered a major outline application by Enita Europe Limited for outline planning permission with all matters reserved for erection of a petrol filling station, restaurant and a 50 bedroom hotel with associated access, car parking and landscaping.

Officers advised that since the committee report had been prepared, a detailed consultation response had been received from the Strategic Flood Risk Engineer which raised no objection to the proposal subject to strict compliance with the submitted site specific Flood Risk Assessment. Officers therefore advised that draft reason 3 for refusal should be withdrawn.

Eamon Keogh of O’Neill Associates addressed the committee on behalf of local residents of Beechwood Lodge and Beechwood Cottage as well as the Holiday Inn on Malton Road,  in objection to the application. He stated that the proposals would not serve the local area, did not represent local transport infrastructure and therefore constituted inappropriate development in the Green Belt and special circumstances had not been demonstrated. He advised that proposed development would have a negative impact on residential amenity by way of light pollution, noise and general disturbance. 

David Marjoram of ELG Planning addressed the committee as agent on behalf of the applicant in support. He advised that Highways England accepted that there was a current gap in services provision in this area and confirmed that there was no suitable alternative site outside the Green Belt for provision of services. He explained that the development  would be contained in the wider landscape with boundary planting. He stated that a noise and light assessment had been submitted and that the proposals would not have an adverse effect on the highway network.

Members were advised that a holding direction from Highways England meant that they were not able to approve the application, therefore their only options were to refuse or defer the application at this stage.

Members disputed the view that the proposals would only have a “minimal effect” on the Green Belt. They expressed the view that this was the wrong location for such a wide scale development which they felt would harm the Green Belt and have a negative impact on residential amenity. They did not accept that it represented local transport infrastructure and noted that this was a pinch point for  traffic coming off the A64. They noted that there was no backing from Highways England who would have removed the direction if they had been happy with the proposals.

Resolved:  That the application be refused.

Reason:     The proposed development is inappropriate within the Green Belt within the definition outlined in paragraphs 89 and 90 of the National Planning Policy Framework and therefore by definition materially harmful to its openness. The proposal runs clearly contrary to the principles of including land within the Green Belt namely the prevention of encroachment into open countryside and the safeguarding of the setting of historic towns and cities. No case for "very special circumstances" has been brought forward overcome the strong policy presumption against inappropriate development within the Green Belt and  ...  view the full minutes text for item 35d