Agenda and minutes

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Contact: Bartek Wytrzyszczewski  Democracy Officer

Webcast: video recording

Items
No. Item

Site Visits

Site

Visited by

Reason

4a: Self-Storage Facility, Water Lane

Cllrs Galvin, Shepherd, Cannon, Craghill, Crawshaw, Dew, Flinders, Gillies, and Carr

To enable members to see the relationship between the proposal and the adjacent housing

4b: Garage Court Site, Newbury Avenue

Cllrs Galvin, Shepherd, Cannon, Craghill, Crawshaw, Dew, Flinders, Gillies, Hunter and Carr

The application was recommended for approval and objections had been received

4c: 25 Barbican Road, Fishergate

Cllrs Galvin, Shepherd, Cannon, Craghill, Crawshaw, Dew, Flinders, Gillies, and Carr

The application was recommended for approval and objections had been received

4d: Public Toilets, Clarence Street

Cllrs Galvin, Shepherd, Cannon, Craghill, Crawshaw, Dew, Flinders, Gillies, and Carr

The application was recommended for approval and objections had been received

 

44.

Declarations of Interest

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

·        any personal interests not included on the Register of Interests;

·        any prejudicial interests;

·        any disclosable pecuniary interests

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

Minutes:

Members were asked to declare, at this point in the meeting, any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests that they might have in the business of the agenda. No additional interests were declared.

45.

Minutes pdf icon PDF 106 KB

To approve and sign the minutes of the last meeting of the Area Planning Sub-Committee held on 05 April 2018.

Minutes:

Resolved:                     That the minutes of the Area Planning Sub-Committee meeting held on 05 April 2018 be approved and then signed by the Chair as a correct record.

46.

Public Participation

At this point in the meeting, members of the public who have registered their wish to speak in relation to an item on the agenda or an issue within the Sub-Committee’s remit can do so. To register to speak, please contact the Democracy Officer on the contact details listed at the foot of this agenda. The deadline for registering is Wednesday, 02 May 2018 at 5.00pm.

 

Filming, Recording or Webcasting 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. The broadcast can be viewed at http://www.york.gov.uk/webcasts or, if sound recorded, it will be uploaded onto the Council’s website following the meeting.

 

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

Minutes:

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

47.

Plans List

To determine the following planning applications:

Minutes:

Members considered a schedule of reports of the Assistant Director for Planning & Public Protection in relation to the following planning applications outlining the proposals and relevant policy considerations and setting out the views of consultees and Officers.

47a

Proposed Self-Storage Facility, Water Lane [17/03004/FULM] pdf icon PDF 121 KB

Erection of self-storage facility, with associated access and landscaping [Rawcliffe and Clifton Without Ward] [Site Visit]

Additional documents:

Minutes:

Members considered a major full application by MJ McCarthy Holdings for the erection of a self-storage facility with associated access and landscaping.

 

The Officer informed Members that, since the report had been prepared, a request incorporating several ideas seeking to address the objections received in respect of the proposal’s impact upon the residential amenity of neighbouring properties (including the amenities of occupants of the approved care home on the adjacent site to the North-West) had been received from the applicant.

 

Cllr Shepherd moved and Cllr Gillies seconded a motion to defer the application and it was then

 

Resolved:                     That the application be deferred.

 

Reason:                        So that the relevant options can be explored in light of the applicant’s request to address the objections included in the report.

47b

Garage Court Site, Newbury Avenue [18/00410/GRG3] pdf icon PDF 137 KB

Erection of 5no. bungalows with associated gardens and parking following the demolition of existing garages [Westfield Ward] [Site Visit]

Additional documents:

Minutes:

The general regulations (Reg3) application by City of York Council (CYC) for the erection of 5no. bungalows with associated gardens and parking, following the demolition of existing garages was presented to Members.

 

The Officer provided an update which included additional drainage and highways conditions. It was highlighted that any late objections as well as written representations received after the report had been written were similar in nature to those that had been previously received and incorporated into the report. In response to Members’ questions, the following was then clarified:

·        It was not possible to include a condition on additional parking spaces as there was no space for more off-site parking; a relatively small number of cars would be displaced as a result of demolition of the garages.

·        The M4(3) bungalows were fully wheelchair-accessible with designated wheelchair parking spots; the M4(2) bungalows were also wheelchair-accessible; the electric scooters could be parked in the sheds.

Some Members stated that the site could be used for creating a larger number of social houses of smaller size.Other Members, however, argued that the city was also in need of bungalows for the growing population of elderly people.

 

Cllr Gillies moved and Cllr Carr seconded a motion to approve the application and it was then

 

Resolved:                     That the application be approved, subject to the additional conditions:

 

                                      Drainage conditions

1.   Prior to construction, details of the proposed means of foul and surface water drainage, including details of any balancing works and off-site works, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to first occupation of the dwellings.

The information shall include site specific details of:

i)        the means by which the surface water discharge rate shall be restricted to a maximum 9.2 l/sec, and

ii)       the means by which the surface water p to the 1 in 100 year event with a 30% climate change allowance shall be achieved

iii)      future management and maintenance of the proposed drainage systems

 

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

 

2.   Unless otherwise approved in writing by the local planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

Reason:  So that the Local Planning Authority may be satisfied that no foul and surface water discharges take place until proper provision has been made for their disposal.

 

Highways Conditions

1.   Prior to commencement of construction, full engineering, drainage, street lighting and constructional details of the streets proposed for adoption shall be submitted to and approved in writing by the Local Planning Authority. The development shall, thereafter, be constructed in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

Reason:  In the  ...  view the full minutes text for item 47b

47c

25 Barbican Road, Fishergate [18/00353/FULM] pdf icon PDF 161 KB

Conversion of 25 and 26 Barbican Road into 10no. apartments with associated external alterations and a 3-storey rear extension (re-submission) [Fishergate Ward]

Additional documents:

Minutes:

Members considered a major full application by Mr D Blackwell for a conversion of 25 and 26 Barbican Road into 10no. apartments with associated external alterations and a 3-storey rear extension (re-submission).

 

The Officer confirmed that the scheme had been refused in January 2018 and was subsequently amended to reduce the projection of rear extension by 1.6 metres. It was added that the buildings were located outside the conservation areas and that there were no observations received from Yorkshire Water. In response to Members’ questions, the following was noted:

 

·        Waste management plans for main residential buildings were not normally required as part of the planning application; additional condition could be imposed subject to Members’ request.

·        Managing crime and security in the area in question could include door control and CCTV; it would be difficult to enforce specific conditions as they were not within the planning enforcement remit.

Pat Wills spoke against the application on behalf of Fishergate Planning Panel. She stated that the two properties concerned were architecturally separate; granting the planning permission would change the fenestration of both properties, break the uniform appearance of the area and result with loss of two family homes. She added that, by approving the plan, CYC would be setting precedent to the schemes that provided poor quality of life for York residents.

 

During the debate, Members highlighted that no substantial changes had been made to the application after it had been refused in January 2018 and that the development would be out-of-keeping with residential houses. Some Members were also concerned about the proposed room size and location which was at times lower than the Government’s recommended standard of 38m2. It was clarified that the national amenity standards were not embedded in the Local Plan which meant that the application could not be refused on those grounds. However, Members could refuse the application on the basis of the development’s inability to provide a decent level of residential accommodation (without referring to the standards themselves).

 

Cllr Flinders moved and Cllr Cannon seconded a motion to refuse the application and it was

 

Resolved:                     That the application be refused.

 

Reason:                        The proposed development, by reason of the size, scale and massing of the proposed extension is considered to be out of character with the existing pattern of development on the east side of Barbican Road in the vicinity of the site, resulting in harm to the visual amenity of the area. Therefore, the proposal would result in the overdevelopment of the application site contrary to Policy GP1 and H8 of the Draft Development Control Local Plan (2005) Policy D1 of the Pre-Publication Draft Local Plan (2017) and paragraph 17 of the National Planning Policy Framework.

47d

Public Toilets, Clarence Street [18/00221/FUL] pdf icon PDF 124 KB

Conversion of part-public convenience to a café [Guildhall Ward] [Site Visit]

Additional documents:

Minutes:

A full application by Mr Malcolm Holt for a conversion of part-public convenience to a café was presented to Members.

 

The Officer provided an update, clarifying that the description of the application had been amended to include the takeaway element and that three additional objections from local businesses on Gillygate had been received, all of which were similar to objections already expressed in section 3.9 of the report. Members were informed that the application had been called to the Committee by Cllr Craghill in response to public concerns raised in relation to loss of public toilet facilities and the principle of the provision of café facilities in public car parks. In response to Members’ questions, the following was also explained:

·        Paragraph 3.3 of the report referred to the comments made by the Forward Planning Team and not to the Policy R1 Retail Hierarchy and Sequential Approach itself; the development of a café use within the defined city centre was considered acceptable in principle and would not require impact assessment under the emerging Local Plan.

·        Gillygate had no separate designation in the emerging Local Plan.

·        The scope for the Committee to request a retail impact assessment of the application on Gillygate would be limited because of the wording of the policy and, if requested, the results could be meaningless given the small size of the unit in question.

·        Policy ENV2 Managing Environmental Quality (Paragraph 4.4), referring to not allowing development where future occupiers could be subject to significant environmental impacts such as noise, could include staff members working on site. However, the Air Quality Officers did not raise this in the report.

·        Specific conditions in relation to reducing crime and antisocial behaviour were outside the remit of planning enforcement.

Christopher Wilson spoke on behalf of the applicant in support of the application. He highlighted that providing the facility with staffing and appropriate levels of surveillance would result with a better control of the area and could enhance its appearance for the visitors. He reiterated his willingness to tackle relevant issues such as homelessness and antisocial behaviour at the site, including through any conditions imposed by the Committee. Finally, he added that York had a small business community and flexibility was needed for any business owner to remain competitive. In response to questions, he stated that it was not possible to predict what portion of revenue / orders would be achieved by means of takeaway and that his relationship with the business running the toilet was on a landlord-tenant basis.

 

Jill Richards, owner of Wackers (fish & chips restaurant) at Gillygate, spoke against the application on behalf of local business owners, emphasising health and environmental impacts of the proposal: negative effect on staff members present within a proximity of idling coaches, reversing coaches that posed a danger for pedestrians across a small car park, more litter in the area, and increased risk of antisocial behaviour due to extended opening times. She also added that coaches would not switch the  ...  view the full minutes text for item 47d

48.

Appeals' Performance and Decision Summaries pdf icon PDF 175 KB

This report (presented to both Planning Committee and the Area Planning Sub-Committee) informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 January and 31 March 2018, and provides a summary of the salient points from appeals determined in that period (Annex A). A list of outstanding appeals at date of writing is also included (Annex B).

Additional documents:

Minutes:

Members received a report informing of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 January and 31 March 2018, and providing a summary of the salient points from appeals determined in that period, together with a list of outstanding appeals at date of writing.

 

It was

 

Resolved:                     (a) That the report be noted.

(b) That information on progress of appeals APP/TPO/C2741/3909 and APP/TPO/C2741/3907 be provided to Members.

 

Reason:                        To inform Members of the current position in relation to planning appeals against the Council’s decisions as determined by the Planning Inspectorate.

 

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