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.

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

Councillor Ayre declared an interest in Plans list item 3a (Huntington Stadium, Jockey Lane, Huntington) as Executive Member for Culture, Leisure and Tourism with responsibility for delivering the project. He took no part in the debate or vote on this application.

Cllr Cutbertson declared a personal and prejudicial interest in plans list item 3c (York Designer Outlet, St Nicholas Avenue) as he had a connection with Fulford Parish Council who had objected to the application. He left the room for consideration of this item and took no part in the debate or vote on this application.

Cllr Funnell declared personal non prejudicial interests in plans item plans item 3a (Huntington Stadium, Jockey Lane, Huntington) as a Trustee of Be Independent and in plans item 4b (Land Lying to the West of Metcalfe Lane, Osbaldwick) as the council’s appointed representative on the Derwenthorpe Partnership Board.

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 on Tuesday 7 June 2016. 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.

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, i.e. 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 https://www.york.gov.uk/downloads/file/6453/protocol_for_webcasting_filming_and_recording_council_meetingspdf

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 Planning Committee.

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

Variation of condition 2 of application 14/02933/FULM to allow minor material amendments to the approved drawings including an increase in the height and length of the commercial development building with alterations to internal layout and an increase in cinema and restaurant floorspace; alterations to the internal layout of the East Stand and variations of permitted uses; alterations to the internal layout and permitted uses within the Leisure Centre  [Huntington/New Earswick] [Site Visit]

Members considered a major full application from Wrenbridge Sport York Limited and GLL for the variation of condition 2 of application 14/02933/FULM to allow minor material amendments to the approved drawings including an increase in the height and length of the commercial development building with alterations to internal layout and an increase in cinema and restaurant floorspace; alterations to the internal layout of the East Stand and variations of permitted uses; and alterations to the internal layout and permitted uses within the Leisure Centre.

Officers provided an update and responded to two queries which had been raised at the site visit. Officers confirmed that roof heights of the three retail stores (M&S, Next and John Lewis) at the Vangarde development was11.5m, as stated in the officer’s report, which is measured from finished floor level to the top of the parapet.

With regard to sustainability issues and in response to a query as to whether the cinema building would have solar panels, officers advised that the Vangarde permission did not require solar panels but it did require at least 10% of the predicted energy requirements to be from low or zero carbon technologies.  They explained that since then, national carbon/energy policies had undergone major changes by successive governments which included the scrapping of the government’s zero carbon building policies.  In order to conform to these changes the council had amended its Interim Planning Statement on Sustainable Design and Construction by removing both domestic and non-domestic standards including the requirement to generate a proportion of a development’s energy demand from renewable sources.

Officers advised that, separate to these changes the stadium project team had carried out a study to assess the suitability of the proposed council-owned buildings (the hub, stadium and leisure building) for photo-voltaic (PV) panels.  This study, completed in 2014, concluded that PV was not cost effective due to the costs of reinforcing the roof structures on these buildings and the falling tariffs available and the Stadium Project Board had consequently rejected the proposal.

Members were advised that Condition 15 of the 2015 planning permission for the stadium required details of the playing pitch to be submitted to and approved in writing by the local planning authority after consultation with Sport England.  Sport England subsequently had written to the council to say that they would have no objection to the omission of the playing pitch condition as it was no longer necessary.  The officers’ report of the current application therefore stated that condition 15 is no longer applicable.  However, in September 2015, details of the previous condition 15 were formally submitted and discharged.  In order to be consistent with the other conditions that have been formally discharged officers recommended that condition 15 of the current application be included as detailed in the resolution below.

Officers explained that, at the committee site visit, a question had been asked as to whether the conditions of the previous 2015 consent (14/02933/FULM) would be included in an approval of the current application.  This  ...  view the full minutes text for item 5.

Erection of 36 dwellings with associated roads and public open space - revised layout of part of phase 4 of the Derwenthorpe development (resubmission) [Osbaldwick and Derwent Ward] [Site Visit]

Members considered a major full application by the Joseph Rowntree Housing Trust for the erection of 36 dwellings with associated roads and public open space (revised layout of part of phase 4 of the Derwenthope development) (resubmission)

Officers provided an update to Members. They advised that the National Grid had raised no objection as there were no apparatus recorded in the immediate vicinity.

They advised that Councillor Jenny Brooks,Councillor for Osbaldwick and Derwent Ward, had provided a written submission which was circulated to Committee Members. She raised the following points:

1.    A construction traffic management plan must be agreed by CYC and the developers before any construction can start;

2.    TV and speeding cameras must be installed and used for the duration of construction to ensure that JRNT/David Wilson Homes can properly enforce the construction traffic management plan;

3.    Individual householders should be compensated for noise and inconvenience of having construction traffic so close to their homes;

4.    Field 9 should be used for car parking, if used at all, as the amount of parking in other phases has proved inadequate;

5.    Objection by Internal Drainage Board was being ignored – the development should have to meet IDB specifications or be refused.

In respect of the points raised by Councillor Brooks, officers advised that a  condition could be attached to require a construction traffic management plan to be submitted for approval prior to the commencement of development of the revised Phase 4.  Having considered points 2 and 3, officers did not feel that these matters could be imposed on the developer through specific obligations and conditions.  The scheme was a revision to the approved phase 4 and would include a lesser number of houses and, as such, it would not be reasonable to require a higher provision of parking spaces than previously agreed.  The Council’s Flood Risk Management Team, as the Lead Local Flood Authority, has considered the proposal and raised no objection on flood risk grounds.

They advised that Councillor Mark Warters, also a councillor for Osbaldwick and Derwent Ward, had submitted a series of photographs taken at different locations of the site and these were circulated to Members for their information.

Officers advised that a letter had been received from JRHT’s ecology consultant providing further background about the presence of great crested newts at the site and surveys that had been undertaken.  It confirmed that, following a visit on 3^rd June, the pond remained unsuitable for great crested newts and provided a reasoned statement as to why it was considered unlikely that this species would be impacted by the development.  The revised proposals for Phase 4, including the retention of the existing pond, most of Field 9 and a new pond, would benefit biodiversity by providing a suitable habitat for common amphibians. The Council’s Countryside and Ecology Officer had considered the further information and was satisfied that this addressed any concerns regarding the potential presence of great crested newts.

In view of the above information,  ...  view the full minutes text for item 6.

Temporary use of car park for siting of ice rink and funfair [Fulford and Heslington Ward] [Site Visit]

Members considered a full application by Ms Maria Farrugia for the temporary use of the car park for the siting of an ice rink and funfair.

Officers clarified that the ice rink was 30m by 30 m and the cafe was now on the east side of the rink with the office and first aid areas being on the west side.

Officers advised that condition 3 should be amended to allow the opening of the event up to the 15^th January. They also advised that condition 5 should be clarified so that it was clear that it related to the public address system and that condition 9 and 11 should also be clarified. They advised that a further condition covering music was also required.

A series of photographs submitted by Fulford Parish Council, showing car parking on the site on roads, grass verges and close to a mature tree, were circulated to Members of the Committee.

Maria Farrugia, the applicant, addressed the committee in support of the application. She advised that the event organisers had had an open dialogue with all interested parties, informing Members that Highways officers did not have any issues with the proposals and the parking was well managed by the Designer Outlet, with extra staff employed on peak days to manage the car parking. She explained that the event was hidden within the car park which was beautifully landscaped . She advised members that the event had been run since 2010and that they worked closely with the Designer Outlet to ensure it was well managed. 

Karin de Vries addressed the committee on behalf of Fulford Parish Council. She stated that the ice rink and funfair constituted inappropriate development in the green belt and therefore should only be approved if very special circumstances were proved. She did not feel that the considerations put forward by the applicant constituted very special circumstances. She stated that that the out of town location drew people out of the city centre and raised concerns in relation to issues with excessive parking on the site, unprecedented traffic movements, lighting and noise pollution.

Officers advised that their view was that the harm to the green belt was very limited, with only a very small impact on the openness of the greenbelt. Taking into account the considerations which the applicant had put forward (the ice rink being a significant tourist attraction for York, providing employment, providing opportunities for people with disabilities to enjoy a new activity, healthy family entertainment and having sustainable access), which could be considered as very special circumstances, it was felt that these were sufficient to outweigh the potential harm to the green belt. 

Members considered the photographs which had been circulated by the Parish Council which showed parking around mature trees and on grass verges and some members expressed concern about potential damage to both trees and verges. However it was acknowledged that this could happen at other times of the year such as bank holidays when  ...  view the full minutes text for item 7.