Agenda item

45 dwellings and 13 no. apartments with associated landscaping after demolition of existing dwellings. [Fishergate Ward] [Site Visit]

Members considered a major full application, submitted by Ms Marie Lodge, for the erection of 45 dwellings and 13 no. apartments with associated landscaping after the demolition of existing dwellings.

 

Officers circulated an update at the meeting, which detailed the following points:

• The applicants for the scheme were Tees Valley Housing, York Housing Association and Southdale Homes.
• An amended plan had been received which showed all the allocated parking bays had been removed from the area to be adopted as a public highway. The plan also confirmed that the turning head would accommodate an 11m dustbin lorry.
• Revised comments from the Landscape Architect stating that the development was still too close to existing trees.
• The Environment Agency were now satisfied that the application could be approved subject to the addition of a number of conditions, which were detailed.
• Confirmation from the Sustainability Officer that from a sustainability point of view the scheme was welcomed.
• Additional conditions were proposed to ensure the satisfactory detailing of the scheme. These conditions were listed and covered heights of building and ground levels, details of hard surfacing and storage sheds proposed in the rear gardens and a condition related to designing out crime.
• An additional letter of objection had been received as a result of the amended plan. Points raised related to disruption and impact of the development on residents, insufficient parking for existing residents and their guests and changes to Barbican Mews it was felt would detract from the objector’s property.
• Clarification in relation to paragraph 4.34 of the report, pointing out that the 5 discount for sale (DFS) properties which would be provided as either affordable rented properties, affordable rented properties staircasing into DFS or as DFS. The conclusion to the report would require amending to reflect these possibilities for the provision of these properties.
• Minor alterations to the wording of Condition 13.
• Highways Informative No. 9 amend figure of ‘£1920’ to ‘£9280’ toward creation/promotion of car club facilities.
• Drawing numbers were required in Condition 2 following the Committee meeting.

 

Representations in objection to the scheme were received from a local resident. She felt that the development would have no positive affects on the area.  The development would be dominant and too large for the site as it doubled the density, it did not reflect its surroundings and that the apartments would attract young people, families and students. She also felt that there was inadequate parking provision which would have a knock on affect on surrounding streets. She felt that the discus bungalows should have been replaced with new bungalows at a higher density.

 

Representations in support of the scheme were received from the applicant. He referred to the lengthy negotiations and consultations that had been undertaken with Officers and residents, which had led to the design and mix of properties now proposed to replace the existing bungalows on all three sites. He confirmed that the new properties would achieve Level 3 of the Code for Sustainable homes and would meet Secure by Design standards. He pointed out that the bungalows proposed at Richmond Street would be sited so as to provide a community feel whereas St Ann’s Court would be dedicated to the elderly community with a high level of support for residents available. He confirmed that a new bungalow was to be provided for every discus bungalow tenant that had requested one.  

 

Representations were also received from a representative of the Discus Bungalow Residents Association. He stated that he had been a member of the Association for three years and that during the lengthy consultations and discussions on these schemes a number of the residents had either moved, gone into care or died. He expressed his appreciation to Members and Officers for their involvement of the residents in all the major decisions relating to these schemes. He confirmed that the residents supported the schemes for all three sites, which would provide affordable housing and a care facility for York residents.

 

The Local Member spoke as a member of the Discus Housing Development Board. He confirmed that the proposals would maintain the community feel of the existing development and would provide a model for future developments and community involvement. He felt that the residents would continue to take pride in the area and he made reference to the environmental and sustainable benefits of the proposals.

 

Members questioned the following aspects of the schemes

• Could the sale of these affordable homes to private landlords be prevented or selling their selling on at inflated prices?
• Concern that no dedicated play area was proposed on this site.
• As no on site play space the distance for children to travel to the nearest play area.
• Need for the construction management plan to ensure that development traffic was contained in the site to avoid problems for neighbouring residents.
• Secure by Design condition to cover access and the gating of alleyways if required.
• Requested details of the educational contribution required.
• Confirmed that there would be no restrictions on access to Barbican Mews or to the adjacent cycle path following development.
• Amendment required to Condition 42 relating to the amenity area to remove the words ‘before any dwelling is occupied or within such longer period’ and its replacement with ‘in accordance with a timescale to be agreed’ to prevent any future problems.

 

Officers confirmed that the discount on sale covenant meant that the dwellings would be sold in perpetuity and that Life Long Learning and Leisure had confirmed that they were satisfied that play space on Cemetery Road and at St Nicholas Field were sufficiently close off site amenity provision and that the developer contribution for play space would be spent at these two sites.

 

Members expressed their support for the scheme, which would provide affordable, sustainable homes and high quality accommodation for the residents who had been involved at all stages of the scheme to ensure that it met their needs.

 

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

 

Amended Condition 2

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

 

2769.00.01                                        Regent St site location plan

 

2769.20.01 rev A                               Stepped Terrace  5 no properties

 

2769.20.02 rev B                               4 no property terrace

 

2769.20.02A rev A                             5 and 3 no. terrace straight

 

2769.20.03 rev A                               House Type 3R

 

2769.20.04 rev A                               House Type 3W

 

2769.20.06 rev A                               Mews House

 

2769.A20.01 rev A                            Regent St Apartments

 

2769.RE10.01 rev B                          Regent St Site Plan

 

Key 01                                                Regent St Key Plan

 

001/B                                                  Ground level plans

 

RE10.03                                             Regent Street Tenure

 

or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans.

 

Replacement for Condition 10

Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified:

 

• All previous uses
• Potential contaminants associated with those uses
• A conceptual model of the site indicating sources, pathways and receptors
• Potentially unacceptable risks arising from contamination at the site.

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site

3) The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 
4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

Amended Condition 13

No development shall commence unless and until details of a full  renewable energy strategy shall be submitted to and approved in writing by the local planning authority.  The strategy shall include details of the site's proposed renewable energy generation, which shall be at least 10% of total energy generation for each residential unit. The Development shall be carried out in accordance with the submitted details unless otherwise agreed in writing by the Local Planning Authority.

 

Amended Condition 24

Prior to the commencement of any works on the site, a detailed method of works statement identifying the programming and management of construction works including parking of vehicles within the site shall be submitted to and approved in writing by the LPA. The method of works shall thereafter be carried out in accordance with the agreed scheme unless otherwise agreed in writing by the Local Planning Authority.

 

Amended Condition 31

No development shall take place until details of the proposed means of disposal of foul water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the Local Planning Authority.

 

Replacement for Condition 32

Development shall not begin until a surface water drainage scheme, for surface water into any outfall,for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

The scheme shall include:

• Details of how the scheme shall be maintained and managed after completion
• Confirmation that proposed surface water run off will be reduced by a further 30% on existing rates.
• The design should ensure that storm water resulting from a 1 in 100 year event and surcharging the drainage system can be stored on the site without risk to people or property and without overflowing.

 

Condition 35

Notwithstanding the information contained on the approved plans, the height of each dwelling type and apartment block shall be agreed in writing, as measured from existing ground level. Before any works commence on the site, a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

 

Condition 36

Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

Condition 37

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

 

Condition 38

Prior to development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority.

 

 

Condition 39

Prior to the commencement of the development or within such longer period as may be agreed in writing with the Local Planning Authority (LPA), details of all hard surfacing within the development shall be approved in writing by the LPA and thereafter implemented in accordance with the approved scheme.

 

Condition 40

Prior to the commencement of the development or within such longer period as may be agreed in writing with the Local Planning Authority (LPA), details of the storage sheds shown located in the rear areas of all dwelling types shall be submitted to and approved in writing by the LPA and thereafter implemented in accordance with the approved scheme.

 

Condition 41

Prior to the commencement of the development or within such longer period as may be agreed in writing with the Local Planning Authority (LPA), a statement of crime prevention measures to be incorporated in to the design of the scheme shall be submitted to and agreed in writing by the LPA. Thereafter the scheme shall be implemented to the satisfaction of the LPA before any dwelling is occupied. Crime prevention measures shall accord with the advice set out in Planning Policy Statement 1 (2005) and comply with the aims and objectives of 'secure by design'.

 

Condition 42

Prior to the commencement of the development or within such longer period as may be agreed in writing with the Local Planning Authority (LPA), a scheme for the laying out of the amenity area shall  be submitted to and approved by the LPA. Thereafter the scheme shall be implemented to the satisfaction of the LPA before any dwelling is occupied or within such longer period as may be agreed in writing with the Local Planning Authority.

 

Amended Highways Informative No. 9

The alternative arrangements of the above condition could be satisfied by the completion of a planning obligation made under Section 106 of the Town and Country Planning Act 1990 by those having a legal interest in the application site. The obligation would require a financial contribution £5000 towards revocation of existing Traffic Regulation Orders, £9280 towards creation/promotion of car club facilities, £10,000 towards improvement of bus stop facilities and submission of a travel plan.

 

No development can take place on this site until the improvements to the highways and transportation system have been provided or the Planning Obligation has been completed and you are reminded of the local planning Authority's enforcement powers in this regard. 

 

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 following:-

- Policy Background

- Design and Landscaping

- Highways, transport, access and parking

- drainage

- Sustainability

- Impact on surrounding properties

- Affordable housing, housing mix

- Open space

- Education

 As such the proposal complies with Policies H4a, H2a, H5a, SP3, GP1, GP3, GP4a, GP9, NE1, ED4, L1c of the City of York Local Plan Deposit Draft and government advice within Planning Policy Statement 1 and Planning Policy Statement 3.