Agenda item

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].

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 to the number of dwellings. Officers confirmed that a car parking strategy had been covered in the outline stage of the application.

Following discussions, Councillor Watson moved deferral in order for further work to be undertaken on the cycle route. Councillor D’Agorne seconded. When put to the vote this motion was lost.

Councillor Merrett moved approval with amended conditions as detailed in the Officers update and asked JRHT to take note of Members comments on the cycle route for future reference. Councillor Reid seconded.

RESOLVED:                That the application be approved with the following amended/additional conditions:

Amended condition 7:

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in the following Classes of Schedule 2 Part 1 of that Order shall not be erected or constructed at dwellings referred to on the approved plans as Plots 54-62:

Class A - (The enlargement, improvement or other alteration of a dwellinghouse);

Class B - (The enlargement of a dwellinghouse consisting of an addition or alteration to its roof);

Class C - (Any other alteration to the roof of a dwellinghouse); or, 

Class E - (The provision within the curtilage of the dwellinghouse of:-

(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or,

(b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas).

Reason:  In the interests of the amenities of the adjoining residents and the protection of a mature Oak tree, the Local Planning Authority considers that it should exercise control over any future extensions or alterations which, without this condition, may have been carried out as "permitted development" under the above classes of the Town and Country Planning (General Permitted Development) Order 1995.

INFORMATIVE:

The above condition removes the normal rights to carry out certain alterations and extensions at the properties referred to without planning permission. Please contact the Council if further clarification is required.

Additional Conditions:

Notwithstanding the information contained on the approved plans, the height of the houses on plots 54 to 61 hereby approved shall not exceed 9.95 metres to ridge, as measured from the existing ground level relating to each plots.  Before any works commence on the site, a means of identifying the existing ground levels on the site shall be agreed in writing, and any works required on site to mark those ground levels 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.

Reason: To establish existing ground levels and therefore to avoid confusion in measuring the height of the approved development, and to ensure that the approved development does not have an adverse impact on the character of the surrounding area or amenity of the neighbouring properties on Coniston Drive and Grasmere Drive.

Notwithstanding the approved plans, the dwellings shown on the approved site plan as plots 62-69 shall be resited such that the gable elevation of plot 62 shall be at least 11m from the western site boundary, in accordance with a plan to be submitted to and approved in writing by the Local Planning Authority.  The scheme shall be implemented in accordance with the approved plan.

Reason:  In the interests of protecting the future of the mature Oak tree located in the rear garden of 8 Coniston Drive and its setting.

REASON:                               In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above and in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to layout, design and external appearance.  As such the proposal complies with the National Planning Policy Framework and Policies GP1, GP3, NE1, T2a and T4 of the City of York Development Control Local Plan.