Agenda item

Internal and external alterations including basement level extension to rear and 1no. rooflight to rear, lightwell to front with replacement front window at basement level, part lowering of basement floor and insertion of stud wall and new staircase to attic at first floor. [Micklegate Ward]

Members considered an application which sought to gain Listed Building Consent (LBC) for internal and external alterations to a grade II listed building located in York Central Historic Core Conservation Area.  The Development Manager gave a presentation on the application.

Public Participation

Diane Baines, the agent for the applicant, spoke in support of the application.  She highlighted that similar alterations had been made to neighbouring properties. She noted that the National Planning Policy Framework (NPPF) aimed to optimise the viable use of buildings and she also highlighted the areas of public benefit that she believed would result from the plans.  These benefits were replacing the extension, improving means of escape from the building and contributing to the city’s family housing stock.

In response to questions from Members, the agent explained that the public benefit was derived from a more sympathetic extension and by making the building safer in terms of fire safety.

The applicant, Linda Grenyer, also spoke in support.  She described how the current use of the property and how the plans would improve the use and safety of the property.

Following an additional question from a Member, the agent confirmed that the neighbouring properties had been altered in the late 1990’s / early 2000’s.

In response to questions from members, the Development Manager stated that:

·        Section 5.18 of the report referred to the 2004 planning application which proposed similar internal work and slightly different external works to the property. The 2004 planning permission for No. 14 had timed out and could not now be implemented.

·        Neighbouring properties had received the following permissions:

o   No. 12, LBC in 2001

o   No. 13, there were no records

o   No. 15, internal and external alterations in 1998

·        The NPPF had changed the way of assessing applications for alterations to heritage assets, great weight should be given to avoiding harm to the asset against the public benefit.

·        For LBC, the impact on the building should be considered independently of surrounding buildings.  The plans should be considered against the architectural interest of the building itself.

·        Officers had determined that the plans would result in some harm to the listed building and that that the benefits put forward by the applicant were private rather than public benefits.  The property was considered to be at its optimal viable use and ‘public benefits’ needed to significantly benefit the wider public. 

·        The use of the basement room as a bedroom raised a fire safety issue.  It was difficult to justify this decision by the homeowner to use the room as a bedroom, if it was considered harmful to the listed building to address this issue.

Following a debate, Cllr Galvin moved that the committee recommend to the Chief Operating Officer that Listed Building Consent be approved.

The Senior Solicitor reminded members that they needed to consider if there were any levels of harm caused. If there was harm, even minimal, Members should take into account the public benefits and significant weight should be given to the harm caused.  If it was considered that there was no harm to the listed building then the public benefit test would not apply.

Cllr Galvin then clarified his position and confirmed that he believed that there would be no harm to the building, should LBC be granted.  Cllr Daubeney seconded the motion.

A named vote was taken with the following result:

·        Cllrs Craghill, Daubeney, Fisher, Galvin, Orrell, Perrett voted for the motion. 

·        Cllrs Melly, Waudby, Webb and Hollyer voted against the motion. 

The motion was therefore carried and it was

Resolved: That, as the sub-committee identified no harm to the listed building, the Chief Operating Officer be recommended to grant the application for Listed Building Consent and that authority be delegated to the Head of Development Services to set the conditions for the application.

Reason:     That the proposed alterations would not result in harm to the listed building.

[Cllr Crawshaw left the meeting at 17:00 and was absent for item 4a]

[The meeting adjourned between 18:02 and 18:10]