COMMITTEE REPORT


 

Date:

19 October 2022

Ward:

Osbaldwick And Derwent

Team:

East Area

Parish:

Holtby Parish Council

 

Reference:

22/00586/FUL

Application at:

Former Piggeries Rear of Willow Court Main Street Holtby York

For:

Variation of condition 2 of permitted application 17/02982/FUL to amend the internal layout, external appearance and orientation of plot 4

By:

Mr Wayne Gradwell

Application Type:

Full Application

Target Date:

18 October 2022

Recommendation:

Approve subject to a deed of variation to the existing Section 106 Agreement to ensure that the permission is subject to the obligations of the Section 106 Agreement for 17/02982/FUL

 

1.0 PROPOSAL

 

1.1    This application seeks to vary condition 2 (approved plans) of application 17/02982/FUL, which was approved on 14th June 2019, to allow for revised plans showing an amended internal layout and changes to the external appearance and orientation of the dwelling approved at plot 4. The original approval granted consent for 4no. dwellings to be erected on the former piggery site to the rear of Willow Court, off Main Street on the outskirts of the village of Holtby.

 

1.2    This application has been called in by Cllr. Warters for consideration by the planning committee, on the grounds of harm to visual and neighbour amenity.

 

1.3    Property History

 

•        App. ref 11/00585/FUL – Permission granted at Committee for the erection of 4no. dwellings with associated garages and access following demolition of existing farm buildings on 30th September 2014.

 

•        App. ref 17/02982/FUL – Permission granted for the erection of 4no. dwellings with associated garages and access following demolition of existing farm buildings (revised scheme) on 14th Jun 2019. This permission was subject to a Section 106 Agreement. Applications under Section 73 have been approved for changes to plots 1, 2 and 3 (refs. 19/01792/FUL and 20/01494/FUL).

 

2.0 POLICY CONTEXT

 

City of York Publication Draft Local Plan 2018

 

D1 – Placemaking

GB1 – Development in the Green Belt

 

2.1    The Publication Draft Local Plan 2018 for the City of York ('2018 Draft Plan') was submitted for examination on 25 May 2018. Phase 1 of the hearings into the examination of the Local Plan took place in December 2019. Phases 2, 3 and 4 took place between May and September 2022. In accordance with paragraph 48 of the NPPF the Draft Plan policies can be afforded weight according to:

 

•        The stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);

 

•        The extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and

 

•        The degree of conformity of the relevant policies in the emerging plan with policies in the previous NPPF (published March 2012).

 

The evidence base underpinning the 2018 Draft Plan is capable of being a material consideration in the determination of planning applications. This evidence base includes the 2003 Approach to Green Belt Appraisal, Historic Character and Setting Technical Paper (Jan 2011) and update (June 2013) and the Green Belt Topic Paper TP1 Addendum (March 2019), which confirm that the site is within the general extent of York’s Green Belt.

 

Draft Development Control Local Plan 2005

 

GP1 – Design

GB1 – Development within the Green Belt

 

2.2    The Development Control Local Plan (DCLP) was approved for development control purposes in April 2005. For decision making, its policies are material considerations when they are in accordance with the NPPF although it is considered that their weight is very limited.

 

NPPF

 

2.3 The revised National Planning Policy Framework was published on 21 July 2021 (NPPF) and its planning policies are material to the determination of planning applications. It is against the NPPF (as revised) that this proposal should principally be assessed.

 

3.0 CONSULTATIONS

 

Councillor Warters

 

3.1    The application was called in by Cllr. Warters on the following grounds:

•        Visual amenity – the proposed dwelling is not sensitive or in keeping with the site, as was originally proposed/approved.

•        Neighbour amenity – the increased footprint and altered configuration would result in neighbour amenity concerns.

 

Holtby Parish Council

 

3.2    Objected on the following grounds:

•        Materials – the proposed materials are not in keeping with the Holtby Village Design Statement. The design would differ from the approved plans and would be less attractive and non-traditional.

•        Design – the proposed dwelling lacks connectivity with the existing new buildings.

•        The scale of the proposed dwelling would cause harm to the openness of the Green Belt.

•        The proposed dwelling would be more imposing than the approved house at Plot 4, by virtue of its position closer to the 3no. neighbouring dwellings.

4.0 REPRESENTATIONS

 

Publicity and Neighbour Notification

 

4.1    One comment was received from a nearby neighbour, querying the scope of the changes in the context of nearby decisions, in relation to the Village Design Statement, and given that the application is made under Section 73 to vary an existing permission. Issues regarding an increase in the scale of the proposed dwelling in a Green Belt location were also raised.

 

5.0 APPRAISAL

 

KEY ISSUES

 

5.1    Impact on the openness of the Green Belt; impact on visual amenity; impact on neighbour amenity.

 

LEGISLATIVE BACKGROUND

 

5.2    Section 73 of the Town and Country Planning Act 1990 (as amended) allows for development of land that has planning permission without compliance with conditions attached to the previous approval. The provision can be used to make minor-material amendments to approved planning applications where appropriate.

 

POLICY CONTEXT

 

National Planning Policy Framework

 

5.3    The National Planning Policy Framework (NPPF) sets out the Government's overarching planning policies, and a presumption in favour of sustainable development is established in paragraph 11. A footnote to paragraph 11 lists those areas and assets of particular importance where this presumption in favour of sustainable development does not apply, which include land in the Green Belt. Paragraph 130 (NPPF Chapter 12, ‘Achieving Well-Designed Places’) states that planning policies and decisions should ensure that developments will achieve a number of aims, including that they are sympathetic to local character, surrounding built environment and their landscape setting. The NPPF also places great importance on good design. Paragraph 134 says that development that is not well designed should be refused, especially where it fails to reflect local design policies and government guidance on design, taking into account any local design guidance and supplementary planning documents such as design guides and codes.

 

2018 Draft Local Plan

 

5.4    Policy D1 (Placemaking) seeks development proposals to improve poor existing urban and natural environments, enhance York's special qualities, better reveal the historic environment and protect the amenity of neighbouring residents. Development proposals that fail to make a positive contribution to the city or cause damage to the character and quality of an area, or the amenity of neighbours will be refused.

 

5.5    Policy GB1 (Development in the Green Belt) states that permission will be granted where the scale, location and design of development would not detract from the openness of the Green Belt, it would not conflict with the purposes of including land within the Green Belt and it would not prejudice or harm the character or setting.

 

2005 Development Control Local Plan

 

5.6    Policy GP1 states that, with respect to design, development proposals will be expected to (i) respect or enhance the local environment; (ii) be of a density, layout, scale, mass and design that is compatible with neighbouring buildings, spaces and the character of the area, using appropriate building materials; (iii) avoid the loss of open spaces, important gaps within development, vegetation, water features and other features that contribute to the quality of the local environment; (iv) retain, enhance and/or create urban spaces, public views, skyline, landmarks, the rural character and setting of villages and other townscape features which make a significant contribution to the character of the area, and take opportunities to reveal such features to public view; and (v) ensure that residents living nearby are not unduly affected by noise, disturbance, overlooking, overshadowing or dominated by overbearing structures.

 

5.7    Policy GB1 addresses development in the Green Belt, stating that planning permission will only be granted where the scale, location and design do not detract from the open character of the Green Belt AND it is for one of the following purposes, including the limited extension, alteration or replacement of existing dwellings.

 

Holtby Village Design Statement (“VDS”)

 

5.8    The statement was accepted as supplementary planning guidance in 2005 and focuses on the primary characteristics of the village, advising on new development within it. New buildings are expected to constitute limited infilling only and respect the open character of the village’s setting and the entrances to it. The rural appearance of the village should be maintained by the retention of grass verges along roads and the inclusion of generous gardens, hedges and brick walls for front boundary treatments and the adoption of local design features and materials in new buildings, including reddish bricks (reclaimed clamp bricks where possible) and orange clay pantiles or blue/grey slates wherever appropriate. The site falls outside the village envelope as defined in the VDS.

 

ASSESSMENT

 

5.9 The principle of residential development at the site has already been established through the previous planning approval and the proposals, as revised, would have no additional impact on highway safety, biodiversity or contamination, subject to the imposition of previous mitigation measures required through conditions and a Section 106 agreement.

 

Visual amenity and Green Belt Openness

 

5.10  At two storey level, the building would be minimally larger than the plot 4 dwelling approved under 17/02982/FUL, being of a similar height, depth and width, albeit with a single elongated gabled roof rather than the two stepped sections of roofslope that were previously approved. At ground floor level, the proposed dwelling would increase the approved footprint of the building by approximately 50m2, through an enlarged single storey garage offshoot and the introduction of a single storey offshoot incorporating an open plan living and dining space. The structure would continue to be a large, detached dwelling located in a similar location within its curtilage as the dwellings approved under application 17/02982/FUL and 11/00585/FUL, and would not be considered to cause further harm to the openness of the Green Belt.

 

5.11  The proposed dwelling would incorporate reddish bricks, in keeping with the other plots and the prevailing character of Holtby, as set out in the VDS. The roofs of the dwelling would use grey slates which, although different to the red pantiles used elsewhere in the approved development, would remain consistent with the mixed rural vernacular style and traditional residential aesthetic of the previously approved schemes and sympathetic to the terms of the VDS. The material impact of the changes in the design of the dwelling would not be significant from public vantage points due to the distance from publicly adopted highways and the presence of other buildings (including plots 1-3 within the residential scheme) and screening vegetation in between. It would not be considered to result in additional harm to the character and appearance of the site and surrounding area as a whole.

 

5.12  The siting of the proposed dwelling would not be considered to significantly change the impact of the built form of the development, in the context of the village and its rural surroundings. The originally approved development (11/00585/FUL) was designed to appear as a farm house with a clustered group of converted agricultural buildings, with this original design approach lost as part of the later scheme approved under 17/02982/FUL, which read as a new development of four large houses of comparable size and importance, evenly spaced across the site. The siting of the newly proposed dwelling at Plot 4 would retain the spacing which was characteristic of the previously approved scheme and, taking into account the set-back from the public highway, the presence of existing dwellings along Holtby Lane, in front of the proposed development, and the similar scale of the proposed house to that which was previously approved, would be considered to have a similar visual impact.

 

Neighbour amenity

 

5.13  Sufficient separation distances would be retained between plot 4 and other existing properties bordering the site, including the new dwellings at plots 2 and 3 within the development, given the similar position of the proposed dwelling to that which was approved under 17/02982/FUL. The single opening at first floor level within the side (south-facing) elevation of the proposed dwelling would be the only window which would directly face plots 2 and 3, and would be approximately 17 metres from the nearest part of the side boundary, and at least 35 metres from the nearest neighbouring dwelling at plot 3. The closest parts of the proposed dwelling to the boundary would be single storey, with the nearest part of the kitchen/dining offshoot located at least 12 metres from the side boundary and approximately 32 metres from the nearest dwelling at plot 3. The re-positioned proposal would not therefore be considered to have any more significant impact on neighbour amenity to that which was previously approved, and would not be considered to cause harm in terms of outlook, levels of light or privacy at any of the surrounding properties.

 

Drainage

 

5.14  Drainage rates were agreed in principle as part of the previous application. Suitable conditions should be applied in order to ensure continuity with previous approvals at the site and to protect the local aquatic environment, the local watercourse and to maintain access to the watercourse for maintenance and improvements. The change in layout/position of the proposed dwelling would result in an increase in the extent of the internal driveway and potential hard-surfacing on site, with implications for increased surface water run-off. To counter this, it is recommended that a condition requiring the driveway to be permeable should be imposed on any approval.

 

6.0 CONCLUSION

 

6.1    The proposal would not result in further harm to the openness of the Green Belt, character and appearance of the development and surrounding area, or residential amenity for existing and future occupants, and would be considered to comply with National Planning Policy Framework (2021), policies DB1 and GB1 of the City of York Publication Draft Local Plan 2018, policies GP1 and GB1 of the 2005 City of York Draft Local Plan, and the contents of the Holtby Village Design Statement. The proposal would have no impact on the consideration of highway safety, biodiversity, or contamination, which can be mitigated by the imposition of conditions or through a Section 106 Agreement, and the proposed amendments to the previous approval are not considered to be fundamental or substantial. Approval is therefore recommended, subject to the imposition of those conditions from the previous approval 17/02982/FUL that this Section 73 application does not seek to vary, updated to take account of the details approved under AOD/19/00340 and to include a condition to cover surfacing materials for the proposed driveway. As the previous application was subject to a Section 106 Agreement, securing Affordable Housing and Sports contributions, a deed of variation is required to take account of this Section 73 application.

 

 

7.0  RECOMMENDATION:    Approve subject to a deed of variation to the existing Section 106 Agreement  to ensure that the permission is subject to the obligations of the Section 106 Agreement for 17/02982/FUL

 

 1      TIME2       Development start within three years

 

 2      The development hereby permitted shall be carried out in accordance with the following plans:-

 

Drawing No. 1249.05 (Dated 10th February 2022) - Plot 4 - Proposed Site Layout

Drawing No. 1249.10 (Dated 16th March 2022) - Plot 4 - Proposed Plans & Elevations

 

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

 

 3      Site and vegetation clearance or activity likely to cause harm to great crested newts shall not in any circumstances commence unless the local planning authority has been provided with either:

 

a) a licence issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead; or

b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.

 

Reason: To ensure that a European Protected Species is not harmed through development activities. It is necessary to require this information prior to commencement of any site works as such works may result in irreversible harm.

 

 4      All ecological measures and/or works shall be carried out in accordance with the details contained in the Nature Reserve Construction, Management and Maintenance Plan by RDF Ecology and dated February 2018 and Holtby Ecology Enhancements (Bats) by Wold Ecology Ltd dated June 2017 as already submitted with the planning application 17/02982/FUL and agreed in principle with the local planning authority prior to determination. Any revision to these details must be agreed in writing with the Local Planning Authority.

 

Reason: To ensure the protection and maintenance of favourable conservation status of great crested newts.

 

 5      If the development hereby approved does not commence (or, having commenced, is suspended for more than 12 months) within 2 years from the date of the planning consent and is outside of the time limit of European Protected Species Licence 2017-28930-EPS-MIT-1, the approved ecological measures secured through condition 2 shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to i) establish if there have been any changes in the presence and/or abundance of great crested newts and ii) identify any likely new ecological impacts that might arise from any changes.

 

Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of development.

 

Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.

 

Reason: To take account of changes in the distribution or abundance of mobile protected species on site.

 

 6      The site shall be developed with separate systems of drainage for foul and surface water on and off site.

 

Reason: In the interests of satisfactory and sustainable drainage.

 

 7      The development shall be carried out in full accordance with the drainage details submitted by CoDa Structures and approved under AOD/19/00340 dated 20.8.2020. These details include:

 

- Drainage Layout drawing 7693/001 Rev.G

- Email from Jon Lawrence dated 17/8/2020 11:16.

 

The dwelling shall not be occupied until the approved drainage works have been provided on site.

 

NOTE: For the avoidance of any doubt, the discharge rate for all 4 plots shall not exceed 2.4 litres per second.

 

Reason: To ensure proper and sustainable drainage of the site.

 

 8      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.

 

 9      The development shall be carried out in full accordance with the site investigation and remediation details submitted by CoDa Structures and approved under AOD/19/00340 dated 20.8.2020. These details include:

 

- Phase 2 Engineering and Environmental Assessment Rev.E dated 3.4.2020;

- Drawing no. 7693/001 Rev.C 'Remediation Layout' dated 12.3.2020;

- Remediation Statement Rev.A dated 18.8.19.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

10     Prior to the occupation of the dwellings, the approved remediation scheme as agreed under condition 9 must be carried out in accordance with its terms and a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems.

 

11     In the event that unexpected contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

12     Prior to occupation, the garage space related to Plot 1 shall incorporate a suitably rated electrical socket to allow 'Mode 2' charging of an electric vehicle using a standard 13A 3 pin socket and a 3m length cable.

 

Reason: To provide facilities for charging electric vehicles in line with the NPPF and CYC's Low Emission Strategy.

 

Notes:

- Optionally, a suitable 'IEC 62196' electrical socket (minimum rated output of 3.7kw /16A) can be provided in addition to the standard 13A 3 pin socket to allow 'Mode 3' charging of an electric vehicle. Mode 3 charging, using a suitable cable and charging point, allows faster charging of electric vehicles. Further advice can be provided by City of York Council's Public Protection team on request.

- All electrical circuits/installations shall comply with the electrical requirements of BS7671:2008 as well as conform to the IET code of practice on Electrical Vehicle Charging Equipment installation (2015).

 

13     Except in case of emergency no demolition and construction works or ancillary operations, including deliveries to and dispatch from the site which are audible beyond the boundary of the site shall take place on site other than between the hours of 08:00-18:00 Monday to Friday and between 09:00-13:00 on Saturdays. The Local Planning Authority shall be notified at the earliest opportunity of the occurrence of any such emergency and a schedule of essential work shall be provided.

 

Reason: To protect the amenity of local residents.

 

14     Prior to the development coming into use, all areas used by vehicles shall be surfaced, sealed and positively drained within the site, in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority.

 

Reason: To prevent the egress of water and loose material onto the public highway.

 

15     The development shall be carried out in full accordance with the details of the highway junctions between the internal access road and the highway shown on drawing no. ENG-423-001 SK2D 'Verge Crossing Plans' dated 11.5.20, approved under AOD/19/00340 dated 20.8.2020. The dwellings shall not be occupied until the junctions have been constructed in accordance with the approved details.

 

Reason: In the interests of road safety.

 

16     The dwelling shall not be occupied until the areas shown on the approved plans for parking and manoeuvring of vehicles (and cycles, if shown) have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.

 

Reason: In the interests of highway safety.

 

17     No part of the site shall come into use until the turning areas have been provided in accordance with the approved plans. Thereafter the turning areas shall be retained free of all obstructions and used solely for the intended purpose.

 

Reason: To enable vehicles to enter and leave the site in a forward gear thereby ensuring the safe and free passage of traffic on the public highway.

 

18     The development shall not be occupied until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme which shall illustrate the number, species, height and position of trees and shrubs. This scheme shall be implemented within a period of six months of the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

 

Reason: So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site in the interests of the character and appearance of the area.

 

19     Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development above foundation level.  The development shall be carried out using the approved materials.

 

Note: Because of limited storage space at our offices it would be appreciated if sample materials could be made available for inspection at the site. Please make it clear in your approval of details application when the materials will be available for inspection and where they are located.

 

Reason:  In the interests of visual amenity.

 

20     Large scale details of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

 

- windows and doors, including method of opening and extent of recess (typical details where fenestration is the same);

- eaves details and guttering (which shall be on rise and fall brackets);

 

Reason:  So that the Local Planning Authority may be satisfied with these details.

 

21     Details of all means of enclosure to the site boundaries shall be submitted to and approved in writing by the Local Planning Authority before the construction of the development commences above foundation level and shall be provided in accordance with the approved details before the development is occupied.

 

Reason: In the interests of the visual amenities of the area and the amenities of neighbouring properties.

 

22     Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order), development of the type described in Classes A (Extensions), B (Roof additions) and E (Outbuildings) of Schedule 2 Part 1 of that Order shall not be erected or constructed.

 

Reason: In the interests of preserving the openness of the York Green Belt and the purposes of including land within it, 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 2015.

 

23     The internal private driveway for Plot 4 shall be constructed using permeable materials, details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the driveway being constructed. The driveway shall be provided using the approved materials prior to occupation of the dwelling.

 

Reason: In the interests of managing flood risk by ensuring that surface water discharge from the original application site covering the 4 plots is restricted to the agreed rate of 2.4 litres per second.

 

 

8.0  INFORMATIVES:

Notes to Applicant

 

 1. STATEMENT OF THE COUNCIL`S POSITIVE AND PROACTIVE APPROACH

 

In considering the application, The Local Planning Authority has implemented the requirements set out within the National Planning Policy Framework (paragraph 38) and having taken account of all relevant national guidance and local policies, considers the proposal to be satisfactory. For this reason, no amendments were sought during the processing of the application, and it was not necessary to work with the applicant/agent in order to achieve a positive outcome.

 

 2. INFORMATIVE:

i) The public sewer network does not have capacity to accept an unrestricted discharge of surface water. Surface water discharge to the existing public sewer network must only be as a last resort, the developer is required to eliminate other means of surface water disposal.

 

ii) No buildings or structures (including gates, walls, fences and trees) should be constructed within the strip of land 3 metres wide adjacent to the top of the bank of the adjacent watercourse on site. This 3m wide strip of land should be kept clear at all times. Any proposals to culvert, bridge, fill in or make a new connection/discharge to the watercourse will also require the Foss (2008) Internal Drainage Board's prior consent.

 

 3. INFORMATIVE:

The developer's attention is drawn to the various requirements for the control of noise on construction sites laid down in the Control of Pollution Act 1974.  In order to ensure that residents are not adversely affected by air pollution and  noise, the following guidance should be adhered to, failure to do so could result in formal action being taken under the Control of Pollution Act 1974:

 

(a) All demolition and construction works and ancillary operations, including deliveries to and despatch from the site shall be confined to the following hours:

 

 Monday to Friday   08.00 to 18.00

 Saturday    09.00 to 13.00

 Not at all on Sundays and Bank Holidays.

 

(b)The work shall be carried out in such a manner so as to comply with the general recommendations of British Standards BS 5228: Part 1: 1997, a code of practice for "Noise and Vibration Control on Construction and Open Sites" and in particular Section 10 of Part 1 of the  code entitled "Control of noise and vibration".

 

(c) All plant and machinery to be operated, sited and maintained in order to minimise disturbance.  All items of machinery powered by internal   combustion engines must be properly silenced and/or fitted with effective and well-maintained mufflers in accordance with manufacturers  instructions.

 

(d) The best practicable means, as defined by Section 72 of the Control of Pollution Act 1974, shall be employed at all times, in order to minimise noise emissions.

 

(e) All reasonable measures shall be employed in order to control and minimise dust emissions, including sheeting of vehicles and use of water for dust suppression.

 

(f) There shall be no bonfires on the site

 

 4. INFORMATIVE:

You are advised that prior to starting on site consent will be required from the Highway Authority for the works being proposed, under the Highways Act 1980 (unless alternatively specified under the legislation or Regulations listed below).  For further information please contact the officer named:

 

Works in the highway - Section 171 - Vehicle Crossing - Section 184 - (01904) 551550 - streetworks@york.gov.uk

 

 5. INFORMATIVE:

You are advised that this proposal may have an affect on Statutory Undertakers equipment. You must contact all the utilities to ascertain the location of the equipment and any requirements they might have prior to works commencing.

 

 6. LEGAL AGREEMENT

Your attention is drawn to the existence of a legal obligation under Section 106 of the Town and Country Planning Act 1990 relating to this development

 

Contact details:

Case Officer:     Sam Baker

Tel No:                01904 551718