Agenda and minutes

At this point in the meeting, Members are asked to declare any disclosable pecuniary interest or other registerable interest they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests.

Members were asked to declare at this point in the meeting any

disclosable pecuniary interests or other registrable interests that

they might have in the business on the agenda if they had not

already done so in advance on the Register of Interests.

Councillors Orrell and Fisher declared a personal, non-prejudicial interest relating to item 4a, Central Library Gardens, Museum Street, York, as they knew one of the public speakers, Barry Ferguson.  The personal, non prejudicial interest was subsequently withdrawn at the start of item 4a, as the speaker had left the meeting.

Cllr D’Agorne declared a personal, non-prejudicial interest for item 4b, Clifton Without County Junior School, Rawcliffe Drive, York, as he knew one of the registered speakers, Andy Dearden, personally.  He also declared, for reasons of transparency, that his partner was the Executive Member for Housing and Safer Neighbourhoods.

To approve and sign the minutes of the last Planning Committee B meeting held on 01 September 2022.

The Chair noted the record of apologies from Cllr Daubeney and the attendance of his substitute, Cllr Fenton, had been omitted from the minutes of the last meeting, held on 1 September 2022.

Resolved:  Subject to the amendment identified above, the minutes of the last meeting held on 01 September 2022 were approved as a correct record.

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.

Please note that our registration deadlines are set as 2 working days before the meeting, in order to facilitate the management of public participation at our meetings.  The deadline for registering at this meeting is 5:00pm on Thursday, 13 October 2022.  Please also note due to the availability of resources, we are unable to accommodate remote speakers at this meeting.

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form.  If you have any questions about the registration form or the meeting, please contact Democratic Services.  Contact details can be found at the foot of this agenda.

Webcasting of Public Meetings

Please note that, subject to available resources, this meeting will be webcast including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at www.york.gov.uk/webcasts.

During coronavirus, we made some changes to how we ran council meetings, including facilitating remote participation by public speakers. See our updates (www.york.gov.uk/COVIDDemocracy) for more information on meetings and decisions.

It was reported that there had been one registration to speak at the meeting under the Council’s Public Participation Scheme, in relation to Agenda Item 4d, 36 Farndale Avenue, York, YO10 3NH.

Cllr Warters, Ward Member for Osbaldwick and Derwent Ward, objected to the application due to concerns regarding a lack of parking provision.  He urged the committee to decide to defer consideration of the application, to allow for Highway Development Control comments to be received.  He also raised concerns regarding condition 4 and stated that it was not possible to ensure that the bin and bike storage would be used by the tenants.

This item invites Members to determine the following planning applications:

Members considered a schedule of reports of the Development Manager, relating to the following planning applications, outlining the proposals and relevant policy considerations, and setting out the views of consultees and officers.

Change of use of land to form a 12-hole mini-golf course for a period of 7 years. [Guildhall Ward]

Members considered a full application for change of use of land at Central Library Gardens, Museum Street, York, to form a 12-hole mini-golf course for a period of 7 years.

The Development Manger gave a presentation on the application and the Development Officer provided an update that outlined an additional representation from York Civic Trust which maintained their objection.

Public Speakers

Alison Cammiss, CYC officer, spoke in a private capacity in favour of the application.  She explained how the applicant’s volunteer work linked with the social aims of the project.

Susan Brook, Chief Finance Officer, Explore York, spoke in favour of the application.  She informed Members that the expected benefits of the venture would increase revenue and visitor numbers to Explore and would meet the wider aims for visitors to explore, learn and understand.  In response to questions from Members she stated that the resurfaced path would remain at the end of the tenancy, and they had projected a 20-30,000 increase in visitor numbers annually.  She also confirmed that other events took place in the space.

David Finch and Helen Burkitt, spoke in favour of the application as the applicants.  They highlighted their aim to manage the space positively and to broaden the appeal to a wider audience.  They detailed the design of the site and emphasised that it would be fully accessible. 

In response to Members questions, they explained that the application was for 7 years which included a 12-month leeway for set up and to reinstate the site at the end of the lease.  They also clarified the build materials and business hours which would be used.

Officers also explained that the permanent nature of the build meant that it could not be considered a temporary application.  Any required lighting fixtures were manageable through conditions.

Following debate, Cllr Daubeney moved the officer recommendation to refuse the application.  This was seconded by Cllr Orrell.  A vote was taken and with seven votes in favour and one against it was;

Resolved:            That the application be refused.

Reason:              The proposal for a mini-golf course on Library Lawn in the city centre was not supported. There is moderate level of harm within the less than substantial category to the setting of designated heritage assets of the highest significance individually and for their group value in Mint Yard, with monuments spanning York’s 2000-year history. This harm is caused by the removal of the neutral green foil of the lawn and replacement with a busy mini-golf course constructed of artificial materials, including miniature buildings and structures from coloured concrete, with rubber mulch, resin flexi-pave and imprinted concrete surfacing. The statutory duty in Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is a matter of considerable importance and weight. The proposal would be harmful to the significance of the Conservation Area and neither its character nor appearance would be preserved or enhanced and would have an adverse effect on the significance of designated heritage assets. These harms would be  ...  view the full minutes text for item 27.

Part demolition of former school buildings and erection of two storey block and single storey extension for new library and associated uses, external works including car park, terrace, play areas and pedestrian and cycle access to adjacent school. Outline proposals for residential development. [Rawcliffe and Clifton Without]

Members considered a Major Outline Application at Clifton Without County Junior School, Rawcliffe Drive, York, for the part demolition of former school buildings and erection of two storey block and single storey extension for new library and associated uses, external works including car park, terrace, play areas and pedestrian and cycle access to adjacent school. Outline proposals for a residential development were also included within the application.

Cllr Crawshaw asked to formally record that he believed that Cllr D’Agorne, the Executive Member for Transport, should not take part in the decision-making process for the item. He felt this as Cllr D’Agorne’s partner was the Executive Member for Housing and Safer Neighbourhoods, and the application had been submitted by CYC.  In addition, council policy was to expand Explore libraries. This was noted by the Chair and entered into the minutes as a formal comment.

The Development Manager gave a presentation on the application and the Development Officer provided a further update to the report that covered the following amendments and new conditions:

Amended conditions

Delegated Authority to officers to amend Conditions 5, 16 – 19, 25, 26 to clarify the trigger points for the condition.

Condition 6 should be amended to read “prior to the commencement of the library phase of the development” with the reference to replacement of planting for a period of ten years from substantial completion of development deleted.

Condition 7 should be amended to read “All trees identified within the application site identified in the Rosetta Landscape Design Tree Survey Dated March 2022 as being Category A or Category B except the Japanese Cherry (Kanzan specimens) shall be retained as part and parcel of the finished layout.

Condition 12 should be amended to read “A strategy for Electric Vehicles (EVs) covering the site as a whole…..”

Condition 24 should be amended to read “parallel crossing for cycles and pedestrians….”

Condition 23 references to Rawcliffe Drive should be amended to read Rawcliffe Lane.

Condition 28 should be amended to read: “The development shall not begin until details of foul and surface water drainage works have been submitted to and approved in writing by the Local Planning Authority and carried out in accordance with these approved details.

Details shall include –

- Surface water discharge from the whole site via storage with a restricted discharge of 29 (twenty nine) litres per second. This includes 24 (twenty four) litres per second from the new library and 5 (five) litres per second from the new housing site…

- Evidence of existing positive drainage to public sewer, the points of connection and proposed outfall. “

New Conditions:

31     The library element of the development hereby authorised shall be begun by not later than the expiration of three years from the date of this permission.

Reason:  To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

32     Prior to the commencement of  ...  view the full minutes text for item 28.

Erection of two and three storey 34no. room student accommodation building following demolition of existing buildings at 75-79 Clarence Street (revised scheme) Clarence Street York Limited. [Guildhall Ward]

Members considered a major full application for the erection of two and three story 34 room student accommodation building following demolition of existing buildings at 75-79 Clarence Street, York. 

The Development Manager gave a presentation on the application and the Development Officer outlined two additional conditions, firstly for the windows on north-eastern elevation that served a corridor to be of obscured glass, the second specified the boundary treatments on the northwest and south eastern boundaries.

The architect, Nick Watson, and his colleagues explained the layout of the studios and apartments. A representative from the University of York, who was in attendance, also explained the management of the site once operational.  They confirmed that the Construction Management Plan (CMP) would be handled by the contractor, who was yet to be appointed.

Officers responded to further questions from Members and confirmed existing conditions would limit hours of operation and noise.  An additional condition could be added to include an Highway Method of Works (HMW) which would cover the direction of deliveries.

Following debate, Cllr Orrell proposed the officer recommendation to approve the application subject to the section 106 agreement, the further two conditions contained within the update and an additional condition to include an HMW.

This was seconded by Cllr Daubeney.  On being put to a vote, with Members voting unanimously in favour, it was;

Resolved:            That the application be approved subject to the section 106 agreement, the additional conditions contained within the update and an Highway method of works including direction of deliveries from Clarence Street.

Reason:              The presumption in favour of sustainable development in paragraph 11d of the NPPF applies to this application. This means permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole. 6.2 There would be no significant adverse effect, in terms of the loss of the current use of the site, that would outweigh the benefits of the proposed use. Historic houses would be demolished but as they are outside of a conservation area and do not merit consideration as non-designated heritage assets. Their loss would not be a justifiable reason for refusal on heritage grounds. The scheme allows a more efficient use of the site and would meet current environmental standards. It is therefore consistent with the environmental objectives of the NPPF. The design of the replacement building has been amended to reflect design advice, its massing, scale, and articulation now considered to be generally respectful of both the Clarence Street and Page 110 Application Reference Number: 22/00599/FULM Item No: Page 19 of 32 Union Terrace context. There is no identified harm to the Central Historic Core Conservation Area, which is adjacent the site. 6.3 The scheme has been designed to the extent that there would be no undue effect on neighbours’ amenity and provides adequate amenities for its future occupants. Technical matters can be addressed, to achieve policy compliance, through conditions in respect  ...  view the full minutes text for item 29.

Two storey side and single storey rear extensions, dormer to rear, bin and bicycle storage structure to side. Demolition of garage. [Osbaldwick and Derwent Ward]

Members considered a full application for a two-storey side and single storey rear extensions, dormer to rear, bin and bicycle storage structure to side including demolition of garage at 36 Farndale Avenue, York.

The Development Manager gave a presentation on the application and provided an update to the report which amended condition 4 to add “Waste and recycling shall not be stored otherwise than within the approved bin store”.  He also highlighted the recent planning appeal decision for Deramore Drive, York, which ruled that car parking spaces should be large enough to ensure independent use.

In response to Members questions it was confirmed that:

·        There was a preference for 3 parking spaces. 

·        There was no requirement to apply for change of use permission unless the lounge became an additional bedroom.

·        The property was listed on the HMO database.

Following debate, Cllr Melly moved the Officer recommendation to approve the application.  This was seconded by Cllr D’Agorne. On being put to the vote, with four Members in favour and three against, it was;

Resolved:            That the application be approved.

Reason:              Having assessed the proposed development, all material considerations and all representations received, the proposed extensions to the dwelling are deemed to represent an appropriate form of development that will not result in significant harm to the amenity of nearby residents and that includes an acceptable design.