Agenda and minutes

At this point in the meeting, Members and co-opted 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. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

[Please see the attached sheet for further guidance for Members.]

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.

In relation to item 4a, 12 Sturdee Grove, YO31 8FD, Cllr Warters declared that, as he had objected to the previous application made  for this site, and given his previous dealings with the applicant (Joseph Rowntree Housing Trust) in relation to his Ward, he could be considered pre-determined.  He therefore chose to speak on the item, as a public speaker, and subsequently withdrew from the meeting for the duration of the item.  In relation to the same item, the Chair noted, for transparency reasons, that he had worked as an officer for the City of York Council in the housing development team. He had been involved in the initial consultation process with the applicant however, he did not consider this to be a conflicting interest.

To approve and sign the minutes of the last Planning Committee B meeting held on 18 July 2023.

Resolved:             That the minutes of the last meeting held on 18 July 2023 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.

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Webcasting of Public Meetings

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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 no registrations to speak at the meeting under the Council’s Public Participation Scheme.

This item invites Members to determine the following planning applications:

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

Members will consider a major full application by the Joseph Rowntree Housing Trust for the erection of two storey apartment building containing 10no. units, including associated landscaping, vehicle access with parking, following demolition of existing bungalow [Heworth Ward]

The committee considered a major full application by the Joseph Rowntree Housing Trust (JRHT) at 12 Sturdee Grove, York, YO31 8FD,  for the erection of two storey apartment building containing 10 no. units, landscaping, vehicle access with parking. 

The Head of Planning and Development Services gave a presentation on the plans and the Development Management Officer explained the additional written information provided at the meeting.  This included the amended wording for recommendation (i) as follows:

The completion of an agreement made pursuant to section 111 of the Local Government Act 1972 between the Council and the developer, providing that the developer will immediately upon completion of the land transfer (or any part thereof) enter into a Section 106 Agreement(s) that covers the whole of the application land (or the land to be transferred) with the Council as local planning authority containing the planning obligations set out below:

·       A contribution of £6,000 towards a Traffic Regulation Order.  Unspent funds would be re-funded. 

·       A contribution of £2,130 towards the improvement of sports and leisure provision within 2km of the development. 

·       A contribution of £1,510 towards improved seating provision at King George’s Field.

·       Payment of the Local Planning Authority’s fees associated with the preparation of the legal agreement).

There was also a change to recommended condition 4 (Boundaries), as follows:

To allow the Local Planning Authority to ensure that access gates leading to the garden area meet the needs of people pushing cycles or using mobility scooters the condition below has been changed to make reference also to details of the gates.

Notwithstanding the details shown on the approved drawings details of means of enclosure, including access gates shall be submitted to and approved in writing by the Local Planning Authority before the installation of such means of enclosure and access gates and they 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, the amenities of neighbouring properties and convenience of users of cycles/mobility scooters.

In response to questions from Members on the plans, it was reported that:

·       Sustainable design was achievable through current building regulations. It was not possible to comment on the impact of future legislation.

·       The location of the crossing had not been finalised.

·       Car parking was estimated at XX

·       The intention for the building and therefore the design for the accommodation was for disabled and/or elderly residents.

Public Speakers

Lynn Jones, a resident, spoke in objection to the application.  She raised concerns regarding the access to parking and the overdevelopment of the space.

Elizabeth Griffiths, a resident, spoke in objection to the application.  She highlighted concerns regarding the impact on wildlife as well as the disruption to residents and loss of car parking during the build.

Cllr Warters spoke in objection to the application.  He outlined his concerns relating to the overdevelopment of the site, loss of green space and biodiversity as well as the loss of car parking for existing  ...  view the full minutes text for item 22a

Members will consider an outline application by Jim Pigott, for the demolition of existing structures and erection of 6no. dwellings with associated access, car parking and landscaping (with all matters reserved except for access, layout and scale) [Strensall Ward]

Members considered an outline application at Pigotts Autoparts, Strensall, York, YO32 5XH for the demolition of existing structures and erection of 6no. dwellings with associated access, car parking and landscaping.

The Head of Planning and Development Services gave a presentation on the plans and the Development Management officer outlined the additional written information provided at the meeting.  This included an amendment to Reason for Refusal 3 as follows:

No information has been submitted to demonstrate that the proposal would comply with the requirements of Policy EC2 (Loss of Employment Land) of the draft Local Plan (2018). On the basis of the lack of information, Officers are unable to assess whether the proposed development complies with these policies and Paragraph 81 of the NPPF.

Public Speaker

Jim Pigott, the applicant and Tim Ross, the agent for the applicant, spoke in support of the application.  They provided some context for the plans and requested a deferral in order to undertake an ecological survey.  They highlighted the site’s proximity to shops, which they stated was a 15 minute walk, and the potential for multi-modal transport options.

In response to questions from Members, the agent for the applicant confirmed their willingness to undertake an ecological survey should the item be deferred.

Further to questions from Members, officers reported that, in accordance with paragraph 149 (g) of the National Planning Policy Framework (NPPF), the redevelopment of the previously developed land would not have a greater impact on the openness of the Green Belt that the existing development.  It was therefore considered to be appropriate development within the Green Belt.

Following debate, the Chair proposed the officer recommendation to refuse the application for the reasons contained within report and in line with the update referred to above, subject to the amendment of the wording from ‘these policies’ to ‘the policy’.  This was seconded by Cllr Hollyer.  A vote was taken and Members voted, 7 in favour, 1 against and 1 abstention, it was therefore:

Resolved:             That the application be refused.

Reason:                The presumption in favour of sustainable development set out at paragraph 11 of the NPPF does not apply when the application of policies relating to Green Belt and habitats sites (180) indicate that permission should be refused.

The application site is located within the general extent of the York Green Belt and serves a number Green Belt purposes. The proposal is not considered to further impact on the openness of the Green Belt and proposed development is considered to fall within exceptions149 (g) of the NPPF.

Insufficient information has been submitted with the application for the LPA, as the Competent Authority, to undertake a Habitats Regulations screening Assessment and Appropriate Assessment. On the basis of the lack of information, Officers are unable to assess whether there are any adverse effects on the integrity of the SAC, either alone or in combination with other plans or projects, or if any necessary mitigation measures may be required.

The proposed development is in  ...  view the full minutes text for item 22b

Members will consider a full application by Alastair Gill for the change of use of 3no. existing agricultural buildings to use classes B2, B8 and E(g) to include; lighting, amendments to external materials and fenestration and additional hard standing to create new service yards, parking and access. Extension of Cropton Road to provide access to development from Northminster Business Park [Rural West York Ward]

Members considered a full application by Mr Alastair Gill at land to the north west of Moor Lane, Upper Poppleton, York, for the change of use of 3no. existing agricultural buildings to use classes B2, B8 and E(g) to include; lighting, amendments to external materials and fenestration and additional hard standing to create new service yards, parking and access. Extension of Cropton Road to provide access to development from Northminster Business Park.

The Head of Planning and Development Services gave a presentation on the application and the Development Management Officer outlined the additional written information presented at the meeting.  In response to additional comments received prior to the meeting, the travel plan condition (14) was re-worded as follows:

14. Each of the units hereby approved shall be subject to a Travel Plan.

The Travel Plan(s) shall be developed and implemented in accordance with National Planning Policy Guidance and shall be submitted to and approved in writing by the Local Planning Authority prior to occupation of each of the units hereby approved. 

The Travel Plan(s) shall be updated annually following occupation and the development shall operate in accordance with the aims, measures and outcomes of the approved Travel Plan(s).  

The travel plan shall identify specific required outcomes, targets and measures for promoting sustainable modes of travel, and shall set out clear future monitoring and proportionate management arrangements. It shall also consider what additional measures may be required to offset unacceptable impacts if the targets are not met.

The annual travel surveys shall be made available to the Local Planning Authority within 5 working days of any such request. Should the targets within the plan not be achieved, following annual review, details of further actions (to achieve such targets) shall be submitted to, and approved by the Local Planning Authority and implemented accordingly.

Reason: To reduce private car travel and promote sustainable travel in accordance with section 9 of the National Planning Policy Framework and policies DP3: Sustainable Communities and T7: Minimising and Accommodating Generated Trips of the 2018 Publication Draft Local Plan.

In response to questions from Members concerning the plans, officers confirmed the location of the site in relation to the community woodland. They reported that the public protection consultant had no objections to the plans but had been concerned about potential noise from the site, a number of conditions had been recommended and had been included in the report. It was confirmed that the Biodiversity net gain condition was missing from the report and would be added retrospectively.

Public Speaker

Kathryn Jukes, the agent for the application, spoke in support of the application.  She highlighted the economic benefits, including employment opportunities, of the proposed development and the potential reduction in traffic from Moor Lane.  She confirmed the aspects of the design, such as EV charging points and bike stores, that would contribute to both the city’s sustainable transport and climate change objectives.

Cllr Hook, Ward Councillor for Rural West York, spoke in objection to the application.  She raised concerns  ...  view the full minutes text for item 22c