Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were asked to declare, at this point in the meeting, any personal interests, not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests they may have in respect of business on the agenda. None were declared.

It is at this point in the meeting that members of the public who have registered their wish to speak can do so. The deadline for registering is by 5:00pm on Tuesday 24 October 2017. Members of the public can speak on specific planning applications or on other agenda items or matters within the remit of the Committee.

To register, please contact the Democracy Officer for the meeting on the details at the foot of this agenda.

Filming or Recording Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including any registered public speakers who have given their permission. This broadcast can be viewed at http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting e.g. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme on general matters within the remit of the Planning Committee.

This item invites Members to determine the following planning applications:

Members considered a schedule of reports of the Assistant Director, Planning and Public Protection, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views of consultees and officers.

Outline application for the development of the site comprising up to 1,100 residential units, community uses (D1/D2) and new public open space with details of access (to include new access points at Millfield Lane and Boroughbridge Road and a new link road, crossing the Former Manor School Site) and demolition of the Former Manor School buildings. [Acomb Ward] [Site Visit]

The Senior Solicitor (Planning) referred Members to the Introduction to the Report (page 3, item 3a).  She advised that as an appeal for non-determination had been made, the report sought Members approval of the case to be put to the Inquiry to defend the deemed refusal.

The Development Management Officer asked Members to note that in Section 1 of the report there were two occasions where the application was incorrectly referred to as the 2014 application rather than the application 15/00524/OUTM.

The Development Management Officer explained that the reasons for the Council’s case for non-determination were on the grounds that if it were required to determine the application at this time, the application would have to be refused due to the following reasons:

·        The affordable housing provision had been not agreed – this was subject to a viability assessment and the figures to inform the assessment, for example around remediation, land value and construction costs, were yet to be agreed

·        106 Agreement – appropriate terms are not agreed including the claw back provisions required by the developer

·        The amounts in the planning obligation had not been agreed and would be subject to more negotiation. It was noted that the amounts listed in the table at the end of the report were subject to adjustment as these would also need to be brought up to date / index linked since they were first proposed.

Councillor Pavlovic asked officers for an update on the design parameters and principles document submitted in October.  Officers advised that they had now had chance to review the document and considered it did need some alteration.  It was clarified officers were confident issues could be resolved prior to the hearing and consequently members were not being asked to oppose the application on design grounds at this stage.

Members considered the case to be put to the Inquiry to defend the deemed refusal. They expressed support for the reasons put forward.

Following discussion it was:

Resolved:

(i) That the Council’s case for non-determination is on the grounds that if it were required to determine the application at this time, the application would have been refused due to the inadequate provision of necessary infrastructure and other mitigation required as a direct consequence of the development and lack of affordable housing provision.

Lack of Necessary Infrastructure

The need to secure sports, community and education facilities are advocated within section 8 of the NPPF.  There are reasonably up to date local evidence bases which justify the requested facilities to support the proposed residents of the application site and these are agreed in principle by the applicants.  Inadequate provision to deliver these needed facilities, specifically pre-schools, primary school, secondary school funding and off site sports provision, is grounds to refuse the application.

In addition to non-compliance with NPPF policy the lack of provision of such infrastructure conflicts with the following local policy -

Draft 2005 Local Plan policies

-         GP13: Planning Obligations which states that where appropriate the Council will  ...  view the full minutes text for item 3a