Agenda and minutes

The following sites were inspected before the meeting:

At this point, members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Cllr R Watson declared a personal and prejudicial interest in Agenda Item 4(a) Car Park Union Terrace York YO31 7ES 06/02325/FULM, as his firm of solicitors acted for the applicant, and took no part in the site visit, or in the discussion or the decision thereon. This item was chaired by Cllr Reid.   

To approve and sign the minutes of the meeting of the Planning Committee held on 18 December 2006.

RESOLVED:             That the minutes of the meeting held on 18 December 2006 be approved and signed by the Chair as a correct record.

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 5pm the day before the meeting. 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.

It was reported that nobody had registered to speak, under the Council’s Public Participation Scheme, in general issues within the remit of this committee.

This item invites Members to determine the following planning applications:

Members considered reports of the Assistant Director, Planning and Sustainable Development, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views and advice of consultees and officers.

Erection of supported residential accommodation with new pedestrian access, associated parking and landscaping including 1.95m high perimeter fence (Guildhall Ward)

Members considered a major full application, submitted by York Housing Association, for the erection of supported residential accommodation with new pedestrian access, associated parking and landscaping including 1.95m perimeter fence.

This item was chaired by Cllr Reid.

Officers updated that two further letters of objection had been received, and these were distributed to Members for their information. Paragraph 3.3 of the report should read “will provide rooms for 34 people” and not homes as stated. Officers updated that if Members were minded to approve the application they were suggesting the following amendments/additions:

·        Condition 4 : add “notwithstanding the submitted details…”

·        Condition 21 of the report : delete “Windows shall take the form of non opening, fixed glazing”

·        A new condition regarding Sustainability and BREEAM rating   

Representations were received in objection to the application from a local resident of the previously proposed Nunnery Lane site. He stated that the scheme had been rushed and had not been given enough consideration and raised concerns regarding flooding and drainage, and anti-social behaviour.

Representations were received in objection to the application from a resident of Union Terrace. She stated that there was already a high concentration of similar social institutions in the area, that the loss of parking would lead to congestion, and raised concerns regarding security and crime, drainage, and the size of the development. She stated that if the application was approved she would support conditions to cover delivery times during building work, dogs on the premises, security, drainage, the setting up of a liaison group, and the entrance being on Clarence Street and not Union Terrace.

Representations were received in support of the application from the architect for the application. He stated that they had been working with Arc Light for two years on the proposals and that there had been sufficient time to design the scheme in detail. Consideration had been given to the siting of the building, and that it is a modern building which fits in well in terrace form, using similar brick. It is seen to be more part of Bootham Park than of Union Terrace car park.

Representations were received in support of the application from the Director of Arc Light. He stated that the application was a result of two years work and cooperation and commitment of all parties involved. Meetings had already been arranged with the police, and Arc Light supported the establishment of a community liaison group. The proposals would increase the quality of accommodation and facilities available.

A Chief Inspector from North Yorkshire Police was in attendance at the meeting to respond to any questions from Members. He stated that the Arc Light scheme had the support of the police and that the Police Architectural Liaison Officer had been consulted and had commented on the planning application.

Cllr B.Watson spoke as a Ward Councillor regarding the siting of the proposal.

He distributed a letter from a ward resident which expressed their concerns regarding drainage and flooding, security and parking. He stated that  ...  view the full minutes text for item 42a

Erection of 5 no. two storey and 2 no. three storey office (B1) units including landscaping and car and cycle parking (Huntington & New Earswick)

Members considered a major full application, submitted by Monks Cross Partnership, for the erection of 5 two storey and 2 three storey office (B1) units including landscaping and car and cycle parking.

Officers updated that if Members were minded to approve the application they would recommend three additional conditions regarding the achievement of a good or excellent BREEAM rating, submission of an energy strategy for the building and an amended height condition to show the maximum heights of the units to be 12.8 m. They also recommended it being delegated to officers to approve the layout of the cycle path.

Representations were received in support of the application from the agent for the applicant. Colour plans/photos were distributed to Members for their information. It was stated that the applicant would support the additional conditions proposed by officers, and the proposed amendments to cycle path access.

Members discussed the planting to be agreed, parking and disabled parking, and supported the proposal for the amendments to cycle path access. Members discussed an addition to condition 8 of the report to state that details of systems for foul and surface drainage shall be submitted to and approved in writing by the local planning authority before any development hereby approved is carried out on the site. 

RESOLVED:             That the application be approved subject to the conditions and informatives outlined in the report, that it be delegated to officers to approve the plan for the cycle path access, and subject to the following:

(i) amended condition 8:

Details of systems for foul and surface water drainage shall be submitted to and approved in writing by the local planning authority before any development hereby approved is carried out on site. The approved drainage systems shall be implemented on site before the buildings hereby approved are first brought into use.

Reason: In the interests of the proper and sustainable drainage of the site.

additional conditions:

                                    (ii) The developer shall aim to achieve a BREEAM "very good" or "excellent" assessment standard for the development. Unless otherwise agreed in writing by the Council  within 1 month of the date of the commencement of construction of the development the developer shall submit in writing for the approval of the Local Planning Authority a BREEAM design assessment demonstrating the progress of the BREEAM assessment, the percentage score expected to be achieved and which standard this relates to. Where this does not meet at least a 'very good' standard then the developer must demonstrate what changes will be made to the development to achieve at least 'very good" standard.

Reason. To ensure that the development is sustainable and accords with Policy GP4A of the draft City of York Local Plan.

(iii) Prior to the commencement of development on site an energy strategy for the building shall be submitted to and approved in writing by the local Planning Authority. The development hereby approved shall thereafter be carried out and occupied in accordance with the approved energy strategy.

                                       Reason: In the interests of  ...  view the full minutes text for item 42b

Extension to west side of existing Kit Kat 5 factory building (Clifton Ward)

Members considered a full application, submitted by S Hartley, for the extension to the west side of the existing Kit Kat 5 factory building.

There was no update from officers.

RESOLVED:             That the application be approved subject to the conditions detailed in the report.

REASON:                  The proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the visual amenity of the area, the living conditions of occupiers of nearby dwellings, flooding or highway safety. As such the proposal complies with Policies GP1, SP8, E3b of the City of York Local Plan Deposit Draft and the aims of PPS1,  PPG4 and PPS25.

This report presents a Draft Development Brief for Consultation for the southern part of the Nestlé factory site, Haxby Road, York.  Recent job loss announcements at the site have highlighted the need to modernise the main factory complex in order to compete in a global market.  This will allow the company to commit to staying in York for the foreseeable future.

Colour copies of the plans attached to this item are available to view at the Guildhall or on the councils website at www.york.gov.uk

Members considered a report which presented a Draft Development Brief for Consultation for the southern part of the Nestle Factory site, Haxby Road, York. Recent job loss announcements at the site had highlighted the need to modernise the main factory complex in order to compete in a global market.  This would allow the company to commit to staying in York for the foreseeable future.

The Brief set out the need for an employment/ residential redevelopment of the area.  It highlighted the key planning issues for prospective developers to consider and highlighted opportunities for adopting sustainable development principles, good design, layout and links to surrounding areas, and where further analysis was required.

With approval from Members it would be intended that the Brief be subject to public consultation for 8 weeks from February to March 2007.  Consultation responses would be considered and a revised Brief would be presented to Members for approval for development control purposes. The Council wouldl then use this document in order to coordinate developer proposals, in the form of a master plan prior to planning application submission, and further detailed consultation with local residents and key organisations on any subsequent scheme proposed.

The development brief covered the following areas:

Introduction, Site and Surroundings, Policy Content, Sustainable Development, Policy Context, Sustainable Development, Development Opportunities, Design and Landscape Principles, Open Space, Recreation and Public Art, Safety and Security, Archaeology, Sustainable Transport, Highways and Parking, Accessibility, Environmental Issues, Services/Public Utilities, and Developing Proposals.

The report presented three options:

Option 1:

Approve the Development Brief, as proposed in the report, as the basis for consultation with local residents and key organisations; 

Option 2: 

Do not approve the Development Brief and request a new Development Brief be drafted with an alternative approach;

Option 3: 

Do not approve the Development Brief and use the policies of the Development Plan (the Regional Spatial Strategy and the Structure Plan) and the Development Control Local Plan, 2005 as the basis for negotiation and considering applications.

Members discussed in detail the Draft Development Brief and agreed the amendments to the document as detailed below.

RESOLVED:             That the Draft Development Brief be approved for consultation for the mixed-use development of the Nestle South site, subject to the following amendments :

1)Para 2.25 Reference to the East Coast Main line amended to York to Scarborough line

2)Para 2.20 Addition to sentence describing Clarence Gardens as “well used”

3)Para 2.22 Check whether the Nestlé Rowntree sports pitches are member only facilities for Nestlé employees

4)Para 2.23 Add Nestlé Rowntree allotments at Mille Crux

5)Para 2.21 - Check whether Clifton Ings is nearest Open Access Land and add reference to Clifton Backies (Local Nature Reserve)

6)Chapter 5 – Amend ‘sympathetic manufacturing’ to ‘light industry’

7)Para 5.6 Delete first sentence and rephrase second sentence re. feasibility of older buildings on site

8)Para. 5.7 Delete ‘innovative live / work units’ from second sentence

9)After para 5.10 add paragraph to properly define a live / work unit and rationalize the use of the term  ...  view the full minutes text for item 43.