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.

At this point in the meeting, Members were asked to declare any personal, prejudicial or pecuniary interests they may have in the business on the agenda.

Councillor McIlveen declared a personal non prejudicial interest in relation to agenda item 4a, Hallfield Road, as a landlord of a student house in multiple occupation.

Councillor Mcilveen also declared a personal non-prejudicial interest in agenda item 4b, North Selby Mine, due to his employment as a Surveyor acting for Northern Powergrid, the operators of the Primary Electricity Substation adjoining or within the confines of the application site.

To approve and sign the minutes of the meeting of the Planning Committee held on 19^th December 2013.

Resolved:           That the minutes of the last meeting held on 19^th December 2013 be approved subject to the following amendments:

Councillor Fitzpatrick be added to the attendance list as a substitute.

                             Councillor McIlveen’s declaration of interest be amended to state he is a member of the Ramblers Association.

                             At minute item 41, the spelling of principle be changed to ‘Principal’.

                             At minute item 43, add the word ‘some’ to reflect that only some members raised concerns about the delay to the Our Lady’s application.

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 on Wednesday 22^nd January 2014. 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.

Please note that this meeting, including public speakers, will be sound recorded to allow members of the public to listen to the proceedings without having to attend the meeting.

The sound recording will be uploaded onto the Council’s website following the meeting.

It was reported that there had been no registrations to speak under the Council’s Public Participation Scheme.

Members then considered two reports of the Assistant Director (Development Services, Planning and Regeneration) relating to the following planning applications, which outlined the proposals and relevant planning considerations and set out the views of the consultees and officers.

A major full application for the erection of student accommodation in 2 new four storey buildings providing 326 bed spaces with associated car and cycle parking, access and landscaping following demolition of existing buildings. [Heworth Ward] [Site Visit].

Consideration was given to a major full application for the erection of student accommodation in two new four storey buildings providing 326 bed spaces with associated car and cycle parking, access and landscaping following the demolition of existing buildings.

Officers circulated an update to the committee report, full details of which are attached to the online agenda for this meeting. The main points were as follows:

·        The Environment Agency had confirmed they have no objections to the application.

·        Ecology scoping report is acceptable.

·        A further condition for bat mitigation and conservation.

·        Additional archaeology condition.

Mr. Crolla had registered to speak as the applicants agent. He advised that he endorsed the officers recommendation and the applicant was keen to get the scheme underway and ready for occupation in 2015/16. Substantial discussions had taken place with planning officers, residents and local businesses and he was satisfied that the scheme was comprehensive and of good quality design.

Members queried the size of the units. The agent confirmed they were the same size as used elsewhere and were of a satisfactory size. In response to questions, the agent also conformed that the apartments would be managed by a student accommodation management company.

Resolved:           That the application be approved subject to the imposition of conditions outlined in the officers report and the following additional conditions:

No development shall take place until full details of the measures for bat mitigation and conservation have been submitted to and approved by the Council.

The measures should include:

i.         A plan of how demolition work is to be carried out to accommodate the possibility of bats being present.

ii.        Details of what provision is to be made within the new buildings to replace the features lost through the demolition of the original structure. Features suitable for incorporation for bats include the use of special tiles, bricks, soffit boards, bat boxes and bat lofts and should at least replace or substitute for what is existing.

The works shall be implemented in accordance with the approved details and timing unless otherwise approved in writing by the Council.

Reason: To take account of and to enhance the habitat for a protected species. It should be noted that under NPPF the replacement/mitigation proposed should provide a net gain in wildlife value. To ensure the development is in accordance with the recommendations of the Scoping Survey by Brooks Ecological submitted 09 January 2014.

Archaeology condition - request condition ARCH2 (archaeological watching brief).

Reason:              The proposed development will regenerate the area and add to the vitality and viability of this part of the city centre.  The loss of employment land will not conflict with national planning policy and there is no evidence that the proposed use will have an undue impact considering crime and disorder.  The development will be sustainable and will have no undue impact on the amenity of occupants of the neighbouring dwellings. 

A major full application for the demolition of existing buildings and re-profiling of bunds and areas of the former mine, construction of an anaerobic digestion combined heat and power facility and horticultural glasshouse and associated infrastructure and works (reconsidered application) [Wheldrake Ward] [Site Visit].

Consideration was given to a major full application by Mr. Richard Barker for the demolition of existing buildings and re-profiling of bunds and areas of the former North Selby Mine, construction of an anaerobic digestion combined heat and power facility and horticultural glasshouse and associated infrastructure works.

The Council’s Solicitor addressed the Committee to advise that in the opinion of officers and the external Planning Barrister consulted by the local planning authority, all the points of note raised in the detailed letter received from Cunnane Planning (attached to the online agenda)  have been addressed in the committee report or in the officers’ update but that it is important that Members have read and understood the full contents of that letter.

Officers briefly provided background details to the application following the Committees decision to approve it in April 2013 being successfully challenged at the High Court. The application was being presented back to Committee for reconsideration taking into account the reasons for the successful challenge.

An update to the committee report was circulated, full details of which are attached to the online agenda for this meeting. The main points were as follows:

·        Further objections had been received since the committee report was published. Copies were made available to Members.

·        Response to the Cunnane Planning letter.

·        Amendments to conditions 2, 4 and 7.

Colin Davies had registered to speak as a local resident living within half a mile of the site. He advised that he considered there to be a number of reasons to refuse the application such as noise, water pollution and an increase in traffic in the area. The main issue he did not agree with was the special circumstances for development in the Green Belt. He stated that with 270 similar plants in the country he did not see why this site had been selected. He requested that Members consider carefully and discuss the matter of special circumstances.

Dr. Hill had registered to speak in objection to the application. He advised that the land is in the green belt and there are no special circumstances to allow the application. He also had concerns about the application site being too close to Sheepwalk Farm, planning conditions not being met and the potential for the shortening of lives due to the environmental impact, he referred to a study by the University of Utrecht. He suggested that the applicant should consider other sites and that the land should be sold to the community for use as a community site.

Mrs Williams had registered to speak in objection as a resident directly affected by the proposal. She strongly objected to the application in particular that residents were being asked to give up their amenity and accept the special circumstances outlined in the officers report. She referred to paragraph 4.87 of the committee report which outlined the cumulative factors for special circumstances and advised that she could not accept that residents should suffer for any of the factors. She also raised concerns about highway  ...  view the full minutes text for item 50.