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.

Cllr Flinders declared a personal non prejudicial interest in item 4a (Land To The South Of Field Lane, Heslington) due to him being a donor and alumnus to the University of York. Cllr K Taylor declared a personal interest non prejudicial in item 4a as he was an alumnus and was a former employee of the University of York (as Sabbatical Officer).

[Cllr Cullwick declared a personal and prejudicial interest in items 4a and 4b (York Dance Works, 11 Redeness Street, York) and was therefore not present for consideration of those items. This was confirmed by the Chair at the beginning of item 4c].

There were no further declarations of interest.

To approve and sign the minutes of the last meeting of the Planning Committee held on 15 November 2018.

Resolved:  That the minutes of the last meeting held on 15 November 2018 be approved and then 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 5:00pm on Tuesday 18 December 2018.

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.

Reserved matters application for approval of siting, design, external appearance and landscaping to provide student accommodation (providing 1,480 bed spaces) including the provision of two colleges and residential blocks within a central green space, the realignment of Lakeside Way following outline permissions 15/02923/OUT [Hull Road Ward]

[Note: Councillor Cullwick withdrew from the meeting during consideration of this item and took no part in the debate or decision thereon.]

Members considered a Major Reserved Matters Application from the University Of York And Graham Construction Limited to approve the siting, design, external appearance and landscaping to provide student accommodation (providing 1,480 bed spaces) including the provision of two colleges and residential blocks within a central green space, the realignment of Lakeside Way following outline permissions 15/02923/OUT.

In their update, Officers advised that one letter of objection has been received from a resident of School Lane, Heslington.  A summary of the objections raised by the resident was noted.  Members were further advised of variations to Conditions 1 and 2. A Construction Environmental Management Plan (Biodiversity) had been submitted and agreed by officers and it was recommended that Condition 1 (plan references) be amended to include this. Condition 2 had been reworded following the submission of additional information. Officers advised that the additional information had been assessed and the planning balance and the recommendation remained unchanged from the published report. 

In response to questions from Members, Officers confirmed that:

·        Measures had been taken to negotiate on public access around parts of Cluster 4 with the Applicant.

·        The University proposed that for the safety of students, it was proposed that access to both colleges would be through a central hub.

·        Lakeside Way, the central green area and the pathway at the top of the site would be publicly accessible.

·        With regard to the University guaranteeing accommodation to all first year and foundation year students (including overseas students), any remaining vacancies would be offered to returning students. The proposals will provide additional capacity for students to live on campus, rather than in private rented sector elsewhere in the City. The Council would want to see that accommodation was provided on campus as a first point of call.

·        There were no Tree Preservation Orders (TPOs) and two oak trees would be removed. However, there was a substantial landscaping plan.

·        The buildings had been moved further back and there would be a loss of grassland because of the nature of the buildings. Students would not be able to access the grassland and could only access the lakeside edge via the boardwalk. The detailed landscaping scheme was detailed in Condition 4.

Alan Richards spoke in objection to the application on behalf of a number of Badger Hill residents.  He detailed the parking issues currently experienced by Badger Hill residents which had worsened over recent years. He noted that many vehicles were parked or badly parked by students and tutors, causing a safety risk. He suggested that this may be exacerbated by cars from the new campus being parked in Badger Hill. He asked the Council to work with residents and noted that the residents group would report illegally parked cars.

Mr Richards was asked and explained that:

·        In terms of liaison between the residents group and the University, two members of the residents  ...  view the full minutes text for item 50.

Erection of a 4-5 storey student accommodation building consisting of 98 bed spaces with car parking spaces, access, landscaping and associated works [Guildhall Ward] [Site Visit]

[Note: Councillor Cullwick withdrew from the meeting during consideration of this item and took no part in the debate or decision thereon.]

Members considered a major full application from Maple Grove Developments for the erection of a 4-5 storey student accommodation building consisting of 98 bed spaces with car parking spaces, access, landscaping and associated works. 

Officers asked Members to consider the application based on a number of updated conditions which were minor changes to the wording of existing conditions only. Members were advised that the additional information had been assessed and the planning balance and the recommendation remained unchanged from the published report. It was confirmed that the car parking spaces were for the use of York Motorfactors.

Richard Frudd (Agent for the Applicant) spoke in support of the application. He noted that there had been good positive engagement with officers and there had been no objections to the application.

Mr Frudd was asked and confirmed that:

·        The accommodation was linked to other student accommodation schemes

·        The units would be operated by IQ student accommodation, who also ran the student accommodation next to the site.

·        The accommodation would be purely student accommodation.

Members debated the application. During debate officers were asked and advised that unauthorised advertising would be subject to enforcement action. It was also confirmed that a travel plan could be conditioned.

Resolved:  That the application be approved subject to the conditions and informatives listed in the report, amended conditions 2, 3, 10, 12 and 13 and two additional conditions below:

Condition 2: Plans

The development hereby permitted shall be carried out in accordance with the following plans:-

Drawings 2015-037 -

Location Plan 101

Site Plan 102D

Floor plans / roof plan - 200D, 201D, 202E, 203D

Elevations - 210D, 211D

Sections - 103C, 214D

Site levels - 802H

Landscape layout - 901F   

Reason:     For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

Condition 3         : CEMP

Prior to commencement of the development, a Construction Environmental Management Plan (CEMP) for minimising the creation of noise, vibration and dust during the demolition, site preparation and construction phases of the development shall be submitted to and approved in writing by the Local Planning Authority.

All works on site shall be undertaken in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

For noise details are required on the types of machinery to be used, including consideration of use of quieter/silenced machinery, use of acoustic barriers, prefabrication off site etc. Where particularly noisy activities are expected to take place then details should be provided on mitigation i.e. by limiting especially noisy events and their duration. Details of any monitoring may also be required, in certain situation, including the location of positions, recording of results and identification of mitigation measures required.

For vibration details are required on any activities which may results in excessive vibration, e.g. piling, and how the risk of  ...  view the full minutes text for item 51.

Erection of horse walker [Haxby And Wigginton Ward] [Site Visit]

[Note: Councillor Cullwick returned to the meeting for the consideration of this item.]

Members considered a full application from Mr and Mrs Batty for the erection of a of horse walker on Os Field 351 at Plainville Lane, Wigginton, York. 

There was no officer update and no registrations to speak in relation to the application.

Resolved: That the application be approved subject to the conditions and informatives listed in the report.

Reasons:

                     i.        The site lies within the general extent of the Green Belt as identified in the RSS to which S38 of the 1990 Act applies. Having regard to the purpose of the RSS policies it is considered appropriate and justified that the proposal is therefore assessed against the restrictive policies in the NPPF relating to protecting the Green Belt.

                    ii.        The NPPF indicates that very special circumstances necessary to justify inappropriate development in the Green Belt cannot exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. The NPPF also states that in the planning balance substantial weight should be given to any harm to the Green Belt. In this case, harm has been identified by way of inappropriateness of the proposed development. The presumption against inappropriate development in the Green Belt means that this harm alone attracts substantial weight. Additionally, the proposed development would reduce the openness of the Green Belt as a result of its scale and position in an open paddock when the most important attributes of Green Belts are their openness and permanence. The horse walker would also undermine one of the purposes of including land within the Green Belt by failing to preserve the setting and special character of the city. No other harm has been identified.

                            iii.            The applicant has put forward a number of factors to demonstrate very special circumstances to clearly outweigh these harms. Substantial weight has been given to the harm to the Green Belt through inappropriateness and additional harm though harm to openness and one of the purposes of including land within the Green Belt. It is considered however that the very special circumstances put forward by the applicant are sufficient to outweigh this harm and are unique and individual to the applicant.