Agenda and minutes
Venue: The George Hudson Board Room - 1st Floor West Offices (F045). View directions
Contact: Angela Bielby Democracy Officer
Declarations of Interest
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 Doughty declared a personal non prejudicial interest in agenda item 4d (Forest Hill Farm, Pottery Lane, Strensall, York - 16/01061/FUL) as an employee in the transport sector. Cllr Gilles noted that the Applicant for agenda item 4d had visited him in his capacity as Council Leader and there had been no specific discussion regarding planning. There were no further declarations of interest.
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 Wednesday 20 February 2019. 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 Cllr D Williams had registered to speak on agenda item 4a (Land to the North And East Of Grid House, Metcalfe Lane, Osbaldwick, York - 18/01778/FULM). There were no registrations to speak at the meeting under the Council’s Public Participation Scheme on general matters within the remit of the Planning Committee.
Cllr Williams, speaking on behalf of residents on Fifth Avenue noted that for the last 8 years residents had their lives adversely affected by construction traffic to the site. He outlined his concerns regarding the application, namely the number of near misses with children, the deterioration of the condition of the road, and blocked driveways. He requested that the application be because of the conditions.
In response to Member questions, Cllr Williams noted that his concerns related to the enforcement of conditions and that Fifth Avenue was the sole access point to the site.
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.
Change of use of land and building to a bus depot including an extension to the north elevation of the main building complex and a detached single storey office building, and hardstanding (retrospective) (resubmission) [Strensall Ward] [Site Visit]
Members considered a full application from York Pullman Bus Company Ltd for a change of use of the land and building to a bus depot, including an extension to the north elevation of the main building complex and a detached single storey office building, and hardstanding (retrospective) (resubmission) at Forest Hill Farm, Pottery Lane, Strensall, York.
The Chair reported that there had been a request for application to be deferred.
Resolved: That the application be deferred.
Reason: In order for the applicant to address a number of inaccuracies in the report.
Officer update on National Planning Policy Framework (NPPF)
The Development Manager advised Members that National Planning Policy Framework (NPPF) had been revised (issued 19 February 2019) and there were no alterations in the NPPF considered to be relevant to the applications before the Committee.
Erection of 77 no. dwellings, areas of open space, access road and associated infrastructure pursuant to outline approval 14/01478/OUTM [Rural West York] [Site Visit]
Members considered a major reserved matters application from Mr Tate for the erection of 77 dwellings, areas of open space, access road and associated infrastructure pursuant to outline approval 14/01478/OUTM at the former Del Monte Site, Skelton Park Trading Estate, Shipton Road, Skelton, York.
An officer update was given on the application and application 18/02583/FUL - Change of use of land to public open space with landscaping. Members were informed that comments received from the Kyle and Upper Ouse Internal Drainage Board were the same as those previously submitted for the original scheme and set out in paragraphs 3.50 of the committee report. Officers also advised that the alterations in the revised NPPF were not considered to be relevant to either application and that the additional information and the alterations to the NPPF had been assessed and as such he planning balance was considered to be unchanged from the published reports.
Derek Jackson, a local resident, spoke in objection to the application. He noted that during consideration of the 2015 application for 60 dwellings, Members had expressed concern regarding pedestrians crossing the road and had asked for a signalised crossing. He noted that a condition had not been included in the decision notice and that his objection was not included in the officer update and that the committee report did not include a reference to the increase in the number of dwellings.
In response to Member questions Mr Jackson explained the he had been asking questions of CYC regarding the legal position since the previous year as he didn’t receive an answer when he submitted an objection to the website. He explained when he was told there was to be an increase in the number of dwellings.
John Goodsir, representing Skelton Village Trust spoke in objection to the application. He noted that in the 2008 design statement it said that any future development would be separated from the A19 and there was little to show that this had been addressed. He noted that most of the residents for the 77 homes would need to cross the A19 and there was no indication of how cyclists and pedestrians would cross the road safely. He was asked and clarified that there was very little to show how the A19 would change and he noted particular concern regarding elderly people and school children crossing the road.
The Applicant, Liam Tate, spoke in support of the application. He noted that the use of the brownfield site would make a valuable contribution to CYC housing delivery. He outlined the revised layout that included a range of 1, 2, 3 and 4 bedroom properties and would deliver 1.2 hectares of public open space. He noted that the application had been supported by all consultees.
Mr Tate was asked and clarified that:
· The sustrans cycle path ran to the rear of the site and there were discussions with the golf club regarding providing a link to the cycle path over land owned by the golf ... view the full minutes text for item 64.
Change of use of land to public open space with landscaping [Rural West York] [Site Visit]
Members considered a full application from Mr Tate for the Change of use of land to public open space with landscaping at the former Del Monte Site, Skelton Park Trading Estate, Shipton Road, Skelton, York.
Officers advised that the revisions to the NPPF were not considered to be relevant the application and that the additional information and the alterations to the NPPF had been assessed and the planning balance was considered to be unchanged from the published report.
The Applicant, Liam Tate, spoke in support of the application. He advised that the Parish Council had agreed to take on the open space for perpetuity and he explained that the open space had been designed with planners and landscape architects. Following Mr Tate giving an overview of the layout of the open space he was asked and gave clarification on the discussion with sustrans about the cycle track.
Cllr Steward, Rural West York Ward Councillor, spoke in objection to the application. He concluded by urging that the application be approved subject to a condition requiring the installation of a signalised pedestrian crossing
Cllr Warters moved and Cllr Gilles seconded approval of the application subject to a condition that there should be a pedestrian crossing. This was put to the vote as being a motion to refuse. The motion fell.
The Traffic and Highway Development Manager was asked and explained an assessment for a signalised crossing in relation to the open space had been made. In relation to a question concerning reference to sustainable travel in the NPPF, the Development Manager advised that a condition requiring a pedestrian crossing would be contrary to the NPPF as it was reasonable or necessary to be provided as part of the development.
Following debate it was:
Resolved: That the application be approved subject to the conditions listed in the report and a variation of the S106 agreement for the outline planning permission (14/01478/OUTM) to ensure that the open space land is adequately maintained in perpetuity.
i. The application site is located within the general extent of the York Green Belt and serves a number of Green Belt purposes. As such it falls to be considered under paragraph 143 of the NPPF which states inappropriate development, is by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness and any other harm are clearly outweighed by other considerations. National planning policy dictates that substantial weight should be given to any harm to the Green Belt.
ii. In addition to the harm to the Green Belt by reason of inappropriateness, it is considered that the proposal would have some harm on the openness of the Green Belt when one of the most important attributes of Green Belts are their openness and that the proposal would undermine three of the five Green Belt purposes. Substantial weight is attached to the harm that the ... view the full minutes text for item 65.
Erection of 40 dwellings with associated roads, landscaping and public open space [Osbaldwick and Derwent Ward] [Site Visit]
Members considered a major full application from Andrew Black for the erection of 40 dwellings with associated roads, landscaping and public open space on land to the North and East of Grid House, Metcalfe Lane, Osbaldwick, York.
Members were provided with an update from Officers. Officers advised Members of a report correction under paragraph 4.25 of the report that should read phase 3 rather than phase 4. Officers noted the additional responses from CYC Flood Risk Management, CYC Public Health, Osbaldwick Parish Council, Derwenthorpe Residents Association and from local residents. Officers noted additional conditions and obligations.
Ray Walker spoke in objection to the application on behalf of a number of residents on Derwent Way. He explained that residents felt that the application should be deferred for a number of reasons, namely no consultation on the application with the developer, problems with the Construction Traffic Management Plan (CTMP) and the enforcement of it, the impact of construction traffic on houses in Fifth Avenue, and problems road safety.
Bob Webb, a local resident, spoke in objection to the application. He explained that the residents on Fifth Avenue had suffered for 8.5 years the effects of HGVs travelling down that street. He noted that the restricted timings did not restrict the particulates from vehicles. He requested deferral because of the number of cars on Derwenthorpe and travelling down Fifth Avenue and that an alternative access route to the site needed to be looked at.
Elaine Davis spoke in objection to the application on behalf of a number of residents on Fifth Avenue. She noted that there was a petition from the residents on Fifth Avenue and she raised a number of questions concerning the application. She noted that issues needed to be resolved and would be compounded by the development. In response to a question she noted that the staff at Joseph Rowntree Housing Trust (JRHT) were rude and complacent.
Martin Rowley, a Governor at St Aelreds RC Primary School, spoke in objection to the application. He requested deferment of the application on the basis of the immediate and ongoing threat to the safety of children and parents at St Aelreds RC Primary School. He noted that there was no signage or road markings to indicate that there was a primary school and there was no safe crossing point on Fifth Avenue. He tabled a number of reports including a design and access statement which made no reference to the school. In response to Member questions Mr Rowley confirmed that the school was at capacity, listed the schools oversubscription criteria and percentage of Catholic children attending, and that there was no parking for parents. He undertook to check if signage to the school had been requested and he wasn’t aware if the school had made complaints about enforcement.
Alex Biddulf, a local resident and parent of children at the school, spoke in objection to the application. She explained that she had repeatedly had raised concerns regarding vehicles and traffic problems with ... view the full minutes text for item 66.
Outline application seeking approval for the layout and appearance of an energy storage facility with up to 25 battery storage units along with ancillary structures including switchgear, transformer, standby emergency generator and 2 containers enclosed with steel palisade fencing and screened with landscaping [Osbaldwick And Derwent Ward] [Site Visit]
Members considered an outline application from Dean Staverley seeking approval for the layout and appearance of an energy storage facility with up to 25 battery storage units along with ancillary structures including switchgear, transformer, standby emergency generator and 2 containers enclosed with steel palisade fencing and screened with landscaping at OS Field 5070, Hull Road, Dunnington, York.
Paul Bailey, Agent for Applicant, spoke in support of the application. He explained that the project would help stabilise the National Grid and that new technology was part of the national energy strategy. He advised that this was the only site with an available grid connection he noted with the facility could not be located underground.
In response to Member questions Mr Bailey clarified:
· Why the facility could not be located nearer the substation .
· That the facility was being provided by a private company in connection with the National Grid.
· That there would be security cameras at the facility.
· The size of the concrete base for the 25 batteries, ownership boundaries, size of the containers and cooling and ventilation.
· That there was very little noise from the batteries.
· That there was no alternative site in York
· The very special circumstances put forward.
Resolved: That the application be approved subject to the conditions and informatives listed in the report and the following conditions:
The containers must be painted matt dark green.
Reactive lighting must be installed.
i. The proposed energy storage facility with ancillary compound and structures is considered inappropriate development in the Green Belt by definition. Further harm has been identified as a result of the limited impact on openness and the landscape and visual character of the area. Very special circumstances relating the locational need; innovative nature of the technology proposed; and the sustainability and energy resilience benefits of the proposal have been put forward. Support has also been found in paragraph nos. 8 and 148 of the NPPF for the scheme as well as policies DP2 and CC1 of the emerging Local Plan.
ii. It is considered that the very special circumstances are sufficient to clearly outweigh the harm through inappropriateness and identified further harm and the proposal is recommended for approval subject to relevant planning conditions.
Erection of part 6/part 7-storey hotel (143 bedrooms) with 6-storey apartment block (8 apartments) following demolition of existing buildings [Guildhall Ward]
Members considered a major full application from Avantis Piccadilly Ltd for the erection of a part 6/part 7-storey hotel (143 bedrooms) with 6-storey apartment block (8 apartments) following demolition of existing buildings at Infinity Motorcycles, 46 Piccadilly, York.
Philip Holmes, Agent for Applicant, spoke in support of the application. He noted that since the 2017 approval the scheme brought forward by the new applicant was an attractive addition to the riverside and would bring improvements to the approved scheme.
In response to Member questions, Officers clarified the number of vehicle charging points and that the walkway at the back of the hotel would be under the ownership of the hotel.
Resolved: That Authority to Approve be delegated to the Assistant Director.
i. The application site is within an area proposed for redevelopment and regeneration outlined in the 2005 and emerging draft Local Plans. The site is in a sustainable location and brings forward regeneration benefits to the local area. The site is within Flood Zone 3 would not increase flood risk elsewhere. The proposal meets the requirements of the NPPF sequential and exception tests (as set out above) and is acceptable when considered against national planning policy on flood risk, the sequential and exceptions tests are passed.
ii. The development would not harm the character and appearance of the conservation area or the setting of nearby listed buildings and the scheduled ancient monument and accords with planning law and national and local policy in this regard. The loss of the existing building affects a non-designated heritage asset, however planning permission exists for its demolition as part of the previously approved application and the regeneration benefits are considered to outweigh any harm. Impacts on archaeology are acceptable and can be mitigated by planning condition.