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 Ayre declared a personal non prejudicial interest in agenda item 4b [Pilcher Homes Tower House, Askham Fields Lane, Askham Bryan, York [19/00454/FUL] through his employment with Healthwatch York. Cllr Douglas also declared a personal non prejudicial interest in agenda item 4b as a Chair of and the use of Community First Yorkshire as a service provider.
No further interests were declared.
To approve and sign the minutes of the meetings of the Planning Committee held on 25 March 2019 and 18 April 2019.
Resolved: That the minutes of the last meeting held on 25 March 2019 and 18 April 2019 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 Wednesday 12 June 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 there were two registrations to speak at the meeting under the Council’s Public Participation Scheme on general matters within the remit of the Planning Committee.
Michael Hammill spoke on the planning system in York, noting a number of concerns regarding consultation deadlines and the delegated decision process.
Matthew Laverack spoke on planning in York and George Orwell. He made a number of points concerning the planning system in York and its treatment of applicants.
Following the two speakers, the Chair advised Members of the Agents Forum in York.
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.
Erection of light industrial building (use class B1) [Rural West York Ward] [Site Visit]
Members considered a full application from Geoffrey Wilson for the Erection of a light industrial building (use class B1) at Vale Engineering (York) Limited Rufforth, Approach Farm, Wetherby Road, Rufforth, York. Members were provided with an overview of the application from Officers.
Mark Newby, agent for the applicant, spoke in support of the application. He stated that the applicant was an existing local employer and he explained the benefits of the development whilst outlining the case for very special circumstances. He was asked and confirmed that the boundary hedge was in the ownership of the applicant.
Resolved: That the application be approved subject to the conditions listed in the report and the additional condition that the boundary hedge was to be retained for the lifetime of the development.
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. The development plan for the site is the Rufforth with Knapton Neighbourhood Plan and the proposal must be assessed against this and policies in the NPPF relating to 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 when the most important attributes of Green Belts are their openness and permanence. The building would also undermine one of the purposes of including land within the Green Belt by failing to safeguard the countryside from encroachment. Some limited harm has also been identified to visual amenity as the result of the scale of the building and its position close to the boundary of the site.
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, visual amenity 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.
Erection of one building to form additional office space (Use Class B1) [Rural West York Ward] [Site Visit]
Members considered a full application from Swain and Pilcher for the erection of a building to form additional office space (Use Class B1) at Pilcher Homes Tower House Askham Fields Lane Askham Bryan York.
Leah Swain, joint applicant (Community First Yorkshire) spoke in support of the application. She explained that Community First Yorkshire is a rural charity providing health support. The charity had been at the offices at Askham Bryan for nine years and at the moment was in period of growth resulting in a need for more meeting room space at the offices. She highlighted that the charity could relocate elsewhere in North Yorkshire where premises were cheaper, but they wished to remain in York. In response to questions from the Committee, she confirmed that:
· At the moment there was no space for one to one meetings or working group meetings.
· There would be three additional car parking spaces in the car park in addition to the existing eight spaces should the application be approved.
· Links with the nearby Askham Bryan College were not substantial although there were links with volunteers from the College.
The Head of Development Services was asked and confirmed that with reference to flood risk and drainage, there had been no objections raised from Yorkshire Water or the Ainsty Drainage Board, however concerns raised by the Flood Risk Management Team regarding surface water run-off being drained into a soak-away would be dealt with by conditions.
Resolved: That the application be approved.
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 that 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. National planning policy (para. 145) states that the construction of new building in the Green Belt should be regarded as inappropriate unless it falls within one of the exceptions to this outlined in paragraph 145 b of the NPPF. The proposal does not fall within one of the exception categories and it fails to preserve the openness of the Green Belt and conflicts with the purposes of including land within the Green Belt, namely parts C of policy 134 of the NPPF (assisting in safeguarding the countryside from encroachment), contrary to paragraph 145b of the NPPF.
iii. The proposal is considered to be acceptable on other relevant matters, such as design, impact upon highways, neighbouring residential amenity and drainage and floodrisk. Moderate weight is applied to these matters. Weighing up the planning balance, it is considered that the considerations set out in paragraphs 4.29-4.30, 4.32-4.35 and 4.36 ... view the full minutes text for item 6.
Erection of two storey industrial building (mixed use class B1, B2, B8) with access and associated parking [Wheldrake Ward] [Site Visit]
Members considered a major full application from Sheppee International Ltd for the Erection of two storey industrial building (mixed use class B1, B2, B8) with access and associated parking at land lying to the south of Elvington Airfield Network, Elvington, York.
Officers updated Members of amended wording to condition 12 and additional conditions 17, 18, 19, 20 and 21. In response to Member questions, the Head of Development Services clarified:
· That under condition 12 there was one electric changing point for vehicles. This condition could be amended to include a scheme for vehicle electric charging points and to include wording on the use of new technology.
· Why the building would be dark grey not dark green.
· Tree loss and landscaping.
Amendments to condition 15 for the landscaping to be for the lifetime of the development and condition 12 for there to be a scheme for vehicle electric charging points
Catherine Jukes, agent for the applicant, spoke in support of the application. She explained that Sheppee had been based in York for 100 years and was a high skill business which provides job opportunities. She explained how very special circumstances had been demonstrated. In response to Member questions she explained:
· That with regard to the building colour this was a large scale industrial building which included screening and trees.
· The hedgerows would need to be removed for building. There was a detailed landscape plan to show how ecology and plant species would work together. The Head of Development Services added that 27 new trees were proposed.
The Head of Development Services was then asked and explained why the application needed to be referred to the Secretary of State.
Resolved: That the application be approved subject to referral to the Secretary of State, the conditions listed on the report and the following amended wording to conditions 12 and 15 and additional conditions 17, 18, 19, 20 and 21.
Amended Condition 12
Before the occupation of the development a scheme for Electric Vehicle Recharging Point(s) shall be provided in a position and to a specification to be first agreed in writing by the Council. Within 3 months of the first occupation of the development, the owner will submit to the Council for approval in writing (such approval not be unreasonably withheld or delayed) an Electric Vehicle Recharging Point Maintenance Plan that will detail the maintenance, servicing and networking arrangements for each Electric Vehicle Recharging Point for a period of 10 years.
Reason: To promote and facilitate the uptake of electric vehicles on the site in line with the Council’s Low Emission Strategy (LES) and the National Planning Policy Framework (NPPF).
Amended Condition 15
The approved detailed landscape proposals, in accordance with drawing no. 50084-DR-LAN-102 rev D shall be implemented within a period of six months of the completion of the development and shall be for the lifetime of the development. Any trees or plants which within a period of five years from the substantial completion of the planting and development, die, are ... view the full minutes text for item 7.
This report informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 January and 31 March 2019, and provides a summary of the salient points from appeals determined in that period. A list of outstanding appeals at date of writing is also included.
Members considered a report which informed them of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 January and 31 March 2019, and provided a summary of the salient points from appeals determined in that period. A list of outstanding appeals at date of writing was also included.
In response to Member questions, the Head of Development Services noted that the results were comparable to other authorities. She went on to explain that Agents Forum met three times per year to encourage open and constructive engagement with agents. She was also asked and noted that there was approximately 500-600 applications per quarter and that there had been no costs awarded for appeals. The Chair reminded Members that planning applications could be called in.
Resolved: That Members note the content of the report.
Reason: To inform Members of the current position in relation to planning appeals against the Council’s decisions as determined by the Planning Inspectorate.