Agenda and draft minutes
Venue: Remote Meeting
Contact: Democratic Services
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 Fisher declared a non prejudicial interest as a member of Strensall with Towthorpe Parish Council and the Foss Internal Drainage Board. No further interests were declared.
Election of Vice Chair
Due to apologies from Cllr Pavlovic, Cllr Kilbane was nominated by Cllr Fenton as Vice Chair of the Committee for the meeting. In accordance with the revised Standing Orders, a named vote was taken with the following result:
· Cllrs Baker, Barker, Daubeney, Douglas, Doughty, Fenton, Fisher, Fitzpatrick, Hollyer, Kilbane, Lomas, Pavlovic, Warters, Widdowson and Cullwick voted for the motion;
The motion was therefore unanimously carried and it was
Resolved: That Cllr Kilbane be elected as Vice Chair of the Committee for the meeting.
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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.
Members considered a major full application from Richard Lever Formation of flood storage area consisting of construction of earth embankment with spillway, excavation of two temporary and two permanent borrow pits, erection of river flow control structure, re-profiling of sections of the River Foss, realignment of short section of Black Dike, raising of section of Ings Lane, carriageway edge protection to part of Lilling Low Lane and associated new and improved access arrangements, drainage, accommodation works, landscaping and biodiversity mitigation (cross boundary application with Ryedale) Foss Upstream Storage Area Brecks Lane Strensall York.
The Head of Development Services gave an update she advised Members of an update to Condition 2. This this change the planning balance and recommendation were unchanged from the published report. She gave a presentation on the application noting that it was a cross boundary application with Ryedale District Council. She gave an overview of the site location plan, general arrangement plan, Black Dyke realignment plan and section, slow control structure (structural design details of the sections), landscape master plan, landscape plan for area A and other examples of flood storage areas.
Officers were asked a number of questions to which they responded that:
· The Environment Agency (EA) had put forward a number of flood alleviation schemes and this was the most effective scheme to protect 490 properties.
· As it was a cross boundary application, consultation had been undertaken with a number of drainage boards.
· Conditions 3 and 6 addressed the comments of the North Yorkshire flood risk engineer and paragraph 1663 of the NPPF. If approved the internal drainage boards would be consulted on those conditions.
· There had been no objections from the ecology officer on the impact of the scheme on the Wheldrake SAC and SSSI. Appropriate conditions had been included for environmental mitigation.
· The EA and Natural England had been consulted as statutory bodies. The Yorkshire Wildlife Trust had also been consulted.
Samuel Wadsworth, landowner and farmer of land upon which the scheme was being constructed, spoke in objection to the application. He raised concerns about the red line used as the boundary being incorrect, concerns about flood base data from 2007 being used, the impact pf the scheme on his farm’s drain, biodiversity mitigation measures not being agreed with landowners, no agreement with the landowner over the use of clay pits, the proposed access unacceptably posing a biosecurity risk to his livestock.
The applicant, Richard Lever (EA) spoke in support of the application. He explained that the scheme was part of a number of flood alleviation schemes for York and there was currently no flood defences along the river Foss. He listed the benefits of the project which protected 490 properties. He explained that water would pass through without flooding the storage area, which would fill during flooding events and empty within two days. He added that most consultees had supported the scheme and that some objections had been received from landowners, who the EA would continue to work with.
Members considered a major full application from Andy Kerr (Applicant, City of York Council) for the erection of 5 level multi-storey car park with canopy to roof to provide 372 no. car parking spaces, demolition of public toilet, revised highway access and associated landscaping works at St Georges Field Car Park, Tower Street, York.
The Head of Development Services gave an update and confirmed that the following additional comments from the flood risk management team would be included as additional conditions.
It was noted that the additional information had been assessed and the planning balance and recommendation were unchanged from the published report. The Head of Development Services outlined the application including the site location plan, proposed elevations, proposed ground floor, first, second, third and fourth level plan, proposed solar canopy, site vehicular plan, illustrative master plan and visualisations.
[As Cllr Pavlovic had joined the meeting at the beginning of the item it was agreed he would resume as Vice Chair]
Following questions regarding tree removal, a tree removal plan and landscaping plan was shared with the Committee. The Committee noted trees would not be removed unless absolutely necessary and that the applicant had proposed to plant an additional 25 trees. A condition to secure a suitable replacement for any trees removed would be included.
Officers were asked and clarified that:
· The toilets would be located on the first floor, due to this floor being accessible during flood times.
· Although the North Yorkshire Police did not support the application due to the open-sided ground floor and the risk of anti-social behaviour, Officers were confident that the building would be made secure by appropriate conditions which could include the carpark to be staffed, 24hr CCTV and regular patrols of the carpark. Some Committee Members preferred for the site to be staffed 24hr a day.
· Although the Conservation Architect did not support the application, Officers confirmed their comments were noted but were not considered sufficient to refuse the application.
· The application showed the building would be built with a solar canopy.
· There was a loss of 133 car parking spaces.
Lynnette Mills spoke in objection to the application. She felt the building would have a serious negative visual impact from a picturesque area and would impact on views from New Walk, Clifford’s Tower and Skeldergate Bridge. She felt there had been no consideration of trees at the Foss side and felt the lime tree should not be removed and that the site should be used as a green corridor connection to the city. With all the new housing and hotels going up in York she felt more green spaces were needed for mental and physical wellbeing. She felt that building a multi-story carpark would encourage more cars visiting the city centre and would not alleviate congestion or pollution and she asked Members to refuse the application.
John Hey spoke in objection to the proposal. He questioned why the council, who were discouraging cars in the city centre to reduce pollution, ... view the full minutes text for item 80a
This was a full application for the erection of 106 apartments including 36no. 1-bed, no. 68 2-bed and 2no. studios, flexible commercial floorspace (A1-A3 and B1 1458sqm gross), provision of new pedestrian and cycle bridge across the River Foss and creation of new public realm and pedestrian and cycle route at riverside north Castle Mills Car Park Piccadilly York.
Cllr Kilbane moved and Cllr Warters seconded that the application be deferred to enable the Conservation Architect to attend to answer Members questions. In accordance with the revised Standing Orders, a named vote was taken on the motion to defer the application with the following result:
· Cllrs Barker, Doughty, Douglas, Fitzpatrick, Kilbane, Lomas, Pavlovic and Warters voted in favour of this motion and
· Cllrs Baker, Daubeney, Fenton, Fisher, Hollyer, Widdowson and Cullwick voted against this motion
The motion was carried and it was therefore:
Resolved: That the application be deferred.
Reason: To allow the Conservation Architect to attend to answer questions.