Local democracy during coronavirus

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Agenda and draft minutes

Venue: The George Hudson Board Room - 1st Floor West Offices (F045). View directions

Contact: Angela Bielby  Democracy Officer

Items
No. Item

51.

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.

 

 

Minutes:

As a point of order the Vice Chair reported that he had received a number of complaints concerning the comments made by the Chair at the meeting held on 9 October 2021. The Vice Chair read out a statement outlining the concerns. The Chair advised that he had taken independent legal advice and noted that he had voted in favour of applications in the Green Belt on four occasions. He clarified what he meant to imply at the previous meeting and noted that he had abstained from the vote on the Dunnington planning application at that meeting. He noted that he had no history of predetermined Green Belt applications and in response to a question from the Vice Chair confirmed that the Monitoring Officer had given advice in which she confirmed that it was for the Chair to decide what his position is.

 

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 Looked noted that as Lord Mayor she had opened the building site at the Gas Works and was presented with the gift of a trowel at the opening. Cllr Fitzpatrick noted that at residents’ request she had called in an earlier application at the Gas Works site. The Chair declared a personal non pecuniary interest in agenda items 4a and 4b as a retired teacher and soon to be volunteer at Huntington School which would be a beneficiary of S106 funding.

 

52.

Minutes pdf icon PDF 153 KB

To approve and sign the minutes of the last meeting of the Planning Committee held on  2 September 2021.

Minutes:

In response to a question from a Member, the Democracy Officer confirmed that the minutes of the meeting held on 7 October 2021 would be approved at the meeting on 2 December 2021.

 

Resolved:  That the minutes of the meeting held on 2 September 2021 be approved and signed by the Chair as a correct record.

 

 

53.

Public Participation

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.

 

Please note that our registration deadlines have changed to 2 working days before the meeting, in order to facilitate the management of public participation at remote meetings.  The deadline for registering at this meeting is 5:00pm on Tuesday 2 November 2021. 

 

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form.  If you have any questions about the registration form or the meeting, please contact Democratic Services.  Contact details can be found at the foot of this agenda.

 

Webcasting of Public Meetings

 

Please note that, subject to available resources, this meeting will be webcast, including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at www.york.gov.uk/webcasts.

 

During coronavirus, we've made some changes to how we're running council meetings. See our coronavirus updates (www.york.gov.uk/COVIDDemocracy) for more information on meetings and decisions.

 

 

Minutes:

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.

 

54.

Appeals

55.

Site to the west of the A1237 and south of North Lane Huntington York [18/00017/OUTM] pdf icon PDF 507 KB

This matter is reported to Planning Committee following the recent submission of an appeal against non-determination to the Secretary of State by the applicant.  Members are requested to consider this report and to endorse the approach that will be presented to the Planning Inspectorate as the Council’s case at the public inquiry. 

 

The application is for outline consent with full details of means of access.  It proposes residential development of circa 970 dwellings with associated demolition, infrastructure works, open space, primary school, community facilities and convenience store (use class A1) on land west of Monks Cross Link Road and a country park with drainage infrastructure east of Monks Cross Link Road.  It was submitted with the intention to align the determination of the Outline application with the adoption of the Local Plan.

 

Additional documents:

Minutes:

This matter was reported to Planning Committee following the  submission of an appeal against non-determination to the Secretary of State by the applicant.  Members were requested to consider the report and to endorse the approach to be presented to the Planning Inspectorate as the Council’s case at the public inquiry. 

 

The application was for outline consent with full details of means of access.  It proposed a residential development of circa 970 dwellings with associated demolition, infrastructure works, open space, primary school, community facilities and convenience store (use class A1) on land west of Monks Cross Link Road and a country park with drainage infrastructure east of Monks Cross Link Road.  It was submitted with the intention to align the determination of the Outline application with the adoption of the Local Plan.

 

The Head of Planning and Development Services noted a correction to paragraph 5.3 of the report. In response to questions from Members, Officers clarified that:

·        They did not have the information regarding the potential for the middle part of the development to be used for

·        The cycle access link was under the control of the applicant.

·        The planning application was submitted in 2018 and there had been issues with the Local Plan and technical issues with highways.

·        The applicant would be able to provide the information needed to show that policies HW2, HW3, HW4, HW7 and D3 had been met. It was a complicated application due to the number of complexities.

·        The master plan was indicative of whether the overall housing densities were similar to that of estates in the immediate area. The density was considered to be acceptable.

·        The applicant was proposing an area of self builds equivalent to 49 homes.

·        At present highways were not seeking to provide LTN 1/20 for the link road.

·        Presently there were no proposals for vehicular access from North Lane.

·        Highways had asked for parking provision for public open spaces on the site.

·        The council could secure a contribution for bus services but did not have agreement on this from the developers.

·        The offsite contribution for Gypsy and Traveller pitches was consistent with other decisions that had been made. These were looked at on a case by case basis.

·        There had not been any additional information regarding area 5 being designated as a play area. The detailed layout would be included as part of the reserved matters application.

·        The country park was required to mitigate the impact on Strensall Common.

·        The location of the western hedge line on the boundary was explained.

·        Regarding questions around the provision of shops, there were highways issues unresolved which would be addressed at the public inquiry.

·        A caveat for the provision of sufficient shops and amenities was not unreasonable and would continue to be requested.

·        A request for health provision would be subject to discussions with the NHS and this had not been provided as part of the application at that stage.

 

Public Speakers

Geoff Beacon spoke in objection to the application on the climate aspects  ...  view the full minutes text for item 55.

55a

Huntington South Moor, New Lane, Huntington, York [21/00305/OUTM] pdf icon PDF 583 KB

This matter is reported to Planning Committee following the recent submission of an appeal against non-determination to the Secretary of State by the applicant.  Members are requested to consider this report and to endorse the approach that will be presented to the Planning Inspectorate as the Council’s case at the public inquiry. 

 

The application is for outline planning permission with all matters reserved except access, for circa 300 residential dwellings, associated landscaping, public open space, and the formation of two new vehicle accesses from New Lane.

Additional documents:

Minutes:

This matter was reported to Planning Committee following the  submission of an appeal against non-determination to the Secretary of State by the applicant.  Members were requested to consider the report and to endorse the reasons for refusal that will be presented to the Planning Inspectorate as the Council’s case at the public inquiry, the hearing opening on 11th January 2022.

 

The application was for outline planning permission with all matters reserved except access, for circa 300 residential dwellings, associated landscaping, public open space, and the formation of two new vehicle accesses from New Lane.

 

The Head of Planning and Development Services gave an update noting that two letters in support of the application had been received. In answer to a question from a Member she noted that there had been an up to date sustainability appraisal. Members asked a number of questions to which officers responded that:

·        The site was considered to remain as a Green Belt site.

·        There were technical and highways issues within the application that had not been resolved.

·        The application decision date passed in July and the Applicant had appealed non determination.

 

Public Speakers

David Jobling (Vice Chair of Huntington Parish Council) spoke in objection to the application on behalf of the Parish Council. He explained the history and three core principles of the Huntington Neighbourhood Plan and selection of sites within it. The noted the legal standing of the plan and the rejection of the site within it.

 

Gwen Swinburn spoke in support of the application with its access to local amenities, and cycling and walking access to the city. She noted the need to provide homes for new arrivals to the city and with reference to S106 expressed concern that there were no 4 or 5 bedroom houses in light of the need for homes for larger families of refugees. In response to Member questions she noted Lib Dem support for the 970 homes and that concerning the golf club being open to everyone, that it was an elite sport.

 

Cllr Orrell (Ward Councillor) spoke on the application on behalf of the Ward Councillors for Huntington and New Earswick. He noted that the site was in the Green Belt, was not included in the Local Plan for development and was not supported by the Huntington Neighbourhood Plan for development. He noted there had been a number of developments in recent years and that Huntington was a densely built area.

 

Cllr Hollyer moved the officer recommendation to endorse the reasons to contest the appeal. This was seconded by Cllr Ayre. During debate a number of views were expressed, during which the Chair clarified that the Neighbourhood Plan was part of the development plan for the area. A vote was taken with 8 Members in favour, 5 against and 2 abstentions.

 

The motion carried and it was therefore:

 

Resolved:

     i.        That Committee endorse the reasons to contest the appeal that may be presented to the Planning Inspectorate as part of the Council’s Statement of Case at  ...  view the full minutes text for item 55a

56.

Plans List

This item invites Members to determine the following planning applications:

Minutes:

Members considered a schedule of reports of the Head of Planning and Development Services, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views of consultees and officers.

 

56a

Former Gas Works Heworth Green York [21/00854/REMM] pdf icon PDF 351 KB

Reserved matters application for appearance and landscaping - Zone A only.  For 119 dwellings and commercial/community use unit [Guildhall Ward]

Additional documents:

Minutes:

 Members considered a Major Reserved Matters Application from Heworth Green Development for appearance and landscaping - Zone A only for 119 dwellings and a commercial/community use unit. Ltd at Former Gas Works Heworth Green York.

 

The Head of Planning and Development Services gave a presentation on the application showing the proposed section plans and visualisations. She advised that there had been an updated landscape masterplan and amended conditions to Condition 2 (tree planting), Condition 6 (cycle parking), and deletion of Condition 8 (travel plan) to be replaced with an informative.

 

Officers were asked and clarified that:

·        The community space was established during the outline stage of the application.

·        The intention was for dark red/brown bricks as shown in the visualisation.

·        The widths of the paths for use by pedestrians and cyclists were explained.

 

Public Speakers

Tim Ross, Agent for the Applicant, spoke in support for the Applicant. He noted that the application was a key part of bringing together the former gasworks following the 2020 planning consent. He added that if approved, building would commence as soon as possible and he noted the key merits of the application.

 

Tim Ross was joined by his colleagues Stephen Clewes (Architect), Mike Philips (Project Manager) Mark Shilton (Landscape Architect) to answer questions on the application. In answer to questions from Members, they explained that:

·        There was a condition in the report detailing samples of building materials. The types of bricks to be used would be in line with the buildings in the area.

·        The only area of tarmac was in the car park serving zone C.

·        Regarding drainage there were attenuation tanks in zones A and C.

·        The intention was the community/community space in zone A would be a pocket park.

·        There was one access road that ran around zone B and it was anticipated that cyclists would enter via Heworth Green. There were links to the Sustrans routes.

·        The level of detail regarding the sustainability of materials used for car parks had not been reached yet.

 

At this point in response to questions from Members, Officers advised that it would not be reasonable to put in a condition regarding the use of the commercial/community space in zone A as there were reserved matters yet to be determined. Concerning the number of disabled car parking spaces, Officers were asked and noted that there was no specified percentage in the council policy for disabled spaces and car parking standards were included in the 2018 draft Local Plan. Referring to the proposed site plan, Officers demonstrated where the disabled parking spaces were located in zone A. It was noted that there had been no objections from highways officers regarding the number of disabled car parking spaces.

 

Members noted that when the application was approved at outline stage, there was no opportunity to state that the commercial/community space should be for community use. Officers detailed the outlined planning permission and demonstrated the 130m² for commercial/community use on the proposed floor plan.  It was clarified that commercial  ...  view the full minutes text for item 56a

56b

Former Gas Works, Heworth Green, York [21/00855/REMM] pdf icon PDF 352 KB

Reserved matters application for appearance and landscaping - Zone C only. For 96 dwellings [Guildhall Ward]

Additional documents:

Minutes:

Members considered a major reserved matters application from Heworth Green Development Ltd for appearance and landscaping - Zone C only for 96 dwellings from at the Former Gas Works, Heworth Green, York. 

 

The Head of Planning and Development Services gave a presentation on the application showing the proposed site layout and elevation floor plans. She noted corrections to paragraphs 5.15 and 5.16 in the committee report and then detailed the updated landscape masterplan and amended conditions to Condition 2 (tree planting), Condition 6 (cycle parking), and deletion of Condition 8 (travel plan) to be replaced with an informative.

 

Officers were asked and clarified that:

·        Regarding the temporary Sustrans connection, long term cyclists would use the road around the public open space, and as land was needed for the construction of zone B, a temporary connection was needed.

·        Trees were protected for 5 years by a condition in the outline planning permission.

·        The future maintenance of the dutch style paving would depend on the road adoption process.

 

Public Speakers

Tim Ross, Agent for the Applicant, spoke in support for the Applicant. He noted that the application was another key part of bringing the contaminated site forward as part of the 2018 planning permission. He noted that the new Sustrans link and phone mast had planning permission and that if approved, construction would commence as soon as possible. He listed the key merits of the application.

 

Tim Ross was joined by his colleagues Stephen Clewes (Architect), Mike Philips (Project Manager) Mark Shilton  (Landscape Architect) to answer questions on the application. They were asked and explained that:

·        The brickwork used would be conditioned. Additional elevation drawings had been provided which stated what bricks would be used.

·        Additional disabled car parking spaces could be possible at the expense of the loss of trees. Regarding designated existing car parking spaces as disabled spaces, this would be to the detriment of other spaces due to the space needed for the parking spaces to be accessible.

 

At this point, a Member requested as a matter of urgency the development of a disabled car parking policy. Officers advised that additional spaces could be conditioned. Tim Ross was asked and explained that other Local Authorities often requested that 10% of car parking spaces be for disabled parking. He confirmed that zone A and C provided nine electric vehicle charging spaces with zone C providing passive provision for electric vehicle charging. He added that there would be ducting in place for this.

 

Officers then answered further questions to officers as follows:

·        A further four disabled car parking spaces could be conditioned and this would be at a loss of other car parking spaces. The outline planning permission was noted and Members were informed that additional car parking spaces would be at the expense of soft landscaping. The Committee could ask for a car parking scheme (whilst complying with outline planning permission).

 

It was clarified that the first sentence paragraph 5.15 of the committee report should state that the outline planning  ...  view the full minutes text for item 56b

Chair's Remarks

A Member requested a return to onsite site visits. It was confirmed that this was being investigated. A Member welcomed the remote site visits via Zoom.

 

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