Agenda and minutes

The following site was inspected before the meeting:

At this point, members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda. No interests were declared.

To approve and sign the minutes of the meetings of the Planning Committee held on 22 February 2007, 5 March 2007 and 29 March 2007.

RESOLVED :That the minutes of the meetings held on 22 February 2007, 5 March 2007 & 29 March 2007 be approved and 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 5pm the day before the meeting. 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.

It was reported that there had been no registrations to speak, under the Council’s Public Participation Scheme, in general issues within the remit of this committee.

This item invites Members to determine the following planning applications:

Members considered reports of the Assistant Director, Planning & Sustainable Development, relating to the following planning applications, outlining the proposals and relevant considerations and setting out the views and advice of consultees and officers.

Demolition of non listed building in a Conservation Area (Fishergate Ward)

Members considered a Conservation Area Consent application, submitted by City of York Council, for the demolition of a non listed building in a conservation area.

Officers updated that two further letters of objection had been received, raising a number of concerns, one of which was the effect of demolition due to the presence of bats.

Members discussed the re-use of materials if the demolition were to be approved, environmental and sustainability issues, and the requirement for a construction management scheme.

RESOLVED : That the application be approved, subject to the approval of the Secretary of State, and subject to the conditions outlined in the report. 

REASON:                  The proposal, subject to the conditions outlined in the report , would not cause undue harm to interests of acknowledged importance, with particular reference to the character and appearance of the conservation area.  As such the proposal complies with Planning Policy Guidance Note 15: Planning and Historic Environment, Policy E4 of  the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies HE3 and HE5 of the City of York Draft  Local Plan (incorporating 4th set of changes).

Erection of part two/part three storey building to accommodate homeless persons' hostel (22 beds) with staff living accommodation, training and reception areas, following demolition of existing buildings (Fishergate Ward)

Members considered a General Regulations Reg 3 application, submitted by City of York Council, for the erection of part two/part three storey building to accommodate homeless persons’ hostel (22 beds) with staff living accommodation, training and reception areas, following demolition of existing buildings.

Officers updated that two further letters had been received from residents regarding personal safety issues and the increase in crime if the proposal were to be approved. Yorkshire Water had requested three conditions relating to foul and surface water drainage and an informative on surface water discharge if the application were to be approved. The Environment Agency had no further comments on the revised plans which had been submitted. The Council’s Landscape architect stated that they would accept that if the application were approved the sycamore tree to the rear of 2 Fishergate would be felled. Officers further updated that if Members were minded to approve the application that an additional condition be included regarding obscured glazing and non-opening windows. They also updated that if Members were minded to approve the application they would recommend that  condition 9 be amended to cover the eventuality that bats may be present, that condition 17 be amended to refer to floor levels for the rear part of the building fronting onto the River Foss Basin, that condition 20 be amended to include infill railings on the eastern boundary wall with the Masons Arms between the two single storey extensions of the public house, and that condition 21 be revised to request a BREEAM rating of “very good”.   

Representations were received in objection to the application from a resident of Fishergate on behalf of himself and other residents. He stated that a number of key issues had been ignored in relation to the objections from local residents and businesses, the recommendations of experts regarding the design, and the advice of the CYC Conservation Officer had been ignored.

Representations were received from a nearby resident regarding personal safety issues. She stated that she was concerned regarding the type of users of the centre and was concerned about the increase in crime and disorder if approval were granted. She also stated that she felt that a decision had already been made on the application. The Chair of the committee clarified that this was not the case and that the decision as to whether the application was approved or refused lay with this committee.

The Assistant Director of Housing Services, City of York Council, the applicant, spoke in support of the application. He stated that the kind of support which is given to the homeless had changed over the last five years, and the approach was now to empower individuals and for them to learn to re-establish their skills. He stated that there was a planned approach for users of the centre, with each resident signing up to a resettlement programme. He stated that there were certain myths about the project but it was a settled project and that there would be no impact  ...  view the full minutes text for item 63b

This report seeks Members approval for York based commuted sum payments towards open space provision in new developments. It asks Members to approve a more structured commuted sum payments process than presently used for planning applications relating to residential, employment, retail and leisure uses where appropriate. The proposed commuted sum payments will form an interim basis for decision making in development control, until the Local Development Framework is sufficiently advanced to be used for deciding planning applications.

Members considered a report which sought Members approval for York based commuted sum payments towards open space provision in new developments. The report asked Members to approve a more structured commuted sum payments process than presently used for planning applications relating to residential, employment, retail and leisure uses where appropriate. The proposed commuted sum payments will form an interim basis for decision making in development control, until the Local Development Framework (LDF) is sufficiently advanced to be used for deciding planning applications.

Members of the LDF Working Group considered this issue at their meeting on 4 December 2006 and agreed that the commuted sum figures be recommended to Planning Committee for approval with amendments. The commuted sums have now been updated and account taken of inflation as at 1 April 2007.

Members discussed the provision of open space as being of paramount importance, and suggested that the approach to commuted sum payments be amended to reflect this. It was highlighted that although commuted sum payments would be required for developments of under 10 dwellings (in accordance with policy L1c of the City of York Local Plan - 4th Set of Changes, April 2005), for developments of 10 or more dwellings, on-site provision would be the preferred option  before commuted sum payments for off-site provision would be considered.  They also discussed the issue of commuted sum payments for open space being carried forward through the LDF process when this supersedes the Local Plan.

RESOLVED :

(i)   That the approach to Commuted Sum payments and the attached note as set out in Annex D to support the application of L1c of the Fourth Set of Changes to the City of York Local Plan be approved;

(ii) That the approach to commuted sum payments document be amended to reflect that the council expects in the first instance, on residential developments of 10 or more,  that open space should be provided on site, and that the second option is commuted sum payments towards off-site provision;

(iii) That the issue of Commuted Sums continue be dealt with via the LDF process.

REASON:

To give certainty, clarity and accountability towards the council’s approach towards requiring commuted sum payments towards open space, and to reinforce the council’s view that open space provision should be provided on site at the first instance.