Agenda and minutes

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 any personal or prejudicial interests they might have in the business on the agenda.

Councillor Jamieson Ball declared a personal and prejudicial interest in Plans Item 4a (Proposed University Campus Lying Between Field Lane, Common Lane, A64 Trunk Road and Hull Road, York) as he had spoken at the Public Inquiry regarding the outline planning permission for this site. He left the room and took no part in the debate.

To approve and sign the minutes of the meetings of the Planning Committee held on 19^th February 2008 and 28^th February 2008.

RESOLVED:             That the minutes of the meetings held on 19^th February 2008 and 28^th February 2008 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 on general issues within the remit of the Committee.

This item invites Members to determine the following planning applications:

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

Application under Section 73 of the Town and Country Planning Act 1990 for development to take place without compliance with approved plan C (ii) referred to in condition 1 of application 04/01700/OUT and its substitution by an amended plan to increase building slab levels (building heights to remain unchanged) [Heslington Ward]

Members considered an Outline Application, submitted by the Applicant’s agent in relation to the proposed University Campus lying between Field Lane, Common Lane, A64 Trunk Road and Hull Road. It is an application under Section 73 of the Town and Country Planning Act 1990 for development to take place without compliance with approved plan C (ii) referred to in condition 1 of application 04/01700/OUT and its substitution by an amended plan to increase building slab levels (building heights to remain unchanged).

A sketch plan and table were circulated to all Members illustrating the proposed changes to the slab levels. These are attached as an annex to these minutes. The Assistant Director (Planning and Sustainable Development) confirmed the Applicants were not seeking to change the overall height of the proposed buildings. It was noted that, if approved, the changes under Section 73 would be tied in to the original Section 106 agreement.

Representations were received, in support from the Applicant’s agent who also confirmed that the overall height of the proposed buildings would not change and the proposed changes to the slab heights were minimal. The change was requested to allow a greater quantity of rainwater to be stored in the lake in times of high rainfall.

RESOLVED:             That the application be approved subject to the conditions detailed in the report and the Applicant signing a Deed of Confirmation in relation to the Section 106 Agreement.¹

REASON:                  That the proposal, subject to the conditions detailed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to visual appearance, flood risk, neighbour amenity and openness of the green belt. As such the proposal complies with policies GP1, GB1 and GP15a of the City of York Local Plan Deposit Draft.

This report outlines the Council’s criteria for the designation of Sites of Importance for Nature Conservation (SINC’s). It states that the procedures used to identify and ratify such sites are no longer sufficient for present day needs and are in need of updating.

Members considered a report that informed them of:

a.      The criteria by which Sites of Importance for Nature Conservation (SINC) were identified

b.      The way that the Council designated them.

The aim was to update the York SINC System to take account of new legislation and advice and ensure that the Council fulfils its duties towards nature conservation and also takes into account the Local Development Framework (LDF) process.

In relation to the criteria, all existing advice recommends that detailed criteria be established so that sites can be objectively measured and assessed. With regard to designation of sites; the Council’s present SINCs are designated through the local plan process and can therefore be queried through the inquiry. The LDF process is different and requires much greater detail and clarity in the processes involved in identifying and allocating land with an ability to review and update information as necessary. Advice provided through the LDF process, the Planning Policy Statement on Nature and Geological Conservation and from the Department for Environment, Food and Rural Affairs (DEFRA) suggests that a specific SINC or Local Sites Group be established that enables both the community and interested parties to be involved in the process.

It is proposed that the Council uses an established system, set up to deal with North Yorkshire. It is a well tried system and its criteria are constantly reviewed to take account of additional information as it becomes available. However, it does lack the new social criteria suggested in the latest guidance.

Members felt that the Local Sites Group should include a major employer, Parish Councils and a major house builder. City of York Council representatives should be listed under the job title of the post holder as well as by name. It was agreed that the final details of the Local Sites Group be approved by the Chair, Vice-Chair and the Assistant Director (Planning and Sustainable Development).

RESOLVED:             That the following new procedures for SINCs be approved:¹

(i)                 The adoption of ‘The Guidelines for the Selection of Sites of Importance for Nature Conservation in North Yorkshire’ as the basis for designation of wildlife sites within York.

(ii)               The establishment of a SINC (Local Sites) Group for York [final details of membership to be approved by the Chair, Vice-Chair and Assistant Director (Planning and Sustainable Development)].

(iii)             The partnership with the North Yorkshire SINC Panel.

(iv)              The contribution of £1500 per annum to the North Yorkshire County Council to use the guidelines and support the partnership with the North Yorkshire SINC Panel.

REASON:                  In order that the Council complies with new national guidance on the establishment and running of a SINC (Local Sites) system and ensures that it has robust procedures to fulfil its duties under the Natural Environment and Rural Communities Act (NERC Act) and the LDF process.

This report is to request the formal adoption by Members of a validation checklist for use in the registration and validation of planning applications.

Members considered a report that requested they formally adopt a validation checklist for use in the registration and validation of planning applications. As reported to Members at a meeting on 19^th February 2008 the Government is introducing a new standard electronic form for planning applications. Alongside this the Government is introducing new information requirements for the validation of planning applications. Members approved the draft list of validation criteria for consultation at the February meeting.

An update regarding replies received during the consultation period was circulated to Members and is attached as an annex to these minutes.

Members suggested the following minor amendments:¹

(i)                 In relation to site plans and block plans it may be the situation that these can be combined and applicants should seek advice regarding these.

(ii)               That a question regarding an applicant’s employment be added in order to establish whether they have or have had any links with City of York Council (to establish whether the application would need to be heard by one of the planning committees).

(iii)             A footnote be added in relation to ownership of land to state that ‘for the purpose of this requirement ownership includes leasehold interests’.

(iv)              In relation to the section headed ‘Design and Access Statement’ the reference to security and crime prevention should be put in a separate paragraph to indicate its importance.

Members were presented with the following options:

Option A:                  Do not approve and adopt the Validation Checklist (with local criteria)

Option B                   Approve the Validation checklist (with local criteria)

Option C                   Approve the Validation Checklist (with local criteria) with modifications

RESOLVED:             That Option B be approved.²

REASON:                  To meet Government requirements and timescales for the introduction of a single national application form and standard validation criteria.