Agenda and minutes

The following sites were 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.

Councillor Pierce declared a personal non-prejudicial interest in Plans Item 4a (Works, Carmelite Street, York) as he had suggested the Architects who were involved in this scheme for the second phase of the Hungate development.

Councillor R Watson declared a personal non-prejudicial interest in Plans Item 4b (Land Lying to the South of York Designer Outlet, St Nicholas Avenue, York) as Charles Forbes Adam of Escrick Park Estate, who had submitted a letter of objection to this application, was known to him.

Councillor Moore declared as personal and prejudicial interest and stood down for Agenda Item 5 (Skelton Village Design Statement for Approval as an Interim Planning Statement) under the provisions of the Planning Code of Good Practice and spoke from the floor as he had chaired the Skelton Village Design Statement Steering Group.

To approve and sign the minutes of the last meeting of the Planning Committee held on 2 October 2008.

RESOLVED:             That the minutes of the last meeting of the Committee held on 2 October 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 at the meeting 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.

Six storey office building with plant room above, basement parking and landscaping. [Guildhall Ward] [Site Visit]

Members considered a major full application, submitted by Queens House Joint Venture, for a six storey office building with plant room above, basement car parking and landscaping.

Officers displayed drawings of the Hungate masterplan in relation to the heights of the surrounding buildings and updated the Committee with the following information:

• The outstanding objection from the Environment Agency regarding the basement flooding protection had now been withdrawn;
• Following consultation no response had been received from the Planning Panel.

Representations in support of the application were received from the applicant’s Architect who stated that their client had been interested in providing a low energy building on this site. He confirmed that they were hoping to provide a high quality work environment, which would reach a BREEAM rating of excellent. He went on to detail how the building would provide an energy efficient working environment and include a green roof covering the footprint of the building.

Members confirmed their support for this imaginative scheme and the materials to be used and questioned the following aspects:

·        Proposed piling works and ground source heat pumps and their affect on archaeological remains;

·        Proposed method of piling to cause least vibration and disturbance for neighbours;

·        Affect on surrounding streets of the low level of car parking proposed;

·        The self cleaning attributes of the materials to be used on the outside of the building;

·        Cycle parking security.

RESOLVED:             That the application be approved, subject to the conditions listed in the report and the following additional conditions and informatives;

36           All piling operations shall be carried out using the method likely to produce the least vibration and disturbance.  Full details of the dates, times and duration of operations shall be submitted to, and agreed in writing by, the local planning authority before any piling operations are begun.  When considering piling operations regard should be given to BS 5228:1997.

37           No development shall commence unless and until details of highway improvements within the Foss Basin area have been submitted to and approved in writing by the Local Planning Authority, or alternative arrangements to secure highway improvements have been entered into with the Local Planning Authority.  The highway improvements shall thereafter be carried out in accordance with the approved scheme or with the alternative arrangements, as agreed in writing by the Local Planning Authority, prior to first occupation of the development.

INFORMATIVE:

The alternative arrangements of the above condition could be satisfied by the completion of a Planning Obligation made under Section 106 of the Town and Country Planning Act 1990 by those having a legal interest in the application site.  The obligation would require a financial contribution towards the off-site highway improvements within the Foss Basin Area.  The Obligation should provide for a financial contribution calculated at £25,600, using the approved methodology within the Master Plan Study.

No occupation can take place on this site until the highway works have been completed to the satisfaction of the Local Planning Authority, or the financial contribution arrangements complied with. You are  ...  view the full minutes text for item 32a

Erection of Class A1 Garden Centre and ancillary food hall and restaurant, including outdoor display areas, car parking and landscaping (resubmission). [Fulford Ward] [Site Visit]

Consideration was given to a major full application, submitted by Dobbies Garden Centres Plc, for the erection of a Class A1 Garden Centre and ancillary food hall and restaurant, including outdoor display areas, car parking and landscaping (resubmission).

Officers referred to the following updates, which had been circulated at the meeting:

·        Officers update which confirmed that the Environment Agency had withdrawn their objections to the scheme subject to the imposition of a condition, that the Highway Agency, a précis of the letters received for Visit York, a nearby landowner and from an interested party objecting to the application. The update also referred to additional correspondence received from the applicant earlier in the year which had explained their desire to create an ‘environmental exemplar’ development with the erection of the first timber framed garden centre in the UK;

·        Email from the Local Member, objecting to the application on behalf of local residents and support the Officers recommendation for refusal;

·        Email from John Grogan, MP for the Selby Constituency, expressing support for the garden centre, which would be situated adjacent to an existing shopping centre, that it was unlikely to add to peak time traffic and the employment offered.

·        Letter from Charles Forbes Adam an adjacent landowner of the Escrick Park Estate expressing support for the Officers recommendation for refusal.

·        Letter from the Chairman of Visit York who whilst recognising that the site was currently designated as Green Belt believed that the key green and sustainable features offered by the applicant should allow the Committee to give special consideration to the proposals.

·        Officer’s response to a letter, dated 21 October 2008, sent to all Committee members by GVA Grimley, which referred to a number of omissions, and inaccuracies, which they felt, was contained in the text of the Officers report.

·        Plan showing the site covered by the original Fulford and Naburn Hospitals and that now taken up by the Designer Outlet.

Officers stated that the applicant had now confirmed that the development would generate 60 full time and 60 part time jobs and they went on to give an appraisal of the job situation in the city at the present time. They also reminded Members that the development was classed as inappropriate in the green belt as it did not fit with any of the categories which were acceptable so very special circumstances were required to justify the development. The key issue was therefore were there any very special circumstances and if so did they outweigh the harm associated with this development.

Representations were then received from a representative of the York Natural Environment Trust (YNET) who stated that the garden centre proposal would he felt be an inappropriate visual element in the Green Belt which would destroy farmland and an important old orchard. He felt that if permission were granted that it would set a precedent and he strongly requested the Committee to reject the application.

Representations were also received from the Chief Executive of Dobbies Garden Centres Plc the applicants,  ...  view the full minutes text for item 32b

This report presents a summary of the responses received following consultation on the Skelton Village Design Statement. As a result of the consultation a number of amendments are proposed and the Committee are requested to approve the document as an Interim Planning Statement to the draft local Plan (as amended).

The document would then become a material planning consideration when considering planning applications for development in Skelton.

Members received a report, which presented a summary of the responses received following consultation on the Skelton Village Design Statement. As a result of consultation a number of amendments were proposed and the Committee were requested to approve the document as an Interim Planning Statement to the draft Local Plan (as amended).

The Village Design Statement was attached to report with the consultation changes (Annex 1) together with a schedule of responses received to consultation (Annex 2). Officers confirmed that the document would become a material planning consideration when considering planning applications for development in Skelton.

Officers confirmed that the Statement had been amended in light of comments received but that additional comments had now been received from the Internal Drainage Board but that, at this stage, it was not proposed to make any additional amendments other than minor changes to the maps and plans at the print stage.

Councillor Moore, spoke as Chair of the Skelton Village Design Statement Steering Group and requested that his thanks be conveyed to the Community Planning Team for their support in the preparation of the Village Design Statement. 

The Chair also thanked all those involved in the production of this useful and comprehensive well illustrated document. 

Members then considered the following:

Option 1 to approve the VDS as an Interim Planning Statement.

Option 2 to request the Skelton VDS group to amend the document.

Option 3 to not approve the VDS as an Interim Planning Statement.

RESOLVED: That the Skelton Village Design Statement be approved as an Interim Planning Statement with the document being used as a material planning consideration when considering development in Skelton.

REASON:                  The document follows other Village Design Statement’s that have been agreed; observing the general guidance and principles required in their production, whilst successfully defining the individual qualities of Skelton as a village and bringing forward appropriate Design Guidelines.