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 interest they might have in the business on the agenda.

Councillor Potter declared a personal non-prejudicial interest in Plans item 4a (Sim Hills, Tadcaster Road, Dringhouses, York) as a member of the York Access Work Sub Group.

Councillor Pierce declared a personal non-prejudicial interest in Plans item 4b (Proposed University Campus lying between Field Lane and Low Lane, A64 Trunk Road and Hull Road, York) as a member of the Heslington East Community Forum and former member of staff and student of the University.

Councillor Jamieson-Ball declared a personal prejudicial interest in Plans item 4b (Proposed University Campus lying between Field Lane and Low Lane, A64 Trunk Road and Hull Road, York) as he had spoken at the Planning Inquiry regarding the outline permission and he left the room and took no part in the discussion or voting thereon. 

Councillor D’Agorne declared a personal non-prejudicial interest in Plans items 4a (Sim Hills, Tadcaster Road, Dringhouses, York) and 4b (Proposed University Campus lying between Field Lane and Low Lane, A64 Trunk Road and Hull Road, York) as the Council’s Cycling Champion and in agenda item 5 (Fulford Road Conservation Area Appraisal: Consultation Draft) as a Ward Councillor and a resident living near the Conservation Area.

Councillor Morley declared a personal non-prejudicial interest in Plans item 4b (Proposed University Campus lying between Field Lane and Low Lane, A64 Trunk Road and Hull Road, York) as a member of the Heslington East Community Forum.

Councillor Simpson-Laing declared a personal prejudicial interest in Agenda item 5 (Fulford Road Conservation Area Appraisal: Consultation Draft) as her parents and other relatives lived within and adjacent to the area covered by this draft appraisal and she left the room and took no part in the discussion or voting thereon. 

Councillor Firth declared a personal non-prejudicial interest in Agenda item 5 (Fulford Road Conservation Area Appraisal: Consultation Draft) as he had served at the Imphal Barracks and was still associated with the mess its Mess.

[As amended at the Planning Committee meeting on 29 October 2009]

To approve and sign the minutes of the Planning Committee meetings held on 27 August 2009.

RESOLVED: That the minutes of the last meeting of the Committee held on 27 August 2009 be approved as a correct record and be signed by the Chair.

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 5.00pm on Wednesday 23 September 2009. 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 reports of the Assistant Director (Planning and Sustainable Development), relating to the following planning applications, outlining the proposals and relevant planning considerations and setting out the views of consultees and officers.

Construction of park and ride facility to create 1,250 vehicle car park space with associated access and passenger terminal building, wind turbine and open space. [Dringhouses and Woodthorpe Ward] [Site Visit]

 Consideration was given to a major full application, submitted by Mr Paul Thackray for the construction of a park and ride facility to create 1,250 vehicle car park space with associated access and passenger terminal building, wind turbine and open space.

Officers updated Members with the following points:

• The Yorkshire Wildlife Trust raised no objections to the proposal but sought reassurance that the drainage scheme would not impact upon the Askham Bog SSSI. They also hoped that the management of the new areas of habitat would be adequately funded and supported;
• The Environmental Protection Unit and the Environment Agency had now responded in detail to the proposal. They raised no objections to the development but they wished to see a number of additional conditions attached to any permission (it is recommended that Conditions 14 and 15 of the Committee report be replaced by the following five conditions):

1.   Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts a to c of this condition have been complied with:

a. Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i)                 a survey of the extent, scale and nature of contamination (including ground gases, where appropriate);

(ii)               an assessment of the potential risks to:

            • human health,

            • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

            • adjoining land,

            • groundwaters and surface waters,

            • ecological systems,

• archaeological sites and ancient monuments;

(iii)             an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

b. Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

c. Implementation of  ...  view the full minutes text for item 17a

Reserved matters application for the erection of catalyst building along with access cycle parking and landscaping [Heslington Ward].

Members considered a major reserved matters application, submitted by the University of York for the erection of a catalyst building along with access cycle parking and landscaping.

Officers confirmed that no comments had been received from Natural England or any additional comments from Highways. They also confirmed that details of the scheme for dealing with the temporary arrangements for surface water from Cluster 1 had still not been agreed with the applicants agent and that the update report, circulated at the meeting covered this point.

Copies of the following information was circulated at the meeting:

• Recommended revised conditions in relation to Conditions 2, 9 and 10:

2. Within three months of commencement of development a detailed landscaping scheme shall be submitted and approved in writing by the Local Planning Authority. The scheme shall illustrate the number, species, height and position of trees and shrubs. The scheme shall be implemented within six months of the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

Reason: So that the Planning Authority may be satisfied with the variety, suitability and disposition of species within the site.

9. Prior to commencement of development, details of foul and surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with these approved details.

Reason: In the interests of the proper drainage of the site.

10. Development shall not begin until either:

(I)     part 2a of the central lake and the outlet control centre, both approved under reserve matters application 08/02543/REMM, have been constructed and are operational to the satisfaction of the local planning authority; or

(II)    details of alternative temporary drainage works have been submitted to and approved in writing by the local planning authority and subsequently constructed in accordance with approved details and are operational to the satisfaction of the local planning authority.

Reason: So that the Local Planning Authority may be satisfied with the proper drainage of the site during construction.

• Plans of the landscaping proposals for Cluster 1 (Western and Central Vistas);
• Overall view of Cluster 1 buildings;
• Perspective of the Catalyst building;
• Details of north and south elevation and proposed materials;
• Details of the developed footprint calculations to September 2009, which gave the cumulative percentage footprint as 5.4% following the relevant submission/approvals to date.

Officers stated that Structures and Drainage were now satisfied with the temporary lagoon arrangements and it was hoped that agreement on a permanent solution would soon be reached.

Representations were received in support of the application from the applicant’s agent. She confirmed that the catalyst building would be used for knowledge transfer for which a Yorkshire Forward European Regional Development Fund Grant had been received.  ...  view the full minutes text for item 17b

This report requests that the draft appraisal of the Fulford Road Conservation area at Annex A is approved for public consultation together with the consultation method proposed.

Consideration was given to a report, which asked the Committee to approve a draft appraisal of the Fulford Road Conservation Area for public consultation. The draft conservation area appraisal was attached to the report at Annex A.

Officers confirmed that the appraisal offered an opportunity to reassess the designated Conservation Area and its boundaries and to evaluate and record its special interest. The appraisal should then provide a basis for making sustainable decisions about the area through the development of management proposals. It was reported that, if approved, public consultation would be carried out based upon methods used for other conservation areas  over a 6 week period.

Officers circulated additional copies of Annex D of the report as the quality of those circulated with the agenda had not sufficiently identified the area concerned. The plan showed the proposed delivery area, the existing Conservation Area boundary and proposed amendments to the Conservation Area boundary.

Officers also reported that in respect of the consultation venues listed under the Consultation section of the report, that the Central Library would be closed from the end of October. However, copies of the draft report would be placed in Fields Fayre shop and the Fulford Arms Public House on Fulford Road.

Members questioned various aspects of the appraisal mainly in relation to the boundaries and Officers confirmed that consideration would be given to any suggested amendments following receipt of consultation responses. Members thanked Officers for the excellent well researched and informative appraisal which would assist future planning in the area.

Consideration was then given to the following options:

Option 1 – approve the draft document for consultation purposes and to approve the method and range of consultation

Option 2 –    amend the draft document and/or change the method and range of the consultation process

Option 3 – do not approve the draft document for consultation

RESOLVED:   (i) That approval be given to the draft Fulford Road Conservation Area Appraisal, as proposed in Annex A, for use as a consultation document.

(ii) That approval be also given to the consultation method proposed. ^1.

REASON:        (i) The document has been prepared in accordance with current guidance from English Heritage. It has adopted a rigorous approach to the assessment of the Fulford Road Conservation Area and as a consultation document it is clearly written and capable of being amended where required.

(ii)              The boundary review has been carried out in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and it has adopted relevant criteria a set out in PPG 15 and also as described in the latest guidance documents from English Heritage.

  (iii) The proposed consultation process would be based on   previous practice.

This report, which has also been presented to the area Sub-Committees, informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate in the 12 and 3 month periods to 31 July 2009.

Consideration was given to a report, which detailed the Council’s performance in relation to appeals determined by the Planning Inspectorate in the 12 month and 3 month periods to 31 July 2009. The report also provided a summary of the salient points from appeals determined in the 3 month period.

Officers confirmed that the report had been prepared in response to a request from Members for a précis of the relevant points of appeals for future reference when considering applications. Officers also confirmed that they would be examining the use of conditions and their refinement for particular applications.

Members were requested for their views on the content, frequency and format of future reports.

RESOLVED:             That the Committee approve Option A to receive quarterly reports with the annex of case summaries as presented. ^1.

REASON:                  So that Members can continue to be appraised of appeal decisions within the City of York council area and be informed of the planning issues surrounding each case for future reference in determining planning applications.