Agenda and minutes

Members were asked to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Councillor Williams declared a personal and prejudicial interest in item 4b (The Abattoir, Murton Lane, Murton) as he is employed by Yorkshire Water and Yorkshire Water were consulted on the application. He advised Members he would abstain from the vote regarding condition 5 (Surface Water Drainage).

Councillor McIlveen declared a personal non prejudicial interest in agenda item 5 (Public Consultation on Draft Supplementary Planning Guidance) as a member of York Residential Landlords Association.

To approve and sign the minutes of the last meeting of the Planning Committee held on 19 January 2012.

RESOLVED:             That the minutes of the last meeting of the Committee held on 19 January 2012 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 5.00pm on Wednesday 15 February 2012. 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.

Members considered the report of the Assistant Director (Planning and Sustainable Development) relating to the following planning applications, which outlined the proposals and relevant planning considerations and set out the views of the consultees and officers.

Erection of garden centre retail development incorporating restaurant/cafe and farm food hall with associated access, landscaping, car park, outdoor display areas and hand car wash. [Rural West York Ward] [Site Visit]

The Committee considered a full major application (13 weeks) submitted by  Dobbies Garden Centre Ltd for the erection of a garden centre retail development incorporating a restaurant/cafe and farm food hall with associated access, landscaping, car park, outdoor display areas and a hand car wash.

Officers stated that a revised landscaping plan had been submitted in response to the Landscape Architect’s comments and the landscape architect had noted that there would be some loss of existing trees on site but these would be compensated by new tree planting. However the scheme would   benefit from an increased population of larger species trees such as Oak and Ash. He stated that the aesthetics of the scheme remain unsatisfactory on Opus Avenue, although to a degree this was out of the applicants control, it would be beneficial to achieve greater planting within this location.

Officers also reported that the Environmental Protection Unit had requested a condition to prevent noise issues during the operation of the proposed development and asked for further information regarding the air quality impact by virtue of the nearby dwellings. They had agreed with the applicant that the provision of electric vehicle recharge points could be dealt with through the green travel plan.

Officers advised of the following amendments to the proposed conditions

·        Condition 1 – replacement drawing number

·        Condition 3 – Figure for on-site renewable energy sources should read 10% not 5%

·        Condition 11 – re landscaping scheme -  insert drawing number SB/YK/P/01 Revision C received 30 January 2012

·        Condition 18 should read “the cafe/restaurant, including the kitchens, shall not exceed in floor area 1010 sqm specified on drawing number 1858(PL)308.

·        Condition 19 – remove second part of condition (referring to specialist foodstuffs) as it is not considered reasonable in accordance with the tests set out in Circular 11/95

·        Condition 20 – reworded to include conditions 17 and 26. Some goods have been restricted as they are considered ancillary rather than primary goods of a garden centre. Internal floor area differs slightly to that specified in report as floor area of potential eco-department was not included.

·        Conditions 17 and 26 removed as they are now included in condition 20.

Officers advised that standard condition VISQ8 (external materials) and a condition for fencing should also be added.

It was noted that following the site visit and chair’s briefing, the following alterations were requested: a dedicated taxi bay; moving the cycle shelters close to the front entrance; and widening of the pedestrian footway to accommodate both pedestrian and cycle traffic. Members were advised that the applicant had declined to alter their proposals.

[A full copy of the officers’ update has been published online with the agenda  on the Council’s website.]

Representations were received from the agent of a local garden centre in objection to the application. He agreed that the revised conditions were helpful but didn’t go all the way to meeting his concerns which included the  use of the 20 minutes drive time for the retail assessment, and the  ...  view the full minutes text for item 39a

Development of a new abattoir and food production facility with associated landscaping and access following demolition of existing abattoir [Osbaldwick Ward] [Site Visit]

The Committee considered a full application submitted by Mr Tom Kirwan for the development of a new abattoir and food production facility with associated landscaping and access following the demolition of the existing abbatoir.

Officers provided the Committee with an update on the following issues

·        Highways Issues - Officers advised the Committee that comments had now been received from the council’s highways officers who have no objection to the proposals subject to some additional conditions being attached and in particular, submission of a method of works statement and details of visibility splays, both of which have been agreed by the applicant. The Cabinet Member had asked that the number of cycle parking spaces be increased to match the current usage (30% of staff currently cycle to work) which would require 57 spaces. Highways officers have advised that to take into account shift working, 40 spaces should be provided initially (increased from 25 proposed) which has been agreed by the applicant.

·        Habitat Mitigation - Officers advised that, with regard to theapplicant’s proposals for mitigating the loss of trees, hedges and other habitats, the Cabinet Member has asked that further mitigation be provided.  Officers have extensively investigated the possibilities for providing additional mitigation on site, immediately adjacent to the site or elsewhere but there is no opportunity for this within the site.

·        Landscaping - With regard to landscaping details, which are required as a condition of approval, officers advised that for the avoidance of doubt an informative should be added to Condition 8 (Landscaping) making clear that the council expects the landscaping scheme to include large-species, semi-mature trees and wildflowers. Officers advised that the Cabinet Members had also asked that Condition 8 be strengthened to require the proposed screening along the south-west boundary to be provided permanently. The condition as drafted implies that the agreed landscaping scheme would be retained permanently and requires that any trees that die or are removed during the first five years following completion are replaced, but that requiring the landscaping scheme to be retained in perpetuity is likely to be an unreasonable requirement. 

·        Operating Hours - Officers have agreed with the applicant the operating hours of the new plant (the hours of the existing plant are uncontrolled) and the agreed hours will be made a new condition of approval.

·        Sustainability - The applicant has accepted the council’s suggested condition that 10% of energy should be produced on site from renewable sources. 

 [A full copy of the officers’ update has been published online with the agenda on the Council’s website.]

Therefore officers confirmed the following additional conditions would be required.

·        HWAY 10    Details of vehicular areas to be approved

·        HWAY 14    Access details to be approved

·        HWAY 31    No mud on highway during construction

·        HWAY 40    Dilapidation survey to be carried out.

·        Details of proposed visibility splays to be submitted and agreed

·        Method of Works statement to be submitted and agreed

·         Operating Hours to be specified as 0600-2400 Mon to Fri and 0600-1700 Sat.

They advised  ...  view the full minutes text for item 39b

This report informs members that the Council is currently out to public consultation on the following draft Supplementary Planning Documents (SPD’s):

·          Controlling the Concentration of Houses in Multiple Occupation

·          Subdivision of Dwellings

·          House Extensions and Alterations

The Committee considered a report which informed them that the Council was currently out to public consultation on the following draft Supplementary Planning Documents (SPDs):

·        Controlling the Concentration of Houses in Multiple Occupation

·        Subdivision of Dwellings

·        House Extensions and Alterations

Officers clarified that this item had been included on the agenda to raise awareness amongst Members about the ongoing consultation process and to give them the opportunity to view the three draft documents. They responded to issues raised with regard to the documents and requested comments to be made through the consultation process.

RESOLVED:            

(i)         That it be noted that the three SPDs are currently out to public consultation between 23 January and 5 March 2012.

(ii)        That, if Members of the Committee wish to make comments on the draft documents, these should be made directly to officers.

REASON:

To give Members of the Planning Committee the opportunity to comment of the SPDs if required.