Agenda and minutes

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

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

Councillor Simpson-Laing declared a personal non prejudicial interest in relation to Plans item 4c (Proposed University Campus Lying Between Field Lane and Low Lane, A64 Trunk Road and Hull Road, York 12/02306/FULM) as her daughter was a member of York Athletics Club.

Councillor D’Agorne declared a personal non prejudicial interest in relation to Plans item 4c (Proposed University Campus Lying Between Field Lane and Low Lane, A64 Trunk Road and Hull Road, York 12/02306/FULM) as a member of the CTC.

Councillor Simpson-Laing also declared a prejudicial interest in relation to Plans item 4d (James Ashton Playing Field, Water End, York 12/02373/FULM) as she was directly affected by the proposed flood alleviation scheme living in close proximity and she left the room and took no part in the discussion or voting thereon. 

Councillor Riches declared a personal non prejudicial interest in relation to Plans item 4d (James Ashton Playing Field, Water End, York 12/02373/FULM) as a tenant of a property in the Leeman Road area. 

Councillor Williams declared a personal non prejudicial interest in relation to Plans item 4f (Land Including Huntington Stadium, to the west of Jockey Lane, Huntington12/02545/REMM) as an employee of Yorkshire Water in view of their extensive requirements for the site.

Councillor Cunningham-Cross declared a personal non prejudicial interest in relation to Plans item 4g (Creepy Crawlies, The Arena, Clifton Gate Business Park, Wigginton Road, York 12/02459/FUL) as a visitor and user of the site.

Councillor Williams declared a personal non prejudicial interest in relation to Plans item 4g (Creepy Crawlies, The Arena, Clifton Gate Business Park, Wigginton Road, York 12/02459/FUL) as an occasional user of the site.

Councillor Ayre declared a personal non prejudicial interest in relation to Plans item 4g (Creepy Crawlies, The Arena, Clifton Gate Business Park, Wigginton Road, York 12/02459/FUL) as his son and daughter were occasional users of the site.

To approve and sign the minutes of the meetings of the Planning Committees held on 26 July 2012 and 23^rd August 2012.

RESOLVED:       That the minutes of meetings of the Committee held on 26 July and 23 August 2012 be approved and signed by the Chair as correct records.

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  5pm on Wednesday 19^th September 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 reports of the Assistant Director (City Development and Sustainability) relating to the following planning applications, which outlined the proposals and relevant planning considerations and set out the views of the consultees and officers.

A Major Full Application for the conversion of 6 townhouses (unit numbers 49,70,71,73,74 and 75) to 12 duplex apartments within Phase 1 of the Hungate redevelopment scheme. [Guildhall Ward]

Members considered a major full application, by Hungate (York) Regeneration Ltd, for the conversion of 6 no. townhouses (unit numbers 49, 70, 71, 73, 74 and 75) to 12 no. duplex apartments within Phase 1 of the Hungate redevelopment scheme.

In answer to a Members question, the applicant’s agent confirmed that all the duplex apartments converted from townhouses in 2011 had now been sold.

Following further discussion it was

RESOLVED:      That the application be approved subject to the conditions outlined in the report.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to: the design of the development, mix of house types / number of units and parking provision.

As such the proposal complies with paragraphs 17, 49 and 50 of the National Planning Policy Framework and Policies GP1, HE2 and H3C of the City of York Development Control Local Plan.

Application to extend time period for implementation of permission 02/03741/OUT as follows:

An outline application to redevelop 4.1ha. of land for residential (720 units), Class B1 business (total floor space 12,062 sqm), Class A1 retail, A3/A4/A5 food/drink uses (total 6,392 sq.m), focal building, enhanced nature reserve/riverside, public spaces, landscaping, car/cycle parking, access routes, bridge to Navigation Road and sewer realignment. [Guildhall Ward].

Consideration was given to a major outline application, by Hungate York Regeneration Ltd, to extend the time period for implementation of permission 02/03741/OUTto redevelop 4.1 ha. of land  for residential, (720 units)  Class B1 business ( total floorspace  12,062 sq. m), Class A1  retail, A3/A4/A5 food/drink uses  (total 6,392 sq. m), focal building, enhanced Nature Reserve/Riverside, public spaces, landscaping, car/cycle parking, access routes, bridge to Navigation Rd and sewer realignment.

Officers updated the following in relation to the application:

·        An Environmental Impact Assessment (EIA) screening had been undertaken for the original application.

·        Timescales detailed for the development to commence, in paragraph 1.2 of the report, were incorrect. The timescales detailed in Condition 1 were the correct dates for application to be made for approval of reserved matters.

·        Paragraph 4.7 listed the variations proposed to the original outline application.

The Applicant confirmed that they were committed to completing the development, despite the current economic climate. He went on to thank both Members and Officers for their support throughout the development.

Members confirmed that, with such a large scheme and the timescales involved, it was not unusual for circumstances to change and therefore

RESOLVED:      That the application be approved subject to the conditions listed in the report.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to:highway and pedestrian safety, the Central Historic Core Conservation and adjacent listed buildings,archaeological deposits at the site, ecology at or adjacent to the site,residential amenity, affordable housing considerations, air quality,noise and construction related disturbance,security and designing out crime considerations,flooding and drainage, sustainability and impact on Local Education provision.

As such the proposal complies with Policies H9,E4,R1 and E5 of  the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies GP1, GP3, GP4, GP6, GP11, HE2, HE9, HE10, T4, T13, T14, T20, H1, H2 a, H3 c, H4, H5, L1(c), C3,NE1, NE2, NE3, NE7, NE8, and ED4 of the City of York Local Plan Deposit Draft.

A Major Full Application for an athletics track and a closed road racing cycle circuit with ancillary parking, lighting and fencing and including re-routing of public right of way. [Heslington Ward] [Site Visit]

Members considered a major full application, submitted by Mr Jon Greenwood, for an athletics track and closed road racing cycle circuit with ancillary parking, lighting and fencing, including the re-routing of a public right of way.

Officers circulated a Committee update and master plan for the site,(a full copy of which has been published with the online agenda for the meeting) the main points of which were:

·        Details of typographical errors in paragraphs 3.9 and 4.14.

·        The applicant had asked that recommended Condition 13, requiring a noise survey be deleted.

·        Revisions had also been requested to Conditions 3, 4, 5, 6, 7 and 8 regarding the time limit for submission of detailed works.

·        Further information on the timing of the pavilion and grandstand proposals.

Members then went on to question a number of points including:

·        YNET’s comments in relation to improving wildlife in the centre of the track.

·        Further information on the timescales for the erection of the grandstand and pavilion.

·        Details of the two options for the diversion of the Public Right of Way.

·        Information on the funding and confirmation that the cycle track would be completed by 31 March 2013.

·        Confirmation received that, prior to completion of the pavilion and grandstand, that the changing facilities provided for the sports pitches would also be available for the sports clubs use.

The Applicants Agent spoke in support of the scheme, particularly in relation to the cycle racing track and its use by local clubs for cyclists at all levels. Confirmation that this would provide a top class sports facility and that the Ramblers Association had no objections to diversion of the PROW around the perimeter of the track.

Following further discussion Members thanked both the University and Officers for their work in providing an impressive facility for the city.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the following amended conditions:

Delete Condition 13 (Noise Survey)

In Conditions 3, 4, 5, 6, 7 and 8 – replace the words ‘within three months of planning permission being granted’ with ‘within three months of the commencement of work on any phase of the approved proposals.’  

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to the principle of the use, visual amenity,  landscaping, environmental protection, transport, drainage, and provision of leisure facilities.  As such the proposal complies with the National Planning Policy Framework and policies ED9, GP1, GP9, GP15A, NE1 and L1a of the City of York Local Plan.

A Major Full Application for the Water End Flood Alleviation Scheme, incorporating the following elements:

The construction of a flood wall along the crest of Water End road embankment; construction and operation of a demountable flood defence barrier across the east entrance to Landing Lane from Water End; raising the existing Leeman Road earth flood defence embankment; construction of a new earth flood defence embankment extending from the Leeman Road embankment to Cinder Lane; construction of two flood walls and a ramp at Cinder lane; establishment and use of one main temporary construction compound, two satellite compounds, material storage areas and haul routes; reinstatement of construction working areas; and associated landscaping works. [Holgate Ward] [Site Visit]

Consideration was given to major full application, submitted by Ms Helen Tattersdale, for the Water End Flood Alleviation Scheme, incorporating: construction of a flood wall along the crest of Water End road embankment; construction and operation of a demountable flood defence barrier across the east entrance to Landing Lane from Water End; raising the existing Leeman Road earth flood defence embankment; construction of a new earth flood defence embankment extending from the Leeman Road embankment to Cinder Lane; construction of two flood walls and a ramp at Cinder Lane; establishment and use of one main temporary construction compound, two satellite compounds, material storage areas and haul routes; reinstatement of construction working areas; and associated landscaping works.

Officers presented a Committee update, full details of which have been published online with the agenda for the meeting, the main points of which were:

·        Paragraph 4.19 related to a resident’s concerns regarding access by intruders to her property. The applicant now proposed to discuss possible options to alleviate the concerns.

·        Paragraph 4.12 questioned the need to erect a rail along the top of the flood wall along Water End. The EA had reviewed the need and would confirm their findings in a Public Safety Risk Assessment prior to confirmation of the final design.

·        A request had been made for the deletion of the steps proposed over the embankment at Lincoln Street. The applicant had agreed to replace these with a gradual ramp.

·        It had been recommended that all the above were made a condition of approval.

·        For the avoidance of doubt the end-use proposals for the bowling green and BMX track, post construction, would be agreed in consultation with local residents and groups.

·        The Council’s Countryside Officer had no objections to the proposals.

·        Revisions to the list of plans for approval.

Members went on to question a number of points including:

·        Further information on the ‘demountable’ flood barriers.

·        YNEP’s suggestion of a green bund with underlying concrete structure rather than a brick wall along Water End. Officers confirmation that this was not feasible owing to there being insufficient distance between the road and river.

·        Reassurance that adequate warning would be given by the EA of the need to erect flood barriers on Landing Lane.

Following further discussion, Members expressed their pleasure in supporting the provision of new flood defences for York and in particular for the residents of the Leeman Road area.

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

Amended Condition 2 – The development hereby permitted shall be carried out only in accordance with drawings 108983-00000/C, 108983-00001/C, 108983-00002/C, 108983-00003/C, 108983-21001/C,108983-21002/D, 108983-24001/D, 108983-24002/C, 108983-24003/C, 108983-80001/A, 108983-80002/A, 23001/C, 23002/C, 23003/C, 23004/C, River Ouse map1-email.mpd, 108983-22001/C, 108983-22002/C, 108983-22003/C, 108983-22004/C, 108983-81001/A, 108983-81002/A, 108983-81003/A, 4.7.5a, 4.7.5b and 4.7.5c

Additional Condition: Notwithstanding the approved plans the following proposed works shall not be erected until details have been submitted to and approved in writing by the local planning authority.   The works shall be carried  ...  view the full minutes text for item 15d

A variation of condition 2 of planning permission 09/02294/FULM to alter the layout of the park and ride facility. [Rural West York Ward] [Site Visit]

Consideration was given to a major full application, submitted by City of York Council, for the variation of condition 2 of planning permission 09/02294/FULM to alter the layout of the park and ride facility.

Officers reported that the plan reference in recommended  Condition 24 in the report should read BBHAEL501 Rev J.

Following discussion Members confirmed their support for this long awaited Park and Ride scheme.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the amendment of the plan reference in Condition 24.

REASON:            In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the open character and purposes of designation of the York Green Belt, appropriateness of the location of the proposal and impact upon highway safety and the free flow of traffic along the A59 and adjoining roads. As such the proposal complies with Policy YH9 and Y1C of The Yorkshire and Humber Plan, policies GB1; SP8; GP1; GP3; GP4a), GP9 and T6 of the City of York Development Control Local Plan and Government policy contained within Planning Policy Guidance note 2 'Green Belts'.

A Major Reserved Matters application for details of appearance, landscaping, layout and scale of mixed-use development comprising, the demolition of existing buildings and the erection of a 6,000 seat community stadium with conference facilities (use class D2) and community facilities (use classes D1 non-residential institution, D2 assembly and leisure and B1 office), retail uses (use class A1), food and drink uses (use classes A3/A4 & A5) recreation and amenity open space, with associated vehicular access roads, car parking, servicing areas and hard and soft landscaping granted under outline permission 11/02581/OUTM. [Huntington & New Earswick Ward].

Members considered a major reserved matters application, submitted by Oakgate (Monks Cross) Ltd, for details of appearance, landscaping, layout and scale of mixed-use development comprising, the demolition of existing buildings and the erection of a 6,000 seat community stadium with conference facilities (use class D2) and community facilities (use classes D1 non-residential institution, D2 assembly and leisure and B1 office), retail uses (use class A1), food and drink uses (use classes A3/A4 & A5) recreation and amenity open space, with associated vehicular access roads, car parking, servicing areas and hard and soft landscaping granted under outline permission 11/02581/OUTM.

Officers circulated an update, the full details of which have been attached to the online agenda for the meeting, the main points of which were:

·        The development description in the report was incorrect and did not include the stadium and proposed uses.

·        Revised list of modified plans.

·        Condition 3 has been reworded to confirm that the ground surface materials were also covered in this condition.

·        Comments had now been received from Highway Network Management which were reported in relation to the internal pedestrian and cycle access, cycle and car parking.

·        Confirmation that work was ongoing with the applicant’s to devise an acceptable scheme for the community open space plaza. Condition 3 required the applicants to agree the detailed design for this space with the Local Planning Authority.

Members then went on to comment on and question a number of aspects of the application including: 

·        Confirmation that the Yorkshire Water Authority conditions were already covered in the outline application

·        Details of the cycle strategy, particularly in respect of the pedestrian boulevard

·        Car share spaces, confirmed as parking for vehicles which contained more than one occupant

Representations in support of the application were then made by the Applicant who was accompanied by colleagues to answer member’s questions on technical issues. He reported on the progress of the development and consultation undertaken. It was confirmed that occupiers of the large retail units were close to legal agreement and that Heads of Terms were in place for the restaurant outlets.  Thanks were offered to Officers and Members for their support with this challenging project.

Members confirmed their support for the well thought out scheme and speedy submission of the reserved matters application.

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

Amended Condition 1 - Site Layout 2009-216/GEN/100 L, 2009-216/GEN/890A Servicing Site Wide Proposal, 2009-216/GEN/820C Fences and Barriers, 2009-216/GEN/100/Cycles Rev A Cycle Strategy, 2009-216/GEN/810B Proposed levels

-      Landscaping Plans - 9010-019-136E - 9010-019-137E - 9010-019-138G - 9010-019-139F - 9010-019-140F - 9010-019-141F

-      Unit A - 2009-216/ZONE A/201L Ground Floor Plan, 2009-216/ZONE A/202H First Floor Plan, 2009-216/ZONE A/203M Roof Plan, 2009-216/ZONE A/210R Elevations, 2009-216/ZONE A/350E GA Sections, 2009-216/ZONE A/890D Delivery Area and Swept Path

-      Unit B - 2009-216/ZONE B/201G Ground Floor Plan, 2009-216/ZONE B202C First Floor Plan, 2009-216/ZONE B/203B Roof Plan, 2009-216/ZONE B/210D Elevations,2009-216/ZONE B/350D GA Sections

-      Unit C - 2009-216/ZONE C/201Q Ground Floor  ...  view the full minutes text for item 15f

A Full Application for the change of use of part of a reception building to a childcare facility, including outdoor space. [Haxby and Wigginton Ward] [Site Visit]

Consideration was given to a full application, submitted by Mrs Janice Dunphy, for the change of use of part of the reception building to childcare facility including outdoor space.

Officers updated with the following information, full details of which are attached to the online agenda:

·        Clarification that the area shown on the submitted plan showed the full extent of the nursery’s outdoor play space.

·        Details of an additional condition specifying that the development should be carried out in accordance with the approved plans.

The applicants agent spoke in support of the development referring to the wide range of activities and experiences already offered at the site which had proved popular with local residents. Reference was also made to the shortage of nursery places in the area which the development would help address.

Representations were received from a representative of Wigginton Parish Council who raised concerns in respect of traffic issues including highway safety and the lack of safe pedestrian access both on and off the site. Reference was also made to the piecemeal development of the site and a request made for an overall plan and a Section 106 agreement.

A number of members expressed concerns at the increase in traffic this proposal would generate with access via a busy road close to an existing roundabout.

Officers confirmed that work had been carried out to help access to and from the site and that it was felt that, as the current proposal was relatively minor, it would not have a material impact on the operation or safety of the adjacent highway. Officers did however confirm that they would undertake further discussions with the Parish Council and landowner in an effort to improve access arrangements.

Following further discussion it was

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

Condition 2: The development hereby permitted shall be carried out in accordance with the approved plans 005/G and 006/B received by the council on 10 July 2012.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to impact on the green belt, highway safety and provision of nursery facilities.  As such the proposal complies with the National Planning Policy Framework and policies GP1, GB3 and C7 of the City of York Draft Local Plan.