Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

At this point in the meeting, Members were asked to declare any personal, prejudicial or pecuniary interests they may have in the business on the agenda. None were declared.

To approve and sign the minutes of the meeting of the Planning Committee held on 21^st August 2014.

Resolved:           That the minutes of the meeting held on 21^st August 2014 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 on Wednesday 22^nd October 2014. 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.

Filming or Recording Meetings

“Please note this meeting will be filmed and webcast and that includes any registered public speakers, who have given their permission.  This broadcast can be viewed at http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/downloads/download/3130/protocol_for_webcasting_filming_and_recording_of_council_meetings

It was reported there had been no registrations to speak under the Council’s Public Participation Scheme.

Members then considered 2 reports of the Assistant Director (Development Services, Planning and Regeneration) relating to the following planning application, which outlined the proposals and relevant planning considerations and set out the views of the consultees and officers.

A major full application for the erection of 6 Holiday Lodges and wildlife pond together with landscaping works following a change of use of agricultural grass land and change of use of former quarry to public amenity area (resubmission). [Wheldrake Ward] [Site Visit]

Consideration was given to an application (re-submission) by Gary Cooper for the erection of 6 holiday lodges and a wildlife pond, together with landscaping works following a change of use of agricultural grass land and change of use of former quarry to public amenity area.

Officers circulated an update to the committee report, full details of which are attached to the online agenda for this meeting. The main points were as follows:

·        A change to the application description to remove reference to the change of use of a former quarry.

·        A further supporting statement had been received from the applicant’s agent, full details attached to the online agenda for information.

·        In reference to the issue of ‘outdoor sport and recreation’ exception, it is considered that the lodges remain inappropriate as they fail to preserve the openness to the Green Belt.

·        The Committee Report addressed all other issues raised in the applicant’s additional statement.

·        Green Belt Appraisal – A recent Court of Appeal decision, Redhill Aerodrome Limited v The Secretary of State, the judgement does not affect the application and harms identified in the Officer’s report are harms to the Green Belt.

The Council’s Legal Officer spoke to advise Members on the approach to Green Belt policies, in particular that the usual presumption in favour of sustainable development is reversed and there is a strong presumption against new development unless ‘very special circumstances’ for the particular proposal  can be demonstrated The Officer also pointed out that the test relating to the impact on openness does not simply relate to visible impact  of a development  in the Green Belt,   but to the act of enclosing open land by a structure or building.  Full details of the Legal Officer’s briefing are attached to the online agenda for this meeting.

The applicant’s wife spoke in support of the application. She advised that the land in question was redundant and it was intended to bring it back into use for local residents as well as for the proposed Holiday Lodges.

Members asked a number of questions of the agent and officer’s as follows:

·        Further information regarding how the lodges would be fixed to the ground. The applicant’s agent confirmed that there is a variety of systems available including screw-in methods which can be reversed or low impact pad systems. Further research would still need to be carried out if the application was to be approved.

·        Whether the lodges fell within the Caravan Act. Officers confirmed that they do not.

Members then entered debate and made the following points:

·        While the Local Plan is still draft, Members should follow the legal advice given by the Council’s Legal Officer on the Green Belt and refuse.

·        Concern was raised at the number of such applications being made on  Green Belt land.

·        Recent similar applications had been for smaller pods and some Members considered the size of the lodges to be too large.

Following further discussion it was:

Resolved:           That the application be refused.

Reason:              Policies YH9 and Y1  ...  view the full minutes text for item 20.

A major full application for the erection of a five storey hotel with public house/restaurant/retail use to ground floor, single storey drive-through restaurant with associated parking, landscaping and access including extension to James Street/Heworth Green Link Road. [Heworth Ward] [Site Visit].

Consideration was given to a major full application by Tiger Developments for the erection of a five storey hotel with a public house/restaurant/retail use to the ground floor, single storey drive through restaurant with associated parking, landscaping and access including an extension to the James Street/Heworth Green Link Road.

Officer’s circulated an update to the committee report, full details of which are attached to the online agenda for this meeting for information. The main points were as follows:

·        Consultee response - The Environment Agency had provided a revised comment.  The Environment Agency do not object to the proposals and have recommended a condition requiring implementation of the proposals within the Flood Risk Assessment.

·        Additional conditions for drainage, flood risk and land contamination.

The applicant’s agent was in attendance and gave a brief statement in support of the application. He advised that the previous scheme had been unable to go ahead due to the proximity of the gasholders to the site and the Health and Safety requirement for them to be de-commissioned. The new application would move the buildings further away to remove the need for the gas holders to be decommissioned. The applicant was happy with all conditions being placed on the scheme.

Members noted the comments made by the agent and following a brief discussion it was:

Resolved:           That the application be delegated to Officers for approval subject to a legal agreement requiring:

-      Delivery of the final section of the James Street/Heworth Green Link Road.

-      Delivery and maintenance of the Riverside Walk/Cycleway.

-      Contamination bond of £250k to cover the need for remediation works in the event that groundwater contamination occurs.

Reason:              The site is derelict and the proposed scheme will deliver both a river walkway along the Foss and the James Street Link Road, two aspirations within the existing Local Plan. The building would be constructed to meet sustainable construction requirements and there would be no undue harm to amenity, highway safety and flood risk. Proposals constitute the type of sustainable economic growth recommended within the NPPF and there is no evidence that there would be a significant impact on the vitality of the City Centre, as required by the NPPF.

Members expressed thanks to the outgoing Chair Councillor Horton for his services to Planning Committee over the past few municipal years.