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 in relation to the following items:

Plans Item 4a (Land West of Hagg Wood, Broad Highway, Wheldrake)

Councillor Richardson declared a personal and prejudicial interest as he had carried out some work for Mr Hobson, the applicant. He withdrew from the meeting for consideration of this item and took no part in the debate or vote on this application.

Plans item 4b (Royal Masonic Benevolent Institute, Connaught Court, St Oswalds Road)

Councillor Dew declared a personal and prejudicial interest as he made charitable donations to both RMBI and to Connaught Court and also visited Connaught Court. Councillor Cuthbertson also declared a personal and prejudicial interest as he had a business connection with Fulford Parish Council who had been consulted on the application. They both withdrew from the meeting for consideration of this item and took no part in the debate or vote on this application.

Councillor D’Agorne declared a personal non prejudicial interest. He advised Members that the had declared a prejudicial interest in relation to a previously considered application but did not feel he had a prejudicial interest in the application now being considered.

To approve and sign the minutes of the meeting of the Planning Committee held on 17^th March 2016.

Resolved:  That the minutes of the last meeting held on 17 March 2016 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 20^th April 2016. 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 that there had been no registrations to speak under the Council’s Public Participation Scheme on general matters within the remit of the committee. However it had been agreed that Councillor Aspden, Ward Member for Fulford, who had registered to speak on plans item 4b (Connaught Court, St Oswalds Road) on behalf of local residents, would speak at this point in the meeting as he had to leave to attend another meeting before that application would be considered.

Councillor Aspden asked Members to note the large number of consultation responses received due to the following concerns of residents:

·        Impact on traffic congestion on St Oswalds Road and the already busy Main Street and Fulford Road

·        Proposed housing in size and type was not in keeping with character of surrounding area and lack of an affordable element

·        Failure of the scheme to consider the heritage implications of development.

·        Damage caused by loss of important remaining green areas of space, of historic parkland and to the conservation area.

·        No proposals had been put forward to mitigate the harm to the conservation area - one improvement could be to refresh or replace some of play equipment nearby.

Members then considered the following reports of the Assistant Director (Development Services, Planning and Regeneration) 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 outline application for the erection of an agricultural building for egg production. [Wheldrake Ward] [Site Visit].

Members considered a major outline application by Mr Christopher Hobson for the erection of an agricultural building for egg production.

Officers provided a written update, a copy of which has been attached to the online agenda papers for information. They advised that since  publication of the agenda a further 57 representations had been received. The representations reiterated the concerns expressed with regard to the impact of traffic associated with the proposed development along Broad Highway and within Wheldrake Village together with concerns relating to odour, attraction of rats and vermin, archaeology, noise as well as the potential impact on wildlife, the conservation area itself and on watercourses.

In addition  a letter on behalf of  the Parish Council and residents was circulated to Members with concerns ranging from the effect of regular HGV movements on the character of Wheldrake Conservation Area, health and safety issues associated with HGVs using Broad Highway and the local highway network to health risks to the vulnerable and arising from the risk to water contamination and the potential spread of avian flu and the impact on local wildlife. Officers advised that the salient  issues were covered in the existing officer report.

Officers advised that a further letter from a Mr. Newlove had been circulated raising concerns around the wider environmental impact with it not being a free range unit and the site itself being within the Nitrate Vulnerable Zone. Other concerns included the packing and distribution element not being agricultural, the lack of provision for hazardous waste handling and removal, adjoining woodland being omitted from the ecology report,  lack of consultation with local businesses and the safety of residents. Officers responded to those concerns in some detail.

A letter from  Alison Chalk was circulated referring to the ownership of the application site,  financial charges registered against the applicant company and the possibility of  issuing a personal permission . Officers advised that the matters raised in this letter would not affect the Council’s ability to determine the planning application before it.  They stated that a personal consent would not meet the tests for condition and referred Members to the National planning guidance.

Officers informed members that a petition against the development had now  exceeded 2000 signatories.

David Randon, Chairman of Campaign to Protect Rural England (CPRE) York and Selby District Committee and Chair of Wheldrake Parish Council addressed the committee in objection to the application. He asked Members to consider the detailed grounds for objection put forward by CPRE, Wheldrake Parish Council and local residents. He stated that the proposal was for large scale intensive production business which was not compatible with other agricultural operations in that part of the green belt and would be at odds with the most recent draft York Local Plan sustainability objectives.

Ann Boyens, a local resident  stated that Broad Highway was not suitable for use by large vehicles. She advised that there had been a large increase in its use over previous years due to the increase in use of Wheldrake  ...  view the full minutes text for item 92.

A major full application for the erection of 14 dwellings following demolition of existing bowling clubhouse and garage block. [Fulford & Heslington Ward] [Site Visit].

Members considered a major full application by the Royal Masonic Benevolent Institute (RMBI) and Shepherd Homes Ltd for the erection of 14 dwellings following the demolition of the existing bowling clubhouse and garage block.

A letter from Fulford Friends outlining their main reasons of objection and a statement from Lindsay Cowle, Conservation Consultant on behalf of Fulford Friends with regard to the impact of the proposals on heritage assets were circulated to committee members.

Officers provided a written update (full details of which are attached to the published online agenda for information). They advised that additional internal consultation responses had been received from the Planning and Environmental Management (Conservation Architect) who advised that the drawings and documents summarized at 1.2 and 1.3 of the Planning Statement Further Addendum report dated February 2016 did not change the scheme in a way which is significant to heritage interests. Additionally, the Planning and Development Manager, School Services, had advised that as a result of slightly lower per pupil cost multipliers and updated pupil number projections, a revised contribution was sought as follows:

·        £12,147 Primary – towards one additional place at St Oswald’s CE Primary

·        £30, 368 Secondary – towards two additional places at Fulford School

Officers stated that further external responses had been received from Fulford Parish Council who advised that the proposal would cause substantial harm to the Fulford Village Conservation Area and the setting of the Fulford Road Conservation Area and that Development in Area A would dominate and harm the open setting of the former gatehouse for the park which was a listed building. They also felt that the lack of an open space contribution weighed heavily against the proposals in the planning balance and that very few public benefits had been identified and these did not outweigh the harm to heritage assets.

Officers advised that additional representations had been received from Fulford Friends who raised the concerns in relation to misleading comparisons made to the refused 2005 scheme,  misleading references to flooding in the area, the need for a full bat survey, harm to the conservation areas and listed building and harm to the historic setting of York. They advised that the proposals included no affordable housing, that a local green corridor would be interrupted with the loss of habitats, that no open space facilities would be provided on site and that no contribution had been offered towards off-site facilities. A letter outlining their main concerns for objection was circulated to Members.

With regard to further publicity and neighbour notification, Officers informed Members that an additional 15 letters had been received which raised objections similar to those already summarised at paragraph 3.53 of the main report and some new or different points. These included concerns  in relation to capacity on St Oswalds Road and potential for further congestion due to proposed limited parking, increased flood risk to surrounding properties and the wider river corridor as a result of changes in land levels and the introduction of walls, fences and  ...  view the full minutes text for item 93.

A major full application for the installation of solar photovoltaic array with associated infrastructure including kiosks, security fencing, cctv and internal access track. [Wheldrake Ward] [Site Visit].

Members considered a major full application by Kelda Energy Services for the installation of solar photovoltaic array with associated infrastructure including kiosks, security fencing, cctv and internal access track.

Officers advised that should Members be minded to approve the application, as it was both non-residential development of over 1ha in size and was defined as inappropriate development within the Green Belt, and was considered to have a significant impact on the openness of the Green Belt, then the application must be referred to the Secretary of State. Planning permission could not be granted for a period of 21 days following the start of the consultation to allow the Secretary of State to consider whether he would determine the application. (The Town and Country Planning (Consultation) (England) Direction 2009)

Officers advised that, as there had been some uncertainty about the ownership of the hedgerows surrounding the site, that condition 10 (landscaping) should be amended to require that the scheme included details of new hedges or hedgerows to be planted along the inside of the existing hedgerows immediately adjoining the site.

Mr Paul Kelly, on behalf of the applicant Kelda Energy Services Ltd, addressed the committee in support of the application. He explained that the water treatment works was a very energy intensive operation and the company was looking to reduce reliance on carbon energy with a programme of wind, solar and biogas to produce renewable energy. He advised Members that Elvington was the largest water treatment works in Yorkshire and used a lot of energy but if approved this scheme would produce 15% of the works’ demand through renewable energy.

Members enquired as to whether vegetation would be allowed to grow around the panels and how this would be managed. The applicant advised that a bio diversity plan would be in place which would allow natural flora and fauna to flourish. Members were advised that a disposal plan would be put in place for when the units came to the end of their life.

Resolved: 

That the application be approved after referral to the Secretary of State subject to the conditions listed in the report and the amended condition below.

Amended Condition 10 (Landscaping)

No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme which shall illustrate the number, species, height and position of trees and shrubs.  The scheme shall include details of new hedges or hedgerows to be planted along the inside of the existing hedgerows immediately adjoining the site. This scheme shall be implemented within a period of six months of the completion of the development.  Any trees or plants or any parts of the new hedges or hedgerows which during the life-time 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:  To ensure the  ...  view the full minutes text for item 94.

A major full application for the erection of a food store with car park with access off Water Lane.[Rawcliffe & Clifton Without Ward] [Site Visit].

Members considered a major full application by Mr Jason Stowe for the erection of a food store with car park with access off Water Lane.

Officers advised that since the report was written, a detailed landscape scheme in an acceptable form had been submitted and therefore recommended that condition 5 should be amended. They also advised members of amendments to the following recommended conditions:

·        Condition 2 – to substitute plan refs: - 3851-SK6-Rev C, 1439-210 G and SF 2466 LL01 Rev K for the drawings previously included.

·        Condition 10 - to include the wording”excluding the refrigeration unit” after “Details of all machinery, plant and equipment to be installed in or located on the use hereby permitted” as the issue has been addressed in the submitted noise report.

·        Condition 11 – to read  “Prior to development, an investigation and risk assessment (in addition to any assessment undertaken in association with the planning application) shall be undertaken”

·        Condition 24 - the access and parking layout has been revised and as a consequence this condition should be amended to substitute drawing refs: - 210-G and 3851-SK6 Rev C for those previously included.

·        Condition 26 vi) – the list of comparison goods should be amended to delete magazines.

Members noted that at the site visit the general view of members of the public was very much in favour of the application. They asked whether any consideration had been given to putting solar panels on the building. Officers advised that this was not a requirement of policy but the committee agreed that the applicant should be made aware that this was something they would welcome if possible.

Resolved:

That the application be approved subject to the conditions listed in the report and amendments to conditions 2, 5, 10, 11, 24 and 26 vi) as follows:

Amended Condition 2

The development hereby permitted shall be carried out in accordance with the following plans:-

Drawing Refs:-3851-SKA; 1439 210 G; 1439 214B; 1439 213; 1439 215; 1439 211; 1439 212; W635 E200 P1, 3851-SK6-REV-C; SF 2466 LL01 Rev K.

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

Amended Condition 5

The development hereby authorised shall not be undertaken otherwise than in strict accordance with the detailed landscape scheme outlined in drawing ref: - SF 2466 LL01 Rev K within the first planting season following completion of the development.

Reason: To safeguard the visual amenity of the wider street scene.

Amended Condition 10

Details of all machinery, plant and equipment to be installed in or located on the use hereby permitted (excluding the refrigeration unit), which is audible at the boundaries of the nearest residential properties when in use, shall be submitted to the local planning authority for approval. These details shall include maximum sound levels (LAmax(f)) and average sound levels (LAeq), octave band noise levels and any proposed noise mitigation measures. All such approved machinery, plant and equipment shall not be used on  ...  view the full minutes text for item 95.

A major full application for the conversion of first, second and third floors of wings A and B and all floors of wing C from offices to 82 flats (use class C3) and external alterations. [Micklegate Ward] [Site Visit].

Members considered a major full application by Signal Property Investments LLP for the conversion of first, second and third floors of wings A and B and all floors of wing C from offices to 82 flats (use class C3) and external alterations.

Officers advised that it had originally been proposed that all the education contribution would go towards the project to expand Scarcroft School.  However as this project did not currently involve pre-school facilities it was proposed that the pre-school contribution instead be used towards pre-school facilities in the catchment area. It was confirmed that there had not been more than five contributions towards such facilities.

Members questioned whether it was possible to provide a car club bay on site but officers advised that two spaces were available on North Street and that it was not part of the proposals to finance a car club parking space at Hudson House. The applicant’s representatives, who were present at the meeting, were asked to look into the possibility of one car parking space at Hudson House being allocated as a car club space.

Resolved: 

That the application be approved subject to the conditions listed in the report and a Section 106 Agreement.

Reason:    

Giving significant weight to Government priorities in this respect, there are no policy grounds to resist the change of use of the majority of the building and overall the external works will improve the setting.  There would be no harm to designated heritage assets. A Section 106 agreement would secure contributions towards car club membership and drive time, which would be offered to residents of the host building, and towards local education provision at Scarcroft School and pre-school facilities in the catchment area.