Agenda and minutes

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

Councillors Reid and Crisp declared a personal and prejudicial interest in agenda items 5a and b (De Grey Grooms, St Leonards Place) as they are both trustees of York Theatre Royal who are intended future users of the building.

To approve and sign the minutes of the meeting of the West & City Centre Area Planning Sub-Committee held on Thursday 17 June 2010.

RESOLVED:             That the minutes of the meeting of the West and City Centre Area Planning Sub Committee held on 17 June 2010 be approved and signed as a correct record.

To consider excluding the public and press from the meeting during consideration of annex A to agenda item 6 on the grounds that this item contains information which is classed as exempt under Paragraphs 6 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006.

RESOLVED:             That Members of the Press and Public be excluded from the meeting during consideration of Annex A to agenda item 6 (Enforcement Cases Update) (Minute 12 refers) on the grounds that it contains information that if disclosed to the public, would reveal that the Authority proposes to give, under any enactment or notice by virtue of which requirements are imposed on a person or that the Authority proposes to make an order or directive under any enactment. This information is classed as exempt under Paragraphs 6 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006

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 the working day before the meeting, in this case 5pm on Wednesday 14 July 2010. 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.

There were no registrations to speak under the Council’s Public Participation Scheme on general issues within the remit of the Sub-Committee.

To determine the following planning applications related to the West and City Centre Area.

Members considered a schedule of reports of the Assistant Director (Planning and Sustainable Development), relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views and advice of consultees and officers.

Use as theatre workshop and ancillary theatre uses including rehearsal space, costume making, costume hire and storage. [Guildhall Ward] [Site Visit]

Members considered a full application from Mr Ian Daniels for use of the building as a theatre workshop and ancillary theatre uses including rehearsal space, costume making, costume hire and storage.

The Chair advised the Committee that Members had not been able to gain access to the building at the planned site visit and suggested that the determination of this application be deferred in order that a site visit could take place first.

RESOLVED:             That the application be deferred to a future meeting.

REASON:                  In order that Members have the opportunity to undertake a site visit before determining the application.

Internal alterations including disabled access, additional sanitary facilities, insertion of mezzanine floor in Oak Room, and removal of bar, stage and suspended laylight in Ballroom.  [Guildhall Ward] [Site Visit]

Members considered an application for Listed Building Consent from Mr Ian Daniels for internal alterations including disabled access, additional sanitary facilities, insertion of mezzanine floor in the Oak Room, and removal of bar, stage and suspended laylight in the Ballroom.

The Chair advised the Committee that Members had not been able to gain access to the building at the planned site visit and suggested that the determination of this application be deferred in order that a site visit could take place first.

RESOLVED:             That the application be deferred to a future meeting.

REASON:                  In order that Members have the opportunity to undertake a site visit before determining the application.

Installation of an air source heat pump to rear elevation [Guildhall Ward]

Members considered a full application from Mr Stuart Blackmore for the installation of an air source heat pump to the rear elevation.

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

REASON:                  The proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to the character and appearance of the conservation area and residential amenity. As such the proposal complies with Policies GP1, GP18 and HE3 of the City of York Development Control Local Plan.

Change of use of highway to form seating area to front of property in connection with existing business [Guildhall Ward] [Site Visit]

Members considered a full application from Mrs Dawn Argyle for the change of use of the highway to form a seating area to the front of the property in connection with the existing business.

Officers recommended an amendment to the reason to draft condition 1 to delete the reference to the conservation area and the circumstances of the land changing in future.

Representations were received from the agent in support of the application. He advised the Committee that the outside seating area would be fully staffed and no smoking would be permitted in this area. He raised concerns that the proposed consent was only for a period of 2 years at which point the owner would need to reapply for permission to extend this term at a cost to her. He pointed out that she would have to buy the tables and chairs but would have no guarantee that at the end of the two years the permission would be renewed.

Officers advised that the proposed 2 year trial period had been proposed due to concerns raised by the police traffic management officer that introducing outside seating would increase congestion and could compromise the evacuation of people from the street in an emergency situation and hinder access by emergency vehicles.

Members noted that as the highways licence would be renewable annually, there was no need for a condition limiting permission to 2 years and agreed that this condition should be removed.

Officers advised that a condition be added requiring the development to commence within 3 years of the date of the permission.

RESOLVED:             That the application be approved subject to the conditions listed in the report, the removal of condition 1 as listed in the report (temporary permission) and the addition of a new condition 1 (development to start within 3 years)

Condition 1

The development shall be begun not later than the expiration of three years from the date of this permission.

Reason: To ensure compliance with sections 91 to 93 and Section 56 of the  Town and Country Planning Act 1990 as amended by Section 51 of the Compulsory Purchase Act 2004.

Reason:                      The proposal, subject to the conditions listed in the report and the additional condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to the character and appearance of the conservation area and highway safety. As such the proposal complies with Policy GP1, HE3 and S6 of the City of York Development Control Local Plan.

Erection of 2no. dwellings with access from St Mary's following demolition of existing garage block [Guildhall Ward] [Site Visit]

Members considered an outline application for the erection of two dwellings with access from St Mary’s following the demolition of an existing garage block.

Officers stated that the applicant had provided them with further information regarding the usage of the parking area and garage as follows. Of the eight garages, one is rented to a part-time member of staff for two days a week, another is periodically used by the school GP and the remainder are vacant. In terms of parking spaces one is used on an occasional basis by a former house master of Penn House who will shortly move out, one is rented to an external tenant who has been given notice to quit and one is rented by a Sixth Form student who is shortly to leave the school.

Officers advised that Condition 6 be substituted with an amended condition relating to surface water drainage works and that additional conditions be proposed relating to the height of the proposed development and the level of the land.

Officers circulated e-mail correspondence from a local resident, who also spoke at the meeting, which drew to the Committee’s attention to issues including the type of application put forward, the development land, parking for future use of Penn House, the height of proposed buildings, the materials which have been proposed and drainage issues. (A copy of this correspondence has been attached to the online agenda published for this meeting)

Representations were heard from a local resident in objection to the application. He made the following points:

• the application land had formed part of curtilage of Penn House for centuries – the land was part of house and gardens so should be dealt with as such.
• Penn House (whether its future use is hotel, offices or dwellings) would have to function without parking, which would impact on residents parking in the area.
• The application is premature until Bootham School come forward with full proposals for Penn House.
• A comprehensive full application is needed rather than an outline application
• The proposed development would harm the conservation area.

Representations were also received from a representative of St Mary’s Conservation Group in objection to the application. He raised the following issues:

• Proposed design creates overdevelopment and harms openness of area  – green artery is lost
• Inadequate parking for each dwelling
• Loss of 7 car parking spaces and 8 garages
• Lack of sustainability features proposed
• Future use of Penn House is unknown – 15 car parking spaces will be lost if application approved therefore no parking for future users of Penn House.
• Scheme does not enhance or preserve existing conservation area.

Representations were also received from the agent in support of the application. He put forward the following points.

• Original proposals for a terrace of three town houses had been reduced in size to the current proposals and design amended.
• York Conservation Area Advisory Panel raised no objections to the proposal nor did the Guildhall Planning Panel.
• Application site is separate from Penn House and it  ...  view the full minutes text for item 11e

Construction of tennis court with 2.75m high mesh fence [Rural West York Ward] [Site Visit]

Members considered a full application from Mr and Mrs Baker for the construction of a tennis court with a 2.75m high mesh fence.

At the applicant’s request, officers drew the Committee’s attention to a copy of an appeal decision in response to a decision made by Guildford Borough Council to refuse an application for the installation of a tennis courts with a 2.75 m chain link fence. The appeal was upheld. Officers also informed Members of a number of precedents which had determined that tennis courts were an unsuitable development in the green belt and provided brief details of these cases.

Additional information from the applicant was circulated to Members including e-mails from the owners of neighbouring properties confirming they have no objections to a tennis court being located in the paddock area, and further drawings showing proposed additional hedging to screen the fence.

Representations were received from the applicant in support of the application. She explained that the tennis court would be located in the field well away from neighbouring houses and would not be viewable from any other vantage point. She advised she was willing to add screening and reduce the height of the fence to 2m if required but stressed that the erection of fence was integral to its use. In respect of the objection from the parish council she stated that the village tennis courts are often fully occupied and at the other end of the village from their house. She explained that her intention was to enable her family and close neighbours to enjoy playing tennis on the court. In response to a query from Members, she confirmed that she did not intend to introduce any lighting to the courts

Officers explained that their recommendation for refusal was because the proposed court was sited outside the domestic curtilage of the building in the green belt and that it would detract from the openness of the green belt. Members discussed the issue of whether the proposed tennis court constituted appropriate development within the greenbelt as it would provide leisure facilities.

Members noted that if the court had been sited closer to the house, within the domestic curtilage, it would impact on neighbouring properties to a much greater extent. Members acknowledged the greenbelt policy but were of the opinion that in this situation where the court would not be in public view, and would be well screened from neighbouring properties, it would not harm the openness of the countryside.

Members discussed the need to condition use of the court to prevent commercial and wider community use and in response to advice from officers agreed that it should be limited to personal use.

RESOLVED:             That the application be approved subject to the following conditions:

1.         The development shall be begun not later than the expiration of three years from the date of this permission.

Reason: To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section  ...  view the full minutes text for item 11f

Members will consider a report which provides a continuing quarterly update on the number of enforcement cases currently outstanding for the area covered by the Sub-Committee.

Members considered a report which provided them with a continuing quarterly update on the number of enforcement cases currently outstanding for the area covered by this Sub-Committee.

RESOLVED:             That the report be noted.

REASON:                  To update Members on the number of outstanding enforcement cases within the Sub-Committee area.