Agenda and minutes

The following sites were inspected before the meeting.

At this point, 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 disclosable pecuniary interests they might have in the business on the agenda.

Councillor Funnell declared a personal interest in plans item 4a (Oliver House, Bishophill Junior) as she is a trustee of York Council for Voluntary Services.

Councillor Jeffries declared a personal interest in plans item 4a (Oliver House, Bishophill Junior) as she has been involved with the proposals. She advised the Committee that while she was supportive of the proposals, she would make her decision on the application based on planning guidance.

Gareth Arnold (Team Leader, Development Management) advised that committee that as he knew the architect for the Oliver House application he would not be offering planning advice to Members on that application but that another planning officer would respond to Members queries in his place.

To approve and sign the minutes of the meetings of the West & City Centre Area Planning Sub-Committee held on 5 December 2012 and 10 January 2013.

RESOLVED:  That the minutes of the meetings of the West and City Centre Area Planning Sub-Committee held on 5 December 2012 and 10 January 2013 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 the working day before the meeting, in this case 5pm on Wednesday 13 February 2013.  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 under the Council’s Public Participation Scheme on general issues within the remit of the 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.

Change of use from elderly peoples home (Use Class C2) to offices and workspace and erection of single storey front and rear extensions.  [Micklegate Ward] [Site Visit]

Members considered a major full application (13 weeks) from Ms Angela Portz for the change of use from an elderly people’s home (use class C2) to offices and workspace and the erection of single storey front and rear extensions.

Officers advised that since the committee report had been written, further responses in respect of the proposal had now been received from Micklegate Planning Panel, the conservation officer and the Conservation Area Advisory Panel.

Micklegate Planning Panel raised no objection in principle but expressed concern in respect of the design of the extension on the front elevation and the proposed introduction of parking on the front Bishophill Junior street elevation.

Design, Conservation and Sustainable Development had expressed concern in respect of the loss of landscaping and introduction of car parking on the Bishophill Junior street elevation and in respect of the design of the proposed ground floor extension on the main street elevation and whitewashing of the ground floor. They felt this  would draw attention to the building within the wider streetscape and would be alien to the treatment of adjacent buildings.

York Conservation Area’s Advisory Panel raised no objection in principle to the proposal but expressed concerns in relation to the proposed treatment of the Bishophill Junior elevation of the building which they felt would draw attention to it as well as increasing the need for and cost of maintenance. Concern was also expressed in relation to the loss of landscaping and introduction of car parking along the Bishophill Junior elevation.

Officers advised the Committee that the applicant had now amended the application details to remove the parking area from the Bishophill Junior frontage of the site. They recommended that Members consider additional conditions which would require the applicant to submit a travel plan for approval and also submit details of bin and cycle storage for approval.

Representations were received from Angela Portz, Chief Executive of York Council for Voluntary Services in support of the application.

·         local support groups have suffered from issues around unsuitability of space and uncertainties over tenure in respect of current locations.

·         22 groups are interested in using the building.

·         This project supports the voluntary sector who play an important role in supporting vulnerable people through early intervention.

·         Proposals will enable more people to be supported through community based resources and will enable groups to share costs, procurement and back offices services

·         Proposals provide office accommodation and flexible spaces for delivery of services

·         We have worked closely with 22 organisations and have acquired detailed info on their requirements to ensure internal space can be configured to best use. 

·         Proposals will bring new life to area – with other voluntary organisations based close by, it will bring approx 40 charities together in this part of the city – creating a kind of voluntary quarter

In response to a query as to whether parking would be adequate, she cited Priory Street as an example of limited parking and explained that people make other travel plans if parking is  ...  view the full minutes text for item 50a

Erection of porch to front [Acomb Ward]

Members considered a full application from Mr and Mrs Chris Gunnee for the erection of a porch to the front of the house.

RESOLVED:             That that 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 effect on residential amenity and the impact on the street scene. As such the proposal complies with Central Government advice contained within the National Planning Policy Framework (March 2012), policies GP1 and H7 of the City of York Development Control Local Plan and the 'Guide to extensions and alterations to private dwelling houses' Supplementary Planning Guidance.

Change of use from shop (Use Class A1) to mixed use comprising retail, restaurant/cafe and drinking establishment. [Guildhall Ward] [Site Visit]

Members considered a full application from Mr and Mrs Rachel Greaves for the change of use from a shop (use class A1) to mixed use comprising retail, restaurant/cafe and drinking establishment.

Officers advised that condition 8 (extraction and ventilation system) should be amended to refer to details submitted by letter dated 14 December 2012 including Annexe A and that informative 3 should also be amended accordingly to reflect this.

Representations were received from Mrs Erica Hammill in support of the application. She made the following comments:

·         Store has stood empty for a year – not generating any income – needs injection of cash and tender loving care.

·         Proposals embrace historic value of the building and will help to revitalise this corner of York and encourage trade down Fossgate/Walmgate. They will save a much loved and iconic building.

·         Development will deliver economic uplift to York through creation of jobs – using local craftsmen and employing local staff. Local companies will be supported through the supply chain.

Members noted that the retail area would wrap around the corner of the building and would be visible from the pavement. They acknowledged that regenerating the building was a big task but agreed that the proposals would be good for the building and the city as a whole noting that Fossgate/Walmgate have become a niche street for food and eating with a number of small interesting restaurants.

In response to a query regarding the application for listed building consent, officers advised Members that if they wanted it to be considered by the committee, they would need to call it in as per normal procedure.

RESOLVED:             That the application be approved subject to the conditions listed in the report and the amended condition and informative below:

Amended Condition 8

Adequate facilities shall be provided for the treatment and extraction of odours, fumes and gases created by cooking in association with the development, such that there is no adverse impact on the amenities of local residents by reason of fumes, odour or noise.

The extract and ventilation system shall accord with the details submitted by letter dated 14 December 2012 including annexe A and it shall be installed and fully operational before the proposed use first opens and shall be appropriately maintained thereafter.

Any alterations to the system shall be submitted to the local planning authority for approval.

Reason: To protect the living conditions of adjacent residential occupiers and the amenities of local businesses in accordance with Policies S6 and GP1 of the Development Control Local Plan.

Amended Informative 3

It is recommended that the applicant refers to the Defra Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems for further advice on how to comply with this condition.

You are advised that the system proposed would only be appropriate for the level and type of food outlined in your letter dated 14 December 2012.

For the avoidance of doubt any material alterations to the external appearance of the building cannot be approved  ...  view the full minutes text for item 50c