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 invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Councillor Reid withdrew from the room during consideration of agenda item 4b (42 Stonegate, York) under the provisions of the Planning Code of Good Practice, as she had considered a licensing application for the premises as a member of a Licensing Sub-Committee.

Councillor Simpson-Laing withdrew from the room during consideration of agenda item 4b (42 Stonegate, York) under the provisions of the Planning Code of Good Practice, as she regularly frequented the premises.

To approve and sign the minutes of the meetings of the West & City Centre Area Planning Sub-Committee held on 16 November 2006 and 28 November 2006.

RESOLVED:             That the minutes of the meetings of the West & City Centre Area Planning Sub-Committee held on 16 November 2006 and 28 November 2006 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 day before the meeting. 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 Sub-Committee.

Members will consider a schedule of reports of the Assistant Director (Planning and Sustainable Development), relating to planning applications with an outline the proposals and relevant policy considerations and the views and advice of consultees and officers.

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.

Erection of an apartment block comprising 6 no. two bed flats and 1 no. two bed house, after demolition of existing dwellings at 73 and 75 Gale Lane (resubmission).  [Westfield Ward]

Members considered a full application, submitted by Mr J Wheldon, for the erection of an apartment block comprising 6 no. two bed flats and 1 no. two bed house, after demolition of existing dwellings at 73 and 75 Gale Lane (resubmission).

The case officer advised Members that condition 2 needed to be amended to refer to revised plan JW/GL/6B, received on 6 December 2006, and that an additional condition was recommended to ensure the implementation of the planting shown on the plans.

Members proposed that an informative be added requesting that the developer requires tenants to bring their bins back into the stores after they have been emptied.

RESOLVED:             That the application be approved, subject to the conditions listed in the report, with the following amended condition:

(i)   Condition 2 – “The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details:-

JW/GL/7 received 18th September 2006

JW/GL/8 received 18th September 2006

JW/GL/6B received 6th December 2006

or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans.

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

                                    And the following additional condition and informative:

(i)   Condition – “The scheme of landscaping shown on Drawing No. JW/GL/6B received by the Local Planning Authority on 6 December 2006 shall be carried out in its entirety within the period of twelve months beginning with the date on which development is commenced, or within such longer period as may be agreed in writing with the Local Planning Authority. All trees, shrubs and bushes shall be adequately maintained for the period of five years beginning with the date of completion of the scheme and  during that period all losses shall be made good as and when necessary.

Reason:  To secure the satisfactory implementation of the proposal.”

(ii)      Informative – “The Planning Committee requested that the lease of the flats should include a clause requiring the occupiers to remove their refuse bin from the street after emptying and place them in the bin store provided.”

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 character of the area, residential amenity, open space provision and highway safety. As such the proposal complies with Policy H9 of  the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies GP1, GP3, GP9, H4a, H5a, L1c and T4 of the City of York Local Plan Deposit Draft.

Variation of condition 4 of planning permission 03/00590/FUL to extend opening hours of an internet lounge from 1000-2300 (Mon-Sat) and 1100-2230 (Sun) to 1000-2400 (Mon-Thurs), 1000-0100 (Fri and Sat) and 1100-2400 (Sun) and extension of off-licence hours from 2230-2300(Sun).  [Guildhall Ward]

Members considered a full application, submitted by Ian Loftus, for the variation of condition 4 of planning permission 03/00590/FUL to extend opening hours of an internet lounge from 1000-2300 (Mon-Sat) and 1100-2230 (Sun) to 1000-2400 (Mon-Thurs), 1000-0100 (Fri and Sat) and 1100-2400 (Sun) and extension of off-licence hours from 2230-2300(Sun).

Some Members expressed concern that the application would harm the conservation area character of Stonegate and residential amenity in the area, whilst other Members expressed the view that no harm would be caused.

Councillor Horton proposed and Councillor B Watson seconded a motion to refuse the application.  On being put to the vote, this motion was lost, and a further motion was then put forward to approve the application.

RESOLVED:             That the application be approved, subject to the conditions attached to the previous planning permission for the premises.

REASON: The West & City Centre Area Planning Sub-Committee is of the opinion that in view of the existing licensed premises in the area, the proposed extension of hours would not harm the character and appearance of the conservation area and local residential amenity contrary to Policy E4 of the North Yorkshire County Structure Plan: Policies GP1, HE3, HE4 of the City of York Development Control Local Plan- Incorporating the Proposed 4th Set of Changes; and national planning guidance contained in Planning Policy Guidance Note No. 15 "Planning and the Historic Environment”.

Two storey pitched roof side extension and single storey rear extension.  [Rural West York Ward]

Members considered a full application, submitted by Mr P Hagues, for a two storey pitched roof side extension and single storey rear extension.

The case officer reported that Copmanthorpe Parish Council had changed their position on the application since the report had been published and outlined the objections that they had recently put forward.

Members expressed the view that for applications such as this, where other buildings were in close proximity, drawings were needed to indicate how the development related to neighbouring properties at roof level.  Officers were asked to investigate whether these details could be required when new planning legislation comes into effect.  It was suggested that a condition be added requiring the details of the relationship between the development and adjacent properties at roof level to be submitted to the Local Planning Authority for approval.

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

(i)   Condition – “Notwithstanding the approved plans a large scale drawing (1:20) showing the roof detail and guttering where it abuts the adjacent property (9 Hatters Close) including measured details of that property shall be submitted to and approved in writing by the Local Planning Authority. The development shall proceed only in accordance with the approved drawing.

Reason: To ensure that the roof and gutter detail can be built as shown in the interest of the visual amenity of the area and the living conditions of the adjacent property.”

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 the residential amenity of the neighbours, the visual amenity of the dwelling and the locality. As such, the proposal complies with Policies H7 and GP1 of the City of York Development Control Local Plan (2005); national planning guidance contained in Planning Policy Statement 1  "Delivering Sustainable Development"; and supplementary design guidance contained in the City of York's "A guide to extensions and alterations to private dwelling houses" and Guidelines 2, 3 and 4 of the extension and infill development guidelines in the Copmanthorpe Village Design Statement (2003).

Erection of a pitched roof two storey detached dwelling on land at 7-9 Hawkshead Close (resubmission).  [Westfield Ward]

Members considered a full application, submitted by Mr S O’Driscoll, for the erection of a pitched roof two storey detached dwelling on land at 7-9 Hawkshead Close (resubmission).

The case officer reported that, since the publication of the report, comments had been received from the drainage engineer at York Consultancy.  No objections had been raised but conditions were requested to require details of surface water drainage systems to be submitted to the Local Planning Authority for approval and to require the agreement of the height of the existing ground level and finished floor level above ordnance datum.  An informative was also requested regarding the connection of surface water drainage systems to the sewers.

Representations were received in objection to the application, from a neighbouring resident.

Some Members expressed the view that, in order to improve parking and access to buildings, the proposed dwelling needed to be moved back approximately 1m on the site, creating a larger gap between it and the existing property at 9 Hawkshead Close.  Members highlighted the need to relocate the cycle store to a more accessible location and to provide appropriate bin storage space.  They also drew attention to the need to ensure that the treatment of the boundary between the gravelled area and the adjacent lawn was satisfactory.

RESOLVED:             That the application be deferred.

REASON:(i) To investigate whether the proposed dwelling could be moved back approximately 1m on the site, creating a larger gap between it and the existing property at 9 Hawkshead Close, in order to improve parking and access to buildings;

(ii)   To assess whether the cycle store could be relocated to a more accessible location;

(iii)To consider provision of appropriate bin storage space;

(iv)  To ensure the treatment of the boundary between the gravelled area and the adjacent lawn is satisfactory.

Single storey rear extension, vehicle access and car parking, and new rooflights.  [Rural West York Ward]

It was reported that this full application, submitted by Honeypots (Dodsworth Hall) Limited, for a single storey rear extension, vehicle access and car parking, and new rooflights, had been withdrawn by the applicant.