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.

Councillor Horton declared a personal non-prejudicial interest in Plans Items 4f and 4g (31 Bootham) as he knew the Applicant and also in Plans Item 4c (Rear of 54 Beckfield Lane) as he knew one of the speakers.

Councillor Moore declared a personal and prejudicial interest in Plans Items 4d and 4e as he had sat on the panel of a Licensing Hearing connected with this matter. He took no part in the debate.

Councillor Watson declared a personal and prejudicial interest in Plans Items 4d and 4e as he had sat on the panel of a Licensing Hearing connected with this matter. He took no part in the debate.

To approve and sign the minutes of the meetings of the West & City Centre Area Planning Sub-Committee held on 21^st June 2007 and 3^rd July 2007.

RESOLVED:             That the minutes of the meetings held on 21^st June 2007 and 3^rd July 2007 be approved and signed by the Chair as correct records.

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. 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 proposal and relevant policy considerations and setting out the views and advice of consultees and Officers.

Change of use of first, second and third floors from retail to 5no. apartments including alterations to existing retail area and

3no. dormers to existing roof slope [Guildhall Ward}

It was reported that this application had been withdrawn prior to the meeting.

Change of use of first, second and third floors from retail to 5no. apartments including alterations to existing retail area and

3no. dormers to existing roof slope [Guildhall Ward]

It was reported that this application had been withdrawn prior to the meeting.

Erection of 8 no. two storey dwellings with associated parking and garaging [Acomb Ward]

Members considered a full application submitted by Leeper Hare Developments Limited for the erection of 8 two storey dwellings with associated parking and garaging.

Officers updated that 7 highway conditions had been added since the report had been written along with an informative regarding dropped kerbs.  A height condition had also been added in and it was confirmed that the maximum height of the buildings would be 7.9m. Conditions had been added regarding landscaping, retention of trees and protection of hedges. Condition 2 in the report had been amended and H34.90.02 Revision A had been amended to read Revision B. All additional and amended conditions are listed in the resolution below.

Members asked Officers to clarify the size of the site and they confirmed that it was 0.27 hectares.

Representations, in objection, were received from the Chair of Acomb Planning Panel. The Planning Panel welcomed development of the site but felt that the application was for too high a density of housing and of a design that was not compatible with existing properties in the area. There were also concerns regarding the potential increase in traffic and overlooking of existing properties.

Representations were also received from a local resident who spoke on behalf of himself and other local people. He said that local residents felt that the density of the development was too high and would be out of character with the properties in the surrounding area. He also expressed concerns regarding a potential increase in traffic, development within the blue line boundary, damage to established hedges, loss of light, loss of property value and size of the proposed dwellings.

Members discussed the following:

o       A sustainability statement had not yet been received from the Applicant

o       Members welcomed the fact that the proposed development was for houses and gardens

o       The fact that the Applicant owned a nearby site as well; it was noted that the Applicant may be required to provide affordable housing as part of any future proposals

o       A condition should be added regarding construction traffic management

RESOLVED:            That the application be approved subject to the conditions outlined in the report and the following additional conditions and informatives.

1.      The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details:-

H34.90.01 – Site Plan

H34.90.02 Rev B – Site Plan as Proposed

H34.90.03 – House Types

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.

2.      Prior to the development coming into use, all areas used by vehicles shall be surfaced, sealed and positively drained within the site, in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority.

Reason: To prevent the egress of water and loose material onto the public highway.

3.      Prior  ...  view the full minutes text for item 21c

Creation of smoking terrace including erection of 2.1 timber panels with galvanised steel frame, floor mounted umbrella

and associated works to the rear of 92 Micklegate [Micklegate Ward}

Members considered a full application submitted by Luminar Terrace Limited for the creation of a smoking terrace including the erection of 2.1 timber panels with galvanised steel frame, floor mounted umbrella and associated works to the rear of 92 Micklegate.

Officers updated that:

·        Highway Network Management had no objections to the application

·        Design, Conservation and Sustainable Development: The escape doors, to be finished in galvanised sheet, are plain and do not match the other doors which have applied mouldings. These doors should match the existing ones and their mouldings. The fire doors could be dressed to match.

·        Objections had been received from the York Backpackers on the following:

o       The site is 35m from the nightclub which is open until 4am and there were concerns regarding noise from people using the shelter and from music in the building when the doors are opened.

o       Noise from persons – this would be in short sharp bursts opposed to a steady noise level and could have an adverse effect on people trying to sleep.

o       Noise escape when people go outside – people naturally talk louder when they have been exposed to loud music.  The noise assessment does not take into consideration noise levels if both doors to the outside were left open.

o       They ask that noise levels are no more than 5decibels above ambient noise levels or 3decibels in summer when windows may be open.  If permission were granted this should be a condition of approval.

o       They currently place younger guests at the rear, to prevent them being exposed to noise and disturbance (including bad language and acts of public disorder)  associated with Micklegate.  They were concerned there would have be a similar affect at the rear.

o       The proposed timber structure would harm the visual amenity of the area as it was in the conservation area. 

Members felt that the occupancy level of the smoking terrace should be set to a maximum of 40 persons at any one time. They also felt that the doors facing onto Toft Green should match existing ones.

RESOLVED:    That the application be granted subject to the conditions outlined in the report and the following additional conditions:

1.       The escape doors onto Toft Green shall be finished / faced with panels to match the existing doors on the

premises that face Toft Green.

               Reason: In the interests of the appearance of the building.

2.       No more than 40 persons at any one time shall use the smoking terrace.

Reason: To prevent noise nuisance.

REASON:     The proposal, subject to the conditions listed above and those in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to the special historic interest of the listed building, the character and appearance of the conservation area and amenity. As such the proposal complies with Policy E4 of the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies GP1, HE3, HE4 and S6 of the City of York Local Plan Deposit  ...  view the full minutes text for item 21d

Creation of smoking terrace including erection of 2.1 timber panels, galvanised steel frame and floor mounted umbrella

and associated works to the rear including alterations to existing gates and new doors in connection with Toffs Nightclub

[Micklegate Ward]

Members considered an application for Listed Building Consent submitted by Luminar Leisure Limited for the creation of a smoking terrace including erection of 2.1 timber panels, galvanised steel frame and floor mounted umbrella and associated works to the rear including alterations to existing gates and new doors in connection with Toffs Nightclub.

RESOLVED:             That the application be approved subject to the conditions outlined 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 special historic interest of the listed building and the character and appearance of the conservation area. As such the proposal complies with Policy E4 of the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies HE3 and HE4 of the City of York Local Plan Deposit Draft.

Erection of four storey mixed use building comprising 12no. apartments, B1 offices and ground floor retail after demolition

of existing building (resubmission) [Guildhall Ward]

Members considered a major full application submitted by Bootham Row Limited for the erection of four storey mixed use building comprising 12 apartments, B1 offices and ground floor retail after demolition of the existing building (resubmission).

Representations were received from the agent to the objector who said that her client felt that the site needed improvement and therefore welcomed, in principal,  development of this land.  She raised the following points of concern:

·        The plans were inaccurate and complete

·        There had been little or no consultation with her client who ran a well established nearby business

·        The adjacent workshop (owned by her client) was an integral part of the existing building at the rear of the site and no detail had been submitted of how this wall was to be treated after the building had been demolished

·        She sought confirmation that her client’s livelihood would be protected both during and after building works

·        Mechanical ventilation was noisy and opening windows were environmentally unfriendly

·        Fumes from a stove within her client’s property and fumes from revving engines would be a source of potential nuisance

Representations were also received from the Applicant’s agent who clarified that the Applicant would be willing to accept an additional condition regarding sustainability and BREAAM guidance. He confirmed that the party wall (with the adjoining workshop) would remain in place and a new wall built adjacent to this. He also said that a Bat Survey would take place before any building work started and all potential noise issues would be addressed before work commenced.

Members discussed the application and raised the following points:

·        The ATM should be protected by bollards

·        The eaves height should be dropped in line with Bootham School

·        The Bat Survey need to take place before building commenced

·        The noise attenuation needed to be addressed

·        Some Members felt that they would like to see the ‘string course’ retained on the Bootham elevation and on the curve of the building

·        The disabled parking space was the furthest from the lift and this needed to be addressed

·        The Applicant would need to stress to buyers of the properties that there was no contract parking in Bootham Row

·        It would be nice if the Applicant could attach brackets and hanging baskets to the building

·        The need to protect existing businesses in the area to avoid complaints about potential noise nuisance. It would be unfair if complaints were made against these premises

RESOLVED:             That delegated authority be given to Officers to approve the application 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:

o       Principle of the development

o       Design – impact on character and appearance of the conservation area and adjacent listed buildings

o       Noise issues – amenity of future occupiers

o       Impact on adjacent occupiers

o       Highway issues

o       Sustainability

o       Open space, education provision

As such the proposal complies with Policies S1  ...  view the full minutes text for item 21f

Demolition of building in the Conservation Area (resubmission) [Guildhall Ward]

Members considered a Conservation Area Consent application submitted by Bootham Row Limited for the demolition of a building in the Conservation Area (resubmission).

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

REASON:                  That, subject to the conditions in the report, the proposal would not cause undue harm to interests of acknowledged importance, with particular reference to:

·                    Architectural quality of building

·                    Impact on character and appearance of the conservation area

As such the proposal complies with Policy E4 of the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policy HE5 of the City of York Local Plan Deposit Draft.