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.

At this point Members were asked to declare any personal or prejudicial interests they may have in the business on the agenda. None were declared.

To consider excluding the public and press from the meeting during consideration of agenda item 8 (Enforcement Cases Update) on the grounds that they contain information 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. This information, if disclosed to the public would reveal that the authority proposes to give, under any enactment, a notice under or by virtue of which requirements are imposed on a person or that the Authority proposes to make an order or directive under any enactment.

RESOLVED:             That the Press and Public be excluded from the meeting during consideration of the annexes to agenda item 6 (Enforcement Cases Update) on the grounds that they contain information classed as exempt under paragraph 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. This information, if disclosed to the public would reveal that the authority proposes to give, under any enactment, a notice under or by virtue of which requirements are imposed on a person or that the Authority proposes to make an order or directive under any enactment.

To approve and sign the minutes of the meeting of the West & City Centre Area Planning Sub-Committee held on 20^th September 2007.

RESOLVED:             That the minutes of the meeting held on 20^th September 2007 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. 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.

Conversion of existing church hall to 3 no. 1 bed apartments and external alterations (resubmission) [Holgate Ward]

Members considered a full application submitted by the Reverend Karen Burnett-Hall for the conversion of the existing church hall to 3 one-bedroom apartments and external alterations (resubmission).

The Officer updated that Highway Network Management were still awaiting details of cycle storage. One additional representation had been received that highlighted the following:

·        Conditioning the alterations to the church to take place within a 3 month period so that the current facility users are not without a base.

·        Flooding -

·        Allocation of Section 106 monies so that £1080 for outdoor amenity is spent on Back Park.

Members felt that any Section 106 monies should be used on leisure facilities for the area but no specific project or amenity should be conditioned.

Representations were received from the Applicant’s Agent who stressed the importance of improving the quality and quantity of community facilities.

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

REASON:                  That the proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to visual amenity, residential amenity, provision of community facilities, flood risk and highway safety. As such the proposal complies with Policies GP1, GP4a, GP15, H4, C3 and L1c of the City of York Local Plan Deposit Draft.

Variation of condition 3 of planning permission 06/01336/FUL for 10 New Street and variation of condition 4 of planning permission 06/00339/FUL for 10A New Street to alter opening hours of existing Cafe/bar to 0900-0430 Mon-Sun [Guildhall Ward]

Members considered a full application submitted by Mr James Doughty for the variation of condition 3 of planning permission 06/01336/FUL for 10 New Street and variation of condition 4 of planning permission 06/00339/FUL for 10A New Street to alter opening hours of existing Café bar to 0900-0430 Monday to Sunday.

Officers updated that paragraph 3.1 of the report was incorrect and because the original pavement café licence had been issued before the introduction of the new guidelines regarding operating hours of pavement cafés then the Blue Fly Café could already operate until 0330am.  An additional representation in objection to the application had been received regarding customers not remaining within the barrier of the premises, thus spilling onto and blocking the highway. The letter also referred to the fact that pavement café licences allocated by Highway Network Management can only operate until 8pm.

Representations were received at the meeting from the agent to the applicant who said that the additional letter was based upon a false premise as it had already been acknowledged in the Officer update that the pavement café licence had been issued before the new guidelines came into operation. He stated that the café bar was policed properly and security staff were employed.

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

REASON:                  That 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 function of the area, the character and appearance of the Conservation Area, the setting and historic interest of the listed building, the amenities of nearby occupants and highway safety. As such the proposal complies with Policy E4 of the North Yorkshire County Structure Plan and Policies HE3, HE4 and S6 of the City of York Development Control Local Plan Deposit Draft, incorporating the 4^th set of changes.

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 reports be noted.

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