Agenda and minutes

The following site was 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 approve and sign the minutes of the meetings of the West & City Centre Area Planning Sub-Committee held on 18^th October 2007 and 31^st October 2007.

RESOLVED:             That the minutes of meetings of the Sub-Committee held on 18 and 31 October 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 at the meeting 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 report of the Assistant Director, Planning and Sustainable Development, relating to the following planning applications, outlining the proposals and relevant considerations and setting out the views and advice of consultees and Officers.

Single storey pitched roof extension [Holgate Ward]

Members considered a full application, submitted by Mr and Mrs D Fotheringham, for a single storey pitched roof rear extension.

Officers drew Members attention to a letter, circulated at the meeting, from Cllr Bowgett, which they confirmed, should read that she had visited number 24 Aldborough Way and not 28 as stated. In the letter Cllr Bowgett asked Members to consider the major upheaval the proposal would have on the physical and mental wellbeing of Mrs Kemp of 24 Aldborough Way. A letter from the resident of 24 Aldborough Way was also circulated at the meeting in which she raised objections and expressed concerns in relation to the application.

Representations were received at the meeting from a neighbour who stated that the extension would shade her property and that there was a clause in the deeds, which stated that the applicant could not build any construction, which affected their neighbour’s light. She also stated that she was unsure why she had not been consulted on the application and questioned why the removal of light would not constitute grounds for refusal of an application.

Members requested clarification on points raised in the circulated letters as to which were planning issues as opposed to civil issues. Officers confirmed that a number of the issues were civil or building regulation issues and that any planning permission would not preclude future civil action.

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

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, and 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".

Reserved matters application for the erection of 2 and 3 storey building to form 14 apartments with associated parking after demolition of existing building (following outline permission ref: 05/01689/OUT granted on appeal 18/09/06) [Holgate Ward]

 Consideration was given to a major reserved matters application, submitted by Daniel Gath Homes Ltd, for the erection of 2 and 3 storey building to form 14 no. apartments with associated parking after demolition of existing building (following outline permission ref: 05/01689/OUT granted on appeal 18/09/06).

In answer to Members queries Officers confirmed that there had been no response in relation to this application from the Environmental Protection Unit, Safer York Partnership or drainage and that no revised plans showing floor levels had been received.  Officers updated that a sustainability statement had now been received.

Representations in objection were received from a local resident who stated that he had hoped that the school would have been converted rather than demolished. He felt that the proposal would exacerbate parking problems in the area and that there was a need for larger family houses in the area rather than flats.

The applicant answered Members questions and spoke in support of the application. He stated that no 3-bedroom properties had been proposed as gardens and parking would be expected for which there was insufficient space on the site. He also confirmed that the overall height of the three storey areas had been reduced by around 1m and that the floor to ceiling heights had also been reduced.

Members expressed concern at the proposed mix of dwellings particularly that family housing had not been included. They also referred to the Environment Agency objection requiring the proposed floor levels to be at least 11.54m AOD, to prevent flooding.

RESOLVED:             That the application be refused.

REASON:      1 The Local Planning Authority considers that the proposed mix of dwellings is inadequate and could be improved given the size of the site.  The proposal would therefore fail to assist in delivering the type of dwellings, which the Strategic Housing Market Assessment identifies as being required in the city.

To allow the proposal would therefore be contrary to policy PPS3: Housing which advises that Local Planning Authorities should adopt an evidence based approach to housing delivery, as York’s adopted Strategic Housing Market Assessment identifies demand for a range of dwelling sizes, with 21% looking for 1 bed, 29% for 2 bed, 29% for 3 bed, and 21% for 4 bedrooms, and over 60% of households are looking for houses rather than flats.  And also policy H3c of the City of York Draft Local Plan, which asks for a mix of housing on all sites. 

2The proposed development would be contrary to condition 10 of the approved outline application, which required that the floor levels of the proposed development be at least 11.54 metres AOD. As such the proposed development would be inadequately protected from flood risk, contrary to the requirements of the outline permission, reference 05/01689/OUT, policy GP15A of the City of York Draft Local Plan and PPS25: Development of Flood Risk.