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 any personal or prejudicial interest they might have in the business on the agenda. None were declared.

To approve and sign the minutes of the meeting of the West & City Centre Area Planning Sub-Committee held on 15^th November 2007.

RESOLVED:             That the minutes of the Sub-Committee meeting held on 15^th November 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 nobody had registered 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.

Single and two storey pitched roof rear and side extensions after demolition of existing garage and conservatory (resubmission). [Dringhouses and Woodthorpe Ward]

Members considered a full application submitted by Mr Wilson and Miss Goude for a single storey and two storey pitched roof rear and side extension after demolition of the existing garage and conservatory (resubmission).

Representations were received, in objection, from a resident of a neighbouring property who raised concerns regarding the scale and mass of the extension, over dominance, drainage, access, loss of amenity, boundary and party wall infringements and overlooking.

Members discussed the possibility of carrying out percolation tests, before development commenced, to ascertain the suitability of soakaways as the method of surface water drainage for the extensions and agreed that a condition should be added to this effect.

RESOLVED:             That the application be approved subject to the conditions outlined in the report and the following additional conditions:¹

·         The materials to be used externally shall match those of the existing buildings in colour, size, shape and texture.

Reason:  To achieve a visually acceptable form of development.

·        Development shall not commence until percolation tests have been carried out  in accordance with BRE Digest 365 to ascertain the suitability of soakaways as the method of surface water drainage for the extensions.  Should a soakaway prove to be unsuitable under the BRE Digest 365 the surface water should be discharged into the main drains unless otherwise approved in writing by the local planning authority.

Reason:  In the interests of the proper drainage of the site in accordance with policy GP15a of the Development Control Local Plan.

REASON:                  That the proposal, subject to the conditions outlined in the report and the above additional conditions, would not cause undue harm to interests of acknowledged importance, with particular reference to the amenity of the occupiers of adjacent residential properties and the character and appearance of the surrounding area. As such the proposal complies with Policies GP1 and H7 of the City of York Development Control Local Plan and the advice contained within SPG (2001) Guide to extensions and alterations to private dwelling houses.

Erection of three storey building comprising 12 one bedroom apartments [Micklegate Ward]

This application was withdrawn prior to the meeting.

Conversion and change of use to form ten apartments, two 3 bedroom houses and 2 ground floor B1 office and/or A1 retail unit(s) with associated external alterations. [Guildhall Ward]

Members considered a major full application submitted by S Harrison Developments for the conversion and change of use to form 10 apartments, two 3 bedroom houses and 2 ground floor B1 office and/or A1 retail unit(s) with associated external alterations.

Officers updated that the Conservation Officer had suggested some minor changes.

RESOLVED:             That the application be approved subject to the conditions outlined in the report.¹

REASON:                  That, subject to the conditions set out in the report, the proposal would not cause undue harm to interests of acknowledged importance, with particular reference to the character and appearance of the Central Historic Core Conservation Area, the residential amenity of the neighbouring property occupiers, transport provision, housing mix provision and the wider character of the surrounding area. As such the proposal complies with Policies SP6, SP8, GP1, GP4a, GP6, GP15a, L1c, HE2, HE3, HE10, T4a and H3c of the City of York Development Control Local Plan.

Change of use from care home to two dwellings, part demolition of rear extension, pitched roof single storey side/rear extension to No. 100, single storey pitched roof rear extension to No. 98 and one single and one double garage. [Micklegate Ward]

Members considered a full application submitted by Ms J Lenthall for the change of use from a care home to two dwellings, part demolition of rear extension, pitched roof single storey side/rear extension to 100 Bishopthorpe Road and a single storey pitched roof rear extension to 98 Bishopthorpe Road and one single and one double garage.

Officers updated that additional conditions regarding noise insulation and cycle parking had now been added (detailed below). Condition 3 had been amended to refer to re-use of bricks and the informative linked to condition 6 had been amended to indicate that the contribution required was now £3888.

Representations in objection were received on behalf of a local resident. The resident had raised the following concerns:

·        The proposals appear cramped and cluttered and as such undermine the character and appearance of the street scene and the conservation area

·        Location of proposed garages

·        The proposal over caters for private vehicles

·        In their current form the proposals are contrary to the City of York Draft Deposit Local Plan and Policy GP1 Design

Representations were received, in support, from the Applicant’s agent who stated that the proposed development was not within the conservation area. He said that if the garages were to be relocated then access to them would be compromised and cause highway problems.

RESOLVED:             That the application be approved subject to the conditions outlined in the report and the following amended and additional conditions:¹

                                    Amended Condition 2:

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

Drawing number BS 1846/PL01

Drawing number BS 1846/PL02

Drawing number BS 1846/PL03 rev C received 13 December 2007

Drawing number BS 1846/PL04 rev C received 13 December 2007

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.

                                    Amended Condition 3:

Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used to include reused bricks from the demolished building shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out using the approved materials.

Reason:  So as to achieve a visually cohesive appearance.

Amended Condition 6

INFORMATIVE:

The alternative arrangements of the above condition could be satisfied by the completion of a planning obligation made under Section 106 of the Town and Country Planning Act 1990 by those having a legal interest in the application site, requiring a financial contribution towards off site provision of open space. The obligation should provide for a financial contribution calculated at £ 3888.

Additional Conditions

Condition 9    Prior to commencement of the development, a scheme of noise insulation for the wall adjacent to the existing dwelling at  ...  view the full minutes text for item 66d

Erection of substation located to the rear of number 38 Huntington Road [Guildhall Ward]

Members considered a full application submitted by Barratt Homes (York Division) Ltd for the erection of a sub-station located to the rear of Number 38 Huntington Road.

Officers updated that revised plans had been received that clarified the finished floor level of the substation. It would be 10.6AOD and the external measurements had not altered.

The following comment had been received from the City of York Council’s Environmental Protection Unit regarding magnetic fields:

‘I understand there are concerns from local residents about the possible effects from electromagnetic radiation associated with the proposed sub-station. Currently there is no specific legislation in the UK relating to human exposure to magnetic fields. The health effects of exposure to magnetic flux densities at 50Hertz are due to the effects of induced currents on the function of the central nervous system. The International Commission on Non-Ionising Radiation Protection (ICNIRP) have developed reference levels for compliance with basic restrictions, both for occupational exposure and exposure by the general public. The reference levels have been set at 500 microtesla for occupational exposure and 100 microtesla for general public exposure. These levels are hundreds of times higher than the level at which human effects can occur.

The National Radiological Protection Board regularly carries out measurements of magnetic fields and have found levels of a few microtesla at the boundary of sub-stations, which then drops rapidly to negligible levels within five metres from the sub-station. To put this in perspective they find typical levels of 0.1-7 microtesla from hair dryers, 0.15-3 from washing machines, 0.6-10 microtesla from food mixers, 2-20 from vacuum cleaners and 22 microtesla when standing directly beneath a 275 kilovolt power line.

All sub-stations must be constructed according to a British Standard. Barratt Homes confirm that the sub-station is to be constructed to this standard by Yorkshire Electric Distribution Limited; therefore I see no reason to object to this application.’

The Officer also reported that the Foss Drainage Board had no objections. A total of nine objections had now been received in writing and these raised the following concerns:

·        Lack of consultation letters

·        Health impacts – child leukaemia and depression

·        Flood risk

·        Loss of property value

·        Suggested relocation to the north of the site

·        The benefits are for the new housing estate only

Some Members asked the Officer whether the Environment Agency were satisfied that the sub-station would be unlikely to flood and he responded that it had been the Environment Agency that had set the level of 10.6 metres for the floor level.

Representations were received, in objection, from a neighbouring resident, who had the following concerns:

·        Health risks including leukaemia, cancer and tumours

·        Inconclusive evidence regarding impact on health

·        Consideration of alternative sites for the sub-station

·        Electro-magnetic fields can have an adverse effect on health

·        Consideration of local residents views and not just the building company’s views

Representations were received from a neighbouring resident, who objected to the application on health grounds.

Members discussed the fact that the size of the sub-station would be  ...  view the full minutes text for item 66e

Single storey detached garden room to rear (revised scheme) [Rural West York Ward]

Members considered a full application submitted by B W and P M Fullam for a single storey detached garden room to the rear (revised scheme).

RESOLVED:             That the application be approved subject to the conditions outlined in the report.¹

REASON:                  That the proposals, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to neighbouring resident’s amenity or the character and appearance of the conservation area. As such the proposal complies with Policies H7 and HE2 of the City of York Development Control Local Plan.